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Document 02018R0858-20221206
Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)Text with EEA relevance
Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)Text with EEA relevance
02018R0858 — EN — 06.12.2022 — 003.002
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REGULATION (EU) 2018/858 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151 14.6.2018, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2019/2144 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2019 |
L 325 |
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16.12.2019 |
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COMMISSION DELEGATED REGULATION (EU) 2021/1445 of 23 June 2021 |
L 313 |
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6.9.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2236 of 20 June 2022 |
L 296 |
1 |
16.11.2022 |
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Corrected by:
REGULATION (EU) 2018/858 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 May 2018
on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation also lays down provisions for the placing on the market and the entry into service of parts and equipment that may pose a serious risk to the correct functioning of the essential systems of the vehicles referred to in Article 2(1).
Article 2
Scope
This Regulation does not apply to the following vehicles:
agricultural or forestry vehicles, as defined in Regulation (EU) No 167/2013 of the European Parliament and of the Council ( 1 );
two- or three-wheel vehicles and quadricycles, as defined in Regulation (EU) No 168/2013 of the European Parliament and of the Council ( 2 );
track-laying vehicles;
vehicles designed and constructed or adapted for use by the armed services only.
For the following vehicles, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation:
vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;
vehicles designed and constructed or adapted for use by civil protection, fire services and forces responsible for maintaining public order;
any self-propelled vehicle designed and constructed specifically to perform work and that, because of its construction characteristics, is not suitable for carrying passengers or for transporting goods, and that is not machinery mounted on a motor vehicle chassis.
Such approvals shall be without prejudice to the application of Directive 2006/42/EC of the European Parliament and of the Council ( 3 ).
For the following vehicles, the manufacturer may apply for individual vehicle approval under this Regulation:
vehicles intended exclusively for racing on roads;
prototypes of vehicles used on the road under the responsibility of a manufacturer to perform a specific test programme provided they have been specifically designed and constructed for that purpose.
Article 3
Definitions
For the purposes of this Regulation and the regulatory acts listed in Annex II, except as otherwise provided therein, the following definitions apply:
‘type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements;
‘EU type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of this Regulation;
‘national type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements laid down by the law of a Member State, the validity of such approval being restricted to the territory of that Member State;
‘type-approval certificate’ means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;
‘certificate of conformity’ means the document issued by the manufacturer which certifies that a produced vehicle conforms to the approved type of vehicle and complies with all regulatory acts that were applicable at the time of its production;
‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval or national individual vehicle approval;
‘whole-vehicle type-approval’ means the procedure whereby an approval authority certifies that an incomplete, complete or completed type of vehicle satisfies the relevant administrative provisions and technical requirements;
‘multi-stage type-approval’ means the procedure whereby one or more approval authorities certify that depending on its state of completion, an incomplete or completed type of vehicle satisfies the relevant administrative provisions and technical requirements;
‘step-by-step type-approval’ means the procedure consisting of the step-by-step collection of the whole set of EU type-approval certificates or UN type-approval certificates for the systems, components and separate technical units forming part of a vehicle, and which leads, in its final stage, to the whole-vehicle type-approval;
‘single-step type-approval’ means the procedure whereby an approval authority certifies, by means of a single operation, that a type of vehicle, system, component or separate technical unit as a whole satisfies the relevant administrative provisions and technical requirements;
‘mixed type-approval’ means a step-by-step type-approval for which one or more system type-approvals have been obtained during the final stage of the whole-vehicle type-approval, without the need to issue the EU type-approval certificates for those systems;
‘system type-approval’ means the procedure whereby an approval authority certifies that a type of system satisfies the relevant administrative provisions and technical requirements;
‘separate technical unit type-approval’ means the procedure whereby an approval authority certifies that a type of separate technical unit satisfies the relevant administrative provisions and technical requirements in relation to one or more specified types of vehicles;
‘component type-approval’ means the procedure whereby an approval authority certifies that a type of component independently of a vehicle satisfies the relevant administrative provisions and technical requirements;
‘vehicle’ means any motor vehicle or its trailer;
‘motor vehicle’ means any power-driven vehicle that is designed and constructed to be moved by its own means, that has at least four wheels, is complete, completed or incomplete, and has a maximum design speed exceeding 25 km/h;
‘trailer’ means any non-self-propelled vehicle on wheels designed and constructed to be towed by a motor vehicle, that can articulate at least around a horizontal axis perpendicular to the longitudinal median plane and around a vertical axis parallel to the longitudinal median plane of the towing motor vehicle;
‘system’ means an assembly of devices combined to perform one or more specific functions in a vehicle and that is subject to the requirements of this Regulation or any of the regulatory acts listed in Annex II;
‘component’ means a device that is intended to be part of a vehicle, that can be type-approved independently of a vehicle and that is subject to the requirements of this Regulation or any of the regulatory acts listed in Annex II where the specific regulatory act makes express provision to that effect;
‘separate technical unit’ means a device that is intended to be part of a vehicle that can be type-approved separately, but only in relation to one or more specified types of vehicle and that is subject to the requirements of this Regulation or any of the regulatory acts listed in Annex II where the specific regulatory act makes express provisions to that effect;
‘parts’ means goods used for the assembly, repair and maintenance of a vehicle, as well as spare parts;
‘equipment’ means goods other than parts that can be added to or installed on a vehicle;
‘spare parts’ means goods that are to be installed in or on a vehicle to replace original parts of that vehicle, including goods that are necessary for the use of a vehicle, with the exception of fuel;
‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval;
‘incomplete vehicle’ means any vehicle that must undergo at least one further stage of completion in order to meet the relevant technical requirements of this Regulation;
‘completed vehicle’ means a vehicle resulting from the multi-stage type-approval that meets the relevant technical requirements of this Regulation;
‘complete vehicle’ means a vehicle that does not need to be completed in order to meet the relevant technical requirements of this Regulation;
‘end-of-series vehicle’ means a vehicle that is part of a stock and that, due to the entry into force of new technical requirements against which it has not been type-approved, cannot or can no longer be made available on the market, registered or entered into service;
‘alternative-fuel vehicle’ means a vehicle designed to be capable of running on at least one type of fuel that is either gaseous at atmospheric temperature and pressure, or that is substantially derived from non-mineral oil;
‘vehicle produced in small series’ means a type of vehicle of which the number of units that are made available on the market, registered or entered into service do not exceed the quantitative annual limits laid down in Annex V;
‘special purpose vehicle’ means a vehicle of category M, N or O having specific technical features that enable it to perform a function that requires special arrangements or equipment;
‘type of vehicle’ means a particular group of vehicles that shares at least the features specified in Part B of Annex I, including a group of vehicles that contains variants and versions as referred to therein;
‘semi-trailer’ means a towed vehicle in which the axle, or axles are positioned behind the centre of gravity of the vehicle (when uniformly loaded), and which is equipped with a connecting device permitting horizontal and vertical forces to be transmitted to the towing vehicle;
‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components and separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union harmonisation legislation and do not endanger health, safety, the environment or any other aspect of public interest protection;
‘market surveillance authority’ means the national authority or authorities responsible for carrying out market surveillance on the territory of the Member State;
‘approval authority’ means the authority or authorities of a Member State, notified to the Commission by that Member State, with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;
‘national authority’ means an approval authority or any other authority involved in and responsible for market surveillance, border control or registration in a Member State in respect of vehicles, systems, components, separate technical units, parts or equipment;
‘technical service’ means an organisation or body designated by the approval authority as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections;
‘national accreditation body’ means a national accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008;
‘manufacturer’ means a natural or legal person who is responsible for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, for ensuring conformity of production and for market surveillance matters regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether or not that person is directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;
‘manufacturer's representative’ means any natural or legal person established in the Union who is duly appointed by the manufacturer to represent the manufacturer before the approval authority or the market surveillance authority and to act on the manufacturer's behalf in matters covered by this Regulation;
‘importer’ means a natural or legal person established in the Union who places on the market a vehicle, system, component, separate technical unit, part or equipment that has been manufactured in a third country;
‘distributor’ means a dealer or any other natural or legal person in the supply chain, other than the manufacturer or the importer, who makes available on the market a vehicle, system, component, separate technical unit, part or equipment;
‘economic operator’ means the manufacturer, the manufacturer's representative, the importer or the distributor;
‘independent operator’ means a natural or legal person, other than an authorised dealer or repairer, who is directly or indirectly involved in the repair and maintenance of vehicles, and include repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative-fuel vehicles; it also means authorised repairers, dealers and distributors within the distribution system of a given vehicle manufacturer to the extent that they provide repair and maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer's distribution system;
‘authorised repairer’ means a natural or legal person who provides repair and maintenance services for vehicles and who operates within the manufacturer's distribution system;
‘independent repairer’ means a natural or legal person who provides repair and maintenance services for vehicles and who does not operate within the manufacturer's distribution system;
‘vehicle repair and maintenance information’ means all information, including all subsequent amendments and supplements thereto, that is required for diagnosing, servicing and inspecting a vehicle, preparing it for road worthiness testing, repairing, re-programming or re-initialising of a vehicle, or that is required for the remote diagnostic support of a vehicle or for the fitting on a vehicle of parts and equipment, and that is provided by the manufacturer to his authorised partners, dealers and repairers or is used by the manufacturer for the repair and maintenance purposes;
‘vehicle on-board diagnostic (OBD) information’ means the information generated by a system that is on board a vehicle or that is connected to an engine, and that is capable of detecting a malfunction, and, where applicable, is capable of signalling its occurrence by means of an alert system, is capable of identifying the likely area of malfunction by means of information stored in a computer memory, and is capable of communicating that information off-board;
‘placing on the market’ means making available a vehicle, system, component, separate technical unit, part or equipment for the first time in the Union;
‘making available on the market’ means any supply of a vehicle, system, component, separate technical unit, part or equipment for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge;
‘entry into service’ means the first use, for its intended purpose, in the Union, of a vehicle, system, component, separate technical unit, part or equipment;
‘registration’ means an administrative authorisation for the entry into service in road traffic of an approved vehicle, involving the identification of the vehicle and the issuing to it of a serial number, known as the registration number, whether on a permanent or temporary basis;
‘virtual testing method’ means computer simulations, including calculations, to demonstrate that a vehicle, a system, a component or a separate technical unit fulfils the technical requirements of a regulatory act listed in Annex II without requiring the use of a physical vehicle, system, component or separate technical unit;
‘alternative requirements’ means administrative provisions and technical requirements that aim to ensure a level of functional safety, environmental protection and occupational safety that to the greatest extent practicable is equivalent to the level provided for by one or more of the regulatory acts listed in Annex II;
‘on-site assessment’ means a verification in the premises of a technical service or of one of its subcontractors or subsidiaries;
‘surveillance on-site assessment’ means a periodic routine on-site assessment that is neither the on-site assessment undertaken for the initial designation of the technical service or of one of its subcontractors or subsidiaries, nor the on-site assessment undertaken for the renewal of that designation;
‘date of manufacture of the vehicle’ means the date on which the manufacture of a vehicle was finalised in accordance with the approval obtained by the manufacturer.
Article 4
Vehicle categories
For the purposes of this Regulation, the following vehicle categories shall apply:
Category M consists of motor vehicles designed and constructed primarily for the carriage of passengers and their luggage, divided into:
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(i) |
Category M1 : motor vehicles with not more than eight seating positions in addition to the driver's seating position and without space for standing passengers, regardless of whether the number of seating positions is restricted to the driver's seating position; |
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(ii) |
Category M2 : motor vehicles with more than eight seating positions in addition to the driver's seating position and having a maximum mass not exceeding 5 tonnes, regardless of whether those motor vehicles have space for standing passengers; and |
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(iii) |
Category M3 : motor vehicles with more than eight seating positions in addition to the driver's seating position and having a maximum mass exceeding 5 tonnes, regardless of whether those motor vehicles have space for standing passengers; |
Category N consists of motor vehicles designed and constructed primarily for the carriage of goods, divided into:
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(i) |
Category N1 : motor vehicles with a maximum mass not exceeding 3,5 tonnes; |
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(ii) |
Category N2 : motor vehicles with a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes; and |
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(iii) |
Category N3 : motor vehicles with a maximum mass exceeding 12 tonnes; |
Category O consists of trailers, divided into:
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(i) |
Category O1 : trailers with a maximum mass not exceeding 0,75 tonnes; |
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(ii) |
Category O2 : trailers with a maximum mass exceeding 0,75 tonnes but not exceeding 3,5 tonnes; |
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(iii) |
Category O3 : trailers with a maximum mass exceeding 3,5 tonnes but not exceeding 10 tonnes; and |
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(iv) |
Category O4 : trailers with a maximum mass exceeding 10 tonnes. |
The Commission is empowered to adopt delegated acts in accordance with Article 82, amending Annex I in relation to the types of vehicle and types of bodywork to take account of technical progress.
CHAPTER II
GENERAL OBLIGATIONS
Article 5
Technical requirements
Vehicles, systems, components and separate technical units shall be considered not to comply with this Regulation in the following cases in particular:
if they deviate from the particulars in the EU type-approval certificates and their attachments or from the descriptive particulars in the test reports more than is permitted in the relevant regulatory act;
if the performance criteria or limit values for series production laid down in the relevant regulatory act have not been fulfilled under all the conditions set out in the relevant regulatory act;
if any information given by the manufacturer in the information document is not reproducible under all the conditions set out in the relevant regulatory act by approval authorities, market surveillance authorities or the Commission.
Only checks, tests, inspections and assessments conducted by or carried out on behalf of the approval authorities, market surveillance authorities or the Commission shall be taken into account when assessing compliance for the purposes of this paragraph.
Article 6
Obligations of Member States
That notification shall include the name of those authorities, their address, including their electronic address, and their areas of responsibility. The Commission shall publish on its website a list and contact details of the approval authorities and the market surveillance authorities.
Member States shall ensure that their own approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and that they each function independently from each other. Those authorities may be within the same organisation provided that their activities are managed autonomously as part of separate structures.
By way of derogation from the first subparagraph of this paragraph, Member States may decide not to allow the circulation on the road, the placing on the market, the registration or the entry into service of vehicles that have been type-approved in accordance with this Regulation, but that exceed the harmonised dimensions, weights and axle loads laid down in Annex I to Council Directive 96/53/EC ( 4 ).
The Member States shall make accessible to the public a summary of the results of periodic reviews and assessments.
The Member States shall report to the Commission and the Forum on how they address any recommendations referred to in Article 11(5) issued by the Forum.
The Member States shall make accessible to the public a summary of the results of periodic reviews and assessments.
The Member States shall report to the Commission and the Forum on how they address any recommendations referred to in Article 11(5) issued by the Forum.
Article 7
Obligations of approval authorities
Approval authorities shall cooperate efficiently and effectively, and shall share information relevant to their role and functions.
Article 8
Obligations of market surveillance authorities
When carrying out such checks, market surveillance authorities shall take account of:
established principles of risk assessment;
substantiated complaints; and
any other relevant information, including the information exchanged in the Forum and testing results published by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10).
Each test shall verify compliance with the applicable regulatory acts listed in Annex II.
Market surveillance authorities shall cooperate with economic operators regarding actions that could prevent or reduce the risks caused by vehicles, systems, components or separate technical units that those operators have made available on the market.
Article 9
Compliance verification by the Commission
The tests and inspections shall be performed, inter alia, by means of laboratory tests and on-road tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks.
When carrying out those tests and inspections, the Commission shall take account of:
established principles of risk assessment;
substantiated complaints; and
any other relevant information, including information exchanged in the Forum, testing results published by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10), information concerning new technologies on the market and reports resulting from on-road remote sensing.
The Commission may entrust the performance of tests or inspections to technical services, in which case, the technical service shall be acting on behalf of the Commission. Where the Commission entrusts the performance of tests or inspections to technical services for the purposes of this Article, the Commission shall ensure that the technical service that is used is not the same as the technical service that performed the original type-approval test.
Those tests and inspections may take place:
on new vehicles supplied by manufacturers or other economic operator, as provided for in paragraph 2;
on registered vehicles with the agreement of the holder of the vehicle registration certificate.
The Member States shall cooperate with the Commission when the Commission carries out the tests and inspections.
Such data shall include all parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing. The Commission shall adopt implementing acts specifying the data that are to be made available, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national law. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
Where the tests and inspections call into question the correctness of the type-approval itself, the Commission shall immediately inform the approval authority or authorities concerned as well as the Forum.
The Commission shall inform the relevant approval authorities and market surveillance authorities in order for them to take appropriate measures to alert users within the Union, within an adequate timeframe, of any non-compliance that it has identified in relation to any vehicle, system, component or separate technical unit so as to prevent or reduce the risk of injury or other damage.
The Commission shall make publicly available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and to the Forum. That report shall contain details of the vehicles, systems, components and separate technical units that were assessed and the identity of the manufacturer concerned, as well as a short description of the findings, including the nature of the non-compliance, if any.
Article 10
Assessments by the Commission
By way of derogation from the first subparagraph, the assessment of an approval authority may be less frequent if the Commission considers that the first assessment of that authority demonstrates that the procedures put in place ensure the effective application of this Regulation, taking into account the scope and range of EU type-approvals granted.
Article 11
Forum for Exchange of Information on Enforcement
The Forum shall be composed of representatives appointed by each Member State representing their approval authorities and market surveillance authorities.
Whenever appropriate, technical services, recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10), representatives of the European Parliament, of the industry and of the relevant economic operators, as well as of stakeholders involved in safety and environment matters, may be invited as observers to the Forum in accordance with the rules of procedures referred to in paragraph 7 of this Article.
The advisory tasks of the Forum shall have as their objective the promotion of best practices in order to facilitate the uniform interpretation and implementation of this Regulation, the exchange of information on enforcement problems, cooperation, in particular regarding the assessment, designation and monitoring of technical services, the development of working methods and tools, the development of an electronic information exchange procedure, and the evaluation of harmonised enforcement projects and penalties.
The Forum shall consider:
matters related to the uniform interpretation of the requirements laid down in this Regulation and in the regulatory acts listed in Annex II during implementation of those requirements;
the results of the activities relating to type-approval and market surveillance that were carried out by Member States in accordance with Article 6(8) and (9);
the results of tests and inspections carried out by the Commission in accordance with Article 9;
the assessments carried out by the Commission in accordance with Article 10;
test reports regarding possible non-compliance presented by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10);
the results of the conformity of production activities carried out by approval authorities in accordance with Article 31;
the information submitted by Member States under Article 67(6) on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services;
matters of general relevance with regard to the implementation of the requirements laid down in this Regulation in relation to the assessment, designation and monitoring of technical services in accordance with Articles 67(10) and 78(4);
infringements by economic operators;
implementation of the corrective or restrictive measures laid down in Chapter XI;
the planning, coordination and results of market surveillance activities;
matters regarding access to vehicle OBD information and vehicle repair and maintenance information set out in Chapter XIV and, in particular, matters regarding the implementation of the procedures established under Article 65.
When expressing an opinion or issuing recommendations the Forum shall endeavour to reach a consensus. If no such consensus can be reached, the Forum shall express its opinion or issue its recommendations by a simple majority of the Member States. Each Member State shall have one vote. Member States with diverging positions may request that their positions and the grounds on which they are based be recorded in the Forum's opinion or recommendations.
Article 12
Online data exchange
The Commission and Member States shall use the Rapid Information System (RAPEX), established under Directive 2001/95/EC of the European Parliament and of the Council ( 5 ) and the Information and Communication System on Market Surveillance (ICSMS), established under Regulation (EC) No 765/2008 for market surveillance, recalls and other relevant activities between market surveillance authorities, Member States and the Commission.
From 5 July 2026, Member States shall make accessible to the public the information contained in the certificate of conformity, excluding vehicle identification numbers, as structured data in electronic format in the common secure electronic exchange system, in accordance with Article 37.
The Commission shall adopt implementing acts establishing the format of, and the criteria for public access to, the information referred to in the first and second subparagraphs of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission shall adopt implementing acts establishing the format of, and the criteria for public access to, the information referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
Article 13
General obligations of manufacturers
In the case of multi-stage type-approval, manufacturers shall also be responsible for the approval and conformity of production of the systems, components or separate technical units that they have added at the stage of vehicle completion. Manufacturers who modify components, systems or separate technical units already approved at earlier stages shall be responsible for the type-approval and conformity of production of the modified components, systems or separate technical units. Manufacturers of the previous stage shall provide information to manufacturers of the subsequent stage regarding any change that may affect component type-approval, system type-approval or separate technical unit type-approval or the whole-vehicle type-approval. Such information shall be provided as soon as the new extension to the whole-vehicle type-approval has been granted and at the latest on the starting date of manufacture of the incomplete vehicle.
Manufacturers shall keep a record of such complaints, including for each complaint a description of the issue and the details needed to precisely identify the affected type of vehicle, system, component, separate technical unit, part or equipment, and, in the case of substantiated complaints, manufacturers shall keep their distributors and importers informed thereof.
For the purposes of the first subparagraph of this paragraph, the Commission shall adopt implementing acts specifying the data to be made available free of charge, as well as the requirements to be met by third parties to demonstrate their legitimate interest in the fields of public safety or environmental protection and their recourse to adequate testing facilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
Article 14
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk
The manufacturer shall immediately inform the approval authority that granted the type-approval in detail of the non-conformity and of any measures taken.
Manufacturers of a vehicle shall keep at the disposal of the approval authorities for a period of 10 years from the date of manufacture of the vehicle a copy of the certificates of conformity referred to in Article 36.
Manufacturers shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.
Article 15
Obligations of manufacturer's representatives
The manufacturer's representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall at least, provide for the representative to:
have access to the EU type-approval certificate and its attachments referred to in Article 28(1), and to the certificate of conformity in one of the official Union languages; such documentation shall be made available to the approval authorities and to the market surveillance authorities for a period of 10 years after the end of the validity of the EU type-approval of a vehicle and for a period of five years after the end of validity of the EU type-approval of a system, component or separate technical unit;
provide an approval authority, following a reasoned request from that authority, with all information, documentation and any other technical specifications, including access to software and algorithms, that are necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;
cooperate with the approval authorities or the market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
immediately inform the manufacturer about complaints and reports relating to risks, suspected incidents or non-compliance issues that relate to vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
have the right to terminate the mandate without penalty if the manufacturer acts contrary to its obligations under this Regulation.
The information to be provided shall specify at least:
the date of termination of the mandate;
the date until which the outgoing manufacturer's representative may be indicated in the information supplied by the manufacturer, including any promotional material;
the transfer of documents, including confidentiality aspects and property rights;
the obligation of the outgoing manufacturer's representative after the end of the mandate to forward to the manufacturer or incoming manufacturer's representative any complaints or reports about risks and suspected incidents relating to a vehicle, system, component, separate technical unit, part or equipment for which the outgoing manufacturer's representative had been designated as manufacturer's representative.
Article 16
Obligations of importers
In the case of a vehicle, the importer shall ensure that the vehicle is accompanied by the required certificate of conformity.
Article 17
Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk
Importers shall also inform the approval authorities and market surveillance authorities of any action taken and give details, in particular of the serious risk and of any measure taken by the manufacturer.
Importers shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.
Article 18
Obligations of distributors
Article 19
Obligations of distributors concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk
Distributors shall also inform them of any action taken and give details of any measure taken by the manufacturer.
Article 20
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Articles 8, 13 and 14, in the following cases:
where the importer or distributor makes available on the market, or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark, or modifies a vehicle, system, component or separate technical unit in such a way that the vehicle, system, component or separate technical unit may no longer comply with the applicable requirements; or
where the importer or distributor makes available on the market or is responsible for the entry into service of a system, component or separate technical unit on the basis of a UN type-approval that was granted to a manufacturer outside the Union, and it is not possible to identify a manufacturer's representative in the territory of the Union.
Article 21
Identification of economic operators
Upon a request of an approval authority or a market surveillance authority, for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
the identity of any economic operator that has supplied them with a vehicle, system, component, separate technical unit, part or equipment;
the identity of any economic operator to which they have supplied a vehicle, system, component, separate technical unit, part or equipment.
CHAPTER III
PROCEDURES FOR EU TYPE-APPROVAL
Article 22
Procedures for EU type-approval
Where applying for a whole-vehicle type-approval, the manufacturer may choose one of the following procedures:
step-by-step type-approval;
single-step type-approval;
mixed type-approval.
In addition, the manufacturer may choose a multi-stage type-approval for an incomplete or completed vehicle.
Multi-stage type-approval shall also apply to complete vehicles that have been converted or modified by another manufacturer after their completion.
Article 23
Application for EU type-approval
A new application may not be submitted in another Member State in respect of the same type of vehicle, system, component or separate technical unit where:
an approval authority has refused to grant a type-approval of that type;
an approval authority has withdrawn type-approval of that type; or
the manufacturer has revoked an application for a type-approval of that type.
The approval authority shall reject an application for a type-approval of a different type designation or of a modification with respect to a previous application where the changes are not sufficient to constitute a new type of vehicle, system, component or separate technical unit.
An application for an EU type-approval of a particular type of vehicle, system, component or separate technical unit shall include a declaration by the manufacturer certifying, in accordance with the second subparagraph of paragraph 2 that:
the manufacturer has not applied for an EU type-approval for the same type to any other approval authority, and no other approval authority granted the manufacturer such an approval;
no approval authority has refused to grant type-approval of that type;
no approval authority has withdrawn type-approval of that type; and
the manufacturer has not revoked an application for a type-approval of that type.
Article 24
Information folder
The information folder shall include the following:
an information document, in accordance with the template laid down in the implementing acts referred to in paragraph 4, for single-step type-approval or mixed whole-vehicle type-approval or for step-by-step whole-vehicle type-approval or, in the case of the type-approval of a system, component or separate technical unit, in accordance with the relevant regulatory act listed in Annex II;
all data, drawings, photographs and other relevant information;
for vehicles, an indication of the procedure or procedures chosen in accordance with Article 22(1);
any additional information requested by the approval authority in the context of the EU type-approval procedure.
Article 25
Additional information to be provided with an application for EU type-approval
In the case of a system type-approval, a component type-approval or a separate technical unit type-approval, pursuant to the regulatory acts listed in Annex II, the approval authority shall have access to the information folder and, if applicable, the EU type-approval certificates and their attachments until the whole-vehicle type-approval is either granted or refused.
For systems for which no EU type-approval certificate or UN type-approval certificate has been presented, the application shall be accompanied, in addition to the information folder referred to in Article 24, by the information required for the approval of those systems during the vehicle approval phase, and by a test report instead of the EU type-approval certificate or UN type-approval certificate.
An application for a multi-stage type-approval shall be accompanied by the following information:
in the first stage, by those parts of the information folder and the EU type-approval certificates, UN type-approval certificates or, if applicable, the test reports, that are relevant to the state of completion of the base vehicle;
in the second and subsequent stages, by those parts of the information folder and the EU type-approval certificates or UN type-approval certificates that are relevant to the current stage of completion, together with a copy of the EU whole-vehicle type-approval certificate that was issued at the preceding stage of construction, as well as full details of any changes or additions that the manufacturer has made to the vehicle.
The information specified in this paragraph shall be supplied in accordance with Article 24(3).
The approval authority and technical services may also require the manufacturer to supply documentation or any additional information needed to allow the approval authority or technical services to develop an appropriate level of understanding of the systems, including the system development process and the system concept, as well as the functions of software and algorithms that are necessary to verify compliance with the requirements of this Regulation, to take a decision on which tests are required or to facilitate the execution of those tests.
CHAPTER IV
CONDUCT OF PROCEDURES FOR EU TYPE-APPROVAL
Article 26
General provisions on conduct of procedures for EU type-approval
An approval authority, having received an application in accordance with Article 23, shall only grant an EU type-approval after having verified all of the following:
the conformity of production arrangements referred to in Article 31;
that the declaration referred to in Article 23(3) has been submitted;
the compliance of the type of vehicle, system, component or separate technical unit with the applicable requirements;
in the case of whole-vehicle type-approvals in accordance with the step-by-step, mixed or multi-stage type-approval procedures, the approval authority shall verify, in accordance with Article 22(4), that the systems, components and separate technical units are covered by separate and valid type-approvals that have been granted pursuant to the requirements applicable at the time of the granting of the whole-vehicle type-approval.
The Commission is empowered to adopt delegated acts in accordance with Article 82, amending Annexes III and IX to take into account regulatory and technological developments by updating the procedures therein with respect to EU type-approval and multi-stage type-approval.
The information package may be kept electronically. It shall contain an index that clearly indicates all of the pages and the format of each document, and that chronologically records any changes to the EU type-approval.
The approval authority shall keep the information package available for a period of 10 years after the end of the validity of the EU type-approval concerned.
The approval authority shall ask the approval authorities that granted type-approvals for the systems, components, or separate technical units, to act in accordance with Article 54(2).
Article 27
Notification of EU type-approval granted, amended, refused and withdrawn
Article 28
EU type-approval certificate
The EU type-approval certificate shall contain the following attachments:
the information package referred to in Article 26(4);
the test reports referred to in Article 30 in the case of a system, component or separate technical unit type-approval, or the test results sheet in the case of whole-vehicle type-approval;
in the case of the whole-vehicle type-approval, the name and the specimen of the signature of the person or persons authorised to sign the certificates of conformity and a statement of their position in the company;
in the case of the whole-vehicle type-approval, a filled-out specimen of the certificate of conformity of the vehicle type.
In respect of each type of vehicle, system, component and separate technical unit, the approval authority shall:
complete all the relevant sections of the EU type-approval certificate, including its attachments;
compile the index to the information package as referred to in Article 26(4);
issue the completed EU type-approval certificate and its attachments to the manufacturer without delay.
Article 29
Specific provisions concerning EU type-approvals for systems, components and separate technical units
In such cases, the EU type-approval certificate shall specify any restrictions on the use of the component or the separate technical unit, and shall indicate the special conditions for fitting that component or separate technical unit in a vehicle.
Where that component or separate technical unit is fitted in a vehicle, the approval authority shall verify, at the time of the approval of the vehicle, that the component or separate technical unit complies with all applicable restrictions on the use or conditions for fitting.
Article 30
Tests required for EU type-approval
Article 31
Conformity of production arrangements
In accordance with Annex IV, the approval authority shall take the necessary measures to carry out such checks or tests with the frequency set out in the regulatory acts listed in Annex II, or, if no frequency is specified in those acts, at least once every three years.
In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority or the technical services shall:
if a range of values is provided for in the test procedures laid down in the relevant regulatory acts listed in Annex II, set the values in a random manner within the provided range when carrying out checks or tests; and
have access to the software, algorithms, documentation and any additional information in accordance with Article 25(4).
Article 32
Fees
The Member State shall ensure that sufficient resources are available to cover the costs for market surveillance activities. Without prejudice to national law, those costs may be recovered by fees that can be levied by the Member State in which the vehicles are placed on the market.
CHAPTER V
AMENDMENTS TO AND VALIDITY OF EU TYPE-APPROVALS
Article 33
General provisions on amendments of EU type-approvals
The approval authority shall decide whether that change requires an amendment, in the form of either a revision or an extension of the EU type-approval in accordance with Article 34, or whether that change requires a new EU type-approval.
Article 34
Revisions and extensions of EU type-approvals
In such case, the approval authority shall issue the revised pages of the information package as necessary and without delay, marking each revised page to show clearly the nature of the change and the date of reissue, or it shall issue a consolidated, updated version of the information package, accompanied by a detailed description of the changes.
The amendment shall be designated an ‘extension’ where the approval authority finds that the particulars recorded in the information package have changed, and where any of the following apply:
further inspections or tests are required to verify continued compliance with the requirements upon which the existing EU type-approval has been based;
any information on the EU type-approval certificate, except for its attachments, has changed; or
new requirements under any regulatory act listed in Annex II become applicable to the approved type of vehicle, system, component or separate technical unit.
In the event of an extension, the approval authority shall issue an updated EU type-approval certificate without delay, which shall be denoted by an extension number that is incremented in accordance with the number of successive extensions already granted. That approval certificate shall clearly state the reason for the extension, the date of reissue and, where relevant, the period of validity.
Article 35
Termination of validity
Where the approval authority carries out the verification referred to in the first subparagraph of this paragraph, it is not necessary for the tests referred to in Article 30 to be repeated.
An EU type-approval shall become invalid in each of the following cases:
where new requirements applicable to the approved type of vehicle, system, component or separate technical unit become mandatory for the making available on the market, registration or entry into service and the EU type-approval cannot be extended on the grounds laid down in point (c) of Article 34(2);
where a verification carried out in accordance with paragraph 1 of this Article concludes that the vehicle does not comply with all the regulatory acts that are relevant to that type;
where the production of vehicles in conformity with the approved type of vehicle is definitively discontinued on a voluntary basis, which shall be deemed to have occurred where no vehicle of the type concerned has been produced in the previous two years; however, such type-approvals shall continue to be valid for the purpose of registration or entry into service as long as point (a) of this paragraph is not applicable;
where the EU type-approval has been withdrawn in accordance with Article 31(7);
where the validity of the EU type-approval certificate expires due to a restriction referred to in Article 39(6);
where the type-approval was found to be based on false declarations, falsified test results or where data were withheld which would have led to the refusal to grant the type-approval.
Within one month of receiving the notification referred to in the first subparagraph, the approval authority that granted the EU type-approval for the type of vehicle, system, component, or separate technical unit, shall inform the approval authorities of the other Member States accordingly.
In the case of vehicles, the communication referred to in the first subparagraph of this paragraph shall specify the date of manufacture and the vehicle identification number (‘VIN’), as defined in point (2) of Article 2 of Commission Regulation (EU) No 19/2011 ( 6 ), of the last vehicle produced.
CHAPTER VI
CERTIFICATE OF CONFORMITY AND MARKINGS
Article 36
Certificate of conformity in paper format
The certificate of conformity in paper format shall describe the main characteristics of the vehicle, as well as its technical performance in concrete terms. The certificate of conformity in paper format shall include the date of manufacture of the vehicle. The certificate of conformity in paper format shall be designed in such a way as to prevent forgery.
The certificate of conformity in paper format shall be delivered free of charge to the buyer, together with the vehicle. Its delivery may not be made dependent on an explicit request or on the submission of additional information to the manufacturer.
The Commission shall adopt implementing acts concerning the certificate of conformity in paper format, setting out, in particular:
the template for the certificate of conformity;
the security elements to prevent forgery of the certificate of conformity; and
the specification concerning the manner of signing of the certificate of conformity.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2). The first such implementing act shall be adopted before 1 September 2020.
Article 37
Certificate of conformity in electronic format
Taking into account the data that are required to be provided on the certificate of conformity in paper format, the Commission shall adopt implementing acts concerning certificates of conformity as structured data in electronic format setting out, in particular:
the basic format and structure of the data elements of the certificates of conformity in electronic format and the messages used in the exchange;
minimum requirements for secure data exchange, including the prevention of data corruption and data misuse, and measures to guarantee the authenticity of the electronic data, such as the use of digital signature;
the means of exchange of the data of the certificate of conformity in electronic format;
the minimum requirements for a vehicle-specific unique identifier and the form of information for the buyer in accordance with paragraph 5;
the read-only access referred to in paragraph 5;
exemptions for manufacturers of particular vehicle categories and types of vehicle that are produced in small series.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2). The first such implementing act shall be adopted before 1 September 2020.
Article 38
Manufacturer's statutory and additional plates, markings and type-approval mark of components and separate technical units
Where no such type-approval mark is required, the manufacturer shall affix at least the trade name or trade mark of the manufacturer, as well as the type number or an identification number, to the component or separate technical unit.
CHAPTER VII
NEW TECHNOLOGIES OR NEW CONCEPTS
Article 39
Exemptions for new technologies or new concepts
The approval authority shall grant the EU type-approval referred to in paragraph 1 where all of the following conditions are met:
the application for the EU type-approval states the reasons why the new technologies or new concepts make the vehicles, systems, components or separate technical units incompatible with one or more regulatory acts listed in Annex II;
the application for the EU type-approval describes the safety and environmental implications of the new technology or new concept and the measures taken in order to ensure at least an equivalent level of safety and environmental protection to that provided by the requirements in respect of which an exemption is sought;
test descriptions and results are presented proving that the condition in point (b) is met.
The Commission shall adopt implementing acts to decide whether to grant the authorisation referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The provisional nature and the limited territorial validity of the EU type-approval shall be apparent from the heading of the EU type-approval certificate and the heading of the certificate of conformity.
However, vehicles that have been manufactured in conformity with the provisional EU type-approval before it ceased to be valid may be placed on the market, be registered or enter into service in any Member State that has accepted the provisional EU type-approval in accordance with paragraph 5.
Article 40
Subsequent adaptation of regulatory acts
Where the exemption under Article 39 relates to a UN Regulation, the Commission shall make proposals to amend the relevant UN Regulation in accordance with the procedure applicable under the Revised 1958 Agreement.
CHAPTER VIII
VEHICLES PRODUCED IN SMALL SERIES
Article 41
EU type-approval of vehicles produced in small series
Article 42
National type-approval of vehicles produced in small series
Article 43
Validity of a national type-approval of vehicles produced in small series
The national authority of the other Member State shall permit the placing on the market, registration or entry into service of such vehicle, unless it has reasonable grounds to believe that the national technical requirements in accordance with which the type of vehicle has been approved are not equivalent to its own.
CHAPTER IX
INDIVIDUAL VEHICLE APPROVALS
Article 44
EU individual vehicle approvals
This Chapter shall not apply to incomplete vehicles.
Article 45
National individual vehicle approvals
Article 46
Validity of national individual vehicle approvals
Article 47
Specific provisions
CHAPTER X
MAKING AVAILABLE ON THE MARKET, REGISTRATION OR ENTRY INTO SERVICE
Article 48
Making available on the market, registration or entry into service of vehicles other than end-of-series vehicles
Registration and entry into service of incomplete vehicles may be refused as long as the vehicles remain incomplete. Registration and entry into service of incomplete vehicles shall not be used to circumvent the application of Article 49.
Article 49
Making available on the market, registration or entry into service of end-of-series vehicles
The first subparagraph shall apply only to vehicles within the territory of the Union which were covered by a valid EU type-approval at the time of their production and which had not been registered or entered into service before that EU type-approval lost its validity.
The Member States concerned shall decide, within three months of receiving such a request, whether to permit the registration or the entry into service of those vehicles within their territory, and if so, the number of such vehicles.
Article 50
Making available on the market or entry into service of components and separate technical units
CHAPTER XI
SAFEGUARD CLAUSES
Article 51
National evaluation regarding vehicles, systems, components and separate technical units suspected of presenting a serious risk or non-compliance
Where, based on their own market surveillance activities, or based on information provided by an approval authority or a manufacturer or based on complaints, the market surveillance authorities of one Member State have sufficient reasons to believe that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or does not comply with the requirements laid down in this Regulation, they shall evaluate the vehicle, system, component or separate technical unit concerned with respect to the relevant requirements laid down in this Regulation. The relevant economic operators and the relevant approval authorities shall cooperate fully with the market surveillance authorities, which shall include forwarding the results of all relevant checks or tests performed in accordance with Article 31.
Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the vehicle, system, component or separate technical unit concerned.
Article 52
National procedures for dealing with vehicles, systems, components and separate technical units presenting a serious risk or non-compliance
Economic operators shall, in accordance with the obligations set out in Articles 13 to 21, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that they have placed on the market, registered or entered into service in the Union.
Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the first subparagraph of this paragraph.
Article 53
Corrective and restrictive measures at Union level
The information provided shall include all available details, in particular the data necessary for the identification of the concerned vehicle, system, component or separate technical unit, its origin, the nature of the alleged non-compliance and the risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward by the relevant economic operator.
The Member State that takes the corrective or restrictive measure shall also indicate whether the risk or the non-compliance is due to the following:
the failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, to the protection of the environment or to other aspects of the protection of public interests covered by this Regulation; or
shortcomings in the relevant regulatory acts listed in Annex II.
On the basis of the consultation referred to in the first subparagraph of this paragraph, the Commission shall adopt implementing acts to decide on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission shall immediately communicate the decision referred to in the second subparagraph to the relevant economic operator or operators. Member States shall implement such acts without delay and shall inform the Commission accordingly.
Where the Commission considers that a notified national measure is unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in the second subparagraph.
On the basis of consultation referred to in the first subparagraph of this paragraph, the Commission shall adopt implementing acts to decide on corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission shall immediately communicate the decision referred to in the second subparagraph to the relevant economic operator or operators. Member States shall implement such acts without delay and shall inform the Commission accordingly.
Where the risk or non-compliance is attributed to shortcomings in regulatory acts listed in Annex II, the Commission shall propose appropriate measures as follows:
where legal acts of the Union are concerned, the Commission shall propose the necessary amendments to the acts concerned;
where UN Regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UN Regulations in accordance with the procedure applicable under the Revised 1958 Agreement.
Article 54
Non-compliant EU type-approval
The Commission shall immediately communicate the decision referred to in the first subparagraph to the relevant economic operators. The Member States shall implement such acts without delay and shall inform the Commission accordingly.
On the basis of consultations referred to in the first subparagraph of this paragraph the Commission shall adopt an implementing act to decide on the refusal of the recognition of type-approval referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
Article 55
Placing on the market and entry into service of parts or equipment that may pose a serious risk to the correct functioning of essential systems
Those requirements may be based on the regulatory acts listed in Annex II or may consist of a comparison of the environmental or safety performance of the parts or equipment with the environmental or safety performance of the original parts or equipment, as appropriate. In either case, the requirements shall ensure that the parts or equipment do not impair the functioning of the systems that are essential for the safety of the vehicle or for its environmental performance.
The Commission is empowered to adopt delegated acts in accordance with Article 82, amending Annex VI to take account of technical and regulatory developments by laying down and updating the list of parts or equipment on the basis of an evaluation of the following:
the extent to which there exists a serious risk to the safety or environmental performance of vehicles that are fitted with the parts or equipment in question;
the potential effect on consumers and aftermarket manufacturers of a possible authorisation of the parts or equipment under Article 56(1).
For the purposes of this Article, original parts or equipment means parts or equipment that are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the assembly of the vehicle in question.
Article 56
Related requirements for parts or equipment that may pose a serious risk to the correct functioning of essential systems
The approval authority shall authorise the placing on the market and the entering into service of the parts or equipment where it finds, taking into account the test report referred to in paragraph 1 of this Article and other evidence, that the parts or equipment in question comply with the requirements referred to in Article 55(3).
The approval authority shall issue to the manufacturer an authorisation certificate without delay.
The Commission shall adopt implementing acts laying down the template and the numbering system for the authorisation certificate referred to in the third subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The manufacturer shall ensure that the parts or equipment are produced and continue to be produced under the conditions under which the authorisation has been issued.
Where the approval authority finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authorisation.
CHAPTER XII
INTERNATIONAL REGULATIONS
Article 57
UN Regulations required for EU type-approval
Those delegated acts shall specify the dates from which that UN Regulation or amendments are to be compulsory, and shall include transitional provisions, where appropriate, and, where applicable for the purposes of EU type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units.
Article 58
Equivalence of UN Regulations for the purpose of EU type-approval
CHAPTER XIII
PROVISION OF TECHNICAL INFORMATION
Article 59
Information intended for users
Article 60
Information intended for manufacturers
Manufacturers of vehicles may impose a binding agreement on the manufacturers of systems, components, separate technical units, parts or equipment to protect the confidentiality of any information that is not in the public domain, including information related to intellectual property rights.
CHAPTER XIV
ACCESS TO VEHICLE OBD INFORMATION AND VEHICLE REPAIR AND MAINTENANCE INFORMATION
Article 61
Manufacturers' obligations to provide vehicle OBD information and vehicle repair and maintenance information
Manufacturers shall provide a standardised, secure and remote facility to enable independent repairers to complete operations that involve access to the vehicle security system.
The vehicle OBD information and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available information technology tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain.
However, in the following cases, it shall be sufficient that the manufacturer provides the required information promptly in an easily accessible manner when an independent operator so requests:
for vehicle types covered by a national type-approval of vehicles produced in small series as referred to in Article 42;
for special purpose vehicles;
for vehicle types of categories O1 and O2 that do not use diagnostic tools or a physical or wireless communication with the on-board electronic control unit or units for the purpose of diagnostics or reprogramming of their vehicles;
for the final stage of type-approval in a multi-stage type-approval procedure, where the final stage only covers bodywork which does not contain electronic vehicle control systems, and all electronic vehicle control systems of the base vehicle remain unchanged.
Manufacturers shall make any subsequent amendments and supplements to vehicle OBD information and vehicle repair and maintenance information available on their websites at the same time they are made available to authorised repairers.
Article 62
Obligations with regard to holders of several type-approvals
Article 63
Fees for access to vehicle repair and maintenance information
In addition to time-based access, manufacturers may offer transaction-based access for which fees are charged per transaction and not based on the duration for which access is granted.
Where the manufacturer offers both systems of access, independent repairers shall choose systems of access, which may be either time-based or transaction-based.
Article 64
Proof of compliance with vehicle OBD information and repair and maintenance information obligations
Article 65
Compliance with the obligations regarding access to vehicle OBD information and vehicle repair and maintenance information
Those measures may include the withdrawal or suspension of the type-approval, fines or other measures adopted pursuant to Article 84.
Article 66
Forum on Access to Vehicle Information
It shall carry out its activities in accordance with Annex X to this Regulation.
The Commission may decide to keep the discussions and findings of the Forum on Access to Vehicle Information confidential.
CHAPTER XV
ASSESSMENT, DESIGNATION, NOTIFICATION AND MONITORING OF TECHNICAL SERVICES
Article 67
Type-approval authority responsible for technical services
Peer evaluations shall cover the assessments of the entire or partial operations of technical services that have been carried out by type-approval authorities in accordance with Article 73(4), including the competence of the personnel, the correctness of the test and inspection methodology and the correctness of test results based on a defined scope of regulatory acts listed in Part I of Annex II.
Activities related to the assessment and monitoring of technical services that only deal with national individual approvals that were granted in accordance with Article 45 or with national type-approvals of vehicles produced in small series that were granted in accordance with Article 42 are exempted from peer evaluations
Any assessment of accredited technical services by type-approval authorities shall be exempt from peer evaluations.
The Commission may adopt implementing acts laying down the model for the provision of information on the procedures of the Member States referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission may decide to participate in the peer-evaluation team on the basis of a risk assessment analysis.
The peer-evaluation shall be carried out under the responsibility of the approval authority that is subject to evaluation, and shall include a visit to the premises of a technical service selected at the discretion of the peer-evaluation team.
Type-approval authorities that are not subject to peer-evaluation in accordance with paragraph 3 shall not be included in any of the activities related to the peer-evaluation team.
Article 68
Designation of technical services
The type-approval authorities shall designate technical services for one or more of the following categories of activities, depending on their field of competence:
category A: tests referred to in this Regulation and in the regulatory acts listed in Annex II that technical services carry out in their own facilities;
category B: the supervision of the tests, which includes test preparation, referred to in this Regulation and in the regulatory acts listed in Annex II, where such tests are performed at the manufacturer's facilities or at the facilities of a third party;
category C: the assessment and monitoring on a regular basis of the procedures of the manufacturer for controlling the conformity of production;
category D: the supervision or performance of tests or inspections for the surveillance of the conformity of production.
Article 69
Independence of the technical services
An organisation or body that belongs to a trade association or to a professional federation representing undertakings that are involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses, tests or inspects, may be considered as fulfilling the requirements of the first subparagraph, provided that its independence and the absence of any conflict of interest are demonstrated to the type-approval authority of the relevant Member State.
Article 70
Competence of the technical services
A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 68(1). It shall demonstrate to the type-approval authority or to the national accreditation body carrying out the assessment or monitoring of that technical service that it satisfies all of the following conditions:
its personnel have the appropriate skills, the specific technical knowledge, the vocational training and sufficient and appropriate experience to perform the activities for which it is applying to be designated;
it possesses descriptions of the procedures relevant for the performance of the activities for which it is applying to be designated, taking due account of the degree of complexity of the technology of the relevant vehicle, system, component or separate technical unit in question, as well as the mass or serial nature of the production process. The technical service shall demonstrate the transparency and reproducibility of those procedures;
it has the necessary means to perform the tasks connected with the category or categories of activities for which it is applying to be designated, and it has access to all necessary equipment or facilities.
Article 71
Subsidiaries of and subcontracting by technical services
Article 72
In-house technical service of the manufacturer
An in-house technical service referred to in paragraph 1 shall comply with the following requirements:
it has been accredited by a national accreditation body and complies with the requirements laid down in Appendices 1 and 2 to Annex III;
the in-house technical service, including its personnel, is organisationally identifiable and has reporting methods within the manufacturer's company of which they form part that ensures its impartiality and demonstrates that impartiality to the relevant type-approval authority and to the national accreditation body;
neither the in-house technical service nor its personnel is engaged in any activity that might conflict with its independence or with its integrity to perform the activities for which it has been designated;
it supplies its services only to the manufacturer's company of which it forms part.
Article 73
Assessment and designation of technical services
Where the technical service applies to be designated in a Member State other than the Member State of its establishment, one of the representatives of the joint assessment team shall be from the type-approval authority of the Member State of its establishment, unless that type-approval authority decides against participating in the joint assessment team.
The joint assessment team shall participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of the Member State in which the applicant technical service has requested to be designated shall give the joint assessment team all necessary assistance and provide timely access to all documentation necessary to assess the applicant technical service.
Article 74
Notification to the Commission concerning designation of technical services
Such notification shall be made before the designated technical service concerned conducts any activity referred to in Article 68(1).
Article 75
Changes to and renewal of designations of technical services
The type-approval authority shall immediately notify to the Commission and the type-approval authorities of the other Member States any restriction, suspension or withdrawal of a designation.
The Commission shall update the list referred to in Article 74(3) accordingly.
Within two months after having notified the changes to the designation, the type-approval authority shall submit a report on its findings regarding the non-compliance to the Commission and the other type-approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the type-approval authorities concerned to suspend or withdraw within a reasonable period of time, any EU type-approval certificates which were unduly issued.
Extensions of the scope of a technical service's designation only for the regulatory acts listed in Annex II may be carried out in accordance with the procedures laid down in Appendix 2 to Annex III, and subject to the notification referred to in Article 74.
Article 76
Monitoring of technical services
The first subparagraph of this paragraph shall not apply to any activities of technical services which are monitored by accreditation bodies in accordance with Article 67(1) for the purposes of ensuring compliance with the requirements laid down in Articles 68 to 72, in Articles 80 and 81 and in Appendix 2 to Annex III.
Technical services shall supply on request all relevant information and documents that are required to enable the designating type-approval authority or national accreditation body to verify compliance with those requirements.
Technical services shall inform the designating type-approval authority or national accreditation body without delay of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 68 to 72, in Articles 80 and 81 and in Appendix 2 to Annex III, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated.
Where that type-approval authority acknowledges a legitimate reason, it shall inform the Commission thereof.
The Commission shall consult the Member States without delay. On the basis of that consultation, the Commission shall adopt implementing acts to decide if the legitimate reason is justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The technical service and the designating type-approval authority may request that any information that is transmitted to the type-approval authority of another Member State or to the Commission shall be treated confidentially.
Within two months after finalising the assessment of the technical service, each Member State shall report to the Commission and to the other Member States on its monitoring activities. Those reports shall contain a summary of the assessment, which shall be made publicly available.
Article 77
Challenge to the competence of technical services
The Commission shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds for considering that a type-approval has been granted on the basis of false data, that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type-approval.
The Commission shall request that Member State to take restrictive measures, including the restriction, suspension or withdrawal of the designation, where necessary.
Where a Member State fails to take the necessary restrictive measures, the Commission may adopt implementing acts to decide to restrict, suspend or withdraw the designation of the technical service concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2). The Commission shall notify the Member State concerned of those implementing acts and shall update the information published referred to in Article 74(3) accordingly.
Article 78
Exchange of information on assessment, designation and monitoring of technical services
The exchange of information shall be coordinated by the Forum.
Article 79
Cooperation with national accreditation bodies
Article 80
Operational obligations of technical services
At all times, technical services shall:
allow the designating type-approval authority to witness the performance of the technical service during testing for type-approval; and
where requested, provide the designating type-approval authority with information on the categories of activities for which they have been designated.
Article 81
Information obligations of technical services
Technical services shall inform the designating type-approval authority of the following:
any non-conformity encountered which may require the refusal, restriction, suspension or withdrawal of a type-approval certificate;
any circumstances affecting the scope of and conditions for their designation;
any request for information which they have received from market surveillance authorities regarding their activities.
CHAPTER XVI
DELEGATED AND IMPLEMENTING POWERS
Article 82
Exercise of the delegation
Article 83
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
CHAPTER XVII
FINAL PROVISIONS
Article 84
Penalties
The types of infringements by economic operators and technical services subject to penalties shall be at least the following:
making false declarations during approval procedures or corrective or restrictive measures being imposed in accordance with Chapter XI;
falsifying test results for type-approval or for market surveillance;
withholding data or technical specifications that could lead to the recall of vehicles, systems, components and separate technical units, or to the refusal or withdrawal of EU type-approval certificate;
non-compliance by technical services in respect of the requirements for their designation.
In addition to the types of infringements set out in paragraph 2, the types of infringements by economic operators that are also subject to penalties shall be at least the following:
refusing to provide access to information;
making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents, certificates of conformity, statutory plates or approval marks with that intention.
Article 85
Administrative fines in support of corrective and restrictive measures at Union level
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 84 for the same infringement. The administrative fines imposed by the Commission shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
The Commission may not bring, start afresh or continue proceedings under this Article against economic operators for infringements of this Regulation for which the concerned economic operators have been penalised or declared not liable in accordance with Article 84 by an earlier decision that can no longer be challenged.
The delegated acts referred to in paragraph 2 shall respect the following principles:
the procedure by the Commission shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;
in calculating the appropriate administrative fine, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and the effects of the infringement, the good faith of the economic operator, the degree of diligence and cooperation of the economic operator, the repetition, frequency or duration of the infringement as well as prior sanctions imposed on the same economic operator;
administrative fines shall be collected without undue delay by fixing deadlines for the payment and, as appropriate, including the possibility of splitting payments into several instalments and phases.
Article 86
Amendments to Regulation (EC) No 715/2007
Regulation (EC) No 715/2007 is amended as follows:
The title is replaced by the following:
‘Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6)’;
in Article 1, paragraph 2 is replaced by the following:
in Article 3, points 14 and 15 are deleted;
Chapter III is deleted;
in Article 13(2), point (e) is deleted.
Article 87
Amendments to Regulation (EC) No 595/2009
Regulation (EC) No 595/2009 is amended as follows:
The title is replaced by the following:
‘Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC’;
in Article 1, second paragraph is replaced by the following:
‘This Regulation also lays down rules for in-service conformity of vehicles and engines, the durability of pollution control devices, vehicle on-board diagnostic (OBD) systems and the measurement of fuel consumption and CO2 emissions.’;
in Article 3, points 11 and 13 are deleted;
Article 6 is deleted;
in Article 11(2), point (e) is deleted.
Article 88
Repeal of Directive 2007/46/EC
Directive 2007/46/EC is repealed with effect from 1 September 2020.
References to Directive 2007/46/EC shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in point 3 of Annex XI to this Regulation.
Article 89
Transitional provisions
The designation of technical services already designated before 4 July 2018 shall be renewed by 5 July 2022 where those technical services comply with the relevant requirements set out in this Regulation.
The validity of the designation of technical services made before 4 July 2018 shall terminate by 5 July 2022.
Article 90
Reporting
Article 91
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 September 2020.
However, from 5 July 2020, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation, if a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
LIST OF ANNEXES
|
Annex I |
General definitions, criteria for vehicle categorisation, types of vehicle and types of bodywork |
|
Appendix 1: |
Procedure for checking whether a vehicle can be categorised as off-road vehicle |
|
Appendix 2: |
Digits used to supplement the codes to be used for various kinds of bodywork |
|
Annex II |
Requirements for the purpose of EU type-approval of vehicles, systems, components or separate technical units |
|
Part I |
Regulatory acts for EU type-approval of vehicles produced in unlimited series |
|
Appendix 1: |
Regulatory acts for EU type-approval of vehicles produced in small series pursuant to Article 41 |
|
Appendix 2: |
Requirements for EU individual vehicle approval pursuant to Article 44 |
|
Part II |
List of UN Regulations recognised as an alternative to the Directives or Regulations referred to in Part I |
|
Part III |
List of regulatory acts setting out the requirements for the purpose of EU type-approval of special purpose vehicles |
|
Appendix 1: |
Motor-caravans, ambulances and hearses |
|
Appendix 2: |
Armoured vehicles |
|
Appendix 3: |
Wheelchair accessible vehicles |
|
Appendix 4: |
Other special purpose vehicles (including special group, multi-equipment carrier and trailer caravans) |
|
Appendix 5: |
Mobile cranes |
|
Appendix 6: |
Exceptional load transport vehicles |
|
Annex III |
Procedures to be followed with respect to EU type-approval |
|
Appendix 1: |
Standards with which the technical services referred to in Article 68 have to comply |
|
Appendix 2: |
Procedure for the assessment of the technical services |
|
Annex IV |
Conformity of production procedures |
|
Annex V |
Small series and end-of-series limits |
|
Annex VI |
List of parts or equipment that may pose a serious risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance, their performance requirements of such parts and equipment, the appropriate test procedures and marking and packaging provisions |
|
Annex VII |
Regulatory acts for which a manufacturer may be designated as a technical service |
|
Appendix: |
Designation of an in-house technical service of a manufacturer as technical service and subcontracting |
|
Annex VIII |
Conditions for the use of virtual testing methods by a manufacturer or a technical service |
|
Appendix 1: |
General conditions for the use of virtual testing methods |
|
Appendix 2: |
Specific conditions for the use of virtual testing methods |
|
Appendix 3: |
Validation process |
|
Annex IX |
Procedures to be followed during multi-stage type-approval |
|
Appendix: |
Model of the manufacturer's additional plate |
|
Annex X |
Access to vehicle OBD information and vehicle repair and maintenance information |
|
Appendix 1: |
Manufacturer's certificate on access to vehicle OBD information and vehicle repair and maintenance information |
|
Appendix 2: |
Vehicle OBD information |
|
Annex XI |
Correlation table |
ANNEX I
GENERAL DEFINITIONS, CRITERIA FOR VEHICLE CATEGORISATION, TYPES OF VEHICLE AND TYPES OF BODYWORK
INTRODUCTORY PART
Definitions and general provisions
1. Definitions
|
1.1. |
‘Seating position’ means any location capable of accommodating one person seated who is at least as large as:
(a)
the manikin of the 50th percentile adult male in the case of the driver;
(b)
the manikin of the 5th percentile adult female in all other cases. |
|
1.2. |
‘Seat’ means a complete structure with trim, integral or not with the vehicle body structure, which is intended to seat one person. It includes both an individual seat and a bench seat, as well as folding seats and removable seats. |
|
1.3. |
‘Goods’ means primarily any movable things. It includes products in bulk, manufactured goods, liquids, living animals, crops, indivisible loads. |
|
1.4. |
‘Maximum mass’ means the ‘technically permissible maximum laden mass’. |
2. General provisions
2.1. Number of seating positions
|
2.1.1. |
The requirements regarding the number of seating positions apply to seats that are designed for use when the vehicle is travelling on the road. |
|
2.1.2. |
They do not apply to seats that are designed for use when the vehicle is stationary and which are clearly identified to users either by means of a pictogram or a sign with an appropriate text. |
|
2.1.3. |
The following requirements apply for the counting of the seating positions:
(a)
each individual seat shall be counted as one seating position;
(b)
in the case of a bench seat, any space having a width of at least 400 mm measured at the seat cushion level shall be counted as one seating position. This condition shall not prevent the manufacturer from using the general provisions referred to in point 1.1;
(c)
however, a space as referred to in point (b) shall not be counted as one seating position where:
(i)
the bench seat includes features that prevent the bottom of the manikin from sitting in a natural way - for example: the presence of a fixed console box, an unpadded area or an interior trim interrupting the nominal seating surface;
(ii)
the design of the floor pan located immediately in front of a presumed seating position (for example the presence of a tunnel) prevents the feet of the manikin from being positioned in a natural way. |
|
2.1.4. |
With respect to vehicles covered by UN Regulations No 66 and No 107, the dimension referred to in point 2.1.3(b) shall be aligned with the minimum space required for one person in relation to the various classes of vehicles. |
|
2.1.5. |
When seat anchors for a removable seat are present in a vehicle, the removable seat shall be counted in the determination of the number of the seating positions. |
|
2.1.6. |
An area intended for an occupied wheelchair shall be regarded as one seating position.
|
2.2. Maximum mass
|
2.2.1. |
In the case of a tractor unit for semi-trailer, the maximum mass to be considered for classifying the vehicle shall include the maximum mass of the semi-trailer borne by the fifth wheel coupling. |
|
2.2.2. |
In the case of a motor vehicle that can tow a centre-axle trailer or a rigid drawbar trailer, the maximum mass to be considered for classifying the motor vehicle shall include the maximum mass transferred to the towing vehicle by the coupling. |
|
2.2.3. |
In the case of a semi-trailer, a centre-axle trailer and a rigid drawbar trailer, the maximum mass to be considered for classifying the vehicle shall correspond to the maximum mass transmitted to the ground by the wheels of an axle or group of axles when coupled to the towing vehicle. |
|
2.2.4. |
In the case of a converter dolly, the maximum mass to be considered for classifying the vehicle shall include the maximum mass of the semi-trailer borne by the fifth wheel coupling. |
2.3. Special equipment
|
2.3.1. |
Vehicles fitted primarily with fixed equipment such as machinery or apparatus shall be regarded as N or O category. |
2.4. Units
|
2.4.1. |
Unless otherwise stated any unit of measurement and associated symbol shall conform to Council Directive 80/181/EEC ( 8 ). |
3. Categorisation into vehicle categories
|
3.1. |
The manufacturer is responsible for the categorisation of a type of vehicle into a specific category. For such purposes, all the relevant criteria described in this Annex shall be met. |
|
3.2. |
The approval authority may request from the manufacturer appropriate additional information with the aim of demonstrating that a type of vehicle needs to be categorised as special purpose vehicle in the special group (‘SG Code’). |
PART A
Criteria for vehicle categorisation
1. Vehicle categories
For the purposes of EU type-approval and national type-approval, as well as for EU individual vehicle approval and national individual vehicle approval, vehicles shall be categorised in accordance with the classification referred to in Article 4.
Approval can only be granted for the categories referred to in Article 4(1).
2. Vehicle subcategories
2.1. Off-road vehicles
‘Off-road vehicle (ORV)’ means a vehicle that belongs to category M or N, having specific technical features which permit its use off the normal roads.
For those categories of vehicles, the letter ‘G’ shall be added as suffix to the letter and numeral identifying the vehicle category.
The criteria for the subcategorisation of vehicles as ORV are specified in point 4 of this Part.
2.2. Special purpose vehicles (SPV)
|
2.2.1. |
For incomplete vehicles that are intended to fall into the SPV subcategory, the letter ‘S’ shall be added as suffix to the letter and numeral identifying the vehicle category. The various types of special purpose vehicles are defined and listed in point 5. |
2.3. Off road special purpose vehicle
|
2.3.1. |
‘Off road special purpose vehicle (ORV-SPV)’ means a vehicle that belongs either to category M or N having the specific technical features referred to in points 2.1 and 2.2. For those categories of vehicles, the letter ‘G’ shall be added as suffix to the letter and numeral identifying the vehicle category. Moreover, for incomplete vehicles that are intended to fall into the SPV subcategory, the letter ‘S’ shall be added as second suffix. |
3. Criteria for the categorisation of vehicles in category N
|
3.1. |
The categorisation of a type of vehicle in category N shall be based on the technical features of the vehicle as referred to in points 3.2 to 3.6. |
|
3.2. |
As a matter of principle, the compartment(s) where all the seating positions are located, shall be completely separated from the loading area. |
|
3.3. |
By way of derogation from the requirements of point 3.2, persons and goods may be transported in the same compartment under the condition that the loading area is provided with securing devices designed to protect persons transported against the displacement of the load during driving, including severe braking and cornering. |
|
3.4. |
Securing devices - lashing devices - intended for securing the load as required in point 3.3 as well as partitioning systems, intended for vehicles up to 7,5 tonnes shall be designed in accordance with the provisions of sections 3 and 4 of international standard ISO 27956:2009 ‘Road vehicles – Securing of cargo in delivery vans – Requirements and test methods’.
|
|
3.5. |
The number of seating positions excluding the driver's seating position shall not exceed:
(a)
6 in the case of N1 vehicles;
(b)
8 in the case of N2 or N3 vehicles. |
|
3.6. |
Vehicles shall show a goods-carrying capacity equal or higher than the person-carrying capacity expressed in kg.
|
|
3.7. |
The requirements referred to in points 3.2 to 3.6 shall be met for all variants and versions within the type of vehicle. |
|
3.8. |
Criteria for the categorisation of vehicles as N1.
|
4. Criteria for the sub-categorisation of vehicles as off-road vehicles
|
4.1. |
M1 or N1 vehicles shall be subcategorised as off-road vehicles if they satisfy at the same time the following conditions:
(a)
at least one front and at least one rear axle designed to be driven simultaneously irrespective of whether one powered axle can be disengaged;
(b)
at least one differential locking mechanism or a mechanism having similar effect is fitted;
(c)
they are able to climb at least a 25 % gradient as a solo vehicle;
(d)
they satisfy five out of the following six requirements:
(i)
the approach angle shall be at least 25 degrees;
(ii)
the departure angle shall be at least 20 degrees;
(iii)
the ramp angle shall be at least 20 degrees;
(iv)
the ground clearance under the front axle shall be at least 180 mm;
(v)
the ground clearance under the rear axle shall be at least 180 mm;
(vi)
the ground clearance between the axles shall be at least 200 mm. |
|
4.2. |
M2, N2 or M3 vehicles the maximum mass of which does not exceed 12 tonnes shall be subcategorised as off-road vehicles if they satisfy either the condition set out in point (a) or the conditions set out in both points (b) and (c):
(a)
all their axles are driven simultaneously, irrespective of whether one or more powered axles can be disengaged;
(b)
(i)
at least one front and at least one rear axle are designed to be driven simultaneously irrespective of whether one powered axle can be disengaged;
(ii)
at least one differential locking mechanism or a mechanism having the same effect is fitted;
(iii)
they are able to climb a 25 % gradient as a solo vehicle;
(c)
they satisfy at least five out of the following six requirements if their maximum mass does not exceed 7,5 tonnes and at least four if their maximum mass exceeds 7,5 tonnes:
(i)
the approach angle shall be at least 25 degrees;
(ii)
the departure angle shall be at least 25 degrees;
(iii)
the ramp angle shall be at least 25 degrees;
(iv)
the ground clearance under the front axle shall be at least 250 mm;
(v)
the ground clearance between axles shall be at least 300 mm;
(vi)
the ground clearance under the rear axle shall be at least 250 mm. |
|
4.3. |
M3 or N3 vehicles whose maximum mass exceeds 12 tonnes shall be subcategorised as off-road vehicles if they satisfy either the condition set out in point (a) or the conditions set out in both points (b) and (c):
(a)
all their axles are driven simultaneously, irrespective of whether one or more powered axles can be disengaged;
(b)
(i)
at least half of the axles (or two axles out of the three in the case of a three axle vehicle and three axles in the case of a five axle vehicle) is designed to be driven simultaneously, irrespective of whether one powered axle can be disengaged;
(ii)
there is at least one differential locking mechanism or a mechanism having similar effect;
(iii)
they are able to climb a 25 % gradient as solo vehicle;
(c)
they satisfy at least four out of the following six requirements:
(i)
the approach angle shall be at least 25 degrees;
(ii)
the departure angle shall be at least 25 degrees;
(iii)
the ramp angle shall be at least 25 degrees;
(iv)
the ground clearance under the front axle shall be at least 250 mm;
(v)
the ground clearance between axles shall be at least 300 mm;
(vi)
the ground clearance under the rear axle shall be at least 250 mm. |
|
4.4. |
The procedure for checking compliance with the geometrical provisions referred to in this Part shall be set out in Appendix 1. |
|
4.5. |
The requirements in points 4.1(a), 4.2(a), 4.2(b), 4.3(a), 4.3(b) on simultaneous driven axles are considered to have been fulfilled if one of the following conditions is fulfilled:
(a)
the transmission of the tractive power to all axles is performed by mechanical means only which provides traction in heavy off-road; or
(b)
each of the wheels of the axle in question is driven by an individual hydraulic or electric motor. If the axles according to the requirements in points 4.1(a), 4.2(a), 4.2(b), 4.3(a), 4.3(b) on simultaneous driven axles are not powered by mechanical means only, the propulsion of the individual wheels shall be designed for heavy off-road operation. In such case it shall be ensured that at least 75 % of total tractive power can be transmitted to the wheel in question when the tractive conditions under the other wheels do not allow to transmit the tractive power properly via these wheels. The auxiliary drive system according to point 4.5(b) shall not allow to disengage the tractive power automatically until the vehicle reaches 75 % of the maximum vehicle design speed or reaches 65 km/h. |
5. Special purpose vehicles
|
|
Name |
Code |
Definition |
|
5.1. |
Motor caravan |
SA |
A vehicle of category M with living accommodation space which contains the following equipment as a minimum: (a) seats and table; (b) sleeping accommodation which may be converted from the seats; (c) cooking facilities; (d) storage facilities. This equipment shall be rigidly fixed to the living compartment. However, the table may be designed to be easily removable. |
|
5.2. |
Armoured vehicle |
SB |
A vehicle intended for the protection of conveyed persons or goods with anti-bullet armour plating. |
|
5.3. |
Ambulance |
SC |
A vehicle of category M intended for the transport of sick or injured persons and having special equipment for such purpose. |
|
5.4. |
Hearse |
SD |
A vehicle of category M intended for the transport of deceased persons and having special equipment for such purpose. |
|
5.5. |
Wheelchair accessible vehicle |
SH |
A vehicle of category M1 constructed or converted specifically so that they accommodate one or more persons seated in their wheelchairs when travelling on the road. |
|
5.6. |
Trailer caravan |
SE |
A vehicle of category O as defined in term 3.2.1.3 of international standard ISO 3833:1977. |
|
5.7. |
Mobile crane |
SF |
A vehicle of category N3, not fitted for the carriage of goods, provided with a crane whose lifting moment is equal to or higher than 400 kNm. |
|
5.8. |
Special group |
SG |
A special purpose vehicle that does not enter in any of the definitions mentioned in this Part. |
|
5.9. |
Converter dolly |
SJ |
A vehicle of category O equipped with a fifth-wheel coupling to support a semi-trailer with a view to converting the latter into a trailer. |
|
5.10. |
Exceptional load transport trailer |
SK |
A vehicle of category O4 intended for the transport of indivisible loads that is subject to speed and traffic restrictions because of its dimensions. Under this term are also included hydraulic modular trailers irrespective of the number of modules. |
|
5.11. |
Exceptional load transport motor vehicle |
SL |
A road tractor or tractor unit for semi-trailer of category N3 meeting all the following conditions: (a) having more than two axles and at least half of the axles (two axles out of three in the case of a three axle vehicle and three axles out of five in the case of a five axle vehicle) designed to be driven simultaneously, irrespective of whether one powered axle can be disengaged; (b) that is designed for towing and pushing exceptional load transport trailer of category O4; (c) that has a minimum engine power of 350 kW; and (d) that can be equipped with an additional front coupling device for heavy towable masses. |
|
5.12. |
Multi-equipment carrier |
SM |
An off-road vehicle of category N (as defined in point 2.3) designed and constructed for pulling, pushing, carrying and actuating certain inter-changeable equipment: (a) with not less than two mounting areas for this equipment; (b) with standardised, mechanical, hydraulic and/or electrical interfaces (e.g. Power take off) for powering and actuating the inter-changeable equipment; and (c) that fulfils the definition of international standard ISO 3833-1977, paragraph 3.1.4 (special vehicle). If the vehicle is equipped with an auxiliary load platform, its maximum length shall not exceed: (a) 1,4 times of the front or rear track width of the vehicle, whichever is the larger in the case of two axle vehicles; or (b) 2,0 times of the front or rear track width of the vehicle, whichever is the larger in the case of vehicles having more than two axles. |
6. Remarks
|
6.1. |
Type-approval shall not be granted:
(a)
to converter dolly as defined in point 5.9 of this Part;
(b)
to rigid drawbar trailers as defined in point 5.4 of Part C;
(c)
to trailers in which persons may be carried when travelling on the road. |
|
6.2. |
Point 6.1 is without prejudice to Article 42 on national small series type-approval. |
PART B
Criteria for types of vehicle, variants and versions
1. Category M1
1.1. Type of vehicle
|
1.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the design and assembly of the essential parts of the body structure in the case of a self-supporting body. The same shall apply to vehicles the bodywork of which is bolted on or welded to a separate frame; |
|
1.1.2. |
By way of derogation from the requirements of point 1.1.1(b), when the manufacturer uses the floor portion of the body structure as well as the essential constituent elements forming the front part of the body structure located directly in front of the windscreen bay, in the construction of different kinds of bodywork (for example a saloon and a coupe), those vehicles may be considered as belonging to the same type. Evidence thereof shall be provided by the manufacturer. |
|
1.1.3. |
A type shall consist of at least one variant and one version. |
1.2. Variant
|
1.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have the following construction features in common:
(a)
the number of lateral doors or the type of bodywork as defined in point 2 of Part C when the manufacturer uses the criterion of point 1.1.2;
(b)
the power plant with regard to the following construction features:
(i)
the type of energy supply (internal combustion engine, electric motor or other);
(ii)
the working principle (positive ignition, compression ignition or other);
(iii)
the number and arrangement of cylinders in the case of internal combustion engine (L4, V6 or other);
(c)
the number of axles;
(d)
the number, and interconnection of powered axles;
(e)
the number of steered axles;
(f)
the stage of completion (e.g. complete/incomplete);
(g)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
1.3. Version
|
1.3.1. |
A ‘version’ within a variant shall group the vehicles that have the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the engine capacity in the case of internal combustion engine;
(c)
the maximum engine power output or the maximum continuous rated power (electric motor);
(d)
the nature of the fuel (petrol, gas oil, LPG, bi-fuel or other);
(e)
the maximum number of seating positions;
(f)
drive-by sound level;
(g)
exhaust emission level (for example Euro 5, Euro 6 or other);
(h)
combined or weighted, combined CO2 emissions;
(i)
electric energy consumption (weighted, combined);
(j)
combined or weighted, combined fuel consumption; As an alternative to the criteria in points (h), (i) and (j), the vehicles grouped into a version shall have in common all tests performed for the calculation of their CO2 emissions, electric energy consumption and fuel consumption in accordance with sub-Annex 6 to Annex XXI to Commission Regulation (EU) 2017/1151 ( 9 ). |
2. Categories M2 and M3
2.1. Type of vehicle
|
2.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the category;
(c)
the following aspects of construction and design:
(i)
the design and construction of the essential constituent elements forming the chassis;
(ii)
the design and construction of the essential constituent elements forming the body structure in the case of a self-supporting body;
(d)
the number of decks (single or double);
(e)
the number of sections (rigid/articulated);
(f)
the number of axles;
(g)
the mode of energy supply (on-board or off-board); |
|
2.1.2. |
A type of vehicle shall consist of at least one variant and one version. |
2.2. Variant
|
2.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have all of the following construction features in common:
(a)
the type of bodywork as defined in point 3 of Part C;
(b)
the class or combination of classes of vehicles as defined in paragraph 2.1.1 of UN Regulation No 107 (only in the case of complete and completed vehicles);
(c)
the stage of completion (e.g. complete/incomplete/completed);
(d)
the power plant with regard to the following construction features:
(i)
the type of energy supply (internal combustion engine, electric motor or other);
(ii)
the working principle (positive ignition, compression ignition or other);
(iii)
the number and arrangement of cylinders in the case of internal combustion engine (L6, V8 or other);
(e)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
2.3. Version
|
2.3.1. |
A ‘version’ within a variant shall group the vehicles that have all the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the ability of the vehicle to tow a trailer or not;
(c)
the engine capacity in the case of internal combustion engine;
(d)
the maximum engine power output or the maximum continuous rated power (electric motor);
(e)
the nature of the fuel (petrol, gas oil, LPG, bi-fuel or other);
(f)
drive-by sound level;
(g)
exhaust emission level (for example Euro IV, Euro V or other). |
3. Category N1
3.1. Type of vehicle
|
3.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the design and assembly of the essential parts of the body structure in the case of a self-supporting body;
(c)
the design and the construction of the essential constituent elements forming the chassis in the case of a non-self-supporting body. |
|
3.1.2. |
By way of derogation from the requirements of point 3.1.1(b), when the manufacturer uses the floor portion of the body structure as well the essential constituent elements forming the front part of the body structure located directly in front of the windscreen bay, in the construction of different kinds of bodywork (for example a van and a chassis-cab, different wheelbases and different roof heights), those vehicles may be considered as belonging to the same type. Evidence thereof shall be provided by the manufacturer. |
|
3.1.3. |
A type of vehicle shall consist of at least one variant and one version. |
3.2. Variant
|
3.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have the following construction features in common:
(a)
the number of lateral doors or the type of bodywork as defined in point 4 of Part C (for complete and completed vehicles) when the manufacturer uses the criterion of point 3.1.2;
(b)
the stage of completion (e.g. complete/incomplete/completed);
(c)
the power plant with regard to the following construction features:
(i)
the type of energy supply (internal combustion engine, electric motor or other);
(ii)
the working principle (positive ignition, compression ignition or other);
(iii)
the number and arrangement of cylinders in the case of internal combustion engine (L6, V8 or other);
(d)
the number of axles;
(e)
the number and interconnection of powered axles;
(f)
the number of steered axles.
(g)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
3.3. Version
|
3.3.1. |
A ‘version’ within a variant shall group the vehicles that have the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the engine capacity in the case of internal combustion engine;
(c)
the maximum engine power output or maximum continuous rated power (electric motor);
(d)
the nature of the fuel (petrol, gas oil, LPG, bi-fuel or other);
(e)
the maximum number of seating positions;
(f)
drive-by sound level;
(g)
exhaust emission level (for example Euro 5, Euro 6 or other);
(h)
combined or weighted, combined CO2 emissions;
(i)
electric energy consumption (weighted, combined);
(j)
combined or weighted, combined fuel consumption;
(k)
the existence of a unique set of innovative technologies, as specified in Article 12 of Regulation (EU) No 510/2011 of the European Parliament and of the Council ( 10 ). As an alternative to the criteria in points (h), (i) and (j), the vehicles grouped into a version shall have in common all tests performed for the calculation of their CO2 emissions, electric energy consumption and fuel consumption in accordance with sub-Annex 6 to Annex XXI of Regulation (EU) 2017/1151. |
4. Categories N2 and N3
4.1. Type of vehicle
|
4.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the category;
(c)
the design and construction of the chassis that are common to a single line of product;
(d)
the number of axles; |
|
4.1.2. |
A type of vehicle shall consist of at least one variant and one version. |
4.2. Variant
|
4.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have the following construction features in common:
(a)
the body structural concept or type of bodywork as defined in point 4 of Part C and in Appendix 2 (only for complete and completed vehicles);
(b)
the stage of completion (e.g. complete/incomplete/completed);
(c)
the power plant with regard to the following construction features:
(i)
the type of energy supply (internal combustion engine, electric motor or other);
(ii)
the working principle (positive ignition, compression ignition or other);
(iii)
the number and arrangement of cylinders in the case of internal combustion engine (L6, V8 or other);
(d)
the number and interconnection of powered axles;
(e)
the number of steered axles;
(f)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
4.3. Version
|
4.3.1. |
A ‘version’ within a variant shall group the vehicles that have the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the ability or not to tow a trailer as follows:
(i)
an unbraked trailer;
(ii)
a trailer with an inertia (or overrun) braking system as defined in paragraph 2.12 of UN Regulation No 13;
(iii)
a trailer with a continuous or semi-continuous braking system as defined in paragraphs 2.9 and 2.10 of UN Regulation No 13;
(iv)
a trailer of category O4 that results in a maximum mass of the combination not exceeding 44 tonnes;
(v)
a trailer of category O4 that results in a maximum mass of the combination exceeding 44 tonnes;
(c)
the engine capacity;
(d)
the maximum engine power output;
(e)
the nature of the fuel (petrol, gas oil, LPG, bi-fuel or other);
(f)
drive-by sound level;
(g)
exhaust emission level (for example Euro IV, Euro V or other). |
5. Categories O1 and O2
5.1. Type of vehicle
|
5.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the category;
(c)
the concept as defined in point 5 of Part C;
(d)
the following aspects of construction and design:
(i)
the design and construction of the essential constituent elements forming the chassis;
(ii)
the design and construction of the essential constituent elements forming the body structure in the case of a self-supporting body;
(e)
the number of axles. |
|
5.1.2. |
A type of vehicle shall consist of at least one variant and one version. |
5.2. Variant
|
5.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have the following construction features in common:
(a)
the kind of bodywork as referred to in Appendix 2 (for complete and completed vehicles);
(b)
the stage of completion (e.g. complete/incomplete/completed);
(c)
the type of braking system (e.g. unbraked/inertia/power);
(d)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
5.3. Version
|
5.3.1. |
A ‘version’ within a variant shall group the vehicles that have the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the concept of the suspension (air, steel or rubber suspension, torsion bar or other);
(c)
the concept of the drawbar (triangle, tube or other). |
6. Categories O3 and O4
6.1. Type of vehicle
|
6.1.1. |
A ‘type of vehicle’ shall consist of vehicles that have the following features in common:
(a)
the manufacturer's company name. A change in the legal form of ownership of the company does not require that a new approval has to be granted;
(b)
the category;
(c)
the concept of the trailer with relation to the definitions in point 5 of Part C;
(d)
the following aspects of construction and design:
(i)
the design and construction of the essential constituent elements forming the chassis;
(ii)
the design and construction of the essential constituent elements forming the body structure in the case of trailers with a self-supporting body;
(e)
the number of axles. |
|
6.1.2. |
A type of vehicle shall consist of at least one variant and one version. |
6.2. Variants
|
6.2.1. |
A ‘variant’ within a type of vehicle shall group the vehicles that have the following construction and design features in common:
(a)
the kind of bodywork as referred to in Appendix 2 (for complete and completed vehicles);
(b)
the stage of completion (e.g. complete/incomplete/completed);
(c)
the concept of the suspensions (steel, air or hydraulic suspension);
(d)
the following technical features:
(i)
the capability or not for the chassis to be extendible;
(ii)
the deck height (normal, low loader, semi-low loader etc.);
(e)
in the case of multi-stage built vehicles, the manufacturer and the type of the previous stage vehicle. |
6.3. Versions
|
6.3.1. |
A ‘version’ within a variant shall group the vehicles that have the following features in common:
(a)
the technically permissible maximum laden mass;
(b)
the subdivisions or combination of subdivisions referred to in points 3.2 and 3.3 of Annex I to Directive 96/53/EC into which the axle spacing between two consecutive axles forming a group belongs;
(c)
the definition of the axles in the following respects:
(i)
lift axles (number and position);
(ii)
loadable axles (number and position);
(iii)
steered axle (number and position). |
7. Common requirements for all vehicle categories
|
7.1. |
When a vehicle falls into several categories because of its maximum mass or the number of seating positions or both, the manufacturer may select to use the criteria of one or the other vehicle category for the definition of the variants and the versions.
|
|
7.2. |
A vehicle of category N may be type-approved against the provisions required for category M1 or M2, as the case may be, when it is intended to be converted into a vehicle of that category during the next step of a multi-stage type-approval procedure.
|
|
7.3. |
Type-, variant- and version designations
|
|
7.4. |
Number of characters for the TVV
|
PART C
Definitions of types of bodywork
1. General
|
1.1. |
The type of bodywork as well as the code for bodywork shall be indicated by means of codes. The list of codes shall apply primarily to complete and completed vehicles. |
|
1.2. |
As regards vehicles of categories M, the type of bodywork shall consist of two letters as specified in points 2 and 3. |
|
1.3. |
As regards vehicles of categories N and O, the type of bodywork shall consist of two letters as referred to in points 4 and 5. |
|
1.4. |
Where necessary (especially for the types of bodywork referred to respectively in points 4.1 and 4.6 and in points 5.1 to 5.4), they shall be supplemented by two digits.
|
|
1.5. |
For special purpose vehicles, the type of bodywork to be used shall be linked to the category of the vehicle. |
2. Vehicles belonging to category M1
|
Ref. |
Code |
Name |
Definition |
|
2.1. |
AA |
Saloon |
A vehicle defined in term 3.1.1.1 of international standard ISO 3833:1977, fitted with at least four side windows. |
|
2.2. |
AB |
Hatchback |
A saloon as defined in 2.1 with a hatch at the rear end of the vehicle. |
|
2.3. |
AC |
Station wagon |
A vehicle defined in term 3.1.1.4 of international standard ISO 3833:1977. |
|
2.4. |
AD |
Coupé |
A vehicle defined in term 3.1.1.5 of international standard ISO 3833:1977. |
|
2.5. |
AE |
Convertible |
A vehicle defined in terms No 3.1.1.6 of international standard ISO 3833:1977. However, a convertible may have no door. |
|
2.6. |
AF |
Multi-purpose vehicle |
A vehicle other than AG and those mentioned in AA to AE intended for carrying persons and their luggage or occasionally goods, in a single compartment. |
|
2.7. |
AG |
Truck station wagon |
A vehicle defined in term No 3.1.1.4.1 of international standard ISO 3833:1977. However, the luggage compartment must be completely separated from the passenger compartment. In addition, the reference point of the driver's seating position needs not to be at least at 750 mm above the surface supporting the vehicle. |
3. Vehicles belonging to category M2 or M3
|
Ref. |
Code |
Name |
Definition |
|
3.1. |
CA |
Single-deck vehicle |
A vehicle where the spaces provided for persons are arranged in a single level or in a way that they do not constitute two superimposed levels; |
|
3.2. |
CB |
Double-deck vehicle |
A vehicle defined in paragraph 2.1.6 of UN Regulation No 107; |
|
3.3. |
CC |
Single-deck articulated vehicle |
A vehicle defined in paragraph 2.1.3 of UN Regulation No 107 with a single deck; |
|
3.4. |
CD |
Double-deck articulated vehicle |
A vehicle defined in paragraph 2.1.3.1 of UN Regulation No 107; |
|
3.5. |
CE |
Low-floor single-deck vehicle |
A vehicle defined in paragraph 2.1.4 of UN Regulation No 107 with a single deck; |
|
3.6. |
CF |
Low-floor double-deck vehicle |
A vehicle defined in paragraph 2.1.4 of UN Regulation No 107 with a double deck; |
|
3.7. |
CG |
Articulated low-floor single-deck vehicle |
A vehicle that combines the technical features of points 3.3 and 3.5 of this table; |
|
3.8. |
CH |
Articulated low-floor double-deck vehicle |
A vehicle that combines the technical features of points 3.4 and 3.6 of this table; |
|
3.9. |
CI |
Open top single deck vehicle |
A vehicle with partial roof or without roof; |
|
3.10. |
CJ |
Open top double deck vehicle |
A vehicle without roof over all or part of its upper deck; |
|
3.11. |
CX |
Bus chassis |
An incomplete vehicle with just chassis rails or tube assembly, power train, axles, that is intended to be completed with bodywork, customised to the needs of the transport operator. |
4. Motor vehicles of category N1, N2 or N3
|
Ref. |
Code |
Name |
Definition |
|
4.1. |
BA |
Lorry |
A vehicle that is designed and constructed exclusively or principally for conveying goods. It may also tow a trailer. |
|
4.2. |
BB |
Van |
A lorry with the compartment where the driver is located and cargo area within a single unit. |
|
4.3. |
BC |
Tractor unit for semi-trailer |
A towing vehicle that is designed and constructed exclusively or principally to tow semi-trailers. |
|
4.4. |
BD |
Road tractor |
A towing vehicle that is designed and constructed exclusively to tow trailers other than semi-trailers. |
|
4.5. |
BE |
Pick-up truck |
A vehicle of a maximum mass not exceeding 3 500 kg in which the seating positions and the cargo area are not located in a single compartment. |
|
4.6. |
BX |
Chassis-cab or chassis-cowl |
An incomplete vehicle with just a cabin (complete or partial), chassis rails, power train, axles, which is intended to be completed with bodywork, customised to the needs of the transport operator. |
5. Vehicles of category O
|
Ref. |
Code |
Name |
Definition |
|
5.1. |
DA |
Semi-trailer |
A trailer that is designed and constructed to be coupled to a tractor unit or to a converter dolly and to impose a substantial vertical load on the towing vehicle or on the converter dolly. The coupling to be used for a vehicle combination shall consist of a king pin and a fifth wheel. |
|
5.2. |
DB |
Drawbar trailer |
A trailer having at least two axles, of which at least one is a steered axle: (a) equipped with a towing device which can move vertically (in relation to the trailer); and (b) that transmits less than 100 daN as a static vertical load to the towing vehicle. |
|
5.3. |
DC |
Centre-axle trailer |
A trailer where the axle(s) is (are) positioned close to the centre of gravity of the vehicle (when uniformly loaded) so that only a small static vertical load, not exceeding 10 % of that corresponding to the maximum mass of the trailer or a load of 1 000 daN (whichever is the lesser) is transmitted to the towing vehicle. |
|
5.4. |
DE |
Rigid drawbar trailer |
A trailer with one axle or one group of axles fitted with a drawbar which transmits a static load not exceeding 4 000 daN to the towing vehicle due to its construction and that does not meet the definition of a centre-axle trailer. The coupling to be used for a vehicle combination shall not consist of a king pin and a fifth wheel. |
|
5.5. |
DF |
Link semi-trailer |
A semi-trailer with a fifth wheel mounted at the rear such that the link semi-trailer could tow another semi-trailer. |
|
5.6. |
DG |
Link drawbar trailer |
A drawbar trailer with a fifth wheel mounted at the rear such that the link trailer could tow another semi-trailer. |
Appendix 1
Procedure for checking whether a vehicle can be categorised as off-road vehicle
1. General
|
1.1. |
For the purposes of classification of a vehicle as off-road vehicle, the procedure described in this Appendix shall apply. |
2. Test conditions for geometric measurements
|
2.1. |
Vehicles belonging to category M1 or N1 shall be in unloaded conditions with a manikin of the 50th percentile male installed on the driver's seat and fitted with coolant fluid, lubricants, fuel, tools, spare-wheel (if fitted as OEM equipment). The manikin may be replaced by a similar device having the same mass. |
|
2.2. |
Vehicles other than those referred to in point 2.1 shall be loaded to their technically permissible maximum laden mass. The distribution of the mass on the axles shall be the one that represents the worst case with respect to compliance with the respective criteria. |
|
2.3. |
A vehicle representative of the type shall be submitted to the technical service in the conditions specified in point 2.1 or 2.2. The vehicle shall be in a stationary position with its wheels set straight ahead. The ground on which measurements are made shall be as flat and horizontal (maximum of inclination 0,5 %) as possible. |
3. Measurement of approach, departure and ramp angles
|
3.1. |
The approach angle shall be measured in accordance with paragraph 6.10 of international standard ISO 612:1978. |
|
3.2. |
The departure angle shall be measured in accordance with paragraph 6.11 of international standard ISO 612:1978. |
|
3.3. |
The ramp angle shall be measured in accordance with paragraph 6.9 of international standard ISO 612:1978. |
|
3.4. |
When measuring the departure angle rear underrun protection devices which are adjustable in height may be set in the upper position. |
|
3.5. |
The prescription in point 3.4 shall not be construed as an obligation for the base vehicle to be fitted with a rear underrun protection as original equipment. However, the base vehicle manufacturer shall inform the next stage manufacturer that the vehicle has to comply with the requirements on departure angle when fitted with a rear underrun protection. |
4. Measurement of ground clearance
4.1. Ground clearance between the axles
|
4.1.1. |
‘Ground clearance between the axles’ means the shortest distance between the ground plane and the lowest fixed point of the vehicle. For the application of the definition, the distance between the last axle of a front group of axle and the first axle of a rear group of axle shall be considered.
|
|
4.1.2. |
No rigid part of the vehicle may project into the shaded area shown on the figure. |
4.2. Ground clearance beneath one axle
|
4.2.1. |
‘Ground clearance beneath one axle’ means the distance beneath the highest point of the arc of a circle passing through the centre of the tyre footprint of the wheels on one axle (the inner wheels in the case of twin tyres) and touching the lowest fixed point of the vehicle between the wheels.
|