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S.L. 427.23 · Ec Type-Approval Of Motor Vehicles (S.L. 427.23)

S.L. 427.23 Art. 3Definitions.

In KraftAmtlicher Text

For the purposes of these regulations, the following definitions shall apply:

"the 1958 Agreement" means the Revised Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts, done at Geneva on 20 March 1958; "the Act" means the Product Safety Act; "approval authority" means the authority, in Malta, with competence for all aspects of the approval of a type of vehicle, system, component or separate technical unit; for the authorisation process, for issuing and, if appropriate, withdrawing approval certificates; for acting as the contact point for the approval authorities of other Member States; for designating the technical services and for ensuring that the manufacturer meets his obligations regarding the conformity of production; "base vehicle" means any vehicle which is used at the initial stage of a multi-stage type-approval process; "certificate of conformity" means the document set out in Schedule IX, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with these regulations complied with all regulatory acts at the time of its production; "competent authority" means the approval authority in Malta;

"complete vehicle" means any vehicle which need not be completed in order to meet the relevant technical requirements of these regulations; "completed vehicle" means a vehicle, resulting from the process of multi-stage type-approval, which meets the relevant technical requirements of these regulations; "component" means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved independently of a vehicle where the regulatory act makes express provisions for so doing; "the Directive" means Directive 2007/46/EC of the European Parliament and of the Council of 5 September, 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; "Director" shall have the same meaning assigned to it by article 2 of the Act; "EC type-approval" means the procedure whereby the Regulatory Affairs Directorate within the Malta Standards Authority -hereinafter referred to as the approval authority in Malta - or its equivalent authority in another Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of these regulations and of the regulatory acts listed in Schedule IV or XI; "EC type-approval certificate" means the certificate set out in Schedule VI or in the corresponding schedule to a separate directive or regulation, the communication form set out in the relevant Schedule to one of the UNECE Regulations listed in Schedule IV, Part I or Part II, being deemed to be equivalent thereto; "hybrid electric vehicle" means a hybrid vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy and, or power:

- a consumable fuel, - an electrical energy and, or power storage device, such as a battery, a capacitor, a flywheel and, or a generator, or other such-like equipment; "hybrid motor vehicle" means a vehicle with at least two different energy converters and two different energy storage systems (on-vehicle) for the purpose of vehicle propulsion; "incomplete vehicle" means any vehicle which must undergo at least one further stage of completion in order to meet the relevant technical requirements of these regulations;

"index to the information package" means the document listing the contents of the information package, suitably numbered or otherwise marked so as to identify clearly all the pages, the format of that document being such as to present a record of the successive steps in the management of the EC type-approval, in particular the dates of the revisions and updating; "information document" means the document set out in Schedule I or Schedule III, or in the corresponding schedule to a separate directive, or regulation, that prescribes the information to be supplied by an applicant, it being permissible to supply the information document in the form of an electronic file; "information folder" means the complete folder, including the information document, file, data, drawings, photographs, and other related data, supplied by the applicant, it being permissible to supply the information folder in the form of an electronic file;

"information package" means the information folder accompanied by the test reports and all other documents added by the technical service or by the approval authority to the information folder in the course of carrying out their functions, it being permissible to supply the information package in the form of an electronic file; "manufacturer" means the person or body who is responsible to the approval authority for all aspects of the type-approval or authorisation process and for ensuring conformity of production. It is not essential that the person or body be directly involved in all stages of the construction of the vehicle, system, component or separate technical unit which is the subject of the approval process; "manufacturer’s representative" means any natural or legal person established in the Community who is duly appointed by the manufacturer to represent him before the approval authority and to act on his behalf in matters covered by these regulations, and where reference is made to the term "manufacturer", it is to be understood as indicating either the manufacturer or his representative; "mixed type-approval" means a step-by-step type-approval procedure for which one or more system approvals are achieved during the final stage of the approval of the whole vehicle, without it being necessary to issue the EC type-approval certificates for those systems; "mobile machinery" means any self-propelled vehicle which is designed and constructed specifically to perform work which, because of its construction characteristics, is not suitable for carrying passengers or for transporting goods. Machinery mounted on a motor vehicle chassis shall not be considered as mobile machinery;

"motor vehicle" means any power-driven vehicle which is moved by its own means, having at least four wheels, being complete, completed or incomplete, with a maximum design speed exceeding 25 km per hour; "multi-stage type-approval" means the procedure whereby one or more approval authorities, depending on the state of completion, an incomplete or completed type of vehicle satisfies the relevant administrative provisions and technical requirements of these regulations; "original parts or equipment" means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts or equipment for the assembly of the vehicle in question. This includes parts or equipment which are manufactured on the same production line as these parts or equipment. It is presumed, unless the contrary is proven, that parts constitute original parts if the part manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer; "regulatory act" means a separate directive or regulation or a UNECE Regulation annexed to the Revised 1958 Agreement; "separate directive or regulation" means a directive or regulation listed in Schedule IV, Part I. This term includes also their implementing acts;

"separate technical unit" means a device, subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved separately, but only in relation to one or more specified types of vehicle where the regulatory act makes express provisions for so doing; "single-step type-approval" means a procedure consisting in the approval of a vehicle as a whole by means of a single operation; "step-by-step type-approval" means a vehicle approval procedure consisting in the step-by-step collection of the whole set of EC type-approval certificates for the systems, components and separate technical units relating to the vehicle, and which leads, at the final stage, to the approval of the whole vehicle; "system" means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of any of the regulatory acts; "technical service" means an organisation or body, designated by the approval authority, as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority, it being possible for the approval authority itself to carry out those functions;

"trailer" means any non-self-propelled vehicle on wheels which is designed and constructed to be towed by a motor vehicle;

"type-approval" means the procedure whereby the approval authority or its equivalent in another Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements;

"type-approval certificate" means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is approved; "type of vehicle" means vehicles of a particular category which do not differ in at least the essential respects specified in Schedule II, Section B. A type of vehicle may contain variants and versions as defined in Schedule II, Section B;

"UNECE Regulation" means the United Nations Economic Commission for Europe (UNECE) Regulation which is annexed to the Revised 1958 Agreement concerning uniform provisions concerning the approval of wheels for passenger cars and their trailers and any amendments thereto;

"vehicle" means any motor vehicle or its trailer as defined in the definitions of "motor vehicle" and "trailer";

"vehicle registration authority" means the Authority for Transport in Malta as established by the Authority for Transport in

Malta Act; "virtual testing method" means computer simulations including calculations which demonstrate whether a vehicle, a system, a component or a separate technical unit fulfils the technical requirements of a regulatory act. For testing purposes, a virtual method does not require the use of a physical vehicle, system, component or separate technical unit.

Änderungsgeschichte
  • Amended by L.N. 418 of 2016