EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2019/2144 of the European Parliament and of the 
Council by laying down detailed rules concerning the specific test procedures and 
technical requirements for the type -approval of motor vehicles with regard to the driver 
drowsin ess and attention warning systems and amending Annex II to that Regulation 
and Annex II to Regulation (EU) 2018/858 of the European Parliament and of the 
Council  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
 
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) 201 9/2144 of the European Parliament and of the Council1 mandates motor 
vehicles of categories M and N to be equipped with driver drowsiness and attention warning 
(DDAW) systems from 6 July 2022 for new types and from 7 July 2024  for all new vehicles. 
The DDAW is defined as a system that assesses the driver’s a lertness through vehicle systems 
analysis and , where needed, provides a  warn ing to  the driver . In particular, DDAW must 
detect or recognise the driving and/or steering pattern symptomatic of a driver exhibiting 
reduced alertness due to fatigue, and interac t with and alert the driver via the vehicle’s 
human -machine interface.  
The Commission is empowered to lay down detailed rules concerning the specific test 
procedures and technical requirements for the type-approval of motor vehicles with regard to 
the driver drowsiness and attention warning.  This Commission Delegated Regulation 
supplements Regulation (EU) 201 9/2144 by laying down the respective technical 
requirements and test procedures. In particular, it provides for a reference scale to be used by 
type-approval authorities and technical services to measure driver drowsiness and a reference 
test procedure to be carried out with human participants.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In the preparation of this act, the Commission carried ou t appropriate consultations with the 
Member States experts  and stakeholders. Exchange of views on the approach proposed took 
place at the meetings of the Motor Vehicle Working Group held on 8 July , 8 October and 16 
December 2020.  There is a general support  from Member States and stakeholders on the draft.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The legal basis of this delegated act is Article 4(6) and  Article 6(6) of Regulation (EU) 
2019/2144  of the European Parliament and of the Council  and Article 5(3) of Regulation (EU) 
2018/858 of the European Parliament and of the Council . 
Fatigue negatively affects driver’s capability for safe and effective driving.  It is estimated to 
be the cause for 1 0 to 25% of all road crashes in Europe2. Since the decrease of driver’s 
alertness due to fatigue is mostly observed on long -distance driving with a constant speed, the 
safety potential of DDAW is expected when driving outside urban areas where the speed limit 
exceeds 70 km/h. For this reason, i t is proposed that motor vehicles with design speed not 
exceeding 70 km/h would not be required to be fitted with driver drowsiness and attention 
warning systems . 
Currently, there are no EURO NCAP3 protocols for testing vehicle DDAW systems. The 
developmen t of such systems is specific to research teams, car manufacturers and suppliers, 
therefore, the provisions of this Regulation cover the human machine interface aspect and the 
environment, where the DDAW must warn the driver.  
                                                 
1 OJ L 325, 16.12.2019,  p. 1. 
2
 https://ec.europa.eu/transport/road_safety/specialist/knowledge/fatique/f atigue_and_road_crashes/frequency_of_fatigu
e_related_crashes_en  
3 The European New Car Assessment Programme: https://www.euroncap.com/en  EN 2  EN Since  DDAW systems assess the physical state of the driver through indirect means, it is not 
possible to fully test those systems through a set of defined tests or with a programmable 
machine , which reproduces human behaviour. For this reason, it is proposed to  apply  the 
following test method s: 
(1) The vehicle manufacturer carries out validation tests with human participants, either 
in a simulated environment or in a test vehicle, and present to the approval 
authorities and technical services the technical documenta tion and the test results to 
be assessed as a compilation of successful drowsiness warning and failure to warn 
the driver.  The vehicle manufacturer also proposes to the approval authority or 
technical service at least one test  protocol  for checking the capability of the DDAW 
system to provide a warning to the driver . 
(2) The approval authorit y or technical service assess  the technical documentation and 
the results from the validation tests, performed by the vehicle manufacturer , and may 
re-run tests on predictable aspect of the DDAW system.  The type-approval 
authorities or technical services perform the test protocol , prepared by the vehicle 
manufacturer, and deliver a PASS/FAIL depending on the ability of the DDAW 
system to provide a warning  at least once during the testing.  
The proposed performance requirements for tests run with human participants  are based on 
statistical approach, taking into account either the average efficiency among the test subjects 
or the minimal efficiency for 95% of  them.  Level of drowsiness is measurement in 
accordance with the reference scale provided in this Regulation. However, vehicle 
manufacturers may choose to use an alternative measurement method , in which case it has to 
be duly documented and equivalence to  the reference scale must be provided  to the approval 
authority or the technical service .  
This Commission Delegated Regulation also amends Annex II to Regulation (EU) 2019/2144 
by adding a reference to the regulatory act establishing the specific requirements with regard 
to the driver drowsiness and attention warning systems. A r eference to th is Regulation is also 
introduced to the list of requirements contained in the tables in the Appendix 1 to Part 1 of 
Annex II to Regulation (EU) 2018/858 of th e European Parliament and of the Council4 with 
respect to the requirements applicable to the EU type -approval of motor vehicles produced in 
small series and to the EU individually approved motor vehicles, respectively . 
                                                 
4 OJ L 151, 14.6.2018, p. 1.  EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2019/2144 of the European Parliament and of the 
Council by laying down detailed rules concerning the specific test procedures and 
technical requiremen ts for the type -approval of motor vehicles with regard to the driver 
drowsiness and attention warning systems and amending Annex II to that Regulation 
and Annex II to Regulation (EU) 2018/858 of the European Parliament and of the 
Council  
(Text with EEA rel evance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to  Regulation (EU) 2019/2144 of the European Parliament and of the Council 
of 27 November 2019 on type -approval requirements for motor vehi cles and their trailers, and  
systems, components and separate technical units intended for such vehicles, as regards their 
general safety and the protection of vehicle occupants and vulnerable road users, amending 
Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing 
Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European 
Parliament and of the Council and Commission Regulations (EC) No 631/200 9, (EU) No 
406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, 
(EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 
65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and 
(EU) 2015/1661, and in particular Article 4(6) and point (a) of Article 6(6)  thereof,  
Having regard to Regulation (E U) 2018/858 of the European Parliament and of the Council of 
30 May 2018 on the approval and market surveillance of motor vehicles and t heir trailers, and 
of systems, components and separate technical units intended for such vehicles, amending 
Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC2, 
and in particular Article 5(3)  thereof,  
Whereas:  
(1) Article 6 of  Regulation (EU) 2019/2144 of the European Parliament and of the 
Council  requires  motor vehicles of categories M and N  to be equipped with certain 
advanced vehicle systems, including driver drowsiness and attention warning systems. 
It lays down in its Anne x II basic requirements for the type -approval of motor vehicles 
with regard to the driver drowsiness and attention warning systems . 
(2) Detailed rules are necessary concerning the specific test procedures and technical 
requirements for  the type -approval of motor vehicles with regard to driver drowsiness 
and attention warning systems .  
                                                 
1 OJ L 325, 16.12.2019,  p. 1.  
2 OJ L 151, 14.6.2018, p. 1.  EN 4  EN (3) Fatigue negatively affects driver’s physical, cognitive, psychomotor and sensory 
processing capabilities,  which are n eeded for safe driving.  Driver f atigue is a factor  in 
10-25 % of all road crashes in the Union . 
(4) As defined in Regulation (EU) 2019/2144 , the driver drowsiness and attention warning 
(DDAW) is a system that assess es the driver’s alertness and , where needed, provid es a 
warning to the driver via the vehicle’s human -machine interface.  
(5) DDAW system s are more effective outside the urban zones  because the reduced driver 
alertness due to fatigue mostly occurs  in long -distance driving at a constant speed . 
Moreover, constantly changing driving and steering pattern when  driving with in urban 
zones is difficult for assessment with the available technologies. Therefore , for the 
purposes of type -approval, DDAW systems should be required only in motor vehicles 
with a maximum design  speed above the speed limits for urban zones . 
(6) The DDAW system s assess the human physical state through indirect means , such as  
system analysis and  recogni tion of driving or steering pattern of a driver exhibiting 
reduced alertness due to drowsiness , therefor e it is not possible to fully test th ose 
system s through a set of defined test s or with a programmable machine , which 
reproduce s human behaviour. Instead, the manufacturer should perform validation 
testing with human participants and present the results to the approval authority 
together with at least one test protocol  for checking the capability of the DDAW 
systems to produce a warning to the drowsy driver . 
(7) Taking into account the indirect nature of the measurement, the variability in the 
effect s of human drowsiness and the relative immaturity of existing technologies, t he 
performance  require ments for DDAW systems  should be set at a level that is realistic 
and attainable . At the same time, t hose requirements should be technology -neutral , in 
order to foster development of new technologies, therefore, the assessment of the 
performance of DDAW systems should be  based on a statistical approach, taking into 
account either the average efficiency  among the test subjects or the minimal efficiency 
for 95% of the m. However, the use of the latter  option should be preferred  as it 
provides  that the DDAW system s will perform equally effective to  all drivers . 
(8) This Regulation should provide a reference scale to be used by manufacturers to 
measure driver drowsiness in the tes ts involving  human participants. Where 
manufacturers cho ose to use a n alternative measurement method, it should be duly 
documented and equivalence to the reference scale in this Regulation should be 
provided.  
(9) The table containing the list of requirements i n Annex II to Regulation (EU) 
2019/2144  does not contain any reference to regulatory acts as regards driver 
drowsiness and attention warning systems . It is therefore necessary to introduce a 
reference to this Regulation in that Annex .  
(10) The tables in Appendix 1 to Part I of Annex II to Regulation (EU) 2018/858 contain 
the regulatory acts applicable to the EU type -approval of vehicles produced in small 
series pursuant to Article 41 of that Regulation and to the EU individual vehicle 
approv al pursuant to Article 44 of that Regulation, respectively.  It is therefore 
necessary to update Annex II to introduce a reference to Regulation (EU) 2019/2144 
and this Regulation as they contain requirements that also apply to vehicles produced 
in small se ries and to individually approved vehicles.  
(11) Regulations (EU) 2019/2144 and (EU) 2018/858 should therefore be amended 
accordingly.  EN 5  EN (12) As Regulation (EU) 2019/2144 is to apply from 6 July 2022, this Regulation should 
apply f rom the same date.  
(13) The provisions of this Regulation are closely linked, as  they deal with rules concerning 
the technical requirements for  the type -approval of motor vehicles with regard to the 
driver drowsiness and attention warning systems. As a result of the rules laid down in 
this Regulat ion, it is necessary to introduce a reference to this Regulation in Annex II 
to Regulation  (EU)  2019/2144  and to introduce  a reference  to Regulation (EU) 
2019/2144 and this Regulation  in Annex II to Regulation (EU) 2018 /858. It is 
therefore appropriate to adopt those provisions in a single Regulation , 
HAS ADOPTED  THIS REGULATION:  
Article 1  
Scope  
This Regulation applies to motor vehicles of categories  M and N , as defined in points (a) and 
(b) of Article 4 (1) of Regulation (EU) 2018/858 of the European Parliament and of the 
Council , with a maximum design speed above  70 km/h . 
Article 2 
Technical r equirements for the driver drowsiness and attention warning  system  
Technical requirements for the approval of motor vehicles with regard to the driver 
drowsiness and attention warning system s are laid down in Part 1 of Annex I. 
Article 3 
Procedures for validation of driver drowsiness and attention warning  system s 
Test procedures for validation of driver drowsiness and attention warning  systems by the 
manufacturer are laid down in Part 2 of Annex I . 
Article 4 
Procedures for assessment of technical documentation  and verification testing  
Procedures for assessment of the technical documentation provided by the manufacturer and 
for verification testing by the approval authorities and technical services  are laid down in Part 
3 of Annex I.  
Article 5 
Amendment to Regulation (EU) 2019 /2144  
Annex  II to Regulation (EU) 2019/2144 of the European Parliament and of the Council is 
amended in accordance with Annex II to this Regulation.  
Article 6  
Amendments to Reg ulation (EU) 20 18/858 
Annex II to Regulation (EU) 2018/858 is amended in accordance with Annex III to this 
Regulation.  EN 6  EN Article 7 
Entry into force and application  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from 6 July 2022.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen