Stringent rules regulating the type approval and market surveillance system of motor vehicles have recently come into force. These new rules, which are the European Commission’s reaction to the Dieselgate scandal, seek to ensure that only safe and clean vehicles are placed on the European market.
Type approval is the process for certifying that a vehicle meets all requirements to be placed on the market and that the manufacturer complies with EU laws regulating emissions limits, safety and production requirements.
In practice, this means that the manufacturer makes available for testing some pre-production cars that are identical to the final product. If all relevant requirements are met, the national authority issues an EU vehicle-type-approval certificate authorising the sale of that specific type of vehicle within the EU.
Every vehicle produced must be accompanied by a certificate of conformity which confirms that the vehicle corresponds to an approved type. It is only on the basis of this document that the vehicle can then be registered. Any new vehicle type which fails to pass the type-approval test is not allowed to be placed on the market.
The independence and quality of testing before a car is placed on the market has been enhanced by the new regulatory regime. Technical bodies which test and inspect new car models will be independently audited on the basis of stringent criteria.
National authorities must engage accreditation bodies to assess and certify the full remit of technical services or otherwise such services will be subject to joint audits by the commission with national experts from other member states which will include on-site visits to testing facilities. The commission will have the power to suspend, restrict or withdraw the designation of technical services that are underperforming and too lax in applying the rules.
Every vehicle produced must be accompanied by a certificate of conformity
The new rules also make provision for the carrying out by member states and the commission of compliance verification spot checks of vehicles which are already on the market and for sale at dealerships. Member states are obliged to test at least one car for every 40,000 new registered motor vehicles. The focus will be on the testing of emissions but safety requirements will also be assessed.
If a car which is already on the market is found not to be compliant, all national authorities as well as the commission will be able to order corrective measures and order recalls. In terms of the previous rules, all recall actions had to be coordinated by the member state that had originally type-approved the vehicle in question. Such an approach proved to be inefficient and hence, the change in approach taken by the new regulatory regime.
Member states can now also levy fines when, through their own checks, they conclude that there is a default. Any penalties imposed must be proportionate and dissuasive to deter car manufacturers from infringing the law. The commission too can levy fines on car manufacturers who are in breach of type-approval legislation. These fines can go up to €30,000 per vehicle, depending on the breach in question. Fines can also be imposed on technical bodies which perform the testing should they fail to carry out the tests rigorously enough.
The new rules clearly stipulate that individuals who have already repaired their vehicle at their own cost, when it is later shown that the vehicle has become subject to a manufacturer’s recall, must be reimbursed.
The Volkswagen emis-sions scandal, also known as the Dieselgate scandal, impacted the confidence and trust of consumers in the motor vehicle industry. Stringent measures such as the ones which are now in place are a step in the right direction to restore the said confidence and ensure that cleaner and safer cars are placed on our roads.
Mariosa Vella Cardona, Freelance legal consultant