Document ID: chunk:federal_register_of_legislation:F2023L00129:front:0:p46
Version: federal_register_of_legislation:F2023L00129
Segment Type: other
Provision Reference: 
Character Range: 126458–129367

original type approval a plan of remedial measures in accordance with paragraph 9.3. or perform additional in-service conformity testing with an equivalent vehicle to verify whether the engine or vehicle type fails the requirements. In the case where the manufacturer can demonstrate to the satisfaction of the Type Approval Authority that further time is required to perform additional testing, an extension may be granted.
9.2.9. Experts of the Contracting Party that reported the failing engine or vehicle type in accordance with paragraph 9.2.7. shall be invited to witness the additional in-service conformity tests referred to in paragraph 9.2.8. Additionally, the results of the tests shall be reported to that Contracting Party and the approval authorities.
If these in-service conformity tests or confirmatory tests confirm the non-conformance of the engine or vehicle type, the Type Approval Authority shall require the manufacturer to submit a plan of remedial measures to remedy the non-conformity. The plan of remedial measures shall comply with the provisions of paragraph 9.3. of this Regulation and paragraph 9. of Annex 8.
If those in-service conformity tests or confirmatory tests show conformity, the manufacturer shall submit a report to the Type Approval Authority which granted the original type approval. The report shall be submitted by the Type Approval Authority which granted the original type approval to the Contracting Party that reported the failing vehicle type and the Type Approval Authorities. It shall contain the test results according to paragraph 10. of Annex 8.
9.2.10. The Type Approval Authority which granted the original type approval shall keep the Contracting Party which had established that the engine or vehicle type did not conform to the applicable requirements informed of the progress and results of the discussions with the manufacturer, the verification tests and the remedial measures.
9.3. Remedial measures
9.3.1. On request of the Type Approval Authority and following in-service testing in accordance with paragraph 9.2., the manufacturer shall submit the plan of remedial measures to the Type Approval Authority no later than 60 working days after receipt of the notification from the Type Approval Authority. Where the manufacturer can demonstrate to the satisfaction of the Type Approval Authority that further time is required to investigate the reason for the non-compliance in order to submit a plan of remedial measures, an extension may be granted.
9.3.2. The remedial measures shall apply to all engines in service belonging to the same engine families or OBD engine families and be extended also to engine families or OBD engine families which are likely to be affected with the same defects. The need to amend the type approval documents shall be assessed by the manufacturer and the result reported to the Type Approval Authority.
9.3.3.