Commission Implementing Regulation (EU) 2022/1426 of 5 August 2022 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of the automated driving system (ADS) of fully automated vehicles (Text with EEA relevance)

• Published date: 26 August 2022
• Subject Matter: Internal market - Principles,Technical barriers,Transport
• Official Gazette Publication: Official Journal of the European Union, L 221, 26 August 2022

26.8.2022 EN Official Journal of the European Union L 221/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/1426

of 5 August 2022

laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of the automated driving system (ADS) of fully automated vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 11(2) thereof,

Whereas:

(1) It is necessary to adopt the implementing legislation for the type-approval of the automated driving system of fully automated vehicles in particular systems listed in points (a), (b), (d) and (f) of Article 11(1) of Regulation (EU) 2019/2144. Driver availability monitoring systems should not apply to fully automated vehicles in accordance with Article 11(1) of Regulation (EU) 2019/2144. In addition, the harmonised format for the exchange of data for instance for multi-brand vehicle platooning is still subject to standardisation activities and shall not be included in this regulation at this stage. Finally the approval of the automated driving systems of automated vehicles should not be covered by this regulation as it is intended to cover them with a reference to UN Regulation 157 on automated lane keeping systems (2) in Annex I to Regulation (EU) 2019/2144 listing the UN regulations that shall apply on a compulsory basis in the EU.

(2) For the whole-vehicle type-approval of fully automated vehicles, the type-approval of their automated driving system under this Regulation should be complemented with the requirements set out in Annex II, Part I, Appendix 1 of Regulation (EU) 2018/858 of the European Parliament and of the Council (3). As next stage, the Commission will continue the work to further develop and adopt by July 2024 the necessary requirements for the EU whole vehicle type approval of fully automated vehicles produced in unlimited series.

(3) The assessment of the automated driving system of fully automated vehicles, as proposed by this regulation, relies heavily on the traffic scenarios that are relevant for the different use cases of fully automated vehicles. It is therefore necessary to define those different use cases. The review of such use cases, and their amendment if required, to cover additional use cases should be conducted on a regular basis.

(4) The information document, referred to in 24(1) (a) of Regulation (EU) 2018/858 to be provided by the manufacturer for the type-approval of the automated driving system of fully automated vehicles should be based on the template laid down for the whole vehicle type-approval in Annex II to Commission Implementing Regulation (EU) 2020/683 (4). However to ensure a consistent approach, it is necessary to extract the entries of the information document that are relevant for type-approval of automated driving system of the fully automated vehicle.

(5) Given the complexity of automated driving systems, it is necessary to supplement the performance requirements and tests of this Regulation by manufacturer documentation demonstrating that the automated driving system is free of unreasonable safety risks to vehicle occupants and other road users in the relevant scenarios and during the ADS lifetime. In this respect, it is necessary to lay down the safety management system to be put in place by the manufacturers, to set for manufacturers and authorities the parameters to be used for the traffic scenarios relevant for automated driving system, to lay down criteria to assess whether the safety concept of the manufacturer addresses the relevant traffic scenarios, hazard and risks, and to set out criteria to assess the validation results from the manufacturer in particular validation results from virtual toolchains. Finally it is necessary to specify the relevant in-use data that shall be reported by the manufacturer to the type-approval authorities.

(6) The EU type-approval certificate and its addendum, referred to in Article 28(1) of Regulation (EU) 2018/858, to be issued for the automated driving system of fully automated vehicles, should be based on the respective templates laid down in Annex III to Implementing Regulation (EU) 2020/683. However to ensure a consistent approach, it is necessary to extract the entries of the EU type-approval certificate and its addendum that are relevant for type-approval of the automated driving system of the fully automated vehicles.

(7) Subject to the provisions of Regulation (EU) 2018/858 and any relevant EU legislation, this regulation is without prejudice to the right of Member States to regulate the circulation and the safety of operation of fully automated vehicles in traffic and the safety of operation of those vehicles in local transport services. Member States are not obliged to predefine areas, routes or parking facilities under this regulation. Motor vehicles covered by this Regulation can only operate within the scope of Article 1.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation applies to the type-approval of fully automated vehicles of category M and N, with regard to their automated driving system, for the following use cases:

(a) Fully automated vehicles, including dual mode vehicles, designed and constructed for the carriage of passengers or carriage of goods on a predefined area.

(b) ‘Hub-to-hub’: fully automated vehicles, including dual mode vehicles, designed and constructed for the carriage of passengers or carriage of goods on a predefined route with fixed start and end points of a journey/trip.

(c) ‘Automated valet parking’: dual mode vehicles with a fully automated driving mode for parking applications within predefined parking facilities. The system may use or not external infrastructure (e.g. localization markers, perception sensors, etc.) of the parking facility to perform the dynamic driving task.

The manufacturer may apply for the individual or the type-approval under this Regulation of the automated driving system of vehicles defined in Article 2(3) of Regulation (EU) 2018/858, provided that those vehicles fulfil the requirements of this Regulation.

Article 2

Definitions

In addition to the definitions in Regulation (EU) 2018/858 and Regulation (EU) 2019/2144, for the purpose of this regulation, the following definitions shall apply:

1. ‘Automated Driving System’ (ADS) means the hardware and software that are collectively capable of performing the entire DDT on a sustained basis in a specific operational design domain (ODD).

2. ‘ADS feature’ means an application of ADS hardware and software designed for a specific use within an ODD.

3. ‘ADS function’ means an application of ADS hardware and software designed to perform a specific portion of the DDT.

4. ‘dynamic driving task (‘DDT’)’ means all real time operational functions and tactical functions required to operate the vehicle, excluding strategic functions such as trip scheduling and selection of destinations and waypoints and including without limitation the following subtasks: (a) Lateral vehicle motion control via steering (operational); (b) Longitudinal vehicle motion control via acceleration and deceleration (operational); (c) Monitoring the driving environment via object and event detection, recognition, classification, and response preparation (operational and tactical); (d) Object and event response execution (operational and tactical); (e) Manoeuvre planning (tactical); (f) Enhancing conspicuity via lighting, sounding the horn, signalling, gesturing, etc. (tactical).

5. ‘operational functions’ of the DDT means functions delivered over a time constant of milliseconds and which include tasks such as steering inputs to keep within a lane or braking to avoid an emerging hazard.

6. ‘tactical functions’ of the DDT means functions delivered over a time constant of seconds and including tasks such as lane choice, gap acceptance and overtaking.

7. ‘fault’ means an abnormal condition that can cause a failure. This can concern hardware or software.

8. ‘failure’ means the termination of an intended behaviour of a component or a system of the ADS due to a fault manifestation.

9. ‘in-service monitoring’ means data collected by the manufacturer and data from other sources, to get evidence on the in-service safety performance of the ADS in the field.

10. ‘in-service reporting’ means data reported by the manufacturer to

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