Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance)Text with EEA relevance

• Celex Number: 02009R0661-20190424
• Coming into Force: 24 April 2019
• Published date: 24 April 2019
• ELI: http://data.europa.eu/eli/reg/2009/661/2019-04-24
• Date: 24 April 2019
• Court: Datos provisionales,Vorläufige Daten,Dati provvisori,Données provisoires,Provisional data

02009R0661 — EN — 24.04.2019 — 005.001

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►B REGULATION (EC) No 661/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance) (OJ L 200 31.7.2009, p. 1)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION REGULATION (EU) No 407/2011 of 27 April 2011	L 108	13	28.4.2011
M2	COMMISSION REGULATION (EU) No 523/2012 of 20 June 2012	L 160	8	21.6.2012
►M3	COMMISSION REGULATION (EU) 2015/166 of 3 February 2015	L 28	3	4.2.2015
►M4	COMMISSION REGULATION (EU) 2016/1004 of 22 June 2016	L 165	1	23.6.2016
►M5	COMMISSION REGULATION (EU) 2019/543 of 3 April 2019	L 95	1	4.4.2019

Corrected by:

►C1	Corrigendum, OJ L 337, 20.12.2011, p. 27 (661/2009)
►C2	Corrigendum, OJ L 308, 25.11.2015, p. 11 (661/2009)

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▼B

REGULATION (EC) No 661/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

(Text with EEA relevance)

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes requirements:

1. for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor with regard to their safety,

2. for the type-approval of motor vehicles, in respect of tyre pressure monitoring systems, with regard to their safety, fuel efficiency and CO2 emissions and, in respect of gear shift indicators, with regard to their fuel efficiency and CO2 emissions; and

3. for the type-approval of newly-manufactured tyres with regard to their safety, rolling resistance performance and rolling noise emissions.

Article 2

Scope

This Regulation shall apply to vehicles of categories M, N and O and systems, components and separate technical units intended therefor as defined in Section A of Annex II to Directive 2007/46/EC, subject to Articles 5 to 12 of this Regulation.

Article 3

Definitions

For the purposes of this Regulation, the definitions laid down in Article 3 of Directive 2007/46/EC shall apply.

In addition, the following definitions shall apply:

1. ‘electronic stability control’ means an electronic control function for a vehicle which improves the dynamic stability of the vehicle;

2. ‘class I M2 or M3 vehicle’ means an M2 or M3 vehicle with a capacity exceeding 22 passengers in addition to the driver constructed with areas for standing passengers to allow frequent passenger movement;

3. ‘class A M2 or M3 vehicle’ means an M2 or M3 vehicle with a capacity not exceeding 22 passengers, in addition to the driver, designed to carry standing passengers and having seats and provision for standing passengers;

4. ‘lane departure warning system’ means a system to warn the driver of unintentional drift of the vehicle out of its travel lane;

5. ‘advanced emergency braking system’ means a system which can automatically detect an emergency situation and activate the vehicle braking system to decelerate the vehicle with the purpose of avoiding or mitigating a collision;

6. ‘load-capacity index’ means one or two numbers which indicate the load the tyre can carry in single or in single and dual formation at the speed corresponding to the associated speed category and when used in conformity with requirements specified by the manufacturer;

7. ‘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;

8. ‘special use tyre’ means a tyre intended for mixed use both on- and off-road or for other special duty;

9. ‘off-road professional tyre’ means a special use tyre primarily used in severe off-road conditions;

10. ‘reinforced tyre’ or ‘extra load tyre’ means a C1 pneumatic tyre structure in which the carcass is designed to carry a greater load than the corresponding standard tyre;

11. ‘snow tyre’ means a tyre whose tread pattern, tread compound or structure is primarily designed to achieve in snow conditions a performance better than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion;

12. ‘T-type temporary-use spare tyre’ means a temporary-use spare tyre designed for use at inflation pressures higher than those established for standard and reinforced tyres;

13. ‘traction tyre’ means a tyre of classes C2 or C3 bearing the inscription ‘M + S’, ‘M.S.’ or ‘M&S’ and intended to be fitted to a vehicle drive axle or axles;

14. ‘unprotected road user’ means pedestrians, cyclists and motorcyclists;

15. ‘gear shift indicator’ or ‘GSI’ means a visible indicator recommending that the driver shift gear;

16. ‘manual gearbox’ means a gearbox that can be operated in a mode where the shift between all or some of the gears is always an immediate consequence of an action of the driver, regardless of its physical implementation; this does not cover systems where the driver can only preselect a certain gear shift strategy or limit the number of gears available for driving, and where the actual gear shifts are initiated independently of the decision of the driver according to certain driving patterns.

CHAPTER II

OBLIGATIONS OF MANUFACTURERS

Article 4

General obligations

1. Manufacturers shall demonstrate that all new vehicles sold, registered or put into service within the Community are type-approved in accordance with this Regulation and its implementing measures.

2. Manufacturers may choose to apply for type-approval with regard to all the systems, and the installation of all the components and separate technical units covered by this Regulation, or for type-approval with regard to one or more systems and the installation of one or more components and one or more separate technical units covered by this Regulation. Type-approval in accordance with the UNECE Regulations listed in Annex IV shall be considered as EC type-approval in accordance with this Regulation and its implementing measures.

3. Manufacturers shall demonstrate that all new systems, components and separate technical units sold or put into service within the Community are type-approved in accordance with this Regulation and its implementing measures.

Article 5

General requirements and tests

1. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the risk of injury to vehicle occupants and other road users.

2. Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the relevant requirements set out in this Regulation and its implementing measures, including the requirements relating to:

(a) vehicle structure integrity, including impact tests;

(b) systems to aid the driver’s control of the vehicle, including steering, braking and electronic stability control systems;

(c) systems to provide the driver with visibility and information on the state of the vehicle and the surrounding area, including glazing, mirrors and driver information systems;

(d) vehicle lighting systems;

(e) vehicle occupant protection, including interior fittings, head restraints, seat belts, ‘ISOfix’ anchorages or built-in child restraints and vehicle doors;

(f) the vehicle exterior and accessories;

(g) electromagnetic compatibility;

(h) audible warning devices;

(i) heating systems;

(j) devices to prevent unauthorised use;

(k) vehicle identification systems;

(l) masses and dimensions;

(m) electrical safety;

(n) gear shift indicators.

3. The requirements referred to in paragraphs 1 and 2 shall apply to vehicles and systems, components and separate technical units intended therefor, as specified in Annex I.

Article 6

Specific requirements relating to certain vehicles of categories N and O

1. In addition to the requirements contained in Articles 5, 8, 9, 10 and 12 and the implementing measures thereof, vehicles of categories N and O shall, where relevant, meet the requirements set out in paragraphs 2 to 5 of this Article and the implementing measures thereof.

2. Vehicles of categories N2 and N3 shall be constructed to ensure that, in the event of a front collision with another vehicle, the risk of injury to a vehicle occupant due to underrun is minimised.

3. Vehicles of categories N2, N3, O3 and O4 shall be constructed to ensure that, in the event of the vehicle being hit from the side by an unprotected road user, the risk of injury to that unprotected road user due to underrun is minimised.

4. The vehicle cab or the space provided for the driver and passengers shall be of sufficient strength to offer protection to the occupants in the event of an impact, taking account of UNECE Regulation 29.

5. Vehicles of categories N2, N3, O3 and O4 shall be constructed so as to minimise the effect of spray emissions from the vehicle on the ability of drivers of other vehicles to see.

Article 7

Specific requirements relating to vehicles of categories M2 and M3

1. In addition to the requirements contained in...