Document ID: chunk:federal_register_of_legislation:F2023L00129:reg:10:p99
Version: federal_register_of_legislation:F2023L00129
Segment Type: reg
Provision Reference: reg 10 (pt 99/150)
Character Range: 1001204–1004141

that would allow for improved emission control is available on the market at the time of the AES preliminary assessment it shall be used with no unjustified modulation.

              2. When used to justify an AES, the risk of sudden and irreparable damage to the engine, shall be appropriately demonstrated and documented, including the following information:

                  (a) Proof of catastrophic (i.e. sudden and irreparable) engine damage shall be provided by the manufacturer, along with a risk assessment which includes an evaluation of the likelihood of the risk occurring and severity of the possible consequences, including results of tests carried out to this effect;

                  (b) When a technology or design is available on the market at the time of the AES application that eliminates or reduces that risk, it shall be used to the largest extent technically possible (i.e. with no unjustified modulation);

                  (c) Durability and the long-term protection of the engine or components of the emission control system from wear and malfunctioning shall not be considered an acceptable reason to accept an AES.

              3. An adequate technical description shall document why it is necessary to use an AES for the safe operation of the vehicle:

                  (a) Proof of an increased risk to the safe operation of the vehicle should be provided by the manufacturer along with a risk assessment which includes an evaluation of the likelihood of the risk occurring and severity of the possible consequences, including results of tests carried out to this effect;

                  (b) When a different technology or design is available on the market at the time of the AES application that would allow for lowering the safety risk, it shall be used to the largest extent technically possible (i.e. with no unjustified modulation).

              4. An adequate technical description shall document why it is necessary to use an AES during engine start or warm up:

                  (a) Proof of the need to use an AES during engine start shall be provided by the manufacturer along with a risk assessment which includes an evaluation of the likelihood of the risk occurring and severity of the possible consequences, including results of tests carried out to this effect;

                  (b) Where a different technology or design is available on the market at the time of the AES application that would allow for improved emission control upon engine start, it shall be used to the largest extent technically possible.

         Annex 11 Requirements to ensure the correct operation of NOx control measures
1.  Introduction
This annex sets out the requirements to ensure the correct operation of NOx control measures. It includes requirements for vehicles that rely on the use of a reagent in order to reduce emissions.
2.  General requirements
Any engine system falling within