Post by derek on Oct 26, 2012 12:18:42 GMT
IMCO Follows Through!
18th October 2012
On Thursday the 11th October 2012 without much fuss, the IMCO (Internal Market and Consumer Protection) voted on the Approval and market surveillance of two – or three-wheel vehicles and quadricycles.
The regulation proposal, (more commonly known in the motorcycle world as the “Anti-tampering proposal”) covering items such as, Type Approval, Emissions and Safety, received 31 votes in favour with one abstention.
The text agreed between the IMCO Committee of MEPs, European Council and European Commission, now sees the proposal going to the European Parliament for a plenary vote, scheduled at present for 19th November.
You may ask – where is the agreed proposal and can I get a hold of it?
The simple answer is that it is not publicly available at this stage.
We have been informed that a battalion of lawyer linguists from the Council and the European Parliament are scrutinising the text to weed out inconsistencies and linguistic errors and produce versions in all official European languages. There will also be shortly a review with experts from the Member States to ensure that the text has the same meaning in all these languages.
After the scheduled vote in the Parliament on the 19th November, the text will be publicly available and an official publication of the text in the Official Journal should be in place at the beginning of 2013.
Major Change
One major change has occurred which is that the text was modified in such a way that makes it absolutely clear that the powertrain tampering prevention measures are directed at vehicle manufacturers at type-approval.
This means that L3e-A3 and L4e-A3 category motorcycles (full powered motorcycles and full powered motorcycles and sidecars) are, as we reported, explicitly excluded from the scope of Article 18 which lays out anti-tampering.
This Article18 which was originally entitled, “Measures regarding modifications to the powertrain of vehicles…” caused much angst amongst riders and led to furious debate and demonstrations.
This text was changed significantly in a report from IMCO regarding the agreed IMCO amendments to the proposal which was published on the 4th January 2012.
The text reads, “Measures for manufacturers regarding tampering with L-category vehicles” so a modification, which we have always said refers to legal modifications by riders, has been removed and replaced with anti-tampering, which we have always said refers to the illegal tampering/modification of a motorcycle.
Although we had been assured by our contact in the IMCO Committee and subsequently reported that L3e-A2 category vehicles (medium powered) were not included in these anti-tampering measures, it would now appear that this was not quite the case and that this category is within the scope of the measures in Article 18.
Scope of the Regulation
Before you throw your legislative teddy in the corner, you need to consider that this is for new motorcycles restricted to 35Kw which are included as a new category of motorcycle through the 3rd European Driving Licence to be introduced in January 2013.
Because the L3e-A2 category vehicle is within the scope of the regulation in Article 18, there will be certain rules concerning possible anti-tampering measures. The wording of the proposal in terms of anti-tampering measures includes the definition of the powertrain which is outlined as:
“Powertrain’ means the components and systems of a vehicle that generates power and delivers it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).”
So by definition, not included in the powertrain are modifications to upgrade suspension, brakes, change the handlebars, fit a different screen or fit luggage.
Recommendation
With regards to anti-tampering measures and restrictions, in the USA, there is a very simple way of identifying whether a motorcycle is restricted and the method of preventing tampering is equally simple: .................
Read the article in full and download as a pdf on Right To Ride EU - www.righttoride.eu/?p=10386
Issued by
Trevor Baird
www.righttoride.co.uk
www.righttoride.eu
www.rideitright.org
www.firstaidforriders.org
trevor.baird@righttoride.co.uk
Mobile: 07747604119
Phone: 02842 757131
18th October 2012
On Thursday the 11th October 2012 without much fuss, the IMCO (Internal Market and Consumer Protection) voted on the Approval and market surveillance of two – or three-wheel vehicles and quadricycles.
The regulation proposal, (more commonly known in the motorcycle world as the “Anti-tampering proposal”) covering items such as, Type Approval, Emissions and Safety, received 31 votes in favour with one abstention.
The text agreed between the IMCO Committee of MEPs, European Council and European Commission, now sees the proposal going to the European Parliament for a plenary vote, scheduled at present for 19th November.
You may ask – where is the agreed proposal and can I get a hold of it?
The simple answer is that it is not publicly available at this stage.
We have been informed that a battalion of lawyer linguists from the Council and the European Parliament are scrutinising the text to weed out inconsistencies and linguistic errors and produce versions in all official European languages. There will also be shortly a review with experts from the Member States to ensure that the text has the same meaning in all these languages.
After the scheduled vote in the Parliament on the 19th November, the text will be publicly available and an official publication of the text in the Official Journal should be in place at the beginning of 2013.
Major Change
One major change has occurred which is that the text was modified in such a way that makes it absolutely clear that the powertrain tampering prevention measures are directed at vehicle manufacturers at type-approval.
This means that L3e-A3 and L4e-A3 category motorcycles (full powered motorcycles and full powered motorcycles and sidecars) are, as we reported, explicitly excluded from the scope of Article 18 which lays out anti-tampering.
This Article18 which was originally entitled, “Measures regarding modifications to the powertrain of vehicles…” caused much angst amongst riders and led to furious debate and demonstrations.
This text was changed significantly in a report from IMCO regarding the agreed IMCO amendments to the proposal which was published on the 4th January 2012.
The text reads, “Measures for manufacturers regarding tampering with L-category vehicles” so a modification, which we have always said refers to legal modifications by riders, has been removed and replaced with anti-tampering, which we have always said refers to the illegal tampering/modification of a motorcycle.
Although we had been assured by our contact in the IMCO Committee and subsequently reported that L3e-A2 category vehicles (medium powered) were not included in these anti-tampering measures, it would now appear that this was not quite the case and that this category is within the scope of the measures in Article 18.
Scope of the Regulation
Before you throw your legislative teddy in the corner, you need to consider that this is for new motorcycles restricted to 35Kw which are included as a new category of motorcycle through the 3rd European Driving Licence to be introduced in January 2013.
Because the L3e-A2 category vehicle is within the scope of the regulation in Article 18, there will be certain rules concerning possible anti-tampering measures. The wording of the proposal in terms of anti-tampering measures includes the definition of the powertrain which is outlined as:
“Powertrain’ means the components and systems of a vehicle that generates power and delivers it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).”
So by definition, not included in the powertrain are modifications to upgrade suspension, brakes, change the handlebars, fit a different screen or fit luggage.
Recommendation
With regards to anti-tampering measures and restrictions, in the USA, there is a very simple way of identifying whether a motorcycle is restricted and the method of preventing tampering is equally simple: .................
Read the article in full and download as a pdf on Right To Ride EU - www.righttoride.eu/?p=10386
Issued by
Trevor Baird
www.righttoride.co.uk
www.righttoride.eu
www.rideitright.org
www.firstaidforriders.org
trevor.baird@righttoride.co.uk
Mobile: 07747604119
Phone: 02842 757131