16.2.2012 EN Official Journal of the European Union L 43/6
COMMISSION REGULATION (EU) No 130/2012
of 15 February 2012
concerning type-approval requirements for motor vehicles with regard to vehicle access and manoeuvrability 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)
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 70/387/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to the doors of motor vehicles and their trailers (3) as well as Council Directive 75/443/EEC of 26 June 1975 on the approximation of the laws of the Member States relating to the reverse and speedometer equipment of motor vehicles (4). The requirements set out in those Directives for access steps, handholds and running boards as well as reversing devices should be carried over to this Regulation and, where necessary, adapted to the development of scientific and technical knowledge. Certain other requirements laid down in those Directives and which are not covered by this Regulation are already addressed through the compulsory application of UNECE Regulation No 11 (5) and Regulation No 39 (6) listed in Annex IV to Regulation (EC) No 661/2009.
(3) The scope of this Regulation should be in line with that of Directive 70/387/EEC and Directive 75/443/EEC insofar appropriate. The Regulation should therefore cover vehicles of categories M and N.
(4) Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles with regard to vehicle access, namely access steps, handholds and running boards as well as manoeuvrability, namely reversing devices. It is necessary to 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,
Scope
This Regulation applies to vehicles of categories M and N as defined in Annex II to Directive 2007/46/EC.
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘vehicle type with regard to vehicle access and manoeuvrability’ means vehicles which do not differ in such essential respects as:
(a) the characteristics of running boards, access steps and handholds;
(b) the characteristics of the reversing device.
(2) ‘off-road vehicle (ORV)’ means a vehicle in conformity with the criteria set out in Part A of Annex II to Directive 2007/46/EC;
(3) ‘floor entrance’ means the lowest point of the door aperture or other structure whichever of the two is higher, which a person has to clear in terms of height in order to enter the passenger compartment.
EC type-approval of a vehicle with regard to vehicle access and manoeuvrability
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 vehicle access and manoeuvrability.
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 II and III 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 approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
Validity and extension of approvals granted under Directive 70/387/EEC and Directive 75/443/EEC
National authorities shall permit the sale and entry into service of vehicles type-approved before the date referred to in Article 13(2) of Regulation (EC) No 661/2009 and continue to grant extension of approvals to those vehicles under the terms of Directive 70/387/EEC and Directive 75/443/EEC.
Entry into force
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.