Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor^f1, and in particular Article 14(1)(a) thereof,

Whereas:

Commission Regulation (EU) No 1230/2012^f2 implements Regulation (EC) No 661/2009 through laying down requirements for the EC type-approval of motor vehicles and their trailers with regard to their masses and dimensions.

Aerodynamic devices and equipment, such as for instance retractable or foldable flaps attached to the rear of trucks and their trailers, as well as aerodynamic devices and equipment for cabs are currently available technology with a potential for improving the aerodynamic performance of vehicles. However, due to their design, those devices and equipment may project beyond the outermost part at the front, back or laterally of the vehicles on which they are fitted. Therefore, vehicles fitted with such devices and equipment should be exempted from the requirements relating to the standard dimensions.

Council Directive 96/53/EC^f3 was amended by Directive (EU) 2015/719 of the European Parliament and of the Council^f4 and by Regulation (EU) 2019/1242 of the European Parliament and of the Council^f5 to provide for a derogation from the maximum length and weight restrictions in order to allow the use of motor vehicles with improved aerodynamic characteristics and alternatively fuelled or zero-emission motor vehicles, respectively, in cross-border traffic.

With a view to ensuring coherence between EC type-approval legislation and the harmonised rules for road vehicles circulating within the Union, it is necessary to lay down type-approval requirements for motor vehicles with elongated cabs and for aerodynamic equipment or devices in order to ensure that they provide benefits in terms of energy performance, better visibility for drivers, safety to other road users as well as safety and comfort for drivers.

It is not possible for an approval authority to certify that a type of aerodynamic device and equipment satisfies the relevant technical requirements independently of a vehicle. Such aerodynamic devices and equipment should therefore be type-approved in relation to one or more specified types of vehicles or in relation to generic vehicles for which the precise dimensions and material specifications at the installation location are defined. For that reason, they should be type-approved as separate technical units and the specific requirements for their approval before being placed on the market should be set out. Elongated cabs should be subject to a vehicle type-approval, respectively, as required by Directive 96/53/EC.

Compliance with the upcoming CO₂ emission standards for heavy duty vehicles will require the application of various technologies to improve energy efficiency. One of the most efficient measures to improve energy efficiency is to reduce air drag of motor vehicles.

Retractable or foldable aerodynamic devices attached to the rear of trucks and their trailers and aerodynamic devices and equipment of cabs should be constructed in such a way to ensure that they do not impair the capability of the vehicle to be used for intermodal transport. Therefore, the maximum width of 2,60 m should apply to all vehicles, including the refrigerated ones. In addition, the aerodynamic devices should be able to resist the displacement of air generated by operational circumstances in intermodal transport.

Alternatively fuelled or zero-emission motor vehicles should benefit from extra weight allowance. The additional weight required for the alternative fuel or zero-emission technology should be clearly indicated on the manufacturer’s statutory plate.

Regulation (EU) No 1230/2012 should therefore be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,

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