Consultation on Vehicle Modifications Post registration vehicle modifications that affect vehicle safety and environmental performance 6 February 2013
Introduction The Road Safety Authority (RSA) is continuously striving to improve the standard of vehicles on Irish roads. As part of this on-going process, the RSA has dealt with the type approval of new vehicles, the regulation of written off vehicles (in conjunction with the Driver and Vehicle Computer Services Division), the standard of safety belts on buses and improvements to vehicle roadworthiness testing. Another area identified by the RSA which poses a significant risk to road users is Post Registration Vehicle Modification. Modifications to vehicles vary from simple cosmetic changes, such as adding a spoiler, to more radical changes to the vehicles construction, such as lowering a car s suspension, adding axles to a HGV or converting a van into a minibus. Ireland currently has no dedicated system or approval scheme to regulate such activity. In contrast, a number of Member states recently surveyed by the RSA all confirmed that they have dedicated control procedures in place to deal with vehicle modifications, post registration. In 2011, there were over 52,000 vehicle detail changes recorded in Ireland, some of which included changes to vehicle body type (2,531 e.g. van converted to a mini-bus), changes to a vehicle s weight (15,270) and the addition/removal of seats (2,373). In addition, research carried out by RSA Vehicle Inspectors indicated that, over the course of a year, in the region of 1000 heavy commercial vehicles had some form of safety critical modification identified at the commercial vehicle roadworthiness test. A modification that alters the structural strength of a vehicle can negatively impact its behaviour in the event of a collision. For example; the addition of seats and seatbelts can require major strengthening of a vehicle otherwise the level of protection originally intended is reduced (e.g. parts of a vehicles flooring may be too weak to support a safety belt anchorage). Some physical changes can also negate the benefits of a vehicle s design to protect vulnerable road users, such as the addition of non-approved Bull Bars or bonnet scoops which can cause more serious injury to a pedestrian or cyclist if involved in a crash. All road users should have assurance that vehicles, when modified, are not rendered unsafe and that the modification has been completed to an appropriate standard. Some vehicle modifiers adhere to the original manufacturer s guidelines and follow good engineering practice. However, roadside inspections have indicated that many substandard vehicle modifications which pose a threat to the driver and other road users currently exist. If a vehicle modification does not adhere to legislative and / or manufacturer s guidelines then the vehicle should not be allowed to use a public road. To deal with this, the RSA is proposing that preventative measures be put in place to better regulate vehicle modifications in this country and ultimately save lives. The RSA is now undertaking a review of the regulation, classification and safety issues associated with modifications to road going vehicles including cars, motorcycles, buses and trucks. Before recommendations to the Minister for Transport, Tourism and Sport are prepared we are seeking your comments and views. Consulting with individuals, companies, organisations and associations who would be interested in proposals to regulate vehicle modifications is an important part of this process. 2
We wish to ensure that the development of policy for regulating modified vehicles reflects the views and concerns of the Irish public. This review considers vehicle modifications that may have safety implications for an Irish road user (including vulnerable road users) and also those that may have environmental implications. Feedback from the public will assist in identifying the vehicle modifications that have the most significant road safety or environmental implications. This will help us determine those that need to be prioritised in respect of any future regulation. Summary of Consultation This document sets out Ireland s current policy and practice with respect to vehicle modifications and outlines clearly our concerns surrounding current practices. It also shows why we need to improve the way in which vehicle modifications are controlled in this country and proposes options for the future regulation of modified vehicles in Ireland. The objective of regulating vehicle modifications is to ensure that the safety and environmental benefits accruing from the original design and manufacture of a vehicle are retained throughout its life, even if certain modifications are made to the vehicle. The introduction of a modification approval scheme combined with supporting legislation will improve vehicle safety and standards by ensuring that any vehicle modifications are carried out to an acceptable standard, comply with the original manufacturer s recommendations and are legal. This consultation discusses two options for the regulation and control of vehicle modifications: 1. Self-declaration by vehicle owner 2. Introduce a dedicated approval process for vehicle modifications 1. Self-declaration by vehicle owner A self-declaration control procedure would legally require a vehicle owner to notify the Department of Transport, Tourism and Sport s, Driver Vehicle Computer Services Division (DVCSD) of any vehicle modification, and the DVCSD would be required to enter the modification details in the relevant National Vehicle and Driver File (NVDF) record. The vehicle owner would also be required to declare that a vehicle modification is of an appropriate standard and be responsible for having the necessary documentation to support this. 2. Introduce a dedicated approval process for vehicle modifications A dedicated approval process would place equal responsibility on the vehicle owner and vehicle modifier to ensure any modification is of an appropriate standard. It would legally require a vehicle modifier / owner to notify the DVCSD of a vehicle modification. The modified vehicle would then have to undergo an inspection and certification procedure to gain approval. It will also provide clear guidelines as to the appropriate standard for a vehicle modification along with a clear process to have it approved. There would be a further requirement that only parts which are fit for purpose, safe and in compliance with Road Traffic regulations can be fitted to a vehicle. 3
This document sets out in detail how the dedicated approval process will ensure a vehicle modification is carried out correctly. Such a process would also support those vehicle modifiers that currently carry out modifications correctly and give assurance to vehicle owners that any modifications made to their vehicle are safe and legal. A concern with all of the above control options is the difficulty with identifying certain vehicle modifications. This in turn leads to difficulties with enforcement. To overcome this we propose that a strong legal obligation be put on vehicle modifiers and the owners of modified vehicles to declare any vehicle modification to the Department of Transport, Tourism and Sport. Once identified in this way, modified vehicle enforcement would be far easier to undertake. Depending on the detail of final arrangements and obligations, amendments to existing legislation may be required. To ensure that any proposed vehicle modification approval process is readily implementable, we suggest it utilise, or be an extension of, existing systems and procedures. In this regard we have taken into consideration the way in which vehicle modifications are currently approved (e.g. inspection and certification by a Suitably Qualified Individual (SQI)), the current approval processes for new vehicles (Type Approval and NSAI Approved Test Centres (ATCs)) and also the way in which certain vehicle data is changed on the NVDF (extension of the DVCSD online service for change of vehicle ownership notices at www.motortrans.ie). 4
Contents Page 1. Current Situation in Ireland 7 2. International efforts to control vehicle modifications 9 2.1 United Kingdom 9 2.2 Australia 10 2.3 New Zealand 10 3. Proposed Future Developments Which May Effect Vehicle Modification Commercial Vehicle Reform 11 4. Proposed options for control of Modified Vehicles in Ireland 12 4.1 Self-declaration by vehicle owner 12 4.2 Dedicated approval process for vehicle modifications 13 4.2.1 Steps of Dedicated Approval Process 13 4.3 4.4 4.5 Issues associated with the proposed options for control Enforcement & Penalties for Use of an Unapproved Modified Vehicle Proposed legislative provisions for the vehicle modification approval scheme 18 20 21 5 Your Views 22 Appendix 1 - Safety and environmentally critical modifications 25 Appendix 2 - Other common modifications 28 Appendix 3 - Current Control of a Vehicle Modification / Modified Vehicles 34 5
Glossary The following terms / abbreviations are commonly used in this consultation document: DTTAS Department of Transport, Tourism ATC Approved Testing Centre and Sport CVR Commercial Vehicle Roadworthiness VSB Vehicle Standards Bulletin NVDF National Vehicle and Driver File NCT National Car Test NSAI National Standards Authority of LVV Low Volume Vehicle Ireland CoC Certificate of Conformity SQI Suitably Qualified Individual VOSA Vehicle Operator and Service Agency VRC Vehicle Registration Certificate VRT Vehicle Registration Tax LPSV Large Public Service Vehicle ECWVTA ICT DVCSD European Communities Whole Vehicle Type Approval Information and Communications Technology Driver and Vehicle Computer Services Division (also defined as the Appropriate Authority) PSVI ADR CVT An Garda Siochana Public Service Vehicle Inspector Australian Design Rules Commercial Vehicle Test Modify - in relation to a mechanically propelled vehicle, this means to change the vehicle from its original state by altering, substituting, adding or removing any structure, system, component / part or equipment, but does not include repair. Modify, 'Modified' and 'Modification' all have corresponding meanings. Fitness for purpose - when applied to a mechanically propelled vehicle, this means that the mechanically propelled vehicle is modified or constructed so that the vehicle, its structure, safety related systems, components / parts and equipment will carry out their functions safely, having regard to any increased burden or duty that the modifications or construction may place on them; Fit for purpose has the corresponding meaning. Repair - means to restore a damaged or worn vehicle, its structure, systems, components / parts or equipment; and includes the replacement of damaged or worn structures, systems, components or equipment with equivalent undamaged or new structures, systems, components or equipment. Suitably Qualified Individual is an individual (or company) who, by reason of his or her competence, experience and independence is an appropriate person to assess the fitness for purpose and safety of a vehicle. 6
1. Current Situation in Ireland It is not illegal to modify a vehicle once it meets the requirement of Irish Road Traffic legislation. Specifically this requires that all vehicles are in good and efficient working order and that they do not pose a danger. Enforcement of Road Traffic law is carried out by An Garda Síochána. There are currently measures in place to control the standard of new vehicles entering the Irish national fleet. For example; in order to be registered, a new vehicle must comply with the European wide common system of approval, known as European Community Whole Vehicle Type Approval. However, for existing vehicles already in service, Irish Road Traffic legislation is the primary measure which sets the minimum requirements to which a vehicle must adhere. Unfortunately this legislation is lacking in specific actions to provide for control of vehicle modifications. Currently a modified vehicle may come under some form of fragmented control from various public bodies in Ireland (other than roadside enforcement by the Gardaí). For example: Road Safety Authority (Roadworthiness Testing) If during an NCT or CVT, a vehicle modification is found to have safety implications, certification will be required before a pass statement is issued. Currently the NCT tests vehicles for excessively noisy exhausts and/or tinted windows. If these exceed predefined limits the vehicle will fail their roadworthiness test. This action has been supported by targeted enforcement by the Gardai. An Garda Siochana (LPSV Licensing) as well as targeted enforcement at the roadside, An Garda Siochana inspect buses that are to be licensed for use transporting passengers for hire or reward. National Standards Authority of Ireland (NSAI) EC Whole Vehicle Type approval is currently a mandatory requirement on new passenger cars, motorcycles, minibuses, buses, coaches, trucks, trailers and vans. Revenue Commissioners - Vehicle Registration Tax is due upon registration of a vehicle and if a vehicle has been modified it may be subject to additional VRT. Local Authorities (Motor Tax Offices) Vehicle owners must pay motor tax on their vehicle and certain changes to the vehicle must be declared by filling out an RF111 form. While a limited form of control for vehicle modification currently exists, there are quite a number of gaps within the current system. For example; Control of the vehicle modification is not the primary function of the above mentioned public bodies. These bodies would not provide the necessary assurance that a vehicle modification is of an appropriate standard. No obligation exists for a vehicle owner to declare the modification. Due to the time interval between each roadworthiness test a modified vehicle may spend months or years in service before scrutiny. (e.g. NCT first test is at 4 years) Individuals in a public body may not be technically competent to identify the modification and assess whether it s fit for purpose and safe, especially if it s complex or hidden. 7
The details of a vehicle s modification are not always centrally collated and therefore may not be reflected on the NVDF and consequently on the Vehicle s Registration Certificate (VRC). A vehicle modification identified and approved / regularised by one body may not be communicated to another (e.g. a modified bus being roadworthiness tested and then inspected for a PSV licence). If the public body requires a third party (e.g. SQI) to inspect and certify that a modified vehicle meets minimum requirements, they currently have no assurance that the third party possesses the necessary competencies to be able to undertake such a procedure. Appendix 3 gives more detailed information on the fragmented control of modified vehicles by the public bodies mentioned above and the perceived flaws with each system. Another current system of notification of vehicle modifications is through insurance companies. All vehicle modifications must be specified on a vehicle s insurance policy and therefore the vehicle insurer must be notified by the vehicle owner if the latter modifies his/her vehicle. If this is not done, the modification may invalidate the vehicle s insurance and if involved in a collision, a vehicle insurer may refuse to process a claim on the basis that a vehicle has been modified and they were not subsequently informed. Modifications in this regard can be as minor as fitting alloy wheels. 8
2. International Efforts to Control Vehicle Modifications 2.1 United Kingdom The UK currently has a post registration modification approval scheme which includes a Notifiable Alterations Scheme for commercial vehicles (goods vehicles and PSV s). This scheme contains provisions such as the central recording of vehicle modification data, approved inspection facilities and approval for certain vehicle modifications without inspection. The UK s Notifiable Alteration Scheme is concerned with modifications to a goods vehicle if the modification involves changes to a vehicle s chassis or body or other critical components (such as steering, suspension, wheels or axles, brakes and engine), its statutory weights and dimensions plate or tax classification. Such modifications require the vehicle owner to notify VOSA by filling out a declaration form. VOSA, after inspecting this form, will decide the appropriate action the vehicle owner will take to have the alteration approved. To ensure that vehicle owners notify VOSA of any alterations made to their vehicles, the periodic roadworthiness inspection includes a comprehensive check against the vehicles description on the national vehicle database. If the vehicle does not match its description on this database then it will not pass its roadworthiness inspection. In addition, vehicles which have been radically altered (one which has been altered from its original specification) may need to be re-registered. The Driver and Vehicle licensing Agency (DVLA) in the UK uses a points system when issuing a registration number for a radically altered vehicle. For a vehicle to keep its original registration number it must score eight or more points. If a radically altered vehicle scores less than eight points on inspection or if a second-hand or modified chassis or altered car body (monocoque bodyshell) is used a vehicle will need to be reregistered. To be reregistered the vehicle will have to successfully complete a UK Type Approval based inspection procedure (e.g. Individual Vehicle Approval (IVA)) When reregistered by the DVLA the vehicle will be given a 'Q' prefix on its registration number to identify it as a radically altered vehicle. 9
2.2 Australia In Australia the owner of a modified vehicle must submit a Vehicle Modification Application to their respective local government office and the details of the vehicle s modification would be recorded on the Department of Transport and Main Roads vehicle register. Australia also have developed a comprehensive set of guidelines, issued as a National Code of Practice document (incorporating Vehicle Standards Bulletins (VSB)), to ensure vehicle modifications are of an appropriate standard. The intent of these documents is to set down national technical requirements and specifications which must be adhered to when modifying (or constructing) a vehicle. While specific details are given in these guidelines the original manufacturer s (or component manufacturer s) guidelines / specifications are heavily relied upon in each document as guidance of how a vehicle modification should be carried out. As a result persons carrying out or certifying vehicle modifications must ensure that all applicable manufacturers recommendations are complied with and that the vehicle s compliance with Road Traffic Regulations is not invalidated even in trying to comply with the Code of Practice requirements. Certain vehicle modifications must be certified by Engineering Signatories who are only entitled to assess and certify vehicles and modifications within their range of qualifications, training and experience. Most jurisdictions have a list of Signatories and their allocated areas of work. Records of the vehicle modification must be retained for a minimum of 7 years by the Engineering Signatories and must be available for inspection by officers of the relevant authority. 2.3 New Zealand The Transport Agency advise vehicle owners to invest in ensuring that a vehicle modification is carried out properly, stating that while it might cost them more upfront, it could save their life. If heavily modifying a vehicle, the New Zealand authorities require a vehicle owner to declare a vehicle modification and then get Low Volume Vehicle (LVV) certification for the modified vehicle. LVV certification is proof that a vehicle modification is of a required standard. A LVV certifier will inspect a vehicle modification, and where a modification meets specified standards, the certifier will arrange to get a LVV certification plate which they will then fit it to a permanent part of the vehicle. Without the LVV plate a modified vehicle cannot be legally driven on a public road. The modifications identified by the Transport Agency as most likely to require LVV certification are: Modified suspensions, Engine conversions or modifications, Racing seats and Steering modifications. 10
3. Proposed Future Developments which May Effect Vehicle Modifications Commercial Vehicle Reform A detailed comparison of a vehicle against its Vehicle Registration Cert (VRC) or recorded NVDF details will be an important part of identifying certain vehicle modification at the roadworthiness test. In the forthcoming reforms to commercial vehicle roadworthiness (CVR) testing a new Commercial Vehicle Operator Information System ( CoVIS ) is being developed for recording vehicle testing information. This system will interface, display and exchange information with the NVDF. Any discrepancies against a vehicles recorded details identified by a vehicle inspector as part of a commercial vehicle test will be noted and fed back to the DVCSD who will then take the appropriate action to update that vehicle s records on the NVDF (the NCT currently undertake a similar process for cars). As a result CoVIS will allow for a more detailed comparison of a vehicle against its VRC and NVDF details to take place. Being able to do so will assist in the identification of certain commercial vehicle modifications. RSA Vehicle Inspectors will have access to the CoVIS ICT system at roadside inspections. As a result a vehicle inspector will be able to compare the physical attributes of a vehicle being inspected at the roadside against its recorded details and take action where a modification is discovered. 11
4. Proposed Options for Control of Modified Vehicles in Ireland Due to the number and standard of modifications taking place on Irish vehicles, and their possible impact on safety and the environment, we believe a process should be developed for regulating vehicle modifications to ensure that they adhere to the vehicle s original manufacturer s specifications and standards, employ good engineering practice and abide by Irish Road Traffic Regulations. We have already identified gaps in the various ways a vehicle modification is dealt with in this country and taking these into consideration, we have identified two options for the control of modified vehicles in Ireland. These are: Self-declaration by vehicle owner Introduce a dedicated approval process for vehicle modifications 4.1 Self-declaration by vehicle owner As the responsibility of ensuring a vehicle is roadworthy and safe when in use on a public road ultimately rests with the vehicle owner / driver, a case could be made that it is also the vehicle owner / driver s responsibility to ensure that a modification to their vehicle is of an appropriate standard. To fulfil this obligation a vehicle owner would be required to declare that a vehicle modification is of an appropriate standard and would also be responsible for having the necessary documentation to support this. A vehicle owner would also be legally obliged to notify the Department of Transport, Tourism and Sport s DVCSD of modifications that have been carried out to their vehicle and the DVCSD would be required to enter the modification details in the relevant National Vehicle and Driver File (NVDF) record. To facilitate this, an online system would be developed that allows vehicle modifiers / owners to self-notify a vehicle modification. Such a system would also interface with, and automatically update, the NVDF. This would be the point at which specific details of the vehicle modification are recorded. The benefit of this system would be its ease of implementation. A generic self-declaration form could also be readily drafted that a vehicle owner would then complete for a vehicle modification and transmit to the DVCSD for processing. Public bodies could also request this declaration form upon identifying a vehicle modification as proof that the modification is of an appropriate standard. However, as a modified vehicle would not be required to go through an independent inspection and certification procedure we would have concerns that this may result in variations in the standard of modified vehicles. We also envisage some difficulties with placing exclusive responsibility on a vehicle owner to prove a vehicle modification is of an appropriate standard. When provided with support documentation concerning the standard of a modification, the vehicle owner may not be technically competent to determine if this documentation is sufficient to meet 12
their legal obligation. Most critically, a vehicle owner may not be able to determine if a modification renders a vehicle in an unfit, defective or unsafe state. 4.2 Dedicated approval process for vehicle modifications A vehicle owner relies on the vehicle modifier to have the necessary expertise (including: equipment, training and accreditation) to carry out their work correctly. Therefore we believe it reasonable to place an equal responsibility on both the vehicle owner and vehicle modifier to ensure that a modification is of an appropriate standard. This legal obligation for the vehicle modifier / owner would form part of a dedicated approval process. By doing so we are supporting the owner s expectation that a vehicle modification is fit for purpose and safe. There are numerous businesses / organisations currently engaged in some form of vehicle modification. A dedicated approval process for vehicle modifications would also support those vehicle modifiers that currently carry out modifications correctly. It would provide clear guidelines as to the appropriate standard for a vehicle modification and a clear process to have it approved. These guidelines would include a requirement to only fit parts which are fit for purpose, safe and in compliance with Road Traffic regulations. The guidelines would also require that modification work that does not involve the fitting of a part (such as body panel work or reworking an existing part (e.g. remapping of a vehicle s electronic control unit (ECU)) also complies with applicable vehicle or components standards. This modification approval process would ensure that those vehicle modifiers who do not currently follow good engineering practice or adhere to an appropriate standard would have to do so in the future. Otherwise the modifications they carry out / vehicle s they modify would not get approval. 4.2.1. Steps of Dedicated Approval Process The National Standards Authority of Ireland (NSAI) and the Driver and Vehicle Computer Services Division (DVCSD) would have an important function in the dedicated approval process. The NSAI would be responsible for issuing approvals for a vehicle modification. The DVCSD would update the National Vehicle and Driver File (NVDF) upon having a vehicle modification declared to them. The following outlines the RSA s proposed five step system of vehicle modification control and approval including: who to inform, how a modification / modified vehicle would be approved, the standard that would apply and penalties for use of an unapproved modified vehicle on a public road. 13
Step 1: Declare the Vehicle Modification to DVCSD Vehicle modifiers / owners would be legally required to declare to the DVCSD any vehicle modification they carry out. The DVCSD would put a flag against the record of the modified vehicle on the National Vehicle and Driver File (NVDF) until the modification has been approved. As with the self-declaration regulation procedure, an online system would be developed that allows vehicle modifiers / owners to self-notify a vehicle modification. (Please see Figure 1). Such a system would also interface with, and automatically update, the NVDF (i.e. flag a modified vehicles details on the NVDF). It would also be the point at which specific details of the vehicle modification are recorded. Figure 1 14
Step 2: Inspection of a Modified Vehicle After notifying the DVCSD of a vehicle modification, the vehicle modifier / owner would then be required to contact the NSAI to determine the necessary inspections / tests / certification for a modified vehicle / vehicle modification that must be completed to get approval. We propose that a modified vehicle would only be inspected / tested / certified by an NSAI Approved Test Centre (ATC). The NSAI will provide the vehicle modifier / owner with a list of Approved Test Centres (ATC) that can carry out such tests. The vehicle modifier / owner will engage an ATC(s) to carry out the required tests. The ATC will compile a test report and this will be issued to the NSAI and vehicle owner / modifier. The NSAI will consider the test report and determine if the vehicle modification / modified vehicle is of an appropriate standard to be approved. If a vehicle modifier or owner can supply sufficient information to the NSAI, as evidence of a vehicle modification meeting the appropriate standard, then the number of tests / inspections the vehicle would ordinarily have to undertake may be reduced. This may also happen if the NSAI are satisfied that the procedures and processes used by a vehicle modifier to carry out a vehicle modification would result in that modification / vehicle being of an appropriate standard. To do so the NSAI may inspect a vehicle modification facility. Both of the above are at the complete discretion of the NSAI. On approving a vehicle modification, the NSAI will electronically notify the DVCSD. The DVCSD will update the NVDF records for the vehicle where necessary (e.g. as a result of changes that may have taken place to the number of axles / seats / etc. on the modified vehicle). However, we propose that the vehicle modification flag on the NVDF will remain in place until the vehicle has successfully passed a roadworthiness test. To become an ATC an individual / company would have to apply to the NSAI for approval. Such approval would identify the competencies of the inspection facility / individual and the modifications that can be approved by such a facility / individual (i.e. scope of approval). Approval as an ATC would be available to all companies / individuals able to demonstrate they are familiar with the national minimum technical standards for unregistered / registered vehicles and have the expertise, testing facilities and equipment necessary to undertake a comprehensive modified vehicle inspection. ATCs currently undertake national Type Approval vehicle testing for the NSAI, however the NSAI have indicated that they will extend the remit of ATCs to include the inspection of modified vehicles. 15
Step 3: Vehicle Modification Standard The most critical guidelines a vehicle modifier must adhere to when modifying a vehicle is the original vehicle manufacturers design specifications. If a vehicle is to be modified correctly then this information must form the basis of any work carried out to the vehicle to ensure it is fit for purpose and safe. The modified vehicle should also adhere to the appropriate requirements of Road Traffic regulations and Type Approval or Entry into Service standards as set out in European and National regulations. Any inspection carried out on a modified vehicle should ensure this is the case. Modifications that may have an influence on certain safety critical features of a vehicle should always be certified by the original vehicle manufacturer (e.g. modifications to a vehicles braking system). This will require the vehicle modifier to engage with the original vehicle manufacturer to ensure the work they carry out is in accordance with manufacturer s requirements and would not negatively impact on any of the vehicle s safety critical components or systems. Only the vehicle manufacturer would be able to confirm this. It is also important at this point to include a provision in Road Traffic legislation that would set requirements for the Control of Fitment of Vehicle Parts in a similar manner as set out for the control and supply of new or used vehicles. The 1968 Road Traffic Act 1 already contains a provision 2 that allows the Minister to make regulations to control the importation, supply and fitment of vehicle parts that do not comply with Irish Road Traffic Regulations. A similar obligation already exists for car manufacturers / importers / distributors / dealerships and garages when selling or supplying new or used vehicles. The Road Traffic (Control of Supply of Vehicles) Regulations 3 makes it an offence to supply, or offer to supply, a new or used motor vehicle, trailer or semi-trailer which does not comply with Irish Road Traffic Regulations with regards to the construction, equipment and lighting of vehicles. Regulations developed to control the fitment of vehicle parts would support any system for the approval of vehicle modifications as it would prohibit using a part(s) on a vehicle that do not comply with Road Traffic regulations or that would render the vehicle non-compliant with these. 1 Act No. 25 of 1968 2 Section 9. Control of importation, etc, of vehicle parts. 3 S.I. No. 35 of 1991 16
Step 4: Modified Vehicle and the Roadworthiness Test A modified vehicle could also be required to undergo a standard roadworthiness test in advance of its next scheduled test date. If previously tested, a vehicle in its modified form may be substantially different to that when it was last tested (e.g. commercial van converted to a mini-bus). Therefore we would consider its previous roadworthiness test to be unrepresentative of the modified vehicle. As a result we propose the modified vehicle would have to undergo a new roadworthiness test and the due date of the modified vehicles next roadworthiness test could be calculated from the date this test was carried out. Whilst this roadworthiness test would not consider if a vehicle modification is of an appropriate standard it would check that the brakes, steering, suspension, etc, are all functioning correctly on the modified vehicle. A fail item could also be introduced at the roadworthiness test for a vehicle modification that does not have the correct approval / certification showing it to be of an appropriate standard. Step 5: Removal of Flag The DVCSD would require evidence that a vehicle modification is of an appropriate standard before removing the modified vehicle flag of the vehicle s NVDF records. This evidence will be provided electronically by the NSAI (Figure 2). Confirmation would also be required that the modified vehicle has passed a roadworthiness test after the modifications have been carried out. By successfully undertaking this 5 step process, a vehicle modification / modified vehicle will be shown to be of an appropriate standard and as a result will not present an increased road safety risk to any road user and will be legal to use on a public road. 17
Figure 2 4.3 Issues associated with the proposed options for control Currently there are difficulties associated with identifying vehicle modifications that are not visually (or otherwise) obvious (e.g. modifications such as engine chipping, replacement seating / safety belt installation, suspension changes). This is a concern as it makes enforcement of illegal vehicle modifications very challenging for the Gardai. This difficulty remains for the proposed control procedures. Only those individuals having a great degree of technical familiarity with a vehicle s specifications / requirements (i.e. vehicle manufacturer s mechanic / technician), and in some cases utilising specific diagnostic equipment, will be able to determine conclusively if certain modifications to a vehicle have taken place. As evident in Table 1 below, the identification of a vehicle modification may be a concern for the Self-declaration and Dedicated Approval Process control procedures if a vehicle owner breaks the law and does not declare a vehicle modification (as we propose would be legally required). 18
Table 1: Performance of each control option in respect of seven significant issues (Benefit weighting - Low, Medium, High) Current situation and proposed options for control of a vehicle modification Issue Current Situation Option 1: Self-declaration Option 2: Dedicated approval Modification identification Defined approach modification approval Appropriate standard vehicle modification Assurance to for modification is of appropriate standard Enforcement of an vehicle modifications Cost to vehicle owner Tangible road safety benefit Low Difficulty identifying vehicle certain modifications. No obligation for vehicle owner to declare a modification. Low Fragmented approach to modification approval Low No definition of appropriate standard for a vehicle modification. Low No positive check to ensure a vehicle modification is of an appropriate standard. Low difficulty with identifying certain vehicle modifications. Medium Safety critical vehicle modifications are currently required to have certification from SQI. Low No guarantee a modified vehicle is fit for purpose and safe. Medium Vehicle owner legally required to declare vehicle modifications to the DVCSD. Low - If vehicle owner does not declare a modification. Medium Standardised process requiring vehicle owner to declare that a vehicle modification is of an appropriate standard. Medium Defined appropriate standard that a vehicle owner should be able to provide evidence in support of selfdeclaration. Low No positive check to ensure a vehicle modification is of an appropriate standard. Medium Only declared vehicle modifications will be recorded by the DVCSD and can therefore be readily enforced. Low difficult to identify certain undeclared modifications. vehicle Medium Vehicle owner would be required to ensure vehicle modifications are of an appropriate standard. Low No guarantee a modified vehicle is fit for purpose and safe. process Medium Vehicle modifier / owner legally required to declare vehicle modifications to the DVCSD. Low - If vehicle owner / modifier does not declare a modification. High Standardised approval process a vehicle modifier / owner must adhere to when having a vehicle modification approved. High Defined appropriate standard for a vehicle modification that a vehicle modifier must adhere to. High Positive check available to ensure a vehicle modification is of an appropriate standard. Medium Only declared vehicle modifications will be recorded by the DVCSD and can therefore be readily enforced. Low difficulty to identify certain undeclared vehicle modifications. Medium Vehicle owner would be required to ensure vehicle modifications are of an appropriate standard. High Guarantee that an approved modified vehicle is fit for purpose and safe. 19
4.4 Enforcement & Penalties for Use of an Unapproved Modified Vehicle Enforcement of Road Traffic Law is primarily carried out by An Garda Síochána. However, members of An Garda Síochána may not be technically capable of identifying (or have the necessary equipment available to them) a vehicle modification at a roadside inspection, especially if the modification is not apparent. When the DVCSD has been notified of a vehicle modification this information will be recorded against the vehicles details on the NVDF. As the NVDF regularly updates the ICT systems of An Garda Síochána, this data on a modified vehicle could be used for subsequent enforcement activities by the relevant authorities (e.g. possible utilisation of the Gardai s Automatic Number Plate Recognition (ANPR) system). The RSA proposes that legislation would include particular sanctions and penalties in respect of vehicle modifications. The penalties would need to be both proportionate and dissuasive so as to ensure that vehicle modifiers and owners declare a vehicle modification to the DVCSD and also ensure that the modification is of an appropriate standard These penalties would exist for the a) use of a modified vehicle on a public road where details of the modification has not been entered in the relevant NVDF record, and b) use of a modified vehicle on a public road, where the modification has been recorded on the NVDF but has not been approved by the NSAI as being of an acceptable standard. We suggest that in these cases the driver / owner would have their vehicle seized and would receive a direct summons to court and penalty points on conviction. The seized vehicle would have to undergo mandatory inspection and certification before being released to the vehicle owner. The costs associated with these would be charged to the driver / owner of the vehicle. An offence could also be included for the supply of an unapproved modified vehicle (by a person or a person in the motor trade) and possibly a requirement for a seller to inform the purchaser of a vehicle s modification. Where a modification has not been declared and / or approved it will be important that upon being identified by a public body it would be obliged to get approval. In the future, upon identifying a vehicle modification, the various public bodies discussed earlier will be required to notify the DVCSD electronically (please see Figure 3). 20
Figure 3 4.5 Proposed legislative provisions for vehicle modification approval scheme For a modification approval scheme to be successful it must have a sound basis in law. We propose that provisions be included in Road Traffic legislation for such a scheme in Ireland. Foremost in this will be a clear definition of a modified vehicle in Road Traffic legislation. Legislation should also set out the appropriate action to be taken by vehicle owners, vehicle modifiers, state bodies and enforcement agencies when dealing with a modified vehicle. To achieve this we propose that the legislation for a modification approval scheme would contain provisions: requiring a vehicle modification to be declared to the Minister for Transport Tourism and Sport for entry to the NVDF records (function to be carried out by the DVCSD) for when a modified vehicle cannot use a public road for a process to have a vehicle modification approved which would include a register of facilities that can inspect a vehicle modification penalties for using an unapproved modified vehicle on a public road for the action to be taken by public bodies to ensure a modified vehicle, if identified, has the appropriate approval requiring approved modifications to be declared to the Minister for Transport Tourism and Sport for entry to the NVDF records (function to be carried out by the DVCSD) 21
5. Your Views Please use the questionnaire below when responding to this consultation document. Appendix 1 sets out the main safety and environmentally critical modifications which should be considered a priority for inclusion in the proposed control procedure / approval process. Appendix 2 sets out other common modifications for which guidelines may be introduced at some point on the future. The RSA welcomes feedback on all vehicle modifications. Questions for all Irish road users, interested parties and the general public Question 1. Please identify the vehicle modifications that you believe to be a danger to other road users (give additional details where necessary) 2. Please identify the vehicle modifications that you believe to be a nuisance to other road users and the general public (give additional details where necessary) 3. Do you think the vehicle modifications should be regulated? 4. If you believe vehicle modifications should be regulated please set out your preferred option: Section for reference 1 & Appendix 1 &2 1 & Appendix 1&2 1, 2, Appendix 1 & 2 4 Response Self-declaration by vehicle owner Introduce a dedicated approval process for vehicle modifications 5. Why did you choose this option for the regulation of vehicle modifications? Table 1, 4 22
6. Have you views on what is the best way to identify vehicle modifications? 4 (please set out clearly the type of vehicle modification and how it would be identified) 7. Have you views on what is the best way to enforce the regulation of vehicle modifications? 4.4 (please set out clearly the type of vehicle modification and how it would be enforced) Additional questions for Vehicle modifiers / Automotive Industry / Vehicle Insurers / Owners of modified vehicles / Public Bodies 8. What vehicle modifications are of interest to you: Appendix 1 & 2 a. modifications to commercial vehicles (goods or passenger vehicles) b. conversion of a goods vehicle into a passenger vehicle (e.g. van to mini-bus) c. performance or cosmetic enhancements to passenger cars or motorcycles (set out the specific vehicle modification e.g. fitting bodywork to a truck, coil-over suspension on a car or performance exhaust on a motorcycle) 9. What are the benefits (economic or otherwise) of being able to carry out such a modification(s)? 10. Is there a road safety concern with such a modification(s)? 11. In your opinion what is the appropriate standard that should apply when undertaking this type of vehicle modification(s)? Appendix 1 & 2 Appendix 1 & 2 4, Step 2 23
Additional comments from all Irish road users, interested parties and the general public 12. Have you any other comments? Who to contact with your views The consultative process commences on the 6 February 2013 and lasts until 20 March 2013. Comments should be e-mailed to: modsconsultation@rsa.ie or posted to: Vehicle Modification Consultation Vehicle Standards Section Road Safety Authority Moy Valley Business Park Primrose Hill Ballina Co Mayo 24
Appendix 1 Appendix 1 sets out the main safety and environmentally critical modifications to assist you in your consideration of those which you believe should be included in the proposed control procedure / approval process. Common Modifications to Passenger Cars Exhaust systems Exhaust systems that do not comply with Irish or European Legislation and the vehicle manufacturers requirements may result in excessive vehicle emissions and / or noise pollution. Incorrectly fitted exhaust systems may permit direct access of dangerous exhaust gases to the passenger compartment. Fuel systems (including chipping) Modifying a vehicles fuel system by remapping a vehicle s ECU, chipping a vehicle or addition of nitros oxide injection equipment may have an effect on the vehicles emissions and emission control systems. Such changes may be either to improve a vehicle s fuel economy or to increase engine power. If remapping, chipping or fitment of a nitros oxide system significantly increases the power output of a vehicle s engine then its brakes, suspension and tyres may not then be adequate. Lowering or raising of vehicles including modification to drive train components Altering the road clearance / ride height of a vehicle or the stiffness of its suspension may have a detrimental effect on its handling and stability. The welding, chrome plating, heating or bending of axles, suspension and steering components can alter the mechanical properties of these components and as a result, their performance. Fabricating and fitting additional components that are not approved for the vehicle s suspension system may negatively affect a vehicle s handling. Permanently locking a differential by welding or other means has a dangerous effect on the handling of a vehicle. A minimum amount of ground clearance should be maintained for a road vehicle. Complex Modifications to Passenger Cars Engine Substitution Turbocharger and Supercharger Installation Transmission Substitution Rear Axle Replacement 25
Differential Substitution Brake System Substitution Passenger Vehicle Extended Wheelbase Conversion (e.g. limousine) Roll Bar and Roll Cage Installation Seating Capacity Alteration and Seat Belt / Restraint Installation Fuel Tank Alteration Steering Conversion Modifications to Commercial Passenger Vehicles (Buses, minibuses) Additional seating and safety belt installations or changing a bus s seating layout or safety belt installations Over the course of a bus s / large public service vehicle s life, seats and safety belts may need to be replaced due to wear and tear or relocated due to a specific transport use (e.g. carriage of wheelchairs) Additional glazing New bodywork, exits, steps or ramps Changes to the vehicles operational / design weight Redesign / replacement of significant parts of the vehicle (e.g. fuel tanks) Lengthening of a bus chassis 26
Modifications to Commercial Goods Vehicles (Trucks, Vans) Conversion of a goods vehicle to a passenger carrying vehicle (e.g. making a van into a passenger car changing EU vehicle category from N to M) The addition of seats and seatbelts can require significant strengthening of the vehicle being modified. Otherwise the seat / safety belt installation will be less effective, or ineffective, in the event of an accident, resulting in significant detrimental effects to passenger safety. Chassis modifications Additional axle(s) New (or replacing the) body on an existing goods vehicle chassis (including converting an articulated tractor unit into a rigid truck) Addition or modification of coupling devices Changes to a vehicle s design or plated weight Change in EU vehicle category (e.g. N2 N1) Change to EU vehicle body type (e.g. tractor unit to rigid vehicle) Fitment of cranes or other lifting devices. Increasing a vehicles load carrying capacity Fitment of additional axle(s) to a goods vehicle or increasing the size of its body would be commonly undertaken to increase a vehicle s payload capacity. A vehicles load carrying capacity may also be increased by the addition of towing / coupling devices. Additional axles that do not comply with manufacturer s specifications may affect a vehicle s braking system and handling characteristics. A vehicle may not be designed for towing a trailer or fitted with a towing / coupling device that is not correctly rated for the vehicle. While a vehicle may have the correct number of axles for a legal maximum weight, or the required bodywork volume to carry a heavier payload, other components of the vehicle (brakes, suspension, gearbox) may not be designed to operate at the increased weight. 27