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Regulation (EC) No 78/2009 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (Text with EEA relevance)
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Changes over time for: CHAPTER III
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Regulation (EC) No 78/2009 of the European Parliament and of the Council, CHAPTER III is up to date with all changes known to be in force on or before 30 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Chapter III:
- Regulation power to amend conferred by 2024 c. 10 s. 91
CHAPTER IIIU.K.OBLIGATIONS OF [F1THE SECRETARY OF STATE AND THE APPROVAL AUTHORITY]
Article 6U.K.Granting of [F2GB] type-approval
1.If the relevant requirements are met, the approval authority shall grant [F3GB] type-approval and issue a type-approval number in accordance with the numbering system set out in [F4Annex IV to Commission Implementing Regulation (EU) 2020/683].
2.For the purposes of Section 3 of that type-approval number, one of the following letters shall be used:
(a)for the approval of vehicles with regard to pedestrian protection:
(a)‘A’ if the vehicle complies with Section 2 of Annex I,
‘B’ if the vehicle complies with Section 3 of Annex I;
(b)for the approval of a vehicle with regard to it being fitted with a frontal protection system or the approval of a frontal protection system to be supplied as a separate technical unit:
(b)‘A’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.1, 5.1.2.1, 5.2 and 5.3 thereof,
‘B’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.2, 5.1.2.1, 5.2 and 5.3 thereof,
‘X’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.3, 5.1.2.2, 5.2 and 5.3 thereof.
3.[F5The approval] authority shall not assign the same number to another type of vehicle or type of frontal protection system.
4.For the purposes of paragraph 1, the approval authority shall deliver the [F3GB] type-approval certificate established in accordance with the following:
(a)the model set out in Part 1 of Annex III for a type of a vehicle with regard to pedestrian protection;
(b)the model set out in Part 2 of Annex III for a type of a vehicle with regard to it being fitted with a frontal protection system;
(c)the model set out in Part 3 of Annex III for a type of a frontal protection system to be supplied as a separate technical unit.
Textual Amendments
F2Word in Art. 6 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(7)(a)
F3Word in Art. 6 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(7)(a)
F4Words in Art. 6(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(7)(b)
F5Words in Art. 6(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(7)(c)
Article 7U.K. [F6GB] type-approval mark
Every frontal protection system approved in accordance with this Regulation under the type-approval of a vehicle with regard to it being fitted with a frontal protection system, or the type-approval of a frontal protection system to be supplied as a separate technical unit, shall comply with the requirements of this Regulation and shall be granted, and consequently bear, [F7a GB] type-approval mark established in accordance with the provisions set out in Annex IV.
Textual Amendments
F6Word in Art. 7 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(8)(a)
F7Words in Art. 7 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(8)(b)
Article 8U.K.Modification of the type and amendments to approvals
Any modification of the vehicle forward of the A-pillars or of the frontal protection system which affects either the structure, the main dimensions, the materials of the outer surfaces of the vehicle, the fixing methods or the external or internal component arrangement, and which may have a significant influence on the results of the tests, shall be regarded as an amendment pursuant to [F8Article 33 of Regulation (EU) 2018/858] and thus require a new application for type-approval.
Textual Amendments
F8Words in Art. 8 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(9)
Article 9U.K.Timetable for application to vehicles
1.With effect from the date set out in the second paragraph of Article 16, [F9the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F10GB type-approval]F11..., in respect of the following new vehicle types:
(a)category M1 which do not comply with the technical provisions set out in Section 4 of Annex I;
(b)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 2 or Section 3 of Annex I;
(c)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Sections 2 and 4 or Sections 3 and 4 of Annex I.
2.With effect from 24 February 2011, [F12the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F13Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation:
(a)vehicles of category M1;
(b)vehicles of category N1 derived from M1 and of maximum mass not exceeding 2 500 kg.
3.With effect from 24 February 2013, [F14the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F10GB type-approval]F15..., in respect of the following new vehicle types:
(a)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I.
F164.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.With effect from 24 February 2015, [F17the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F10GB type-approval]F18... in respect of the following new vehicle types:
(a)category M1 of maximum mass exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)category N1 which do not comply with the technical provisions set out in Sections 3 and 4 of Annex I.
6.With effect from 24 August 2015, [F19the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F20Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of new category N1 vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation.
7.With effect from 24 February 2018, [F21the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F22Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)category M1 of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)category N1 derived from M1, and of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
8.With effect from 24 August 2019, [F23the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F24Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)category M1 of maximum mass exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)category N1 which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
9.Without prejudice to paragraphs 1 to 8 of this Article and subject to the entry into force of the measures adopted pursuant to Article 4(6), if a manufacturer so requests, [F25the approval authority] shall not, on grounds relating to pedestrian protection, refuse to grant [F10GB type-approval]F26... for a new type of vehicle or prohibit the registration, sale or entry into service of a new vehicle, where the vehicle concerned complies with the technical provisions set out in Sections 3 or 4 of Annex I.
Textual Amendments
F9Words in Art. 9(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(b)(i)
F10Words in Art. 9 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(a)
F11Words in Art. 9(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(b)(ii)
F12Words in Art. 9(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(c)(i)
F13Words in Art. 9(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(c)(ii)
F14Words in Art. 9(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(d)(i)
F15Words in Art. 9(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(d)(ii)
F16Art. 9(4) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(e)
F17Words in Art. 9(5) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(f)(i)
F18Words in Art. 9(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(f)(ii)
F19Words in Art. 9(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F20Words in Art. 9(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F21Words in Art. 9(7) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F22Words in Art. 9(7) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F23Words in Art. 9(8) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F24Words in Art. 9(8) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F25Words in Art. 9(9) substituted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(h)(i)
F26Words in Art. 9(9) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(h)(ii)
Article 10U.K.Application to frontal protection systems
1.[F27The approval authority] shall refuse to grant [F28GB] type-approval F29... of a new type of vehicle with regard to it being fitted with a frontal protection system, or [F28GB] separate technical unit type-approval of a new type of frontal protection system, which does not comply with the requirements laid down in Sections 5 and 6 of Annex I.
2.[F30The Secretary of State] shall, on grounds relating to frontal protection systems, consider the certificates of conformity to be no longer valid for the purposes of [F31Article 48 of Regulation (EU) 2018/858] and shall prohibit the registration, sale and entry into service of new vehicles which do not comply with the requirements laid down in Sections 5 and 6 of Annex I to this Regulation.
3.The requirements set out in Sections 5 and 6 of Annex I to this Regulation shall apply to frontal protection systems supplied as separate technical units for the purposes of [F32Article 50 of Regulation (EU) 2018/858].
Textual Amendments
F27Words in Art. 10(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(a)(i)
F28Word in Art. 10(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(a)(ii)
F29Words in Art. 10(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(a)(iii)
F30Words in Art. 10(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(b)(i)
F31Words in Art. 10(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(b)(ii)
F32Words in Art. 10(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(11)(c)
F33Article 11U.K.Collision avoidance systems
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Arts. 11-14 omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(12)
F33Article 12U.K.Monitoring
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Arts. 11-14 omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(12)
F33Article 13U.K.Penalties
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Arts. 11-14 omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(12)
Textual Amendments
F1Words in Ch. 3 heading substituted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(6)
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