EU Regulation on Motorcycle towing Trailers

The principle of freedom of movement prevailed in Spain!

The Spanish government finally complies with their obligation under EU legislation(*), to allow the circulation of motorcycles towing a trailer on their national territory. FEMA co-operated closely with the European Commission to force Spain respecting the principle of freedom of movement in the European Union.

Motorcyclists planning to ride through Spain on holidays this Summer will be pleased to know that they are now allowed to circulate in the country with their bike towing a trailer, without risking to be stopped at the border and refused to enter the country.

This is the result of a complaint introduced in 1998 by the European Commission against the Spanish government, with the active support and co-operation of FEMA, before the Court of Justice of the European Communities (EC). Indeed, Spain was in breach with the EC Treaty's articles on the free movement of persons and goods and the freedom to provide services. At last, a royal decree(**) was adopted earlier this year in order to repeal the total ban on using a motorcycle towing a trailer in the territory.

FEMA is still working on this issue, as some needless restrictions are linked to the circulation of motorcycles towing trailers. The most incredible one is that these vehicles can only circulate during daytime, and in conditions that guarantee good visibility… So when it's light and sunny! A discriminatory decrease of 10% of the maximum speed limit in traffic is also required. FEMA will strongly argue to have these senseless measures removed, because there is no safety evidence supporting them.

Motorcyclists travelling through Spain with their bike towing a trailer can contact the FEMA office to receive original text of this new Spanish law, in order to make sure that you are not stopped or fined at the border or on Spanish roads by police forces who would not be aware of this new regulation.


ENDS
Issued by Christina Gesios

(*) EU legislation related to the subject: Directive 97/24/EC of the European Parliament and of the Council of 17th June 1997 on certain components and characteristics of two or three-wheel motor vehicles. In other words, the EU Type-Approval Regulation, also known as "Multi-Directive"

(**) Royal Decree adopted by the Spanish authorities, nr 1428/2003 of 21st November 2003 approving the General Road Traffic Regulation in implementation of the Law on road traffic, motor vehicles and road safety of 2nd March 1990. This new General Road Traffic Regulation entered into force on 23rd January 2003. Original text (in Spanish) available on request.
Summary in English: the new regulation authorises motorcycles to tow trailers or sidecars only if they do not exceed 50% of the weight of the towing vehicle. The use of these trailers is also subject to certain conditions: they must be used during daylight and in conditions that guarantee good visibility, the speed of the motorcycle must be reduced by 10% compared with the speed limit, and these trailers may not in any circumstances be used to transport people.