Proposal for a regulation on pedestrian protection
THIS CONSULTATION IS NOW CLOSED - deadline for submission was Friday 22 July 2005
Stakeholder consultation on a preliminary draft proposal for a regulation on pedestrian protection
During 2001 the Commission successfully concluded negotiations with the associations representing the European, Japanese and Korean automobile manufacturers (ACEA, JAMA and KAMA), concerning a commitment by the industry to introduce measures to increase pedestrian protection.
As a result of a consultation document presented to them, both the European Parliament and the Council welcomed the main elements of the industry commitment as regards measures to improve the design of car fronts.
In view of the Council's unanimous backing of the industry commitments and the European Parliament's support of its contents, but at the same time its request for legislation in this area, a Directive on pedestrian protection, 2003/102/EC , was published in 2003.
Under the Directive, vehicles are required to pass a number of tests in two phases, phase I starting in 2005 and phase II starting in 2010. Within five years from the start of phase II all new vehicles will have to comply with the test requirements.
However, with a view to possible technological development in this area, the Directive foresees that alternative measures to the requirements of the phase II laid down in the proposal might be developed. It thus required, under Article 5, that a feasibility assessment be completed by 1 July 2004 concerning the proposed technical test provisions and other measures which potentially may have at least equal protective effects to those proposed.
The Directive provides that, should the feasibility assessment show that the technical feasibility of the requirements could be improved or that alternative measures have at least equal protective effects, the Commission will consider relevant proposals to amend the Directive.
The study required under the terms of the Directive has now been completed and the final reports have been received.
The reports provide certain recommendations for consideration with respect to the detailed requirements of the second phase of the Directive. It assesses up-to-date issues of research and discusses these with respect to these requirements. Also discussed are implications which the implementation of the present requirements may have for the construction of vehicles and their functionality and safety.
Issues with respect to the use of active safety systems, in this case brake assist, are also debated and the benefits assessed.
As a result of the recommendations made by the independent report and others it is now considered necessary to propose an amendment to the existing legislation. These recommendations are being made with a view to improving the feasibility of the requirements imposed and, at the same time, ensuring that the intended levels of safety provided to the vulnerable road user are continually improved.
The Commission now proposes a regulation [95 KB] which would incorporate all the present requirements contained in phase I and revised requirements for phase II as a result of the completed study.
In parallel with this, the Commission will propose an amendment to the Commission Decision 2004/90/EC containing the detailed requirement specifications.