EUROPEAN COMMISSION - Meeting MCWG L - Category vehicles Brussels, 28th March of 2017 POWER RESTRICTORS FOR EURO 4 MOTORCYCLES National Association of Motorcycle Power Restrictors Manufacturers (ANFLI)
INDEX 1 2 3 4 5 6 7 8 ANFLI presentation and adopting companies. Subject matter of the presentation. Euro 4 Regulations. Regulation (EU) No. 44/2014. Power restriction: anti-tampering guarantee. Reasons to allow power restrictors for EURO 4 motorcycles. Summary and conclusions. Our proposal.
1.1. ANFLI PRESENTATION Spanish National Association aiming to protect the interests of the manufacturers and users of motorcycles power restrictors. 1.2. ADOPTING COMPANIES A.T. Motorcycles & Kits, S.L. (Atimpex) Thunderbikes Innova, S.L. (Thunderbikes) World Motor Bike, S.L. (World Motor Bike)
2. SUBJECT MATTER OF THE PRESENTATION Set that Regulations (EU) 168/2013, 3/2014, 44/2014 and 901/2014 are referred to the administrative and technical requirements necessary for the Approval Type, the testing procedures for manufacture and homologation, etc. of new motorcyles. On the other hand, such regulations are not applicable to the currently registered motorcycles modifications, that should comply with the provisions of the National Legislation of each member state of the EU. - (EU) 168/2013. - (EU) 3/2014. - (EU) 44/2014. - (EU) 901/2014. National Legislation NEW motorcycles REGISTERED motorcycles Conversion L3e-A3 into L3e-A2 Power restriction L3e-A3 Establish the difference between the conversion from L3e-A3 to L3e-A2 subcategories and viceversa, and the power restriction from L3e-A3 subcategory to comply with the Directive 2006/126/EC regarding the A2 driving licence.
3. EURO 4 REGULATIONS Article 1 of Regulation (EU) No. 168/2013 states: This Regulation establishes the administrative and technical requirements for the type-approval of all new vehicles, systems, components and separate technical units referred to in Article 2(1). Article 1 of Regulation (EU) No. 3/2014, states: This Regulation establishes the detailed technical requirements and test procedures regarding functional safety for the approval and market surveillance of L-category vehicles. Article 1 of Regulation (EU) No. 44/2014, states: : This Regulation establishes the detailed technical requirements and test procedures regarding vehicle construction and general requirements for the approval of L-category vehicles Article 1 of Regulation (EU) No. 901/2014, states: This Regulation provides for the implementing measures referred to in Article 72 of Regulation (EU) No 168/2013 to establish uniform conditions for the implementation of the administrative requirements for the approval of new two- or three-wheel vehicles and quadricycles. The litteral meaning of those articles clearly states that such regulatins apply only to NEW MOTORCYCLES, in no part of such articles and regulations is stated that modifications of already registered vechicles have to comply with them. - (EU) 168/2013. - (EU) 3/2014. - (EU) 44/2014. - (EU) 901/2014. NEW motorcycles
4. REGULATION (EU) 44/2014 The interpretative doubt is in this Regulation, in concrete in the Annex III, section 4.3, that states Conversion of the (L3e/L4e)-A2 to the (L3e/L4e)-A3 configuration or vice versa shall only be performed and controlled by the motorcycle manufacturer. Which means that only the manufacturer can carry out the vehicle conversion before its registration, and implicitly also after. (EU) 44/2014. Annex III. Section 4.3 Only the manufacturer CONVERSION before and after registration But to comply with the directive 2006/126/EC regarding the A2 driving licence there has to be a differentiation between the conversion from a subcategory into another and the power restriction, that would apply only to already registered motorcycles of subcategory L3e-A3. For that reason, this matter should not be treated as conversion to the subcategory L3e-A2, but as a temporary modification that would be valid until the driver obtained the A driving licence. 2006/126/EC (A2 driving licence) (EU) 44/2014 National Legislation CONVERSION L3e-A3 into L3e-A2 L3e-A2 into L3e-A3 POWER RESTRICTION (Temporary modification after registration) Only for L3e-A3 Only the manufacturer Manufacturers and Independent Operators
5. POWER RESTRICTION: ANTI-TAMPERING GUARANTEE It is made up of a 1 mm section steel wire of high resistance and a seal of acetal resin seal which can resist high temperatures, and has a serial number. Depending on the power restrictor device, the wire and the seal are installed in different and very safe ways.
Anti-tampering system in an electronic power restrictor device. (The wire is strongly rolled around the conectors):
Anti-tampering system in restriction washers. Washer Intake manifold Clamp Clamp screw
6. REASONS TO ALLOW POWER RESTRICTORS FOR EURO 4 MOTORCYCLES. It allows new drivers to gain experience with safety, adapted to the European Union National Laws that regulate driving licences, increasing road safety and thus reducing the accident rate. It helps to comply with the principle of progressive access enshrined in the Directive 2006/126/EC. It allows these drivers to acquire motorcycles adapted to the requirements of their driving licence, without having to buy others that they do not want, that would produce them an obvious economic damage. It revitalizes the commercial and industrial activity of motorcycle stores and workshops, TUVs, Technical Services, Certification Laboratories, engineering companies, etc. It creates companies and jobs, which increase consumption and wealth in the country. It raises more direct and indirect taxes for the State. Follow the example of Germany, where power restrictors devices are already being carried out by independent operators. It covers the needs of the sector and users, and therefore there should be no objective causes that prevent its authorization. POWER RESTRICTION It benefits and covers needs of users and the sector.
7. SUMMARY AND CONCLUSIONS We understand that regulation (EU ) 168/2013 and all its delegated regulations only refer to NEW MOTORCYCLES. That in Regulation (EU) 44/2014 there is an interpretative doubt about the conversion in Annex III, section 4.3, which states: Conversion of the (L3e/L4e)-A2 to the (L3e/L4e)-A3 configuration or vice versa shall only be performed by the motorcycle manufacturer from which the following conclusions are drawn: That before registration of the motorcycle, only the manufacturer can do that conversion, and not the independent operators that are dedicated to the power restriction, anyway, this does not prevent that they can do it once the motorcycle has been registered. Understanding that these Independent Operators are not to be expelled from the market and to harmonize the Directive 2006/126 / EC with Regulation (EU) 44/2014., another interpretation of that section should be made to clarify the matter. That the power restriction of registered motorcycles is regulated by the National Legislation of each member of the EU. Spain is the country with most requirements, controls, surveillance and security with power restriction. If the power restriction could not be done through independent operators and could only be carried out by the motorcycle manufacturer, it would leave users without other options and expel those operators from the market, which would prevent free competition, establishing a monopoly, all of which goes against the essential principles of the European Union. EURO 4 Regulations NEW motorcycles (EU) 44/2014 Conversion before registration Only manufacturers National Legislation REGISTERED motorcycles Manufacturers and independent operators
8. OUR PROPOSAL Notwithstanding, according to the provisions of section 4.3 of Annex III of Regulation (EU) 44/2014, which states that: Conversion of the (L3e/L4e)-A2 to the (L3e/L4e)-A3 configuration or vice versa shall only be performed by the motorcycle manufacturer, we request: Give a favorable interpretation that allows us to continue our activity, in where it is unequivocally reflected that independent operators can perform the power restriction of registered motorcycles, in order to harmonize it with Directive 2006/126/EC and each National Legislation of the A2 driving licence. That this temporary modification would affect only to the motorcycles of the subcategory L3e-A3, whose series power does not exceed 70 kw, with one or two type approvals, without necessarily having to suppose a conversion to the subcategory L3e-A2, but as a conditioned modification until the driver obtained A driving licence and then be able to uninstall the power restrictor device by returning the motorcycle to the original power. That for greater security, each power restrictor device should incorporate Anti Tampering system. (EU) 44/2014 Annex III Section 4.3 Favorable interpretation To allow the power restriction as a temporary requirement on registered motorcycles Manufacturers Independent Operators