Commission Delegated Regulation (EU) No 44/2014 of 21 November 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to the vehicle construction and general requirements for the approval of two- or three-wheel vehicles and quadricycles Text with EEA relevance

5.7.A manufacturer, including a final manufacturer, may charge fees in accordance with Article 59 of Regulation (EU) No 168/2013 only in respect of the particular stage(s) for which he is responsible.

5.8.A manufacturer, including a final manufacturer, shall not charge fees for providing information relating to the website address or contact details of any other manufacturer.

6. Small volume manufacturers

6.1.Manufacturers whose world-wide annual production of a type of vehicle, system, component or separate technical unit covered by this Regulation is less than 250 units shall provide access to repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory as compared with the provisions given or access granted to authorised dealers and repairers in accordance with Article 57(12) of Regulation (EU) No 168/2013.

6.2.Vehicles, systems, components and separate technical units covered by point 1 shall be listed on the manufacturer’s repair and maintenance information website.

6.3.The approval authority shall inform the Commission of all type-approvals granted to small-volume manufacturers.

7. Carry-over systems

7.1.Until 31 December 2020, with respect to the carry-over systems listed in Appendix 2, the manufacturer may derogate from the obligation to reprogram the electronic control units in accordance with the standards mentioned in that Appendix.

7.2.Such derogations shall be indicated on the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.

7.3.The systems for which a manufacturer derogates from the obligation to reprogram the electronic control units in accordance with the standards mentioned in point 3.8 of Appendix 1 to Annex XII shall be listed on its repair and maintenance information website.

7.4.For the servicing and reprogramming of the electronic control units in the carry-over systems that are the subject of such derogations, manufacturers shall ensure that the respective proprietary tool or equipment can be purchased or rented by independent operators.

8. Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information

8.1.An approval authority may, at any time, on their own initiative, or on the basis of a complaint or of an assessment by a technical service, check a manufacturer’s compliance with its obligations under Regulation (EU) No 168/2013, this Regulation and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

8.2.Where an approval authority finds that a manufacturer has failed to comply with its obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority which granted the relevant type-approval shall take appropriate measures to remedy the situation.

8.3.Such measures may include withdrawal or suspension of type-approval, fines or other measures adopted in accordance with Regulation (EU) No 168/2013.

8.4.If an independent operator or a trade association representing independent operators files a complaint to the approval authority, the authority shall carry out an audit to verify the manufacturer’s compliance with obligations concerning access to vehicle OBD and vehicle repair and maintenance information.

8.5.When carrying out the audit, the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether these obligations are met.

8.6.In order to receive EU type-approval of a propulsion performance family as a separate technical unit, of a vehicle with an approved engine system with regard to on-board diagnostic fault codes and vehicle repair and maintenance information, the manufacturer shall, demonstrate that the vehicles or engine systems are subject to the tests and comply with the requirements of Annex XII regarding functional OBD.

8.7.If the vehicle OBD and vehicle repair and maintenance information is not available when the application for type-approval is made, the manufacturer shall provide that information within six months of the date of type-approval.

8.8.Where the vehicle is placed on the market more than six months after type-approval, the information shall be provided on the date on which the vehicle is placed on the market.

8.9.The approval authority may presume on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, provided that no complaint was made and that the manufacturer provides the certificate within the periods referred to in point 9.7.

8.10.If the certificate of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance.

9. Information requirements for granting access to independent operators to non-secure areas

9.1.For access to any OBD and repair and maintenance information other than that relating to secure areas of the vehicle, registration requirements for use of the manufacturer’s website by an independent operator shall require only such information as is necessary to confirm how payment for the information is to be made.

10. Information requirements for granting access to independent operators to secure areas

10.1.For access to any OBD and repair and maintenance information concerning access to secure areas of the vehicle, the independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that it pursues a legitimate business activity and has not been convicted of relevant criminal activity.

10.2.Independent operators shall be given access to vehicle security features used by authorised dealers and repair shops under protection of security technology concerning the exchange of data to ensure confidentiality, integrity and protection against replay.

10.3.The Forum on Access to Vehicle Information provided for by Article 60 of Regulation (EU) No 168/2013 will specify state-of-the-art parameters for fulfilling these requirements.

10.4.For information concerning access to secure areas of the vehicle, the independent operator shall present a certificate in accordance with ISO 20828:2006 to identify itself and the organisation to which it belongs. The manufacturer shall respond with its own certificate in accordance with ISO 20828:2006 to confirm to the independent operator that it is accessing a legitimate site of the manufacturer in question. Both parties shall keep a log of any such transactions indicating the vehicles and changes made to them under this provision.

10.5.Access to vehicle security features used by authorised dealers and repair shops shall be made available to independent operators under protection of security technology in accordance with the requirement that the independent operator’s private key shall be protected by secure hardware.

Appendix 1

Access to vehicle OBD and vehicle repair and maintenance information

1. Introduction

1.1.This Appendix lays down technical requirements for the accessibility of vehicle OBD and vehicle repair and maintenance information.

2. Requirements

2.1.The manufacturer shall provide vehicle repair and maintenance information using only open text and graphic formats or formats which can be viewed and printed using only standard software plug-ins that are freely available, easy to install, in the same format as made available to authorised repairers and which run with computer operating systems commonly in use.

2.1.1.Vehicle OBD and vehicle repair and maintenance information available through websites shall follow the common standard referred to in paragraph 2 of Article 57 of Regulation (EU) No 168/2013

2.1.2.Where possible, keywords in the metadata shall conform to ISO 15031-2:2010. Such information shall be always available, except as required for website maintenance purposes.

2.1.3.Those requiring the right to duplicate or republish the information should negotiate directly with the manufacturer concerned. Information for training material shall also be available, but may be presented through media other than websites.

2.2.Information on all parts of the vehicle, with which the vehicle, as identified by the vehicle identification number (VIN) and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and which can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts numbers, may be made available in a database easily accessible to independent operators or be provided in the same accessible format as provided to the authorised repairer network.

2.3.This database or alternative accessible format shall comprise the VIN, Original Equipment (OE) parts numbers, OE naming of the parts, validity attributes (valid-from and valid-to dates), fitting attributes and, where applicable, structuring characteristics.

2.4.The information on the database or available in another accessible format shall be regularly updated. In particular, the updates shall include all modifications to individual vehicles after their production if this information is available to authorised dealers.

2.5.Reprogramming of control units for the purposes of, e.g. recalibration after a repair or loading software to a replacement PCU/ECU, shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or Local Area Network (LAN) interface and alternative media like Compact Disc (CD), Digital Versatile Disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) and hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer either a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 59 of Regulation (EU) No 168/2013 shall apply to fees for such validation or information and hardware

2.6.All on-board diagnostic trouble codes shall be consistent with the requirements set out in Annex XII.

2.7.In the event that vehicle OBD and vehicle repair and maintenance information available on a manufacturer’s website does not contain specific relevant information to permit the proper design and manufacture of alternative fuels retrofit systems, then any interested alternative fuels retrofit system manufacturer shall be able to access the information set out in Article 27(2)(a) by contacting the manufacturer directly with such a request. Contact details for that purpose shall be clearly indicated on the manufacturer’s website and the information shall be provided within 30 days. Such information need only be provided for alternative fuels retrofit systems that are subject to UNECE regulation 115 or for alternative fuels retrofit components that form part of systems subject to UNECE regulation 115, and need only be provided in response to a request that clearly specifies the exact specification of the vehicle model for which the information is required and that specifically confirms that the information is required for the development of alternative fuels retrofit systems or components subject to UNECE regulation 115.

2.8.Manufacturers’ repair information websites shall indicate type-approval numbers by model.

2.9.Manufacturers shall establish reasonable and proportionate fees for hourly, daily, monthly, annual and if applicable per-transaction access to their repair and maintenance information websites.

Appendix 2

List of carry-over systems

List of carry over systems No System name Details 1 Climate systems (a) Temperature control systems; (b) Engine-independent heater; (c) Engine-independent air-conditioning. 2 Fuel storage

ANNEX XVI

Requirements applying to stands

1. General requirements

1.1. ‘Type of vehicle with regard to stands’ means a category of vehicles which do not differ in such essential respects as vehicle mass, distribution of mass between axles, tyre sizes and wheel dimensions, and the design characteristics and construction material of the vehicle stand.

1.2. Vehicles of categories L1e and L3e shall be fitted with at least one stand. 1.2.1.Each stand fitted to the vehicle shall enable the vehicle to meet the performance requirements in points 2 to 2.5.2 without being held or supported by a person or any other external means. 1.2.2.Vehicles fitted with twinned wheels may not need to be fitted with a stand provided that the performance requirements in points 3 to 3.2.5 and 3.4 to 3.4.3.4 are met. 1.2.3.Prop stands fitted to vehicles of category L1e with a mass in running order of less than 35 kg are exempted from the requirements in points 2.3.3, to 2.3.4 and 2.5.2.

1.3. Vehicles of category L4e shall be fitted with at least one stand under the following conditions: 1.3.1.If the side-car can be detached from the motorcycle so that the motorcycle can be used without it, the motorcycle shall fulfil the requirements for solo motorcycles in points 1.2 to 1.2.2.

2. Specific requirements

2.1. A stand shall be either a prop stand or centre stand.

2.2. Where the stand swivels below or about the lower part of the vehicle, its free end shall swing to the rear of the vehicle to reach the not-in-use position.

2.3. 2.3.1.A prop stand shall be able to support the vehicle in such a way as to provide its lateral stability whether the vehicle is on a horizontal supporting surface or on a slope. It shall also prevent the stationary vehicle leaning more deeply or being moved too easily into an upright position to such an extent that it becomes unstable and can fall or tip over. 2.3.2.A prop stand shall be able to support the vehicle in such a way as to maintain full stability when the vehicle is parked on a slope. This requirement is checked in accordance with the procedures and performance requirements in points 3 to 3.2.5 and 3.4 to 3.4.3.4. 2.3.3.A prop stand shall be able to swing back automatically into the not-in-use position under the following conditions: 2.3.4.The requirements in point 2.3.3 are not applicable if the vehicle is designed in such a way that it cannot be propelled when the prop stand is in the in-use position. 2.3.5.A prop stand shall be so designed and constructed that it does not swing back automatically if the vehicle is being leaned down in order to bring the free end of the prop stand into contact with the ground surface. 2.3.5.1.However, by way of derogation from points 1.2.1. and 2.3.5. a prop stand fitted to a vehicle of category L3e-A1E, L3e-A2E, L3e-A3E, L3e-A1T, L3e-A2T or L3e-A3T may swing back automatically when the prop stand is not being held or supported by a person. 2.3.6.A prop stand shall be so designed and constructed that it does not swing back automatically if the angle of lean is altered unexpectedly or unintentionally (e.g. if the vehicle is pushed lightly by a third party or if the vehicle is subjected to a gust of wind arising from the passage of a large vehicle) under the following conditions: Compliance with this requirement shall be checked in accordance with the procedure in points 3.3, 3.3.1 and 3.3.2.

2.4. 2.4.1.A centre stand shall be able to support the vehicle, whether or not one or both wheels are in contact with the ground surface, so as to provide its lateral stability whether the vehicle is on a horizontal supporting surface or on a slope. 2.4.2.A centre stand shall be able to support the vehicle so as to maintain full stability when the vehicle is parked on a slope. This requirement is checked in accordance with the procedures and performance requirements in points 3 to 3.2.5 and 3.4 to 3.4.3.4. 2.4.3.A centre stand shall be able to swing back automatically into the not-in-use position when the vehicle is moved forward purposely so as to raise the centre stand from the ground surface. 2.4.4.The requirement in point 2.4.3 is not applicable if the vehicle is so designed that it cannot be propelled when the centre stand is in the in-use position.

2.5. 2.5.1.Stands shall be provided with a retention system which holds them in the not-in-use position. 2.5.2.A retention system shall consist of:

3. Test procedure

3.1.1. A testing platform shall be used for carrying out the tests and shall be so designed that it can assume a position simulating the longitudinal and transverse tilts.

3.1.2. The testing platform shall be flat, rectangular and of sufficient dimensions to fully support the vehicle in the parked position while simulating the longitudinal and transverse tilts. It shall not exhibit any perceptible flexing or deformation during the tests.

3.1.3. The surface of the testing platform shall be clean and dry and of sufficient roughness and friction to prevent the vehicle’s tyres from sliding on the surface during the tests.

3.2.1. The vehicle’s mass shall be adjusted to that of the manufacturer’s declared mass in running order, without the rider, plus the mass of any propulsion batteries.

3.2.2. The vehicle’s tyre pressures shall be adjusted to the manufacturer’s specified values.

3.2.3. The vehicle’s transmission shall be put in the ‘park’ position, if available, in the case of an automatic transmission, or the ‘neutral’ position in all other cases.

3.2.4. If the vehicle is fitted with a parking brake, this shall be engaged.

3.2.5. The vehicle’s steering system shall be put in the locked position. If there is more than one position in which the steering can be locked, the vehicle shall undergo the following tests with the steering system locked in each available position:

3.3.1. The vehicle is parked on the horizontal testing platform with the prop stand in the in-use position.

3.3.2. The vehicle shall be manipulated in such a way as to increase by 3.0° the angle between the displaced longitudinal median plane of the vehicle (i.e. as the vehicle is parked and leaning the longitudinal median plane is displaced and thus no longer vertical) and the horizontal surface by pushing and moving the vehicle into a more vertical position.

3.4.2. The testing platform shall be shifted or rotated to achieve the minimum prescribed inclination in relation to the transverse tilt towards the left and the right of the vehicle, and the longitudinal tilt to the front and the back of the vehicle. These four tilt orientations shall be carried out separately, always starting from a horizontal position. The vehicle shall remain stable when the testing platform is being brought into the inclined position or may be moved into position after the platform has been set in the inclined position.

ANNEX XVII

Performance standards and assessment of technical services

1. General requirements

1.1. Technical services shall demonstrate appropriate skills, specific technical knowledge and proven experience in the specific fields of competence covered by Chapter XVI of Regulation (EU) No 168/2013 and Appendices 1 and 2 to Annex V to Directive 2007/46/EC.

1.2. Standards with which technical services of the different categories set out in Article 63 of Regulation (EU) No 168/2013 shall comply 1.2.1.The different categories of technical services shall comply with the standards set out in Appendix 1 to Annex V to Directive 2007/46/EC 1.2.2.The reference to Article 41 of Directive 2007/46/EC in that Appendix shall be construed as a reference to Article 63 of Regulation (EU) No 168/2013. 1.2.3.The reference to Annex IV to Directive 2007/46/EC in that Appendix shall be construed as a reference to Annex II to Regulation (EU) No 168/2013.

1.3. 1.3.1.The technical services are assessed in accordance with the procedure set out in Appendix 2 to Annex V to Directive 2007/46/EC. 1.3.2.References to Article 42 of Directive 2007/46/EC in Appendix 1 to Annex V to Directive 2007/46/EC shall be construed as references to Article 66 of Regulation (EU) No 168/2013.

ANNEX XVIII

1. Requirements

1.1.‘Type of vehicle with regard to cybersecurity’ means a category of vehicles which do not differ in the following respects:

(a) the manufacturer’s designation of the vehicle type;

(b) essential aspects of the electric/electronic architecture and external interfaces with respect to cyber security.

1.2.Vehicles of categories L1e, L2e, L3e, L4e, L5e, L6e and L7e, except L1e vehicles designed to pedal referred to in Article 3, point (94)(b), of Regulation (EU) No 168/2013, shall meet all the relevant requirements of UN regulation No 155.

1.3.Points 1.1 and 1.2 shall apply as follows:

(a) to new vehicle types from 11 December 2027;

(b) to existing vehicle types from 11 June 2029.