Whether a company manufactures a complete vehicle or performs only one stage of production, it is subject to legal responsibilities and general obligations as an automotive manufacturer.
This article outlines the general approval-related obligations of manufacturers of vehicles, systems and components in the automotive sector.
Legislation Governing Automotive Production
European Union legislation and United Nations regulations form part of the vehicle approval framework in Türkiye, as they do in many other markets. The current EU framework is Regulation (EU) 2018/858. It defines a broad range of sector requirements and clearly allocates responsibilities among manufacturers, approval authorities and other parties.
What Are the Manufacturer's General Obligations?
The manufacturer is responsible for ensuring that the vehicle, system or component is manufactured and approved in accordance with the requirements of the framework regulation.
Article 13 of Regulation (EU) 2018/858
The manufacturer's responsibility extends beyond approval to post-approval Conformity of Production. Ongoing verification and internal quality-control processes are therefore fundamental.
In multi-stage type approval, the manufacturer responsible for each stage is accountable for the elements affected by the work carried out at that stage. For example, when a tipper body is fitted to a truck, an unchanged windscreen remains within the responsibility of the base-vehicle manufacturer, whereas an affected rear underrun protection system may become the responsibility of the bodybuilder. Clear technical information exchange between the base-vehicle manufacturer and the bodybuilder is therefore essential.
Changes made at each stage, including extensions to an approval, must be communicated to the manufacturer responsible for the next stage. Many base-vehicle manufacturers use bodybuilder portals for this purpose, allowing authorised manufacturers to monitor relevant changes.
In multi-stage manufacture, a manufacturer that changes the vehicle category is responsible for meeting the requirements applicable to the new category.
A manufacturer established outside the European Union must appoint a representative established within the EU when seeking an approval that meets EU type-approval requirements.
Manufacturers may not install systems that alter normal operating conditions during testing. The vehicle must be tested in its representative operating configuration, reflecting the regulatory response to test-detection and defeat strategies.
The manufacturer's quality system must include procedures that ensure continued conformity of series production with the approved type. The manufacturer must also record cases of non-compliance and inform the relevant distributors and importers.
Manufacturers must state their name, registered trade name or registered trademark, together with a contact address within the country, on the required label.
While vehicles, systems, components or separate technical units remain under its responsibility, the manufacturer must ensure that storage and transport conditions do not compromise their conformity with the requirements of the regulation.
Manufacturers must permit testing by third parties where required by the authorities. They must also make available, free of charge, the data used for approval testing and any relevant software or calibration information.
For non-compliant products that present a serious risk, the manufacturer must take the necessary measures, including recalls and notification of the approval authorities. Where the non-compliance can be remedied, the manufacturer must take corrective action.
Where a product presents a serious risk, the manufacturer must immediately provide the approval authority and the market-surveillance authority with detailed information on the risk and on all measures taken in response.
Document Retention Periods in Automotive Manufacturing
The manufacturer must retain issued Certificates of Conformity for ten years and provide them to the approval authority on request. Type-approval certificates and their attachments must likewise be retained for at least ten years after the end of their validity. For systems and components, the retention period is five years.
If requested by the Ministry, the manufacturer must provide a Turkish copy of the EU type-approval certificate.
To consult the legislation governing these obligations, follow this link. If you have any questions, contact us.
Overview
Manufacturers responsible for an entire vehicle or a particular stage of production have specific obligations relating to product safety and regulatory compliance. This article provides an overview of the principal duties of automotive manufacturers. The article also covers Legislation Governing Automotive Production, What Are the Manufacturer's General Obligations? and Document Retention Periods in Automotive Manufacturing.
