Document ID: chunk:federal_register_of_legislation:F2023C00229:reg:110:p38
Version: federal_register_of_legislation:F2023C00229
Segment Type: reg
Provision Reference: reg 110 (pt 38/59)
Character Range: 710450–713761

to the requirements of Article 4 to Directive 70/156/EEC.

         5.        ACCESS TO OBD INFORMATION

             5.1 Replacement parts, diagnostic tools and test equipment

             5.1.1. Applications for type-approval or amendment of a type-approval according to either Article 3 or Article 5 of Directive 70/156/EEC shall be accompanied by the relevant information concerning the OBD system. This relevant information shall enable manufacturers of replacement or retrofit components to make the parts they manufacture compatible with the OBD system with a view to fault-free operation assuring the vehicle user against malfunctions. Similarly, such relevant information shall enable the manufacturers of diagnostic tools and test equipment to make tools and equipment that provide for effective and accurate diagnosis of emission control systems.

             5.1.2. Upon request, the type-approval authorities shall make Appendix 2 to the EC type approval certificate containing the relevant information on the OBD system available to any interested components, diagnostic tools or test equipment manufacturer on a non-discriminatory basis.

             5.1.2.1. In the case of replacement or service components, information can only be requested for such components that are subject to EC type-approval, or for components that form part of a system that is subject to EC type-approval.

             5.1.2.2. The request for information must identify the exact specification of the engine model type/engine model type within an engine family for which the information is required. It must confirm that the information is required for the development of replacement or retrofit parts or components or diagnostic tools or test equipment.

             5.2. Repair information

             5.2.1. No later than three months after the manufacturer has provided any authorised dealer or repair shop within the Community with repair infor- mation, the manufacturer shall make that information (including all subsequent amendments and supplements) available upon reasonable and non-discriminatory payment.

             5.2.2. The manufacturer must also make accessible, where appropriate upon payment the technical information required for the repair or maintenance of motor vehicles unless that information is covered by an intellectual property right or constitutes essential, secret know-how which is identified in an appropriate form; in such case, the necessary technical information must not be withheld improperly.

              Entitled to such information is any person engaged in commercially servicing or repairing, road-side rescuing, inspecting or testing of vehicles or in manufacturing or selling replacement or retro-fit components, diagnostic tools and test equipment.

             5.2.3. In the event of failure to comply with these provisions the approval authority shall take appropriate measures to ensure that repair information is available, in accordance with the procedures laid down for type-approval and in-service surveys.

         6.        DIAGNOSTIC SIGNALS

             6.1. Upon determination of the first malfunction of any component or system, 'freeze-frame' engine conditions present at the time must be stored in computer memory. Stored engine conditions must