OpenLegislation

Division 4 Interoperability certificateF1F2

United Kingdom

Original text. Later amendments are not shown.

278 Interoperability tests are carried out by a single laboratory under the authority and responsibility of the European Commission.

279 The laboratory shall register interoperability test requests introduced by manufacturers in the chronological order of their arrival.

280 Requests will be officially registered only when the laboratory is in possession of:

  • the entire set of material and documents necessary for such interoperability tests,

  • the corresponding security certificate,

  • the corresponding functional certificate,

The date of the registration of the request shall be notified to the manufacturer.

281 F3No interoperability tests shall be carried out by the laboratory for recording equipment or tachograph cards that have not been granted a security certificate and a functionality certificate, except in the exceptional circumstances described in Requirement 274a.

282 Any manufacturer requesting interoperability tests shall commit to leave to the laboratory in charge of these tests the entire set of material and documents which he provided to carry out the tests.

283 The interoperability tests shall be carried out, in accordance with the provisions of paragraph 5 of Appendix 9 of this Annex, with respectively all the types of recording equipment or tachograph cards:

  • for which type approval is still valid, or

  • for which type approval is pending and that have a valid interoperability certificate.

284 The interoperability certificate shall be delivered by the laboratory to the manufacturer only after all required interoperability tests have been successfully passed.

285 If the interoperability tests are not successful with one or more of the recording equipment or tachograph card(s), as requested by requirement 283, the interoperability certificate shall not be delivered, until the requesting manufacturer has realised the necessary modifications and has succeeded with the interoperability tests. The laboratory shall identify the cause of the problem with the help of the manufacturers concerned by this interoperability fault and shall attempt to help the requesting manufacturer in finding a technical solution. In the case where the manufacturer has modified its product, it is the manufacturer's responsibility to ascertain from the relevant authorities that the security certificate and the functional certificates are still valid.

286 The interoperability certificate is valid for six months. It is revoked at the end of this period if the manufacturer has not received a corresponding type approval certificate. It is forwarded by the manufacturer to the type approval authority of the Member State who has delivered the functional certificate.

287 Any element that could be at the origin of an interoperability fault shall not be used for profit or to lead to a dominant position.

Annotations

Textual amendments

F1

Inserted by Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85.

F2

Substituted by Commission Regulation (EC) No 1360/2002 of 13 June 2002 adapting for the seventh time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance).

F3

Substituted by Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance).