Commission Regulation (EU) 2017/1151Show full title

Article 9 U.K. In service conformity

1. Measures to ensure in-service conformity of vehicles type-approved under this Regulation shall be taken in accordance with [F1 Annex IV to Regulation (EU) 2018/858] and Annex II to this Regulation.

[F2 2. The in-service conformity checks shall be appropriate for confirming that tailpipe and evaporative emissions are effectively limited during the normal life of vehicles under normal conditions of use.

3. In-service conformity shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 15 000 km or 6 months whichever occurs later and 100 000 km or 5 years whichever occurs sooner. In service conformity for evaporative emissions shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 30 000 km or 12 months whichever occurs later and 100 000 km or 5 years whichever occurs sooner.

The requirements for in-service conformity checks are applicable until 5 years after the last Certificate of Conformity or individual approval certificate is issued for vehicles of that in-service conformity family.

4. In-service conformity checks shall not be mandatory if the annual sales of the in-service conformity family are less than 5 000 vehicles in [F3 Great Britain] for the previous year. For such families, the manufacturer shall provide the approval authority with a report of any emissions related warranty, repair claim and OBD fault as set out in point 4.1 of Annex II. Such in-service conformity families may still be selected to be tested in accordance with Annex II.

5. The manufacturer and the F4 ... approval authority shall perform in-service conformity checks in accordance with Annex II.

6. The F5 ... approval authority shall take the decision on whether a family failed the provisions of in-service conformity, following a compliance assessment and approve the plan of remedial measures presented by the manufacturer in accordance with Annex II.]

[F6 7. [F7 If the approval authority has established that an in-service conformity family fails the in-service conformity check, it must inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures described in points 6 and 7 of Annex II must be followed.]

F8 ...

8. In addition to points 1 to 7, the following shall apply to vehicles type approved according to Part B of Annex II.

(a) Vehicles submitted to multi-stage type-approval, as defined in [F9 Article 3(8) of Regulation (EU) 2018/858], shall be checked for in service conformity in accordance with the rules for multistage approval set out in point 5.10.6 of Part B of Annex II to this Regulation.

(b) Armoured vehicles, hearses and wheelchair accessible vehicles, as defined in [F10 points 5.2, 5.4 and 5.5 of Part A of Annex I to Regulation (EU) 2018/858] respectively, shall not be subject to the provisions of this Article. All other special purpose vehicles as defined in point 5 of Part A of [F11 Annex I to Regulation (EU) 2018/858], shall be checked for in service conformity in accordance with the rules for multistage type-approvals set out in Part B of Annex II to this Regulation.]

Textual Amendments

F1 Words 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), 80(9)(a)

F2 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).

F3 Words in Art. 9(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), 80(9)(b)

F4 Words 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), 80(9)(c)

F5 Word in Art. 9(6) 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(9)(d)

F6 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).

F7 Words 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), 80(9)(e)(i)

F8 Words in Art. 9(7) 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(9)(e)(ii)

F9 Words in Art. 9(8)(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), 80(9)(f)(i)

F10 Words in Art. 9(8)(b) 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(9)(f)(ii)(aa)

F11 Words in Art. 9(8)(b) 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(9)(f)(ii)(bb)