Document ID: chunk:federal_register_of_legislation:F2023L00129:reg:10:p33
Version: federal_register_of_legislation:F2023L00129
Segment Type: reg
Provision Reference: reg 10 (pt 33/150)
Character Range: 806850–810004

demonstrated at least according to the procedure set out in Appendix 1 to this annex.

              6.5.2. National authorities and their delegates may pursue further tests to verify compliance with paragraph 6.2.3. of this annex.

              6.5.2.1. To demonstrate non-compliance with the requirements of paragraph 6.2.3. of this annex, based on the provision of paragraph 6.5.2. of this annex, the authorities must show for at least one of the requirements of paragraph 6.2.3. of this annex non-compliance with a statistical confidence level of 95 per cent, based on a sample of at least 30 vehicles.

              6.5.2.2. The manufacturer shall have the opportunity to establish compliance with the requirements of paragraph 6.2.3. of this annex, for which non-compliance was demonstrated according to paragraph 6.5.2.1. of this annex, by using a test based on a sample of at least 30 vehicles, with a better statistical confidence than the test mentioned in paragraph 6.5.2.1.

              6.5.2.3. For tests performed according to paragraphs 6.5.2.1. and 6.5.2.2. both authorities and manufacturers must disclose relevant details, such as those relating to the selection of the vehicles, to the other party.

              6.5.3. If non-compliance with the requirements of paragraph 6.2.3. of this annex is established according to paragraphs 6.5.1. or 6.5.2. of this annex, remedial measures in accordance with paragraph 9.3. of this Regulation shall be taken.

                   Annex 9A ‑ Appendix 1 Assessment of the in-use performance of the on-board diagnostic system
A.1.1. General
              A.1.1.1. This appendix sets out the procedure to be followed when demonstrating the OBD in-use performance with regard to the provisions set out in paragraph 6. of this annex.

A.1.2. Procedure for demonstrating OBD in-use performance
              A.1.2.1. The OBD in-use performance of an engine family shall be demonstrated by the manufacturer to the Type Approval Authority that granted the type approval for the vehicles or engines concerned. The demonstration shall require consideration of the OBD in-use performance of all OBD engine families within the engine family under consideration (Figure 1).

       Figure 1
       Two OBD engine families within one engine family

              A.1.2.1.1. The demonstration of OBD in-use performance shall be organised and conducted by the manufacturer, in close cooperation with the Type Approval Authority.

              A.1.2.1.2. The manufacturer may use in the demonstration of conformity relevant elements that were used to demonstrate the conformity of an OBD engine family within another engine family provided that this earlier demonstration took place no more than two years before the current demonstration (Figure 2).

              A.1.2.1.2.1. A manufacturer may not, however, then use these elements in demonstrating conformity of a third or subsequent, engine family unless each of these demonstrations takes place within two years of the first use of the elements in a demonstration of conformity.

           Figure 2
           Previously demonstrated conformity