Document ID: chunk:federal_register_of_legislation:F2024C00356:front:0:p35
Version: federal_register_of_legislation:F2024C00356
Segment Type: other
Provision Reference: 
Character Range: 132951–135994

to the type approval that did not require an emissions test, this period may be extended up to 24 months.

              9.3.5.  When applying the statistical procedure defined in Appendix 4, the number of sample lots shall depend on the annual sales volume of an in-service family in the territories of a regional organization (e.g. European Community), as defined in the following table:

Registrations per calendar year  Number of sample lots
Up to 100,000                    1

100,001 to 200,000               2

Above 200,000                    3

9.4.  On the basis of the audit referred to in paragraph 9.2., the Approval Authority shall adopt one of the following decisions and actions:
                   (a) Decide that the in-service conformity of a vehicle type or a vehicle in-service family is satisfactory and not take any further action;

                   (b) Decide that the data provided by the manufacturer is insufficient to reach a decision and request additional information or test data from the manufacturer;

                   (c) Decide that based on data from the Approval Authority or Contracting Party surveillance testing programmes, that information provided by the manufacturer is insufficient to reach a decision and request additional information or test data from the manufacturer;

                   (d) Decide that the in-service conformity of a vehicle type, that is part of an in-service family, is unsatisfactory and proceed to have such vehicle type tested in accordance with Appendix 3.

              9.4.1.  Where Type I tests are considered necessary to check the conformity of emission control devices with the requirements for their performance while in service, such tests shall be carried out using a test procedure meeting the statistical criteria defined in Appendix 2.

              9.4.2.  The Approval Authority, in cooperation with the manufacturer, shall select a sample of vehicles with sufficient mileage whose use under normal conditions can be reasonably assured. The manufacturer shall be consulted on the choice of the vehicles in the sample and allowed to attend the confirmatory checks of the vehicles.

              9.4.3.  The manufacturer shall be authorized, under the supervision of the Approval Authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer (e.g. use of leaded petrol before the test date). Where the results of the checks confirm such causes, those test results shall be excluded from the conformity check.

  10.  Penalties for non-conformity of production
              10.1.  The approval granted in respect of a vehicle type pursuant to this amendment, may be withdrawn if the requirements laid down in paragraph 8.1. above are not complied with or if the vehicle or vehicles taken fail to pass the tests prescribed in paragraph 8.1.1. above.

              10.2.  If