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Council Directive of 16 December 1991 relating to the compulsory use of safety belts and child-restraint systems in vehicles (91/671/EEC)

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[F1Council Directive

of 16 December 1991

relating to the compulsory use of safety belts and child-restraint systems in vehicles

(91/671/EEC)]

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the national laws on compulsory use of safety belts differ widely from one Member State to another; whereas it is therefore necessary to harmonize that compulsory use;

Whereas the obligation to use safety belts should be harmonized in vehicles of less than 3,5 tonnes in order to guarantee road users a greater degree of safety;

Whereas Directives 76/115/EEC(4) and 77/541/EEC(5) concern the technical requirements relating to safety belts with which motor vehicles must comply, but not the use of safety belts;

Whereas in the resolution of 19 December 1984(6), the Council and the Representatives of the Governments of the Member States, meeting within the Council, undertook to ensure the rapid adoption of road safety measures, and invited the Commission to submit proposals;

Whereas resolutions of the European Parliament on road safety(7) have recommanded that the wearing of safety belts by all passengers, including children, on all roads and in all seats in passenger vehicles (except public service vehicles), should be compulsory;

Whereas provision should be made for the compulsory use of child restraint systems on seats fitted with safety belts;

Whereas, pending harmonized Community standards for child restraint systems, those standards which correspond to Member States' national requirements must be recognized throughout the Member States;

Whereas studies have also shown that rear seats are almost as hazardous as front seats for unbelted passengers and that rear-seat passengers not wearing belts increase the risk of injuries to front seat passengers; whereas deaths and injuries could thus be further reduced if the wearing of belts in rear seats was made compulsory;

Whereas the fixing of the date of entry into force of the measures referred to in this Directive should allow time for the drafting of the implementing provisions required, particularly in those Member States where as yet no provisions on this matter exist,

HAS ADOPTED THIS DIRECTIVE:

(4)

Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor vehicle safety belts (OJ No L 24, 30. 1. 1976, p. 6), as last amended by Directive 90/629/EEC (OJ No L 341, 6. 12. 1990, p. 14).

(5)

Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (OJ No L 220, 29. 8. 1977, p. 95), as last amended by Directive 90/628/EEC (OJ No L 341, 6. 12. 1990, p. 1).

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