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Document 01978L0932-20070101
Council Directive of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles (78/932/EEC)
Consolidated text: Council Directive of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles (78/932/EEC)
Council Directive of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles (78/932/EEC)
1978L0932 — EN — 01.01.2007 — 006.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL DIRECTIVE of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles (OJ L 325, 20.11.1978, p.1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 192 |
43 |
11.7.1987 |
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L 363 |
81 |
20.12.2006 |
Amended by:
L 291 |
17 |
19.11.1979 |
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L 302 |
23 |
15.11.1985 |
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C 241 |
21 |
29.8.1994 |
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(adapted by Council Decision 95/1/EC, Euratom, ECSC) |
L 001 |
1 |
.. |
L 236 |
33 |
23.9.2003 |
Corrected by:
COUNCIL DIRECTIVE
of 16 October 1978
on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles
(78/932/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 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 technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to head restraints;
Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers ( 4 ), as last amended by Directive 78/547/EEC ( 5 ), to be introduced in respect of each type of vehicle;
Whereas the common requirements for the interior parts of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats were laid down in Directive 74/60/EEC ( 6 ); whereas those for the internal fittings relating to the protection of the driver from the steering mechanism in the event of an impact were laid down in Directive 74/297/EEC ( 7 ); whereas those relating to the strength of the seats and their anchorages were laid down in Directive 74/408/EEC ( 8 ); whereas those relating to anchorages for safety belts were laid down in Directive 76/115/EEC ( 9 ); whereas those relating to safety belts and restraint systems were laid down in Directive 77/541/EEC ( 10 );
Whereas a harmonized component type-approval procedure for head restraints makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of head restraint; whereas the placing of an EEC component type-approval mark on all head restraints manufactured in conformity with the approved type obviates any need for technical checks on these head restraints in the other Member States;
Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by the Member States of checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall grant EEC component type-approval for any type of head restraint whether integrated or not in the seats of motor vehicles, which satisfies the construction and testing requirements laid down in Annexes I to V.
2. The Member State which has granted EEC component type-approval for the head restraints shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Article 2
Member States shall, for each type of head restraint which they approve pursuant to Article 1, issue, to the manufacturer, or to his authorized representative, an EEC 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 head restraints which have been type-approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit the placing on the market of head restraints on grounds relating to their construction 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 head restraints bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates and extension certificates completed for each type of head restraint which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of head restraints bearing the same 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 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 within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw component type-approval for a head restraint or prohibit its placing on the market or 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 7
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
Article 9
For the purposes of this Directive, ‘vehicle’ means any Category M1 motor vehicle (as defined in Annex I 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.
Article 10
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
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
This Directive is addressed to the Member States.
LIST OF ANNEXES
ANNEX I: |
Scope, definitions, application for EEC component type-approval, general specifications, tests and conformity of production (1) |
ANNEX II: |
Procedure for determining the ‘H’ point and the actual seat back angle and for verifying the relative positions of the R and H points and the relationship between the design seat back angle and the actual seat back angle |
ANNEX III: |
Determination of height and width of head restraints (1) |
ANNEX IV: |
Details of the lines drawn and measurements taken during test (1) |
ANNEX V: |
Test procedure for checking energy dissipation (1) |
ANNEX VI: |
EEC component type-approval mark |
ANNEX VII: |
EEC component type-approval certificate |
(1) The technical requirements of this Annex are similar to those of Regulation No 25 of the Economic Commission for Europe (E/ECE/324-E/ECE/TRANS/505 rev. 1/add. 24); the breakdown into sections is thus the same. Where a section of Regulation No 25 has no counterpart in the Annexes to this Directive, its number is give in brackets for the record. |
ANNEX I
SCOPE, DEFINITIONS, APPLICATION FOR EEC COMPONENT TYPE-APPROVAL, GENERAL SPECIFICATIONS, TESTS AND CONFORMITY OF PRODUCTION
1. SCOPE
1.1. |
This Directive applies to head restraints (head rests): — forming an integral part of the seatback, or — designed to be installed on the seat, of motor vehicles conforming to the definition given in Article 9 and intended for separate use, i.e. as individual equipment by adult occupants of forward-facing seats. |
2. DEFINITIONS
2.1. Vehicle type with regard to head restraints
‘Vehicle type with regard to head restraints’ means vehicles which do not differ in such essential respects as:
2.1.1. |
the lines and internal dimensions of the bodywork constituting the passenger compartment; and |
2.1.2. |
the types and dimensions of the seats. |
2.2. Head restraint
‘Head restraint’ means a device whose purpose is to limit the rearward displacement of the occupant's head in relation to his torso in order to reduce the danger of injury to the cervical vertebrae in the event of an accident. This device may or may not form an integral part of the seatback.
2.3. Type of seat
‘Type of seat’ means seats which do not differ in their dimensions, in their framework or in their padding, although they may differ in finish or colour.
2.4. Type of head restraint
‘Type of head restraint’ means head restraints which do not differ in their dimensions, in their framework or in their padding, although they may differ in finish, colour or covering.
2.5. H point
(see Annex II).
2.6. R point or seating reference point
(see Annex II).
2.7. Reference line r
‘Reference line r’ means a straight line which, either on a test manikin having the mass and dimensions of an average adult male or on a test manikin having identical characteristics, passes through the joint of the leg with the pelvis and the joint of the neck with the thorax. On the manikin referred to in Section 3 of Annex III to Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers ( 11 ), to which reference is made in Annex II to this Directive, the reference line is that shown in Figure 1 in the Appendix to Annex III to Directive 77/649/EEC.
2.8. Head line
‘Head line’ means a straight line passing through the centre of gravity of the head and through the joint of the neck with the thorax. When the head is at rest the head line is situated in the extension of the reference line.
3. APPLICATION FOR EEC COMPONENT TYPE-APPROVAL
3.1. |
The application for EEC component type-approval must be submitted by the holder of the trade name or mark of the seat or head restraint or by his authorized representative. |
3.2. |
It must be accompanied by the following documents in triplicate:
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3.3. |
The following must be submitted to the technical service responsible for conducting the component type-approval tests:
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3.4. |
The technical service responsible for conducting the component type-approval tests may request:
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4. MARKINGS
4.1. |
The devices submitted for component type-approval must:
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4.2. |
Where the head restraint forms an integral part of the seat, the markings referred to in 4.1.1 and 4.1.2 must be placed on the part of the seat which is used as a head restraint. |
(5.) |
6. |
GENERAL SPECIFICATIONS
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7. |
TESTS 7.1. Verification of the R point of the seat in which the head restraint is to be incorporated This point is verified in accordance with the requirements of Annex II. 7.2. Determination of the height of the head restraint
7.3. Determination of the width of the head restraint (see Annex III, Figure 2).
7.4. Determination of the effectiveness of the device
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8. |
CONFORMITY OF PRODUCTION
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(9.) |
10. |
INSTRUCTIONS With each model conforming to an approved type of head restraint, the manufacturer shall supply particulars of the types and characteristics of the seats for which the head restraint is approved and, where appropriate, the directions to the user of the head restraint on how to fit it correctly to the seats concerned. |
ANNEX II
PROCEDURE FOR DETERMINING THE ‘H’ POINT AND THE ACTUAL SEATBACK ANGLE AND FOR VERIFYING THE RELATIVE POSITIONS OF THE R AND H POINTS AND THE RELATIONSHIP BETWEEN THE DESIGN SEATBACK ANGLE AND THE ACTUAL SEATBACK ANGLE
Annex III to Directive 77/649/EEC shall be applicable.
ANNEX III
DETERMINATION OF HEIGHT AND WIDTH OF HEAD RESTRAINT
Figure 1
Figure 2
ANNEX IV
DETAILS OF LINES DRAWN AND MEASUREMENTS TAKEN DURING TEST
ANNEX V
TEST PROCEDURE FOR CHECKING ENERGY DISSIPATION
1. SETTING UP, TEST APPARATUS, RECORDING INSTRUMENTS AND PROCEDURE
1.1. Setting up
The head restraint must be fitted and tested on the seat of the vehicle for which it is intended. The seat must be firmly secured to the test bench so that it does not move under impact.
1.2. Test apparatus
1.2.1. |
This apparatus consists of a pendulum whose pivot is supported by ball-bearings and whose reduced mass ( 12 ) at its centre of percussion is 6·8 kg. The lower extremity of the pendulum consists of a rigid headform 165 mm in diameter whose centre is identical with the centre of percussion of the pendulum. |
1.2.2. |
The headform is fitted with two accelerometers and a speed-measuring device, all capable of measuring values in the direction of impact. |
1.3. Recording instruments
The recording instruments used must be such that measurements can be made with the following degrees of accuracy:
1.3.1. Acceleration:
— accuracy: ± 5 % of the real value,
— frequency response: up to 1 000 Hz
— cross-axis sensitivity: < 5 % of the lowest point on the scale.
1.3.2. Speed:
— accuracy: ± 2·5 % of the real value,
— sensitivity: 0·5 km/h.
1.3.3. Time recording:
— the instrumentation must enable the action to be recorded throughout its duration and readings to be made within one thousandth of a second,
— the beginning of the impact at the moment of first contact between the headform and the head restraint being tested is noted on the recordings used for analyzing the test.
1.4. Test procedure
1.4.1. |
The surface to be tested must be so placed that the pendulum will strike the surface perpendicular to the point concerned. |
1.4.2. |
The headform must strike the test item at a speed of 24·1 km/h this speed is achieved either by the mere energy of propulsion or by using an additional propelling device. |
2. RESULTS
In tests carried out by the above procedure, the deceleration of the headform must not exceed 80 g continuously for more than three milliseconds. The deceleration rate is taken as the average of the readings on the two decelerometers.
3. EQUIVALENT PROCEDURES
3.1. |
Equivalent test procedures are permitted on condition that the results required in Section 2 can be obtained. |
3.2. |
Responsibility for demonstrating the equivalence of a method other than that described in Section 1 rests with the person using such a method. |
ANNEX VI
EEC COMPONENT TYPE-APPROVAL MARK
1. GENERAL
1.1. |
The EEC component type-approval mark consists of:
|
1.2. |
The EEC component type-approval mark must be clearly legible and indelible. |
2. TWO EXAMPLES OF EEC COMPONENT TYPE-APPROVAL MARKS
2.1. Component type-approval mark of a head restraint which forms an integral part of the seat
The above component type-approval mark affixed to a head restraint or restraints forming an integral part of the seat or seats of a vehicle shows that the type of seat in question has been approved with regard to head restraints in the Netherlands (e4) under the number 2439.
2.2. EEC component type-approval mark of a head restraint which is not an integral part of a seat
The above component type-approval mark affixed to a head restraint shows that the head restraint in question has been granted EEC component type-approval, that it is a head restraint which is not an integral part of a seat and is approved in the Netherlands under the number 2439.
ANNEX VII
MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE
(Maximum format: A4 (210 × 297 mm))
( 1 ) OJ No C 82, 14. 4. 1975, p. 74.
( 2 ) OJ No C 76, 7. 4. 1975, p. 37.
( 3 ) OJ No C 263, 17. 11. 1975, p. 57.
( 4 ) OJ No L 42, 23. 2. 1970, p. 1.
( 5 ) OJ No L 168, 26. 6. 1978, p. 39.
( 6 ) OJ No L 38, 11. 2. 1974, p. 4.
( 7 ) OJ No L 165, 20. 6. 1974, p. 16.
( 8 ) OJ No L 221, 12. 8. 1974, p. 1.
( 9 ) OJ No L 24, 30. 1. 1976, p. 6.
( 10 ) OJ No L 220, 29. 8. 1977, p. 95.
( 11 ) OJ No L 267, 19. 10. 1977, p. 1.
( 12 ) The relationship of the reduced mass ‘mr’ of the pendulum to the total mass ‘m’ of the pendulum at a distance ‘a’ between the centre of percussion and the axis of rotation and at a distance ‘l’ between the centre of gravity and the axis of rotation is given by the formula:
·