Document ID: chunk:federal_register_of_legislation:F2023C00229:reg:110:p37
Version: federal_register_of_legislation:F2023C00229
Segment Type: reg
Provision Reference: reg 110 (pt 37/59)
Character Range: 707669–710756

such that the specific requirements of this Annex are not fully met.

             4.3.2. In considering the request, the authority shall determine whether compliance with the requirements of this Annex is feasible or unreasonable.

              The authority shall take into consideration data from the manufacturer that details such factors as, but not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of engines designs and programmed upgrades of computers, the extend to which the resultant OBD system will be effective in complying with the requirements of this directive and that the manufacturer has demonstrated an accept- able level of effort toward the requirements of the Directive.

             4.3.3. The authority will not accept any deficiency request that includes the complete lack of a required diagnostic monitor.

             4.3.4. The authority shall not accept any deficiency request that does not respect the OBD threshold limits given in the table in Article 4(3) of this Directive.

             4.3.5. In determining the identified order of deficiencies, deficiencies relating to OBD Stage 1 in respect of sections 3.2.2.1, 3.2.2.2, 3.2.2.3, 3.2.2.4 and 3.4.1.1 and OBD Stage 2 in respect of sections 3.3.2.1, 3.3.2.2, 3.3.2.3, 3.3.2.4 and 3.4.1.1 of this Annex shall be identified first.

             4.3.6. Prior to or at the time of type-approval, no deficiency shall be granted in respect of the requirements of section 3.2.3 and section 6, except sub- section 6.8.5 of this Annex.

             4.3.7. Deficiency period

             4.3.7.1. A deficiency may be carried-over for a period of two years after the date of type-approval of the engine type or vehicle in respect of its engine type, unless it can be adequately demonstrated that substantial engine modifications and additional lead-time beyond two years would be nec- essary to correct the deficiency. In such a case, the deficiency may be carried-out for a period not exceeding three years.

             4.3.7.2. A manufacturer may request that the original type-approval authority grant a deficiency retrospectively when such a deficiency is discovered after the original type-approval. In this case, the deficiency may be carried-over for a period of two years after the date of notification to the type- approval authority unless it can be adequately demonstrated that substantial engine modifications and additional lead-time beyond two years would be necessary to correct the deficiency. In such a case, the deficiency may be carried-out for a period not exceeding three years.

             4.3.7.3. The authority shall notify its decision in granting a deficiency request to all authorities in other Member States according 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