Commission Regulation (EU) 2017/1151Show full title

Article 5 U.K. Application for [F1 GB type-approval] of a vehicle with regard to emissions and access to vehicle repair and maintenance information

1. The manufacturer shall submit to the approval authority an application for [F2 GB type-approval] of a vehicle with regard to emissions and access to vehicle repair and maintenance information.

2. The application referred to in paragraph 1 shall be drawn up in accordance with the model of the information document set out in Appendix 3 to Annex I.

3. In addition, the manufacturer shall submit the following information:

(a) in the case of vehicles equipped with positive-ignition engines, a declaration by the manufacturer of the minimum percentage of misfires out of a total number of firing events that either would result in emissions exceeding the limits given in section 2.3 of Annex XI if that percentage of misfire had been present from the start of a type 1 test as chosen for the demonstration according to Annex XI to this Regulation or could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

(b) detailed written information fully describing the functional operation characteristics of the OBD system, including a listing of all relevant parts of the emission control system of the vehicle that are monitored by the OBD system;

(c) a description of the malfunction indicator used by the OBD system to signal the presence of a fault to a driver of the vehicle;

(d) a declaration by the manufacturer that the OBD system complies with the provisions of section 3 of Appendix 1 to Annex XI relating to in-use performance under all reasonably foreseeable driving conditions;

(e) a plan describing the detailed technical criteria and justification for incrementing the numerator and denominator of each monitor that must fulfil the requirements of paragraphs 7.2 and 7.3. of Appendix 1 to Annex XI of UN/ECE Regulation No 83, as well as for disabling numerators, denominators and the general denominator under the conditions outlined in paragraph 7.7 of Appendix 1 to Annex XI of UN/ECE Regulation No 83;

(f) a description of the provisions taken to prevent tampering with and modification of the emission control computer, odometer including the recording of mileage values for the purposes of the requirements of Annexes XI and XVI;

(g) if applicable, the particulars of the vehicle family as referred to in Appendix 2 to Annex 11 to UN/ECE Regulation No 83;

(h) where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors.

4. For the purposes of point (d) of paragraph 3, the manufacturer shall use the model of manufacturer's certificate of compliance with the OBD in-use performance requirements set out in Appendix 7 of Annex I

F3 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. For the purposes of points (d) and (e) of paragraph 3, [F4 the approval authority] shall not approve a vehicle if the information submitted by the manufacturer is inappropriate for fulfilling the requirements of section 3 of Appendix 1 to Annex XI.

Paragraphs 7.2, 7.3 and 7.7 of Appendix 1 to Annex XI of UN/ECE Regulation No 83 shall apply under all reasonably foreseeable driving conditions.

For the assessment of the implementation of the requirements set out in these paragraphs, the approval [F5 authority] shall take into account the state of technology.

7. For the purposes of point (f) of paragraph 3, the provisions taken to prevent tampering with and modification of the emission control computer shall include the facility for updating using a manufacturer-approved programme or calibration.

8. For the tests specified in Figure I.2.4 of Annex I the manufacturer shall submit to the technical service responsible for the type-approval tests a vehicle representative of the type to be approved.

9. The application for type-approval of mono fuel, bi-fuel and flex-fuel vehicles shall comply with the additional requirements laid down in Sections 1.1 and 1.2 of Annex I.

10. Changes to the make of a system, component or separate technical unit that occur after a type-approval shall not automatically invalidate a type approval, unless its original characteristics or technical parameters are changed in such a way that the functionality of the engine or pollution control system is affected.

[F6 11. In order for the approval [F7 authority] to be able to assess the proper use of AES, taking into account the prohibition of defeat devices contained in Article 5(2) of Regulation (EC) No 715/2007, the manufacturer shall also provide an extended documentation package, as described in Appendix 3a of Annex I to this Regulation.

[F8 The extended documentation package shall be identified and dated by the approval authority and kept by that authority for at least 10 years after the approval is granted.]

[F9 At the request of the manufacturer, the approval authority shall conduct a preliminary assessment of the AES for new vehicle types. In that case, the relevant documentation shall be provided to the type approval authority between 2 and 12 months before the start of the type-approval process.

The approval authority shall make a preliminary assessment on the basis of the extended documentation package, as described in point (b) of Appendix 3a to Annex I, provided by the manufacturer. The approval authority shall make the assessment in accordance with the methodology described in Appendix 3b of Annex I. The approval authority may deviate from that methodology in exceptional and duly justified cases.

The preliminary assessment of the AES for new vehicle types shall remain valid for the purposes of type approval for a period of 18 months. That period may be extended by a further 12 months if the manufacturer provides to the approval authority proof that no new technologies have become accessible in the market that would change the preliminary assessment of the AES.

[F10 Each year, the approval authority must make available to the public a list of the AES which it has decided are not acceptable for the purposes of this paragraph.]]

F11 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 12. The manufacturer shall also provide the type approval authority F12 ... with a package on Testing Transparency containing the necessary information in order to allow the performance of testing in accordance with point 5.9 of Part B of Annex II.]]

Textual Amendments

F1 Words in Art. 5 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), 80(5)(a)

F2 Words in Art. 5(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), 80(5)(a)

F3 Art. 5(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), 80(5)(b)

F4 Words in Art. 5(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), 80(5)(c)(i)

F5 Word in Art. 5(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), 80(5)(c)(ii)

F6 Substituted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F7 Word in Art. 5(11) 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), 80(5)(d)(i)

F8 Substituted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F9 Inserted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F10 Words in Art. 5(11) 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), 80(5)(d)(ii)

F11 Deleted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F12 Words in Art. 5(12) 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), 80(5)(e)