Council Directive of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (77/541/EEC) (repealed)

Article 1 U.K.

1. Each Member State shall grant EEC component type-approval for any type of three-point or lap safety belt and any type of restraint system which satisfies the design and test requirements laid down in 2 of Annex I and in Annexes IV to XIV.

2. The Member State which has granted EEC component type-approval shall take the measures required to ensure that production models conform to the approved type, if need be in cooperation with the competent authorities in the other Member States.

3. For the purpose of implementing paragraph 2, it shall be sufficient for a Member State to ensure that as a minimum the quality-control procedures laid down in 2.8.1 of Annex I are applied.

If, however, the checks are made by the Member State itself, or by laboratories authorized by it, the methods used shall be such as to give results at least as reliable as those that would be given by the procedures provided for in paragraph 1. The procedure laid down in 2.8.2 of Annex I is, in particular, an appropriate method.

Article 2 U.K.

Member States shall, for each type of safety belt or restraint system which they approve pursuant to Article 1, issue to the manufacturer[F1 , or to his authorized representative,] an EEC component type-approval mark conforming to one of the models shown in Annex III.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between safety belts or restraint systems which have been type-approved pursuant to Article 1 and other devices.

Textual Amendments

F1 Deleted by Commission Directive 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles (Text with EEA relevance).

[F2 Article 2a U.K.

1. Member States may, under national law, allow the installation of safety belts or restraint systems other than those covered by this Directive provided they are intended for disabled people.

2. Member States may also exempt restraint systems designed to comply with the provisions of Annex VII to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (1) from the provisions of this Directive.

3. The requirements of Annex I, point 3.2.1 of this Directive shall not apply to seat belts and restraint systems covered by paragraphs 1 and 2.]

Textual Amendments

F2 Inserted by Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (Text with EEA relevance).

Article 3 U.K.

1. No Member State may prohibit the placing on the market of safety belts and restraint systems on grounds relating to their design or method of functioning if they bear the EEC component type-approval mark.

2. Nevertheless, a Member State may prohibit the placing on the market of safety belts and restraint systems bearing the EEC component type-approval mark which consistently fail to conform to the approved type.

That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.

[F3 Article 4 U.K.

The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4 (6) of Directive 70/156/EEC, of each type of safety belt and restraint systems for which an approval has been granted, refused or withdrawn.]

Textual Amendments

F3 Substituted by Commission Directive 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles (Text with EEA relevance).

Article 5 U.K.

1. If a Member State which has granted EEC component type-approval finds that a number of safety belts and restraint systems bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

2. The competent authorities of the Member States shall inform one another within one month of any withdrawal of EEC component type-approval and of the reasons for such measure.

3. If a Member State which has granted EEC component type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.

Article 6 U.K.

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for safety belts or restraint systems or prohibit their placing on the market or use shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.

Article 7 U.K.

No Member State may refuse to grant EEC type-approval or national type-approval for a vehicle on grounds relating to the safety belts or restraint systems with which it is equipped, if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in 3 of Annex I.

Article 8 U.K.

No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its safety belts or restraint systems, if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in 3 of Annex I.

[F4 Article 9 U.K.

For the purposes of this Directive, ‘vehicle’ means any motor vehicle in categories M and N as defined in [F3 Annex II A] to Directive 70/156/EEC intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.

[F2 Vehicles of category M ₂ and M ₃ shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC.] ]

Textual Amendments

F2 Inserted by Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (Text with EEA relevance).

F3 Substituted by Commission Directive 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles (Text with EEA relevance).

F4 Substituted by Council Directive of 20 July 1981 amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (81/576/EEC).

Article 10 U.K.

The amendments necessary for adapting the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

Article 11 U.K.

1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.

2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.

Article 12 U.K.

This Directive is addressed to the Member States.