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| 6th Report of Market Access Ombudsman Council (March 16, 2000) |
1. Complainant: US Embassy
2. Ministry concerned: Ministry of Construction, Ministry of Transport
3. Complaint:
(1) Reviewing maximum limits on the width of camper-trailers
In Japan, the Road Law and the Road Vehicle Act set the maximum width of vehicles at 2.5 meters. However, the width of most U.S.-made camper-trailers (predicated on obtaining a vehicle registration) currently exceeds the above maximum width by a few centimeters (2,540 mm-2,578 mm) and this width limitation constitutes a major barrier to imports of U.S.-made camper-trailers to Japan.
On the other hand, large buses and trucks when rear-view mirrors are installed on the outside of the vehicle body, exceed 2.5 meters in width and are sometimes nearly 3 meters wide. But if they are 2.5 meters or less in width when the mirrors are removed, the safety regulations for road vehicles treat them as under the width limit. Even though large buses and trucks nearly 3 meters wide are considered to be within the limit, camper-trailers exceeding the maximum width by a mere few centimeters are deemed to be over the limit, which is unreasonable.
Accordingly, even though camper-trailers may be more than 2.5 meters wide, if there are no problems with safety, as in the case of large trucks and buses mentioned above, measures should be taken to allow them to use Japanese roads without any restrictions whatsoever.
(2) Reviewing how the right-of way permit for special motor vehicles are handled
When vehicles exceed 2.5 meters in width, they are considered special motor vehicles and require the right-of-way permit for special motor vehicles. However, since camper-trailers are used infrequently, few such vehicles are currently in use in Japan and owners of camper-trailers close to 2.5 meters wide currently drive them after thoroughly checking that the roads they intend to use are sufficiently wide, and when the right-of-way permit for special motor vehicles are issued, the specific routes and time to be taken should be left to the responsibility of their users.
4. Corresponding Policy of the Ministries concerned:
(1) Reviewing maximum limits on the width of camper-trailers
Ministry of Construction
The width of roads is determined in anticipation of their use by vehicles with certain properties (2.5 meters is the width of the designed vehicle), and roads are designed to permit safe and smooth passage of vehicles. The maximum vehicle width set out in the Cabinet Order on Vehicle Restriction, is determined based on the properties of design vehicles. (Maximum vehicle width is the same as vehicle width set out in the Treaty on Road Transport.)
Accordingly, under present conditions it is not possible to raise the maximum vehicle width allowed and still ensure the safe and smooth ordinary passage of vehicles, as this would require extensive improvement involving road widening.
Methods for determining vehicle width rules under the safety regulations for road vehicle are no different than those of United States domestic laws. The viewpoint on vehicle width contained in the Cabinet Order on Vehicle Restrictions is within the provisions of this ordinance, provided that the vehicle load does not extend beyond the body of the vehicle.
Ministry of Transport
Unless restrictions are placed on vehicle width, in relation to roads, bridges, tunnels and so on, this will have a major impact on other transport, and accordingly, taking domestic road conditions into consideration, limits are placed on the width of vehicles that may operate on them ordinarily without restriction.
Rules on the width of vehicles set out in the "Dimensions and Weight of Vehicles for International Transport" in the Treaty on Road Transport are the same as well, and methods for regulating vehicle width are the same as in U.S. domestic law, so Japanese rules on vehicle width are not unusual in international terms.
Therefore, under current conditions, it is not possible to relax vehicle width requirements.
As the complainant pointed out, rearview mirrors are not included in the width of the vehicle, but in order to ensure safety, they are required to have a shock absorbing structure, so that they can fold back if they should come in contact with other transport.
(2) Reviewing how the right-of way permit for special motor vehicles are handled
Ministry of Construction
Even if a vehicle exceeds the maximum limits, the road administration may allow the vehicle to pass, under certain conditions, if the vehicle structure or load is of a special nature and this is considered unavoidable (Road Law, Article 47-2 paragraph 1). In the case of camper-trailers exceeding 2.5 meters in width, the vehicle structure is not specialized and it is therefore not subject to the above permission and cannot use the roads.
Ministry of Transport
In the case of vehicles requiring a width in excess of the regulations, so that their structure enables them to transport large or long loads which cannot be separated, the relaxation of the safety regulations of the Road Vehicle is allowed, but the approval is possible only when the load is large and the vehicle's structure makes approval unavoidable. In the case of vehicles like camper-trailers, however, which can certainly meet Japanese domestic regulations, relaxati on of the maintenance regulations cannot be allowed.
5. Remarks
The complainant is currently studying this matter.
6. Council member's comments
Regarding the width of camper-trailers, the Council member commented that "the complainant would probably be satisfied if a grace period of 3-4 years were allowed for vehicles exceeding the maximum width, after which width exceeding 2.5 meters would not be permitted." In reply, the ministries concerned said that "the measure described by the Council member is a possible alternative as a temporary measure when regulated dimensions are changed, but when regulated dimensions as in this case have been in effect for many years and are sufficiently well known, that does not constitute a reason for adopting such a measure.