Consultation outcome

Improving new vehicle safety and environmental compliance plus passenger vehicle digital radio equipment – summary of responses and outcome

Updated 7 August 2020

Introduction

The approval of new road vehicles and trailers is currently regulated under Regulation (EU) 2018/858. Most of the standards used are agreed internationally at United Nations (UN) level and the UK plays a full part in developing them. The standards are vital to ensure the safety and environmental performance of vehicles. The proposed legislation will create powers to monitor the ongoing compliance of vehicles on UK roads and enable prosecution of those that fail to comply with them.

The consultation sought views on:

• the suggested draft statutory instrument
• the potential burdens the proposals could make on businesses
• whether there were elements of EU Regulation 2018/858 that could be changed after the end of the transition period

The main issues under consideration in the consultation were the:

• remedies and appeals in case of disagreement with decisions of the Vehicle Certification Agency (VCA) and the Driver and Vehicle Standards Agency (DVSA)
• offences for contraventions of the type approval regime
• civil and criminal penalties for non-compliance
• enforcement powers
• compulsory fitment of digital radios for passenger vehicles, where radios are fitted

The scope of the consultation (and the responses detailed in this report) cover both Great Britain (GB) and Northern Ireland. The consultation ran for 4 weeks from 1 to 26 June 2020.

Responses

The Department for Transport (DfT) received 25 responses. The responses were from individuals, businesses and other organisations.

Table 1: Breakdown of respondents by type

Number of respondents	Type of organisation
2	Micro business (0–9 employees)
0	Small business (10–49 employees)
0	Medium business (50–249 employees)
8	Large company (250+ employees)
11	Representative organisation
0	Trade union
0	Interest group
0	Local government
0	Central government
4	Other: private individual; vehicle manufacturer; trade association; retired broadcasting regulation consultant

Table 2: Consultation questions

Question	Detail
1	Are you content with these proposals and the draft regulations (statutory instrument) at annex D?
2	Do you agree that the draft regulations would not impose a new burden on business, beyond that imposed by the underlying EU Regulation?
3	Are there any areas of the EU Regulation 2018/858 that you are not content with the UK implementing, or any changes that you would like to see following the end of the transition period?

Given that there was almost unanimous support for the proposals, with a small number of issues raised by 1 or more respondents under several headings, it seems most efficient to present the results by topic rather than by question, and include our responses to the points made.

Next steps

The Road Vehicle (Approval) Regulations 2020 will be laid in Parliament in due course.

We would like to point out that, although we are pressing ahead to make the legislation in line with our legal obligations to implement EU law and with industry’s expectations, we recognise that, due to the COVID-19 pandemic, interested parties may not have been able to give full consideration to the consultation.

There will be other opportunities in the near future for stakeholders to give us their views on the type approval regime going forward, as we will be migrating approvals to a new GB type approval scheme after the end of the transition period.

We are keen to continue discussions on some of the issues raised and will contact the relevant trade associations in due course.

EU transition period

The EU transition period ends on 31 December 2020. After this, EU law on vehicle type approval will no longer have direct effect in GB, although it will still apply in Northern Ireland.

Initially the GB type approval scheme will be based on the EU scheme because the EU (Withdrawal) Act 2018 converts EU Regulations on type approval into Retained GB legislation on 1 January 2021.

Manufacturers who are not already in possession of GB whole vehicle approvals will need to apply to VCA before 1 January 2021, providing details of their EU type approval, and they will be issued with what is being termed a ‘provisional’ GB type approval by VCA.

Northern Ireland (NI) will essentially continue to follow EU law, and manufacturers will need either an EU type approval from the EU-27 approval authority or an approval from VCA known as a UK(NI) approval, which must conform to all applicable EU standards in the same way as an EU approval.

More detailed guidance will be issued to trade associations and placed on the DfT and VCA websites in due course.

Responses in detail

Digital radio

14 responses expressed an opinion on the proposal on digital radio. All were in favour, although 3 requested an exemption for a sub-set of specialist vehicles.

One response expressed concern that only digital audio broadcasting (DAB) would be permitted, ruling out other methods of digital radio transmission such as DAB+, HD and digital radio mondiale (DRM).

We would like to clarify that these regulations do not impose any restrictions on transmission methods. The provisions relating to radio are technology-neutral and will simply require that installed radio receivers are capable of receiving (and reproducing) stations being broadcast in the UK via digital terrestrial means.

Two consultees requested extending this measure to new commercial vehicles (vans and lorries), in addition to passenger vehicles (cars and buses).

We believe that such a measure would be premature. Currently fitment of digital radio in commercial vehicles is around 65% so it would impose a burden on manufacturers of commercial vehicles. We anticipate the rate of fitment naturally increasing – especially now that it is compulsory for cars and buses – but will keep this under review.

Two responses expressed concern about digital radio fitment in service buses. We would point out that if a manufacturer chooses not to fit a new bus with a radio receiver, this measure still permits that possibility. It does not introduce a new obligation to fit a digital radio where previously no radio was fitted.

Two associations and 1 company requested that the digital radio requirement be waived for certain passenger vehicles, which are classed as M category, but are converted (prior to registration) from goods vehicles (N category). This is a small proportion of vehicles, mostly of a specialised nature, such as some minibuses, wheelchair-accessible vehicles and ambulances.

Normally the companies carrying out these conversions are small to medium-sized enterprises and we agree with the assertion that fitting digital radio would be burdensome for them as it is outside their usual skillset, which relates to building vehicle bodywork, and would increase their costs.

The major manufacturer who produces the chassis cab or van that the conversion is built upon is not required to fit digital radio, and it is difficult for a subsequent converter to retrofit, particularly if the radio is integrated into the dashboard as opposed to the traditional rectangular standard size DIN slot.

We cannot waive the rules while we remain subject to EU law during the transition period, but this is being considered for inclusion in future legislation, potentially to take effect on 1 January 2021 – see changes requested following the end of the transition period.

This association also mentioned that, due to COVID-19, there may be unexpected issues of non-compliance because of slow stock turnover due to plant closures and erratic (extremely low) vehicle demand.

At this time, we are unable to waive EU rules, so we would urge manufacturers to do their best to ensure vehicles with radio receivers that are not digital are placed on the market by 21 December 2020.

Enforcement of tyre requirements under the General Safety Regulation (GSR) – 30-month sell-off for certain tyres

Three associations expressed an opinion on this part of the proposal and all were in favour.

One response made a number of suggestions for enforcement activities to encourage compliance.

These suggestions will be discussed with our market surveillance unit, which is part of the DVSA. We believe we could adopt these suggestions, if they are good practice, without needing to amend the legislation.

Type approval framework

Ten responses related to our implementation of 2018/858. Most were supportive with a number of caveats to their support and 1 or 2 requests for minor waivers.

Repair and maintenance information

Two associations requested confirmation that provisions on making repair and maintenance information (RMI) available to third-party repairers would apply in UK, specifically Article 61 and Annex X of the draft regulations (PDF, 1.5MB).

They also:

• questioned the definition of on-board diagnostics (OBD) in the draft regulations
• requested us to be more explicit about RMI data having to be made available in a format that is processable electronically
• asked how security-related repair and maintenance information (SERMI) would be handled.

We can confirm that Regulation (EU) 2018/858 in its entirety, including Article 61 and Annex X, will have direct effect in UK law on 1 September 2020, so VCA are obliged to act in line with it when issuing type approvals and manufacturers are obliged to comply with it.

Following the end of the transition period on 1 January 2021, Regulation (EU) 2018/858 will become Retained GB legislation and will continue to apply in GB. (Under the Northern Ireland Protocol, the EU Regulation will continue to have direct effect in Northern Ireland, with some caveats, as NI is no longer part of the EU.)

We can confirm that the definition of OBD in Article 3(49) of Regulation (EU) 2018/858 will be applied in the UK, as it is in the EU. (A narrower definition is contained within schedules 1 and 2, covering national small series type approval (NSSTA) and individual vehicle approval (IVA) specifications, but its application is limited to those schedules.)

From 1 January 2021, we could consider clarifications of the requirement for RMI data to be made available in an electronically processable form, subject to stakeholders’ views. We are aware of differing views across Europe as to whether the obligation to supply data in an electronically processable format applies from 1 September 2020 to all new vehicles or just to new approvals.

Our intention whilst we remain subject to EU law would be to adhere to an interpretation that is both widely accepted in the EU and in line with the actual text.

SERMI refers to a process for permitting third parties to access security-related information. If the EU agree a Regulation and it applies prior to the end of the transition period, it will become part of Retained law in GB, possibly with some amendments to ensure it works in a GB context. If not, we will examine whether to introduce it into GB law in 2021, noting the comments received here that strongly support such introduction.

The 2 associations also asked how a non-compliance with RMI provisions would be handled. Those with information on suspected non-compliance could contact either (or both of) the approval authority responsible for issuing the approval or the UK’s market surveillance unit, which is part of the DVSA.

In addition, a repairer could also bring a legal case against a manufacturer, as the regulations make a non-compliance with RMI requirements a ‘tort’ in legal parlance – in other words, something that is wrong under civil law and liable to the award of damages if loss can be demonstrated.

UK representative for approval holders

One association opposed the new regulations on the grounds that, once we have left the EU approval scheme, UK courts would have no jurisdiction over type approval documentation held by companies established in the EU, rather than in the UK.

We can confirm that after exit, the current obligation for approval holders not legally established in the EU to have an EU representative will be amended into an obligation for approval holders not legally established in GB to have a GB representative.

Our expectation is that we will permit a grace period before this takes effect to enable manufacturers not based here to establish a representative.

Vehicles with height exceeding 4m

One association and two manufacturers expressed agreement with our proposals to continue the use of higher numerical limits for NSSTA approvals issued prior to 1 September 2020 (for vehicles over 4m).

The association suggested it was also important that the prohibition in the main whole vehicle type approval scheme on vehicles exceeding 4m was removed once we were no longer subject to EU law.

The government has never supported the 4m height limit in EU type approval, although we fully accept that some countries need to restrict the use of vehicles exceeding this height due to their roadside infrastructure (overhead tram or trolleybus wires).

Therefore, we propose to remove the 4m limit at the first opportunity – see changes requested following the end of the transition period.

Operators of vehicles over 4m height will need to familiarise themselves with any restrictions when they operate such vehicles overseas, as at present.

Requirements under NSSTA and IVA

Two associations advised of their concerns that we would allocate a CO₂ (carbon dioxide emissions) figure to a vehicle that was not representative – in particular, for unusually heavy or non-standard multi-stage build vehicles that the manufacturer’s calculation tool does not cater for.

We can clarify that, at present, there is no intention to allocate CO₂ figures for vehicles not supplied with one; the information will simply be collected where available, including from the base vehicle manufacturer’s online tool or using its worst case ‘vehicle high’ figure where appropriate.

If calculation becomes necessary in the future, we would consult on the methodology to be used. It is not our intention to restrict the range of conversions that are available, where they fulfil a necessary function.

A bus manufacturer requested clarification that driver’s suspension seats would remain optional (and not become compulsory) for buses with NSSTA approval. We can confirm that this remains the case: the technical requirements of the United Nations Economic Commission for Europe (UNECE) Regulation 107.02 (any supplement) remain the required requirement.

Two responses mentioned that prohibiting lamp components approved to EU directives would cause problems for smaller vehicle converters, which continue to use older lamp designs that they have used for some time.

This is a diminishing pool of lamps, as new approvals to EU directives can in principle no longer be obtained. We have therefore decided that although the regulations will cite the UNECE Regulations, EU directive approvals will be accepted as being equivalent, as they generally meet the same specifications, in terms of luminous intensity and so on.

A trade association and 1 manufacturer asked for the number of approved wheelchair positions to be identified on the IVA certificate. We will examine the feasibility of achieving this.

Two associations and 1 manufacturer had reservations about various aspects of regulation 13, which penalises manufacturers who fit defeat devices, and 1 association and 1 manufacturer suggested that the minimum period of notice (28 days) prior to the approval authority withdrawing an approval that was incorrectly issued was too short, bearing in mind the error may have been on the part of the approval authority.

We do not plan to amend the regulations now, but will review these provisions together with the relevant associations, with a view to amending them in future if necessary.

Other aspects of type approval

Support was received for the:

• enforcement and penalties aspects of the legislation
• temporary increase in NSSTA limits to assist with the EU exit transition (although with one additional request – see changes requested following the end of the transition period)
• elimination of waivers for certain specialist vehicles dating back to 2009

Changes requested following the end of the transition period

One association requested that we remove the current 4m height limit currently applying to vehicles presented for EU type approval, contained in Regulation (EU) 1230/2012, which will become retained GB legislation on 1 January 2021, and thus form part of the new GB whole vehicle type approval (unlimited volume) scheme.

We are supportive of this request, and intend taking the first opportunity to make such an amendment, possibly in legislation scheduled for laying in October that implements the NI protocol.

There was concern (see digital radio) that companies converting goods vehicle chassis into passenger vehicles such as wheelchair-accessible vehicles would find it costly to add digital radio equipment to commercial vehicle chassis that might not be equipped with it by the base vehicle manufacturer.

One association and 1 manufacturer requested that the NSSTA limit for M2 vehicles be temporarily increased to 1,000. Currently, a temporary increase from 250 to 500 is planned.

Both the changes proposed above are being considered for inclusion in the legislation scheduled for laying in October that implements the NI protocol.

Two associations proposed clarifying compulsory provision of access to RMI data in an electronically processable format, and that we implement SERMI.

One manufacturer requested that the requirement for a driver’s suspension seat in buses be waived for vehicles approved under the new main (GB) whole vehicle approval scheme. It is part of UNECE Regulation 107, which is currently compulsory.

We plan to consider these questions for potential inclusion in legislation at a later date, and discussions with stakeholders will continue.

One major trade association asked that our type approval technical standards remained closely aligned with the EU after exit. They also requested mutual acceptance of testing conducted by the other party’s approved test laboratories (‘Technical Services’).

It is certainly the case that our type approval standards will be identical to the EU’s immediately after exit. Future changes will be subject to further consultation.

The matter of Technical Services is being negotiated separately.

Other topics raised

One association mentioned the topic of end of series derogations, whereby certain vehicles produced before regulations change can continue to be sold afterwards for a limited period.

They supported the current ‘3-month rule’ applied in the UK for road vehicles but requested no additional discretionary limits (cap) on volumes of vehicle qualifying for end of series, due to difficulties arising from the COVID-19 situation such as plant closures and erratic and low vehicle demand. They also asked for consideration to be given to a more flexible system to be operated in the future.

Another association, and 1 manufacturer, requested that the current 3-month rule be waived and a more expansive approach taken.

We note these comments. There is separate work underway to assess these issues and we would encourage companies to approach their trade associations with their observations.

One association requested that we act to prohibit after-market modifications to vehicles that impair the functioning of emissions control devices, for example after-treatment (diesel emissions fluid) emulators.

It is already an offence under the Road Vehicles (Construction and Use) Regulations 1986 (Regulation 61A(3), statutory instrument 1986/1078, as amended) to use a vehicle which has been modified in such a way that it no longer complies with the air pollutant emissions standards it was designed to meet.

Finally, 1 member of the public mentioned noise emitted by road vehicles, including from motorcycles, although noise standards for motorcycles are not part of this consultation.

Recent changes to noise regulations for road vehicles have focused on better market surveillance, enforcement and anti-tampering measures. Manufacturers must now demonstrate compliance over a much wider range of driving conditions, known as additional sound emission provisions (ASEP), compared with the limited test conditions previously used. This is intended to prevent the situation where a vehicle could produce much more noise when driven in a way that does not occur during the current test. The ASEP are currently being revised to make further improvements.

Replacement motorcycle silencers that are to be used on the road must meet strict noise limits that are aligned with those of the original motorcycle. Amendments to the legislation, introduced in 2016, require all new replacement exhaust or silencing systems to be constructed in a way that does not easily permit removal of baffles without causing permanent or irrevocable damage to the silencer.

While devices that can test noise levels do exist, it is only possible to get accurate and repeatable test results for noise in a controlled environment. MOT stations have ambient and reflective noise, so are not appropriate for this, and roadside enforcement faces similar challenges.

Conclusion – government response

Alongside publication of this response, the DfT intends to proceed to make and lay a statutory instrument, the Road Vehicle (Approval) Regulations 2020.

One change has been made to the version consulted on: to extend the deadline for NSSTA Certificates of Conformity (CoC) being required to have 2 forms of security (to prevent forgery – for example, coloured graphics and watermark).

This deadline has been extended from 1 September 2020 to 1 January 2021, in recognition of the disruption caused by COVID-19. This applies to all NSSTA CoCs issued after that date. (It applies from 1 September 2020 for all EU CoCs.)

We are considering three issues for inclusion in domestic legislation later in 2020. These are:

1. removal of the 4m height limit in the main (GB) type approval scheme

2. exemption from the digital radio requirement for passenger vehicles that have been converted from commercial vehicles (by a third party independent of the manufacturer)

3. temporary increase in NSSTA limits to 1,000 for the calendar year 2021 for M2 category vehicles

Other issues raised will be considered for potential inclusion in future legislation.