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Commission Regulation (EU) No 1009/2010 of 9 November 2010 concerning type-approval requirements for wheel guards of certain motor vehicles and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance)
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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor(1), and in particular Article 14 (1)(a) thereof,
Whereas:
(1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the type-approval procedure provided for by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(2).
(2) Regulation (EC) No 661/2009 repeals Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles(3). The requirements set out in that Directive should be carried over to this Regulation and, where necessary, amended in order to adapt them to the development of scientific and technical knowledge.
(3) The scope of this Regulation should be in line with that of Directive 78/549/EEC and thus limited to vehicles of category M1.
(4) Regulation (EC) No 661/2009 lays down fundamental provisions on requirements for the type-approval of certain motor vehicles with regard to wheel guards. Therefore it is necessary to also set out the specific procedures, tests and requirements for such type-approval.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
HAS ADOPTED THIS REGULATION:
This Regulation applies to motor vehicles of category M1, as defined in [F1Article 4 to Regulation (EU) 2018/858].
Textual Amendments
F1Words in Art. 1 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(2)
For the purposes of this Regulation, the following definitions shall apply:
‘vehicle type with regard to wheel guards’ means vehicles which do not differ in such essential respects as the characteristics of the wheel guards or the minimum and maximum tyre and wheel sizes suitable for fitment, taking into account the applicable tyre envelopes, rim sizes and wheel off-sets;
‘tyre envelope’ means the maximum section width and outer-diameter of a tyre, including tolerances, as permitted and specified according to its component approval;
‘snow traction device’ means a snow chain or other equivalent device providing traction in snow, which shall be able to be mounted onto the vehicle's tyre/wheel combination and which is not a snow tyre, winter tyre, all-season tyre or any other tyre by itself.
1.The manufacturer or his representative shall submit to the type-approval authority the application for [F3GB type-approval] of a vehicle with regard to wheel guards.
2.The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I.
3.If the relevant requirements set out in Annex II to this Regulation are met, the approval authority shall grant [F4a GB] type-approval and issue a type-approval number in accordance with the numbering system set out in [F5Annex IV to Commission Implementing Regulation (EU) 2020/683].
[F6The approval authority] may not assign the same number to another vehicle type.
4.For the purposes of paragraph 3, the type-approval authority shall deliver [F7a GB] type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
Textual Amendments
F2Words in Art. 3 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(a)
F3Words in Art. 3(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(a)
F4Words in Art. 3(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(c)
F5Words in Art. 3(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(b)(i)
F6Words in Art. 3(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(b)(ii)
F7Words in Art. 3(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(3)(c)
F8... The sale and entry into service of vehicles type-approved before the date referred to in Article 13(2) of Regulation (EC) No [F9661/2009 is permitted, and the approval authority must] continue to grant extension of approvals to those vehicles under the terms of Directive 78/549/EEC.
Textual Amendments
F8Words in Art. 4 omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(4)(a)
F9Words in Art. 4 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(4)(b)
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
F10...
Done at Brussels, 9 November 2010.
For the Commission
The President
José Manuel Barroso
Textual Amendments
F10Words in Signature omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(5)
Textual Amendments
F11Words in Annex 1 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(a)
Information document No … relating to the [F12GB type-approval] of a motor vehicle with regard to wheel guards.
Textual Amendments
F12Words in Annex 1 Pt. 1 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(b)(i)
The following information shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.
If the systems, components or separate technical units referred to in this information document have electronic controls, information concerning their performance shall be supplied.
Marginal Citations
M1Classified according to the definitions set out in [Article 4 of Regulation (EU) 2018/858] [Editorial note: words in Annex 1 Pt. 1 footnote substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(b)(ii)]
Mass of the vehicle with bodywork and, in the case of a towing vehicle of category other than M1, with coupling device, if fitted by the manufacturer, in running order, or mass of the chassis or chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted, and driver and, for buses and coaches, a crew member if there is a crew seat in the vehicle)(10) (maximum and minimum for each variant): …
for tyres indicate size designation;
for wheels indicate rim size(s) and off-set(s)
etc.
Stamp of type-approval authority
Communication concerning:
Textual Amendments
F15Words in Annex 1 Pt. 2 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(c)(ii)
Marginal Citations
M2As defined in [Article 4 of Regulation (EU) 2018/858] [Editorial note: words in Annex 1 Pt. 2 footnote substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(c)(iii)]
:
Information package
Test report
Textual Amendments
F14Words in Annex 1 Pt. 2 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(c)(i)
Textual Amendments
F13Words in Annex 1 Pt. 2 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(c)(i)
Textual Amendments
F16Words in Annex 1 Pt. 2 Addendum heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 61(6)(d)
Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: …
Description of the wheel guards: …
Tyre/wheel combination(s) (including tyre size, rim size and wheel off-set): …
Description of the type of snow traction device(s) which may be used: …
Tyre/wheel combination(s) (including tyre size, rim size and wheel off-set) to be used with the snow traction device(s): …
In case of single wheels, the intersection of the rear edge of the wheel guard with the horizontal plane as defined in paragraph 2.1.2 (see Figure 1, point A) shall lie outwards of the median longitudinal plane of the tyre.
In the case of twin wheels, the intersection of the rear edge of the wheel guard with the horizontal plane as defined in paragraph 2.1.2 (see Figure 1, point A) at the outside wheel shall lie outwards of the median longitudinal plane of the outermost tyre.
The depth (p) of the recess situated in the vertical plane of the tyre axis, measured from the outward and inward edges of the wheel guard at the vertical longitudinal plane passing through the centre of the tyre inside the wheel guard, shall be at least 30 mm. This depth (p) may be reduced progressively to zero towards the radial planes specified in paragraph 2.1.1.
The distance (c) between the lower edges of the wheel guard and the axis passing through the centre of rotation of the wheels shall not exceed 2 × r, where the radius (r) is the static radius of the tyre.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).
Where there is one version with a normal cab and another with a sleeper cab, both sets of masses and dimensions are to be stated.
Standard ISO 612: 1978 - Road vehicles - Dimensions of motor vehicles and towed vehicles - terms and definitions.
The mass of the driver and, if applicable, of the crew member is assessed at 75 kg (subdivided into 68 kg occupant mass and 7 kg luggage mass according to ISO Standard 2416 - 1992), the fuel tank is filled to 90 % and the other liquid containing systems (except those for used water) to 100 % of the capacity specified by the manufacturer.
Delete where not applicable.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).
As defined in Directive 2007/46/EC, Annex II, Section A.
Delete as appropriate.
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