Road circulation proposal – first analysis

The proposed regulation specifically covers NRMM with a maximum design speed of 40 km/h, which comprises the majority of the market.  Article 2(2) lists the cases where the regulation doesn't apply. For example, it doesn't apply to NRMM with more than three seats or machinery that is mainly used to move people, or to vehicles that are covered by other EU regulations about motor vehicles, tractors, trailers, and towed equipment.  

Among the key provisions, it is possible to preliminarily identify: 

• Manufacturers of NRMM produced in small series may choose to apply for EU type-approval or comply with relevant national legislation. Only the previous would allow EU-wide free movement. 

• Member States shall permit the placing on the market, registration or entry into service of only non-road mobile machinery that satisfies the requirements set out in the proposal; and they have to set up and carry out market surveillance activities and checks. Manufacturers, on the other hand, must ensure that they place compliant NRMMs on the market. 
• Manufacturers must provide technical information that does not diverge from the particulars approved by the approval authority. 
• The Commission is empowered to adopt delegated acts to specify the detailed technical requirements, procedures, and tests. The technical requirements should specifically include subjects relating to road safety such as vehicle structure integrity, maximum design speed, speed governor, speed limitation devices, speedometer, braking devices, steering, field of vision, and masses and dimensions. 
• Article 52 foresees a transitional provision allowing Member States to apply any national legislation on national type-approval of NRMM for circulating on public roads for eight years from the date of applicability of the Regulation. In this case, NRMMs compliant with national legislation will not benefit from the free movement. 

The European Commission has already begun discussions with the European Council and Parliament to advance negotiations on the proposal.  

In light of this, CECE is looking forward to collaborating with the industrial task-force composed of fellow industry associations from the NRMM sector, in order to improve the proposal where necessary and ensure its speedy adoption by the legislators.