¹ This order regulates the type-approval procedure for vehicles, chassis, systems and components of vehicles, equipment and protective devices for vehicle users, which are subject to the CRL.

² To the extent that this order does not otherwise dispose of it, the requirements of the Act of 12 June 2009 on product safety ¹ Apply as a supplement. ²

For the purposes of this order:

A. ¹

Type: the sample on which the receipt of vehicles, chassis, vehicle systems, vehicle components, equipment objects or protective devices manufactured in series is based; one type may be divided into variants and Versions;

B.

Type-approval: the official attestation that a type meets the technical requirements and is suitable for its intended use;

C.

General reception-EC: type-approval of a vehicle, issued by an authority of a Member State of the EC, in accordance with EC law;

D.

EC or ECE type-approval: the type-approval of a vehicle system, a vehicle component, an equipment object or a protective device issued by an authority, in accordance with EC or ECE;

E.

Certificate of conformity of the EC: confirmation by the manufacturer that a specified vehicle is in full conformity with the general reception desk-CE;

F. ²

Declaration of conformity: the manufacturer's written declaration that a vehicle component, vehicle system, equipment object or protective device meets the specific technical requirements required for Admission to Switzerland;

G.

Compliance verification: the verification, by surveys, of compliance with the approved type of a vehicle, chassis, vehicle system, vehicle component, equipment object or protective device;

H.

Mark of conformity: an official mark certifying that a vehicle component, a vehicle system, an object of equipment or a protective device meets the technical requirements of the vehicle;

I. ³

Vehicle systems: all systems of a vehicle type subject to technical requirements, such as the braking device or the anti-pollution devices;

K. ⁴

Manufacturer: the person or service responsible, towards the type-approval authority, of all matters relating to the type-approval procedure, as well as the guarantee of conformity of production. The person or service responsible does not have the obligation to participate directly in all phases of the production of the vehicle, system or vehicle component which is the subject of the type-approval procedure;

L. ⁵

Data sheet: the certificate issued in place of a type-approval for a vehicle benefiting from an EC general reception;

M. ⁶

Conformity assessment: the written attestation, based on a report drawn up by one of the bodies of expertise listed in Annex 2, specifying that an object meets the Swiss requirements;

N. ⁷

Attestation of conformity: the written attestation, based on a review report drawn up by a body of foreign expertise, stating that an object meets the Swiss requirements.

¹ The Federal Office may order compliance checks at any time. ¹

² The compliance check shall be carried out by the Federal Office on the basis of the documents or in collaboration with the competent body of expertise. ²

³ The costs resulting from the verification of compliance and the related measures shall be borne by the holder of the type-approval. Where there is a reception by foreign type, the costs are borne by the importer. ³

⁴ Compliance checks can be ordered for objects already accepted by means of a data sheet, an assessment or a certificate of compliance. ⁴

¹ The Federal Office randomly selects the test sample from a batch of samples of the type concerned or instructs the expert body to make that choice. ¹

² The conformity check shall be carried out according to the requirements of the expertise which have served as the basis for the issue of type-approval.

³ Compliance checks, settled in the agreements which Switzerland has ratified, will be carried out in accordance with the requirements of the said agreements.

¹ If, in the first survey, it is found that the controlled object is not in conformity with the receiving object, the holder of the type-approval is required to communicate within 30 days to the Federal Office if he:

A.

Recognizes the result of the control and undertakes to initiate a recall, control and restoration action within the meaning of s. 31 B ; or

B.

Request that a definitive test be carried out within the meaning of s. 30 is made. ¹

² The procedure is the same when the negative test result is a foreign compliance check.

¹ If the holder of the type-approval requests the definitive control by survey, the Federal Office will establish an agreement with the holder of the number of objects necessary for the inspection.

² If the result of the final check is negative, the art will be applied. 31 B . ¹

³ The objects whose defects affect the safety of operation or road safety will be excluded from the final inspection by survey.

¹ The Federal Office withdraws the receipt by type to its holder when:

A.

The certificates, information or objects requested are not made available in due time; or

B. ¹

The object does not correspond to the type received, the prescriptions or documents submitted or it does not present all the security guarantees and that, within the time limit, no request is made to modify the reception or documents Furnished under s. 12, or recall, control and restore the objects placed on the market and those of the same type that are ready to be sold.

² In serious cases, the Federal Office may withdraw the receipt without delay.

³ If the type-approval is withdrawn to a holder, objects of this type will no longer be able to be returned to the market. The Federal Office will inform the registration authorities in writing. ²

^3bis In serious cases, the Federal Office may order that the objects concerned be withdrawn from the market. ³

⁴ A type-approval issued from a foreign reception (p. Ex. A general-EC type-approval) may be withdrawn from all the holders without taking into account the procedure referred to in Art. 27 to 30, when foreign acceptance was withdrawn on the basis of a foreign compliance audit.

⁵ The Federal Office cancels the withdrawal decision when the reason for the withdrawal has disappeared.

⁶ The withdrawal of the type-approval does not affect the recall, control and restoration obligations.

¹ The Federal Office may prohibit the placing on the market of vehicles, components of vehicles, equipment and protective devices, where: ³

A.

The required evidence, information or objects are not made available within the prescribed period; or

B.

When the object does not respond to the type received or prescriptions, and the objects of the same type are not recalled, controlled and repaired within the specified time limit.

² The Federal Office may inform the public about a sales ban.

¹ The Federal Office may order a recall on the basis of a compliance check or if it finds that an object does not correspond or more to the receiving type.

² The holder of the type-approval must proceed to the recall when a recall has been ordered. It must recall, control and restore all objects of the same type that it has placed on the market or that are ready to be sold.

³ The control and restoration will be carried out no later than twelve months from the date on which the recall was ordered. The Federal Office will be continuously informed of the progress of the work.

⁴ The Federal Office may waive the taking of such a measure if the object, although different from the receiving type, complies with the Swiss requirements.

If the Federal Office finds that a receiving type does not have all the security guarantees, it may order a reminder or, in serious cases, a sales ban.

The Federal Office shall charge emoluments for its acts, in accordance with Annex 3.

¹ Any person who solicits an act within the meaning of Schedule 3 shall pay a fee. Disbursements will be calculated separately.

² If more than one person is subject to a fee, they are jointly and severally liable.

The authorities and the institutions of the Confederation, the cantons and the municipalities may be exempted from any action if the act is intended for their own use.

Where acts are costly, the Federal Office shall first indicate to the taxable person that it is likely to be paid.

Where justified by special circumstances, the Federal Office may require a charge advance. If it is not paid, the act will not be carried out.

The Federal Office may, according to the tariff of Annex 3, increase the fee by up to 50 %, in particular where:

A. ¹

At the duly substantiated request of the applicant, acts shall exceptionally be dealt with as a matter of priority;

B. ²

...

C.

The time spent on the administrative processing of documents is particularly high;

D. ³

...

The additional costs relating to a given act shall be deemed to be incurred, in particular:

A.

The cost of searching for documents;

B.

Postage, telephone and fax charges;

C.

Charges for printed matter;

D.

Travel and transportation costs;

E.

Fuel costs;

F.

Customs clearance fees.

The Federal Office may, for important reasons, reduce or remit the fees, in particular where:

A.

The act provided is in its interest;

B. ¹

An amendment to the type-approval must be made without the applicant being responsible for it.

At the request of the taxable person, the fee will be the subject of a formal decision.

¹ The fee has expired:

A.

As soon as it is notified to the subject;

B.

If the decision is contested, upon the entry into force of the decision on appeal.

² The payment period is 30 days from the deadline.

¹ The debt in payment of the fee is prescribed for five years as soon as it expires.

² The limitation period shall be interrupted by any act of procedure by which the Federal Office claims its claim against the taxable person.

A fine shall be imposed, provided that no other more severe criminal provision is applicable, any person who: ²

A.

Provides incorrect or incomplete information as part of the type-approval procedure;

B.

Undertakes modifications to vehicles or objects whose type has been received, without announcing them;

C. ³

Places more vehicles or chassis on the market than the number set out in s. 4, para. 3.

¹ The Federal Office may issue directives and instructions to settle the manner in which this order is to be enforced. It may authorise derogations in special cases. ¹

² It may, in addition to the compliance verification under s. 26 et seq., surveillance of registered vehicles.

Art. 98 to 104 of the Order of 27 October 1976 regulating the admission of persons and vehicles to road traffic (OAC) ¹ Are repealed.

The person who has announced for reception by type, before the coming into force of this order, of vehicles, chassis, vehicle systems, vehicle components, equipment objects or protective devices, Will be subject to the law in force so far. The type-approval procedure with and without technical expertise, according to this order, may, however, already be applied from 1 ^Er July 1995.

This order shall enter into force on 1 ^Er October 1995.