Commission Delegated Regulation (EU) No 44/2014 of 21 November 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to the vehicle construction and general requirements for the approval of two- or three-wheel vehicles and quadricycles Text with EEA relevance

COMMISSION DELEGATED REGULATION (EU) No 44/2014 of 21 November 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to the vehicle construction and general requirements for the approval of two- or three-wheel vehicles and quadricycles (Text with EEA relevance)

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

Article 2

Definitions

The definitions of Regulation (EU) No 168/2013 shall apply. In addition, the following definitions shall apply:

(1) ‘anti-tampering measures’ means a series of technical requirements and specifications the aim of which is to prevent, as far as possible, unauthorised modifications of the vehicle's powertrain which may prejudice functional safety, in particular by increasing vehicle performance, and damage the environment, and are not permitted by Annex II;

(2) ‘inlet conduit’ means the combination of the inlet passage and the intake pipe;

(3) ‘inlet passage’ means the passage for the intake of air within the cylinder, cylinder-head or crankcase;

(4) ‘intake pipe’ means a part connecting the carburettor or air-control system and the cylinder, cylinder-head or crankcase;

(5) ‘intake system’ means the combination of the inlet conduit and the intake silencer;

(6) ‘exhaust system’ means the combination of the exhaust pipe, the expansion box, the exhaust silencer and pollution control device(s);

(7) ‘special tools’ means tools in conjunction with anti-tampering devices which are made available only to distributors authorised by the vehicle manufacturer and are not available to the general public;

(8) ‘spark delivery of the ignition system’ means all the characteristics of the spark generated in the ignition system of a positive ignition ‘(PI)’ engine used to ignite the air-fuel mixture, such including timing, level and positioning;

(9) ‘fuel feed system’ means the set of components including and between fuel storage and air-fuel blending or injecting device(s);

(10) ‘conformity of production’ (CoP) means the ability to ensure that each series of products produced is in conformity with the specification, performance and marking requirements in the type-approval;

(11) ‘quality management system’ means a set of interrelated or interacting elements that organisations use to direct and control how quality policies are implemented and quality objectives are achieved;

(12) ‘audit’ means an evidence-gathering process used to evaluate how well audit criteria are being applied targeting to be objective, impartial and independent, and handled in a systematic and documented audit process;

(13) ‘corrective actions’ means a problem-solving process in the quality management process with subsequent steps taken to remove the causes of a nonconformity or undesirable situation and designed to prevent their recurrence;

(14) ‘certification’ means an attestation by a national accreditation body that an organisation meets the requirements set by harmonised standards and, where applicable, any additional requirements, including those set out in relevant sectorial schemes, for carrying out a specific conformity assessment activity;

(15) ‘coupling device for L-category vehicle’ means all parts and devices fitted to the frames, load-bearing parts of the bodywork and chassis of the vehicles by means of which towing and towed vehicles are connected together, including fixed or detachable parts for attaching, adjusting or operating the coupling devices;

(16) ‘coupling ball and towing bracket’ means a coupling device employing a spherical device and a bracket fitted on the L-category vehicle for connecting to the trailer by means of a coupling head;

(17) ‘coupling head’ means a mechanical coupling device on the drawbar of trailers for connecting to a coupling ball on the L-category vehicle;

(18) ‘coupling point’ means the centre of engagement of the coupling fitted to a towed vehicle within the coupling fitted to a towing vehicle;

(19) ‘secondary coupling’ means a connecting device capable in the event of separation of the main coupling, to ensure that the trailer remains connected to the towing vehicle and that there is some residual steering action;

(20) ‘plate edge’ means the outline of a plate which would have a total of four clearly identifiable edges if its shape were flat and rectangular and of an overall material thickness not exceeding 10 mm;

(21) ‘stem’ means any projection or part which appears to have a round or virtually round shape, including bolt and screw heads, with a relatively constant overall diameter and which has a free end that can be contacted;

(22) ‘mesh size’ means the number of openings per (linear) inch of mesh;

(23) ‘load platform’ means a platform attached to the structure of the L-category vehicle for the carriage of load;

(24) ‘standard equipment’ means the basic configuration of a vehicle equipped with all the features required under the regulatory acts referred to in Annex II to Regulation (EU) No 168/2013, including all features that are fitted without giving rise to any further specifications on configuration or equipment level;

(25) ‘optional equipment’ means features that are not included in the standard equipment and may be fitted to a vehicle under the responsibility of the manufacturer;

(26) ‘mass of the optional equipment’ means the mass of the equipment which may be fitted to the vehicle in addition to the standard equipment, in accordance with the manufacturer’s specifications;

(27) ‘mass of the coupling’ means the mass of the coupling device and the parts necessary for attaching the coupling to the vehicle;

(28) ‘technically permissible maximum mass at the coupling point’ means the mass, corresponding to the maximum permissible static vertical load on the coupling point (‘S’ or ‘U’ value), of a towing vehicle, on the basis of the construction features of the coupling and the towing vehicle;

(29) ‘actual mass’ in relation to a vehicle means the mass in running order as referred to in Article 5 of Regulation (EU) No 168/2013, plus the mass of the driver (75 kg), plus the mass of the alternative propellant storage if applicable and plus the mass of optional equipment fitted to an individual vehicle;

(30) ‘technically permissible maximum laden mass’ (M) means the maximum mass allocated to a vehicle on the basis of its construction features and design performances;

(31) ‘technically permissible maximum towable mass’ (TM) means the maximum mass capable of being towed by a towing vehicle;

(32) ‘axle’ means the common axis of rotation of two or more wheels whether power driven or freely rotating, and whether in one or more segments located in the same plane perpendicular to the longitudinal centre-line of the vehicle;

(33) ‘technically permissible maximum mass on the axle’ means the mass corresponding to the maximum permissible static vertical load transmitted to the ground by the wheels of the axle, on the basis of the construction features of the axle and the vehicle and their design performances;

(34) ‘pay-mass’ means the difference between the technically permissible maximum laden mass and the actual mass of the vehicle;

(35) ‘longitudinal plane’ means a vertical plane running parallel to the straight-ahead direction of travel of the vehicle;

(36) ‘emission control system’ means the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

(37) ‘malfunction indicator’ (‘MI’) means a visible or audible indicator that clearly informs the driver of the vehicle in the event of malfunctions as referred to in Article 21 of Regulation (EU) No 168/2013;

(38) ‘malfunction’ means the failure of a component or system that would result in emissions exceeding the OBD thresholds laid down in Section (B) of Annex VI to Regulation (EU) No 168/2013, or the triggering of any operating mode which significantly reduces engine torque, or the OBD system being unable to fulfil the basic monitoring requirements of Annex XII;

(39) ‘secondary air’ means air introduced into the exhaust system by means of a pump or aspirator valve or other means intended to aid in the oxidation of HC and CO contained in the exhaust gas flow;

(40) ‘engine misfire’ means a lack of combustion in the cylinder of a positive-ignition engine due to the absence of spark, poor fuel metering, poor compression or any other cause;

(41) ‘type I test’ means the applicable driving cycle used for emission approvals;

(42) ‘driving cycle’ means a test cycle consisting of engine key-on, driving mode where a malfunction would be detected if present, and engine key-off;

(43) ‘warm-up cycle’ means vehicle operation whereby the coolant temperature rises by at least 22 K from engine start-up to at least 343,2 K (70 °C);

(44) ‘fuel trim’ refers to feedback adjustments to the base fuel schedule;

(45) ‘short-term fuel trim’ refers to dynamic or instantaneous adjustments to the base fuel schedule;

(46) ‘long-term fuel trim’ refers to much more gradual adjustments to the fuel calibration schedule which compensate for vehicle differences and gradual changes that occur over time;

(47) ‘calculated load value’ means referring to an indication of the current airflow divided by peak airflow, where peak airflow is corrected for altitude, if available. This definition provides a dimensionless number that is not engine-specific and provides the service technician with an indication of the proportion of engine capacity being used (with wide open throttle as 100 %);

(48) ‘permanent emission default mode’ refers to a case where the engine management controller permanently switches to a setting that does not require an input from a failed component or system where such a failed component or system would result in increasing emissions from the vehicle exceeding the limits set out in Section (B) of Annex VI to Regulation (EU) No 168/2013;

(49) ‘power take-off unit’ means an engine-driven output provision for the purposes of powering auxiliary, vehicle-mounted equipment;

(50) ‘access to OBD’ means the availability of all emission and safety critical related on-board diagnostic information including all fault codes required for the inspection, diagnosis, servicing or repair of environmental or functional-safety-related parts of the vehicle, via the serial interface for the standard diagnostic connection, pursuant to point 3.12 of Appendix 1 to Annex XII;

(51) ‘unrestricted access to the OBD system’ means: (a) access not dependent on an access code obtainable only from the manufacturer, or a similar device; or (b) access allowing evaluation of the data produced without the need for any unique decoding information, unless that information itself is standardised information;

(52) ‘standardised data’ means that all data stream information, including all fault codes used, is produced only in accordance with industry standards which, by virtue of the fact that their format and their permitted options are clearly defined, provide for a maximum level of harmonisation in the L-category vehicle industry, and the use of which is expressly permitted in this Regulation;

(53) ‘deficiency’ in respect of vehicle OBD systems, means a situation in which up to two separate components or systems that are monitored contain temporary or permanent operating characteristics that impair their otherwise efficient OBD monitoring or do not meet all other detailed requirements for OBD;

(54) ‘significant reduction of propulsion torque’ means a propulsion torque less than or equal to 90 % of torque in normal operation mode;

(55) ‘surface of patterned mesh’ means a surface consisting of a pattern of shapes, such as round, oval, diamond, rectangular or square holes, spread evenly at intervals not exceeding 15 mm;

(56) ‘surface of grille’ means a surface consisting of parallel bars spread evenly and not more than 15 mm apart;

(57) ‘nominal surface’ means a theoretical geometrically perfect surface without taking into account surface irregularities such as protrusions or indentations;

(58) ‘inclination’ means the degree of angular deviation in relation to a vertical plane;

(59) ‘customer adaptation’ means any change to a vehicle, system, component or separate technical unit made at the request of a customer and subject to approval;

(60) ‘carry-over system’ means a system, as defined in Article 3(15) of Regulation (EU) No 168/2013, carried over from an old type of vehicle to a new type of vehicle;

(61) ‘stand’ means a device firmly attached to the vehicle and able to maintain the fully unattended vehicle in its intended parking position;

(62) ‘prop stand’ means a stand which, when extended or swung into the position of use, supports the vehicle on one side only, leaving both wheels in contact with the ground;

(63) ‘centre stand’ means a stand which, when swung into the position of use, supports the vehicle by providing one or more areas of contact between the vehicle and the ground on both sides of the longitudinal median plane of the vehicle;

(64) ‘transverse tilt’ means the sideways gradient, expressed as a percentage, of the actual supporting surface where the line formed by the intersection of the longitudinal median plane of the vehicle and the supporting surface is perpendicular to the line of maximum gradient;

(65) ‘longitudinal tilt’ means the fore and aft gradient, expressed as a percentage, of the actual supporting surface where the longitudinal median plane of the vehicle is parallel to, and thus in line with, the line of maximum gradient;

(66) ‘in-use position’ of a stand refers to a stand being extended or opened and put in the intended position for parking;

(67) ‘not-in-use position’ of a stand refers to a stand being retracted or closed and kept in the position for travelling.

CHAPTER II

OBLIGATIONS OF MANUFACTURERS REGARDING VEHICLE CONSTRUCTION

Article 3

Fitting and demonstration requirements related to vehicle construction

Article 4

Application of UNECE regulations

Article 5

Technical specifications on vehicle construction requirements and test procedures

Article 6

Requirements applying to powertrain tampering prevention (anti-tampering) measures

The test procedures and requirements applying to powertrain tampering prevention (anti-tampering) measures referred to in Annex II(C1) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex II to this Regulation.

Article 7

Requirements applying to the arrangements for type-approval procedures

The test procedures and requirements applying to arrangements for type-approval referred to in Annex II(C2) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex III to this Regulation.

Article 8

Requirements applying to conformity of production (CoP)

The test procedures and requirements applying to conformity of production (CoP) referred to in Annex II(C3) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IV to this Regulation.

Article 9

Requirements applying to coupling devices and attachments

The test procedures and requirements applying to coupling devices and attachments referred to in Annex II(C4) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex V to this Regulation.

Article 10

Requirements applying to devices to prevent unauthorised use

The test procedures and requirements applying to devices to prevent unauthorised use referred to in Annex II(C5) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VI to this Regulation.

Article 11

Requirements applying to electromagnetic compatibility (EMC)

The test procedures and requirements applying to electromagnetic compatibility (EMC) referred to in Annex II(C6) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VII to this Regulation.

Article 12

Requirements applying to external projections

The test procedures and requirements applying to external projections referred to in Annex II(C7) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VIII to this Regulation.

Article 13

Requirements applying to fuel storage

The test procedures and requirements applying to fuel storage referred to in Annex II(C8) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IX to this Regulation.

Article 14

Requirements applying to load platforms

The test procedures and requirements applying to load platforms referred to in Annex II(C9) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex X to this Regulation.

Article 15

Requirements applying to masses and dimensions

The test procedures and requirements applying to masses and dimensions referred to in Annex II(C10) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XI to this Regulation.

Article 16

Requirements applying to the functional on-board diagnostics

The test procedures and requirements applying to functional on-board diagnostics referred to in Annex II(C11) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XII to this Regulation.

Article 17

Requirements applying to passenger handholds and footrests

The test procedures and requirements applying to passenger handholds and footrests referred to in Annex II(C12) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIII to this Regulation.

Article 18

Requirements applying to the registration plate space

The test procedures and requirements applying to the registration plate space referred to in Annex II(C13) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIV to this Regulation.

Article 19

Requirements applying to access to repair and maintenance information

The test procedures and requirements applying to access to repair and maintenance information referred to in Annex II(C14) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XV to this Regulation.

Article 20

Requirements applying to stands

The test procedures and requirements applying to stands referred to in Annex II(C15) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XVI to this Regulation.

CHAPTER III

OBLIGATIONS AND REQUIREMENTS RELATING TO TECHNICAL SERVICES

Article 21

Performance standards and assessment of technical services

Technical services have to comply with the performance standards and the procedure for their assessment referred to in Annex II(C16) to Regulation (EU) No 168/2013, which shall be verified in accordance with Annex XVII to this Regulation.

Article 22

Permissibility of self-testing

With respect to the Self-testing by in-house technical services referred to in Article 64(1) of Regulation (EU) No 168/2013, such tests shall only be conducted where permitted in Annex III to this Regulation.

CHAPTER IV

OBLIGATIONS OF THE MEMBER STATES

Article 23

Type-approval of vehicles, systems, components and separate technical units

In accordance with Articles 18, 25 and 33 of Regulation (EU) No 168/2013 and with effect from the dates laid down in Annex IV to Regulation (EU) No 168/2013, national authorities shall, as regards new vehicles not complying with Regulation (EU) No 168/2013 and this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 43(1) of Regulation (EU) No 168/2013 and shall, on grounds relating to emissions, fuel or energy consumption, or the applicable functional safety or vehicle construction requirements, prohibit the making available on the market, registration or entry into service of such vehicles.

CHAPTER V

FINAL PROVISIONS

Article 24

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

LIST OF ANNEXES

Annex number	Annex title
C1  Vehicle construction and general type-approval requirements
I	List of UNECE regulations which apply on a compulsory basis
II	Requirements applying to powertrain tampering prevention (anti-tampering) measures
III	Requirements applying to arrangements for type-approval procedures
IV	Requirements applying to conformity of production (CoP)
V	Requirements applying to coupling devices and attachments
VI	Requirements applying to devices to prevent unauthorised use
VII	Requirements applying to electromagnetic compatibility (EMC)
VIII	Requirements applying to external projections
IX	Requirements applying to fuel storage
X	Requirements applying to load platforms
XI	Requirements applying to masses and dimensions
XII	Requirements applying to functional on-board diagnostics (OBD)
XIII	Requirements applying to passenger handholds and footrests
XIV	Requirements applying to the registration plate space
XV	Requirements applying to access to repair and maintenance information
XVI	Requirements applying to stands
C2  Requirements of technical services
XVII	Performance standards and assessment of technical services

ANNEX I

List of UNECE regulations which apply on a compulsory basis

UNECE regulation No	Subject	Series of amendments	OJ reference	Applicability
10	Electromagnetic compatibility (EMC)	Supplement 1 to the 04 series of amendments	OJ L 254, 20.9.2012, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
62	Protection against unauthorised use	Supplement 2 to the 00 series of amendments	OJ L 89, 27.3.2013, p. 37.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
155	Cyber security and cyber security management system	Supplement 3 to the 00 series of amendments	OJ L, 2025/5, 10.1.2025, ELI: http://data.europa.eu/eli/reg/2025/5/oj	L1e, L2e, L3e, L4e, L5e, L6e and L7e, except L1e category vehicles designed to pedal referred to in Article 3, point (94)(b), of Regulation (EU) No 168/2013

Explanatory note: The fact that a component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other annexes to this Regulation.

ANNEX II

Requirements applying to powertrain tampering prevention measures (anti-tampering)

1. Purpose and scope

1.1. The powertrain tampering prevention (anti-tampering) measures are aimed at ensuring that adverse changes to the vehicle's powertrain which have negative impacts on functional safety and/or on the environment are discouraged.

1.2. The measures shall include special requirements on vehicle markings as regards maximum power, maximum design vehicle speed and stationary sound level on the statutory plate referred to in Article 39(1) of Regulation (EU) No 168/2013. The special marking of original and non-original components, separate technical units, parts and equipment affecting environmental and propulsion unit performance and functional safety shall comply with Article 39(2) and (3) of Regulation (EU) No 168/2013 in order to allow enforcement authorities to verify whether parts and equipment fitted to a vehicle in use are appropriate for the type-approved vehicle.

1.3. All L-category vehicles referred to in Article 2 of Regulation (EU) No 168/2013, with the exception of (sub)categories L3e-A3, L4e-A3 and L5e.

2. General requirements

2.1. The manufacturer shall ensure that the approval authority and technical service is provided with the necessary information and, where appropriate, the necessary vehicles, propulsions, components and separate technical units to enable them to verify that the requirements of this Annex have been met.

2.2. The manufacturer shall declare in the application for the type-approval its commitment not to market interchangeable components which could enable an increase in propulsion unit performance applicable to the relevant (sub)category.

2.4. In no case may the approved maximum design vehicle speed and/or the maximum continuous rated and/or net engine power of the relevant (sub)category, set out in Annex I to Regulation (EU) No 168/2013 may, be exceeded meaning that in any case the vehicle’s propulsion unit performance shall remain within the conformity of production boundaries set out in point 4.1.4 of Annex IV.

2.5. In the case of chains or cogged belts, the number of teeth shall be displayed on the pinions.

2.6. The manufacturer shall declare that manufacturer-facilitated modifications of the following characteristics will not increase the propulsion unit performance exceeding the conformity of production boundaries set out in point 4.1.4 of Annex IV: spark delivery of the ignition system if applicable, fuel feed and delivery system, air intake system including air filter(s) (modification or removal), propulsion battery configuration or electric power to the electric motor(s) if applicable, the drive train and the control unit(s) that control the powertrain of the vehicle.

2.7. If the ignition timing is adjustable, the propulsion unit performance shall be measured with the ignition advance set within ± 5° of the value at which maximum engine power is achieved.

3. Additional specific requirements for (sub)category L1e, L2e and L6e vehicles

3.1. The acceptable tolerance for maximum vehicle speed and/or power limitation of category L1e, L2e and L6e vehicles shall be ± 5 % of the maximum design vehicle speed and/or net and/or continuous rated power classification criteria referred to in Annex I to Regulation (EU) No 168/2013.

3.2. 3.2.1.   Intake system 3.2.1.1.Each intake pipe shall be fixed with shear-bolts or bolts removable only using special tools. A restricted section, indicated on the outside, shall be located inside the pipes; at that point the wall shall be less than 4 mm in thickness, or 5 mm if composed of a flexible material such as rubber. 3.2.1.2.Any interference with the pipes aimed at modifying the restricted section shall lead to either the destruction of the pipes or complete and permanent malfunctioning of the engine until they are restored to their approved condition. 3.2.1.3.A marking with indication of the vehicle (sub-) category as defined in Articles 2 and 4 of, and Annex I to, Regulation (EU) No 168/2013 shall be legible on the pipes. 3.2.2.   Engine 3.2.2.1.If an engine is equipped with (a) reed valve(s), it (they) shall be fixed with shear-bolts which prevent reuse of its support or bolts removable only using special tools. 3.2.2.2.After mounting, the maximum thickness of a cylinder-head gasket, if any, shall not exceed 1,3 mm. 3.2.2.3.Piston for two-stroke engines. The piston, when in position at top dead centre, shall not cover the inlet port. This requirement does not apply to those parts of the transfer/scavenging port which coincide with the inlet port in the case of vehicles the engine of which is equipped with an induction system incorporating reed valve(s). 3.2.2.4.For two-stroke engines, rotation of the piston through 180° shall not increase engine performance. 3.2.2.5.For two-stroke engines, the maximum thickness of any gasket between the base of the cylinder and the crankcase, if any, may not exceed 0,5 mm, after mounting. 3.2.3.   Exhaust system 3.2.3.1.No artificial restriction is permitted in the exhaust system. The valve guides of a four-stroke engine are not to be considered artificial restrictions. 3.2.3.2.Removing the resonator tube, if installed, shall not result in an increase in propulsion unit performance. 3.2.3.3.The part(s) of the exhaust system inside the silencer(s) which determine(s) the effective length of the exhaust pipe shall be affixed to the silencer(s) or expansion box(es) in such a way that it (they) cannot be removed.

3.3. 3.3.1.CVT Transmission covers, if available, shall be fixed by means of at a minimum 2 shear bolts or be disassembled only by using special tools. 3.3.2.The CVT mechanism intended to limit the drive ratio by limitation of the effective distance between two discs shall be fully integrated in one or both discs in such a way that it is impossible to modify the effective distance beyond a limit that would result in an increase of the maximum vehicle speed of more than 10 % of this maximum permissible vehicle speed without destroying the disc system. If the manufacturer employs interchangeable spacer rings in the CVT to adjust the maximum vehicle speed, the complete removal of these rings shall not increase the maximum vehicle speed with more than 10 %.

4. Additional specific requirements for (sub-) categories L3e-A1 and L4e-A1

4.1. Subcategory L3e-A1 and L4e-A1 vehicles shall comply with the requirements of either points 4.2. to 4.2.3., or points 4.3., 4.3.1. and 4.3.2., or points 4.4., 4.4.1. and 4.4.2., and with points 4.5., 4.6. and 4.7. In addition, they shall comply the requirements of points 3.2.2.1., 3.2.2.3., 3.2.2.4., 3.2.2.5., 3.2.3.1. and 3.2.3.3.

4.5. The diameter of the restricted sections referred to in point 4.2. may vary according to the (sub-) category vehicle concerned.

4.6. The manufacturer shall supply the diameter(s) of the restricted section(s) and demonstrate to the approval authority and technical service that this restricted section is the most critical for the passage of gases, and that there is no other section which, if modified, could increase propulsion unit performance.

4.7. After mounting, the maximum thickness of a cylinder-head gasket shall not exceed 1,6 mm.

5. Additional specific requirements for other (sub)categories of vehicle within the scope of point 1.3.

5.1. Any variant or version under the same type of vehicle of subcategory L3e-A2 or of subcategory L4e-A2 complying with the conversion requirements set out in point 4 of Annex III, shall not be derived from a L3e-A3 or L4e-A3 type, variant or version with a maximum net engine power and/or maximum continuous rated power more than twice the values set out in the classification of subcategories L3e-A2 or L4e-A2 in Annex I to Regulation (EU) No 168/2013 (e.g. 70 kW to 35 kW or lower, 50 kW to 35 kW or lower).

6. Additional requirements for (sub)categories L1e, L2e, L3e-A1, L4e-A1 and L6e

6.1.The parts, equipment and components listed below shall be durably and indelibly marked with code number(s) and symbols assigned for identification purposes either by the vehicle manufacturer or by the manufacturer of such (replacement) parts, equipment or components. Such marking may take the form of a label provided that it remains legible in normal use and cannot be detached without being destroyed.

6.2.The marking referred to in point 6.1. shall in principle be visible without dismantling the part in question or other parts of the vehicle. Where the bodywork or other parts of the vehicle obscure a marking, the vehicle manufacturer shall provide the competent authorities with indications for opening or dismantling the parts in question and the location of the marking.

6.3.The characters, figures or symbols used shall be at least 2,5 mm in height and be easily legible.

6.4.The parts, equipment and components referred to in point 6.1. are the following, for all (sub)categories:

6.4.1. any electrical/electronic device for the purpose of combustion engine or electric propulsion motor management (ECU ignition module, injectors, intake air temperature etc.),

6.4.2. carburettor or equivalent device,

6.4.3. catalytic converter(s) (only if not integrated in the silencer),

6.4.4. crankcase,

6.4.5. cylinder,

6.4.6. cylinder head,

6.4.7. exhaust pipe(s) (if separate from the silencer),

6.4.8. inlet pipe (if cast separately from the carburettor or cylinder or crankcase),

6.4.9. intake silencer (air filter),

6.4.10. restricted section (sleeve or other),

6.4.11. noise abatement device (silencer(s)),

6.4.12. transmission driven part (rear chain wheel (sprocket) or pulley),

6.4.13. transmission driving part (front chain wheel (sprocket) or pulley).

6.5.In addition, for categories L1e, L2e, and L6e, the following parts, equipment and components shall be marked in accordance with point 6.1.:

6.5.1. transmission CVT,

6.5.2. transmission controller.

ANNEX III

Requirements applying to arrangements for type-approval procedures

1. Type-approval process

1.1.When receiving an application for vehicle type-approval, the approval authority shall:

1.1.1. verify that all EU type-approval certificates issued pursuant to the regulatory acts which are applicable for vehicle type-approval cover the vehicle type and correspond to the prescribed requirements;

1.1.2. by reference to the documentation make sure that the vehicle specifications and data contained in the vehicle information document are included in the data in the information packages and in the EU type-approval certificates in respect of the relevant regulatory acts;

1.1.3. when an item number in the information document is not included in the information package of any of the regulatory acts, confirm that the relevant part or characteristic conforms to the particulars in the information folder;

1.1.4. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of the relevant EU type-approval certificates;

1.1.5. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable;

1.1.6. carry out or arrange to be carried out necessary checks in respect of the presence of the devices provided for in Annex II to Regulation (EU) No 168/2013;

1.1.7. carry out or arrange to be carried out necessary checks in order to ensure that the requirements regarding gaseous-fuel systems are fulfilled, if applicable.

2. Combination of technical specifications

2.1.The number of vehicles to be submitted shall be sufficient to permit the proper check of the various combinations to be type-approved according to the following criteria:

2.1.1. vehicle type, variants and versions;

2.1.2. vehicle and propulsion family;

2.1.3. transmission;

2.1.4. body style;

2.1.5. number of doors;

2.1.6. number of seating positions.

3. Specific provisions

3.1.Where no approval certificates for any of the relevant regulatory acts are available, the approval authority shall:

3.1.1. arrange for the necessary tests and checks as required by each of the relevant regulatory acts;

3.1.2. verify that the vehicle conforms to the particulars in the vehicle information folder and that it meets the technical requirements of each of the relevant regulatory acts;

3.1.3. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable;

3.1.4. carry out or arrange to be carried out necessary checks in respect of the presence of the devices provided for in Annex II to Regulation (EU) No 168/2013 where applicable;

3.1.5. carry out or arrange to be carried out necessary checks in order to ensure that the requirements regarding gaseous-fuel systems are fulfilled, if applicable.

4. Provisions regarding conversion of subcategories (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycles

Provisions for conversion shall only apply to subcategories (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycles with and without side-car and vice versa.

4.3. Conversion of the (L3e/L4e)-A2 to the (L3e/L4e)-A3 configuration or vice versa shall only be performed and controlled by the motorcycle manufacturer. 4.3.1.The manufacturer shall issue a declaration on request of the vehicle owner bearing the necessary information for the conversion linked by the VIN to the CoC according to the template in the annex of the certificate of conformity set out in Article 38(2) of Regulation (EU) No 168/2013 and declare that from the technical perspective the approved L3e motorcycle may be converted to the (L3e/L4e)-A2 or (L3e/L4e)-A3 performance levels. 4.3.2.This manufacturer declaration shall include: the EU-Whole Vehicle type-approval (‘WVTA’) numbers, the changed data (with reference to the type-approval numbers concerned in the CoC), a brief description of the parts or equipment to be changed and the software ID and calibration verification numbers for both configurations. A specimen of the filled-out manufacturer declaration shall be included in the information folder.

4.4. A Member State shall not refuse first registration and shall not require any additional testing for the purposes of first registration of a new (L3e/L4e)-A2 or (L3e/L4e)-A3 motorcycle if the new motorcycle (L3e/L4e)-A2 is converted to the (L3e/L4e)-A3 performance level or vice versa under the following conditions: —————

5. Procedures to be followed during multi-stage EU type-approval

5.1.1.The satisfactory operation of the process of multi-stage EU type-approval requires joint action by all the manufacturers concerned. To this end type-approval authorities shall ensure, before granting first and subsequent stage approval, that suitable arrangements exist between the relevant manufacturers for the supply and interchange of documents and information such that the completed vehicle type meets the technical requirements of all the provisions laid down in Regulation (EU) No 168/2013. Such information shall include details of relevant system, component and separate technical unit approvals and of vehicle parts which form part of the incomplete vehicle but are not yet approved.

5.1.2.Type-approvals in accordance with point 5 are granted on the basis of the current state of completion of the vehicle type and shall incorporate all approvals granted at earlier stages.

5.1.3.Each manufacturer in a multi-stage EU type-approval process is responsible for the approval and conformity of production of all systems, components or separate technical units manufactured by him or added by him to the previously built stage. He is not responsible for subjects which have been approved in an earlier stage except in those cases where he modifies relevant parts to an extent that the previously granted approval becomes invalid.

The approval authority shall:

5.2.1. verify that all EU type-approval certificates issued pursuant to the regulatory acts which are applicable for vehicle type-approval cover the vehicle type at its state of completion and correspond to the prescribed requirements;

5.2.2. verify, in accordance with Article 25(6) of Regulation (EU) No 168/2013 that the vehicle type-approved at the final stage meets at that time all applicable technical requirements. That shall include a documentary check of all requirements covered by a type-approval for an incomplete vehicle granted in the course of a multistage procedure, even where granted for a different (sub)category of vehicle.

5.2.3. ensure, in accordance with Article 25(7) of Regulation (EU) No 168/2013, that the choice of approval procedure does not affect the applicable substantive requirements with which the approved vehicle type has to comply at the time of issuing of the whole-vehicle type-approval.

5.2.4. ensure that all the relevant data, taking account of the state of completion of the vehicle, is included in the information folder;

5.2.5. by reference to the documentation make sure that the vehicle specification(s) and data contained in Part I of the vehicle information folder are included in the data in the information packages and in the EU type-approval certificates, in respect of the relevant regulatory acts; and in the case of a completed vehicle, where an item number in Part I of the information folder is not included in the information package of any of the regulatory acts, confirm that the relevant part of characteristic conforms to the particulars in the information folder;

5.2.6. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of all relevant regulatory acts;

5.2.7. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable.

5.3. The number of vehicles to be inspected for the purposes of point 4.2.4 shall be sufficient to permit the proper control of the various combinations to be EU type-approved according to the state of completion of the vehicle and the criteria set out in 2.1.

6. Specific conditions required of virtual testing methods and regulatory acts for which virtual and/or self-testing methods may be used by a manufacturer or a technical service

6.0.1.This point 6 lays down appropriate provisions concerning virtual testing in accordance with Article 32(6) of Regulation (EU) No 168/2013. It shall not apply to the second subpoint of Article 32(3) of that Regulation.

6.0.2.This point 6 also sets out topics for self-testing in accordance with the requirements in Article 64(1) of Regulation (EU) No 168/2013.

Requirements listed in Regulation (EU) No 168/2013	Virtual and/or self-testing applicable ?	Subject	Restrictions/Comments
Section (A2) of Annex II	Self-testing	Testing procedures on maximum design vehicle speed	Only for subcategories L3e, L4e and L5e and does not include any other propulsion unit performance testing.
Section (B1) of Annex II	Self-testing	Audible warning devices	Installation only
Section (B7) of Annex II	Self-testing	Driver-operated controls including identification of controls, tell-tales and indicators	Speedometer only
Section (B8) of Annex II	Virtual testing	Installation of lighting and light signalling devices	Dimensions only
Section (B9) of Annex II	Virtual testing	Rearward visibility	Installation only; only according to UNECE regulation No 81
Section (B14) of Annex II	Virtual testing	Installation of tyres	Only where clearance exceeds 10 mm.
Section (C13) of Annex II	Self- and Virtual testing	Registration plate space
Section (C15) of Annex II	Self-testing	Stands	Only point 2.5 stand retention systems.
Article 39 of Regulation (EU) No 168/2013	Self-testing	Statutory plate and EU type-approval mark

7. General conditions required for virtual testing methods

The following scheme shall be used as a basic structure for describing and conducting virtual testing:

7.1.1. purpose;

7.1.2. structure model;

7.1.3. boundary conditions;

7.1.4. load assumptions;

7.1.5. calculation;

7.1.6. assessment;

7.1.7. documentation.

The mathematical model shall be supplied by the manufacturer. It shall reflect the complexity of the structure of the vehicle, system and components to be tested in relation to the requirements of the regulatory act and its boundary conditions. The same provisions shall apply mutatis mutandis for testing components or technical units independently from the vehicle.

The mathematical model shall be validated in comparison with the actual test conditions. A physical test shall be conducted for the purposes of comparing the results obtained when using the mathematical model with the results of a physical test. Comparability of the test results shall be proven. A validation report shall be drafted by the manufacturer or by the technical service and submitted to the approval authority. Any change made to the mathematical model or to the software likely to invalidate the validation report shall be brought to the attention of the approval authority, which may require that a new validation process is conducted. The flow chart of the validation process is shown in Appendix 3.

The data and auxiliary tools used for the simulation and calculation shall be made available by the manufacturer and be documented in a suitable way.

At the request of the technical service, the manufacturer shall supply or provide access to the necessary tools, including appropriate software.

7.2.5. In addition, the manufacturer shall provide appropriate support to the technical service.

7.2.6. Providing access and support to a technical service does not remove any obligation of the technical service regarding the skills of its personnel, the payment of licence rights and respect of confidentiality.

8. Validation process for virtual testing

8.1.

Figure 3-1 Virtual testing validation process flow chart

Text of image Manufacturer Mathematical model Validation process Physical prototype Physical Test Computer Simulation Validation report Agreement Approval Authority Approval process Virtual Prototypes I, II, … Computer Simulation Technical Report acc. to EU Regulation Approval Authority

ANNEX IV

Requirements applying to conformity of production

0. Objectives

0.1.The conformity of production (CoP) procedure aims to ensure that each vehicle, system, component, separate technical unit, part or equipment produced is in conformity with the approved type.

0.2.Procedures include inseparably the assessment of quality-assurance management systems, referred to below as ‘initial assessment’ and verification and production-related controls, referred to as ‘product conformity arrangements’.

1. Initial assessment

1.1.Before granting type-approval, the approval authority shall verify the existence of satisfactory arrangements and procedures established by the manufacturer for ensuring effective control so that vehicles, systems, components or separate technical units when in production conform to the approved type.

1.2.Guidance for conducting assessments may be found in the EN ISO 19011:2011 standard — Guidelines for quality and/or environmental management systems auditing.

1.3.The requirement in point 1.1 shall be verified to the satisfaction of the approval authority granting type-approval. The approval authority shall be satisfied with the initial assessment and the product conformity arrangements in section 2 below, taking account — as necessary — of one of the arrangements described in points 1.3.1 to 1.3.3 or a combination of those arrangements in full or in part as appropriate.

1.3.1.The initial assessment and/or verification of product conformity arrangements shall be carried out by the approval authority granting the approval or by a technical service designated to act on behalf of that authority.

1.3.1.1.When considering the extent of the initial assessment to be carried out, the approval authority may take account of available information relating to:

1.3.1.1.1. the manufacturer’s certification described in point 1.3.3 below, which has not been qualified or recognised under that point;

1.3.1.1.2. in the case of type-approval of systems, components or separate technical units, quality system assessments performed by vehicle manufacturer(s) on the premises of the manufacturer(s) of the system, component or separate technical units, according to one or more of the industry sector specifications satisfying the requirements in the EN ISO 9001:2008 or ISO/TS16949:2009 standards.

1.3.2.The initial assessment and/or verification of product conformity arrangements may be carried out by the approval authority of another Member State, or the technical service designated for this purpose by that authority.

1.3.2.1.In such a case, the approval authority of the other Member State shall prepare a statement of compliance outlining the areas and production facilities it has covered as relevant to the product(s) to be type-approved and to the EU Regulations according to which these products are to be type-approved.

1.3.2.2.On receiving an application for a compliance statement from the approval authority granting type-approval, the approval authority of another Member State shall send forthwith the statement of compliance or advise that it is not in a position to provide such a statement.

1.3.2.3.The statement of compliance shall include at least the following:

1.3.2.3.1. group or company (e.g. XYZ automotive);

1.3.2.3.2. particular organisation (e.g. regional division);

1.3.2.3.3. plants/sites (e.g. engine plant 1 (in country A) — vehicle plant 2 ( in country B));

1.3.2.3.4. vehicle/component range (e.g. all category LXe models);

1.3.2.3.5. areas assessed (e.g. engine assembly, body pressing and assembly, vehicle assembly);

1.3.2.3.6. documents examined (e.g. company and site quality manual and procedures);

1.3.2.3.7. date of the assessment (e.g. audit conducted from dd/mm/yyyy to dd/mm/yyyy);

1.3.2.3.8. planned monitoring visit (e.g. mm/yyyy);

1.3.3.The approval authority may also accept the manufacturer’s certification to the international EN ISO 9001:2008 or ISO/TS16949:2009 standard (the scope of this certification shall in that case cover the product(s) to be approved) or an equivalent certification standard as satisfying the initial assessment requirements of point 1.1, provided that conformity of production is indeed covered by the quality management system. The manufacturer shall provide details of the certification and undertake to inform the approval authority of any revisions to its validity or scope of that certification.

1.4.For the purpose of vehicle type-approval, the initial assessments carried out for granting approvals for systems, components and separate technical units of the vehicle need not be repeated but shall be complemented by an assessment covering the locations and activities relating to the assembly of the whole vehicle not covered by the former assessments.

2. Product conformity arrangements

2.1.Every vehicle, system, component, separate technical unit, part or item of equipment pursuant to a UNECE regulation annexed to the Revised 1958 Agreement and to Regulation (EU) No 168/2013 shall be so manufactured as to conform to the type approved by meeting the requirements of this Annex, the said UNECE regulation(s) and Regulation (EU) No 168/2013.

2.2.Before granting a type-approval pursuant to Regulation (EU) No 168/2013 and to a UNECE regulation annexed to the Revised 1958 Agreement, the approval authority shall verify the existence of adequate arrangements and documented control plans, to be agreed with the manufacturer for each approval, to carry out at specified intervals those tests or associated checks necessary to verify continued conformity with the approved type, including, where applicable, tests specified in Regulation (EU) No 168/2013 and the said UNECE regulation.

2.3.The holder of the type-approval shall, in particular:

2.3.1. ensure the existence and application of procedures for effective control of the conformity of products (vehicles, systems, components, separate technical units, parts or equipment) to the approved type;

2.3.2. have access to the testing or other appropriate equipment necessary for checking conformity to each approved type;

2.3.3. ensure that test or check result data are recorded and that annexed documents remain available for a period of up to 10 years to be determined in agreement with the approval authority;

2.3.4. analyse the results of each type of test or check, in order to verify and ensure the stability of the product characteristics, making allowance for variation in industrial production;

2.3.5. ensure that for each type of product, at least the checks and the tests prescribed in Regulation (EU) No 168/2013 and its delegated and implementing acts as well as set out in the referenced and applicable UNECE regulation therein are carried out;

2.3.6. ensure that any set of samples or test pieces giving evidence of non-conformity in the type of test in question gives rise to a further sampling and test. All the necessary steps shall be taken to restore the production process to ensure conformity with the approved type.

2.4.In the case of step-by-step, mixed or multi-stage type-approvals, the approval authority granting whole vehicle type-approval may request specific details regarding compliance with the conformity of production requirements set out in this Annex from any approval authority that granted type-approval of any relevant system, component or separate technical unit.

2.5.If the approval authority granting whole vehicle type-approval is not satisfied with the reported information referred to in point 2.4 and has communicated this in writing to the manufacturer in question and the approval authority granting type-approval for the system, component or separate technical unit, the approval authority granting whole vehicle type-approval shall demand additional conformity of production audits or checks to be performed at the site of the manufacturer(s) of those systems, components or separate technical units and the results shall immediately be made available to the approval authority concerned.

2.6.If points 2.4 and 2.5 apply and the further audit or check results are deemed not to be satisfactory in the opinion of the approval authority granting whole vehicle type-approval, the manufacturer shall ensure that conformity of production is restored as soon as possible by corrective actions to the satisfaction of the approval authority granting whole vehicle type-approval and to the satisfaction of the approval authority granting type-approval of the system, component or separate technical unit.

3. Continued verification arrangements

3.1The authority which has granted type-approval may at any time verify the conformity of production control methods applied in each production facility by means of periodic audits. The manufacturer shall for that purpose allow access to the manufacture, inspection, testing, storage and distribution sites and shall provide all necessary information with regard to the quality management system documentation and records.

3.1.1.The normal approach for such periodic audits shall be to monitor the continued effectiveness of the procedures laid down in sections 1 and 2 (initial assessment and product conformity arrangements).

3.1.1.1.Surveillance activities carried out by the technical services (qualified or recognised as required in point 1.3.3) shall be accepted as satisfying the requirements of point 3.1.1 with regard to the procedures established at initial assessment.

3.1.1.2.The normal frequency of these verifications by the approval authority (other than those referred to in point 3.1.1.1) shall be such as to ensure that the relevant conformity of production controls applied in accordance with sections 1 and 2 are reviewed over a period consistent with the climate of trust established by the approval authority.

3.2.At every review, the records of tests and checks and production records, in particular records of those tests or checks documented as required in point 2.2, shall be available to the inspector;

3.3.The inspector may select random samples to be tested in the manufacturer’s laboratory or in the facilities of the technical service, in which case only physical tests shall be carried out. The minimum number of samples may be determined according to the results of the manufacturer’s own verification.

3.4.Where the level of control appears unsatisfactory, or when it seems necessary to verify the validity of the tests carried out in application of point 3.2, the inspector shall select samples to be sent to the technical service to perform physical tests according to the requirements regarding conformity of production set out in point 4 and in the UNECE regulations referred to in Regulation (EU) No 168/2013 or in its delegated acts.

3.5.Where unsatisfactory results are found during an inspection or a monitoring review, the approval authority shall ensure that all necessary steps are taken to restore conformity of production as rapidly as possible.

3.6.In cases where compliance with UNECE regulations is required by Regulation (EU) No 168/2013 or its delegated acts, the manufacturer may choose to apply the provisions of this Annex as an equivalent alternative to the conformity of production requirements in the respective UNECE regulations. However, if points 3.5 or 3.6 apply, all separate conformity of production requirements in the UNECE regulations have to be complied with to the satisfaction of the approval authority until it decides that conformity of production has been restored.

4. Conformity of production test requirements in cases of an unsatisfactory level of product conformity control as referred to in point 3.4.