|
3.10.2009 |
EN |
Official Journal of the European Union |
L 261/40 |
DIRECTIVE 2009/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on roll-over protection structures of wheeled agricultural or forestry tractors (static testing)
(codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
Council Directive 79/622/EEC of 25 June 1979 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
|
(2) |
Directive 79/622/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards their roll-over protection structure (static testing). Those technical prescriptions concern the approximation of the laws of the Member States, to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
|
(3) |
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex X, Part B, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37/EC, having the following characteristics:
|
(a) |
clearance beneath the rear axle of not more than 1 000 mm; |
|
(b) |
fixed or minimum adjustable track width of one of the driving axles of 1 150 mm or more; |
|
(c) |
possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar; |
|
(d) |
mass of 800 kg or more, corresponding to the unladen mass of the tractor as referred to in point 2.1,1 of Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer. |
Article 2
1. Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I to V.
2. A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.
Article 3
Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to their respective authorised representatives, an EC component type-approval mark conforming to the model shown in Annex VI.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.
Article 4
No Member State may prohibit the placing on the market of roll-over protection structures or their tractor attachments on grounds relating to their construction if they bear the EC component type-approval mark.
Nevertheless, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which consistently fail to conform to the approved type.
That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 5
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the component EC type-approval certificates, a model of which is shown in Annex VII, completed for each type of roll-over protection structure which they approve or refuse to approve.
Article 6
1. If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC 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 Member State shall advise those of the other Member States of the measures taken which may, if necessary, where there is a serious and repeated failure to conform, extend to withdrawal of the EC component type-approval.
Those 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 within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.
Article 7
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component EC type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.
Such decision 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 8
1. No Member State may refuse to grant EC type-approval, to issue the document provided for in Article 2(u) of Directive 2003/37/EC, or to grant national type-approval in respect of a type of tractor on grounds relating to the roll-over protection structures, if these satisfy the requirements set out in Annexes I to IX.
2. Member States may not issue the document provided for in Article 2(u) of Directive 2003/37/EC in respect of a type of tractor which does not meet the requirements of this Directive.
Member States may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of this Directive.
Article 9
No Member State may refuse to register or prohibit the sale, initial entry into service or use of any tractor on grounds relating to the roll-over protection structures if these satisfy the requirements set out in Annexes I to IX.
Article 10
For the purposes of EC type-approval, any tractor to which Article 1 refers must be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV.
However, the tractors defined in Article 1 of Directive 2009/57/EC of 13 July 2009 of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (6) may, for the purposes of EC type-approval, be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV of that Directive.
Article 11
Any amendments necessary to adapt to technical progress the requirements of Annexes I to IX shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
Article 12
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 13
Directive 79/622/EEC, as amended by the acts listed in Annex X, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex X, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XI.
Article 14
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 15
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
E. ERLANDSSON
(1) OJ C 211, 19.8.2008, p. 17.
(2) Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 22 June 2009.
(3) OJ L 179, 17.7.1979, p. 1.
(4) See Annex X, Part A.
(6) See page 1 of this Official Journal.
LIST OF ANNEXES
|
ANNEX I |
Conditions for EC component type-approval |
|
ANNEX II |
Conditions for testing the strength of the protection structures and of their attachment to tractors |
|
ANNEX III |
Test procedures |
|
ANNEX IV |
Figures |
|
ANNEX V |
Test report model relating to the EC component type-approval test of a protection structure (safety frame or cab) with regard to its strength as well as the strength of its attachment to the tractor (static testing) |
|
ANNEX VI |
Marks |
|
ANNEX VII |
Model of EC component type-approval certificate |
|
ANNEX VIII |
Conditions for EC type-approval |
|
ANNEX IX |
Annex to the EC type-approval certificate for a tractor type with regard to the strength of the protection structures (safety cab or frame) and of their attachment to the tractor (static testing) |
|
ANNEX X |
Part A: Repealed Directive with list of its successive amendments Part B: List of time limits for transposition into national law |
|
ANNEX XI |
Correlation table |
ANNEX I
Conditions for EC component type-approval
1. DEFINITION
|
1.1. |
‘Roll-over protection structure’ (safety cab or frame), hereinafter called ‘protection structure’, means the structure on a tractor the essential purpose of which is to avoid or limit risks to the driver resulting from roll-over of the tractor during normal use. |
|
1.2. |
The structures mentioned in point 1.1 are characterised by the fact that during the tests prescribed in Annexes II and III they ensure an unobstructed space inside them large enough to protect the driver. |
2. GENERAL REQUIREMENTS
|
2.1. |
Every protection structure and its attachment to a tractor must be so designed and constructed as to fulfil the essential purpose laid down in point 1. |
|
2.2. |
This condition is considered to be fulfilled if the requirements of Annexes II and III are complied with. |
3. APPLICATION FOR EC COMPONENT TYPE-APPROVAL
|
3.1. |
The application for EC component type-approval with regard to the strength of a protection structure and the strength of its attachment to a tractor shall be submitted by the tractor manufacturer or by the manufacturer of the protection structure or by their respective authorised representatives. |
|
3.2. |
The application for EC component type-approval shall be accompanied by the undermentioned documents in triplicate and by the following particulars:
|
|
3.3. |
A tractor representative of the tractor type for which the protection structure to be approved is intended shall be submitted to the technical service responsible for conducting the component type-approval tests. This tractor shall be fitted with the protection structure. |
|
3.4. |
The holder of EC component type-approval may request its extension to other tractor types. The competent authority which has granted the original EC component type-approval shall grant the extension if the approved protection structure and the type(s) of tractor for which the extension is requested comply with the following conditions:
|
4. MARKINGS
|
4.1. |
Every protection structure conforming to the approved type shall bear the following markings:
|
|
4.2. |
All these particulars must appear on a small plate. |
|
4.3. |
These markings must be visible, legible and indelible. |
ANNEX II
Conditions for testing the strength of the protection structures and of their attachment to tractors
1. GENERAL REQUIREMENTS
1.1. Test purposes
Tests made using special rigs are intended to simulate such loads as are imposed on a protection structure, when the tractor overturns. These tests, described in Annex III, enable observations to be made on the strength of the protection structure and any brackets attaching it to the tractor and any parts of the tractor which transmit the test force.
1.2. Preparation for test
1.2.1. The protection structure must conform to the series production specifications. It shall be attached in accordance with the manufacturer’s declared method of attachment to one of the tractors for which it is designed. A complete tractor is not required for the test; however, the protection structure and parts of the tractor on which it is attached for the tests shall represent an operating installation, hereinafter referred to as ‘the assembly’.
1.2.2. The assembly shall be secured to the bedplate so that the members connecting the assembly and the bedplate do not deflect significantly in relation to the protection structure under loading. The method of attachment of the assembly to the bedplate must not of itself modify the strength of the assembly.
1.2.3. The assembly must be supported and secured or modified so that all the test energy is absorbed by the protection structure and its attachment to the rigid components of the tractor.
1.2.3.1. To comply with the requirements of point 1.2.3, the modification shall lock any tractor ride suspension system so as to ensure that it does not absorb any of the test energy.
1.2.4. For the tests the tractor must be fitted with all structural components of the series production which may influence the strength of the protection structure or which may be necessary for the strength test.
Components which may create a hazard in the zone of clearance must also be fitted so that they may be examined to see whether the requirements of point 4 have been fulfilled.
All components that the driver could himself remove shall be removed for the tests. If it is possible to keep the doors and windows open or to remove them when the tractor is in use, they must be kept open or removed during the tests, so as not to increase the strength of the roll-over protection structure. If, in this position, they constitute a danger for the driver should the tractor roll over, the test report must refer to this fact.
1.3. Tractor mass
The reference mass mt, used in the formulae (see Annex III) to calculate the energies and the crushing force, shall be at least that defined in point 2.1.1 of Annex I to Directive 2003/37/EC (i.e. excluding optional accessories but including coolant, oils, fuel, tools and driver) plus the protection structure and less 75 kg.
Not included are optional front or rear weights, tyre ballast, mounted implements, mounted equipment or any specialised components.
2. APPARATUS AND EQUIPMENT
2.1. Horizontal loading tests (side and longitudinal)
2.1.1. Material, equipment and tie-down means adequate to ensure that the assembly is firmly fixed to the bedplate, independently of tyres if present.
2.1.2. Means of applying a horizontal force on the protection structure by a stiff beam as shown in figures 1 and 2 of Annex IV.
2.1.2.1. The stiff beam shall have a vertical face dimension of 150 mm.
2.1.2.2. Provision must be made so that the load can be uniformly distributed normal to the direction of loading and along a beam having a length of one of the exact multiples of 50 between 250 and 700 mm.
2.1.2.3. The edges of the beam in contact with the protection structure shall be curved with a maximum radius of 50 mm.
2.1.2.4. Universal joints — or the equivalent — shall be incorporated to ensure that the loading device does not constrain the structure in rotation or translation in any direction other than the direction of loading.
2.1.2.5. Where the horizontal length of the protection structure to which the load is to be applied does not constitute a straight line normal to the direction of application of the load, the space shall be packed so as to distribute the load over this length.
2.1.3. Equipment for measuring as far as is technically possible the energy absorbed by the protection structure and the rigid parts of the tractor to which it is attached, for example by measuring the force applied along its direction of application and the corresponding deflection relative to a point on the tractor chassis.
2.1.4. Means for proving that the zone of clearance has not been entered during the test. A rig according to figures 6a, 6b and 6c of Annex IV can be used.
2.2. Crushing tests (rear and front)
2.2.1. Material, equipment and tie-down means adequate to ensure that the tractor is firmly fixed to the bedplate, independently of tyres.
2.2.2. Means for applying a vertical force on the protection structure, such as shown in figure 3 of Annex IV, including a stiff crushing beam with a width of 250 mm.
2.2.3. Equipment for measuring the total vertical force applied.
2.2.4. Means for proving that the zone of clearance has not been entered during the test. A rig according to figures 6a, 6b and 6c of Annex IV can be used.
2.3. Measurement tolerances
2.3.1. Dimensions: ± 3 mm.
2.3.2. Deflection: ± 3 mm.
2.3.3. Tractor mass: ± 20 kg.
2.3.4. Loads and forces: ± 2 %.
2.3.5. Direction of loading: deviation from horizontal and vertical directions specified in Annex III:
|
— |
at start of test, under zero load: ± 2°, |
|
— |
during test, under load: 10° above and 20° below the horizontal. These variations shall as far as possible be kept to a minimum. |
3. TESTS
3.1. General requirements
3.1.1. Sequence of tests
3.1.1.1. The sequence of tests shall be as follows:
|
3.1.1.1.1. |
Longitudinal loading (Annex III, point 1.2) For tractors with at least 50 % of the mass as defined in point 1.3 on the rear wheels the longitudinal loading shall be applied from the rear (case 1). For other tractors the longitudinal loading shall be applied from the front (case 2). |
|
3.1.1.1.2. |
First crushing test The first crushing test shall be applied at the same end of the protection structure as the longitudinal loading, i.e.:
|
|
3.1.1.1.3. |
Loading from the side (Annex III, point 1.3) |
|
3.1.1.1.4. |
Second crushing test The second crushing test shall be applied at the opposite end of the protection structure to the longitudinal loading, i.e.:
|
|
3.1.1.1.5. |
Second longitudinal loading (Annex III, point 1.7) A second longitudinal loading shall be applied to tractors fitted with a protection structure designed to be tilted when the direction of application of the longitudinal loading (see point 3.1.1.1.1) would not have tilted the protection structure. |
3.1.1.2. If, during the test, any part of the restraining equipment breaks or moves, the test shall be re-started.
3.1.1.3. No repairs or adjustments to the tractor or protection structure may be carried out during the tests.
3.1.2. Wheel track width
The wheels shall be removed or set at a track width setting which ensures that no interference can occur with the protection structure during the tests.
3.1.3. Removal of non-hazard creating components
All components of the tractor and protection structure which, as complete units, constitute protection for the driver — including weather protection — shall be supplied complete on a tractor for inspection.
The protection structure to be tested need not be fitted with front, side or rear windows of safety glass or similar material, or with any detachable panels, fittings and accessories, which have no function of structural strength and which cannot create a hazard in the event of overturning.
3.1.4. Instrumentation
The protection structure shall be instrumented with the necessary equipment to obtain the data required to draw the force-deflection diagram (see figure 4 of Annex IV). Total and permanent protection structure deflection shall be measured and noted for each stage of the test (see figure 5 of Annex IV).
3.1.5. Direction of loading
In the case of a tractor whose seat is not on the median plane of the tractor and/or non-symmetrical strength of the structure, the side loading shall be on the side most likely to lead to infringement of the zone of clearance during the tests (see also Annex III, point 1.3).
4. ACCEPTANCE CONDITIONS
4.1. A protection structure submitted for EC component type-approval shall be considered as having satisfied the strength requirements if after the tests it fulfils the following conditions:
|
4.1.1. |
No part of the zone of clearance as described in point 3.2 of Annex III has been entered by, or has been outside the protection of, the protection structure during the tests specified in points 1.2, 1.3, 1.5, 1.6 and, where appropriate, point 1.7 of Annex III. If an overload test has been carried out, the force applied when the specified energy is absorbed shall be greater than 0,8 of the maximum force occurring during both the main test and the overload test concerned (see figures 4b and 4c of Annex IV). |
|
4.1.2. |
During the tests the protection structure must not impose any constraint on the seat structure. |
|
4.1.3. |
At the point when the required energy level is attained in each of the specified horizontal loading tests, the force shall exceed 0,8 Fmax. |
4.2. In addition there shall be no other feature presenting a particular hazard to the driver, for example insufficient padding inside the roof or anywhere else where the driver’s head may strike.
5. TEST REPORT
5.1. The test report shall be attached to the EC component type-approval certificate referred to in Annex VII. The presentation of the report shall be as shown in Annex V. It shall include:
|
5.1.1. |
A general description of the protection structure’s shape and construction (see Annex V for the obligatory dimensions), including the provisions for normal entry, exit and escape; the provisions for the heating and ventilation system, and other accessories where these are available and where they could affect the zone of clearance or might create a hazard. |
|
5.1. |