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

2. DEVELOPMENTS IN EU COMMERCIAL VEHICLE LEGISLATION
Allan McKenzie
27 October 2016

3. 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

4. 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.

5. 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

6. 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.

7. 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.

8. 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.

9. 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.

10. EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC)
OBLIGATIONS – Articles
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.

11. 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.

12. EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC)
RMI – Articles
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.

13. EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC)
END-OF-SERIES PROVISIONS – Articles
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!]

14. 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

15. 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.

16. 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.

17. 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.

18. EU TYPE APPROVAL FRAMEWORK DIRECTIVE (2007/46/EC)
PEER REVIEW – Articles
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.

19. 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.

20. 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.

21. 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.

22. 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

23. 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?

24. 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)

25. 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
2 New Types
1 + measurement uncertainty

26. 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

27. 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.

28. 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.

29. 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.

30. 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

31. 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)

32. 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

33. 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)

34. 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)

35. 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)

36. 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)

37. 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.

38. 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.

39. 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.

40. VECTO: WHY?

41. VECTO: WHY?

42. VECTO: WHY?

43. VECTO: WHY?

44. VECTO: WHY?

45. 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.

46. 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.

47. 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.

48. 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.

49. DEVELOPMENTS IN EU COMMERCIAL VEHICLE LEGISLATION
Thank you for listening.