Document ID: chunk:federal_register_of_legislation:F2023C00229:reg:110:p26
Version: federal_register_of_legislation:F2023C00229
Segment Type: reg
Provision Reference: reg 110 (pt 26/59)
Character Range: 677225–680259

Directive 70/156/EEC, the competent authority of the Member State which granted the origi- nal type-approval shall inform the manufacturer that an engine type fails to satisfy the requirements of these provisions and that certain mea- sures are expected of the manufacturer. The manufacturer shall submit to the authority, within two months after this notification, a plan of measures to overcome the defects, the substance of which should correspond with the requirements of section 7. The competent authority which granted the original type-approval shall, within two months, consult the manufacturer in order to secure agreement on a plan of measures and on carrying out the plan. If the competent authority which granted the original type-approval establishes that no agreement can be reached, the procedure pursuant to Article 11(3) and (4) of Directive 70/156/EEC shall be initiated.

         7.        PLAN OF REMEDIAL MEASURES

             7.1. The plan of remedial measures, requested according to section 6.1, must be filed with the type-approval authority not later than 60 working days from the date of the notification referred to in section 6.1. The type-approval authority must within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate to the satisfaction of the competent type- approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension is granted.

             7.2. The remedial measures must apply to all engines likely to be affected by the same defect. The need to amend the type-approval documents must be assessed.

             7.3. The manufacturer must provide a copy of all communications related to the plan of remedial measures, must also maintain a record of the recall campaign, and supply regular status reports to the type-approval authority.

             7.4. The plan of remedial measures must include the requirements specified in 7.4.1 to 7.4.11. The manufacturer must assign a unique identifying name or number to the plan of remedial measures.

             7.4.1. A description of each engine type included in the plan of remedial measures.

             7.4.2. A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to bring the engines into conformity including a brief summary of the data and technical studies which support the manufacturer's decision as to the particular measures to be taken to correct the non-conformity.

             7.4.3. A description of the method by which the manufacturer informs the engine or vehicle owners about the remedial measures.

             7.4.4. A description of the proper maintenance or use, if any, which the manufacturer stipulates as a conditions of eligibility for repair under the plan of remedial measures, and an explanation of the manufacturer's reasons for imposing any such condition. No maintenance