June 2018
EU Proposes New Regulation to Repeal and Replace (EC) No. 661/2009
EC Regulation No. 661/2009, entitled "type approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor" (more often referred to as the General Safety Regulation or GSR) was originally published on 31st July 2009. Not only did this new Regulation repeal a large number of the "separate" EC Directives and replace them with references to the corresponding United Nations Economic Commission for Europe (UN ECE) Regulations, it also mandated the fitment of a number of "new technology" systems, such as electronic stability control (ESC) systems, lane departure warning systems (LDWS) and advanced emergency braking systems (AEBS).
Included within the Articles of (EC) No. 661/2009 was a requirement for the European Commission to monitor the development of any new safety features and, where appropriate, to propose amendments to the General Safety Regulation to mandate the fitment of such features. As part of their work to address this requirement, in March 2015, the European Commission published a study which identified 50 potential safety measures which could be implemented to improve vehicle occupant and pedestrian safety. Over the following two years, more detailed feasibility and cost benefit studies were carried out on these potential safety measures and 19 measures were identified as being feasible and cost effective for implementation.
Rather than updating the exiting General Safety Regulation to introduce requirements for these new measures, the European Commission have taken the opportunity to draft a completely new Regulation which will repeal and replace not only the existing General Safety Regulation ((EC) No. 661/2009), but also the existing EU Regulation on pedestrian protection ((EC) No. 78/2009) and the existing EU Regulation on hydrogen powered motor vehicles ((EC) No. 79/2009). A draft version of this new Regulation was published by the European Commission on 17th May 2018 as part of a public consultation exercise which runs from 17th May 2018 to 17th July 2018.
The draft new Regulation contains a significant number of changes compared to the three existing Regulations that it repeals and replaces. However, the main changes introduced by this draft Regulation generally fall into one of the following five categories:
1. Repealed EC Regulations Replaced by UN ECE Regulations
To replace the repealed EU Regulations on pedestrian protection and hydrogen powered motor vehicles, i.e. (EC) No. 78/2009 and (EC) No. 79/2009, the new draft Regulation requires compliance with the equivalent UN ECE Regulations on these subjects, i.e. ECE 127.02 on pedestrian protection and ECE 134.00 on hydrogen safety. However, as ECE 127.02 does not currently include equivalent requirements on frontal protection systems (e.g. bull bars) to those specified in (EC) No. 78/2009, the requirements on frontal protection systems from (EC) No. 78/2009 have been transferred into an annex (Annex IV) to the draft new Regulation. Similarly, as ECE 134.00 does not currently include equivalent requirements on the materials used in compressed hydrogen vehicle systems to those specified in (EC) No. 79/2009, the material requirements from (EC) No. 79/2009 have been transferred into an annex (Annex V) to the draft new Regulation.
2. New UN ECE Regulations on Components Introduced
The list of UN ECE Regulations which apply on a compulsory basis is expanded to add the following UN ECE Regulations:
- ECE 45.01 on headlamp cleaners.
- ECE 108.00 on retreaded tyres for passenger cars and their trailers.
- ECE 109.00 on retreaded tyres for commercial vehicles and their trailers.
- ECE 114.00 on replacement airbags.
- ECE 115.00 on LPG and CNG retrofit systems.
- ECE 124.00 on replacement wheels.
- ECE 126.00 on partitioning systems.
- ECE 129.00 on enhanced child restraint systems.
3. New UN ECE Regulations on Occupant Protection Introduced
The list of UN ECE Regulations which apply on a compulsory basis is expanded to add the following UN ECE Regulations:
- ECE 135.01 on pole side impact performance.
- ECE 137.01 on frontal collision with a focus on the restraint system (full width barrier impact), with the scope expanded to include all N1 category vehicles.
4. Scope of Existing UN ECE Regulations Expanded
In the following instances, the scope of existing UN ECE Regulations is expanded by the draft new EU Regulation:
- ECE 34.03 on the prevention of fire risks - scope of rear impact testing expanded to include all M1 and N1 category vehicles with a maximum mass not exceeding 3,500 kg.
- ECE 94.03 on the protection of occupants in the event of a frontal collision - scope expanded to include all M1 and N1 category vehicles with a maximum mass not exceeding 3,500 kg.
- ECE 95.03 on the protection of occupants in the event of a lateral collision - scope expanded to include all M1 and N1 category vehicles, regardless of the height of the R points above the ground.
- ECE 125.01 on forward field of vision - scope expanded to include all N1 category vehicles.
5. New Features Requiring New Regulatory Requirements to be Developed
The draft new EU Regulation introduces requirements for a number of new features for which detailed technical requirements and test procedures do not currently exist. It is envisaged that, in most cases, these new requirements will be developed within the UN ECE framework. However, the European Commission will develop specific EU Delegated Regulations on any subjects where the UN ECE are unable to support the European Commission’s requirements and timescales.
The new features required by the draft new Regulation can be summarised as follows:
- Advanced emergency braking systems (AEBS) for M1 and N1 category vehicles capable of detecting moving vehicles and stationary obstacles.
- Advanced emergency braking systems (AEBS) for M1 and N1 category vehicles that are capable of detecting pedestrians and cyclists.
- Blind spot information systems and pedestrian / cyclist collision warning systems for M2, M3, N2 and N3 category vehicles.
- Direct vision requirements for M2, M3, N2 and N3 category vehicles.
- Reversing detection systems for all categories of vehicle.
- Emergency lane keeping systems for M1 and N1 category vehicles.
- Tyre pressure monitoring systems (TPMS) for vehicle categories other than M1 category.
- Intelligent speed assistance (ISA) systems for all M and N category vehicles.
- Emergency stop signals for all categories of vehicle.
- Alcohol interlock installation provisions for all M and N category vehicles.
- Driver drowsiness and attention detection systems for all M and N category vehicles.
- Advanced driver distraction recognition systems for all M and N category vehicles.
- Event data recorders (EDR) for M1 and N1 category vehicles.
- Enlarged pedestrian protection head impact protection zone for M1 and N1 category vehicles.
In preparation for the introduction of autonomous / automated vehicles, the draft new Regulation also specifies the fitment of the following features / systems to such vehicles, regardless of their vehicle category:
- Driver availability monitoring systems.
- Event data recorders (EDR).
- Systems to replace the driver’s control.
- Systems to monitor the area surrounding the vehicle.
- Communication systems and protocols for platooning.
With regard to introduction dates, it is proposed that the new Regulation would enter into force 20 days after its publication in the Official Journal (OJ) and the implementation dates for the new requirements are based on this "entry into force" date. The following table contains a summary of the proposed introduction dates for the new and revised requirements specified above:
| New Requirements | Proposed Implementation Dates |
|
3 years after "entry into force" date for all new registrations |
|
3 years after "entry into force" date for all new type approvals 5 years after "entry into force" date for all new registrations |
|
5 years after "entry into force" date for all new type approvals 7 years after "entry into force" date for all new registrations |
|
7 years after "entry into force" date for all new type approvals 10 years after "entry into force" date for all new registrations |