EU commercial vehicle legislation & developments Allan McKenzie Senior Technical Manager Society of Motor Manufacturers & Traders 27 October 2016 ● Park Royal, Warrington

DEVELOPMENTS IN EU COMMERCIAL VEHICLE LEGISLATION Allan McKenzie 27 October 2016

Real Driving Emissions (RDE): Impact for Light Commercial Vehicles DEVELOPMENTS IN EU COMMERCIAL VEHICLE LEGISLATION EC Whole Vehicle Type Approval: Proposed changes to Framework Directive Real Driving Emissions (RDE): Impact for Light Commercial Vehicles General Safety Regulation: Items for possible inclusion VECTO: Simulation tool for Heavy Commercial Vehicle CO2 emissions

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) WHY THE NEED FOR CHANGE? To apply very strict and control-oriented approach to ‘economic operators’, Technical Services and Type Approval Authorities, clearly reflecting the current climate after emissions issues. Differing interpretation and application of individual Directives and Regulations by Technical Services and Type Approval Authorities undermines the framework of Type Approval. To regain the trust of the public, legislators and Industry.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) COMMISSION’S PROPOSAL: KEY POINTS Structural Changes Relationships Validity of Type Approval Harmonisation Repair and Maintenance End-of-Series Approval

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) STRUCTURAL CHANGES Changed from a Directive to a Regulation. Introduction of market surveillance obligations both for Member States and the Commission; requirements inspired by the TA Framework Regulations for L (motorcycles) and T (agricultural tractors) categories. Multiple controls and audits for both Technical Services and Type Approval Authorities Introduces requirements for the supply of Repair and Maintenance Information (RMI) for all categories.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) RELATIONSHIPS Currently Technical Services are paid directly by the vehicle, system or component manufacturer to assess compliance with the approval requirements. The Type Approval Authority then grants approval to the manufacturer on condition that the requirements from the testing have been, and will continue to be, met.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) RELATIONSHIPS The Commission wants to remove any financial / commercial link between the manufacturer and the Technical Service, to avoid claims of it compromising the independency of testing, by requiring each Member State to generate its own national fee structure for type approval. The manufacturer will pay the fee directly to the Member State which will then contract the Technical Service required. As today, the Type Approval Authority grants the manufacturer type approval.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) VALIDITY OF EU TYPE APPROVALS – Article 33 Renewal of a type approval is required 5 years after it has been issued for a vehicle, system, component or STU. Renewal is granted on the strict condition that the vehicle, system, component or STU complies with the ‘latest level’ of the Regulation(s) for its type approval.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) OBLIGATIONS – Articles 14 - 18 Importers and distributors have the same obligations as manufacturers, and their representatives, to ensure validity of a Type Approval. If the product is not in conformity the importer or distributor must inform the manufacturer and appropriate authorities and, if considered to constitute a serious risk, withdraw it from the market.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) OTHER APPROVAL TYPES Multi-stage Approvals are to be simplified by recognising a manufacturer and their previous stage ‘Type’ as a variant within the Type Approval of the Completed vehicle. Proposed expansion of EU Small Series Type Approval and EU Individual Vehicle Approval to all categories of vehicles.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) RMI – Articles 65 -70 Transfer of the existing Repair and Maintenance Information (RMI) provisions from the emissions regulation to the Framework Regulation and for them to be applied to all vehicle categories. RMI provided by the vehicle manufacturer must be readily available to independent repairers.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) END-OF-SERIES PROVISIONS – Articles 46 - 48 Simplification of the End-of-Series procedure. The issuing Type Approval Authority is responsible for the granting of End-of-Series derogations only for the approvals that it issued. The derogation is valid in all Member States. [The Commission has confirmed this is the intention, though the text does not state this!]

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) HOW THE COMMISSION PLANS TO ENFORCE THE NEW TYPE APPROVAL FRAMEWORK REGULATION Market surveillance Auditing Peer Reviews Recalls Transparency

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) MARKET SURVEILLANCE – Articles 8 and 13 Type approval focuses on checks on the conformity of the approved product before it is placed on the market. Market surveillance will allow these checks to be conducted on products at the moment they are placed on the market, i.e. at the point of sale. The market surveillance authorities can obtain the product in statistically relevant sized samples for: Documentary checks. Real driving and laboratory tests.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) NON-CONFORMITY – Articles 89 and 90 If a product is found to be non-compliant the Member State is notified and they have the right to withdraw the product from the market. Economic operators, and possibly Technical Services, are penalised for non-compliance. In severe cases, a Technical Service may lose its accreditation and approvals based on its test reports may be withdrawn. There are fines of up to €30,000 per vehicle if breaches of the type approval legislation are found to have occurred.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) AUDITING Audits will be carried out on the Technical Services by Member State experts and the Commission. A new Enforcement Forum will be responsible for these audits. Member States are required to review their market surveillance authorities every four years.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) PEER REVIEW – Articles 71 - 86 Type Approval Authorities are to be subjected to peer review by the Type Approval Authorities of two other Member States every two years in order to ensure correct implementation of the legislation.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) RECALL AND SAFE GAURD PROVISIONS Immediate and severe action is taken against vehicles that are found to be non-compliant. The Commission has the power to suspend or withdraw any Technical Service that is underperforming and initiate any recalls.

EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC) PUBLIC TRUST AND TRANSPARENCY Results of market surveillance, peer reviews and auditing are to be made publically available.

IMPLEMENTATION OF THE NEW FRAMEWORK REGULATION TARGET COMPLETION DATE The Commission timetable sees the new Regulation entering into force (eif) on 1st January 2017. [Current progress suggests this date will slip by 12 months]. With all new Approvals to conform from eif plus 12 months. With all existing Approvals to conform by eif plus 60 months.

IMPLEMENTATION OF THE NEW FRAMEWORK REGULATION Commission’s First Proposal Jan 2016 Council of the European Union European Parliament Aug 2016 1st amendments TRAN 2nd amendments Sept 2016 ENVI IMCO Nov 2016 European Commission 3rd amendments Plenary Dec 2016 April 2017 Trialogue Entry into force Jan 2018 Applicable to new types Jan 2019 Jan 2023 Applicable to new Vehicles

WHAT IS REAL DRIVING EMMISSIONS (RDE)? Portable Emission Measurement System PEMS PEMS equipment developing fast – latest equipment What to measure and how? Where, altitude, temperature, route, vehicle speed, type of driving?

WHAT IS REAL DRIVING EMMISSIONS (RDE)? Boundary Conditions: RDE Factor moderate RDE Factor extended Moderate: Altitude < 700m Temp > 0oC but < 30oC Extended: Altitude > 700m but < 1300m Temp > -7oC but < 0oC and > 30oC but < 35oC Vehicle Mass: Up to 90 % payload Speed: Urban < 60 km/h Rural > 60 km/h but < 90 km/h Motorway > 90 km/h but < 145 km/h (160 km/h for < 3% of motorway section)

Conformity Factors & Introduction Dates RDE – MAIN POINTS Conformity Factors & Introduction Dates RDE Step CF M, N1 Class 1 N1 Class 2 and 3, N2 1 New Types All Regs 2.1 1.9.2017 1.9.2019 1.9.2018 1.9.2020 2 New Types 1 + measurement uncertainty 1.1.2020 1.1.2021 1.1.2022

Agreement on Packages 1 and 2 / Work on Packages 3 and 4 RDE – CURRENT STATUS Agreement on Packages 1 and 2 / Work on Packages 3 and 4 Package Items Status Timeframe 1 Test procedure and conditions Published in OJ Entry into force April 2016 2 NOx Conformity Factor Application dates in 2 steps Step 1 in Sept 2017 Step 2 in Jan 2020 Additional boundary conditions 3 Cold start Dynamic boundary conditions & Transfer Function Hybrids & LCVs Particle Number Conformity Factor Small Volume Manufacturer Provisions In progress Started May 16 Completion Q1 2017 4 In-use conformity and surveillance monitoring Any technical points not resolved in Package 3 Started Dec 16 Completion Q3 2017

RDE – SPECIFIC ISSUES FOR LCVs Main points for consideration Current regulation developed using data for cars Provisions in Package 3 for change to vehicle speeds for M2 and N2 vehicles to achieve valid RDE cycle. Boundary conditions Test mass – currently up to 90% payload Treatment of multi-stage vehicles Difficult for subsequent stage manufacturer to obtain own emissions approval Proposal from ACEA for base vehicle manufacturers to be able to include the PEMS families of multi-stage vehicles in their own approvals. Commission and Member States seem to view this favourably Need to work closely with base vehicle supplier to ensure that this methodology can work for the type of conversion concerned – should be part of the exchange of information needed for ECWVTA. For Individual Vehicle Approvals, there needs to be consideration given to the requirements for RDE – would seem unreasonable to include RDE in IVA schemes.

GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 ITEMS FOR POSSIBLE INCLUSION Article 17 of the GSR requires that the Commission reports to the European Parliament and the Council every three years with proposals for amendments regarding the inclusion of further new safety features.

GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 ITEMS FOR POSSIBLE INCLUSION Instead of identifying safety problem in the field and working towards a solution, list of available and feasible measures was assessed (2015). List of measures has been limited to those that are most likely to be cost effective. In depth cost effectiveness and impact on competitiveness to be checked in 2nd half of 2016, as the basis for Impact Assessment. Stakeholder engagements, public consultations.

Review of the Safety Regulations GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Review of the Safety Regulations • General Safety • Trucks and Buses • Pedestrian Safety

GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Combined Key Active Safety Measures – 1/9/2022 Automatic Emergency Braking System (M1, N1) Lane Keep Assistance (M1, N1) Driver Drowsiness and Distraction Monitoring (M, N) Intelligent Speed Adaptation (M, N)

Automatic Emergency Braking System (AEBS) GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Automatic Emergency Braking System (AEBS) For M1 and N1 derived from M1. 1/9/2022 moving obstacle 1/9/2024 stationary obstacle 1/9/2026 pedestrian detection 1/9/2028 cyclist detection Add 2 years for N1 not derived from M1

General Safety Measures – 1/9/2022 GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 General Safety Measures – 1/9/2022 • Safety Belt Reminders (M1, N1 – on all seats / M2, M3, N2, N3 – front seats only) • Emergency Braking Display (M, N) • Alcohol Interlock Devices Interface (M, N) • Crash Event Data Recorder (M1, N1) • Tyre Pressure Monitoring (M, N, O3, O4)

General Safety Measures – 1/9/2022 GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 General Safety Measures – 1/9/2022 • Frontal Crash Full Width (M1, N1) • Pole Side Impact / Side Impact (elimination of exemptions) (M1, N1) • Rear Crash Test (M1, N1) • Reversing detection (M, N, O3, O4)

Truck and Bus Specific – 1/9/2022 GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Truck and Bus Specific – 1/9/2022 • Front End Blind Spot Cameras and Detection (M2, M3, N2, N3) • Lateral Protection (elimination of exemptions) (N2, N3, O3, O4) • Fire Safety for CNG Buses (M2, M3) • Fire Suppression for Buses and Coaches (M2, M3)

Crash Safety Upgrade – 1/9/2022 GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Crash Safety Upgrade – 1/9/2022 • Frontal Crash inclusion up to 3,500 kg (M1, N1) • Frontal Crash Small Overlap Test (M1) • Side Crash Far-Side Occupant Test (M1, N1)

Truck and Bus Front End Design – 1/9/2028 (for new vehicle types only) GENERAL SAFETY REGULATION (GSR) REGULATION (EC) No. 661/2009 Truck and Bus Front End Design – 1/9/2028 (for new vehicle types only) • Direct Vision Requirements (M2, M3, N2, N3) Facilitation through DG MOVE's Maximum Authorised Weights and Dimensions Directive (EU) 2015/719 amending 96/53/EC.

WHAT IS VECTO? Vehicle Energy consumption Calculation TOol European Commission simulation tool to establish fuel economy and CO2 outputs for heavy duty vehicles. Full vehicle, wider scope than other countries’ systems, sophisticated but complex. Target long-distance HDV first (most fuel/CO2) Buses and coaches to follow.

VECTO: WHY? Aims of VECTO Cars and vans already have 2020 CO2 reduction targets. EU Transport White paper aims to reduce EU GHG emissions 60% by 2050. VECTO will provide operators and policymakers with comparative CO2 figures for millions of combinations of HDVs.

VECTO: WHY?

VECTO: WHY?

VECTO: WHY?

VECTO: WHY?

VECTO: WHY?

VECTO: THE STORY SO FAR Timeline VECTO developed by DG CLIMA/JRC since 2012 with industry. Proof of concept with real world verification +/- 3%. Heavy Duty Vehicle CO2 strategy from Commission May 2014. SMMT workshop 1 December 2014 with EC EC demonstration of VECTO for SMMT members: truck, bus, trailer Opportunity for Commission and Government to understand UK industry perspective. EC now working on introducing VECTO for bus and coach sector (1st meeting in September 2016). Plan to introduce for trucks in 2018 and buses and coaches in 2020.

VECTO: 2014 SMMT INPUT TO COMMISSION Request for Consideration: Ensure small manufacturers (UK bus, trailer, body) and suppliers can realistically use VECTO to illustrate product performance. Same principles to avoid distorting competition and ensure innovation encouraged as car / van CO2 regulations enshrine: ‘Ensure competitively neutral, socially equitable and sustainable reduction targets which take account of the diversity of European manufacturers and avoid any unjustified distortion of competition between them’.   Eco-innovation methodology enables credit for technologies when benefits are not fully demonstrated on the ‘test cycle’ (here read ‘in VECTO’). Light touch methodology to encourage innovation and avoid the burden of proof being prohibitive.

VECTO: THE IMPLICATIONS What does VECTO mean for manufacturers? VECTO becomes part of a type approval process. Manufacturers provide data into VECTO, including drag coefficient. Requires wind tunnel, coast down or computational fluid dynamics. CFD is most cost-effective option, but still cost millions.

VECTO: EC CONSULTATION ON HDV CO2 MONITORING EC consultation closes 28 October 2016 Consultation on how to introduce monitoring and reporting of CO2 and fuel consumption in HDV. Asks whether targets should be set (as with cars and vans). Industry recommends VECTO, with period of assessment before any targets are introduced.

DEVELOPMENTS IN EU COMMERCIAL VEHICLE LEGISLATION Thank you for listening.