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Commission Regulation (EU) No 351/2012 of 23 April 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for the installation of lane departure warning systems in motor vehicles
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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor(1), and in particular Article 14(1)(a) and Article 14(3)(a) thereof,
Whereas:
(1) Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles of categories M2, M3, N2 and N3 with regard to the installation of lane departure warning systems. It is necessary to set out the specific procedures, tests and requirements for such type-approval.
(2) Regulation (EC) No 661/2009 provides that the Commission may adopt measures exempting certain vehicles or classes of vehicles of categories M2, M3, N2 and N3 from the obligation to install lane departure warning systems, where following a cost/benefit analysis and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned.
(3) The cost/benefit analysis has proven that the application of lane departure warning systems to semi-trailer towing vehicles of category N2 with a maximum mass exceeding 3,5 tonnes but not exceeding 8 tonnes is not appropriate as it would generate more costs than benefits. In addition, it is considered that due to their typical use in specific traffic conditions, the installation of lane departure warning systems would generate only limited safety benefits for category M2 and M3 vehicles of Class A, Class I and Class II, and for articulated buses of category M3 of Class A, Class I and Class II, as well as for certain special purpose vehicles, off-road vehicles and vehicles with more than three axles. Those vehicles should therefore be exempted from the obligation to install those systems.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
HAS ADOPTED THIS REGULATION:
This Regulation applies to vehicles of categories M2, N2, M3 and N3, as defined in [F1Article 4 of Regulation (EU) 2018/858], with the exception of the following:
semi-trailer towing vehicles of category N2 with a maximum mass exceeding 3,5 tonnes but not exceeding 8 tonnes;
categories M2 and M3 vehicles of Class A, Class I and Class II;
category M3 articulated buses of Class A, Class I and Class II;
off-road vehicles of categories M2, M3, N2 and N3 as referred to in points 4.2 and 4.3 of Part A of [F2Annex I to Regulation (EU) 2018/858];
special purpose vehicles of categories M2, M3, N2 and N3 as referred to in point 5 of Part A of [F3Annex I to Regulation (EU) 2018/858];
vehicles of categories M2, M3, N2 and N3 with more than three axles.
Textual Amendments
F1Words 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), 70(2)(a)
F2Words 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), 70(2)(b)
F3Words 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), 70(2)(c)
For the purposes of this Regulation, the following definitions shall apply in addition to the definitions set out in Regulation (EC) No 661/2009:
‘vehicle type with regard to its Lane Departure Warning System’ means a category of vehicles which do not differ in such essential respects as:
the manufacturer’s trade name or mark;
vehicle features which significantly influence the performances of the Lane Departure Warning System;
the type and design of the Lane Departure Warning System;
‘lane’ means one of the longitudinal strips into which a roadway is divided (as shown in the Appendix to Annex II);
‘visible lane marking’ means delineators intentionally placed on the borderline of the lane that are directly visible by the driver while driving;
‘rate of departure’ means the subject vehicle’s approach velocity at a right angle to the visible lane marking at the warning issue point;
‘common space’ means an area on which two or more information functions may be displayed, but not simultaneously.
1.The manufacturer or his representative shall submit to the type-approval authority the application for [F5GB] type-approval of a vehicle with regard to lane departure warning systems.
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 [F6a GB] type-approval and issue a type-approval number in accordance with the numbering system set out in [F7Annex IV to Commission Implementing Regulation (EU) 2020/683].
[F8The approval authority] may not assign the same number to another vehicle type.
4.For the purposes of paragraph 3, the type-approval authority shall issue [F9a GB] type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
[F105.Where an application for approval is made before 31st December 2026 under paragraph 1 in respect of a vehicle type which has been approved by the approval authority of a member State under Commission Regulation (EU) 351/2012, as that Regulation has effect in EU law, by way of derogation to point 2.2.3.1 of Annex II to this Regulation, the visible lane markings used in the lane departure tests of point 2.6 may be any one of those identified in the Appendix to Annex II, provided that the approval authority has been presented with documentary evidence in accordance with point 2.2.3.2 of Annex II demonstrating compliance with the UK lane markings specified in table 1 in the Appendix to Annex II.]
Textual Amendments
F4Word 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), 70(3)(a)
F5Word in Art. 3(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), 70(3)(a)
F6Words 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), 70(3)(c)
F7Words 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), 70(3)(b)(i)
F8Words 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), 70(3)(b)(ii)
F9Words 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), 70(3)(c)
F10Art. 3(5) inserted (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), 70(3)(d)
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
F11...
Textual Amendments
F11Words 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), 70(4)
Textual Amendments
F12Word in Annex 1 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), 70(5)(a)
Information document No … relating to the [F13GB] type-approval of a vehicle with regard to lane departure warning systems.
Textual Amendments
F13Word in Annex 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), 70(5)(a)
The following information shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.
If the systems, components or separate technical units referred to in this Annex have electronic controls, information concerning their performance shall be supplied.
Marginal Citations
M1Classified according to the definitions set out in [Article 4 of Regulation (EU) 2018/858] [Editorial Note: Words in Annex 1 Pt. 1 footnote 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), 70(5)(b)(i)]
(in kg and mm) (Refer to drawing where applicable)
Marginal Citations
M2(g5)
vehicle length shall be determined in accordance with:
item No 6.1. of Standard ISO 612:1978 for vehicles of category M1:
[point 22 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I] for vehicles other than those of category M1 [Words in Annex 1 Pt. 1 footnote 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), 70(5)(b)(ii)]
In the case of trailers, the lengths shall be determined in accordance with item No 6.1.2. of Standard ISO 612:1978.
Marginal Citations
M3(g7)
The width of vehicles of category M1 shall be determined in accordance with item No 6.2. of Standard ISO 612:1978. For vehicles other than those of category M1 the width shall be determined in accordance with [point 23 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I] [Words in Annex 1 Pt. 1 footnote 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), 70(5)(b)(iii)].
Mass of the vehicle with bodywork and, in the case of a towing vehicle of category other than M1, with coupling device, if fitted by the manufacturer, in running order, or mass of the chassis or chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted, and driver and, for buses and coaches, a crew member if there is a crew seat in the vehicle)(8) (maximum and minimum for each variant): …
Stamp of type-approval authority
Communication concerning:
of a type of vehicle with regard to lane departure warning systems
with regard to Commission Regulation (EU) No 351/2012 [F14as it forms part of domestic law, and as last amended by S.I. …./….].
Textual Amendments
F14Words in Annex 1 Pt. 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), 70(5)(c)
[F13GB] type-approval Number: _
Reason for extension:
Marginal Citations
M4As defined in [Article 4 of Regulation (EU) 2018/858] [Words in Annex 1 Pt. 2 footnote 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), 70(5)(d)].
:
Information package.
Test report.
Textual Amendments
F15Words in Annex 1 Addendum 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), 70(5)(e)
Specifically:
it shall provide the driver with the warning specified in point 1.4.1., when tested in accordance with the provisions of point 2.5. (departure warning test) and with lane markings as specified in point 2.2.3.;
the warning mentioned in point 1.2.1. may be suppressed when there is a driver action which indicates an intention to depart from the lane.
The LDWS function shall be automatically reinstated at the initiation of each new ignition ‘on’ (run) cycle.
A constant optical warning signal shall inform the driver that the LDWS function has been deactivated. The yellow warning signal specified in point 1.4.2. may be used for this purpose.
at least two warning means, to be chosen between optical, acoustic and haptic;
one warning means, to be chosen between haptic and acoustic, with spatial indication about the direction of unintended drift of the vehicle.
In the case of the failure warning signal being in a common space, the common space must be observed to be functional prior to the failure warning signal status check.
Alternatively, this protection requirement is fulfilled when a secondary means of checking the correct operational status of the LDWS is available.
Textual Amendments
F16Words in Annex 2 point 2.2.3.1 inserted (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), 70(6)(a)(i)
F17Words in Annex 2 point 2.2.3.1 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), 70(6)(a)(ii)
Textual Amendments
F18Words in Annex 2 point 2.2.3.2 inserted (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), 70(6)(b)
The vehicle may be tested at any condition of load, the distribution of the mass among the axles being that stated by the vehicle manufacturer without exceeding any of the maximum permissible mass for each axle. No alteration shall be made once the test procedure has begun. The vehicle manufacturer shall demonstrate through the use of documentation that the system works at all conditions of load.
With the vehicle stationary check that the optical warning signal(s) comply with the requirements of point 1.4.3.
Maintaining the prescribed speed, gently drift the vehicle, either to the left or the right, at a rate of departure of between 0,1 and 0,8 m/s so that the vehicle crosses the lane marking. Repeat the test at a different rate of departure within the range 0,1 and 0,8 m/s.
Repeat the above tests drifting in the opposite direction.
Editorial Information
X1Substituted by Corrigendum to Commission Regulation (EU) No 351/2012 of 23 April 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for the installation of lane departure warning systems in motor vehicles (Official Journal of the European Union L 110 of 24 April 2012).
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).
Delete where not applicable (there are cases where nothing needs to be deleted when more than one entry is applicable).
Where there is one version with a normal cab and another with a sleeper cab, both sets of masses and dimensions are to be stated
Standard ISO 612: 1978 – Road vehicles – Dimensions of motor vehicles and towed vehicles – terms and definitions.
The vehicle wheelbase shall be determined in accordance with:
item No 6.4.1. of Standard ISO 612:1978 for motor vehicle and drawbar trailer:
item No 6.4.2. of Standard ISO ISO 612:1978 for semi-trailer and centre-axle trailer
In the case of a centre-axle trailer, the axis of the coupling shall be considered as the foremost axle.
The track of axles shall be determined in accordance with item No 6.5. of Standard ISO 612:1978
The mass of the driver and, if applicable, of the crew member is assessed at 75 kg (subdivided into 68 kg occupant mass and 7 kg luggage mass according to ISO Standard 2416 - 1992), the fuel tank is filled to 90 % and the other liquid containing systems (except those for used water) to 100 % of the capacity specified by the manufacturer.
With respect to trailers, maximum speed permitted by the manufacturer.
Delete where not applicable.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).
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