Commission Delegated Regulation (EU) No 44/2014Show full title

CHAPTER I SUBJECT MATTER AND DEFINITIONS

Article 1 Subject matter

1. This Regulation establishes the detailed technical requirements and test procedures regarding vehicle construction and general requirements for the approval of L-category vehicles and the systems, components and separate technical units intended for such vehicles in accordance with Regulation (EU) No 168/2013 and sets out a list of UNECE regulations and amendments thereto.

2. It also establishes performance standards for technical services and the procedure for their assessment.

Article 2 Definitions

The definitions of Regulation (EU) No 168/2013 shall apply. In addition, the following definitions shall apply:

(1)

‘anti-tampering measures’ means a series of technical requirements and specifications the aim of which is to prevent, as far as possible, unauthorised modifications of the vehicle's powertrain which may prejudice functional safety, in particular by increasing vehicle performance, and damage the environment, and are not permitted by Annex II;

(2)

‘inlet conduit’ means the combination of the inlet passage and the intake pipe;

(3)

‘inlet passage’ means the passage for the intake of air within the cylinder, cylinder-head or crankcase;

(4)

‘intake pipe’ means a part connecting the carburettor or air-control system and the cylinder, cylinder-head or crankcase;

(5)

‘intake system’ means the combination of the inlet conduit and the intake silencer;

(6)

‘exhaust system’ means the combination of the exhaust pipe, the expansion box, the exhaust silencer and pollution control device(s);

(7)

‘special tools’ means tools in conjunction with anti-tampering devices which are made available only to distributors authorised by the vehicle manufacturer and are not available to the general public;

(8)

‘spark delivery of the ignition system’ means all the characteristics of the spark generated in the ignition system of a positive ignition ‘(PI)’ engine used to ignite the air-fuel mixture, such including timing, level and positioning;

(9)

‘fuel feed system’ means the set of components including and between fuel storage and air-fuel blending or injecting device(s);

(10)

‘conformity of production’ (CoP) means the ability to ensure that each series of products produced is in conformity with the specification, performance and marking requirements in the type-approval;

(11)

‘quality management system’ means a set of interrelated or interacting elements that organisations use to direct and control how quality policies are implemented and quality objectives are achieved;

(12)

‘audit’ means an evidence-gathering process used to evaluate how well audit criteria are being applied targeting to be objective, impartial and independent, and handled in a systematic and documented audit process;

(13)

‘corrective actions’ means a problem-solving process in the quality management process with subsequent steps taken to remove the causes of a nonconformity or undesirable situation and designed to prevent their recurrence;

(14)

‘certification’ means an attestation by a national accreditation body that an organisation meets the requirements set by harmonised standards and, where applicable, any additional requirements, including those set out in relevant sectorial schemes, for carrying out a specific conformity assessment activity;

(15)

‘coupling device for L-category vehicle’ means all parts and devices fitted to the frames, load-bearing parts of the bodywork and chassis of the vehicles by means of which towing and towed vehicles are connected together, including fixed or detachable parts for attaching, adjusting or operating the coupling devices;

(16)

‘coupling ball and towing bracket’ means a coupling device employing a spherical device and a bracket fitted on the L-category vehicle for connecting to the trailer by means of a coupling head;

(17)

‘coupling head’ means a mechanical coupling device on the drawbar of trailers for connecting to a coupling ball on the L-category vehicle;

(18)

‘coupling point’ means the centre of engagement of the coupling fitted to a towed vehicle within the coupling fitted to a towing vehicle;

(19)

‘secondary coupling’ means a connecting device capable in the event of separation of the main coupling, to ensure that the trailer remains connected to the towing vehicle and that there is some residual steering action;

(20)

‘plate edge’ means the outline of a plate which would have a total of four clearly identifiable edges if its shape were flat and rectangular and of an overall material thickness not exceeding 10 mm;

(21)

‘stem’ means any projection or part which appears to have a round or virtually round shape, including bolt and screw heads, with a relatively constant overall diameter and which has a free end that can be contacted;

(22)

‘mesh size’ means the number of openings per (linear) inch of mesh;

(23)

‘load platform’ means a platform attached to the structure of the L-category vehicle for the carriage of load;

(24)

‘standard equipment’ means the basic configuration of a vehicle equipped with all the features required under the regulatory acts referred to in Annex II to Regulation (EU) No 168/2013, including all features that are fitted without giving rise to any further specifications on configuration or equipment level;

(25)

‘optional equipment’ means features that are not included in the standard equipment and may be fitted to a vehicle under the responsibility of the manufacturer;

(26)

‘mass of the optional equipment’ means the mass of the equipment which may be fitted to the vehicle in addition to the standard equipment, in accordance with the manufacturer’s specifications;

(27)

‘mass of the coupling’ means the mass of the coupling device and the parts necessary for attaching the coupling to the vehicle;

(28)

‘technically permissible maximum mass at the coupling point’ means the mass, corresponding to the maximum permissible static vertical load on the coupling point (‘S’ or ‘U’ value), of a towing vehicle, on the basis of the construction features of the coupling and the towing vehicle;

(29)

‘actual mass’ in relation to a vehicle means the mass in running order as referred to in Article 5 of Regulation (EU) No 168/2013, plus the mass of the driver (75 kg), plus the mass of the alternative propellant storage if applicable and plus the mass of optional equipment fitted to an individual vehicle;

(30)

‘technically permissible maximum laden mass’ (M) means the maximum mass allocated to a vehicle on the basis of its construction features and design performances;

(31)

‘technically permissible maximum towable mass’ (TM) means the maximum mass capable of being towed by a towing vehicle;

(32)

‘axle’ means the common axis of rotation of two or more wheels whether power driven or freely rotating, and whether in one or more segments located in the same plane perpendicular to the longitudinal centre-line of the vehicle;

(33)

‘technically permissible maximum mass on the axle’ means the mass corresponding to the maximum permissible static vertical load transmitted to the ground by the wheels of the axle, on the basis of the construction features of the axle and the vehicle and their design performances;

(34)

‘pay-mass’ means the difference between the technically permissible maximum laden mass and the actual mass of the vehicle;

(35)

‘longitudinal plane’ means a vertical plane running parallel to the straight-ahead direction of travel of the vehicle;

(36)

‘emission control system’ means the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

(37)

‘malfunction indicator’ (‘MI’) means a visible or audible indicator that clearly informs the driver of the vehicle in the event of malfunctions as referred to in Article 21 of Regulation (EU) No 168/2013;

(38)

‘malfunction’ means the failure of a component or system that would result in emissions exceeding the OBD thresholds laid down in Section (B) of Annex VI to Regulation (EU) No 168/2013, or the triggering of any operating mode which significantly reduces engine torque, or the OBD system being unable to fulfil the basic monitoring requirements of Annex XII;

(39)

‘secondary air’ means air introduced into the exhaust system by means of a pump or aspirator valve or other means intended to aid in the oxidation of HC and CO contained in the exhaust gas flow;

(40)

‘engine misfire’ means a lack of combustion in the cylinder of a positive-ignition engine due to the absence of spark, poor fuel metering, poor compression or any other cause;

(41)

‘type I test’ means the applicable driving cycle used for emission approvals;

(42)

‘driving cycle’ means a test cycle consisting of engine start-up, driving mode where a malfunction would be detected if present, and engine shut-off;

(43)

‘warm-up cycle’ means vehicle operation whereby the coolant temperature rises by at least 22 K from engine start-up to at least 343,2 K (70 °C);

(44)

‘fuel trim’ refers to feedback adjustments to the base fuel schedule;

(45)

‘short-term fuel trim’ refers to dynamic or instantaneous adjustments to the base fuel schedule;

(46)

‘long-term fuel trim’ refers to much more gradual adjustments to the fuel calibration schedule which compensate for vehicle differences and gradual changes that occur over time;

(47)

‘calculated load value’ means referring to an indication of the current airflow divided by peak airflow, where peak airflow is corrected for altitude, if available. This definition provides a dimensionless number that is not engine-specific and provides the service technician with an indication of the proportion of engine capacity being used (with wide open throttle as 100 %);

(48)

‘permanent emission default mode’ refers to a case where the engine management controller permanently switches to a setting that does not require an input from a failed component or system where such a failed component or system would result in increasing emissions from the vehicle exceeding the limits set out in Section (B) of Annex VI to Regulation (EU) No 168/2013;

(49)

‘power take-off unit’ means an engine-driven output provision for the purposes of powering auxiliary, vehicle-mounted equipment;

(50)

‘access to OBD’ means the availability of all emission and safety critical related on-board diagnostic information including all fault codes required for the inspection, diagnosis, servicing or repair of environmental or functional-safety-related parts of the vehicle, via the serial interface for the standard diagnostic connection, pursuant to point 3.12 of Appendix 1 to Annex XII;

(51)

‘unrestricted access to the OBD system’ means:

(a)

access not dependent on an access code obtainable only from the manufacturer, or a similar device; or

(b)

access allowing evaluation of the data produced without the need for any unique decoding information, unless that information itself is standardised information;

(52)

‘standardised data’ means that all data stream information, including all fault codes used, is produced only in accordance with industry standards which, by virtue of the fact that their format and their permitted options are clearly defined, provide for a maximum level of harmonisation in the L-category vehicle industry, and the use of which is expressly permitted in this Regulation;

(53)

‘deficiency’ in respect of vehicle OBD systems, means a situation in which up to two separate components or systems that are monitored contain temporary or permanent operating characteristics that impair their otherwise efficient OBD monitoring or do not meet all other detailed requirements for OBD;

(54)

‘significant reduction of propulsion torque’ means a propulsion torque less than or equal to 90 % of torque in normal operation mode;

(55)

‘surface of patterned mesh’ means a surface consisting of a pattern of shapes, such as round, oval, diamond, rectangular or square holes, spread evenly at intervals not exceeding 15 mm;

(56)

‘surface of grille’ means a surface consisting of parallel bars spread evenly and not more than 15 mm apart;

(57)

‘nominal surface’ means a theoretical geometrically perfect surface without taking into account surface irregularities such as protrusions or indentations;

(58)

‘inclination’ means the degree of angular deviation in relation to a vertical plane;

(59)

‘customer adaptation’ means any change to a vehicle, system, component or separate technical unit made at the request of a customer and subject to approval;

(60)

‘carry-over system’ means a system, as defined in Article 3(15) of Regulation (EU) No 168/2013, carried over from an old type of vehicle to a new type of vehicle;

(61)

‘stand’ means a device firmly attached to the vehicle and able to maintain the fully unattended vehicle in its intended parking position;

(62)

‘prop stand’ means a stand which, when extended or swung into the position of use, supports the vehicle on one side only, leaving both wheels in contact with the ground;

(63)

‘centre stand’ means a stand which, when swung into the position of use, supports the vehicle by providing one or more areas of contact between the vehicle and the ground on both sides of the longitudinal median plane of the vehicle;

(64)

‘transverse tilt’ means the sideways gradient, expressed as a percentage, of the actual supporting surface where the line formed by the intersection of the longitudinal median plane of the vehicle and the supporting surface is perpendicular to the line of maximum gradient;

(65)

‘longitudinal tilt’ means the fore and aft gradient, expressed as a percentage, of the actual supporting surface where the longitudinal median plane of the vehicle is parallel to, and thus in line with, the line of maximum gradient;

(66)

‘in-use position’ of a stand refers to a stand being extended or opened and put in the intended position for parking;

(67)

‘not-in-use position’ of a stand refers to a stand being retracted or closed and kept in the position for travelling.

CHAPTER II OBLIGATIONS OF MANUFACTURERS REGARDING VEHICLE CONSTRUCTION

Article 3 Fitting and demonstration requirements related to vehicle construction

1. In order to comply with the vehicle construction requirements as laid down in Article 18 of, and Annex II to, Regulation (EU) No 168/2013, manufacturers shall equip L-category vehicles with systems, components and separate technical units affecting functional safety and environmental protection that are designed, constructed and assembled so as to enable the vehicle in normal use and maintained according to the prescriptions of the manufacturer to comply with the detailed technical requirements and testing procedures.

2. In accordance with Articles 6 to 20 manufacturers shall demonstrate by means of physical demonstration testing to the approval authority that the L-category vehicles made available on the market, registered or entering into service in the Union comply with the vehicle construction requirements of Chapter III of Regulation (EU) No 168/2013 and comply with the detailed technical requirements and test procedures laid down in Articles 6 to 20 of this Regulation.

3. Manufacturers shall ensure that spare parts and equipment that are made available on the market or are entering into service in the Union comply with the relevant requirements of Regulation (EU) No 168/2013, as specified by the detailed technical requirements and test procedures referred to in this Regulation. An approved L-category vehicle equipped with such a spare part or equipment shall meet the same test requirements and performance limit values as a vehicle equipped with an original part or equipment satisfying endurance requirements up to and including those set out in Article 22(2) and Articles 23 and 24 of Regulation (EU) No 168/2013.

4. Manufacturers shall also ensure that type-approval procedures for verifying conformity of production are followed with regard to the detailed vehicle construction requirements laid down in Article 33 of Regulation (EU) No 168/2013 and the detailed technical requirements in this Regulation.

5. Where applicable, the manufacturers shall submit to the approval authority a description of the measures taken to prevent tampering with the powertrain management system including the emission and functional safety control computers.

Article 4 Application of UNECE regulations

1. The UNECE regulations and amendments thereto set out in Annex I to this Regulation shall apply to type approval.

2. Vehicles with a maximum design vehicle speed lower than or equal to 25 km/h shall meet all the relevant requirements of UNECE regulations applying to vehicles with a maximum vehicle design speed higher than 25 km/h.

3. References to vehicle categories L₁, L₂, L₃, L₄, L₅, L₆ and L₇ in the UNECE regulations shall be understood as references to vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e respectively under this Regulation, including any subcategories.

Article 5 Technical specifications on vehicle construction requirements and test procedures

1. The vehicle construction test procedures shall be performed in accordance with the test requirements laid down in this Regulation.

2. The test procedures shall be carried out or witnessed by the approval authority or, if authorised by the approval authority, by the technical service.

3. The measurement methods and test results shall be reported to the approval authority in the test report format laid down pursuant to Article 32(1) of Regulation (EU) No 168/2013.

Article 6 Requirements applying to powertrain tampering prevention (anti-tampering) measures

The test procedures and requirements applying to powertrain tampering prevention (anti-tampering) measures referred to in Annex II(C1) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex II to this Regulation.

Article 7 Requirements applying to the arrangements for type-approval procedures

The test procedures and requirements applying to arrangements for type-approval referred to in Annex II(C2) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex III to this Regulation.

Article 8 Requirements applying to conformity of production (CoP)

The test procedures and requirements applying to conformity of production (CoP) referred to in Annex II(C3) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IV to this Regulation.

Article 9 Requirements applying to coupling devices and attachments

The test procedures and requirements applying to coupling devices and attachments referred to in Annex II(C4) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex V to this Regulation.

Article 10 Requirements applying to devices to prevent unauthorised use

The test procedures and requirements applying to devices to prevent unauthorised use referred to in Annex II(C5) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VI to this Regulation.

Article 11 Requirements applying to electromagnetic compatibility (EMC)

The test procedures and requirements applying to electromagnetic compatibility (EMC) referred to in Annex II(C6) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VII to this Regulation.

Article 12 Requirements applying to external projections

The test procedures and requirements applying to external projections referred to in Annex II(C7) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VIII to this Regulation.

Article 13 Requirements applying to fuel storage

The test procedures and requirements applying to fuel storage referred to in Annex II(C8) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IX to this Regulation.

Article 14 Requirements applying to load platforms

The test procedures and requirements applying to load platforms referred to in Annex II(C9) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex X to this Regulation.

Article 15 Requirements applying to masses and dimensions

The test procedures and requirements applying to masses and dimensions referred to in Annex II(C10) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XI to this Regulation.

Article 16 Requirements applying to the functional on-board diagnostics

The test procedures and requirements applying to functional on-board diagnostics referred to in Annex II(C11) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XII to this Regulation.

Article 17 Requirements applying to passenger handholds and footrests

The test procedures and requirements applying to passenger handholds and footrests referred to in Annex II(C12) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIII to this Regulation.

Article 18 Requirements applying to the registration plate space

The test procedures and requirements applying to the registration plate space referred to in Annex II(C13) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIV to this Regulation.

Article 19 Requirements applying to access to repair and maintenance information

The test procedures and requirements applying to access to repair and maintenance information referred to in Annex II(C14) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XV to this Regulation.

Article 20 Requirements applying to stands

The test procedures and requirements applying to stands referred to in Annex II(C15) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XVI to this Regulation.

CHAPTER III OBLIGATIONS AND REQUIREMENTS RELATING TO TECHNICAL SERVICES

Article 21 Performance standards and assessment of technical services

Technical services have to comply with the performance standards and the procedure for their assessment referred to in Annex II(C16) to Regulation (EU) No 168/2013, which shall be verified in accordance with Annex XVII to this Regulation.

Article 22 Permissibility of self-testing

With respect to the Self-testing by in-house technical services referred to in Article 64(1) of Regulation (EU) No 168/2013, such tests shall only be conducted where permitted in Annex III to this Regulation.

CHAPTER IV OBLIGATIONS OF THE MEMBER STATES

Article 23 Type-approval of vehicles, systems, components and separate technical units

In accordance with Articles 18, 25 and 33 of Regulation (EU) No 168/2013 and with effect from the dates laid down in Annex IV to Regulation (EU) No 168/2013, national authorities shall, as regards new vehicles not complying with Regulation (EU) No 168/2013 and this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 43(1) of Regulation (EU) No 168/2013 and shall, on grounds relating to emissions, fuel or energy consumption, or the applicable functional safety or vehicle construction requirements, prohibit the making available on the market, registration or entry into service of such vehicles.

CHAPTER V FINAL PROVISIONS

Article 24 Entry into force

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 January 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 November 2013.

For the Commission

The President

José Manuel Barroso