(Utkast) Delegert kommisjonsforordning (EU) .../... av 23. juni 2021 om utfylling av europaparlaments- og rådsforordning (EU) 2019/2144 ved fastsettelse av detaljerte bestemmelser om de spesifikke testprosedyrene for og tekniske kravene til typegodkjenning av motorvogner med hensyn til intelligent fartstilpasning og typegodkjenning av slike systemer som separate tekniske enheter, og endring av vedlegg II til nevnte forordning
(Draft) Commission Delegated Regulation (EU) .../... of 23 June 2021 supplementing Regulation (EU) 2019/2144 of the European Parliament and of the Council by laying down detailed rules concerning the specific test procedures and technical requirements for the type-approval of motor vehicles with regard to their intelligent speed assistance systems and for the type-approval of those systems as separate technical units and amending Annex II to that Regulation
Utkast til delegert kommisjonsforordning sendt til Europaparlamentet og Rådet for klarering 23.6.2021
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Article 6 of Regulation (EU) 2019/2144 requires motor vehicles of categories M and N to be equipped with certain advanced vehicle systems, including intelligent speed assistance (‘ISA’) systems. Annex II to Regulation (EU) 2019/2144 lays down basic requirements for the type-approval of motor vehicles with regard to the ISA systems.
(2) Detailed rules are necessary concerning the specific test procedures and technical requirements for the type-approval of motor vehicles with regard to ISA systems as well as for the type-approval of those systems as separate technical units.
(3) In accordance with Article 3, point (3), of Regulation (EU) 2019/2144 the ISA system is a system to aid the driver in maintaining the appropriate speed for the road environment by providing dedicated and appropriate feedback. Currently there are several technical options for the feedback methodology to be used as a basis for an ISA system. However, not all of those options can be used in each motor vehicle. It is therefore, necessary to specify feedback methodologies that are equally safe and effective despite their functional differences. It is appropriate to specify several feedback methodologies and allow the manufacturers to choose any of those methodologies to base their ISA systems on.
(4) The ISA system may rely on various input methods, such as camera observation, map data and deep learning, however, the actual presence of real-world speed limit related signs should always take precedence over any other available and potentially diverging information.
(5) For the purposes of testing the real-world performance of the ISA system, it is necessary to establish an exhaustive catalogue of road signs used in each Member State.
(6) The ISA systems may be faced with ambiguous speed related information due to missing, vandalised, manipulated or otherwise damaged signs, erroneous sign placement, inclement weather conditions or non-harmonised, complicated and implicit speed restrictions. For this reason, the underlying principle should be that the driver is always responsible for adhering to the relevant traffic rules and that the ISA system is a best-effort driver assistance system to alert the driver, whenever possible and appropriate.
(7) The specific test procedures and technical requirements for the ISA systems should be to the greatest extent technology neutral and performance-based to allow innovative solutions.
(8) The specific test procedures and technical requirements for the ISA systems should also ensure that a system does not exceed the capability of an average human driver of interpreting and understanding the pertinent speed limit information. ISA systems should not be required to have self-driving levels of capability, but only provide assistance to drivers.
(9) The assessment of the effectiveness of the different feedback methodologies and control functions of the ISA systems in real-drive conditions will only be possible once a significant number of motor vehicles equipped with such systems are available on the market. On other hand, it is essential that such assessment is carried out without delay in order to reap all the potential road safety benefits of the ISA systems. The relevant technologies and real-drive experience is expected to be available by 31 December 2025, thus well in advance of the date for the overall review set out in Article 14 of Regulation (EU) 2019/2144. In order to enable the Commission to evaluate the performance of the feedback methodologies provided for by this Regulation as early as possible, it is necessary to require the manufactures to provide the relevant information to the approval authorities and for the approval authorities to aggregate that information and provide it to the Commission.
(10) In order to minimise distracting or overloading drivers with false warnings caused by sub-optimal systems in the real-world, it is necessary to ensure that vehicle manufacturers employ appropriate technologies in the vehicle fleet and that manufacturers provide, where appropriate and necessary for a reasonable proportion of the vehicle’s life-time, an unrestricted and easy access to system updates.
(11) It is however clear that systems employing a combination of a camera system, Global Navigation Satellite System (GNSS) and up-to-date digital maps are considered the state of the art systems with the greatest real-world performance and reliability.
(12) The table in Annex II to Regulation (EU) 2019/2144 containing the list of requirements referred to in Article 4(5) and Article 5(3) of that Regulation does not contain any reference to regulatory acts as regards intelligent speed assistance systems. It is therefore necessary to add a reference to this Regulation in that Annex.
(13) Regulation (EU) 2019/2144 should therefore be amended accordingly.
(14) As Regulation (EU) 2019/2144 is to apply from 6 July 2022, this Regulation should apply from the same date(15) The provisions of this Regulation are closely linked, as they deal with rules concerning the specific test procedures and technical requirements for the type-approval of motor vehicles with regard to their intelligent speed assistance systems and for the type-approval of those systems as separate technical units. As a result of the rules laid down in this Regulation, it is necessary to add a reference to this Regulation in Annex II to Regulation (EU) 2019/2144. It is therefore appropriate to lay down those provisions in a single Delegated Regulation.