Towing Mirrors. Caravan Club Article. June Update

[Milenco]

Towing Mirrors. Caravan Club Article. June Update

Since the publication of the May Caravan Club article on Towing Mirrors, the Caravan Club have produced a revised article with differing information from that in the May article. This follows the receipt of further legal and professional advice, including revised advice from the Department for Transport (DfT,) since publication of the May article.

Before publication, Milenco Limited, Caravan Club and the Camping and Caravaning Club were advised e marking was a requirement from 12th December 2005. Since publication we have been advised the date is 26th of January 2010. To quote dft "Therefore, if a towing-mirror is already in use, or newly purchased now it should comply with the construction and testing requirements of the relevant legislation but 'E' or 'e' marking is not strictly required".

This revised information however, is in fact of little relevance to the content of the article unless non e marked mirrors comply with the relevant legislation. The Camping and Caravaning club has reported on their website that a journalist has tested a number of non e marked mirrors. 20 out of 20 were found to be dangerous and we therefore assume, did not comply with the relevant legislation. We have also tested a far larger number and have found the same result.

In respect of non e marked mirrors both clubs as a result are advising their members to ask to see a certificate of compliance from your supplier or manufacturer to show they meet the current requirements stated in C and U Regulations - European Directives 71/127/EEC or 2003/97/EC or United Nations (UNECE) Regulation 46.01 or 46.02.

With regards to the new regulations may we point out that the 26th of January 2010 is the absolute deadline for implementation of the 2003 standard. It is not the first day you must apply the new standard. All vehicle manufactures have already applied the new standards to their vehicles by 2006, as had we as a responsible manufacturer of mirrors, because it is an important safety improvement.

Our advice as a manufacturer in respect of our own products is mirrors approved to the old standard should not be used on post 2007 cars. Specifically the Milenco Universal mirror should not be used on car registered after the 26th of January 2007.

As a manufacturer we are concerned that mirrors made to the older standard could compromise in particular, pedestrian safety in the event of an accident if used on a post 2007 car therefore we do not recommend this.

Mirrors approved to the newer standard (Milenco Aero, Grand Aero & Safety) may be used on any car irrespective of age because they are made to the highest safety standard available.

In conclusion, we believe that the article published by the Caravan Club, has had a net positive effect on the safety of caravaning in 3 key areas.

1. It has made caravanners aware of the dangers of towing without mirrors.

2. It has made caravanners aware of the danger of illegal, non-conforming mirrors.

3. It has made caravanners aware of new regulations which every car manufacture and responsible manufacturers of mirrors have already adopted for a number of years.

 

[Lutz]

If, as you say, mirrors must, quote: meet the current requirements stated in C and U Regulations - European Directives 71/127/EEC ..... or United Nations (UNECE) Regulation 46.01 or 46.02 then they must surely be marked according to the requirements specified in these existing requirements? The E- (or e-) mark is not something new that doesn't apply until 2003/97/EC comes into effect in January 2010. My experience is that most manufacturers seem to opt for homologation according to the ECE alternative anyway and that has basically not changed very much since it was first introduced.

 

[Milenco]

As a substantial and responsible manufacturer of mirrors, our opinion is that it would be almost impossible to conform to the requirements of the standard without going through the approval process that will always result in an e mark and an approval number.

There was a loophole in the C & U regulations that did not require the e mark to be applied to the product after approval. This may have related to a request from British Leyland in the 1970s who may have conformed to the standards but did not mark as so.

The clubs and Milenco were told by DfT that this loophole was closed by SI 3165/2005, 12/12/2005 hence the previous information. After the May Caravan Club Article, DfT changed their advice as they had found that another loophole had been included in the SI.

In this respect our policy is to pass on the DfT advice.

We have however always marked our mirrors in accordance with the requirements of the full directives and do not hide behind loopholes.

Nor can we confirm the existence of non e marked mirrors that have been approved to the old directives but not marked. This may only be a theoretical possibility as a result of the layers of legislation over the years since 1971.

 

[Lutz]

I must admit you've got me confused by the existence of an apparent loophole. I was always lead to understand that approval marking was an integral part of the respective standard, whether it be 71/127/EEC or 2003/97/EC or ECE Regulation 46, and that if a component isn't marked, it doesn't comply, even though it may fulfill the technical criteria. Surely, if a manufacturer has already gone to the trouble of self certification by testing according to the respective regulations, the process of approval marking can only be just a small additional step.

 

[Legsmaniac_374344731]

The Caravan Club have published in their latest magazine.....

Conclusions.

Currently, there is no need for consumers to purchase new mirrors, although they are free to do so. From the 26th January 2010 there will also be no need to for consumers to purchase new mirrors unless and until they purchase a new vehicle.

Anyone currently looking to buy new mirrors might consider it prudent to select those which are compliant with the post-January 2010 requirements, since such mirrors will satisfy the most recent safety requirements, and will remain usable with any car bought in the foreseeable future.

This makes much more sense and in clear English.

So I think we can all relax.

 

[Milenco]

I must admit you've got me confused by the existence of an apparent loophole. I was always lead to understand that approval marking was an integral part of the respective standard, whether it be 71/127/EEC or 2003/97/EC or ECE Regulation 46, and that if a component isn't marked, it doesn't comply, even though it may fulfill the technical criteria. Surely, if a manufacturer has already gone to the trouble of self certification by testing according to the respective regulations, the process of approval marking can only be just a small additional step.

We agree with your comments that the process of marking is only a small step. Every product we know that has been tested is actually marked.

The original article warned about illegal mirrors not conforming to important safety standard. This is still the case.

 

[Lutz]

I must admit you've got me confused by the existence of an apparent loophole. I was always lead to understand that approval marking was an integral part of the respective standard, whether it be 71/127/EEC or 2003/97/EC or ECE Regulation 46, and that if a component isn't marked, it doesn't comply, even though it may fulfill the technical criteria. Surely, if a manufacturer has already gone to the trouble of self certification by testing according to the respective regulations, the process of approval marking can only be just a small additional step.

I appreciate that Milenco, as a responsible and respected manufacturer, has done everything to comply with the regulations, but does it not mean that a mirror from another manufacturer which is not marked according to the existing requirements (i.e. not the 2003/97/EC, which doesn't come into force until January 2010) is, strictly speaking, illegal? Or is this the loophole that you are referring to? If so, what documentation is available that details this loophole?

 

[Milenco]

I appreciate that Milenco, as a responsible and respected manufacturer, has done everything to comply with the regulations, but does it not mean that a mirror from another manufacturer which is not marked according to the existing requirements (i.e. not the 2003/97/EC, which doesn't come into force until January 2010) is, strictly speaking, illegal? Or is this the loophole that you are referring to? If so, what documentation is available that details this loophole?

This will be our last post in this respect

Mirrors to 2003/97, 2005/27 or unece 46.02 (the new standard) must be marked to the full directive.

Under construction and use regulation 33 mirrors to 71/127(the old standard) may not be marked.

However we cannot confirm the existence of any non e marked that meets legal requirements.

There are over 300 pages or regulations that relate to this subject, however below I have cut and paste the response from DfT to only the question of e marking.

DfT Response.

Our understanding of the legislation for towing mirrors is as follows:

The requirements for caravan towing mirrors follow the vehicle mirror requirements as defined in Regulation 33 of the Road Vehicles (Construction and Use) Regulations 1986. Regulation 33 (attached) requires that the mirrors comply with either the EC Directives (71/127/EEC or 2003/97/EC) or UNECE Regulation 46.

The current confusion appears to be based around the fact that Regulation 33 allows compliance with the construction and testing requirements of EC Directive 2003/97/EC. However, mirrors type approved to this Directive do not become compulsory for new cars until 26th January 2010. Therefore, if a towing-mirror is already in use, or newly purchased now it should comply with the construction and testing requirements of the relevant legislation but 'E' or 'e' marking is not strictly required.

However, for a NEW car purchased after 26th January 2010, 2003/97/EC or UNECE Regulation 46 compliant caravan towing mirrors will be required for that vehicle and we assume that all caravan towing mirrors would comply with the new requirements by that time.

The approval markings are:

'e' followed by a number or letters in a rectangle - which signifies approval to the EC Directives; or

'E' followed by a number or letters in a circle - which signifies approval to the UNECE Regulation.

The number or letters indicate the European country in which the component was approved.

Either of these types of marking is acceptable.

In order to assist with understanding the requirements, the following paragraphs are taken from Regulation 33 of the Road Vehicles (Construction and Use) Regulations 1986.

Paragraph (1) brings the caravan towing mirrors within the scope of the legislation.

(1) Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors or other device for indirect vision, if any, as are specified in that item in column 3; and any mirror or other device for indirect vision which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in columns 4 and 5.

Paragraph (5)(e) calls for compliance with the relevant European legislation, including markings.

(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply-

(a) if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989 with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(b) if it is a goods vehicle first used on or after 1st August 1989 and before 26th January 2007-

(i) in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(ii) in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(c) if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(d) if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(e) if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or

88/321 or ECE Regulation 46.01.

Under Column 4 of Table Item 8 - For cars first used before 26 January 2010 - compliance is required with:

Item 2 of Annex I to Community Directive 71/127 or 79/795 - Application for EC Component Type Approval of a Device for Indirect Vision - para 2.6 requires the Type Approval Mark

OR Annex II to Community Directive 86/562 or 88/321 - Design Specifications and Tests Required for EC Type Approval of a Device for Indirect Vision - Appendix 2 to Annex II - Conditions Governing the EEC Component Type Approval and Marking of Rear View Mirrors

OR paragraphs 4 to 8 of ECE Regulation 46.01 - 4. Markings, 5. Approval - para 5.4 requires the Type Approval Mark, 6. Requirements (Tests), 7. Modification of the Type of Device for Indirect Vision and extension of Approval, 8. Conformity of Production.

AND paragraphs (2) and (4) of this regulation

However, under paragraph (6), those vehicles (first used before 26 Jan 2010) in item 8 of the table, can comply with the construction and testing requirements but excludes:

under (a) and (b) the required mirror radius and the 'E' or 'e' markings under EC Directives 71/127 and 79/795.

under (c) and (d) the required mirror radius under EC Directives 2003/97/EC and 2005/38/EC.

(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in

(a) Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;

(b) Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6;

(c) Annex II to Community Directive 2003/97, excluding paragraph 3.4; or

(d) Annex II to Community Directive 2005/27, excluding paragraph 3.4.

Mirrors which are manufactured for those vehicles which will be first used after 26 January 2010 will be required comply with 2003/97/EC or 2005/27/EC and be 'E' or 'e' marked accordingly.

Our recommendation is that it is currently best to use 'E' or 'e' marked mirrors.

However, if this is not possible, you should confirm that they meet the requirements with the supplier or manufacturer.

NOTE: The information supplied is a summary of DfT's understanding of what the law requires. However, ultimately the interpretation of the law is a matter for the courts based on individual facts of any particular case. You are therefore advised to consult the relevant legislation and, if necessary, seek independent advice.

THE SCHEDULE Regulation 5

REGULATION SUBSTITUTED FOR REGULATION 33

The regulation to be substituted for regulation 33 is-

"Mirrors and other devices for indirect vision

33.-(1) Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors or other device for indirect vision, if any, as are specified in that item in column 3; and any mirror or other device for indirect vision which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in columns 4 and 5.

(2) Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 8 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3) Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 10 or 11 of the Table which is first used on or after 1st April 1969 the edges of any interior mirror shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.

(4) Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 7, or within item 8, of the Table-

(a) each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;

(b) each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c) where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d) where the bottom edge of an exterior mirror, which complies with the requirements of Community Directive 2003/97 or 2005/27 or ECE Regulation 46.02, is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 25 cm beyond the overall width of the vehicle or, in the case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 25 cm beyond the overall width of the trailer;

(e) each interior mirror shall be capable of being adjusted by the driver when in his driving position; and

(f) except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver's side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply-

(a) if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989 with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(b) if it is a goods vehicle first used on or after 1st August 1989 and before 26th January 2007-

(i) in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(ii) in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(c) if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(d) if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(e) if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.

(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in-

(a) Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;

(b) Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6;

(c) Annex II to Community Directive 2003/97, excluding paragraph 3.4; or

(d) Annex II to Community Directive 2005/27, excluding paragraph 3.4.

(7) In this regulation-

(a) "devices for indirect vision" mean devices to observe the traffic area adjacent to the vehicle which cannot be observed by direct vision and may include conventional mirrors, camera-monitors or other devices able to present information about the indirect field of vision to the driver;

(b) "mirror" means any device with a reflecting surface for the purpose of providing a clear view to the rear, side or front of the vehicle, but shall not include a periscope or any other device that involves two or more mirrors and a tube;

(c) "interior mirror" means a device defined in sub-paragraph (a), which can be fitted in the passenger compartment of a vehicle;

(d) "exterior mirror" means a device defined in sub-paragraph (a), which can be fitted on the external surface of a vehicle.

(8) In the case of-

(a) an agricultural motor vehicle, or

(b) a vehicle described in items 2 or 8 in the Table,

when drawing a trailer the references to a vehicle in the definitions in paragraph (7) shall be construed as including references to that trailer.

TABLE

(regulation 33(1))

1 2 3 4 5

Item Class of vehicle Mirrors or other devices for indirect vision to be fitted Requirements to be complied with by any mirrors fitted Requirements to be complied with by any other devices for indirect vision where fitted

1 A motor vehicle which is-

(a) drawing a trailer, if a person is carried on the trailer so that he has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear; No requirement. (i) If the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. None

(b) (i) a works truck; (ii) In other cases, none, except as specified in paragraph (3)

(ii) a track-laying agricultural motor vehicle; and

(iii) a wheeled agricultural motor vehicle first used before 1st June 1978,

if, in each case, the driver can easily obtain a view to the rear;

(c) a pedestrian-controlled vehicle;

(d) a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; or

(e) an agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which-

(i) is a track-laying vehicle or

(ii) is a wheeled vehicle first used before 1st June 1978.

2. A motor vehicle not included in item 1, which is- At least one exterior mirror fitted on the offside. None, except as specified in paragraphs (2) and (3). None.

(a) a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978;

(b) an agricultural motor vehicle, not being a track-laying vehicle with an unladen weight not exceeding 7370 kg (which falls in item 11) or a wheeled agricultural motor vehicle first used after 1st June 1986 which is driven at more than 20 mph (which falls in item 8); or

(c) a works truck.

3. A wheeled motor vehicle not included in items 1 or 4 first used on or after 1st April 1983 which is- Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 8. Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. None.

(a) a bus; or

(b) a goods vehicle with a maximum gross weight exceeding 3500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 5.

4. A wheeled motor vehicle not included in item 1 first used on or after 26th January 2007 which is- (a) and (b)(ii) Mirrors and other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02.

(a) a bus;

(b) a goods vehicle with a maximum gross weight- (b)(i) Mirrors or other devices for indirect vision complying with Community Directive 2005/27.

(i) exceeding 3500 kg but not exceeding 7500 kg; or

(ii) exceeding 7500 kg but not exceeding 12,000 kg;

(not being an agricultural motor vehicle or one which is not driven at more than 20 mph).

5. A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988 and before 26th January 2007. Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01. Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. None

6. A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 26th January 2007. Mirrors or other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02.

7. A two-wheeled motor cycle with or without a sidecar attached. No requirement. (i) If the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. None.

(ii) In other cases, none.

8. A wheeled motor vehicle not in items 1 to 7, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978) and before 26th January 2010. (i) At least one exterior mirror fitted on the offside of the vehicle; and Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4) of this regulation. None.

(ii) at least one interior mirror, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and

(iii) at least one exterior mirror fitted on the nearside of the vehicle unless an interior mirror gives the driver an adequate view to the rear.

9. A wheeled motor vehicle not in items 1 to 7, which is first used on or after 26th January 2010. Mirrors complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. If fitted to comply with Part B of Annex II to Community Directive 2003/97 or paragraphs 4, 5 and 6.2 of ECE Regulation 46.02.

10. A wheeled motor vehicle, not in items 1 to 7, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is- At least one exterior mirror fitted on the offside of the vehicle and either one interior mirror or one exterior mirror fitted on the near-side of the vehicle. None, except as specified in paragraph (3). None.

(a) a bus;

(b) a dual-purpose vehicle; or

(c) a goods vehicle.

11. A motor vehicle, whether wheeled or track-laying, not in items 1 to 10. At least one interior or exterior mirror. None, except as specified in paragraph (3). None."

End of DfT response.

Kind Regards

Milenco Limited

 

[Lutz]

I must admit you've got me confused by the existence of an apparent loophole. I was always lead to understand that approval marking was an integral part of the respective standard, whether it be 71/127/EEC or 2003/97/EC or ECE Regulation 46, and that if a component isn't marked, it doesn't comply, even though it may fulfill the technical criteria. Surely, if a manufacturer has already gone to the trouble of self certification by testing according to the respective regulations, the process of approval marking can only be just a small additional step.

Very comprehensive reply, thanks. Although, without reading the whole text in detail, I don't see where an exemption is made whereby mirrors approved according to the 'old' regulations 71/127/EEC or ECE Regulation 46 do not have to be marked, but as Milenco are obviously not affected, I think we'll leave it at that.

 

[Milenco]

Very comprehensive reply, thanks. Although, without reading the whole text in detail, I don't see where an exemption is made whereby mirrors approved according to the 'old' regulations 71/127/EEC or ECE Regulation 46 do not have to be marked, but as Milenco are obviously not affected, I think we'll leave it at that.

"(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in

(a) Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;"

From 71/127 2.6 is the e mark.