Commission Regulation (EU) No 347/2012Show full title

Article 1 U.K. Scope

This Regulation applies to motor vehicles of categories M₂, M₃, N₂ and N₃, as defined in [F1 Article 4 of Regulation (EU) 2018/858], with the exception of the following:

(1)

semi-trailer towing vehicles of category N₂ with a maximum mass exceeding 3,5 but not exceeding 8 tonnes;

(2)

categories M₂ and M₃ vehicles of Class A, Class I and Class II;

(3)

category M₃ articulated buses of Class A, Class I and Class II;

(4)

off-road vehicles of categories M₂, M₃, N₂ and N₃ as referred to in points 4.2 and 4.3 of [F2 Part A of Annex I to Regulation (EU) 2018/858];

(5)

special purpose vehicles of categories M₂, M₃, N₂ and N₃ as referred to in point 5 of [F3 Part A of Annex I to Regulation (EU) 2018/858];

(6)

vehicles of categories M₂, M₃, N₂ and N₃ with more than three axles.

Textual Amendments

F1 Words in Art. 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), 69(2)(a)

F2 Words in Art. 1(4) 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), 69(2)(b)

F3 Words in Art. 1(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), 69(2)(b)

Article 2 U.K. Definitions

For the purposes of this Regulation, the definitions laid down in [F4 Regulation (EU) 2018/858] and in Regulation (EC) No 661/2009 shall apply.

In addition, the following definitions shall apply:

(1)

‘type of vehicle with regard to its advanced emergency braking system’ (AEBS) means a category of vehicles which do not differ in essential respects, including as to:

(a)

the manufacturer’s trade name or trade mark;

(b)

vehicle features which significantly influence the performances of the AEBS;

(c)

the type and design of the AEBS;

(2)

‘subject vehicle’ means the vehicle being tested;

(3)

‘target’ means a high volume series production passenger car of category M₁ AA saloon as defined in [F5 point 2.1 of Part C of Annex I to Regulation (EU) 2018/858] or, in the case of a soft target, an object representative of such a vehicle in terms of its detection characteristics applicable to the sensor system of the AEBS under test;

(4)

‘soft target’ means a target that will suffer minimum damage and cause minimum damage to the subject vehicle in the event of a collision;

(5)

‘moving target’ means a target travelling at a constant speed in the same direction and in the centre of the same lane of travel as the subject vehicle;

(6)

‘stationary target’ means a target at standstill facing the same direction and positioned on the centre of the same test lane of travel as the subject vehicle;

(7)

‘collision warning phase’ means the phase directly preceding the emergency braking phase, during which the AEBS warns the driver of a potential forward collision;

(8)

‘emergency braking phase’ means the phase starting when the AEBS emits a braking demand for at least 4 m/s² deceleration to the service braking system of the vehicle;

(9)

‘common space’ means an area on which two or more information functions may be displayed, but not simultaneously;

(10)

‘self-check’ means an integrated function that checks for a system failure on a semi-continuous basis at least while the system is active;

(11)

‘time to collision (TTC)’ means the value of time obtained by dividing the distance between the subject vehicle and the target by the relative speed of the subject vehicle and the target, at an instant in time.

Textual Amendments

F4 Words in Art. 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), 69(3)(a)

F5 Words in Art. 2(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), 69(3)(b)

Article 3 U.K. Obligations of the [F6 Secretary of State]

F7 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. With effect from 1 November 2016 [F9 the approval authority] shall refuse, on grounds relating to the AEBS, to grant [F10 GB] type-approval F11 ... in respect of new types of vehicle which do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out Appendix 2 to that Annex.

4. With effect from 1 November 2018, [F12 the Secretary of State] shall, on grounds relating to the AEBS, consider certificates of conformity in respect of new vehicles to be no longer valid for the purposes of [F13 Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex.

5. Without prejudice to paragraphs 1 to 4, [F14 the Secretary of State] may not, on grounds relating to the AEBS:

(a) refuse to grant [F15 GB type-approval] F16 ... for a new type of vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(b) prohibit the registration, sale or entry into service of a new vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(c) grant [F17 GB type-approval] F18 ... according to approval level 2 for a new type of vehicle of category M₂ and of category N₂ with a maximum mass not exceeding 8 tonnes, until the pass/fail values for the warning and activation test requirements have been specified in accordance with Article 5.

Textual Amendments

F6 Words in Art. 3 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), 69(4)(a)

F7 Art. 3(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), 69(4)(b)

F8 Art. 3(2) 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), 69(4)(b)

F9 Words in Art. 3(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), 69(4)(c)(i)

F10 Word in Art. 3(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), 69(4)(c)(ii)

F11 Words in Art. 3(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), 69(4)(c)(iii)

F12 Words in Art. 3(4) 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), 69(4)(d)(i)

F13 Words in Art. 3(4) 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), 69(4)(d)(ii)

F14 Words in Art. 3(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), 69(4)(e)(i)

F15 Words in Art. 3(5)(a) 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), 69(4)(e)(ii)(aa)

F16 Words in Art. 3(5)(a) 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), 69(4)(e)(ii)(bb)

F17 Words in Art. 3(5)(c) 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), 69(4)(e)(ii)(aa)

F18 Words in Art. 3(5)(c) 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), 69(4)(e)(ii)(bb)

Article 4 U.K. [F19 GB] type-approval of a type of vehicle with regard to AEBS

1. The manufacturer or the manufacturer’s representative shall submit to the approval authority the application for [F20 GB] type-approval of a type of vehicle with regard to AEBS.

2. The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I.

3. If the relevant requirements set out in Annex II to this Regulation are met, the approval authority shall grant [F21 a GB] type-approval and issue a type-approval number in accordance with the numbering system set out in [F22 Annex IV to Regulation (EU) 2020/683].

[F23 The approval authority] may not assign the same number to another type of vehicle.

4. For the purposes of paragraph 3, the approval authority shall deliver [F24 a GB] type-approval certificate established in accordance with the model set out in Part 2 of Annex I.

Textual Amendments

F19 Word in Art. 4 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), 69(5)(a)

F20 Word in Art. 4(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), 69(5)(a)

F21 Words in Art. 4(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), 69(5)(b)(i)

F22 Words in Art. 4(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), 69(5)(b)(ii)

F23 Words in Art. 4(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), 69(5)(b)(iii)

F24 Words in Art. 4(4) 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), 69(5)(c)

F25 Article 5 U.K. Amendment to Appendix 2 of Annex II

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Art. 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), 69(6)

Article 6 U.K. 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.

F26 ...

Textual Amendments

F26 Words in Signature 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), 69(7)