National type-approval or individual type approval and approval
LexInter | August 27, 2003 | 0 Comments

National type-approval or individual type approval and approval

Article R321-15

   Before being put into service and in the absence of EC type-approval, any motor vehicle, any trailer or any part of a vehicle with a total authorized laden weight greater than 500 kilograms, any semi-trailer must be subject to national type-approval carried out either by type at the request of the manufacturer, or separately at the request of the owner or his representative.
However, as regards vehicles or vehicle components which are not manufactured or assembled in the territory of a Member State of the European Union, type-approval is only permitted if the manufacturer has a representative in France. specially accredited to the Minister in charge of transport. In this case, it takes place at the request of said representative.
The Minister in charge of transport determines by decree the vehicle components subject to acceptance as well as the special conditions to which the various vehicle components are subject to ensure the compliance of vehicles formed from components with the provisions of this code.
The Minister in charge of transport fixes the list of public works equipment, called to be used normally on the roads, which must be the object of an acceptance.
Trailers or agricultural implements intended to be coupled to a tractor or to a self-propelled agricultural machine, if they are mounted on solid tires or if, being fitted with pneumatic tires, their permissible gross weight (GVWR) is less than 1, 5 tonnes, are not subject to the acceptance requirement.
The provisions of this article are not applicable to vintage vehicles.

 

Article R321-16

   Any single vehicle or component of a vehicle that has undergone significant transformations is subject to a new type-approval. The owner of the vehicle or part of the vehicle must request this new acceptance from the Prefect.
The Minister in charge of transport defines the notable transformations necessitating a new reception.

 

Article R321-17

   Any motor vehicle or trailer, the dimensions or weights of which exceed the regulatory limits and whose movement is subject to the authorization required for the exceptional transport of goods, machinery or vehicles, must, before being put into service , be the subject of a reception by the regional directorate of industry, research and the environment, under the authority of the minister in charge of transport who fixes, by decree, the conditions of application of this article .
All public works equipment whose dimensions or weights exceed the regulatory limits, occasionally required to circulate on the roads and whose movement is subject to the authorization required for exceptional transport, must meet the requirements set by order of the Minister responsible for transport.

Article R321-18

   The Minister in charge of transport determines the categories of vehicles which, when their bodywork is mounted on a chassis that has already been approved, can only be put into circulation after a new approval made by the regional directorate for industry, research and the environment.

Article R321-19

   The approval request must be accompanied by a descriptive notice under the conditions set by the Minister in charge of transport and giving the characteristics of the vehicle or the component of the vehicle or the type of vehicle or the component of the vehicle necessary for the verifications. the regional directorate for industry, research and the environment.

Article R321-20

   At the time of acceptance of a vehicle or part of a vehicle, the manufacturer must declare the maximum permissible weight for which the vehicle is built as well as the maximum permissible weight on each axle. He must also declare, in the case of a motor vehicle, the permissible total rolling weight of the combination of vehicles or of the articulated vehicle that can be formed from this motor vehicle.
The maximum authorized weight of a vehicle or part of a vehicle and the maximum authorized weight for each axle are set by the regional directorate for industry, research and the environment upon acceptance of this vehicle, within the limit of the maximum admissible weights declared by the manufacturer. One or more total authorized weights are then set by the regional directorate for industry, research and the environment within the limit of the maximum authorized weight.
The maximum authorized rolling weight of combinations of vehicles or articulated vehicles that can be formed from a motor vehicle is set by the regional directorate for industry, research and the environment upon acceptance. of this vehicle within the limit of the permissible total rolling weight declared by the manufacturer. One or more total authorized rolling weights are then set for this vehicle by the regional directorate for industry, research and the environment, within the limit of the maximum authorized rolling weight.
The Minister in charge of transport fixes by decree the modalities of application of this article.

Article R321-21

   When the vehicle presented meets the regulatory requirements, the regional directorate for industry, research and the environment draws up an acceptance report of these operations, a shipment of which is given to the applicant. The model of this report is fixed by the Minister in charge of transport.

Article R321-22

   The manufacturer gives each vehicle, conforming to a type which has been the subject of an acceptance report, a serial number in the series of the type to which the vehicle belongs and he gives the buyer a copy of the acceptance report as well as a certificate attesting that the delivered vehicle fully complies with the description of the type.
The model of this certificate, known as the certificate of conformity, is set by the Minister responsible for transport.
For vehicles which are not manufactured or assembled on the territory of a Member State of the European Union, the certificate of conformity must be signed, for the manufacturer, by his representative accredited in France.

Article R321-23

   Officials from the regional directorate for industry, research and the environment may collect free vehicles or vehicle components, the type of which has been approved, from manufacturers, importers or resellers in in order to check the conformity of these vehicles with the descriptive notices of the approved prototypes.
After inspection, the vehicles are returned. If it appears that the vehicles checked do not comply with the descriptive notice of the approved prototype, the acceptance report may be canceled by decision of the Minister responsible for transport.

Article R321-24

   The benefit of the approval of a motor vehicle equipment device belongs to the person who requested it and who retains the responsibility for the manufacture, that is to say either to the manufacturer or to any other person having manufactured on his behalf by a manufacturer. In the event of a transfer, the transferor and the concessionaire must immediately notify the Minister responsible for transport. The names of the manufacturer or successive contractors, if applicable, must be communicated to the Minister in charge of transport; the latter can have any control carried out and decide, if necessary, to withdraw the approval on a proposal from the reception commission for headlamps and equipment for road vehicles.
If the manufacturer is not established in a State of the European Union, approval can only be granted to its representative in France, duly accredited to the Minister responsible for transport.
Officials and agents duly authorized by the Minister in charge of transport may take free samples of approved devices in order to check their conformity with the approved type.
After testing, the devices removed are returned if the tests and checks carried out have not destroyed them. They are kept by the reception commission for headlamps and equipment devices for road vehicles in the opposite case.
When the devices sampled do not conform to the approved type with regard to materials, shape and dimensions or if their characteristics are outside the limits set by the specifications to which the devices must conform, type approval may be withdrawn by decision of the Minister responsible for transport, on a proposal from the reception commission for headlamps and equipment devices for road vehicles.
The withdrawal of the approval of a type entails the suspension of the sale and delivery of the devices bearing the approval number of this type within the time limits set by the decision to withdraw.

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