25.5.89 Official Journal of the European Communities No L 142/3 COUNCIL DIRECTIVE of 27 April 1989 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles (89/338/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 7§ 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 Directive 85/3/EEC (*), as last amended by Directive 88/218/EEC (%), lays down certain weights and dimensions and other technical characteristics for certain road vehicles intended for the carriage of goods; Whereas certain weights and dimensions should also be fixed for other vehicles, including vehicles used for passenger transport, namely motor vehicles with two, three and four axles, including articulated buses, and combined vehicles with four axles; Whereas account must be taken of the equipment of the vehicle (twin tyres and air suspension or suspension recognized as being equivalent within the Community) in order to establish the maximum authorized weights for motor vehicles with three and four axles and for the tandem axles of motor vehicles; Whereas the condition of certain sections of the road network in Ireland and the United Kingdom does not at present permit the application of all the provisions of this Directive; whereas, therefore, the application of certain of these provisions in those two Member States should be postponed temporarily; whereas the Council, acting on a proposal from the Commission, is to set, no later than 1 July 1989, the date on which those derogations will cease to apply, (1) OJNoC90,11.9.1971,p. 25; 0] No C 16,18.1.1979, p. 3; O] No C 173, 2. 7. 1988, p. 12. (2) OJ No C 124,17. 12. 1971, p. 63; O] No C 144, 15. 6. 1981, p. 80; OJ No C 187, 18. 7. 1988, p. 209. (*) OJNoC61,10.6.1972,p. 5; 0] No C113,7. 5. 1980, p. 14; O] No C 208, 8. 8. 1988, p. 56. (*) O] No L 2,3.1. 1985, p. 14. (5) O] No L 98, 15. 4. 1988, p. 48. HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 85/3/EEC is hereby amended as follows: 1. Article 1 (1) (a) is replaced by the following: ‘(a) the dimensions of vehicles with at least four wheels and a maximum speed in excess of 25 kilometres per hour, intended to be used on the road for: — either the carriage of goods where their maximum laden weight is greater than 3,5 tonnes, — or passenger transport where they have more than nine seats, including the driver’s seat;’. 2. Article 2 is replaced by the following: ‘Article 2 For the purposes of this Directive: — “motor vehicle” shall mean any power-driven vehicle which travels on the road by its own means, — “trailer” shall mean any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods, — “semi-trailer” shall mean any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and constructed and equipped for the carriage of goods, — “combined vehicle” shall mean either: — aroad train consisting of a motor vehicle coupled to a trailer, or — an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer, — “thick-walled refrigerated vehicle” shall mean any vehicle whose fixed or movable superstructures are - specially equipped for the carriage of goods at controlled temperatures in accordance with classes B,