4 Vehicle type approval
| (32051)
14622/10
+ ADDs 1-2
COM(10) 542
| Draft Regulation on the approval and market surveillance of two- or three-wheel vehicles and quadricycles
|
| Legal base | Article 114 TFEU; co-decision; QMV
|
| Document originated | 4 October 2010
|
| Deposited in Parliament | 12 October 2010
|
| Department | Transport
|
| Basis of consideration | EM of 25 October 2010
|
| Previous Committee Report | None
|
| Discussion in Council | Not known
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
4.1 The Commission's 2006 initiative CARS 21 (Competitive Automotive
Regulatory System for the 21st Century) recommended simplification
of the current whole vehicle type approval regulatory framework.
It also recommended, where appropriate, replacing relevant EU
Directives by equivalent UN-ECE (United Nations Economic Commission
for Europe) Regulations. Type-approval that is directly based
on internationally agreed standards will improve market access
in third countries, in particular those which are contracting
parties to the UN-ECE 1958 Agreement on type-approval, thus enhancing
EU industry's competitiveness.
4.2 CARS 21 simplification of EU type approval legislation is
undertaken in a 'split-level approach':
- fundamental provisions are laid down in a framework Regulation;
and
- technical specifications implementing the fundamental provisions
are laid down at a later date, by the Commission assisted by a
technical committee, in delegated legislation.
4.3 The existing EU regulatory structure for type approval for
motorcycles, tricycles and quadricycles has evolved over many
years and currently consists of a framework Directive, Directive
2002/24/EC, 13 separate technical Directives and their amending
Directives. This means that the industry and regulators must currently
be aware of a mass of legislation and ensure that it is correctly
transposed into national law or applied as appropriate —
this is considered to be a costly, burdensome process.
The document
4.4 This proposal aims to simplify the approval process for motorcycles,
tricycles and quadricycles, while improving safety and limiting
the emission of exhaust pollutants. Simplification would be achieved
by repealing the current framework Directive and the technical
Directives and replacing them with:
- this draft framework Regulation, containing the fundamental
requirements of the type approval system; and
- technical requirements contained in three Commission Regulations
referring, where possible, to harmonised international standards
adopted by the UN-ECE.
4.5 The draft Regulation has 17 substantive chapters laying down
general requirements for Member States, national authorities,
the Commission, manufacturers, importers and distributors. New
requirements include:
- those involved in importing, distributing and marketing motorcycles
ensuring that products remain in conformity with the type approval
throughout this process; and
- Member States undertaking market surveillance in order to
police the system.
4.6 The three Commission Regulations envisaged, to be made on
the advice of a technical committee, are on:
- environmental and propulsion performance requirements, including
electromagnetic compatibility, environmental test procedures related
to exhaust emissions, evaporative emissions, greenhouse gas emissions
and fuel consumption, maximum design engine speed, maximum torque
and maximum net engine power and sound;
- vehicle functional safety requirements and related subjects,
including audible warning devices, braking, including anti-lock
and combined brake systems, electrical safety, front and rear
protective structures, glazing, windscreen wipers and washers,
and de-icing and demisting devices, identification of controls,
tell-tales and indicators, installation of lighting and light
signalling devices, rearward visibility, safety belt anchorages
and safety belts, tyres, vehicle occupant protection, including
interior fittings, head restraints and vehicle doors, vehicle
speed limitation by design and vehicle structure integrity; and
- vehicle construction requirements, including anti-tampering
measures, coupling devices and attachments, devices to prevent
unauthorised use, external projections, fuel storage, load platforms,
masses and dimensions, on-board diagnostics, passenger handholds
and footrests, repair and maintenance information, space for mounting
the rear registration plate, stands and statutory markings.
There would also be a Commission implementing act to set out administrative
provisions, such as the information document, the definitions
of the type-approval certificate, the certificate of conformity
and associated production conformity requirements, etc.
The Government's view
4.7 The Parliamentary Under-Secretary of State, Department for
Transport (Mike Penning) tells us that the Government welcomes
the objective of a single set of requirements minimising cost,
providing simplification, clarity and access to the widest market
for manufacturers and improving efficiency for legislators by
removing layers of legislation. He says that:
- the Government will be examining the proposals in detail to
ensure the costs and benefits for the UK are understood;
- during negotiations officials will be pressing for adequate
flexibility in the timetable for changes to technical standards
to ensure they are realistic about industry's ability to deliver
and to minimise the cost to consumers; and
- whilst the Commission has prepared an impact assessment for
the introduction of the new Regulation on an EU level, in order
to determine the impact of the new regulation on the UK, the Department
for Transport will prepare a UK impact assessment.
4.8 The Minister comments further that:
- the draft Regulation would require motorcycles to be fitted
with advanced braking systems, which evidence shows is likely
to give riders greater confidence when braking, reducing stopping
distances and hence improving safety;
- this is likely to impose additional costs on industry, however
the requirements for smaller capacity motorcycles would be simplified
to reduce costs;
- Member States will no longer be able to refuse to register
motorcycles with a power of more than 74 kW — the UK does
not currently impose a power limit and there is no evidence that
a power limit on all motorcycles improves safety;
- the impact of the proposed measures on anti-tampering will
depend on the scope of implementing Regulations;
- updating the requirements for vehicles currently subject to
these requirements, that is motorcycles used by learner riders
with restricted licences, would take into account the availability
of new technologies that might be used to increase performance;
- it is not clear, however, whether the proposal gives powers
to extend the provisions to other motorcycles and the Government
will be seeking clarification from the Commission;
- the proposals for revised exhaust emissions would bring limits
into closer alignment with those being introduced for other vehicles;
- transitional provisions reflect requests by motorcycle manufacturers
to ensure a reasonable timeframe for their introduction;
- measurement of carbon dioxide and fuel consumption would be
introduced for the first time giving consumers the opportunity
to compare the fuel efficiency of vehicles — some Member
States may choose to use the information to encourage the sale
of fuel efficient vehicles;
- the proposal includes a number of provisions, such as access
to repair and maintenance information, which will implement for
two- and three-wheeled vehicles and quadricycles requirements
that are being introduced for cars, buses and goods vehicles —
this needs to be explored further to ensure the measures are appropriate
for motorcycles;
- new requirements on market surveillance would supplement existing
powers that allow Member States to take action on non-conforming
vehicles — consumers should benefit from the measures, which
would also clarify the responsibilities of importers and distributors
to ensure they sell safe products and provide satisfactory customer
support; and
- whilst the new Regulation would be directly applicable to
Member States and not in itself require transposition into national
law, the revoked Directives would need to be repealed, and effective
enforcement methods and a national alternative to EU whole vehicle
type approval might need to be provided — this might require
national regulations.
4.9 Noting that the Government's impact assessment will provide
an estimate of the costs that will be incurred by the introduction
of this proposal, the Minister says of the financial implications
of the draft regulation that:
- simplifying the approval process will reduce the burden on
both industry and the Government;
- requiring fitment of advanced braking is likely to be a significant
cost to manufacturers — smaller capacity motorcycles may
be fitted with simpler systems to minimise the cost while larger
capacity machines will require advanced braking systems;
- the requirements will be applied to new types from 2017 to
provide manufacturers with sufficient lead time to introduce these
systems cost effectively;
- in the short term the proposal introduces tighter emission
controls based on those developed by industry which are intended
to minimise the cost; and
- stricter, long term limits have also been proposed but would
be reviewed prior to introduction to ensure they remained a cost
effective solution.
4.10 The Minister tells us that the manufacturing industry has
been kept informed and broadly welcomes the proposals, while noting
the need for sufficient lead time for the introduction of revised
safety and emissions requirements and that the technical points
will be developed separately.
Conclusion
4.11 Whilst the simplification this draft Regulation would
achieve is to be welcomed we note that there are a number of issues
the Government is addressing in the negotiation of the proposal
and that it is producing its own impact assessment. Before considering
the document further we should like to hear about progress in
the negotiation and to see the impact assessment. Meanwhile the
document remains under scrutiny
|
