Transmitted by the expert of Ukraine
document IWVTA-SG58-18-04
The current edition of 1958 Agreement (as from 1995) doesn’t provides three essential
provisions and hence has the following gaps (lacks):
1. The scope of the Agreement (in the part of vehicle categorisation) has not been clearly
defined;
2. The list of type approval procedure operators in the framework of Agreement and
annexed UN Regulations – both type approval authorities and technical services – has not been
defined at all;
3. The procedure for designation and notification of technical services has not been
established.
On the other hand there are three official documents adopted by WP.29 and published on
the UNECE web-site:
1. Consolidated Resolution on the Construction of Vehicles (R.E.3) – concerning the scope of
the Agreement;
2. ECE/TRANS/WP.29/343/… - Status of the Agreement, of the annexed Regulations and of
the amendments thereto – concerning type list of designated approval authorities and technical
services;
3. ECE/TRANS/WP.29/1059 Resolving interpretation issues and requirements for the
technical services in the framework of the 1958 Agreement.
The problem is that unlike the text of the 1958 Agreement and annexed UN Regulation,
having the highest degree of power for instance in case of Ukrainian legislation, these three
WP.29 official documents doesn’t have the legal status. There is no sharp traceability and
connection between 1958 Agreement and the above said WP.29documents.
Moreover, the text of the Revision 3 of the 1958 Agreement refers to vehicle categories
(M, N…) but it doesn’t defines the meaning of these categories.
This problem has been partly resolved in the Revision 3 of the 1958 Agreement
(ECE/TRANS/WP.29/2015/40).
Namely: the new Schedule 2 Part 1 „Assessment, designation and notification of Technical
Services” has been introduced. The text of that Schedule almost fully repeats the text of
respective part of the EU Framework Directive 2007/46/EC.
The respective provisions prescribed by the 2nd (1995, current), 3rd (proposed revision,
ECE/TRANS/WP.29/2015/40) editions of 1958 Agreement and the EU Framework Directive
2007/46/EC are presented in the table below:
Resolving
Current edition
Issue
of the 1958
Agreement
1. The scope – vehicle
categorisation
2. The list of type authorities
and
technical services
Proposed 3rd
revision
-
2007/46/EC
Annex II.
General
definitions,
criteria for vehicle
categorisation,
vehicle types and
types
of
bodywork.
Schedule 2 Part 1
Article 43.
3.4. The UNECE 5.
The
secretariat
shall Commission shall
Remarks
Not resolved
Partly
resolved
(except of the
Transmitted by the expert of Ukraine
3. The procedure for
designation
and notification
of
technical
services
document IWVTA-SG58-18-04
publish the list and
contact details of the
approval authorities
and
Technical
Services on its
website
(approval
authorities
are
omitted)
Schedule 2 Part 1:
Assessment,
designation
and
notification
of
Technical Services
publish a list and type approval
details regarding authorities)
the
approval
authorities
and
technical services
on its web-site.
Chapter
XVI Fully resolved
Designation and
notification
of
technical services
The proposed ways for resolving the issue #1:
Way #1. To elaborate the new Schedule «General definitions, criteria for vehicle
categorisation, vehicle types and types of bodywork» annexed to the Revision 3 of the 1958
Agreement according to respective provisions of annex II to EU Framework Directive
2007/46/EC.
Way #2. To complete the Article 1 of Revision 3 of the 1958 Agreement with the following
subparagraph:
«For the purposes of this Agreement
…
General definitions, criteria for vehicle categorisation, vehicle types and types of bodywork
are defined in the Consolidated Resolution on the Construction of Vehicles.
The UNECE secretariat shall publish the Consolidated Resolution on the Construction of
Vehicles on its website.».
Way #3. An alternative edition.
The way for resolving the issue #2:
Way #1. To complete the text of Revision 3 of the 1958 Agreement with the following
subparagraph:
«The UNECE secretariat shall publish the List of Type Approval Authorities and Technical
Services designated by the respective governments, Parties to the 1958 Agreement on its
website.».
Way #2. An alternative edition.