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Proposal for Guidelines on Scope and Administrative Provisions in Regulations Annexed to the 1958 Agreement

This proposal aims to provide guidance to WP.29/GRs on the drafting of scopes and administrative provisions in line with the core principles of the 1958 Agreement. It emphasizes the acceptance of UNECE approvals as an alternative and the mutual recognition of these approvals across Contracting Parties. It also suggests introducing new equipment as separate Regulations rather than add-ons to existing ones.

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Proposal for Guidelines on Scope and Administrative Provisions in Regulations Annexed to the 1958 Agreement

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  1. Proposal for guidelines on the scope, administrative provisions and alternative requirements in Regulations annexed to the 1958 Agreement Informal document No. WP.29-152-19, agenda item 4.13 Presentation at the WP.29 – 152nd session9-12 November 2010, Geneva By Antony Lagrange, UNECE Transport Division, Vehicle Regulations and Transport Innovations UNECE Transport Division

  2. Background for the proposal • Main principles of the 1958 Agreement :Article 3 • (a) Mutual recognition: Type approvals issued according to a UNECE Regulation shall be accepted by all the Contracting Parties to the Regulation. • UNECE Regulations as an alternative to national legislation. The only obligation is to accept ECE type approvals as equivalent to national or regional type approvals. • With the time these principles have not been always respected • Recurrent requests for guidance in the GRs on the drafting of scope and administrative provisions UNECE Transport Division

  3. Example of unclear wording (1) • Regulation No. 66: • “1. SCOPE • 1.1. This Regulation applies to single-deck rigid or articulated vehicles belonging to categories M2 or M3, Classes II or III or class B having more than 16 passengers. • 1.2. At the request of the manufacturer, this Regulation may also apply to any other M2 or M3 vehicle that is not included in paragraph 1.1.” • What is the scope of the Regulation?? • Which approvals shall be recognized?? • All M2 and M3 according to OLA and WP.29 UNECE Transport Division

  4. Example of unclear wording (2) • Regulation No. 13-H (ESC/BAS): • 12.4. As from the… date of entry into force of Supplement 9 .., Contracting Parties … shall not refuse to grant approval … to a vehicle complying with the requirements as amended bySupplement 9 to the original version of this Regulation. • 12.3. As from 1 November 2013, Contracting Parties applying this Regulation may refuse first national registration of a vehicle which does not meet the requirements of this Regulation as amended by Supplement 9 and is not fitted with an Electronic Stability Control System and a Brake Assist System, both meeting the requirements of Annex 9 to this Regulation. • The same Contracting Party shall issue UNECE approvals which may be refused for registration in its territory. Where is the mutual recognition principle?? UNECE Transport Division

  5. Proposal • Goal: Give guidance to WP.29/GRson the drafting of scopes and administrative provisions respecting the core principles of the Agreement • Principles: • All UNECE approvals shall be (at least) accepted as an alternative • Administrative provisions shall focus on themutual recognition of UNECE approvals. The mandatory application of a UNECE Regulation nationally/regionally may not be dealt within this Regulation but within national/regional legislation. • New equipment (i.e. TPMS, BAS, ESC, etc) should be introduced as new Regulations and not as an add-on to an existing Regulation. This principle will avoid options in the Regulations and give flexibility to CP. • Changes to the current guidelines (TRANS/WP.29/1044) : New paragraphs 3 to 14 on the principles of the Agreement, the scope, the administrative provisions and alternative requirements in UNECE Regulations. The section on transitional provisions remains mostly unchanged. UNECE Transport Division

  6. Example of solution focusing on the mutual recognition principle Regulation No. 66: “1. SCOPE 1.1. This Regulation applies categories M2 or M3” OR 1. SCOPE “1.1. This Regulation applies to single-deck rigid or articulated vehicles belonging to categories M2 or M3, Classes II or III or class B having more than 16 passengers.”  In both cases all the type approvals given to vehicles in the scope shall be recognized by all Contracting Parties applying the Regulation UNECE Transport Division

  7. Example of solution focusing on the mutual recognition principle Regulation No. 13-H (ESC/BAS): -Make ESC/BAS requirements mandatory for a braking approval (as in Regulation No. 13 for ESC) -Move ESC and/or BAS requirements into (a) new Regulation(s) UNECE Transport Division

  8. Thank you for your attention Antony Lagrange UNECE/Transport division/Vehicle regulations antony.lagrange@unece.org UNECE Transport Division

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