An end to 'modified' cars?

An end to 'modified' cars?

Author
Discussion

Harding91

Original Poster:

427 posts

168 months

Tuesday 21st August 2012
quotequote all
Spotted this being spammed around lamebook. Any truth behind it at all?

http://www.the-ace.org.uk/armageddon/

Surely they wont make modifying cars illegal? That's crazy.

Rich G

1,271 posts

217 months

Wednesday 22nd August 2012
quotequote all
Harding91 said:
Spotted this being spammed around lamebook. Any truth behind it at all?

http://www.the-ace.org.uk/armageddon/

Surely they wont make modifying cars illegal? That's crazy.
Yes, there is a very hard truth to it and if nothing is done about it then in six weeks time it will become EU law.

Follow the link, read the article and the verified links behind it. this has MASSIVE implications.

In a nut-shell if your car isn't as it left the factory (and that includes ALL cars no matter when they were built!) then it will be impossible for it to be MoT'd and therefore you won't legally be able to use it on the road.

It's going to kill an industry, put people out of jobs to say nothing of stopping us having fun with cars.

Rich-G

thinfourth2

32,414 posts

203 months

Wednesday 22nd August 2012
quotequote all
How quaint

Those people think they will be listened to

Not a chance in hell this is the EU not a democracy

Dr Doofenshmirtz

15,184 posts

199 months

Wednesday 22nd August 2012
quotequote all
It's already under way for motorcycles. Maybe people will understand the issue now it's hitting cars too?

chrisgtx

1,195 posts

209 months

Wednesday 22nd August 2012
quotequote all
If modifications to cars were to be banned,how many jobs would be lost in the UK?
The ramifications would be huge.I have't read the full in's and out's but is this just one of these laws just being passed to keep some 'non jobbed' boys able to justify their existance in some far away powerful office?

Mastodon2

13,818 posts

164 months

Wednesday 22nd August 2012
quotequote all
Kiss goodbye to a huge part of car culture, this st is happening no matter what.

I do wonder though, exactly what the EU thinks is so terrible about cars that are "not compliant with type approval" due to things like aftermarket wheels and other such modifications that do nothing to the performance of the vehicle.

Thanks to a bunch of nazis in Brussels, it will be practically impossible to drive even a mildly modified car (unless of course, you have a friendly MOT centre who will overlook certain things the Euro facists who deemed "unacceptable"), and this so-called democracy starts to look like a very thinly veiled facade when decisions like this are made for us.

It sickens me when I read headlines like "Being in the EU costs every tax-paying household £800 a year", and this is the st we get for it, it's no better than being mugged in the street.

Dr Doofenshmirtz

15,184 posts

199 months

Wednesday 22nd August 2012
quotequote all
It's already under way for motorcycles. Maybe people will understand the issue now it's hitting cars too?

rllmuk

143 posts

156 months

Wednesday 22nd August 2012
quotequote all
Hmm. How on earth do they see an MOT station checking all these things, let alone for £40?

Rich G

1,271 posts

217 months

Wednesday 22nd August 2012
quotequote all
Another thread already running here...

http://www.pistonheads.co.uk/gassing/topic.asp?h=0...

... maybe best to concentrate on that one.

anonymous-user

53 months

Wednesday 22nd August 2012
quotequote all
Whilst I think that the proposed regulation is an example of EU mission creep, note the definition of roadworthiness test:-

(9) ‘roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval, first registration or entry into service, as well as at the time of retrofitting;

Despite what other websites say, this definition does not inevitably preclude modifications, or at least not all modifications.

Elsewhere in the (typically badly drafted) draft regulation, there is provision for testing after modification (Article 5.4).

I agree that the proposal is a bad thing, but am not convinced that, if implemented, it will be quite the death blow that some are claiming it will be.

shakotan

10,679 posts

195 months

Wednesday 22nd August 2012
quotequote all
Breadvan72 said:


I agree that the proposal is a bad thing, but am not convinced that, if implemented, it will be quite the death blow that some are claiming it will be.
You want to pay a £200 re-inspection fee every time you put a non-standard part on your car?

anonymous-user

53 months

Wednesday 22nd August 2012
quotequote all
That is not what I said, but, more importantly, it is not what the draft Regulation says. Read the draft, not the Private Fraser websites of DOOOOOOOOOOOM.

Raize

1,476 posts

178 months

Wednesday 22nd August 2012
quotequote all
Not only an end to modified cars but an end to remanufactured parts. I'm just glad my car is over 30 years old and unmodified so I should still be able to use reman parts but anyone with a car between say 10-29 years old is so badly screwed.

kambites

67,460 posts

220 months

Wednesday 22nd August 2012
quotequote all
Am I missing something? I can't see anything to do with modification at all there? It just seems to be saying that all European countries need an MoT type test which we already have? I can't actually see any list of new things to be tested or any indication that type approval rules will now be applied to old cars.

Where is this the document that this refers to?:

Article 6

Contents and methods of testing
1. The roadworthiness test shall cover the areas referred to in Annex II, point 2.
2. For each area referred to in paragraph 1, the competent authorities of the Member
State or the testing centre shall carry out a roadworthiness test covering at least the
items and using the method applicable to the testing of those items, as set out in
Annex II, point 3.

Edited by kambites on Wednesday 22 August 09:17

anonymous-user

53 months

Wednesday 22nd August 2012
quotequote all
Please explain why, by reference to specific articles in the draft Regulation. Reading and understanding these documents is my job, and it doesn't read like that to me.

I reiterate that I do not support the proposed Regulation, but I don't read it as quite the Apocalyptic document that some suggest.

Mastodon2

13,818 posts

164 months

Wednesday 22nd August 2012
quotequote all
kambites said:
Am I missing something? I can't see anything to do with modification at all there? It just seems to be saying that all European countries need an MoT type test which we already have?
But all cars must meet "type approval" standards to be road legal, so either use type approved aftermarket parts (most aftermarket part manufacturers will not be able to type approve their parts, and so will die, leaving only OEM parts) or your car will not be deemed suitable for road use.

kambites

67,460 posts

220 months

Wednesday 22nd August 2012
quotequote all
Mastodon2 said:
kambites said:
Am I missing something? I can't see anything to do with modification at all there? It just seems to be saying that all European countries need an MoT type test which we already have?
But all cars must meet "type approval" standards to be road legal.
Where does it actually say that? Am I being blind?

Anyway I wouldn't read that as "all parts must be type approved" just that there mustn't be anything obvious that would cause them to fail it.

anonymous-user

53 months

Wednesday 22nd August 2012
quotequote all
People are reading far too much into this, and getting wound up by "we told you so!" and "the sky is falling!' websites written by people with zero apparent expertise in European law.

Raize

1,476 posts

178 months

Wednesday 22nd August 2012
quotequote all
kambites said:
Am I missing something? I can't see anything to do with modification at all there? It just seems to be saying that all European countries need an MoT type test which we already have? I can't actually see any list of new things to be tested or any indication that type approval rules will now be applied to old cars.

Where is this the document that this refers to?:

Article 6

Contents and methods of testing
1. The roadworthiness test shall cover the areas referred to in Annex II, point 2.
2. For each area referred to in paragraph 1, the competent authorities of the Member
State or the testing centre shall carry out a roadworthiness test covering at least the
items and using the method applicable to the testing of those items, as set out in
Annex II, point 3.

Edited by kambites on Wednesday 22 August 09:17
I was wondering that too...

anonymous-user

53 months

Wednesday 22nd August 2012
quotequote all
Here is the draft regulation, excluding the tedious recitals. NB; engage brain gear before operating.


CHAPTER I SUBJECT MATTER, DEFINITIONS AND SCOPE
Article 1
Subject matter
This Regulation establishes a regime of periodic roadworthiness tests of vehicles.
Article 2
Scope
1. This Regulation shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as referred to in Directive 2002/24/EC, Directive 2007/46/EC and Directive 2003/37/EC:
23
– motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats in addition to the driver's seat – vehicle category M1,
– motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat – vehicle category M2 and M3,
– motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg – vehicle category N1,
– motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500kg - vehicle categories N2 and N3,
– trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories O1 and O2,
– trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg – vehicle categories O3 and O4,
– two- or three-wheel vehicles – vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e,
– wheeled tractors with a maximum design speed exceeding 40 km/h – vehicle category T5.
OJ L 173, 8.7.2010, p. 74.
EN13 EN
2. This Regulation shall not apply to: – vehicles of historic interest,
– vehicles belonging to armed forces, fire services, civil protection, emergency or rescue services,
– vehicles used by agricultural, horticultural, forestry, farming or fishery undertakings with a maximum design speed not exceeding 40 km/h,
– specialised vehicles transporting circus and funfair equipment with a maximum design speed not exceeding 40 km/h and only operating on the territory of the Member State.
3. Member States may introduce national requirements concerning roadworthiness tests for vehicles listed in paragraph 2 registered in their territory.
Article 3
Definitions
For the purpose of this Regulation the following definitions shall apply:
(1) ‘vehicle’ means any not rail-borne motor vehicle or its trailer;
(2) ‘motor vehicle’ means any power-driven vehicle on wheels which is moved by its own means with a maximum design speed exceeding 25 km/h;
(3) ‘trailer’ means any non-self propelled vehicle on wheels which is designed and constructed to be towed by a motor vehicle;
(4) ‘semi-trailer’ means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its mass and the mass of its load is borne by the motor vehicle;
(5) ‘two- or three-wheel vehicles’ means any power-driven vehicle on two wheels with or without sidecar, tricycles and quadricycles;
(6) ‘vehicle registered in a Member State' means a vehicle which is registered or entered into service in a Member State;
(7) ‘vehicle of historic interest’ means any vehicle which fulfils all the following conditions :
– It was manufactured at least 30 years ago,
– It is maintained by use of replacement parts which reproduce the historic components of the vehicle;
– It has not sustained any change in the technical characteristics of its main components such as engine, brakes, steering or suspension and
– It has not been changed in its appearance; EN14 EN
(8) 'holder of a registration certificate' means the person in whose name the vehicle is registered;
(9) ‘roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval, first registration or entry into service, as well as at the time of retrofitting;
(10) "approval" means any category of approval referred to in Directive 2007/46/EC;
(11) 'deficiencies' means technical defects and other non-compliances found during a roadworthiness test;
(12) "roadworthiness certificate" means a certificate issued by the competent authority or a testing centre containing the result of the test and the overall assessment of the vehicle.
(13) 'inspector' means a person authorised by a Member State to carry out roadworthiness tests in a testing centre or on behalf of a competent authority ;
(14) ‘competent authority’ means an authority or public body responsible for managing the national system of roadworthiness testing, including, when appropriate, the carrying out of roadworthiness tests;
(15) ‘testing centre’ means public or private bodies or establishments, including those carrying out vehicle repairs, authorised by a Member State to carry out roadworthiness tests ;
(16) 'supervising body' means a body set up by a Member State, responsible for the authorisation and the supervision of testing centres
CHAPTER II
GENERAL OBLIGATIONS
Article 4
Responsibilities
1. Motor vehicles and their trailers shall periodically be tested in accordance with this Regulation in the Member State where they are registered.
2. Roadworthiness tests shall be carried out only by the competent authority of a Member State or by testing centres authorised by Member States.
3. Vehicle manufacturers shall provide the testing centres or, when relevant, the competent authority, with access to the technical information necessary for roadworthiness testing, as set out in Annex I. The Commission shall adopt detailed rules concerning the procedures on access to the technical information set out in Annex I in accordance with the examination procedure referred to in Article 16(2).
EN15 EN
4. The holder of the registration certificate shall be responsible for keeping the vehicle in a safe and roadworthy condition at all times.
CHAPTER III
REQUIREMENTS CONCERNING ROADWORTHINESS TESTS
Article 5
Date and frequency of testing
1. Vehicles shall be subject to a roadworthiness test on each anniversary of the date of first registration, at least within the following intervals:
– Vehicles of categories L1e, L2e, L3e, L4e, L5e, L6e and L7e: four years after the date on which the vehicle was first registered, then two years and thereafter annually;
– Vehicles of category M1, N1 and O2: four years after the date on which the vehicle was first registered, then two years and thereafter annually;
– Vehicles of category M1 registered as taxis or ambulances, vehicles of categories M2, M3, N2, N3, T5, O3 and O4: one year after the date on which the vehicle was first registered, and thereafter annually.
2. In the case where a vehicle of categories M1 or N1 reaches a mileage of 160 000 km on the first roadworthiness test after the vehicle was first registered, it shall be subject to a roadworthiness test thereafter annually.
3. The holder of the registration certificate may request the testing centre, or the competent authority if relevant, to carry out the roadworthiness test during a period extending from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the second month following this date, without affecting the date for the next roadworthiness test.
4. Notwithstanding the date of its last roadworthiness test, the competent authority may require that a vehicle be subject to a roadworthiness test or additional testing before the date referred to in paragraphs 1 and 2, in the following cases:
– after an accident with serious damage to the main safety related components of the vehicle such as wheels, suspension, deformation zones, steering or brakes,
– when the safety and environmental systems and components of the vehicle have been altered or modified,
– in case of a change of the holder of the registration certificate of a vehicle.
EN16 EN
Article 6
Contents and methods of testing
1. The roadworthiness test shall cover the areas referred to in Annex II, point 2.
2. For each area referred to in paragraph 1, the competent authorities of the Member State or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items, as set out in Annex II, point 3.
Article 7
Assessment of deficiencies
1. For each item to be tested, Annex III provides a minimum list of possible deficiencies and their level of severity.
2. When carrying out a roadworthiness test, the inspector shall attribute to each deficiency detected a level of severity and classify it into one of the following groups :
– minor deficiencies having no significant effect on the safety of the vehicle and other minor non-compliances,
– major deficiencies that may prejudice the safety of the vehicle or put other road users at risk or other more significant non-compliances,
– dangerous deficiencies that constitute a direct and immediate risk to road safety such that the vehicle may not be used on the road under any circumstances.
3. A vehicle having deficiencies falling into more than one deficiency group referred to in paragraph 2 shall be classified into the group corresponding to the most serious deficiency. A vehicle showing several deficiencies of the same group shall be classified in the next more serious group if the combined effect of those deficiencies result in a higher risk to road safety.
Article 8
Roadworthiness certificate
1. The testing centre or, if relevant, the competent authority that has conducted a roadworthiness test on a vehicle shall issue a roadworthiness certificate to that vehicle that contains at least the elements laid down in Annex IV.
2. The testing centre or, if relevant, the competent authority, shall provide the person presenting the vehicle to the test with the roadworthiness certificate or, in case of electronic established roadworthiness certificate, a duly certified printout of such certificate.
3. As from the date of entry into force of this Regulation and at the latest 3 years afterwards, the testing centres shall communicate electronically, to the competent authority of a Member State the information mentioned in roadworthiness certificates
EN17 EN
which they deliver. This communication shall take place within a reasonable time after the issuance of the roadworthiness certificates. Until this date, the testing centres may communicate this information to the competent authority by any other means. The competent authority shall keep this information for 36 months from the date of its reception.
4. For the purposes of checking the odometer reading, and where this information was not communicated electronically following the previous roadworthiness test, the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test.
5. The results of the roadworthiness test shall be notified to the registration authority of the vehicle. This notification shall contain the information mentioned in the roadworthiness certificate.
Article 9
Follow-up of deficiencies
1. In the case of minor deficiencies only, the holder of the registration certificate shall ensure that such deficiencies are rectified without delay. The vehicle may not need to be re-tested.
2. In the case of major deficiencies, the competent authority shall decide on the conditions under which a vehicle may be used before undergoing another roadworthiness test. The latter test shall take place within six weeks following the initial test.
3. In the case of dangerous deficiencies, the vehicle shall not be used on publicly accessible roads and its registration shall be withdrawn in accordance with Article 3a of Directive XXX of the European Parliament and of the Council amending Council Directive 1999/37/EC on the registration documents for vehicles24 until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition.
Article 10
Proof of test
The testing centre or, if relevant, the competent authority of the Member State that has carried out a roadworthiness test on a vehicle registered in its territory shall issue a proof to each vehicle having successfully passed such a test. The proof shall indicate the date of the next roadworthiness test.
Each Member State shall recognise the proof issued in accordance with paragraph 1.
24
OJ L XXX, XX.XX.XXXX, p. XX
EN18 EN
CHAPTER IV
ADMINISTRATIVE PROVISIONS
Article 11
Testing facilities and equipment
1. Testing facilities and equipment used for carrying out roadworthiness tests shall comply with the minimum technical requirements laid down in Annex V.
2. The testing centres or, if relevant, the competent authority, shall maintain the testing facilities and equipment in accordance with the specifications provided by the manufacturer.
3. Any equipment that is used for measurements shall be periodically calibrated in accordance with the specifications provided by the manufacturer.
Article 12
Inspectors
1. Roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in Annex VI.
2. Member States shall deliver a certificate to inspectors who fulfil the minimum competence and training requirements. This certificate shall include at least the information mentioned in Annex VI, point 3.
3. Inspectors employed by competent authorities of the Member States or a testing centre at the date of application of this Regulation shall be exempted from the requirements laid down in Annex VI, point 1. The Member States shall deliver a certificate of equivalence to these inspectors.
4. When carrying out a roadworthiness test, the inspector shall be free of any conflict of interests, in particular as regards economic, personal or family links with the holder of the registration certificate of the vehicle subject to testing.
5. The testing centre shall inform the person presenting the vehicle to the test of the necessary repairs to be carried out and shall not alter the results of the test for commercial purposes.
6. The results of a roadworthiness test performed by an inspector can only be modified by the supervising body if the findings of the roadworthiness test performed by the inspector are manifestly incorrect.
EN19 EN
Article 13
Authorisation and supervision of testing centres
1. A supervising body shall perform at least the tasks provided for in Annex VII, point 1, and fulfil the requirements laid down in points 2 and 3 of the same Annex .
Member States shall make publicly available the rules and procedures covering the organisation, tasks and requirements applicable to the personnel of supervising bodies.
Supervising bodies shall be independent from testing centres and vehicle manufacturers.
2. Testing centres directly operated by a competent authority shall be exempted from the requirements regarding authorisation and supervision.
CHAPTER V
COOPERATION AND EXCHANGE OF INFORMATION
Article 14
Administrative cooperation between Member States
1. Member States shall designate a national contact point responsible for the exchange of information with the other Member States and the Commission with regard to the application of this Regulation.
2. Member States shall forward to the Commission the names and contact details of their national contact point at the latest [one year after the entry into force of this Regulation] and inform it without delay about any changes thereof. The Commission shall draw up a list of all contact points and forward it to the Member States.
Article 15
Electronic vehicle information platform
The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers.
It shall, on the basis of that examination, put forward and evaluate different policy options, including the possibility to remove the requirement of a proof of test as provided for in Article 10. Within two years after the date of application of this Regulation, the Commission shall report to the European Parliament and to the Council on the results of the examination, and accompany it with a legislative proposal, if appropriate.
EN20 EN
CHAPTER VI
PROVISIONS ON IMPLEMENTING AND DELEGATED POWERS
Article 16
Roadworthiness Committee
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
Article 17
Delegated acts
The Commission shall be empowered to adopt delegated acts in accordance with Article 19 with a view:
– to update Article 2(1) and Article 5(1) and (2) as appropriate in order to take account of the changes to the vehicle categories stemming from amendments to the legislation referred to in Article 3(1),
– to update the Annexes in the light of technical progress or in order to take account of the modification in international or Union legislation.
Article18
Exercise of delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 17 shall be conferred for an indeterminate period of time from [the date of entry into force of this Regulation].
3. The delegation of powers referred to in Article 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
EN21 EN
5. A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
CHAPTER VII
FINAL PROVISIONS
Article 19
Penalties
1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
2. Each Member State shall take the necessary measures to ensure that the manipulation or tampering of an odometer is regarded as an offence and is punishable by effective, proportionate, dissuasive and non-discriminatory penalties.
3. The Member States shall notify those provisions to the Commission by [one year after the date of application of this Regulation] at the latest and shall notify without delay any subsequent amendment affecting them.
Article 20
Transitional provisions
1. Testing facilities and equipment referred to in Article 11 which do not comply with the minimum requirements laid down in Annex V on [the date of application of this Regulation] may be used for carrying out roadworthiness tests for a period of not more than five years following that date.
2. Member States shall apply the requirements laid down in Annex VII at the latest as from the fifth year following the date of application of this Regulation.
Article 21
Repeal
Directive 2009/40/EC and Commission Recommendation 2010/378/EU are repealed with effect from [the date of application of this Regulation].
EN22 EN
Article 22
Entry into force and application
The 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 [12 months after its entry into force]. This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels,
For the European Parliament For the Council The President The President