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Regulation (EC) No 78/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (Text with EEA relevance)

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CHAPTER IU.K.SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1U.K.Subject matter

This Regulation lays down requirements for the construction and functioning of motor vehicles and frontal protection systems in order to reduce the number and severity of injuries to pedestrians and other vulnerable road users who are hit by the fronts of vehicles and in order to avoid such collisions.

Article 2U.K.Scope

1.This Regulation shall apply to the following:

(a)motor vehicles of category M1 as defined in [F1Article 4 of Regulation (EU) 2018/858], subject to paragraph 2 of this Article;

(b)motor vehicles of category N1 as defined in [F1Article 4 of Regulation (EU) 2018/858], subject to paragraph 2 of this Article;

(c)frontal protection systems fitted as original equipment to the vehicles referred to in points (a) and (b) or supplied as separate technical units intended for fitting to such vehicles.

2.Sections 2 and 3 of Annex I to this Regulation shall not apply to:

(a)vehicles of category N1; and

(b)vehicles of category M1 derived from N1 and of maximum mass exceeding 2 500 kg;

where the driver position ‘R-point’ is either forward of the front axle or longitudinally rearwards of the front axle transverse centreline by a maximum of 1 100 mm.

Article 3U.K.Definitions

For the purposes of this Regulation:

1.

‘A-pillar’ means the foremost and outermost roof support extending from the chassis to the roof of the vehicle;

2.

‘brake assist system’ means a function of the braking system that deduces an emergency braking event from a characteristic of the driver’s brake demand and, under such conditions:

(a)

assists the driver to deliver the maximum achievable braking rate; or

(b)

is sufficient to cause full cycling of the Anti-lock Braking System;

3.

‘bumper’ means any front, lower, outer structures of a vehicle, including attachments thereto, which are intended to give protection to a vehicle when involved in a low speed frontal collision with another vehicle; it does not include, however, any frontal protection system;

4.

‘frontal protection system’ means a separate structure or structures, such as a bull bar, or a supplementary bumper which, in addition to the original-equipment bumper, is intended to protect the external surface of the vehicle from damage in the event of a collision with an object, with the exception of structures having a mass of less than 0,5 kg, intended to protect only the vehicle’s lights;

5.

‘maximum mass’ means the technically permissible maximum laden mass stated by the manufacturer pursuant to point 2.8 of Annex I to [F2Commission Implementing Regulation (EU) 2020/683];

6.

‘vehicles of category N1’ derived from M1’ means those vehicles of N1 category which, forward of the A-pillars, have the same general structure and shape as a pre-existing M1 category vehicle;

7.

‘vehicles of category M1’ derived from N1’ means those vehicles of M1 category which, forward of the A-pillars, have the same general structure and shape as a pre-existing N1 category vehicle.

CHAPTER IIU.K.OBLIGATIONS OF THE MANUFACTURERS

Article 4U.K.Technical requirements

1.In accordance with Article 9, manufacturers shall ensure that vehicles placed on the market are equipped with a type-approved brake assist system in accordance with the requirements of Section 4 of Annex I and that such vehicles comply with the requirements of Sections 2 or 3 of Annex I.

2.In accordance with Article 10, manufacturers shall ensure that frontal protection systems either fitted as original equipment to vehicles placed on the market or supplied as separate technical units comply with the requirements of Sections 5 and 6 of Annex I.

3.Manufacturers shall provide to the [F3approval authority] appropriate data on the specifications and test conditions of the vehicle and frontal protection system. The data shall include information required to check the functioning of any active safety devices installed in the vehicle.

4.In the case of frontal protection systems to be supplied as separate technical units, manufacturers shall provide to the [F4approval authority] appropriate data about the systems specifications and test conditions.

5.Frontal protection systems, as separate technical units, shall not be distributed, offered for sale or sold unless accompanied by a list of vehicle types for which the frontal protection system is type-approved, as well as by clear assembly instructions. The assembly instructions shall contain specific installation prescriptions, including fixing modes for the vehicles for which the unit has been approved, to enable the approved components to be mounted on that vehicle in a manner that complies with the relevant provisions of Section 6 of Annex I.

[F56.The Secretary of State may by regulations lay down technical provisions for the application of the requirements set out in Annex I.]

Article 5U.K.Application for [F6GB] type-approval

1.The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 1 of Annex II, when applying for [F7GB] type-approval of a type of a vehicle with regard to pedestrian protection.

The manufacturer shall submit to the technical service responsible for conducting the type-approval tests a vehicle which is representative of the vehicle type to be approved.

2.The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 2 of Annex II, when applying for [F7GB] type-approval of a type of a vehicle with regard to it being fitted with a frontal protection system.

The manufacturer shall submit to the technical service responsible for conducting the type-approval tests a vehicle which is representative of the vehicle type to be approved fitted with a frontal protection system. At the request of that technical service, the manufacturer shall also submit specific components or samples of materials used.

3.The manufacturer shall submit to the approval authority the information document, established in accordance with the model set out in Part 3 of Annex II, when applying for [F7GB] separate technical unit type-approval of a type of a frontal protection system.

The manufacturer shall submit to the technical service responsible for conducting the type-approval tests one sample of the type of frontal protection system to be approved. Where that technical service considers it necessary, it may request further samples. The sample(s) shall be clearly and indelibly marked with the applicant's trade name or mark and the type designation. The manufacturer shall make provision for the subsequent compulsory display of the [F7GB] type-approval mark.

CHAPTER IIIU.K.OBLIGATIONS OF [F8THE SECRETARY OF STATE AND THE APPROVAL AUTHORITY]

Article 6U.K.Granting of [F9GB] type-approval

1.If the relevant requirements are met, the approval authority shall grant [F10GB] type-approval and issue a type-approval number in accordance with the numbering system set out in [F11Annex IV to Commission Implementing Regulation (EU) 2020/683].

2.For the purposes of Section 3 of that type-approval number, one of the following letters shall be used:

(a)for the approval of vehicles with regard to pedestrian protection:

  • (a)‘A’ if the vehicle complies with Section 2 of Annex I,

  • ‘B’ if the vehicle complies with Section 3 of Annex I;

(b)for the approval of a vehicle with regard to it being fitted with a frontal protection system or the approval of a frontal protection system to be supplied as a separate technical unit:

  • (b)‘A’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.1, 5.1.2.1, 5.2 and 5.3 thereof,

  • ‘B’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.2, 5.1.2.1, 5.2 and 5.3 thereof,

  • ‘X’ if the frontal protection system complies with Section 5 of Annex I with respect to the application of points 5.1.1.3, 5.1.2.2, 5.2 and 5.3 thereof.

3.[F12The approval] authority shall not assign the same number to another type of vehicle or type of frontal protection system.

4.For the purposes of paragraph 1, the approval authority shall deliver the [F10GB] type-approval certificate established in accordance with the following:

(a)the model set out in Part 1 of Annex III for a type of a vehicle with regard to pedestrian protection;

(b)the model set out in Part 2 of Annex III for a type of a vehicle with regard to it being fitted with a frontal protection system;

(c)the model set out in Part 3 of Annex III for a type of a frontal protection system to be supplied as a separate technical unit.

Article 7U.K. [F13GB] type-approval mark

Every frontal protection system approved in accordance with this Regulation under the type-approval of a vehicle with regard to it being fitted with a frontal protection system, or the type-approval of a frontal protection system to be supplied as a separate technical unit, shall comply with the requirements of this Regulation and shall be granted, and consequently bear, [F14a GB] type-approval mark established in accordance with the provisions set out in Annex IV.

Article 8U.K.Modification of the type and amendments to approvals

Any modification of the vehicle forward of the A-pillars or of the frontal protection system which affects either the structure, the main dimensions, the materials of the outer surfaces of the vehicle, the fixing methods or the external or internal component arrangement, and which may have a significant influence on the results of the tests, shall be regarded as an amendment pursuant to [F15Article 33 of Regulation (EU) 2018/858] and thus require a new application for type-approval.

Article 9U.K.Timetable for application to vehicles

1.With effect from the date set out in the second paragraph of Article 16, [F16the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F17GB type-approval]F18..., in respect of the following new vehicle types:

(a)category M1 which do not comply with the technical provisions set out in Section 4 of Annex I;

(b)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 2 or Section 3 of Annex I;

(c)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Sections 2 and 4 or Sections 3 and 4 of Annex I.

2.With effect from 24 February 2011, [F19the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F20Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation:

(a)vehicles of category M1;

(b)vehicles of category N1 derived from M1 and of maximum mass not exceeding 2 500 kg.

3.With effect from 24 February 2013, [F21the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F17GB type-approval]F22..., in respect of the following new vehicle types:

(a)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;

(b)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I.

F234.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.With effect from 24 February 2015, [F24the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F17GB type-approval]F25... in respect of the following new vehicle types:

(a)category M1 of maximum mass exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;

(b)category N1 which do not comply with the technical provisions set out in Sections 3 and 4 of Annex I.

6.With effect from 24 August 2015, [F26the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F27Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of new category N1 vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation.

7.With effect from 24 February 2018, [F28the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F29Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:

(a)category M1 of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;

(b)category N1 derived from M1, and of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.

8.With effect from 24 August 2019, [F30the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F31Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:

(a)category M1 of maximum mass exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;

(b)category N1 which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.

9.Without prejudice to paragraphs 1 to 8 of this Article and subject to the entry into force of the measures adopted pursuant to Article 4(6), if a manufacturer so requests, [F32the approval authority] shall not, on grounds relating to pedestrian protection, refuse to grant [F17GB type-approval]F33... for a new type of vehicle or prohibit the registration, sale or entry into service of a new vehicle, where the vehicle concerned complies with the technical provisions set out in Sections 3 or 4 of Annex I.

Textual Amendments

Article 10U.K.Application to frontal protection systems

1.[F34The approval authority] shall refuse to grant [F35GB] type-approval F36... of a new type of vehicle with regard to it being fitted with a frontal protection system, or [F35GB] separate technical unit type-approval of a new type of frontal protection system, which does not comply with the requirements laid down in Sections 5 and 6 of Annex I.

2.[F37The Secretary of State] shall, on grounds relating to frontal protection systems, consider the certificates of conformity to be no longer valid for the purposes of [F38Article 48 of Regulation (EU) 2018/858] and shall prohibit the registration, sale and entry into service of new vehicles which do not comply with the requirements laid down in Sections 5 and 6 of Annex I to this Regulation.

3.The requirements set out in Sections 5 and 6 of Annex I to this Regulation shall apply to frontal protection systems supplied as separate technical units for the purposes of [F39Article 50 of Regulation (EU) 2018/858].

F40Article 11U.K.Collision avoidance systems

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40Article 12U.K.Monitoring

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40Article 13U.K.Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IVU.K.TRANSITIONAL AND FINAL PROVISIONS

F40Article 14U.K.Amendments to Directive 2007/46/EC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15U.K.Repeal

Directives 2003/102/EC and 2005/66/EC shall be repealed with effect from the date set out in the second paragraph of Article 16 of this Regulation.

References to the repealed Directives shall be construed as references to this Regulation.

Article 16U.K.Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 24 November 2009 with the exception of Article 4(6) and Article 9(9) which shall apply from the day of entry into force and Article 9(2) to (8) which shall apply from the dates set therein.

F41...

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