EN Official Journal of the European Union L 9/33

Only the original UN/ECE texts have legal effect under international public law. The status and date of entry into force of this Regulation should be checked in the latest version of the UN/ECE status document TRANS/WP.29/343, available at:

http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29fdocstts.html

Regulation No 138 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility [2017/71]

Date of entry into force: 5 October 2016

CONTENTS

1. Scope

2. Definitions

3. Application for approval

4. Markings

5. Approval

6. Specifications

7. Modification and extension of approval of a vehicle type

8. Conformity of production

9. Penalties for non-conformity of production

10. Production definitively discontinued

11. Transitional provisions

12. Names and addresses of Technical Services responsible for conducting approval tests and of Type Approval Authorities

ANNEXES

1 Communication Addendum to the Communication Form (Technical Information document)

2 Arrangements of the approval mark

3 Methods and instruments for measuring the sound made by motor vehicles

Appendix: Figures and Flowcharts

1. SCOPE

This Regulation applies to electrified vehicles of categories M and N which can travel in the normal mode, in reverse or at least one forward drive gear, without an internal combustion engine operating (1) in respect to their audibility.

2. DEFINITIONS

For the purpose of this Regulation,

2.1. ‘Approval of a vehicle’ means the approval of a vehicle type with regard to sound;

2.2. ‘Acoustic Vehicle Alerting System’ (AVAS) means a component or set of components installed in vehicles with the primary purpose to fulfil the requirements of this Regulation;

2.3. ‘Vehicle type’ means a category of motor vehicles which does not differ essentially in such respects as: 2.3.1. The shape and the materials of the bodywork of the vehicle which affect the sound level emitted. 2.3.2. The principle of the powertrain (from the batteries to the wheels). Notwithstanding the provisions of 2.3.2 vehicles which differ with respect to overall gear ratios, battery type or the fitment of a range extender may be considered vehicles of the same type; 2.3.3. If applicable, the number and type(s) of sound emitting devices (hardware) of AVAS fitted on the vehicle; 2.3.4. If applicable, the position of the AVAS on the vehicle.

2.4. ‘Frequency Shift’ means the variation of the frequency content of the AVAS sound as a function of the vehicle speed.

2.5. ‘Electrified vehicle’ means a vehicle with a powertrain containing at least one electric motor or electric motor-generator. 2.5.1. ‘Pure Electric Vehicle’ (PEV) means a motor vehicle with an electric motor as its sole mean of propulsion. 2.5.2. ‘Hybrid Electric Vehicle’ (HEV) means a vehicle with a powertrain containing at least one electric motor or electric motor generator and at least one internal combustion engine as propulsion energy converters. 2.5.3. ‘Fuel Cell vehicle’ (FCV) means a vehicle with a fuel cell and an electric machine as propulsion energy converters. 2.5.4. ‘Fuel Cell Hybrid Vehicle’ (FCHV) means a vehicle with at least one fuel storage system and at least one Rechargeable Electric Energy Storage System (REESS) as propulsion energy storage system.

2.6. ‘Mass in running order’ means the mass of the vehicle, with its fuel tank(s) filled to at least 90 % of its or their capacity/ies, including the mass of the driver (75 kg), of the fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools.

2.7. ‘Pause function’ means a mechanism to halt temporarily the operation of an AVAS.

2.8. ‘Front plane of the vehicle’ means a vertical plane tangent to the leading edge of the vehicle.

2.9. ‘Rear plane of the vehicle’ means a vertical plane tangent to the trailing edge of the vehicle.

2.10. Symbols and abbreviated terms and the paragraph in which they are first used. Table 1 Symbols and Abbreviations Symbol Unit Paragraph Explanation ICE — 6.2 Internal Combustion Engine AA′ — Annex 3 para. 3 Line perpendicular to vehicle travel which indicates the beginning of the zone to record sound pressure level during test BB′ — Annex 3 para. 3 Line perpendicular to vehicle travel which indicates end of the zone to record sound pressure level during test PP′ — Annex 3 para. 3 Line perpendicular to vehicle travel which indicates location of microphones CC′ — Annex 3 para. 3 Centreline of vehicle travel v test km/h Annex 3 para. 3 Target vehicle test velocity j — Annex 3 para. 3 Index for single test run within standstill or constant speed test conditions Lreverse dB(A) Annex 3 para. 3 Vehicle A-weighted sound pressure level for reversing test L crs,10 dB(A) Annex 3 para. 3 Vehicle A-weighted sound pressure level for constant speed test at 10 km/h. L crs,20 dB(A) Annex 3 para. 3 Vehicle A-weighted sound pressure level for constant speed test at 20 km/h. L corr dB(A) Annex 3 para. 2.3.2 Background noise correction L test, j dB(A) Annex 3 para. 2.3.2 A-weighted sound pressure level result of j th test run L testcorr, j dB(A) Annex 3 para. 2.3.2 A-weighted sound pressure level result of j th test run corrected for background noise L bgn dB(A) Annex 3 para. 2.3.1 Background A-weighted sound pressure level. ΔL bgn, p-p dB(A) Annex 3 para. 2.3.2 Range of maximum to minimum value of the representative background noise A-weighted sound pressure level over a defined time period. ΔL dB(A) Annex 3 para. 2.3.2 A-weighted sound pressure level of j th test result minus the A-weighted background noise level (ΔL = L test,j – L bgn) v ref km/h Annex 3 para. 4 Reference vehicle velocity used for calculating frequency shift percentage. fj, speed Hz Annex 3 para. 4 Single frequency component at a given vehicle speed per sample segment, e.g. f1, 5 fref Hz Annex 3 para. 4 Single frequency component at reference vehicle speed fspeed Hz Annex 3 para. 4 Single frequency component at a given vehicle speed, e.g. f5 lveh m Annex 3, Appendix Length of vehicle

3. APPLICATION FOR APPROVAL

3.1. The application for approval of a vehicle type with regard to reduced audibility shall be submitted by its manufacturer or by a duly accredited representative.

3.2. It shall be accompanied by the undermentioned documents and the following particulars:

3.2.1. A description of the vehicle type with regard to the items mentioned in paragraph 2.3 above;

3.2.2. A description of the engine(s) as mentioned in Annex 1, Addendum;

3.2.3. If applicable, a list of the components constituting the AVAS;

3.2.4. If applicable, a drawing of the assembled AVAS and an indication of its position on the vehicle.

3.3. In the case of paragraph 2.3, the single vehicle, representative of the type in question, will be selected by the Technical Service conducting approval tests, in accordance with the vehicle manufacturer.

3.4. The Type Approval Authority shall verify the existence of satisfactory arrangements for ensuring effective control of the conformity of production before type approval is granted.

4. MARKINGS

4.1. The components of the AVAS (if applicable) shall bear:

4.1.1. The trade name or mark of the manufacturer(s) of the AVAS components;

4.1.2. A designated identification number(s).

4.2. These markings shall be clearly legible and be indelible.

5. APPROVAL

5.1. Type approval shall only be granted if the vehicle type meets the requirements of paragraphs 6 and 7 below.

5.2. An approval number shall be assigned to each type approved. Its first two digits (at present 00 corresponding to the 00 series of amendments) shall indicate the series of amendments incorporating the most recent major technical amendments made to the Regulation at the time of issue of the approval. The same Contracting Party shall not assign the same number to another vehicle type.

5.3. Notice of approval or of extension or of refusal or withdrawal of approval or of production definitively discontinued of a vehicle type pursuant to this Regulation shall be communicated to the Parties to the Agreement applying this Regulation by means of a form conforming to the model in Annex 1 to this Regulation.

5.4. There shall be affixed to every vehicle conforming to a vehicle type approved under this Regulation, conspicuously and in a readily accessible place specified on the approval form, an international approval mark consisting of:

5.4.1. A circle surrounding the letter ‘E’ followed by the distinguishing number of the country which has granted approval;

5.4.2. The number of this Regulation, followed by the letter ‘R’, a dash and the approval number to the right of the circle prescribed in paragraph 5.4.1.

5.5. If the vehicle conforms to a vehicle type approved, under one or more other Regulations annexed to the Agreement, in the country which has granted approval under this Regulation, the symbol prescribed in paragraph 5.4.1 need not be repeated. In such a case the regulation and approval numbers and the additional symbols of all the Regulations under which approval has been granted in the country which has granted approval under this Regulation shall be placed in vertical columns to the right of the symbol prescribed in paragraph 5.4.1.

5.6. The approval mark shall be clearly legible and indelible.

5.7. The approval mark shall be placed close to or on the vehicle data plate affixed by the manufacturer.

5.8. Annex 2 to this Regulation gives examples of arrangements of the approval mark.

6. SPECIFICATIONS

6.1. General specifications

For the purpose of this Regulation, the vehicle shall fulfil the following requirements:

6.2. Acoustics characteristics

The sound emitted by the vehicle type submitted for approval shall be measured by the methods described in Annex 3 to this Regulation.

The speed range for operation is the range of greater than 0 km/h up to and inclusive 20 km/h.

If the vehicle that is not equipped with an AVAS fulfils the overall levels as specified in table 2 below with a margin of + 3 dB(A), the specification for one-third octave bands and the frequency shift do not apply.

6.2.1. Constant speed tests

6.2.1.1. The test speeds for approval are 10 km/h and 20 km/h.

6.2.1.2. When tested under the conditions of Annex 3 paragraph 3.3.2, the vehicle shall emit a sound

(a) That has a minimum overall sound pressure level for the applicable test speed according to Table 2 of paragraph 6.2.8;

(b) That has at least two of the one-third octave bands according to Table 2 of paragraph 6.2.8. At least one of these bands shall be below or within the 1 600 Hz one-third octave band;

(c) With minimum sound pressure levels in the chosen bands for the applicable test speed according to Table 2 of paragraph 6.2.8, column 3 or column 4.

6.2.1.3. If after a vehicle is tested in accordance with Annex 3 paragraph 3.3.2, for 10 consecutive times within a series of measurements without recording a valid measurement because the vehicle's internal combustion engine (ICE) remains active or restarts and interferes with the measurements, the vehicle is exempted from this particular test.

6.2.2. Reversing test

6.2.2.1. When tested under the conditions of Annex 3 paragraph 3.3.3 the vehicle must emit a sound that has a minimum overall sound pressure level according to Table 2 of paragraph 6.2.8, column 5.

6.2.2.2. If after a vehicle is tested in accordance with Annex 3, paragraph 3.3.3, for 10 consecutive times within a series of measurements without recording a valid measurement because the vehicle's ICE remains active or restarts and interferes with the measurements, the vehicle is exempted from this particular test.

6.2.3. Frequency shift to signify acceleration and deceleration

6.2.3.1. The intention of frequency shift is to acoustically inform road users about the change in vehicle speed.

6.2.3.2. When tested under the conditions of Annex 3 paragraph 4, at least one tone within the frequency range as specified in paragraph 6.2.8 emitted by the vehicle shall vary proportionally with speed within each individual gear ratio by an average of at least 0,8 % per 1 km/h in the speed range from 5 km/h to 20 km/h inclusive when driving in forward direction. In case more than one frequency is shifted, only one frequency shift needs to fulfil the requirements.

6.2.4. Stationary sound

The vehicle may emit a sound when stationary.

6.2.5. Driver selectable sounds

The vehicle manufacturer may define alternative sounds which can be selected by the driver; each of these sounds shall be in compliance and approved with the provisions in paragraphs 6.2.1 to 6.2.3.

6.2.6. Pause function

The manufacturer may install a function for temporary deactivation of the AVAS. Any other deactivation function, which does not satisfy the specification below, is prohibited.

6.2.6.1. The function shall be located so that it is operable by the driver in a normal seating position.

6.2.6.2. In the case when the pause function is activated, the suspension of AVAS has to be clearly indicated to the driver.

6.2.6.3. The AVAS shall be reactivated when the vehicle is started upon each vehicle turn-off.

6.2.6.4. Owner's manual information

If a pause function is installed, the manufacturer shall provide the owner with information (e.g. in the owner's manual) on its effect:

‘The pause function of the Acoustic Vehicle Alerting System (AVAS) shall not be used unless for an obvious lack of necessity to emit sound for alert in the surrounding area and that it is certain that there are no pedestrians within the short distance.’

6.2.7. Specifications on maximum sound level for AVAS

When tested under the conditions of Annex 3 paragraph 3.3.2, a vehicle which is equipped with an AVAS, shall not emit an overall sound level of more than 75 dB(A), if driving in forward direction (2).

6.2.8. Minimum sound levels

The sound level measured in accordance with the provisions of Annex 3 to this Regulation, mathematically rounded to the nearest integer value, shall have at least the followings values:

Table 2

Minimum Sound Level Requirements in dB(A)

Frequency in Hz Constant Speed Test paragraph 3.3.2 (10 km/h) Constant Speed Test paragraph 3.3.2 (20 km/h) Reversing Test paragraph 3.3.3 Column 1 Column 2 Column 3 Column 4 Column 5 Overall 50 56 47 1/3rd Octave Bands 160 45 50 200 44 49 250 43 48 315 44 49 400 45 50 500 45 50 630 46 51 800 46 51 1 000 46 51 1 250 46 51 1 600 44 49 2 000 42 47 2 500 39 44 3 150 36 41 4 000 34 39 5 000 31 36

7. MODIFICATION AND EXTENSION OF APPROVAL OF A VEHICLE TYPE

7.1. Every modification of the vehicle type shall be notified to the Type Approval Authority which approved the vehicle type. The Type Approval Authority may then either:

7.1.1. consider that the modifications made are unlikely to have an appreciable adverse effect and that in any case the vehicle still complies with the requirements, or

7.1.2. require a further test report from the Technical Service responsible for conducting the tests.

7.2. Confirmation or refusal of approval, specifying the alterations shall be communicated by the procedure specified in paragraph 5.3 above to the Parties to the Agreement applying this Regulation.

7.3. The Type Approval Authority issuing the extension of approval shall assign a series number for such an extension and inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of a communication form conforming to the model in Annex 1 to this Regulation.

8. CONFORMITY OF PRODUCTION

The conformity of production procedures shall comply with those set out in the Agreement, Appendix 2 (E/ECE/324-E/ECE/TRANS/505/Rev.2) with the following requirements:

8.1. Vehicles approved according to this Regulation shall be manufactured so as to conform to the type approved and satisfy the requirements set forth in paragraph 6.2 above.

8.2. The authority which has granted type approval may at any time verify the conformity control methods applied in each production facility. The normal frequency of these verifications shall be one every 2 years.

9. PENALTIES FOR NON-CONFORMITY OF PRODUCTION

9.1. The approval granted in respect of a vehicle type pursuant to this Regulation may be withdrawn if the requirements set forth above are not met.

9.2. If a Contracting Party to the Agreement applying this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation, by means of a communication form conforming to the model in Annex 1 to this Regulation.

10. PRODUCTION DEFINITIVELY DISCONTINUED

If the holder of the approval completely ceases to manufacture a vehicle type approved in accordance with this Regulation, he shall so inform the authority which granted the approval. Upon receiving the relevant communication that authority shall inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of a communication form conforming to the model in Annex 1 to this Regulation.

11. TRANSITIONAL PROVISIONS

Until 30 June 2019 ISO 10844:1994 may be applied as an alternative to ISO 10844:2014 to check compliance of the test track as described in Annex 3, paragraph 2.1.2 of this Regulation.

12. NAMES AND ADDRESSES OF TECHNICAL SERVICES RESPONSIBLE FOR CONDUCTING APPROVAL TESTS AND OF TYPE APPROVAL AUTHORITIES

The Contracting Parties to the 1958 Agreement applying this Regulation shall communicate to the United Nations Secretariat the names and addresses of the Technical Services responsible for conducting approval tests and of the Type Approval Authorities which grant approval and to which forms certifying approval or extension or refusal or withdrawal of approval, issued in other countries, are to be sent.

(1) At this stage, only acoustic measures shall be developed in order to overcome the concern of reduced audible signals from electrified vehicles. After finalisation, the appropriate GR shall be assigned with the enhancement of the Regulation in order to develop alternative, non-acoustic measures, taking into account active safety systems such as, but not limited to, pedestrian detection systems. To provide for environmental protection, this Regulation specifies also maximum limits.

(2) The maximum overall sound pressure level of 75 dB(A) measured at a distance of 2 m is corresponding to the overall sound pressure level of 66 dB(A) measured at a distance of 7,5 m. The limit value of 66 dB(A) at a distance of 7,5 m is the lowest permitted maximum value in Regulations established under the 1958 Agreement.

ANNEX 1

ANNEX 2 ARRANGEMENTS OF THE APPROVAL MARK MODEL A (See paragraph 5.4 of this Regulation) The above approval mark affixed to a vehicle shows that the vehicle type concerned has, with regard to its audibility, been approved in the Netherlands (E 4) pursuant to Regulation No 138 under approval No 002439. The first two digits of the approval number indicate that Regulation No 138 already included the 00 series of amendments when the approval was granted. MODEL B (See paragraph 5.5 of this Regulation) The above approval mark affixed to a vehicle shows that the vehicle type concerned has been approved in the Netherlands (E 4) pursuant to Regulations Nos 138 and 33 (1). The approval numbers indicate that, at the dates when the respective approvals were granted, Regulation No 138 included the 00 series of amendments while Regulation No 33 included the 01 series of amendments. (1) The latter number is given as an example only.