COMMISSION REGULATION (EU) No 351/2012
of 23 April 2012
implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for the installation of lane departure warning systems in motor vehicles
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) and Article 14(3)(a) thereof,
Whereas:
(1)
Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles of categories M2, M3, N2 and N3 with regard to the installation of lane departure warning systems. It is necessary to set out the specific procedures, tests and requirements for such type-approval.
(2)
Regulation (EC) No 661/2009 provides that the Commission may adopt measures exempting certain vehicles or classes of vehicles of categories M2, M3, N2 and N3 from the obligation to install lane departure warning systems, where following a cost/benefit analysis and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned.
(3)
The cost/benefit analysis has proven that the application of lane departure warning systems to semi-trailer towing vehicles of category N2 with a maximum mass exceeding 3,5 tonnes but not exceeding 8 tonnes is not appropriate as it would generate more costs than benefits. In addition, it is considered that due to their typical use in specific traffic conditions, the installation of lane departure warning systems would generate only limited safety benefits for category M2 and M3 vehicles of Class A, Class I and Class II, and for articulated buses of category M3 of Class A, Class I and Class II, as well as for certain special purpose vehicles, off-road vehicles and vehicles with more than three axles. Those vehicles should therefore be exempted from the obligation to install those systems.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee - Motor Vehicles,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
This Regulation applies to vehicles of categories M2, N2, M3 and N3, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council (2), with the exception of the following:
(1)
semi-trailer towing vehicles of category N2 with a maximum mass exceeding 3,5 tonnes but not exceeding 8 tonnes;
(2)
categories M2 and M3 vehicles of Class A, Class I and Class II;
(3)
category M3 articulated buses of Class A, Class I and Class II;
(4)
off-road vehicles of categories M2, M3, N2 and N3 as referred to in points 4.2 and 4.3 of Part A of Annex II to Directive 2007/46/EC;
(5)
special purpose vehicles of categories M2, M3, N2 and N3 as referred to in point 5 of Part A of Annex II to Directive 2007/46/EC;
(6)
vehicles of categories M2, M3, N2 and N3 with more than three axles.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply in addition to the definitions set out in Regulation (EC) No 661/2009:
(1)
‘vehicle type with regard to its Lane Departure Warning System’ means a category of vehicles which do not differ in such essential respects as:
(a)
the manufacturer’s trade name or mark;
(b)
vehicle features which significantly influence the performances of the Lane Departure Warning System;
(c)
the type and design of the Lane Departure Warning System;
(2)
‘lane’ means one of the longitudinal strips into which a roadway is divided (as shown in the Appendix to Annex II);
(3)
‘visible lane marking’ means delineators intentionally placed on the borderline of the lane that are directly visible by the driver while driving;
(4)
‘rate of departure’ means the subject vehicle’s approach velocity at a right angle to the visible lane marking at the warning issue point;
(5)
‘common space’ means an area on which two or more information functions may be displayed, but not simultaneously.
Article 3
EC type-approval of a type of vehicle with regard to LDWS
1. The manufacturer or his representative shall submit to the type-approval authority the application for EC type-approval of a vehicle with regard to lane departure warning 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 Annex II 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.
A Member State may not assign the same number to another vehicle type.
4. For the purposes of paragraph 3, the type-approval authority shall issue an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
Article 4
This Regulation shall enter into force on the twentieth day following that of 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.
Done at Brussels, 23 April 2012.