Document ID: chunk:federal_register_of_legislation:F2008C00323:front:0:p31
Version: federal_register_of_legislation:F2008C00323
Segment Type: other
Provision Reference: 
Character Range: 87321–90272

the sample and be allowed to attend the confirmatory checks of the vehicles.

           8.2.7.3. The manufacturer is authorised, under the supervision of the type approval authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer himself (e.g. use of leaded petrol before the test date). Where the results of the checks confirm such causes, those test results are excluded from the conformity check.

            8.2.7.3.1. The test results shall also be excluded from the conformity check of vehicles within the sample:

              (i)        that been issued an approval certificate indicating compliance with the emission limits of category A in paragraph 5.3.1.4. of the 05 series of amendments to Regulation provided that those vehicles have been regularly operated on fuel having a sulphur level exceeding 150 mg/kg (petrol fuel) or 350 mg/kg (diesel fuel), or

               (ii)              that have been issued with an approval certificate indicating compliance with the emission limits of category B in paragraph 5.3.1.4. of the 05 series of amendments to Regulation provided that those vehicles have been regularly operated on petrol or diesel fuel having a sulphur level exceeding 50 mg/kg.

           8.2.7.4. Where the type approval authority is not satisfied with the results of the tests in accordance with the criteria defined in Appendix 4, the remedial measures referred to in Appendix 2 of the 1958 Agreement (E/ECE/324-E/ECE/TRANS/505/Rev.2) are extended to vehicles in service belonging to the same vehicle type which are likely to be affected with the same defects in accordance with paragraph 6. of Appendix 3.

           The plan of remedial measures presented by the manufacturer shall be approved by the type approval authority. The manufacturer is responsible for the execution of the remedial plan as approved.

           The type approval authority shall notify its decision to all Parties to the Agreement within 30 days. The Parties to the Agreement may require the same plan of remedial measures be applied to all vehicles of the same type registered in their territory.

           8.2.7.5. If a Party to the Agreement has established that a vehicle type does not conform to the applicable requirements of Appendix 3, it shall notify without delay the Party to the Agreement which granted the original type approval in accordance with the requirements of the Agreement.

           Then, subject to the provision of the Agreement, the competent authority of the Party to the Agreement which granted the original type approval shall inform the manufacturer that a vehicle type fails to satisfy the requirements of these provisions and that certain measures are expected of the manufacturer. The manufacturer shall submit to the