Commission Delegated Regulation (EU) 2016/1824 of 14 July 2016 amending Delegated Regulation (EU) No 3/2014, Delegated Regulation (EU) No 44/2014 and Delegated Regulation (EU) No 134/2014 with regard, respectively, to vehicle functional safety requirements, to vehicle construction and general requirements and to environmental and propulsion unit performance requirements (Text with EEA relevance)

COMMISSION DELEGATED REGULATION (EU) 2016/1824

of 14 July 2016

amending Delegated Regulation (EU) No 3/2014, Delegated Regulation (EU) No 44/2014 and Delegated Regulation (EU) No 134/2014 with regard, respectively, to vehicle functional safety requirements, to vehicle construction and general requirements and to environmental and propulsion unit performance requirements

(Text with EEA relevance)

Article 1

Delegated Regulation (EU) No 3/2014 is amended as follows:

• (1)in Article 3(2), ‘Manufacturers’ is replaced by ‘Manufacturers of parts and equipment’;

• (2)the Annexes are amended in accordance with Annex I to this Regulation.

Article 2

Delegated Regulation (EU) No 44/2014 is amended as follows:

• (1)in Article 3(3), ‘Manufacturers’ is replaced by ‘Manufacturers of parts and equipment’;

• (2)the Annexes are amended in accordance with Annex II to this Regulation.

Article 3

Delegated Regulation (EU) No 134/2014 is amended as follows:

• (1)Article 2 is amended as follows

• (a)in point (16), ‘ehaust’ is replaced by ‘exhaust’;

• (b)point (42) is replaced by the following:

‘(42)“maximum thirty minutes speed” of a vehicle means the maximum achievable vehicle speed measured during 30 minutes as a result of the 30 minute power set out in UNECE regulation No 85 ([^E0001]);

• (2)in Article 3(4), ‘manufacturer’ is replaced by ‘manufacturer of parts and equipment’;

• (3)the Annexes are amended in accordance with Annex III to this Regulation.

Article 4

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

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

ANNEX I

Amendments to Delegated Regulation (EU) No 3/2014

The Annexes to Delegated Regulation (EU) No 3/2014 are amended as follows:

• (1)Annex I is replaced by the following:

‘ANNEX I

List of UNECE regulations which apply on a compulsory basis

UNECE regulation No	Subject	Series of amendments	OJ reference	Applicability
1	Headlamps for motor vehicles (R2, HS1)	02	OJ L 177, 10.7.2010, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
3	Retro-reflectors	Supplement 12 to the 02 series of amendments	OJ L 323, 6.12.2011, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
6	Direction indicators	Supplement 25 to the 01 series of amendments	OJ L 213, 18.7.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
7	Front and rear position lamps and stop lamps	Supplement 23 to the 02 series of amendments	OJ L 285, 30.9.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
8	Head lamps for motor vehicles (H1, H2, H3, HB3, HB4, H7, H8, H9, H11, HIR1, HIR2)	05	OJ L 177, 10.7.2010, p. 71.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
16	Safety belts, restraint systems and child restraint systems	Supplement 5 to the 06 series of amendments	OJ L 304, 20.11.2015, p. 1.	L2e, L4e, L5e, L6e and L7e
19	Front fog lamps	Supplement 6 to the 04 series of amendments	OJ L 250, 22.8.2014, p. 1.	L3e, L4e, L5e and L7e
20	Headlamps for motor vehicles (H4)	03	OJ L 177, 10.7.2010, p. 170.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
28	Audible warning devices	Supplement 3 to the 00 series of amendments	OJ L 323, 6.12.2011, p. 33.	L3e, L4e and L5e
37	Filament bulbs	Supplement 42 to the 03 series of amendments	OJ L 213, 18.7.2014, p. 36.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
38	Rear fog lamps	Supplement 15 to the 00 series of amendments	OJ L 4, 7.1.2012, p. 20.	L3e, L4e, L5e and L7e
39	Uniform provisions concerning the approval of vehicles with regard to the speedometer equipment including its installation	Supplement 5 to the original version of the Regulation	OJ L 120, 13.5.2010, p. 40.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
43	Safety glazing	Supplement 2 to the 01 series of amendments	OJ L 42, 12.2.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
46	Devices for indirect vision (rear-view mirrors)	Supplement 1 to the 04 series of amendments	OJ L 237, 8.8.2014, p. 24.	L2e, L5e, L6e and L7e
50	Lighting components for vehicles of category L	Supplement 16 to the 00 series of amendments	OJ L 97, 29.3.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
53	Installation of lighting (motorcycle)	Supplement 14 to the 01 series of amendments	OJ L 166, 18.6.2013, p. 55.	L3e
56	Headlamps for mopeds and vehicles treated as such	01	OJ L 89, 25.3.2014, p. 1.	L1e, L2e and L6e
57	Headlamps for motorcycles and vehicles treated as such	02	OJ L 130, 1.5.2014, p. 45.	L3e, L4e, L5e and L7e
60	Identification of controls tell-tales and indicators	Supplement 4 to the 00 series of amendments	OJ L 297, 15.10.2014, p. 23.	L1e and L3e
72	Headlamps for motorcycles and vehicles treated as such (HS1)	01	OJ L 75, 14.3.2014, p. 1.	L3e, L4e, L5e and L7e
74	Installation of lighting (moped)	Supplement 7 to the 00 series of amendments	OJ L 166, 18.6.2013, p. 88.	L1e
75	Tyres	Supplement 13 to the 01 series of amendments	OJ L 84, 30.3.2011, p. 46.	L1e, L2e, L3e, L4e and L5e
78	Braking, including anti-lock and combined brake systems	Corrigendum 2 to the 03 series of amendments	OJ L 24, 30.1.2015, p. 30.	L1e, L2e, L3e, L4e and L5e
81	Rear-view mirrors	Supplement 2 to the 00 series of amendments	OJ L 185, 13.7.2012, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
82	Headlamps for mopeds and vehicles treated as such (HS2)	01	OJ L 89, 25.3.2014, p. 92.	L1e, L2e and L6e
87	Daytime running lamps	Supplement 15 to the 00 series of amendments	OJ L 4, 7.1.2012, p. 24.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
90	Replacement brake lining assemblies and drum brake linings	02	OJ L 185, 13.7.2012, p. 24.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
98	Headlamps with gas-discharge light sources	Supplement 4 to the 01 series of amendments	OJ L 176, 14.6.2014, p. 64.	L3e
99	Gas-discharge light sources	Supplement 9 to the 00 series of amendments	OJ L 285, 30.9.2014, p. 35.	L3e
112	Headlamps with asymmetrical beams	Supplement 4 to the 01 series of amendments	OJ L 250, 22.8.2014, p. 67.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
113	Headlamps with symmetrical beams	Supplement 3 to the 01 series of amendments	OJ L 176, 14.6.2014, p. 128.	L1e, L2e, L3e, L4e, L5e, L6e and L7e

• 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.’;

• (2)Annex IV is amended as follows:

• (a)point 4.1.4. is replaced by the following:

‘4.1.4.If the on-board REESS can be externally charged by the driver, vehicle movement by its own propulsion system shall be impossible as long as the connector of the external electric power supply is physically connected to the vehicle inlet. For vehicles of category L1e with a mass in running order ≤ 35 kg vehicle movement by its own propulsion system shall be inhibited as long as the connector of the battery charger is physically connected to the external electric power supply. Compliance with this requirement shall be demonstrated by using the connector or battery charger specified by the vehicle manufacturer. In case of permanently connected charge cables, the requirement above is deemed to be met when use of the charge cable obviously prevents the use of the vehicle (e.g. cable is always routed over operator controls, rider's saddle, driver's seat, handle bar or steering wheel, or the seat covering the cable storage space needs to remain in open position).’;

• (b)point 4.3. is replaced by the following:

‘4.3   Driving backwards

It shall not be possible to activate the vehicle reverse control function in an uncontrolled manner whilst the vehicle is in forward motion, insofar as such activation could cause a sudden and strong deceleration or wheel lock. However, it may be possible for the vehicle reverse control function to be activated in such a way that it may slow down the vehicle gradually.’;

• (3)in Annex VII, in Part 1, point 1.1.1. is replaced by the following:

‘1.1.1.All safety glazing fitted to the vehicle shall be type-approved in accordance with UNECE regulation No 43 ([^E0002]).

• (4)Annex VIII is amended as follows:

• (a)points 1.1.1.1. and 1.1.1.2. are replaced by the following:

‘1.1.1.1.It shall be ensured that no deviations in the shape and orientation of the provided symbols are permitted, notably that any customised appearance of the provided symbols shall be prohibited.

• 1.1.1.2.Small irregularities concerning line thickness, the marking application and other relevant production tolerances shall be accepted, as provided in paragraph 4 of ISO 2575:2010/Amd1:2011 (design principles).’;

• (b)point 2.1.3. is replaced by the following:

‘2.1.3.It shall be ensured that no deviations in the shape and orientation of the provided symbols are permitted, notably that any customised appearance of the provided symbols shall be prohibited.

Small irregularities concerning line thickness, the marking application and other relevant production tolerances shall be accepted, as provided in paragraph 4 of ISO 2575:2010/Amd1:2011 (design principles).’;

• (5)Annex IX is amended as follows:

• (a)point 1.12 is replaced by the following:

‘1.12Where automatically switched-on headlamp or daytime running lamp activation is linked to the running of an engine, this shall be construed, for vehicles with electric or other alternative propulsion unit systems and vehicles equipped with an automatic stop/start system of the propulsion unit, as being linked to the master control switch having been activated with the vehicle in normal operation mode.’;

• (b)point 2.3.11.8. is replaced by the following:

‘2.3.11.8.Other requirements:

—in the absence of prescriptions for reversing lamp lighting devices which can be type-approved for vehicles of category L, the reversing lamp shall be type-approved according to UNECE regulation No 23 ([^E0003]).

• (c)point 2.3.15.8. is replaced by the following:

‘2.3.15.8.Other requirements:

—in the absence of prescriptions for side marker lamp lighting devices which can be type-approved for vehicles of category L, the lamps shall be type-approved according to UNECE regulation No 91 ([^E0004]).

• (6)Annex XV is amended as follows:

• (a)points 1.1. and 1.1.1. are replaced by the following:

‘1.1.Subject to the provisions of points 1.1.1. to 1.1.2., all tyres fitted to vehicles, including any spare tyre, shall be type-approved according to UNECE regulation No 75.

• 1.1.1.Where a vehicle is designed for conditions of use which are incompatible with the characteristics of tyres type-approved according to UNECE regulation No 75 as applicable in the Union legislation at the time of type-approval testing of the vehicle and it is therefore necessary to fit tyres with different characteristics, the requirements of point 1.1. do not apply, provided that the following conditions are met:

—the tyres are type-approved according to Council Directive 92/23/EEC ([^E0005]), Regulation (EC) No 661/2009 of the European Parliament and of the Council ([^E0006]) or UNECE regulation No 106; and

—the approval authority and technical service are satisfied that the tyres fitted are suitable for the operating conditions of the vehicle. The nature of this exemption and reasons for acceptance shall be clearly stated in the test report.

• (b)point 1.2. is deleted;

• (c)point 2.2. is replaced by the following:

‘2.2.The vehicle manufacturer may restrict the category of use of original and replacement tyres that may be installed on the vehicle. In this case, the categories of use of tyres that may be fitted to the vehicle shall be clearly stated in the vehicle's instruction manual.’;

• (d)point 2.2.1. is deleted;

• (e)point 2.3 is replaced by the following:

‘2.3.The space in which each wheel revolves shall be such as to allow unrestricted movement when using the maximum permissible size of tyres and rim widths, taking into account the minimum and maximum wheel off-sets if applicable, within the minimum and maximum suspension and steering constraints as declared by the vehicle manufacturer. This shall be verified by performing the checks for the largest and the widest tyre in each space, taking into account the applicable rim size and the maximum allowed section width and outer diameter of the tyre, in relation to the tyre size designation as specified in the applicable legislation. The checks shall be performed by rotating a representation of the tyre's permissible overall dimensions in the form of a maximum envelope, not just the actual tyre, in the space for the wheel in question.’;

• (f)the following points 2.3.1., 2.3.2. and 2.4 are inserted:

‘2.3.1.All tyres that may be fitted to the vehicle in accordance with point 2.2. shall be taken into account for the determination of the permissible overall dimensions (i.e. the maximum envelope) of the relevant tyre, as applicable in the Union legislation at the time of type-approval testing of the vehicle. For this purpose, either the specifications as provided for in Annex 5 of UNECE Regulation No 75 or the permitted percentages as provided for sizes not included in that Annex shall be taken into account (e.g. overall width of multiservice tyres (MST) + 25 %, normal and snow service tyres + 10 % in case of rim diameter code 13 and above and + 8 % in case of rim diameter codes up to 12 inclusive).

• 2.3.2.In addition, the permissible dynamic growth of the height of bias and bias/belted construction tyres which are type-approved according to UNECE regulation No 75 depends on the speed category and the category of use of the tyre. To ensure an appropriate selection of bias and bias/belted replacement tyres for the end-user of the vehicle, the vehicle manufacturer shall take into account both the permitted categories of use as well as the speed category that is compatible with the maximum design vehicle speed, for the determination of the permitted tolerance laid down in point 4.1. of Annex 9 to UNECE regulation No 75 (i.e. Hdyn = H × 1,10 up to Hdyn = H × 1,18). More stringent categories may be taken into account at the discretion of the vehicle manufacturer.

• 2.4.The technical service may agree to an alternative test procedure (e.g. virtual testing) to verify that the requirements of point 2.3. to 2.3.2. are met, provided that the clearance between the tyre's maximum envelope and vehicle structure exceeds 10 mm at all points.’;

• (g)point 4.2.2. is replaced by the following:

‘4.2.2.In the case of vehicles normally equipped with ordinary tyres and occasionally fitted with snow tyres, where the speed category symbol of the snow tyre shall correspond to a speed either greater than the maximum design vehicle speed or not less than 130 km/h (or both). However, if the maximum design vehicle speed is greater than the speed corresponding to the lowest speed category symbol of the fitted snow tyres, a maximum speed warning label, specifying the lowest value of the maximum speed capability of the fitted snow tyres or the manufacturer's recommended speed for the vehicle (whichever is lower), shall be displayed inside the vehicle in a prominent position or, if the vehicle does not have an interior, as close as possible to the instrument cluster, readily and permanently visible to the driver.’;

• (7)Annex XVI is amended as follows:

• (a)point 2.1 is replaced by the following:

‘2.1.All characters on the plate shall be formed by retro-reflective material type-approved as Class D, E or D/E according to UNECE regulation No 104 ([^E0007]).

• (b)point 3.3.1. is replaced by the following:

‘3.3.1.The plate shall be perpendicular, ± 5°, to the longitudinal plane of the vehicle.’;

• (c)in point 3.6.1, the first indent is replaced by the following:

‘—the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards to the left and to the right of the plate of 30° in relation to the longitudinal plane, parallel to the longitudinal median plane of the vehicle, passing through the centre of the plate;’;

• (d)in point 3.6.2, the first indent is replaced by the following:

‘—the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards to the left and to the right of the plate of 30° in relation to the longitudinal plane, parallel to the longitudinal median plane of the vehicle, passing through the centre of the plate;’;

• (8)Annex XVII is amended as follows:

• (a)the following point 1.1.6.3.1. is inserted:

‘1.1.6.3.1.However, in case the level of the instrument panel is located above the level of the horizontal plane coinciding with the R-point of the seating position of the driver, a knee-form testing apparatus shall be used above the upper horizontal boundary of interior zone 2 to assess contactable edges of the instrument panel, as well as any elements mounted directly onto it, located below the level of the instrument panel. The technical service shall clearly indicate in the test report which parts of the interior are deemed to be instrument panel and relevant elements, in agreement with the type-approval authority. The steering control shall be disregarded for the determination of the level of the instrument panel.’;

• (b)the following point 2.1.8. is inserted:

‘2.1.8.Contactable edges of type-approved interior rear-view mirrors (Class I) are deemed to comply with the requirements of this Annex.’;

• (c)point 2.2.1. is replaced by the following:

‘2.2.1.In this zone, as well as that covered by point 1.1.6.3.1., a knee-form testing apparatus shall be moved from any given starting location in a horizontal and forward direction, while the orientation of the X-axis of the device may be varied within the specified limits. All contactable edges, except those mentioned below, shall be rounded with a radius of curvature of at least 3.2 mm. Contacts made with the rear face of the device shall be disregarded.’;

• (d)the following points 2.4., 2.4.1. and 2.4.2. are added:

‘2.4.   Interior zones 1, 2 and 3

• 2.4.1.Radii of contactable edges that cannot be determined accurately with the use of conventional measuring tools (e.g. radius gauge) due to oblique corners, limited protrusions, character or style lines, ribs and bumps as well as surface graining, are deemed in compliance with the requirements provided that such edges are at least blunted.

• 2.4.2.The vehicle manufacturer may as an alternative choose to apply in full all relevant requirements of UNECE regulation No 21 ([^E0008]) as prescribed for vehicle category M1, covering the entire, not just portions, of the interior.

• (9)Annex XVIII is amended as follows:

• (a)point 1.1.2.1.1. is replaced by the following:

‘1.1.2.1.1.Adjustment of the spark properties, including timing and/or presence, in order to limit the maximum design vehicle speed and/or maximum power shall be allowed for (sub)categories L3e-A2 (only if maximum net power ≥ 20 kW), L3e-A3, L4e-A, L5e, L6eB and L7eC. It may also be allowed for other (sub)categories provided that the adjustment concept does not negatively affect emission of gaseous pollutants, CO2 emissions and fuel consumption while at maximum design vehicle speed and/or maximum power conditions which shall be verified by the technical service.’;

• (b)point 1.1.2.5. is replaced by the following:

‘1.1.2.5.At least two of the limitation methods used, as referred to in points 1.1.2.1 to 1.1.2.4., shall operate independently of each other, be different in nature and have different design philosophies, although they may apply similar elements (e.g. both methods based on the notion of rotation speed as a criterion, but one measured inside a motor and the other in the drive-train's transmission). Failure of one method to work as intended (e.g. due to tampering) shall not impair the limitation function of other methods. In this case, the maximum power and/or vehicle speed which can be attained may be lower than under normal conditions. Without prejudice to the conformity of production tolerance set out in point 4.1.4. of Annex IV to Regulation (EU) No 44/2014, the maximum power and/or vehicle speed may not be higher than demonstrated at type-approval, if one out of the two redundant limitation methods is eliminated.’;

• (c)the following points 1.1.2.6. to 1.1.2.9. are inserted:

‘1.1.2.6.The vehicle manufacturer shall be allowed to make use of limitation methods other than those listed in points 1.1.2.1 to 1.1.2.4. if the manufacturer can prove to the technical service and to the satisfaction of the type approval authority that those alternative limitation methods meet the principles of redundancy set out in point 1.1.2.5. and provided that at least one of the parameters listed in points 1.1.2.1., 1.1.2.2. or 1.1.2.3. (e.g. limitation of fuel mass, air mass, spark delivery and drivetrain rotation limitation) is applied in one of the limitation methods.

• 1.1.2.7.The manufacturer shall be allowed to combine two or more of the individual limitation methods referred to in points 1.1.2.1 to 1.1.2.4. as part of a limitation strategy. Such combination of limitation methods shall be regarded as a single limitation method within the meaning of point 1.1.2.5.

• 1.1.2.8.Individual limitation methods or combinations of the limitation methods referred to in points 1.1.2.1 to 1.1.2.4. may be applied more than once provided that their multiple uses operate independently of each other, as required by point 1.1.2.5., so that failure of one of the methods to work as intended (e.g. due to tampering) does not impair the functioning in another application, of the same limitation method or combination of methods.

• 1.1.2.9.A limitation strategy that in case of failure (e.g. due to tampering) includes the activation of a special operating (e.g. ‘limp home’) mode with substantially reduced maximum vehicle speed and/or maximum power not suitable for normal operation or that activates an ignition interlock preventing the engine from running for as long as the failure remains, shall be regarded as one limitation method.’;

• (d)point 1.1.4. is replaced by the following:

‘1.1.4.The provision and use of any other means enabling the vehicle operator to directly or indirectly adjust, set, select or alter the maximum propulsion unit performance determined on the basis of the information submitted in accordance with Annex I, Part B, point 2.8., items 1.8.2. to 1.8.9. of Regulation (EU) No 901/2014 (e.g. high performance switch, special encoded recognition transponder in ignition key, physical or electronic jumper setting, selectable option through electronic menu, programmable feature of control unit) resulting in exceedance is prohibited.’;

• (e)point 2.1. is replaced by the following:

‘2.1.The vehicle manufacturer shall demonstrate compliance with the specific requirements of points 1.1 to 1.1.2.9 by proving that two or more of the methods implemented, by integrating specific devices and/or functions in the vehicle propulsion system, ensure the required maximum continuous rated or net power and/or maximum vehicle speed limitation and that each method does so in a fully independent manner.’;

• (10)Annex XIX is amended as follows:

• (a)point 1.1.1. of is replaced by the following:

‘1.1.1.Vehicles of category L1e-A and cycles designed to pedal of vehicle category L1e-B shall be designed and constructed as to conform with all prescriptions regarding requirements and test methods laid down for handlebar stem-assembly, seat-post, front forks and frames as encompassed in standard ISO 4210:2014, irrespective of any scope mismatch in that technical standard. The minimum value of the required test forces shall be in accordance with Table 19-1 in point 1.1.1.1.’;

• (b)the following point 1.1.1.1. is inserted:

‘1.1.1.1.

Table 19-1 Test and minimum forces or number of test cycles for vehicles of category L1e-A and cycles designed to pedal of vehicle category L1e-B Subject Name of test Reference of test which shall be used Minimum value of the required test force or minimum number of test cycles Handlebar and stem Lateral bending test (static test) ISO 4210-5:2014, test method 4.3 800 N (= Force, F2) Fatigue test (Stage 1 — Out of phase loading) ISO 4210-5:2014, test method 4.9 270 N (= Force, F6) Fatigue test (Stage 2 — In phase loading) ISO 4210-5:2014, test method 4.9 370 N (= Force, F7) Frame Fatigue test with pedalling forces ISO 4210-6:2014, test method 4.3 1 000 N (= Force, F1) Fatigue test with horizontal forces ISO 4210-6:2014, test method 4.4 Forward force, F2 = 850 N, Rearward force, F3 = 850 N, C1 = 100 000 (= Number of test cycles) Fatigue test with a vertical force ISO 4210-6:2014, test method 4.5 1 100 N (= Force, F4) Front fork Static bending test ISO 4210-6:2014, test method 5.3 1 500 N (= Force, F5) Seat-post Stage 1, fatigue test ISO 4210-9:2014, test method 4.5.2 1 100 N (= Force, F3) Stage 2, static strength test ISO 4210-9:2014, test method 4.5.3 2 000 N (= Force, F4)’

• (c)in point 1.2, ‘drivetrain’ is replaced by ‘powertrain’.

ANNEX II

Amendments to Delegated Regulation (EU) No 44/2014

The Annexes to Delegated Regulation (EU) No 44/2014 are amended as follows:

• (1)Annex I is replaced by the following:

‘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

• 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.’;

• (2)Annex II is amended as follows:

• (a)in point 2.3.1.1., ‘cylinder/piston combination’ is replaced by ‘cylinder, piston’;

• (b)in point 2.3.1.2., ‘cylinder/piston combination’ is replaced by ‘cylinder, piston’;

• (c)point 3.2.1.3. is replaced by the following:

‘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.’;

• (d)the following point 3.2.2.5. is inserted:

‘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.’;

• (e)the following points 3.3., 3.3.1. and 3.3.2. are inserted:

‘3.3.   Continuous Variable Transmission (CVT)

• 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 %.’;

• (f)points 3.5., 3.5.1 and 3.5.2. are deleted;

• (g)points 4. to 4.2.3. are replaced by the following:

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

• 4.1Subcategory 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.

• 4.2.An irremovable sleeve must be located in the inlet conduit. If such a sleeve is located in the intake pipe, the latter shall be fixed to the engine block by means of shear-bolts or bolts removable only using special tools.

• 4.2.1.The sleeve shall have a minimum hardness of 60 HRC. In the restricted section it shall not exceed 4 mm in thickness.

• 4.2.2.Any interference with the sleeve aimed at removing or modifying it shall lead to either the destruction of the sleeve and its support or complete and permanent malfunctioning of the engine until it is restored to its approved condition.

• 4.2.3.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 surface of the sleeve or not far from it.’;

• (h)points 4.2.4. to 4.2.12. are deleted;

• (i)the following points 4.3. to 4.7. are inserted:

‘4.3.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.

• 4.3.1.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.

• 4.3.2.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.

• 4.4.The part of the inlet conduit located in the cylinder head shall have a restricted section. In the whole inlet passage, there shall not be a more restricted section (except the valve-seat section).

• 4.4.1.Any interference with the conduit aimed at modifying the restricted section shall lead to either the destruction of the pipe or complete and permanent malfunctioning of the engine until it is restored to its approved condition.

• 4.4.2.A marking with indication of the vehicle category as defined in Articles 2 and 4 of, and Annex I to, Regulation (EU) No 168/2013 shall be legible on the cylinder head.

• 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.’;

• (j)point 5.1. is replaced by the following:

‘5.1Any 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).’;

• (k)the following point 5.2.2. is inserted:

‘5.2.2.fuel feed and delivery system’;

• (l)points 5.2.3. to 5.2.6. are replaced by the following:

‘5.2.3.air intake system including air filter(s) (modification or removal);

• 5.2.4.the drive train;

• 5.2.5.the control unit(s) that control(s) the propulsion unit performance of the powertrain;

• 5.2.6.removal of any component (mechanical, electrical, structural, etc.) which limits full engine load leading to any change in the propulsion unit performance approved in accordance with Annex II(A) to Regulation (EU) No 168/2013.’;

• (m)point 5.2.7. is deleted;

• (n)the following points 6 to 6.5.2. are added:

‘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.’;

• (3)Annex III is amended as follows:

• (a)points 4.2.5., 4.2.6. and 4.2.7. are replaced by the following:

‘4.2.5.All other type-approval requirements than the ones listed in point 4.2.2., 4.2.3 and 4.2.4. and which are set out in Annex II to Regulation (EU) No 168/2013 shall be regarded as common and equal between the (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycle configurations and shall therefore only be tested and reported once for both performance configurations. In addition, test reports related to systems, components, separate technical units, and parts or equipment of the vehicle fulfilling the same type-approval requirements on both configurations shall be accepted for the type-approval of any of these configurations.

• 4.2.6.One WVTA shall be issued for the category (L3e/L4e)-A2 configuration motorcycle having a unique type-approval number.

• 4.2.7.One WVTA shall be issued for the category (L3e/L4e)-A3 configuration motorcycle having a unique type-approval number. Both type-approval numbers referred to in point 4.2.6. and in this point shall be stamped into the statutory plate in accordance with Article 39 of Regulation (EU) No 168/2013 and with Annex V to Regulation (EU) No 901/2014. In order to facilitate the conversion of subcategory (L3e/L4e)-A2 into the (L3e/L4e)-A3 configuration motorcycle and vice versa, a template for a corresponding vehicle manufacturer's statement shall be attached to the information folder in accordance with Appendix 24 of part B of Annex I to Regulation (EU) No 901/2014. In addition, the dedicated entries for both the L3e-A2 and L3e-A3 configurations on the certificate of conformity shall be provided by the vehicle manufacturer in accordance with the template set out in Annex IV of Regulation (EU) No 901/2014.’;

• (b)points 4.2.10. and 4.2.11. are replaced by the following:

‘4.2.10.The Certificate of Conformity (CoC) shall be filled out in accordance with the requirements set out in point 1.7. of Annex IV to Regulation (EU) No 901/2014.

• 4.2.11.Only one vehicle identification number (VIN) of the (L3e/L4e)-A2 and A3 motorcycle configuration shall be assigned to motorcycles which can be converted from subcategories (L3e/L4e)-A2 to (L3e/L4e)-A3 or vice versa. The statutory plate fitted on the vehicle shall contain this VIN and shall bear a clear indication of the stationary noise levels in both configurations as well as the maximum net or maximum continuous rated power in the (L3e/L4e)-A2 configuration.’;

• (c)point 4.4.2 is deleted;

• (d)in point 6.1., the row relating to the requirement listed in Section (A2) of Annex II of Regulation (EU) No 168/2013 is replaced by the following:

‘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.’;

• (4)Annex IV is amended as follows:

• (a)in point 4.1.1.3.1., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (b)in point 4.1.1.3.1.1., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (c)point 4.1.1.3.1.1.1.1.1 is replaced by the following:

‘If the durability method set out in Article 23(3a) of Regulation (EU) No 168/2013 is applicable, the deterioration factors shall be calculated from the type I emission test results up to and including full mileage referred to in Annex VII(A) to Regulation (EU) No 168/2013 and in accordance with the linear calculation method referred to in point 4.1.1.3.1.1.1.1.2. resulting in slope and offset values per emission constituent. The CoP pollutant emission results shall be calculated with the formula:

Equation 4-1:

if x ≤ b then y = a · x + b;

if x > b then y = x

where:

a	=	slope value determined according to test type V according to Annex V(A) to Regulation (EU) No 168/2013;

b	=	offset value determined according to test type V according to Annex V(A) to Regulation (EU) No 168/2013;

x	=	pollutant emission (HC, CO, NOx, NMHC and PM if applicable) test result per emission constituent of a degreened vehicle (maximum accumulated 100 km after the first start on the production line) in mg/km.

y	=	CoP emission result per pollutant emission constituent in mg/km. The average CoP results shall be lower than the pollutant emission limits set out in Annex VI(A) of Regulation (EU) No 168/2013.’;

• (d)in point 4.1.1.3.1.1.1.3., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (e)in point 4.1.1.3.1.1.2.2., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (f)in point 4.1.1.3.1.1.2.3., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (g)in point 4.1.1.3.2.1., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (h)in point 4.1.1.3.2.3., ‘the tailpipe emission limits’ is replaced by ‘tailpipe pollutant emission limits’;

• (i)in point 4.1.1.3.2.4., ‘Equation 4-2:’ is replaced by ‘Equation 4-3:’;

• (j)in point 4.1.1.3.3.1., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (k)in point 4.1.1.3.3.3., ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (l)in point 4.1.1.3.3.4., ‘Equations 4-3:’ is replaced by ‘Equations 4-4:’;

• (m)in point 4.1.1.3.3.6., ‘Equations 4-4:’ is replaced by ‘Equations 4-5:’;

• (n)in point 4.1.1.4., in the second, third and fifth subparagraph, ‘tailpipe and CO2 emissions’ is replaced by ‘tailpipe pollutant and CO2 emissions’;

• (5)Annex VIII is amended as follows:

• (a)the following points 1.1.1., 1.1.1.1. and 1.1.1.2. are inserted:

‘1.1.1.Vehicles of categories L1e, L3e and L4e shall meet the following general requirements:

• 1.1.1.1.Vehicles shall incorporate no pointed, sharp or protruding parts, pointing outwards, of such a shape, dimension, angle of direction and hardness that they increase the risk or seriousness of body lesions and lacerations suffered by any person struck or grazed by the vehicle in the event of an accident. Vehicles shall be designed so that parts and edges with which vulnerable road users such as pedestrians are likely to come into contact in the event of an accident comply with the requirements in points 1 to 1.3.8.

• 1.1.1.2.All contactable projections or edges which are made of or covered with material such as soft rubber or soft plastic having a hardness of less than 60 Shore (A) are considered to meet the requirements in points 1.3 to 1.3.8. The hardness measurement shall be carried out with the material fitted to the vehicle as intended.’;

• (b)Points 1.1.2. to 1.1.3.2. are replaced by the following:

‘1.1.2.   Specific provisions for vehicles of categories L1e, L3e and L4e

• 1.1.2.1.Vehicles shall be assessed in accordance with the provisions in points 1.2 to 1.2.4.1.

• 1.1.2.2.In the case of vehicles fitted with a form of structure or panels intended to partially or fully enclose the rider, passenger or luggage or to cover certain vehicle components, the vehicle manufacturer may as an alternative choose to apply the relevant requirements of UNECE regulation No 26 ([^E0009]) as prescribed for vehicle category M1, covering either specific external projections or the full external surface of the vehicle. In such cases, particular attention shall be given to the required radii whereas the amount of projection of handles, hinges, push-buttons and aerials do not need to be checked.

The relevant external projections assessed in conformity with this clause shall be clearly identified in the information document and any remaining external surface shall comply with the requirements of points 1. to 1.3.8.

1.1.3.   Specific provisions for vehicles of category L4e

• 1.1.3.1.When the side-car is connected to the motorcycle, either permanently or in a detachable way, the space between the motorcycle and the side-car is exempted from assessment (see Figure 8-1).

• Figure 8-1

Top-down view of category L4e motorcycle with side-car Image omitted; see official source

• 1.1.3.2.If the side-car can be detached from the motorcycle so that the motorcycle can be used without it, the motorcycle itself shall fulfil the requirements for solo motorcycles in points 1 to 1.3.8.’;

• (c)points 1.1.4. to 1.1.4.2. are deleted;

• (d)points 1.2.3. to 1.2.3.2. are replaced by the following:

‘1.2.3.The testing device shall be moved from the front towards the rear of the vehicle, in a smooth motion, on both sides of it. If the testing device contacts the steering control or any parts mounted on it, it shall be rotated away into its fully locked position, during and after which the test continues. The testing device shall remain in contact with the vehicle or rider during the test (see Figure 8-2).

Figure 8-2

Test device movement zones Image omitted; see official source

• 1.2.3.1.The front of the vehicle shall be the first point of contact and the testing device shall move sideways in an outward direction following the contour of the vehicle and the rider if applicable. The testing device shall also be allowed to move inward at a rate not exceeding the rate of rearward movement (i.e. at an angle of 45° in relation to the longitudinal median plane of the vehicle).

• 1.2.3.2.The hands and feet of the rider shall be pushed away by the testing device if it comes into direct contact with them and any relevant supports (e.g. foot supports) shall be allowed to freely rotate, fold, bend or flex as a result of contact with the testing device and assessed in all resulting intermediate positions.’;

• (e)point 1.3.3.2. is replaced by the following:

‘1.3.3.2.If a radius is applied to the upper edge, it shall not be larger than 0,70 times the thickness of the windscreen or fairing, as measured at the upper edge.’;

• (f)point 1.3.5.2. is replaced by the following:

‘1.3.5.2.The radius as applied to the leading edge of the front mudguard shall not be larger than 0,70 times the thickness of the mudguard, as measured at the leading edge (e.g. in case of a round bead on the edge of sheet metal, the diameter of the bead is taken as the relevant thickness).’;

• (g)in point 2.1.2.1.1., the following second subparagraph is inserted:

‘In accordance with the first subparagraph, some portions of the kinds of vehicle concerned may be assessed with the external projections testing device (see Appendix 1) and the remaining portions shall be assessed with the sphere measuring 100 mm in diameter (see UNECE Regulation No 26). In such cases, particular attention shall be given to the required radii whereas the amount of projection of handles, hinges, push-buttons and aerials does not need to be checked.’;

• (6)Annex IX is amended as follows:

• (a)point 2.2.1. is replaced by the following:

‘2.2.1.The tank shall be subjected to a hydraulic internal pressure test which shall be carried out on an isolated unit complete with all its accessories. The tank shall be completely filled with a non-flammable liquid having a density and a viscosity close to those of the fuel normally used, or with water. After all communication with the outside has been cut off, the pressure shall be gradually increased, through the pipe connection through which fuel is fed to the engine, to the internal pressure specified in point 1.2.9. and this pressure shall be maintained for at least 60 seconds.’;

• (b)point 3.2.1. is replaced by the following:

‘3.2.1.The permeability test as part of type IV testing referred to in Part A of Annex V to Regulation (EU) No 168/2013 without having to take into account any diffusion measurements for the purpose of the test in accordance with this Annex, shall be carried out on a sufficient number of tanks for the purpose of testing in accordance with points 3.3 to 3.7.5.1. The total duration of the preconditioning procedure shall be composed of a pre-storage period of at least four weeks followed by a subsequent eight-week stabilised condition storage period.’;

• (c)point 3.3.1. is replaced by the following:

‘3.3.1.The fuel tank is filled up to its total rated capacity with a mixture of 50 % water and 50 % ethylene glycol or with any other coolant which does not deteriorate the fuel tank material, the cryoscopic point of which is lower than 243 ± 2 K (– 30 ± 2 °C).

The temperature of the substances contained in the fuel tank during the test shall be 253 ± 2 K (– 20 ± 2 °C). The tank is cooled down to a corresponding ambient temperature. The fuel tank may also be filled with a suitably refrigerated liquid provided that it is left at the test temperature for at least an hour.

A pendulum is used for the test. Its impact head shall have the form of an equilateral triangular pyramid with a radius of curvature of 3,0 mm at its peak and edges. The freely moving mass of the pendulum shall have a mass of 15 kg ± 0,5 kg and the exerted pendulum's energy shall not be less than 30,0 J for each impact on the fuel tank.

The technical service may select any number of points on the fuel tank to be tested and these points shall reflect locations which are considered at risk as a result of the fitting of the tank and its position on the vehicle. Non-metal shielding shall be disregarded and frame tubing or chassis sections may be taken into account for the assessment of risk.

More than one fuel tank may be used for the completion of all impacts, provided that all fuel tanks to be used have undergone the permeability test.

There shall be no leakage of liquid following a single impact at any one of the tested points.’;

• (d)point 3.4.1. is replaced by the following:

‘3.4.1.The fuel tank shall be filled up to its total rated capacity, the test liquid used being water at 326 ± 2 K (53 ± 2 °C). The tank shall then be subjected to an internal pressure equal to twice the relative service pressure (design pressure) or an overpressure of 30 kPa, whichever is higher. The tank shall remain closed and pressurised for a period of not less than five hours at an ambient temperature of 326 ± 2 K (53 ± 2 °C).

The fuel tank shall not show signs of leakage and any temporary or permanent deformation which may arise shall not render it unusable. Account shall be taken of specific fitting conditions if the deformation of the tank is to be assessed.’;

• (e)point 3.5.1. is replaced by the following:

‘3.5.1.Six tensile test-pieces of approximately the same thickness are taken from flat or nearly flat faces of the completely new fuel tank. Their tensile strength and elastic limits are established at 296 ± 2 K (23 ± 2 °C) at an elongation rate of 50 mm/min. The obtained values shall then be compared with the tensile strength and elasticity values obtained from similar tests carried out using a fuel tank which has undergone the permeability test. The material shall be considered to be acceptable if the tensile strength differs by no more than 25 %.’;

• (f)point 3.6.1. is replaced by the following:

‘3.6.1.The fuel tank shall be fitted to a representative part of the vehicle and filled to 50 % of its total rated capacity with water at 293 ± 2 K (20 ± 2 °C). The test setup including the fuel tank shall then be placed in an ambient temperature of 343 ± 2 K (70 ± 2 °C) for 60 minutes, after which the fuel tank shall not display any permanent deformation or leaks and shall be in fully usable condition.’;

• (g)point 3.7.4.3. is replaced by the following:

‘3.7.4.3.The average combustion time (ACT) and average combustion length (ACL) shall be calculated if no sample out of ten or no more than one out of 20 has burnt up to the 100 mm mark.

Equation 9-1:

Image omitted; see official source

(note: n = number of samples)

The result is rounded up or down to the nearest five-second increment. However, an ACT of 0 seconds shall not be used. (i.e. if the combustion lasts between less than 2 seconds and 7 seconds, the ACT is 5 seconds; if the combustion lasts between 8 and 12 seconds, the ACT is 10 seconds; if the combustion lasts between 13 and 17 seconds, the ACT is 15 seconds, etc.).

Equation 9-2:

Image omitted; see official source

(note: n = number of samples)

The result is expressed in relation to the nearest 5 mm increment (i.e. ‘less than 5 mm’ shall be stated if the combustion length is less than 2 mm and thus in no case can an ACL of 0 mm be given).

Where a single sample out of 20 burns up to or beyond the 100 mm mark, the combustion length (i.e. the value of (100 – unburnt lengthi) for that sample) shall be taken as 100 mm.

Equation 9-3:

Image omitted; see official source

in

Image omitted; see official source

This value shall be compared against the requirement as laid down in points 3.7.5. to 3.7.5.1.’;

• (7)In Annex XI, in Appendix 1, point 1.6. is replaced by the following:

‘1.6.   Ground clearance

• 1.6.1.For the purpose of measuring the ground clearance of an L-category vehicle type, the test vehicle shall be loaded to the actual mass.

• 1.6.2.As an exception to point 1.6.1., for the purpose of measuring the ground clearance of a subcategory L3e-AxE vehicle type (x = 1, 2 or 3, two-wheel Enduro motorcycle) or a subcategory L3e- AxT vehicle type (x = 1, 2 or 3, two-wheel Trial motorcycle), the test Enduro or Trial motorcycle shall be loaded to its mass in running order.

• 1.6.3.Any manually or automatically adjustable suspension system fitted to the vehicle, possibly resulting in a variable ground clearance, shall be put to its minimum setting allowing the minimum distance between vehicle and ground plane.

• 1.6.4.The shortest distance between the ground plane and the lowest fixed point of the vehicle shall be measured between the axles and under the axle(s), if applicable in accordance with Appendix 1 to Annex II to Directive of the European Parliament and of the Council 2007/46/EC ([^E0010]). That minimum measured distance shall be regarded as the ground clearance of the vehicle.

• (8)Annex XII is amended as follows:

• (a)in point 2.2.2., Table 12-1 is replaced by the following:

‘Table 12-1

OBD stage II functions and associated requirements in the points of this Annex and Appendix 1

Topic	Point in this Annex and in Appendix 1
General disable criterion for degradation type of diagnostics in OBD stage II	3.2.1.1.
Catalytic converter monitoring	3.3.2.1.; 3.3.3.1.
EGR efficiency/flow monitoring	3.3.3.4.
In-use performance monitoring	2nd sub point of point 3.3. of Appendix 1, point 4 of Appendix 1
General OBD stage II requirement	3.3. of Appendix 1
Misfire detection	3.2.2.; 3.3.2.2.; 3.5.3.; 3.6.2.; 3.7.1.; 3.1.2. of Appendix 1
NOx after-treatment system monitoring	3.3.3.5.; 3.3.3.6.
Oxygen sensor deterioration monitoring	3.3.2.3.
Particulate filter monitoring	3.3.3.2.
Particulate matter (PM) emission monitoring	3.3.2.5.’

• (b)points 3.2.2.1. and 3.2.2.1. are replaced by the following:

‘3.2.2.1.Manufacturers may adopt higher misfire percentage malfunction criteria than those declared to the authority, under specific engine speed and load conditions where it can be demonstrated to the authority that the detection of lower levels of misfire would be unreliable. In terms of OBD monitoring, it is that percentage of misfires out of a total number of firing events (as declared by the manufacturer) that would result in emissions exceeding the OBD thresholds set out in Section (B) of Annex VI to Regulation (EU) No 168/2013, or that percentage that could lead to an exhaust catalyst, or catalysts, overheating, causing irreversible damage.

• 3.2.2.2.When a manufacturer can demonstrate to the authority that the detection of higher levels of misfire percentages is still not feasible, or that misfire cannot be distinguished from other effects (e.g. rough roads, transmission shifts, after engine starting, etc.), the misfire monitoring system may be disabled when such conditions exist.’;

• (c)in point 3.6., the last sentence is replaced by the following:

‘A fault code shall also be stored in the cases referred to in points 3.3.5. and 3.3.6.’;

• (d)point 3.6.1. is replaced by the following:

‘The distance travelled by the vehicle while the MI is activated shall be available at any moment through the serial port on the standardised diagnostic connector. By means of derogation for vehicles equipped with a mechanically operating odometer that does not allow input to the electronic control unit including such vehicles equipped with a CVT that does not allow for an accurate input to the electronic control unit, “distance travelled” may be replaced with “engine operation time” and shall be made available at any moment through the serial port on the standardised diagnostic connector.’

• (e)points 4.3. and 4.4. are replaced by the following:

‘4.3.In the identified order of deficiencies, those relating to points 3.3.2.1, 3.3.2.2 and 3.3.2.3 for positive-ignition engines and points 3.3.3.1, 3.3.3.2 and 3.3.3.3 for compression-ignition engines shall be identified first.

• 4.4.Prior to, or at the time of, type-approval, no deficiency shall be granted with regard to the requirements set out in point 3. of Appendix 1, except the requirements laid down in point 3.11. of Appendix 1.’;

• (f)the following point 4.7. is added:

‘The vehicle family criteria laid down in table 11-1 in point 3.1. of Annex XI to Regulation (EU) No 134/2014 with regard to test type VIII shall also be applicable for the functional on-board diagnostic requirements set out in this Annex.’;

• (g)in Appendix 1, point 3.13. is replaced by the following:

‘Until a standardised connection interface for L-category vehicles has been adopted and published at ISO or CEN level and the reference of that technical standard is included in this Regulation, an alternative connection interface may be installed at the request of the vehicle manufacturer. Where such an alternative connection interface is installed, the vehicle manufacturer shall make available to test equipment manufacturers the details of the vehicle connector pin configuration free of charge. The vehicle manufacturer shall provide an adapter enabling connection to a generic scan tool. Such an adapter shall be of suitable quality for professional workshop use. It shall be provided upon request to all independent operators in a non-discriminating manner. Manufacturers may charge a reasonable and proportionate price for this adapter, taking into account the additional costs caused for the customer by this choice of the manufacturer. The connection interface and the adapter may not include any specific design elements which would require validation or certification before use, or which would restrict the exchange of vehicle data when using a generic scan tool.’;

• (h)in Appendix 2, in point 2.1., in Table Ap2-1, ‘Device operational/Device present’ is replaced by ‘Device not operational/Device not present’;

• (i)in Appendix 2, point 2.6.2. is replaced by the following:

‘2.6.2.monitoring of some of the items listed in Table Ap2-1 is physically not possible and a deficiency has been granted for this incomplete monitor. The comprehensive, technical justification why such an OBD monitor cannot run shall be added to the information folder.’;

• (9)In Annex XIII the following point 1.4. is added:

‘1.4.The maximum pressures mentioned in points 1.2.1., 1.2.2., 1.2.3. and 1.3.1. may be exceeded during testing upon agreement with the vehicle manufacturer.’;

• (10)In Annex XIV, point 1.5.1.5.1. is replaced by the following:

‘1.5.1.5.1.The plate shall be visible in the whole space within the following four planes:

—the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards to the left and to the right of the plate of 30° in relation to the longitudinal plane, parallel to the longitudinal median plane of the vehicle, passing through the centre of the plate;

—the plane touching the upper edge of the plate and forming an angle measured upwards of 15° to the horizontal;

—the horizontal plane through the lower edge of the plate.’;

• (11)in Annex XVI, the following point 2.3.5.1. is inserted:

‘2.3.5.1.However, by way of derogation from points 1.2.1. and 2.3.5. a prop stand fitted to a vehicle of category L3e-A1E, L3e-A2E, L3e-A3E, L3e-A1T, L3e-A2T or L3e-A3T may swing back automatically when the prop stand is not being held or supported by a person.’.

ANNEX III

Amendments to Delegated Regulation (EU) No 134/2014

The Annexes to Delegated Regulation (EU) No 134/2014 are amended as follows:

• (1)Annex II is amended as follows:

• (a)points 4.5.5.2.1.1. and 4.5.5.2.1.2. are replaced by the following:

‘4.5.5.2.1.1.   Step 1 — Calculation of shift speeds

Upshift speeds (v1→2 and vi→i + 1) in km/h during acceleration phases shall be calculated using the following formulae:

Equation 2-3:

Image omitted; see official source

Equation 2-4:

Image omitted; see official source

, i = 2 to ng – 1

where:

‘i’ is the gear number (≥ 2)

‘ng’ is the total number of forward gears

‘Pn’ is the rated power in kW

‘mk’ is the reference mass in kg

‘nidle’ is the idling speed in min^{– 1}

‘s’ is the rated engine speed in min^{– 1}

‘ndvi’ is the ratio between engine speed in min^{– 1} and vehicle speed in km/h in gear ‘i’

• 4.5.5.2.1.2. Downshift speeds (vi→i – 1) in km/h during cruise or deceleration phases in gears 4 (4th gear) to ng shall be calculated using the following formula:

Equation 2-5:

Image omitted; see official source

, i = 4 to ng

where:

i is the gear number (≥ 4)

ng is the total number of forward gears

Pn is the rated power in kW

mk is the reference mass in kg

nidle is the idling speed in min^{– 1}

s is the rated engine speed in min^{– 1}

ndvi-2 is the ratio between engine speed in min^{– 1} and vehicle speed in km/h in gear i – 2

The downshift speed from gear 3 to gear 2 (v3→2) shall be calculated using the following equation:

Equation 2-6:

Image omitted; see official source

where:

Pn is the rated power in kW

mk is the reference mass in kg

nidle is the idling speed in min^{– 1}

s is the rated engine speed in min^{– 1}

ndv1 is the ratio between engine speed in min^{– 1} and vehicle speed in km/h in gear 1

The downshift speed from gear 2 to gear 1 (v2→1) shall be calculated using the following equation:

Equation 2-7:

Image omitted; see official source

where:

ndv2 is the ratio between engine speed in min^{– 1} and vehicle speed in km/h in gear 2

Since the cruise phases are defined by the phase indicator, slight speed increases could occur and it may be appropriate to apply an upshift. The upshift speeds (v1→2, v2→3 and vi→i + 1) in km/h during cruise phases shall be calculated using the following equations:

Equation 2-7a:

Image omitted; see official source

Equation 2-8:

Image omitted; see official source

Equation 2-9:

Image omitted; see official source

, i = 3 to ng’

• (b)points 6.1.1.4.2. to 6.1.1.4.7. are replaced by the following:

‘6.1.1.4.2.   Hydrocarbons (HC)

The mass of unburned hydrocarbons emitted by the exhaust of the vehicle during the test shall be calculated using the following formula:

Equation 2-33:

Image omitted; see official source

where:

HCm is the mass of hydrocarbons emitted during the test part, in mg/km;

S is the distance defined in point 6.1.1.3.;

V is the total volume, defined in point 6.1.1.4.1.;

dHC is the density of the hydrocarbons at reference temperature and pressure (273,2 K and 101,3 kPa);

dHC	=	0,631 · 103 mg/m3 for petrol (E5) (C1H1,89O0,016); = 932 · 103 mg/m3 for ethanol (E85) (C1H2,74O0,385); = 622 · 103 mg/m3 for diesel (B5) (C1Hl,86O0,005); = 649 · 103 mg/m3 for LPG (C1H2,525); = 714 · 103 mg/m3 for NG/biogas (C1H4); = Image omitted; see official source mg/m3 for H2NG (with A = NG/biomethane quantity within the H2NG mixture in (volume %)).

HCc is the concentration of diluted gases, expressed in parts per million (ppm) of carbon equivalent (e.g. the concentration in propane multiplied by three), corrected to take account of the dilution air by the following equation:

Equation 2-34:

Image omitted; see official source

where:

HCe is the concentration of hydrocarbons expressed in parts per million (ppm) of carbon equivalent, in the sample of diluted gases collected in bag(s) A;

HCd is the concentration of hydrocarbons expressed in parts per million (ppm) of carbon equivalent, in the sample of dilution air collected in bag(s) B;

DiF is the coefficient defined in point 6.1.1.4.7.

The non-methane hydrocarbon (NMHC) concentration is calculated as follows:

Equation 2-35:

CNMHC = CTHC – (Rf CH4 · CCH4)

where:

CNMHC = corrected concentration of NMHC in the diluted exhaust gas, expressed in ppm carbon equivalent;

CTHC = concentration of total hydrocarbons (THC) in the diluted exhaust gas, expressed in ppm carbon equivalent and corrected by the amount of THC contained in the dilution air;

CCH4 = concentration of methane (CH4) in the diluted exhaust gas, expressed in ppm carbon equivalent and corrected by the amount of CH4 contained in the dilution air;

Rf CH4 is the FID response factor to methane as defined in point 5.2.3.4.1.

6.1.1.4.3.   Carbon monoxide (CO)

The mass of carbon monoxide emitted by the exhaust of the vehicle during the test shall be calculated using the following formula:

Equation 2-36:

Image omitted; see official source

where:

COm is the mass of carbon monoxide emitted during the test part, in mg/km;

S is the distance defined in point 6.1.1.3.;

V is the total volume defined in point 6.1.1.4.1.;

dCO is the density of the carbon monoxide, dCO = 1,25 · 10⁶ mg/m³ at reference temperature and pressure (273,2 K and 101,3 kPa);

COc is the concentration of diluted gases, expressed in parts per million (ppm) of carbon monoxide, corrected to take account of the dilution air by the following equation:

Equation 2-37:

Image omitted; see official source

where:

COe is the concentration of carbon monoxide expressed in parts per million (ppm), in the sample of diluted gases collected in bag(s) A;

COd is the concentration of carbon monoxide expressed in parts per million (ppm), in the sample of dilution air collected in bag(s) B;

DiF is the coefficient defined in point 6.1.1.4.7.

6.1.1.4.4.   Nitrogen oxides (NOx)

The mass of nitrogen oxides emitted by the exhaust of the vehicle during the test shall be calculated using the following formula:

Equation 2-38:

Image omitted; see official source

where:

NOxm is the mass of nitrogen oxides emitted during the test part, in mg/km;

S is the distance defined in point 6.1.1.3.;

V is the total volume defined in point 6.1.1.4.1.;

Image omitted; see official source is the density of the nitrogen oxides in the exhaust gases, assuming that they will be in the form of nitric oxide,

Image omitted; see official source = 2,05 · 10⁶ mg/m³ at reference temperature and pressure (273,2 K and 101,3 kPa);

NOxc is the concentration of diluted gases, expressed in parts per million (ppm), corrected to take account of the dilution air by the following equation:

Equation 2-39:

Image omitted; see official source

where:

NOxe is the concentration of nitrogen oxides expressed in parts per million (ppm) of nitrogen oxides, in the sample of diluted gases collected in bag(s) A;

NOxd is the concentration of nitrogen oxides expressed in parts per million (ppm) of nitrogen oxides, in the sample of dilution air collected in bag(s) B;

DiF is the coefficient defined in point 6.1.1.4.7.

Kh is the humidity correction factor, calculated using the following formula:

Equation 2-40:

Image omitted; see official source

where:

H is the absolute humidity in g of water per kg of dry air:

Equation 2-41:

Image omitted; see official source

where:

U is the humidity as a percentage;

Pd is the saturated pressure of water at the test temperature, in kPa;

Pa is the atmospheric pressure in kPa.

6.1.1.4.5.   Particulate matter mass

Particulate emission Mp (mg/km) is calculated by means of the following equation:

Equation 2-42:

Image omitted; see official source

where exhaust gases are vented outside the tunnel;

Equation 2-43:

Image omitted; see official source

where exhaust gases are returned to the tunnel;

where: