Protection of pedestrians and vulnerable road users

SUMMARY OF:

Regulation (EC) No 78/2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users

WHAT IS THE AIM OF THE REGULATION?

To reduce the number and severity of injuries arising from road accidents involving the fronts of motor vehicles, it introduces requirements and measures to ensure the better protection of pedestrians and other vulnerable road users*.

KEY POINTS

The regulation lays down requirements for constructing and operating motor vehicles and frontal protection systems.

Vehicle types covered

The regulation applies to:

motor vehicles of category M1 (essentially passenger cars) defined in Annex II of Directive 2007/46/EC — Motor vehicles — EU type-approval system;
motor vehicles of category N1 (essentially light goods vehicles of up to 3,500 kg in weight) defined in Annex II of Directive 2007/46/EC;
frontal protection systems of those vehicles, fitted as original equipment to the vehicles or supplied as separate units.

Manufacturer obligations

Manufacturers:

must ensure that vehicles placed on the market are equipped with a type-approved brake assist system;
may add a frontal protection system which must comply with the criteria laid down in this regulation;
must communicate data on the specifications and test conditions of the vehicles to the vehicle approval authorities.

The manufacturer must submit to the authorities an application for EC type-approval in the form of an information document containing:

general information;
construction characteristics; and
information relating to the bodywork of the vehicle.

Obligations of EU countries’ authorities

The approval authority must grant EU type-approval by type of vehicle where the relevant requirements are met by the manufacturer.
One of three letters is granted according to the requirements met by the vehicle, namely:
- A (corresponding to the first level of minimum protection);
- B (corresponding to the second level of protection); or
- X (corresponding to a level of protection for certain specific vehicles).

National authorities must not grant EU type-approval if the frontal protection system does not meet the relevant requirements laid down in this regulation. However, vehicles equipped with collision avoidance systems may not have to fulfil these requirements in the future, upon assessment by the European Commission.

Implementing rules

Commission Regulation (EC) No 631/2009 lays down detailed rules for the implementation of Annex I of the regulation relating to the technical requirements necessary to carry out tests.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 24 November 2009 with the exception of:

Articles 4(6) and 9(9) which have applied since 24 February 2009;
Article 9(2) to (8) which apply from various dates, over a period extending as far as 24 August 2019).

BACKGROUND

Besides the type-approval measures covered in Regulation (EC) No 78/2009, the EU has also adopted Directive 2010/40/EU — The deployment of intelligent transport system in Europe. Such intelligent transport systems-based road safety and security applications have proved their effectiveness, but the overall benefit for society depends on their wider deployment.

For more information, see:

Road safety (European Commission)
Intelligent transport systems (European Commission).

KEY TERMS

Vulnerable road users: non-motorised road users such as pedestrians and cyclists as well as motor-cyclists and persons with disabilities or reduced mobility and orientation.

MAIN DOCUMENT

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (OJ L 35, 4.2.2009, pp. 1-31)

Successive amendments to Regulation (EC) No 78/2009 have been incorporated into the original text. This consolidated version is of documentary value only.