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Commission Regulation (EU) No 109/2011 of 27 January 2011 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for certain categories of motor vehicles and their trailers as regards spray suppression systems (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 91/226/EEC of 27 March 1991 on the approximation of the laws of the Member States relating to the spray suppression systems of certain categories of motor vehicles and their trailers(3).
(3) Regulation (EC) No 661/2009 lays down fundamental provisions on requirements for the type-approval of motor vehicles with regard to their spray suppression systems and the type-approval of spray suppression systems as separate technical units. It is now necessary to set out the specific procedures, tests and requirements for such type-approval.
(4) In so doing, it is appropriate to carry over to this Regulation the requirements set out in Directive 91/226/EEC adapted where necessary to the development of scientific and technical knowledge.
(5) The scope of this Regulation should be in line with that of Regulation (EC) No 661/2009 and thus limited to vehicles of categories N and O. 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 vehicles of categories N and O, as defined in Annex II to Directive 2007/46/EC, as well as to spray suppression systems intended for fitment to vehicles of categories N and O.]
Textual Amendments
F1 Substituted by Commission Regulation (EU) 2015/166 of 3 February 2015 supplementing and amending Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards the inclusion of specific procedures, assessment methods and technical requirements, and amending Directive 2007/46/EC of the European Parliament and of the Council, and Commission Regulations (EU) No 1003/2010, (EU) No 109/2011 and (EU) No 458/2011 (Text with EEA relevance).
For the purposes of this Regulation, the following definitions shall apply:
‘spray-suppression system’ means a system intended to reduce the pulverisation of water thrown upwards by the tyres of a vehicle in motion and which is made up of a mudguard, rain flaps and valances equipped with a spray-suppression device;
‘mudguard’ means a rigid or semi-rigid component intended to trap the water thrown up by tyres in motion and to direct it towards the ground and which may entirely or partially form an integral part of the vehicle bodywork or other parts of the vehicle such as the lower part of the load platform;
‘rain flap’ means a flexible component mounted vertically behind the wheel, on the lower part of the chassis or the loading surface, or on the mudguard and which must also reduce the risk of small objects, in particular pebbles, being picked up from the ground by the tyres and thrown upwards or sidewards towards other road users;
‘spray-suppression device’ means part of the spray-suppression system, which may comprise an air/water separator and an energy absorber;
‘air/water separator’ means a component forming part of the valance and/or of the rain flap through which air can pass whilst reducing pulverised water emissions;
‘energy absorber’ means a component forming part of the mudguard and/or valance and/or rain flap which absorbs the energy of water spray, thus reducing pulverised water spray;
‘outer valance’ means a component located approximately within a vertical plane that is parallel to the longitudinal plane of the vehicle and which may form part of a mudguard or of the vehicle bodywork;
‘steered wheels’ means the wheels actuated by the vehicle’s steering system;
‘self-tracking axle’ means an axle pivoted about a central point in such a way that it can describe a horizontal arc;
‘self-steered wheels’ means wheels not actuated by the vehicle’s steering device, which may swivel through an angle not exceeding 20° owing to the friction exerted by the ground.;
‘retractable axle’ means an axle as defined in point 2.15 of Annex I to Directive 97/27/EC of the European Parliament and of the Council(4);
‘unladen vehicle’ means a vehicle in running order as stated in point 2.6 of Annex I to Directive 2007/46/EC;
‘tread’ is the part of the tyre as defined in point 2.8 of Annex II to Council Directive 92/23/EEC(5);
‘type of spray-suppression device’ means devices which do not differ with respect to the following main characteristics:
the physical principle adopted in order to reduce emissions (water-energy absorption, air/water separator),
materials,
shape,
dimensions, in so far as they may influence the behaviour of the material;
‘semi-trailer towing vehicle’ means a towing vehicle as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC;
‘technically permissible maximum laden mass (M)’ means the maximum technically permissible maximum laden mass stated by the manufacturer as described in point 2.8 of Annex I to Directive 2007/46/EC;
‘vehicle type with regard to spray suppression’ means complete, incomplete or completed vehicles, which do not differ with respect to the following aspects:
type of spray suppression device installed on the vehicle,
manufacturer’s spray suppression system type designation.
1.The manufacturer or the representative of the manufacturer shall submit to the approval authority the application for EC type-approval of a vehicle with regard to its spray suppression systems.
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 Annexes III and IV to this Regulation are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.
An approval authority may not assign the same number to another vehicle type.
4.For the purposes of paragraph 3, the approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
1.The manufacturer or his representative shall submit to the approval authority the application for EC separate technical unit type-approval for a type of spray suppression system.
The application shall be drawn up in accordance with the model information document set out in Part 1 of Annex II.
2.If the relevant requirements set out in Annexes III and IV to this Regulation are met, the approval authority shall grant an EC separate technical unit type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.
An approval authority may not assign the same number to another type of separate technical unit.
3.For the purposes of paragraph 2, the approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex II.
Every separate technical unit conforming to a type in respect of which EC separate technical unit type-approval has been granted pursuant to this Regulation shall bear an EC separate technical unit type-approval mark as set out in Part 3 of Annex II.
National authorities shall permit the sale and entry into service of vehicles and separate technical units type-approved under Directive 91/226/EEC before 1 November 2012 and continue to grant extension of approvals to those vehicles and separate technical units under the terms of Directive 91/226/EEC.
This Regulation shall enter into force on the twentieth day following 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.
Information document No … relating to the EC type-approval of a vehicle with regard to its spray suppression systems.
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 have electronic controls, information concerning their performance shall be supplied.
(in kg and mm) (Refer to drawing where applicable)
Date, Signature
Stamp of approval authorityU.K.
Communication concerning:
a Delete where not applicable. | |
of a type of vehicle with regard to its spray suppression systems | |
with regard to Regulation (EU) No …/… as last amended by Regulation (EU) No …/…a | |
EC type-approval number: | |
Reason for extension: |
Information document No … relating to the EC type-approval as a separate technical unit of spray suppression systems.
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.
Date
Signed
Stamp of approval authorityU.K.
Communication concerning:
a Delete where not applicable. | |
of a type of spray suppression system as a component/separate technical unit | |
with regard to Regulation (EU) No …/…, as last amended by Regulation (EU) No …/…a | |
EC type-approval number: | |
Reason for extension: |
for Germany
for France
for Italy
for The Netherlands
for Sweden
for Belgium
for Hungary
for the Czech Republic
for Spain
for the United Kingdom
for Austria
for Luxembourg
for Finland
for Denmark
for Romania
for Poland
for Portugal
for Greece
for Ireland
[F2for Croatia]
for Slovenia
for Slovakia
for Estonia
for Latvia
for Bulgaria
for Lithuania
for Cyprus
for Malta
Textual Amendments
F2 Inserted by Commission Regulation (EU) No 519/2013 of 21 February 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia.
Four samples: three of which are for tests and a fourth is to be kept by the laboratory for any subsequent verification. The test laboratory may require further samples.
The aim of this test is to quantify the ability of a device to retain the water directed against it by a series of jets. The test assembly is intended to reproduce the conditions under which the device is to function when fitted to a vehicle as regards the volume and speed of the water thrown up from the ground by the tyre tread.
See Figure 8 in Annex VI for a description of the test assembly.
If within a second series of five tests the highest and lowest percentages of water recovered again depart from the average percentage by more than 5 % and if the lower value does not satisfy the requirements of point 5.1, type-approval shall be refused.
The mean of the individual results shall then be taken to give the average percentage. This average percentage must be 70 or higher.
This test is intended to determine the effectiveness of a porous material intended to retain the water with which it has been sprayed by means of a pressurised air/water pulveriser.
The equipment used for the test must simulate the conditions to which the material would be submitted, with regard to the volume and speed of the water sprays produced by the tyres, if it were fitted to a vehicle.
See Figure 9 in Annex VI for a description of the test assembly.
:
5 bar + 10 %/– 0 %
:
1 litre/minute ± 5 seconds
:
circular, 50 ± 5 mm in diameter at 200 ± 5 mm from the sample, nozzle 5 ± 0,1 mm in diameter.
The requirement of point 5.1 remains in force in order to give the results of each test.
At the manufacturer's discretion, for vehicles of category N 1 , N 2 with a permissible maximum laden mass not exceeding 7,5 tonnes, O 1 and O 2, the requirements of Commission Regulation (EU) No 1009/2010 (10) as set out for vehicle category M 1 may be applied instead of the requirements of this Annex. In such a case, the information document shall include all the particulars relevant to wheel guards as laid down in Article 3(2) of that Regulation.]
Where a vehicle is fitted with one or more retractable axles, the spray-suppression system must cover all the wheels when the axle is lowered and the wheels in contact with the ground when the axle is raised.
For the purpose of this Regulation, a self-tracking axle of the ‘pivot steering’ type is considered to be, and treated as, an axle fitted with steered wheels.
Where a vehicle is fitted with a self-tracking axle, the spray-suppression system must satisfy the conditions applicable to non-steered wheels if mounted on the pivoting part. If not mounted on that part it must satisfy the conditions that are applicable to steered wheels.
The distance ‘c’ between the longitudinal plane tangential to the outer tyre wall, apart from any tyre bulge near the ground, and the inner edge of the valance must not exceed 100 mm (Figures 1a and 1b of Annex VI).
For the checking of compliance with this Regulation the vehicle must be in the following state:
it must be unladen and with the wheels in the straight-ahead position;
in the case of semi-trailers, the loading surfaces must be horizontal;
the tyres must be inflated to their normal pressure.
in the case of a single or multiple axle, the forward edge (C) must extend forwards to reach a line O-Z where Θ (theta) is no more than 45° above the horizontal.
The rearmost edge (Figure 2 of Annex VI) must extend downwards in such a way as not to be more than 100 mm above a horizontal line passing through the centre of the wheel;
in the case of multiple axles the angle Θ relates only to the foremost axle and the requirement relating to the height of the rearmost edge applies only to the rearmost axle;
the mudguard must possess a total width ‘q’ (Figure 1a of Annex VI) at least adequate to cover the width of the tyre ‘b’ or the entire width of two tyres ‘t’ in the case of twin wheels, account being taken of the extremes for the tyre/wheel unit specified by the manufacturer. Dimensions ‘b’ and ‘t’ shall be measured at hub height, excluding any markings, ribs, protective bands, etc., on the tyre walls.
general case} Rv ≤ 1,8 R
non-steered wheels for vehicles with a technically permissible laden mass more than 7,5 t} Rv ≤ 1,5 R
where R is the radius of the tyre fitted to the vehicle, and Rv the distance, expressed as a radius, at which the lower edge of the outer valence is situated.
Those vehicles must therefore be designed in such a way as to meet the requirements set out in the first paragraph when they are operated without a semi-trailer.
In order to be able to meet those requirements, mudguards and valances may, for example, comprise a removable part.
The width of the part of the rain flaps positioned beneath the mudguard must satisfy the condition laid down in this paragraph with a tolerance of ± 10 mm at each side.
This distance is increased to 300 mm in the case of the last axle where the radial distance of the lower edge of the outer valancing, Rv, does not exceed the dimensions of the radius of the tyres fitted to the wheels on that axle.
The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.
In the case of multiple axles an outer valance must be located by each wheel.
where
=
is the radius of tyre fitted to the vehicle;
=
the radial distance from the lowest edge of the outer valance to the centre of the wheel.
comply with point 6.3 (Figure 3 of Annex VI); or
comply with points 6.3.1, 6.3.2, 6.3.5, 6.3.8 and 8.3.2 (Figure 6 of Annex VI).
The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.
To this end the manufacturer must either have available a laboratory which is sufficiently well-equipped for the execution of the essential tests, or have the production-conformity tests carried out by an approved laboratory.
The results of the production conformity checks are made available for inspection by the competent authorities for at least 1 year.
At the request of the authorities which have granted component type-approval, manufacturers shall provide them with devices of the type previously type-approved for the purpose of tests or conformity checks.
The average of all measurements taken must be in conformity with the specifications of point 4 of Part 2 and point 4 of Part 3 of Annex III, and no individual measurement must be less than 95 % of the value specified.
An EC component type-approval holder ceasing production must forthwith inform the competent authorities of that fact.
Figure 4
Diagram showing assembly of a spray-suppression system (mudguard, rain flap, outer valance) incorporating spray-suppression devices (energy absorbers) for multiple axles
Figure 5
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (energy absorbers) for axles fitted with non-steered or self-steering wheels
(Annex IV – points 5.2 and 7)
Figure 6
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices fitted with air/water separators for axles fitted with steered, self-steering or non-steered wheels
Figure 7
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (mudguard, rain flap, outer valance) for multiple axles where the distance between the tyres does not exceed 300 mm
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.
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??).
Delete where not applicable.
[F1Commission 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 ( OJ L 292, 10.11.2010, p. 21 ).]
Textual Amendments
F1 Substituted by Commission Regulation (EU) 2015/166 of 3 February 2015 supplementing and amending Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards the inclusion of specific procedures, assessment methods and technical requirements, and amending Directive 2007/46/EC of the European Parliament and of the Council, and Commission Regulations (EU) No 1003/2010, (EU) No 109/2011 and (EU) No 458/2011 (Text with EEA relevance).
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