Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (Text with EEA relevance)

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes requirements:

(a) for the type-approval of vehicles, and of systems, components and separate technical units designed and constructed for vehicles, with regard to their general characteristics and safety, and to the protection and safety of vehicle occupants and vulnerable road users;

(b) for the type-approval of vehicles, in respect of tyre pressure monitoring systems, with regard to their safety, fuel efficiency and CO2 emissions; and

(c) for the type-approval of newly-manufactured tyres with regard to their safety and environmental performance.

Article 2

Scope

This Regulation applies to vehicles of categories M, N and O, as defined in Article 4 of Regulation (EU) 2018/858, and to systems, components and separate technical units designed and constructed for such vehicles.

Article 3

Definitions

For the purposes of this Regulation, the definitions laid down in Article 3 of Regulation (EU) 2018/858 apply.

In addition, the following definitions apply:

(1) ‘vulnerable road user’ means non-motorised road users, including, in particular, cyclists and pedestrians, as well as users of powered two-wheelers;

(2) ‘tyre pressure monitoring system’ means a system fitted on a vehicle which can evaluate the pressure of the tyres or the variation of pressure over time and transmit corresponding information to the user while the vehicle is running;

(3) ‘intelligent speed assistance’ means a system to aid the driver in maintaining the appropriate speed for the road environment by providing dedicated and appropriate feedback;

(4) ‘alcohol interlock installation facilitation’ means a standardised interface that facilitates the fitting of aftermarket alcohol interlock devices in motor vehicles;

(5) ‘driver drowsiness and attention warning’ means a system that assesses the driver’s alertness through vehicle systems analysis and warns the driver if needed;

(6) ‘advanced driver distraction warning’ means a system that helps the driver to continue to pay attention to the traffic situation and that warns the driver when he or she is distracted;

(7) ‘emergency stop signal’ means a light-signalling function to indicate to other road users to the rear of the vehicle that a high retardation force is being applied to the vehicle relative to the prevailing road conditions;

(8) ‘reversing detection’ means a system to make the driver aware of people and objects at the rear of the vehicle with the primary aim of avoiding collisions when reversing;

(9) ‘lane departure warning system’ means a system to warn the driver that the vehicle is drifting out of its travel lane;

(10) ‘advanced emergency braking system’ means a system which can automatically detect a potential collision and activate the vehicle braking system to decelerate the vehicle with the purpose of avoiding or mitigating a collision;

(11) ‘emergency lane-keeping system’ means a system that assists the driver in keeping a safe position of the vehicle with respect to the lane or road boundary, at least when a lane departure occurs or is about to occur and a collision might be imminent;

(12) ‘vehicle master control switch’ means the device by which the vehicle’s on-board electronics system is brought, from being switched off, as in the case where a vehicle is parked without the driver being present, to normal operation mode;

(13) ‘event data recorder’ means a system with the only purpose of recording and storing critical crash-related parameters and information shortly before, during and immediately after a collision;

(14) ‘frontal protection system’ means a separate structure or structures, such as a bull bar, or a supplementary bumper which, in addition to the original‐equipment bumper, is intended to protect the external surface of the vehicle from damage in the event of a collision with an object, with the exception of structures having a mass of less than 0,5 kg, intended to protect only the vehicle’s lights;

(15) ‘bumper’ means any front, lower, outer structures of a vehicle, including attachments thereto, which are intended to give protection to a vehicle when involved in a low speed frontal collision with another vehicle; it does not include however any frontal protection system;

(16) ‘hydrogen-powered vehicle’ means any motor vehicle that uses hydrogen as fuel to propel the vehicle;

(17) ‘hydrogen system’ means an assembly of hydrogen components and connecting parts fitted on a hydrogen-powered vehicle, excluding the hydrogen-powered propulsion system or the auxiliary power unit;

(18) ‘hydrogen-powered propulsion system’ means the energy converter used to propel the vehicle;

(19) ‘hydrogen component’ means hydrogen containers and all other parts of hydrogen‐powered vehicles that are in direct contact with hydrogen or which form part of a hydrogen system;

(20) ‘hydrogen container’ means the component within the hydrogen system that stores the primary volume of hydrogen fuel;

(21) ‘automated vehicle’ means a motor vehicle designed and constructed to move autonomously for certain periods of time without continuous driver supervision but in respect of which driver intervention is still expected or required;

(22) ‘fully automated vehicle’ means a motor vehicle that has been designed and constructed to move autonomously without any driver supervision;

(23) ‘driver availability monitoring system’ means a system to assess whether the driver is in a position to take over the driving function from an automated vehicle in particular situations, where appropriate;

(24) ‘vehicle platooning’ means the linking of two or more vehicles in a convoy using connectivity technology and automated driving support systems which allow the vehicles to maintain automatically a set, close distance between each other when connected for certain parts of a journey and to adapt to changes in the movement of the lead vehicle with little to no action from the drivers;

(25) ‘maximum mass’ means the technically permissible maximum laden mass stated by the manufacturer;

(26) ‘A-pillar’ means the foremost and outermost roof support extending from the chassis to the roof of the vehicle.

CHAPTER II

OBLIGATIONS OF MANUFACTURERS

Article 4

General obligations and technical requirements

Manufacturers shall also ensure that vehicles, systems, components and separate technical units comply with the applicable requirements listed in Annex II with effect from the dates specified in that Annex, with the detailed technical requirements and test procedures laid down in the delegated acts and with the uniform procedures and technical specifications laid down in the implementing acts adopted pursuant to this Regulation, including the requirements relating to:

(a) restraint systems, crash testing, fuel system integrity and high voltage electrical safety;

(b) vulnerable road users, vision and visibility;

(c) vehicle chassis, braking, tyres and steering;

(d) on-board instruments, electrical system, vehicle lighting and protection against unauthorised use including cyberattacks;

(e) driver and system behaviour; and

(f) general vehicle construction and features.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2). They shall be published at least 15 months before the applicable dates specified in Annex II.

Article 5

Specific provisions relating to tyre pressure monitoring systems and tyres

The Commission shall by means of implementing acts adopt provisions concerning uniform procedures and technical specifications for:

(a) the type-approval of vehicles with regard to their tyre pressure monitoring systems;

(b) the type-approval of tyres, including technical specifications concerning their installation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2). They shall be published at least 15 months before the applicable dates specified in Annex II.

Article 6

Advanced vehicle systems for all motor vehicle categories

Motor vehicles shall be equipped with the following advanced vehicle systems:

(a) intelligent speed assistance;

(b) alcohol interlock installation facilitation;

(c) driver drowsiness and attention warning;

(d) advanced driver distraction warning;

(e) emergency stop signal;

(f) reversing detection; and

(g) event data recorder.

Intelligent speed assistance shall meet the following minimum requirements:

(a) it shall be possible for the driver to be made aware through the accelerator control, or through dedicated, appropriate and effective feedback, that the applicable speed limit is exceeded;

(b) it shall be possible to switch off the system; information about the speed limit may still be provided, and intelligent speed assistance shall be in normal operation mode upon each activation of the vehicle master control switch;

(c) the dedicated and appropriate feedback shall be based on speed limit information obtained through the observation of road signs and signals, based on infrastructure signals or electronic map data, or both, made available in-vehicle;

(d) it shall not affect the possibility, for the drivers, of exceeding the system’s prompted vehicle speed;

(e) its performance targets shall be set in order to avoid or minimise the error rate under real driving conditions.

Event data recorders shall meet the following requirements in particular:

(a) the data that they are capable of recording and storing with respect of the period shortly before, during and immediately after a collision shall include the vehicle’s speed, braking, position and tilt of the vehicle on the road, the state and rate of activation of all its safety systems, 112-based eCall in-vehicle system, brake activation and relevant input parameters of the on-board active safety and accident avoidance systems, with high level of accuracy and ensured survivability of data;

(b) they cannot be deactivated;

(c) the way in which they are capable of recording and storing data shall be such that: (i) they operate on a closed-loop system; (ii) the data that they collect is anonymised and protected against manipulation and misuse; and (iii) the data that they collect enables precise vehicle type, variant and version, and in particular the active safety and accident avoidance systems fitted to the vehicle, to be identified; and

(d) the data that they are capable of recording can be made available to national authorities, on the basis of Union or national law, only for the purpose of accident research and analysis, including for the purposes of type approval of systems and components and in compliance with Regulation (EU) 2016/679, over a standardised interface.

The Commission shall adopt delegated acts in accordance with Article 12 supplementing this Regulation by laying down detailed rules concerning the specific test procedures and technical requirements for:

(a) the type-approval of vehicles with regard to the advanced vehicle systems listed in paragraph 1;

(b) the type-approval of the advanced vehicle systems listed in points (a), (f) and (g) of paragraph 1 as separate technical units.

Those delegated acts shall be published at least 15 months before the applicable dates specified in Annex II.

Article 7

Specific requirements relating to passenger cars and light commercial vehicles

Vehicles of categories M1 and N1 shall be equipped with advanced emergency braking systems designed and fitted in two phases and providing for:

(a) the detection of obstacles and moving vehicles ahead of the motor vehicle in the first phase;

(b) extending the detection capability referred to in point (a) to also include pedestrians and cyclists ahead of the motor vehicle in the second phase.

Advanced emergency braking systems and emergency lane-keeping systems shall meet the following requirements in particular:

(a) it shall only be possible to switch off such systems one at a time by a sequence of actions to be carried out by the driver;

(b) the systems shall be in normal operation mode upon each activation of the vehicle master control switch;

(c) it shall be possible to easily suppress audible warnings, but such action shall not at the same time suppress system functions other than audible warnings;

(d) it shall be possible for the driver to override such systems.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2). They shall be published at least 15 months before the applicable dates specified in Annex II.

Article 8

Frontal protection systems for passenger cars and light commercial vehicles

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2). They shall be published at least 15 months before the applicable dates specified in Annex II.

Article 9

Specific requirements relating to buses and trucks

With respect of systems referred to in paragraphs 2 and 3, they shall meet the following requirements in particular:

(a) it shall only be possible to switch off such systems one at a time by a sequence of actions to be carried out by the driver;

(b) the systems shall be in normal operation mode upon each activation of the vehicle master control switch;

(c) it shall be possible to easily suppress audible warnings, but such action shall not at the same time suppress system functions other than audible warnings;

(d) it shall be possible for the driver to override such systems.

The Commission shall by means of implementing acts adopt provisions concerning uniform procedures and technical specifications for:

(a) the type-approval of vehicles with regard to the requirements laid down in paragraphs 2 to 5 of this Article;

(b) the type-approval of the systems referred to in paragraph 3 of this Article as separate technical units.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2).

Where those implementing acts concern the requirements laid down in paragraphs 2, 3 and 4 of this Article, they shall be published at least 15 months before the applicable dates specified in Annex II.

Where those implementing acts concern the requirements laid down in paragraph 5 of this Article, they shall be published at least 36 months before the applicable dates specified in Annex II.

Article 10

Specific requirements relating to hydrogen-powered vehicles

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2). They shall be published at least 15 months before the applicable dates specified in Annex II.

Article 11

Specific requirements relating to automated vehicles and fully automated vehicles

In addition to the other requirements of this Regulation and of the delegated acts and implementing acts adopted pursuant to it that are applicable to vehicles of the respective categories, automated vehicles and fully automated vehicles shall comply with the technical specifications set out in the implementing acts referred to in paragraph 2 that relate to:

(a) systems to replace the driver’s control of the vehicle, including signalling, steering, accelerating and braking;

(b) systems to provide the vehicle with real-time information on the state of the vehicle and the surrounding area;

(c) driver availability monitoring systems;

(d) event data recorders for automated vehicles;

(e) harmonised format for the exchange of data for instance for multi‐brand vehicle platooning;

(f) systems to provide safety information to other road users.

However, those technical specifications relating to driver availability monitoring systems, referred to in point (c) of the first subparagraph, shall not apply to fully automated vehicles.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13(2).

CHAPTER III

FINAL PROVISIONS

Article 12

Exercise of the delegation

Article 13

Committee procedure

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 14

Review and reporting

In particular, the Commission shall evaluate the reliability and efficiency of new intelligent speed assistance systems and the accuracy and error rate of such systems under real driving conditions. Where appropriate, the Commission shall present a legislative proposal.

Article 15

Transitional provisions

Article 16

Implementation dates

With respect to vehicles, systems, components and separate technical units, national authorities shall:

(a) with effect from the dates specified in Annex II, with respect to a particular requirement listed in that Annex, refuse, on grounds relating to that requirement, to grant EU type‐approval or national type-approval to any new type of vehicle, system, component or separate technical unit that does not comply with the requirements of this Regulation and of the delegated acts and implementing acts adopted pursuant to it;

(b) with effect from the dates specified in Annex II, with respect to a particular requirement listed in that Annex, consider, on grounds relating to that requirement, certificates of conformity in respect to new vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and prohibit the registration of such vehicles, if those vehicles do not comply with the requirements of this Regulation and of the delegated acts and implementing acts adopted pursuant to it;

(c) with effect from the dates specified in Annex II, with respect to a particular requirement listed in that Annex, prohibit, on grounds relating to that requirement, the placing on the market or entry into service of components and separate technical units, where they do not comply with the requirements of this Regulation and of the delegated acts and implementing acts adopted pursuant to it.

Article 17

Amendments to Regulation (EU) 2018/858

Annex II to Regulation (EU) 2018/858 is amended in accordance with Annex III to this Regulation.

Article 18

Repeal

Article 19

Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 6 July 2022.

However, Article 4(3), (6) and (7), Article 5(4), Article 6(6), Article 7(6), Article 8(3), Article 9(7), Article 10(3), Article 11(2) and Articles 12 and 13 shall apply from 5 January 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I