ETRA Regulation Dealers Interest

The European Twowheel Retailers’ Association (ETRA) reports that it finds the review of motorcycle type-approval, the Draft Report presented to the Internal Market and Consumer Protection (IMCO) Committee of the European Parliament, is not fully in line with dealers’ interests yet.

ETRA is also concerned that some of the proposals could be interpreted by public authorities that certain motorcycle parts can be sold only to consumers able to prove to own specific vehicles intended exclusively for racing.

This would mean that many motorcycle enthusiasts that enjoy spending their free time going to track days with their type approved vehicles will not have access to such parts.

At Right To Right we also have concerns that this will affect riders that purchase enduro and trial motorcycles, which are proposed as a new category in type approval so that they are excluded from the mandatory introduction of ABS because of their “pure off road” abilities and competition use.

However although trial and enduro motorcycles are used for organised competitions they are also used by many motorcycle enthusiasts who enjoy spending their free time riding on unsurfaced roads which may also be public roads. These motorcycles can also be used on “normal” roads and must, like any other road going motorcycle, be road legal with number plates, silencers, tax and insurance.

In both these examples riders would not use these motorcycles exclusively for racing and neither would these riders require a competition licence to use motorcycles for these purposes.

So although they may be specific vehicles intended exclusively for racing in some circumstances their design and use would be dual purpose.

Although ETRA has proposed an amendment so that motorcyclists are not obliged to be asked for proof of ownership by dealers for vehicles which are intended exclusively for competition as to allow access to such parts to motorcyclists, there appears to be a “grey area” in the proposed regulation which needs clarification.

Also not clear is that the proposed new regulation is supposed to apply to new motorcycles after a certain date, but whether it will affect purchasing these parts for fitting to motorcycles manufactured before the new regulation becomes law.

ETRA have also commented on the proposals and welcomes proposes to postpone the application date of the Type Approval Regulation by one year, the exemption from On Board Diagnostic (OBD) for mopeds and access to repair and maintenance information.

ETRA comments that it regrets that the Draft Report asks for the mandatory fitting of ABS on both wheels and points out that the measure is not in line with UNECE Regulation 78 on braking of L category vehicles.

ETRA finds the review of motorcycle type-approval not fully in line with dealers’ interests yet

9th June 2011

End of May, Dutch MEP and keen motorcyclist Wim van de Camp MEP has presented his Draft Report on the review of the type-approval to the Internal Market and Consumer Protection (IMCO) Committee of the European Parliament. ETRA attended the meeting.

As for motorcycles, ETRA warmly welcomes the Draft Report that has taken into account some of our concerns but regrets that some delicate issues have not been dealt with. Therefore, ETRA has entered into new discussions for further improvements.

The Draft Report suggests various amendments to the Type Approval Regulation as proposed by the European Commission. First and foremost the Draft Report proposes to postpone the application date of the Type Approval Regulation by one year, from January 2013 to January 2014. ETRA welcomes this amendment, convinced that the industry and sector in general, which has hardly recovered from one of its most serious crises ever witnessed, need sufficient lead time to adapt to the new provisions.

Mr Van de Camp also suggests to widen the scope of the Regulation so as to include enduro and trial motorbikes as long as they are not exclusively intended for off-road use or competition. On the other hand his Draft Report explicitly excludes those motorcycles from the mandatory introduction of ABS, which meets the concerns of ETRA and the whole motorcycle community.

Furthermore, the document contains a series of amendments that are strongly supported by ETRA such as the exemption from On Board Diagnostic (OBD) for mopeds (L1B category). ETRA has always argued that the mandatory fitting of OBD on such small and affordable vehicles would considerably increase their production cost, hence also their selling cost.

The Draft Report also clarifies that, after modifications of the powertrain (article 18 of the Commission’s proposal), vehicles would only need to be compliant to the same requirements as were applicable when the original vehicle had entered into service and not also to the latest amendments to the requirements as provided for in the Commission’s proposal.

ETRA welcomes the statement in favour of access to repair and maintenance information. We believe that the measure will ensure a level playing field in the service sector. However we will continue working to ensure that the above-mentioned access is granted to all the information needed including details on safety and security issues, like anti-theft devices.

Finally, ETRA is glad to note that the Rapporteur supports the mandatory introduction of affordable advanced braking systems (combined brake system (CBS) or anti-lock brakes systems (ABS) on all new motorcycles in line with the Commission’s proposal, and as mentioned above, with the exception of enduro and motorcycles. However, ETRA regrets that the Draft Report asks for the mandatory fitting of ABS on both wheels. The measure, which is not in line with UNECE Regulation 78 on braking of L category vehicles, will have no real safety benefits, whilst increasing costs considerably.

ETRA regrets that the Draft Report has left some of our main concerns unanswered, such as the provisions on end of series and on systems, components and separate technical units. Although van de Camp’s proposal is to increase the number of end of series to 50 vehicles per Member State, ETRA still firmly believes that the limit should be raised to 100 as contained in Directive 2002/24/EC. ETRA believes that the limit must take into account the economic reality and the needs of PTW distribution. For dealers, end of series provisions are of direct concern as it allows them to sell out units still on their showroom floor, often purchased (early) in the previous year.

As for Article 52 on system components and separate technical units, the draft report has left the current text practically unchanged. Once again ETRA wants to express its concerns on this provision and on the negative effects it can have on the sales and service sector. If it is left unchanged it will result in preventing the sale of all systems, components or separate technical units, which have dual use, for both sport activities not taking place on public roads and for road use.

Furthermore, the third paragraph of Article 52 may well cause another serious problem. Although it is clear that this paragraph allows the sale to consumers of all systems, parts and components that are produced for vehicles intended exclusively for racing on roads, the wording as it stands now, can lead to restrictive interpretations. For example, public authorities might interpret the provision in that those parts can be sold only to consumers able to prove to own specific vehicles intended exclusively for racing. This would entail that many motorcycles enthusiasts that enjoy spending their free time going to track days with their type approved vehicles will not have access to such parts.

In order to avoid, on the one hand, having an extra burden on dealers, who would find themselves obliged to ask proof of ownership of vehicles intended exclusively for competition, and on the other hand, to allow access to such parts to motorcyclists, ETRA will propose to modify its wording as follows: “Paragraph 1 shall not apply to systems, components or separate technical units intended exclusively for racing on roads.”

ETRA continues to lobby the Rapporteur and the IMCO Committee in order to have these concerns taken into account.

Original Source The European Twowheel Retailers’ Association (ETRA) – Click Here

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