Safety rules for mobile work machinery circulating on public roads

KEY POINTS

Scope and application

The regulation lays down harmonised rules for the EU type-approval, EU individual approval and market surveillance of new non-road mobile machinery intended to circulate on public roads.

• It applies to ‘U-category’ vehicles — self-propelled machinery designed to perform work, with or without a driver, that circulates occasionally or regularly on public roads.
• It covers such mobile machinery if it is placed on the EU market from 29 January 2028 as:
  • new machinery made by a manufacturer established in the EU,
  • new or second-hand machinery imported from a third country.
• It does not apply to mobile machinery with a maximum design speed exceeding 40 km/h, machinery not exceeding 6 km/h, machinery with more than three seating positions, machinery primarily designed to transport persons, animals or goods, or machinery not falling within the scope of Regulation (EU) 2023/1230.

The regulation allows national approval and flexible treatment for certain categories such as prototypes, specialised vehicles (e.g. for firefighting, civil protection) and small series production (up to 70 units per type per year per EU Member State). However, as regards the aspects covered by the regulation, such categories of mobile machinery benefit from free movement only when they comply with the regulation.

Obligations of Member States

Member States must establish and notify competent authorities responsible for approvals and surveillance, ensure their resourcing and monitor the market for non-compliance. More specifically, they:

• must designate both approval authorities and market surveillance authorities, notify the European Commission and publish contact details;
• may not restrict the placing on the market nor impede compliant mobile machinery; as a derogation, however, they may restrict the circulation or registration of mobile machinery that poses specific risks due to its size or weight, in line with harmonised thresholds, or automated driving systems;
• must carry out regular surveillance activities and enforce this regulation in accordance with Regulation (EU) 2019/1020 (see summary).

Role of approval authorities

Approval authorities are responsible for granting approvals, verifying compliance, cooperating with other authorities and withdrawing approvals if risks arise. More specifically, they must:

• approve only machinery that complies with the regulation;
• ensure impartiality and coordination with surveillance authorities;
• share all relevant type-approval information to support market checks;
• review and withdraw approvals if serious risks or non-compliance issues are reported.

Obligations of manufacturers

Manufacturers must ensure that machinery placed on the market belongs to a type that has been granted an EU type-approval, and is designed and manufactured in accordance with the type, or has been granted an EU individual approval.

• As regards EU type-approved non-road mobile machinery, they must affix a statutory plate with marking and provide a certificate of conformity, by following the relevant templates specified in Commission Implementing acts.
• They must indicate the required contact details and supply user documentation in the relevant language of the Member State.
• They must include road-use-specific instructions in either paper or accessible electronic form, and clearly indicate how to access them if they are not provided physically.
• Non-EU manufacturers must appoint representatives in the EU.
• They must maintain conformity records and supporting documentation for 10 years and meet traceability obligations.
• They must take immediate corrective action if on-road safety risks or non-compliance issues arise, and notify users, competent authorities and relevant supply chain stakeholders.

Obligations of importers and distributors

Importers and distributors must ensure that machinery they place on the EU market is compliant, documented, traceable and safe.

• Importers must verify that machinery is approved, labelled and documented, and keep conformity records for 10 years.
• Distributors must check labels and documentation before sale and report any risks or non-compliance.
• Both must cooperate with authorities, support corrective actions and manage complaints or recalls.

Technical requirements for road circulation

Non-road mobile machinery must be designed to minimise safety risks to users, other road users and road infrastructure when circulating on public roads.

• The Commission is empowered to adopt delegated acts laying down detailed on-road safety rules, including test methods and procedures.
• The technical requirements cover areas such as braking, steering, field of vision, masses and dimensions, lighting, speed limitation and driver assistance systems.

EU type-approval procedure

Manufacturers (or their representatives) seeking EU type-approval must apply to a single Member State’s approval authority for each machinery type, providing technical documentation and undergoing compliance checks to obtain the approval.

• If a manufacturer is established outside the EU, they must appoint a single representative established within the EU to represent them before the approval authority.
• Only one application per machinery type is permitted, and approval remains valid unless withdrawn or rendered obsolete by new requirements.
• Approval authorities verify technical requirements and conformity of production, and issue an EU type-approval certificate using harmonised templates and numbering.
• Certificates of conformity must be issued for each approved machine free of charge, in paper or electronic format, and retained for 10 years; a statutory plate must be affixed to each machine, following a standard model to be adopted by 29 July 2027.
• Approved machinery must be accompanied by clear, accessible documentation, including user instructions relevant to road use, in the appropriate official language.
• Type-approvals may be revised or extended to reflect changes in design, regulatory requirements or production details.
• Manufacturers or their representatives may also apply for EU type-approval for machinery incorporating new technologies or concepts not yet covered by existing requirements, subject to Commission authorisation; provisional national approvals may be granted during the decision process and, if approved, such type-approvals are valid for at least 36 months and may include specific restrictions.

EU individual approval

An EU individual approval for non-road mobile machinery is granted only if the mobile machinery complies with the relevant requirements laid down in the regulation.

• An application must be submitted by the owner, the manufacturer, a representative who is established in the EU and appointed for that purpose by the manufacturer, or the importer of the non-road mobile machinery.
• Rules are to be specified in delegated acts and must consist of non-destructive and simplified procedures.

Market surveillance and safeguard measures

Authorities must monitor the market, act on serious risks or where the mobile machinery is not in conformity with requirements, and coordinate at the EU level where necessary:

• surveillance authorities may order corrective measures, recalls, bans or withdrawals;
• measures must be coordinated via EU systems such as the Information and Communication System on Market Surveillance and the Safety Gate rapid alert system;
• if corrective costs have already been incurred by owners, manufacturers must reimburse them up to the cost of the required repair.

Enforcement, penalties and review

Member States must establish effective, proportionate and dissuasive penalties by 28 January 2028, and the Commission must review the implementation of the regulation by 29 January 2033.

Links to other legislation

The regulation amends Regulation (EU) 2019/1020 and follows the structure of the EU type-approval framework for motor vehicles, Regulation (EU) 2018/858 (see summary) and Regulation (EU) No 167/2013 (see summary), among others.

Regarding market surveillance, the regulation follows some of the provisions of Regulation (EU) 2018/858 and as supplemented by Regulation (EU) 2019/1020.