Consultation outcome

Improving road vehicle standards enforcement

Updated 7 August 2020

Executive summary

The government is responsible for setting safety and environmental standards, for new vehicles, and ensuring they are of a high standard. The process of testing a vehicle to these standards is known as type approval.

The Dieselgate scandal and increasing public concern around air quality and carbon emissions has highlighted that the type approval regime is susceptible to circumvention and needs to be modernised to ensure it continues to function as intended.

The issues around inadequate emissions test cycles have been addressed, by the introduction of improved test procedures, including the requirement to test in “real world” conditions rather than solely in a laboratory, known as real driving emissions (RDE), which has led to significant reductions in pollutant emissions from new cars.

Concurrently with these developments, the UK and other European countries were working together on a new regulatory framework to improve wider aspects of the functioning of the type approval system, such as market surveillance and enforcement, giving authorities enhanced powers of scrutiny over manufacturers and test agencies. A number of important measures were adopted as Regulation (EU) 2018/858, which we propose to bring into effect in the UK.

This consultation is about introducing those measures in the UK, which will provide the Vehicle Certification Agency with enhanced powers of scrutiny over manufacturers. We already have a ‘Market surveillance unit’ (MSU), based in our Driver and Vehicle Standards Agency (DVSA), which was established in 2016; and these proposals will also enhance their powers by enabling them to issue civil penalties for non-compliance with type approval regulations.

This consultation also contains a proposal that where new passenger vehicles (cars and buses) are fitted with a radio, that radio must be capable of receiving digital radio stations, in line with the European Electronic Communications Code. This is not part of the type approval system but simply applies to all new passenger vehicles placed on the market after 21 December 2020.

The (currently draft) regulations are required to ensure the UK fulfils its obligations under the EU Withdrawal Agreement to transpose EU law into domestic statute until the end of the Transition Period. This obligation will expire at the end of the Transition Period, on 31 December 2020.

How to respond

The consultation period began on 1 June 2020 and will run until 26 June 2020. Ensure that your response reaches us before the closing date.

When responding, state whether you are responding as an individual or representing the views of an organisation. ​ If responding on behalf of a larger organisation:

1. make it clear who the organisation represents
2. how the views of members were assembled

To respond you can either:

• download the response form and email us

​ or

• send responses directly to ivs.enquiries@dft.gov.uk

If you need alternative formats (Braille, audio CD) you should email us at ivs.consult@dft.gov.uk.

A list of those consulted is attached at annex C. If you have suggestions of others who may wish to be involved in this process then contact us.

Data protection

The Department for Transport (DfT) is carrying out this consultation to decide whether to introduce measures in the UK, which will provide the Vehicle Certification Agency and Driver and Vehicle Standards Agency with enhanced powers by enabling them to issue civil penalties for non-compliance with type approval regulations.

We are asking for your views on:

• the suggested draft statutory proposals
• the potential burdens the statutory proposals could make to businesses
• if you think there are areas that would be against implementing EU Regulation 2018/858

If you are responding for an organisation we also ask that you:

• make it clear who the organisation represents
• how the views of members were assembled

​​This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contains any information, including the email address itself, that allows you to be identified, DfT will, under data protection law, be the controller for this information. You do not have to give us this personal information but if you do we will only use it only for the purpose of asking follow-up questions.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer.

Your information will be kept securely and destroyed within 12 months after the consultation has been completed.

Background

For many years, the safety and environmental performance of road vehicles has been improving due to government standards, generally agreed at an international level to enable manufacturers to focus their efforts. The process of testing a vehicle to these standards prior to its introduction in the market is known as type approval.

The last major update to the approval scheme was in 2007 which included the introduction of compulsory approval for buses, goods vehicles and trailers in the 2009 to 2014 period. However the Dieselgate scandal and increasing public concern around air quality and carbon emissions has highlighted that the type approval regime, is susceptible to circumvention and needs to be modernised to ensure it continues to function as intended.

The issues around inadequate emissions test cycles for cars and light goods vehicles have now been addressed, with the introduction of a more realistic laboratory test cycle, the ‘Worldwide harmonised light vehicle test procedure’ (WLTP); and in addition, a requirement to test the vehicle in “real world” conditions rather than in a laboratory, under the Real Driving Emissions (RDE) regime: virtually all new cars are now tested under RDE and a further tightening of requirements will take effect for new cars in January 2021.

Concurrently with these developments, the UK and other European countries were working together on a new regulatory framework to improve wider aspects of the functioning of the type approval system, such as market surveillance and enforcement, giving authorities enhanced powers of scrutiny over manufacturers and test agencies. A number of important measures were introduced by ‘Regulation (EU) 2018/858, which is largely applicable in the UK without further action. We propose legislation to bring the remaining measures into effect in the UK.

In the UK, the government agency responsible for type approval is the VCA. They test pre-production examples of new vehicles and parts against prescribed standards and where the tests are passed and the manufacturer provides satisfactory evidence that production will be controlled to a high standard, they grant type approval. Modifications made to the vehicle or part by the manufacturer must be notified to the VCA who will conduct further testing as appropriate to ensure continued compliance.

The DVSA is responsible for the ongoing roadworthiness of vehicles once they have been registered or entered service. In 2016, a Market Surveillance Unit was created, alongside the existing unit responsible for recalls of vehicles and parts. The objective of this unit is to test samples of vehicles and parts available in the market, to ensure manufacturers are continuing to produce compliant products. In some cases, this testing is of randomly selected vehicles, in others it is based on intelligence received. The emphasis to date has been on emissions testing, but other subjects are examined too. The results of testing to date are available.

The new regulation on type approval

Regulation (EU) 2018/858 replaces the current framework ‘Directive, 2007/46/EC’, with effect from 1 September 2020, although approvals to it will be available from 5 July 2020. It governs the EU framework for type approval of road vehicles. There are 2 separate but similar frameworks for agricultural vehicles (principally farm tractors and their trailers) and for motorcycles (which includes 3-wheeled and lightweight low power 4-wheeled vehicles, as well as 2-wheeled motor vehicles).

The regulation does not change the technical standards that vehicles are obliged to be approved to, these are set out in separate legislation, including regulations covering emissions from light and heavy-duty vehicles, sound level (noise emitted by the vehicle), emergency call (eCall), recyclability obligations and the ‘General safety regulation’ which governs a wide range of safety requirements, including vehicle braking, steering and lighting.

The new regulation introduces several measures already introduced in the other 2 frameworks, such as further obligations on market surveillance, more robust safeguarding clauses to ensure non-compliant product is removed from the market, and clarification of the responsibilities of importers and distributors.

In addition, it goes further in the following ways:

• duties on our approval authority are laid out more precisely
• minimum requirements for market surveillance by government agencies, in terms of the number of tests carried out, and at least 20% of the tests must be of emissions
• requirement to review the functioning of their approval and market surveillance authorities at regular intervals
• information about unsafe or non-compliant products must be communicated to the public, where relevant
• approvals must be reviewed after 7 or 10 years, depending on vehicle category, to ensure that they have been updated where required, to meet current rules
• the authorisation process for the government agencies and private companies that carry out testing (‘Technical services’) is made more stringent
• ‘Technical services’ will have increased powers and obligations, for example to carry out testing at various randomly selected points within the range of potential test conditions
• measures to improve detection of emission defeat devices, such as to examine software code and algorithms, and obtain explanations from manufacturers and their suppliers
• more specific language around the prohibition of defeat devices or strategies in any aspect of vehicle operation, not limited to emissions-related devices
• manufacturers will be required to make essential technical data available that will enable third party testing organisations to replicate type approval testing
• availability of vehicle data from an online portal, from 2025, to enable vehicle registration

Digital radio obligation on passenger vehicles

Digital radio (sometimes known as DAB: digital audio broadcasting) is now very widely fitted to new cars, but there is still a small proportion of new cars where analogue radio is standard fit. In order to ensure that all consumers purchasing a new car can enjoy the many advantages of digital radio, article 113 of EU Directive 2018/1972 (PDF, 2.8MB) (the European Electronic Communications Code (EECC)) requires that all passenger vehicles with integrated radios first placed on the market after 21 December 2020 must be fitted with radios which are capable of receiving digital radio stations.

This obligation will apply to new vehicles of category M, which includes passenger cars (category M1), minibuses, buses and coaches (all M2 or M3): vehicles which are primarily for transport of passengers, as opposed to goods. This includes ‘Special purpose vehicles’ of category M such as motor caravans, wheelchair accessible vehicles and ambulances.

The obligation will not apply to used (second-hand) vehicles that are imported to the UK after 21 December 2020. It will also not apply to vehicles supplied without a car radio.

Vehicles which were “placed on the market” (available for purchase) before 21 December will not be included in this obligation, regardless of whether they are registered after that date. It is suggested that in this case the manufacturer retains evidence that the vehicle was fully built and available for purchase before this date.

New domestic regulations

Domestic implementing regulations (a statutory instrument) have been drafted and are at annex D as the ‘Road vehicles (approval) regulations 2020’. These will apply throughout the United Kingdom, including Northern Ireland, and the existing ‘Road vehicles (approval) regulations 2009’ will be revoked - although approvals granted under those regulations will remain valid.

The main issues covered in the domestic regulations are therefore as follows:

• the processes in cases where applicants disagree with the decisions of the VCA or DVSA, for example a requirement for VCA to provide 28 days’ notice prior to withdrawing an approval in order that reasoned objections may be made by the affected manufacturer
• detailed enforcement duties and powers (for example, powers of entry); including a widening of the use of civil penalties, for all offences rather than just defeat device offences
• the penalties applicable in cases of contravention of the regulations: for offences pursued as civil offences the maximum penalty is £50,000 per offence, and for serious offences criminal sanctions are available including an unlimited fine
• amendments to other domestic regulations and the ‘Road traffic act’ to ensure references to Directive 2007/46/EC are correctly updated and redundant regulations are removed: more information at annex A

The current domestic type approval (National small series type approval (NSSTA)) and individual vehicle approval (IVA) regimes for road vehicles produced or imported in low volumes are remaining virtually unchanged.

More detailed information on the changes compared to the previous 2009 regulations is at annex A.

What happens after the transition period?

The regulations are required to ensure the UK fulfils its obligations under the EU withdrawal agreement to transpose EU law into domestic statute until the end of the transition period. This obligation will expire at the end of the transition period, on 31 December 2020.

At this point, regulation (EU) 2018/858 will become “Retained law” in Great Britain, which means that it is treated as British law. The application of Regulation (EU) 2018/858 is subject to the Northern Ireland Protocol, Article 5(4) and is referenced in annex 2 of the protocol.

To assist with the transition, VCA have already collected the details of current holders of vehicle type approvals issued by EU member states (EU-27), and will issue Provisional GB vehicle type approvals , which will be valid for 2 years, assuming the underlying approval remains valid.

For GB, the standards and deadlines that already exist in EU legislation which applies on or before 31/12/2020 will continue to apply. (This includes deadlines during 2021 and even later, which are set in legislation that applies prior to 31/12/2020).

Questions

1. Are you content with these proposals and the draft regulations (statutory instrument) at annex D? Comment, setting out your reasoning for any areas where you object. As a reminder the main topics covered are: remedies and appeals in case of disagreement with decisions of the authorities; the offences for contravention of the type approval regime; the civil and criminal penalties for non-compliance; enforcement powers; detailed specifications for the domestic approval schemes NSSTA and IVA; and compulsory fitment of digital radio for passenger vehicles
2. Do you agree that the draft regulations would not impose a new burden on business, beyond that imposed by the underlying EU Regulation? Our assessment is that the introduction of civil and criminal penalties for non-compliance with the requirements of the type approval framework is likely to result in little impact on businesses, with no impact on those which are compliant. This is due to the high level of expected compliance alongside the fact that we are not introducing new technical requirements for the testing or approval of vehicles and their components.
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? There may be the opportunity to make changes after the end of the Transition period. This is an ongoing area of work and responses will not be included in the consultation response document but will be utilised in the continuing development of policy.

What will happen next

A summary of responses, including the next steps, will be published within 3 months of the consultation closing.

Paper copies will be available on request.

Further background information on vehicle approval is available.

If you have questions about this consultation email mike.lowe@dft.gov.uk or paul.rothwell@dft.gov.uk.

Annex A: detailed changes

Approvals, notifications, authorisations issued under the previous Road Vehicle (Approval) Regulations 2009, SI 2009/717

• all type approval certificates (ECWVTA/NSSTA), certificates of conformity (CoCs), and individual approval certificates (IACs) issued under the 2009 regulations remain valid
• an application for approval commenced under the 2009 regulations can be continued under the 2020 regulations.
• authorisations such as end-of-series derogations issued by VCA under the 2009 regulations remain valid

Offences and enforcement

The penalty regime is similar to existing regimes for other vehicle categories, whereby civil offences are available for all offences, with a maximum fine of £50,000 per offence. Criminal offences are also available to the enforcement authorities, for the more serious offences. These would be tried in a Magistrates Court, with the maximum fine Level 5 on the standard scale: £5000 in Scotland and Northern Ireland, and an unlimited fine if the case is tried in England and Wales. The possibility of appealing to a/the County court exists. The previous possibility (under the 2009 regulations) of indictable offences (tried in Crown court) has been removed, given that this route has never been used for type approval breaches, and as regulatory offences likely to be committed by companies, such matters are more effectively dealt with via civil sanctions and fines or the Magistrates Court.

New tyre selling offences

Under paragraph 11 of article 13 of Regulation (EU) 661/2009, deadlines are set for the sell-off of tyres which do not meet the requirements on wet grip, rolling resistance and rolling noise. These deadlines are 30 months after the dates specified for the last fitment of such tyres to new vehicles and last manufacture of such tyres. Sale of such a tyre was not previously an offence in the UK, but will now be an offence subject to the penalties set out in the regulations.

End of series derogations

Our proposal is that the prior regime for end of series derogations, known as the “three-month-rule”, whereby the base vehicle must be built at least 3 months before a regulatory node to qualify, will continue as the mechanism by which these are governed, although as with some recent emissions deadlines, the department reserves the right to impose additional quantitative restrictions on manufacturers where deemed appropriate.

National small series type approval and individual vehicle approval transition arrangements

For IVA the transition is straightforward. The scheme is essentially continuing unchanged and IVA certificates issued prior to the coming into force of the regulations will remain valid. At some point the format of the IVA certificate will change slightly, which is something that happens periodically anyway, but this will not affect its validity.

For NSSTA, in a similar way, all existing approvals will remain valid and will not require extension, although changes to the format of certificates may be phased in. The quantitative production limit for M1 category vehicles (cars) is increasing from 100 to 250 (per type, per calendar year). Manufacturers will be able to utilise this immediately, from the coming into force date of the new regulations.

An additional temporary increase in NSSTA limits to assist with the transition, introduced in 2019 and scheduled to take effect from 1 January 2021, is being transferred from the 2009 regulations into the 2020 regulations.

Special arrangements are needed for vehicles which exceed 4 metres high. Under regulation (EU) 2018/858, there are no longer increased NSSTA limits for these vehicles, which were formerly set out in a second table in the regulations. We propose a transition whereby NSSTA approvals issued under the 2009 regulations will be permitted to continue using the previous limits which applied under those regulations until 31 December 2020. New NSSTA approvals obtained under the 2020 regulations will be required to adhere to the standard limits applicable to the vehicle category concerned listed in annex V of 2018/858. Following the end of the transition period, it is anticipated that the GB main approval scheme will be amended to permit vehicles over 4 metres high with no limits on production.

National small series type approval and individual vehicle approval specifications

The specifications are maintained effectively unchanged.

A measure in the previous regulations which was intended to assist the convertors of wheelchair accessible vehicles with the transition to the more stringent post-2009 regime, whereby testing to the prior less stringent standard for wheelchair tie-downs remained valid for the purposes of IVA, is proposed to be removed, as it is no longer utilised.

A similar measure which allowed existing types of vehicles meeting prior “Low Volume NTA” standards to continue to be sold under NSSTA is likewise proposed to be abolished.

Clarification of the position on carbon dioxide (CO2) emissions is proposed. Applicants for both IVA (including basic IVA) and NSSTA will be required to provide evidence of CO2 emissions under WLTP testing and this will be recorded. Where no evidence exists, for example because the vehicle is imported as a one-off from outside the EU, the department will have the powers to assign a figure, although initially these powers will not be exercised and no figure will be assigned unless a WLTP test is voluntarily carried out. There should be no requirement for third party converters and body builders to carry out testing but they may need to use an online calculator supplied by the base vehicle manufacturer.

Regulations proposed for revocation

The following regulations are no longer used and are proposed to be revoked.

Instrument	Topic
Goods vehicle TA regulations SI 1982/1271	GB truck type approval (no NI equivalent)
Passenger car TA regulations SI 1984/981	GB car national type approval
The motor vehicles (type approval) regulations (Northern Ireland) 2007 SR 240	(NI equivalent to row above, replaced 1985 regulations)
2001 motor vehicles (approval) regulations, SI 2001/25	GB - single vehicle approval (SVA) for M1 and N1 (car/ van)
2001 motor vehicles (approval) (fees) regulations, SI 2001/2486	Fees for SVA in GB
Motor vehicles (approval) regulations (Northern Ireland) 2001 SR 172	NI - SVA for M1, N1
Motor vehicles (approval) (fees) regulations (Northern Ireland) 2001 SR 170	Fees for SVA in NI

Annex B: consultation principles

The consultation is being conducted in line with the government’s key consultation principles. If you have any comments about the consultation process contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29 Great Minster House
London SW1P 4DR

or email consultation@dft.gsi.gov.uk.

Annex C: list of those consulted

SMMT (Society of Motor Manufacturers and Traders)

RMIF (Retail Motor Industry Federation

BVRLA (British Vehicle Rental and Leasing Association)

NCC (National Caravan Council)

NTTA (National Trailer & Towing Association)

WAVCA (Wheelchair Accessible Vehicle Convertors Association)

VBRA (Vehicle Builders and Repairers Association)

BIMTA (British Independent Motor Traders Association)

RSMA (Road Safety Markings Association)

REA (Road Emulsion Association)

AIAA (American Import Agents Association)

RSMA (Road Safety Marking Association)

FTA (Freight Transport Association)

RHA (Road Haulage Association)

BTMA (British Tyre Manufacturers Association)

TIF (Tyre Industry Federation)

ITMA (Imported Tyre Manufacturers Association)

NTDF (National Tyre Distributors Federation)

Annex D: draft statutory instrument

The draft statutory instrument, is supplied with this consultation (PDF, 1.4MB).