Summary of Requirements

Transcription

1 Update on proposed amendments to Braking Regulations for; Passenger vehicles (M2 and M3 categories) Goods vehicles (N category) And Trailers (O category vehicles) Dear Stakeholder, Currently, the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 and its amendments (CE&U) prescribe the braking requirements of mechanically propelled vehicles and trailers when used on Irish roads, however these requirements are not in line with those in place in best practice European countries and therefore require updating. The Road Safety Authority believes that CE&U and Entry Into Service regulations must be amended to endeavour to ensure that vehicles entering the Irish fleet are fitted with a high standard of braking devices and that the standard of these braking devices is maintained throughout the lifetime of the vehicle. The requirement to comply with the technical provisions of the EC / UNECE braking regulations will become mandatory for road vehicles and trailers in accordance with the European Communities Whole Vehicle Type Approval Framework Directive (2007/46/EC) over the next five years (note: agricultural vehicles are outside the scope of this Framework Directive). However, the RSA is proposing that the measures be introduced earlier because of the safety critical nature of vehicle braking. A consultation was carried out outlining proposed changes to the braking requirements in Irish law and 1428 stakeholders were consulted. The stakeholders contacted included vehicle manufacturers and convertors (150), vehicle distributors (1200), members of the Gardai Siochana (8), State Agencies and relevant RSA staff and consultants. The consultation document was circulated to a wider audience by certain stakeholders contacted. For example, the document was circulated internally by the Gardai Siochana Traffic Corps, by the UK Society of Motor Manufacturers and Traders (SMMT) whose membership base comprises of more than 600 organisations. The consultation document was also uploaded on the Road Safety Authority s webpage ( and stakeholders were invited to express their views on the proposed legislation by 6 th March 2009.

2 Feedback was received from stakeholders and there was widespread support for the measures proposed to update the standard of braking devices for new passenger and goods vehicles entering the Irish fleet. In addition, there were also a significant proportion of respondents who pointed out the importance of including trailers in the scope of vehicles affected by changes made to braking requirements and that the prescribed standard of braking devices should be required, not only when the vehicles are new, but also maintained during the life of these vehicles. Specifically attention was drawn to the importance that all trailers with a maximum mass in excess of 3.5 tonnes are fitted (in accordance with EC/ ECE requirements) with ABS or EBS in order to decrease the likelihood of trailer swing. Taking all submissions into account, the main conclusion of the consultation is that the Authority is now in a position to propose to the DoT that the braking amendments as set out in the consultation document should all be adopted. Further conclusions are that: i) trailers (category O vehicles) should be included in the scope of vehicles which will be required to comply with the essential construction, fitting and performance requirements of either the EC braking directive (71/320/EEC as amended by 98/12/EC) or the UN/ECE braking regulation ECE 13.09; ii) the requirements at entry into service should be also requirements within CE&U so (in addition to the proposal that were in the consultation that ABS should be considered an essential part of the foundation braking, tractors and trailers combinations should have compatible braking, and that the ISO 7638 ABS connector must be used if present) it will mean for example that manual shut off devices and manual slack adjusters would not be legal for vehicles entering the fleet after the introduction of the Regulations. In relation to implementation dates, it is proposed that the new Regulations will come into operation on 1 January As drafted, the legislation will require that new passenger (M2 and M3) and goods (N1, N2 and N3) vehicles, presented for registration from 1 January 2010 onwards comply with the new braking requirements (as outlined in the consultation document). It is also proposed in the draft legislation that medium and heavy trailers (those in excess of 3.5t GVDW) presented for registration after 1 January 2010 and light trailers (those with GVDW less than 3.5t) manufactured after that date comply these new braking requirements. As there is a significant trailer manufacturing industry and importation business in Ireland, it is important that these stakeholders are made aware of the RSA s proposed changes to the braking requirements and should the draft legislation be signed by the Minister for Transport, only new trailers equipped with the prescribed braking devices will be permitted to enter the Irish fleet.

3 In addition, the proposed requirement that the standard of braking devices (including ABS) is maintained throughout the lifetime of vehicles will be of importance to all operators and users of these vehicles. In the table that follows, a summary of the braking requirements is presented for new trailers entering into service if the Regulations are introduced. (Note, this table only presents a summary of the basic braking requirements for trailers of various categories and reference to the EC Directive or the UN/ECE Regulations for the detailed technical prescriptions should be made.) Summary of Requirements Trailer Type (In all cases, the performance requirements prescribed in the applicable Regulatory Act 1 must be met for vehicles entering into service and maintained throughout the inservice lifetime of the trailer) O1 Very Light Trailer -Less than 0.75t GVDW Service Brake not a Requirement However if a service brake is fitted, it must comply with the requirements of the EC Directive or UN/ECE Regulation 02 Light Trailer - Over 0.75t GVW and not more than 3.5t GVDW Must be equipped with; Service braking system (continuous or semi-continuous), and Anti-lock braking system (ABS) or electrical braking system (EBS), with appropriate ISO 7638 connection Or inertia (overrun) type braking system only applicable for trailers other than semi-trailers Medium Trailer - Over 3.5t GVW and not more than 10t GVDW Heavy Trailer Over 10t GVDW Must be equipped with; Service braking system (continuous or semi-continuous) acting on all wheels and Anti-lock braking system (ABS) or electrical braking system (EBS), with appropriate ISO 7638 connection Must be equipped with; Service braking system (continuous or semi-continuous) acting on all wheels and Anti-lock braking system (ABS) or electrical braking system (EBS) with appropriate ISO 7638 connection Where; GVDW is Gross Vehicle Design Weight and all weights listed are in metric tons 1 EC braking directive 71/320/EEC as amended by 98/12/EC, or UN/ECE braking regulation ECE 13.09

4 The Authority now believes that the proposed amendments to legislation can be forwarded to the Department of Transport with a view to being signed by the Minister. In Appendix 1 that follows, more details of these final proposals with emphasis on the effect of the addition of the inclusion of trailers within the scope of the proposals can be found. Yours sincerely, Tom McHale Principal Engineer Head of Vehicle Standards

5 Appendix: Detail of Final Proposals Proposed Amendments to the CE&U Regulations Post registration, all vehicles on Irish roads must comply with the Construction, Equipment, and Use Regulations ( CE&U Regulations ). It is proposed that these Regulations are amended as follows; 1. It is proposed that vehicles including trailers first registered after the introduction of the Regulations shall comply with the essential construction, fitting and performance requirements of either the EC braking directive (71/320/EEC as amended by 98/12/EC) or the UN/ECE braking regulations (ECE or ECE 13H). These requirements will apply to all vehicles of categories M, N and O. Under the current Construction & Use of Vehicles Regulations , only certain categories of Heavy Good Vehicles (HGVs) are required to be fitted with ABS. If the RSA s proposal is adopted, all buses, trucks 3 and goods trailers 3 first registered after the introduction of these regulations will be required to have ABS (or EBS) fitted and that these systems are maintained throughout the lifetime of the vehicle. Accordingly, N1 (light goods) vehicles converted to M2 (e.g. minibus) after the introduction of the Regulations must be equipped with ABS after the conversion has been carried out. A further effect of the legislation will be to outlaw items such as shut-off devices which are not automatically actuated, and manually adjusted slack adjusters for vehicles registered after the introduction of the regulations. 2. Incompatible combinations of towing vehicles and their trailers create a serious safety implication for the effectiveness of brakes. For example, where the braking system in an old tractor unit is not compatible with a new trailer there may be insufficient power for the braking devices of the trailer, thus increasing the likelihood of trailer swing. The Authority propose to: (a) strengthen the existing regulations to explicitly require compatibility of braking systems on the towing vehicle and their trailers; and (b) also mandate the use of the ISO 7638 connector 4 when installed on the towing vehicle and trailer. These regulations will also apply to vehicles first used prior to the introduction of the legislation. 3. Engineering advice is that if a vehicle has ABS fitted then it must be maintained in working order because if the ABS is not working, the characteristic of the brakes is altered. Under the current requirements of CE&U, braking devices shall be maintained in good and efficient working 2 The Road Traffic (Construction and Use of Vehicles) Regulations, 2003 (S.I. No. 5 of 2003) 3 With maximum mass in excess of 3.5tonnes 4 The vast majority of Heavy Goods Vehicles operating within Ireland are equipped with an ISO 7638 connector which provides the electrical connection between the towing and towed vehicles, serving braking systems and running gear

6 order, however under the current draft proposals, the scope of braking devices shall be extended to explicitly include ABS (where fitted). This proposed amendment to the Regulation will place a responsibility on the vehicle operator to repair any fault in the ABS immediately. Proposed Amendment to Entry into Service Regulations The European Communities (Mechanically Propelled Vehicle Entry Into Service) Regulations 2007 (S.I. No. 448 of 2007) as amended by the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2008 (S.I. No. 195 of 2008) outline the requirements for new vehicles of categories M2, M3, N1, N2 and N3 presented for first registration. The RSA proposes that S.I. No. 448 of 2007 as amended by S.I. No. 195 of 2008 be amended in order to require compliance with either Council Directive 71/320/EEC as amended by 98/12/EC, or UN/ECE Regulations or 13H relating to the braking devices of mechanically propelled vehicles and trailers. If the RSA s proposals are adopted through the introduction of the appropriate legislation, manufacturers, importers, distributors and convertors of vehicles will be required to ensure that each new vehicle of category M2, M3, N1, N2 and N3 manufactured in a series of more than 500, is presented for registration accompanied by a certificate of conformity as set out in Schedule 3 of S.I. No. 448 of 2007 demonstrating compliance with either 71/320/EEC as amended by 98/12/EC (or later), UN/ECE Regulation (or later) or UN/ECE Regulation 13H from the time the Regulations come into force. Even though there have been amendments made to 71/320/EEC later than 98/12/EC, engineering advice is that these amendments have been non technical and that prescribing the requirements of the 98/12/EC amendment (or later) will ensure that our requirements are consistent with those in the UK and in line with Ireland s requirements of IVA and NSSTA as introduced in SI s 157 and 158 of The draft regulations recognise that approvals issued under the UNECE Regulations to which the Community has acceded as a Contracting Party to the UNECE 1958 Agreement, shall be considered as equivalent to an EC type-approval granted under the relevant separate Directive or Regulation.