Appendix 1 In-service conformity check

This Appendix sets out the criteria for the in-service conformity control of vehicles type-approved under Directive 70/220/EEC.

The criteria for acceptance of a selected vehicle are defined in sections 2.1 to 2.8. Information shall be collected by the approval authority by vehicle examination and an interview with the owner/driver.

The vehicle shall belong to a vehicle type that is type-approved under Directive 70/220/EEC and covered by a certificate of conformity in accordance with Directive 70/156/EEC. The vehicle shall be registered and used in the European Community.

The vehicle shall have been in service for at least 15 000 km or 6 months, whichever is the later, and for no more than 100 000 km or 5 years, whichever is the sooner.

There shall be a maintenance record to show that the vehicle has been properly maintained, e. g. has been serviced in accordance with the manufacturer’s recommendations.

The vehicle shall exhibit no indications of abuse (e. g. racing, overloading, misfuelling, or other misuse), or other factors (e. g. tampering) that could affect emission performance. In the case of vehicles fitted with an OBD system, the fault code and mileage information stored in the computer are taken into account. A vehicle shall not be selected for testing if the information stored in the computer shows that the vehicle has operated after a fault code was stored and a relatively prompt repair was not carried out.

There shall have been no unauthorized major repair to the engine or major repair of the vehicle.

The lead content and sulphur content of a fuel sample from the vehicle tank shall meet the applicable standards laid down in Directive 98/70/EC of the European Parliament and of the Council^f1 and there shall be no evidence of misfuelling. Checks may be done in the tailpipe etc.

There shall be no indication of any problem that might jeopardize the safety of laboratory personnel.

All anti-pollution system components on the vehicle shall be in conformity with the applicable type-approval.

Diagnosis and any normal maintenance necessary shall be performed on vehicles accepted for testing, prior to measuring exhaust emissions, in accordance with the procedure laid down in section 3.1 to 3.7.

The following checks shall be carried out: checks on air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to the antipollution system for integrity; checks on ignition, fuel metering and pollution control device components for maladjustments and/or tampering. All discrepancies shall be recorded.

The OBD system shall be checked for proper functioning. Any malfunction indications in the OBD memory shall be recorded and the requisite repairs shall be carried out. If the OBD malfunction indicator registers a malfunction during a preconditioning cycle, the fault may be identified and repaired. The test may be re-run and the results of that repaired vehicle used.

The ignition system shall be checked and defective components replaced, for example spark plugs, cables, etc.

The compression shall be checked. If the result is unsatisfactory the vehicle shall be rejected.

The engine parameters shall be checked to the manufacturer’s specifications and adjusted if necessary.

If the vehicle is within 800 km of a scheduled maintenance service, that service shall be performed according to the manufacturer’s instructions. Regardless of odometer reading, the oil and air filter may be changed at the request of the manufacturer.

Upon acceptance of the vehicle, the fuel shall be replaced with appropriate emission test reference fuel, unless the manufacturer accepts the use of market fuel.

When a check on vehicles is deemed necessary, emission tests in accordance with Annex III to Directive 70/220/EEC shall be performed on pre-conditioned vehicles selected in accordance with the requirements of sections 2 and 3 of this Appendix.

Vehicles equipped with an OBD system may be checked for proper in-service functionality of the malfunction indication, etc., in relation to levels of emissions (e. g. the malfunction indication limits defined in Annex XI to Directive 70/220/EEC) for the type-approved specifications.

The OBD system may be checked, for example, for levels of emissions above the applicable limit values with no malfunction indication, systematic erroneous activation of the malfunction indication and identified faulty or deteriorated components in the OBD system.

If a component or system operates in a manner not covered by the particulars in the type-approval certificate and/or information package for such vehicle types and such deviation has not been authorized under Article 5(3) or (4) of Directive 70/156/EEC, with no malfunction indication by the OBD, the component or system shall not be replaced prior to emission testing, unless it is determined that the component or system has been tampered with or abused in such a manner that the OBD does not detect the resulting malfunction.

The test results are submitted to the evaluation procedure in accordance with Appendix 2 to this Annex.

Test results shall not be multiplied by deterioration factors.

The approval authority shall request the manufacturer to submit a plan of remedial measures to remedy the non-compliance when more than one vehicle is found to be an outlying emitter that meets either of the following conditions:

1. (a)

   meets the conditions set out in section 3.2.3 of Appendix 4 to UN/ECE Regulation 83 and both the type-approval authority and the manufacturer agree that the excess emission is due to the same cause, or

2. (b)

   meets the conditions set out in section 3.2.4 of Appendix 4 to UN/ECE Regulation 83 and the type-approval authority has determined that the excess emission is due to the same cause.

The plan of remedial measures shall be filed with the approval authority not later than 60 working days from the date of the notification referred to in section 6.1. The approval authority shall within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate, to the satisfaction of the competent approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension is granted.

The remedial measures shall apply to all vehicles likely to be affected by the same defect. The need to amend the type-approval documents shall be assessed.

The manufacturer shall provide a copy of all communications related to the plan of remedial measures, and shall also maintain a record of the recall campaign, and supply regular status reports to the approval authority.

The plan of remedial measures shall include the requirements set out in points 6.5.1 to 6.5.11. The manufacturer shall assign a unique identifying name or number to the plan of remedial measures.

A description of each vehicle type included in the plan of remedial measures.

A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to bring the vehicles into conformity including a brief summary of the data and technical studies which support the manufacturer’s decision as to the particular measures to be taken to correct the non-conformity.

A description of the method by which the manufacturer informs the vehicle owners.

A description of the proper maintenance or use, if any, which the manufacturer stipulates as a condition of eligibility for repair under the plan of remedial measures, and an explanation of the manufacturer’s reasons for imposing any such condition. No maintenance or use conditions may be imposed unless it is demonstrably related to the non-conformity and the remedial measures.

A description of the procedure to be followed by vehicle owners to obtain correction of the non-conformity. This shall include a date after which the remedial measures may be taken, the estimated time for the workshop to perform the repairs and where they can be done. The repair shall be done expediently, within a reasonable time after delivery of the vehicle.

A copy of the information transmitted to the vehicle owner.

A brief description of the system which the manufacturer uses to assure an adequate supply of component or systems for fulfilling the remedial action. It shall be indicated when there will be an adequate supply of components or systems to initiate the campaign.

A copy of all instructions to be sent to those persons who are to perform the repair.

A description of the impact of the proposed remedial measures on the emissions, fuel consumption, driveability, and safety of each vehicle type, covered by the plan of remedial measures with data, technical studies, etc. which support these conclusions.

Any other information, reports or data the approval authority may reasonably determine is necessary to evaluate the plan of remedial measures.

Where the plan of remedial measures includes a recall, a description of the method for recording the repair shall be submitted to the approval authority. If a label is used, an example of it shall be submitted.

The manufacturer may be required to conduct reasonably designed and necessary tests on components and vehicles incorporating a proposed change, repair, or modification to demonstrate the effectiveness of the change, repair, or modification.

The manufacturer shall be responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The approval authority shall have access to the record on request for a period of 5 years from the implementation of the plan of remedial measures.

The repair and/or modification or addition of new equipment shall be recorded in a certificate supplied by the manufacturer to the vehicle owner.