VCA INFORMATION NOTICE ON EUROPEAN AND NATIONAL TYPE APPROVAL LEGISLATION

Transcription

1 VCA INFORMATION NOTICE ON EUROPEAN AND NATIONAL TYPE APPROVAL LEGISLATION Issue date: April 2016 This notice is published by VCA only to provide a guide to possible future Type Approval developments. Though every care is taken in its preparation VCA cannot be held responsible for any errors or omissions. Interpretation of the law must remain the prerogative of the courts. Contents EU NEWS... 2 Key Published EU Directives and Regulations... 2 DIRECTIVE (EU) 2015/719 Weights & dimensions... 2 DECISION (EU) 2015/2250 of 26 November DECISION (EU) 2015/2251 of 26 November DECISION (EU) 2015/2280 of 7 December (EU) 2016/130 of 1 February Draft Proposals... 2 UNECE NEWS... 4 Published... 4 Regulation 3 (Retro-reflecting devices)... 4 Regulation 11 (Door latches and door retention components)... 4 Regulation 19 (Front fog lamps)... 4 Regulation 37 (Filament lamps for use in approved lamp units)... 4 Regulation 48 (Installation of lighting and light-signalling device)... 4 Regulation 50 (Position of front and rear lamps, stop and direction indicator lamps L-category)... 4 Regulation 55 (Mechanical couplings)... 4 Regulation 75 (Tyres for L-category vehicles)... 4 Regulation 107 (General Construction of M2 or M3 Vehicles)... 4 Regulation 117 (Tyres rolling resistance, noise and wet grip)... 4 Regulation 121 (Identification of hand controls tell-tales and indicators)... 5 Regulation 123 (Adaptive front lighting systems (AFS))... 5 Regulation 128 (Light Emitting Diode (LED) light sources)... 5 Regulation 129 (Enhanced Child Restraint Systems (ECRS))... 5 Regulation 134 (Hydrogen Fuel Cell Vehicles)... 5 Regulation 135 (Pole Side Impact (PSI))... 5 Draft UNECE Regulations... 5 UK NATIONAL LEGISLATION... 6 CESSATION OF VALIDITY OF TYPE APPROVALS... 7 VCA will be providing End of Series (Derogations) for the following: DEROGATIONS Guide Motorcycles and Tractors NRMM AND TRACTOR FLEXIBILITY SCHEMES... 12

2 Page 2 of 12 EU NEWS Key Published EU Directives and Regulations DIRECTIVE (EU) 2015/719 Weights & dimensions This Directive amends Directive 96/53/EC and allows for greater use of aerodynamic devices for the specific purpose of energy efficiency and defines when such devices need Type Approval (addition of Articles 8b, 10 b through to 10j). DECISION (EU) 2015/2250 of 26 November 2015 Confirming or amending the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2014 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council. DECISION (EU) 2015/2251 of 26 November 2015 Confirming or amending the average specific emission of CO2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2014 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council. DECISION (EU) 2015/2280 of 7 December 2015 This document provides approval of the DENSO efficient alternator as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council. (EU) 2016/130 of 1 February 2016 This Regulation extends until 31 December 2016 the possibility to use adaptors for tachographs in M1 and N1 type vehicles in terms of adapting to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport. Draft Proposals A set of documents was released by the EU on 27 January 2016, in which proposals were made for change to the Main Vehicle Framework (2007/46). There was a background paper MEMO-16/168 that explained the reasons for the proposed changes, below is an extract from that paper that explains the rationale behind the reasons for change: At the moment, the EU sets the legal framework (Directive 2007/46/EC on the common legal framework for the type approval of cars, vans trucks, buses and coaches, as well as specific legislation such as Regulation 715/2007/EC on emissions limits), but national authorities are fully responsible for checking car manufacturers' compliance. The draft Regulation on the approval and market surveillance of motor vehicles maintains the principle of mutual recognition, which is at the core of the EU Single Market, but addresses current flaws in the system. A "fitness check" of the current framework in 2013 concluded that differences in the interpretation and application of the rules by national type approval authorities and technical services could undermine the effectiveness of the system across Member States, highlighting the need for more efficient enforcement. The Commission

3 Page 3 of 12 was finalising a legislative proposal to review the current system when the revelations of emissions manipulations emerged. The Commission has since concluded on the need for more far-reaching reform to prevent cases of non-compliance from happening again. The proposal for a Regulation will support this by: Reinforcing the independence and quality of testing that allows a car to be placed on the market: The Commission proposes to modify the remuneration system to avoid any possible financial links between technical services and manufacturers. The proposal also foresees more stringent performance criteria for these technical services and that they are regularly and independently audited to obtain and maintain their designation. National type approval authorities will be subject to peer reviews to ensure that the relevant rules are implemented and enforced rigorously across the EU. Introducing an effective market surveillance system to control the conformity of cars already in circulation: The current framework focuses heavily on the approval of a vehicle type before it is placed on the market (ex ante checks) but there is insufficient surveillance of the cars already in circulation (ex post checks). In the future Member States and the Commission will carry out compliance verification spot-checks of vehicles on the market. All Member States should be able to take safeguard measures against non-compliant vehicles on their territory without waiting for the one that issued the type approval to take action. Member States will have to review regularly the functioning of their market surveillance activities and make the results publicly available. Reinforcing the type approval system with more European oversight: The Commission will have the power to suspend, restrict or withdraw the designation of technical services that are underperforming and too lax in applying the rules. In the future the Commission will also be able to carry out ex-post verification testing (through its Joint Research Centre) and, if needed, initiate recalls. The Commission will be able to impose penalties on car manufacturers and technical services. The Commission will also chair an Enforcement Forum which will develop common compliance verification strategies with Member States and organise joint audits of technical services and peer reviews of type approval authorities. Additionally, the proposal includes provisions to reinforce the existing ban on defeat devices. Further information, including links to the documents released on 27 January 2016 can be found here: databases/newsroom/cf/itemdetail.cfm?item_id=8643&lang=en&tpa_id=0&title=european- Commission-tightens-rules-for-safer-and-cleaner-cars Subscribers to the VCA s LegStat service can also find further information there, key approval and market surveillance of motor vehicles and their trailers into the search box and all the documents will appear..

4 Page 4 of 12 UNECE NEWS Published Regulation 3 (Retro-reflecting devices) Revision 4 - Amendment 2 Amendments to deal with devices with reduced light distribution. Regulation 11 (Door latches and door retention components) Revision 3 - Publishes 04 series of amendments in a new revision, they were previously published as Revision 2 Amendment 1. Regulation 19 (Front fog lamps) Revision 7 - Amendment 3 - Updates to test mixture for water and polluting agent, statement about replacability of LEDs, amendments to colour and UV radiation specifications. Regulation 37 (Filament lamps for use in approved lamp units) Revision 8 - Clarifies that only the part of the filament which is energised is relevant for determining the length of the filament. Adds 3 new categories;- H18, H19, H20. Corrections and improvements to existing light source categories. Regulation 48 (Installation of lighting and light-signalling device) Revision 12, Addendum 47, Amendment 2 - A series of amendments that apply various editorials to the text to make it clearer. Regulation 50 (Position of front and rear lamps, stop and direction indicator lamps L-category) Revision 3, Amendment 1 - This amendment removes the risk of motorcycle design constraints concerning the lamp system and rear trunk lid (commonly used on four-wheeled vehicles) which may be adopted in future for scooter-type motorcycles to secure the storage space for helmets, etc. and improve appearance and marketability. The interdependent lamp system is approved under Regulations Nos.7 and 48 and is already available on the market. This provision provides increased design freedom and balances the modern appearance and functionality during loading /unloading from the storage space. L category vehicles are included in the scope of the R7, and as such the certified stop lamps, front position lamps, and rear position lamps can also be applied to motorcycles. With these previous examples, interdependent lamp systems should also be approved for use on L category vehicles. Regulation 55 (Mechanical couplings) Revision 2 - New provisions for "Movable coupling devices" (paragraph 1.4) Clarifications for class T couplings (where the trailer and the truck are not normally uncoupled) the guide device is not required (as the connection should be done at the manufacturer or in workshops). Many coupling types (especially ball-couplings, which are movable, retractable, etc.) are developed with aesthetic considerations. The minimum requirements shall be stated in order to avoid accidents when a trailer is coupled. Revised (wider) provision for Remote Indications (to help with safe coupling procedures). Disambiguation of paragraph of Annex 5 and is moved to a revised paragraph 3.6. Regulation 75 (Tyres for L-category vehicles) Revision 2 - Amendment 2 - Amends title of regulation and scope, adds new provisions for all terrain tyres. Regulation 107 (General Construction of M2 or M3 Vehicles) Addendum 106 Regulation No. 107 Revision 6 - Amendment 2 - Updates Annex 3, engine bay, combustion heater and fire alarms; Annex 11, loading conditions Regulation 117 (Tyres rolling resistance, noise and wet grip) Regulation No. 117 Revision 4 -Incorporates inclusion of Snow Tyre Testing; and alternative deceleration for an evaluation of the tyre rolling resistance using a mathematical algorithm. Added extra text to explain what is incorporated into this revision. Regulation No Rev.3 - Amend.4 - The description of Test Site in Annex 3 paragraph 2.1. amended. Appendix 1 part 2 item 3.1 updated to refer to ISO 10844:2014. Annex 6, Appendix 1, paragraph 4 d) on Control accuracy amended.

5 Page 5 of 12 Regulation 121 (Identification of hand controls tell-tales and indicators) Addendum 120: Regulation No. 121 Revision 2 - New revision to 01 series of amendments previously published as Revision 1 - Amendment 5. Regulation 123 (Adaptive front lighting systems (AFS)) Addendum 122 Regulation No. 123 Revision 2 - Amendment 3 Updates applied to Annex 4 preparation of test mixture, also updates applied to the UV table in Annex 11. Specification of number of units and state of the samples for testing has been amended in paragraph 5.2. Regulation 128 (Light Emitting Diode (LED) light sources) Addendum 127 Regulation No. 128 Amendment 4 - Introduces new red light emitting LED light source categories LR3(A/B) and LR4(A/B) for use in rear position, stop and rear fog lamps. A correction is also necessary to values in the UV table. Regulation 129 (Enhanced Child Restraint Systems (ECRS)) Addendum 128 Regulation No. 129 Amendment 4 - Paragraph amended to read All straps of the restraint shall be so placed that they cannot cause discomfort to the wearer in normal use or assume a dangerous configuration. Y-shaped belts are not permitted on forward facing Enhanced Child Restraint Systems and may only be used in dedicated rearward facing and or lateral facing Enhanced Child Restraint Systems (carrycots). The distance between the shoulder-straps in the vicinity of the neck should be at least the width of the neck of the appropriate dummy. Regulation 134 (Hydrogen Fuel Cell Vehicles) Regulation No Amend.1 - Hydrogen and Fuel Cell Vehicles (HFCV). Paragraph now reads Fuelling receptacle label: A label shall be affixed close to the fuelling receptacle; for instance inside a refilling hatch, showing the following information: fuel type (e.g. "CHG" for gaseous hydrogen), MFP, NWP, date of removal from service of containers. Regulation 135 (Pole Side Impact (PSI)) Regulation No Amend.1 and subsequent Revision 1 - The Scope Paragraph 1.1. has been significantly amended to improve clarity regards the vehicles it covers. Draft UNECE Regulations As these are changing frequently for a full up to date list please subscribe to VISTA and LegStat.

6 Page 6 of 12 UK NATIONAL LEGISLATION UK Statutory Instrument 2009 No. 717 (Road Vehicle Approval Regulations) - Consultation The Department for Transport are planning a consultation on UK Statutory Instrument 2009 No. 717 (Road Vehicle Approval Regulations) during the summer of The main changes are expected to be as follows: 1) Increasing the numerical limits for NSSTA where the vehicle exceeds 4m height to those specified in EU Regulation 1230/2012; 2) Making Euro VI (heavy duty emissions) compulsory on new trucks and buses under NSSTA/IVA from a date to be defined (proposal 1 April 2016); 3) making AEBS and LDWS compulsory on new trucks and buses under NSSTA/IVA from 1 Nov 2016; 4) making UNECE on mirrors compulsory on trucks under NSSTA/IVA except where vehicles are of a type approved to Directive 2003/97; and 5) specifying EU/UNECE rules (already applied informally) on electric vehicle safety and hydrogen in NSSTA and IVA. The official responsible is Mike Lowe in IVS (DfT London). New Domestic Regulations on Motorcycles and Agricultural Vehicles - Consultation The Department for Transport are planning consultations on two new domestic regulations on Motorcycles and Agricultural vehicles (tractors and trailers) during the summer of These would replace existing domestic regulations (Statutory Instruments) dating from 1999 and 2005, and implement new EU Regulations 167/2013 and 168/2013. The main changes on the agricultural vehicle side are compulsory approval for fast tractors (category T5 or T1b) registered after 1 January 2018 and a need for all existing tractor models to be re-approved to new standards by the same date. New improved braking standards will apply. For motorcycles, the main changes are that Automatic Headlamp On (AHO) is compulsory for all motorcycles registered after 1 January 2016, and there is a need for all existing motorcycle models to be re-approved to new standards by 2017 or 2018 depending on category, including compulsory ABS on larger bikes and new emissions standards. Anyone wishing to receive a copy of this consultation who is not a member of the SMMT, MCIA or AEA, should notify LAW@vca.gov.uk, who will pass their details to the Department. Links to the Consultation will be placed on the VCA website on this page:

7 Page 7 of 12 CESSATION OF VALIDITY OF TYPE APPROVALS EC DIRECTIVES WITH AN APPLICATION DATE TO ALL NEW REGISTRATIONS UP TO 31 st December 2020 EU DIRECTIVE / EU SUBJECT (DESCRIPTION) VEHICLE CATEGORY AFFECTED APPLICATION DATE IN THE DIRECTIVE (For registration or entry-intoservice) (EU) 1171/2014 & 2015/45 COC FORMAT CHANGE 1171/ All categories Multi- Stage Approvals; 2015/45 -N1 provision of information on eco-innovations. 1/1/ /9/2015) (EU) 168/2013 AUTO HEADLIGHTS ON (AHO) AND FUEL TANK PERMEABILITY Motorcycles (L1e- L7e) 1/1/2016 (10% of sales in last 2 years) (EU) 3/2014 FUNCTIONAL SAFETY - BRAKING (including anti-lock and combined braking systems e.g. ABS) Motorcycles (L1e to L5e) 1/1/2016 (10% of sales in last 2 years) (EU) 661/2009 Items 9A and 9B ELECTRONIC STABILITY CONTROL (ESC) Mandatory fitment M3 Class II and III pneumatic control and hydraulic energy transmission; and N2 pneumatic control and hydraulic energy transmission 11/7/ /4/2016) (EU) 715/2007 Item 2A LIGHT EMISSIONS N1 Class II & III, N2 Vehicles that don t comply with Euro 6b emissions with Euro 6 OBD 1/9/ /5/2016) (EU) 1229/2012 EC SMALL SERIES TYPE APPROVAL EC Small Series issued before 1/11/2012 lose validity 31/10/ /7/2016)

8 Page 8 of 12 EU DIRECTIVE / EU SUBJECT (DESCRIPTION) VEHICLE CATEGORY AFFECTED APPLICATION DATE IN THE DIRECTIVE (For registration or entry-intoservice) (EU) 661/2009 Items 46A and 46D TYRES M, N and O vehicles fitted with tyres that comply with Annex II Part C Table 1 (tyre rolling noise requirements) and Annex II Part B Table I (tyre rolling resistance requirements) including C3 class tyres 1/11/ /7/2016) (EU) 582/2011 Item 2A HEAVY DUTY EMISSIONS M and N OBD Euro VI step c (Annex 1 appendix 9 table line item C). 31/12/ /9/2016) (EU) 2006/40 Item AIR CONDITIONING SYSTEMS: Prohibition on using systems with gas with a global warming potential (GWP) greater than 150 MAC M1 & N1 (Class 1), or STU 1/1/ /9/2016) (EU) 168/2013 EURO 4 EMISSIONS Motorcycles (L3e, L4e, L5e, L7e) 1/1/2017 (10% of sales in last 2 years) (EU) 78/2009 Item 58 PEDESTRIAN PROTECTION: Annex 1 Section 3 of 78/2009 M1 max mass <2500kg N1 max mass <2500Kg 24/2/ /12/2017) (EU) 661/2009 Item 46A TYRES M, N and O vehicles fitted with C1 and C2 tyres that comply with Annex II Part B Table 2 rolling resistance limits 1/11/ /7/2018)

9 Page 9 of 12 EU DIRECTIVE / EU SUBJECT (DESCRIPTION) VEHICLE CATEGORY AFFECTED APPLICATION DATE IN THE DIRECTIVE (For registration or entry-intoservice) (EU) 347/2012 Item 65 ADVANCED EMERGENCY BRAKING SYSTEMS APPROVAL LEVEL 2 M2, M3, N2, N3 with exceptions 1/11/ /7/2018) (EU) 78/2009 Item 58 PEDESTRIAN PROTECTION: Annex 1 Section 3 of 78/2009 M1 max mass >2500kg N1 max mass >2500kg 24/8/ /5/2019) (EU) 661/2009 Item 46A TYRES M, N and O vehicles fitted with C3 tyres that comply with Annex II Part B Table 2 rolling resistance limits 1/11/ /7/2020)

10 Page 10 of 12 VCA will be providing End of Series (Derogations) for the following: If you would like a copy of the new form please LAW@vca.gov.uk

11 Page 11 of 12 DEROGATIONS Guide A VCA guide to Derogations will be made available soon on our dedicated web page at: Motorcycles and Tractors With the advent of the new EU rules regards derogations for Motorcycles (168/2013 Article 44) and Tractors (167/2013 Article 39), this has caused a lot of confusion the main areas surrounding: 1. To calculate the 10% allowance, sales figures should be provided for the last 2 years What actual period, models, etc should these cover? 2. How can I provide all the VINs ahead of production? VCA has taken a rather flexibile approach on BOTH of these questions as we recognise the problems and difficulties that these two questions bring: 1. Calculating the 10% - For Motorcycles and Tractors, the EC stipulates that the Percentage Rule will be applied, under which it states that the manufacturer should provide information about the numbers of vehicles that entered into service in the preceding TWO YEARS, this often causes confusion: What if I have only been trading for a year? Then supply the figures for that year; Do I supply figures for the WHOLE of Europe NO as you are only applying for a Derogation from the UK Authority, so we are only interested in your UK figures; How detailed should the figures be? Let us keep it SIMPLE, just provide the overall TOTAL number of vehicles that entered into service during each of the years concerned, you do NOT need to break this down into make, model, manufacturing facility. What should the time frame be for the 2 year figures? It is usually accepted that it is a rolling period back from the month of application, any problems with this should be discussed with us T: You can apply for 10%, but if that figure works out to less than 100 Motorcycles or 20 Tractors, then the applicant can apply for up to 100 motorcycles or 20 tractors. Entered into service May be registered or not registered and used off-road. 2. Vehicle Lists - As under the new EU rules, vehicles can continue to be manufactured up to the date when the legislation changes, we will allow manufacturers to apply for a derogation for the number of required vehicles, WITHOUT having to supply a vehicle list. Due to requirements of the EU legislation in BOTH Regulations, they state: 6. Member States shall ensure that the number of vehicles to be made available on the market, registered or entered into service under the procedure set out in this Article is effectively monitored. This means that immediately after the legislation effective date (the date from which the Derogation applies), any applicant that has been granted a Derogation by VCA, MUST supply a vehicle list for the vehicles to be covered by the Derogation concerned.

12 Page 12 of 12 NRMM AND TRACTOR FLEXIBILITY SCHEMES The application form and VCA Guidance Notes plus some third party EU Flexibility guidance publications are available through our self-service page on the website: Completed applications and queries should be sent to We also deal with Locomotive Derogations, but this has its own form, please us for details of this scheme and the application form, again use Queries on this information notice should be addressed to: Legislation Manager Vehicle Certification Agency, 1 The Eastgate Centre, Eastgate Road, Bristol, BS5 6XX, United Kingdom Website: