Questions and answers
Themes
Here you will find questions of general interest on the themes
- approval-conform production; fulfilment of the basic rules and the Type Approval itself
- quality management that ensures the planning and effective implementation of preventive, control and corrective measures
- sufficient product testing and data recording (if given by the rules, this is considered)
- traceability and recall of non-conform products from the market
- influence on possibly used external manufacturers
- timely information to the KBA on all (planned) changes with regard to the data, that is given as basis of the Type Approval and that are informed upon in the application procedure
- be issued by a KBA designated technical service (certification body) and point to the designation (logo and/or registration number)
- certify compliance with approval-relevant requirements and
- the certificate and the written confirmation must relate to the production of the product that is to be approved.
Questions and answers - Type-approvals
Here you can find questions often asked about Type-approvals
A Type Approval holder himself or herself can manufacture in legally dependent and/or legally independent production plants. In the case of legally dependent production plants, the KBA must only be informed.
In the case of legally independent production plants, an original contract or one-sided declaration on the basis of the manufacturer’s capacity must be provided to the KBA (forms in the
)The approval-related requirements are given in the document “CoP information”. Essentially the following requirements are to be fulfilled:
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The certificate must
Further information is given in
(MAB)No. The documents only need to be again submitted when the actual contract or declaration do not list the new object to be approved.
Tip: To avoid the renewed issuing of a contract or declaration, only give the type of equipment or vehicle class instead of a concrete type.
The contract or the declaration for the establishment of the manufacturer’s capacity must be filled in and signed and this original version must be submitted to the KBA.
A Type Approval does not only provide rights but also duties. The legal identity is checked so that it is clear who is responsible for the compliance of duties. The QM process is evaluated so that an estimation can be made on whether the production is Type Approval-conform and if appropriate reaction can be given in case of deviations.
- The accreditation body is located in the European Union
- The accreditation is issued according to Regulation (EC) 765/2008
- At least one of the standards relevant for the designation is accredited.
- Fulfilment of the approval relevant requirements
- Standards and test procedures which are not included in the accreditation.
- The relevant document explicitly identifies the scope for which the approval-relevant requirements are met.
- A Report on CoP has been submitted.
Questions & answers - Designation of technical services
Here you can find questions often asked about Designation of technical services
An accreditation is not sufficient for designation as technical service by the KBA.
An accreditation can be taken into consideration by the KBA in a designation procedure when
On basis of such an accreditation, the KBA checks the
If requested, after appropriate checking of the delta, the designation can cover other amendments of relevant regulatory acts.
The designation of other EU member state may be taken into consideration in the designation procedure analogous to an accreditation.
A laboratory of a manufacturer can only be designated as technical service if the relevant regulatory act explicitly allows this. Otherwise, the manufacturer’s laboratory should consider the option that a designated by the KBA technical service supervises the tests in the manufacturer’s laboratory and creates the test report.
Laboratories and certification bodies must have its commercial registration in the European Union. Subsidiaries in other countries can be included in the designation if certain preconditions are fulfilled.
Detailed information can be found in this section. Designation rules and application forms can be found on the page of Designation of Technical services. You are also welcome to contact the staff of the responsible department ( benennungsstelle@kba.de , telephone: +49 461 316 260).
The KBA support technical services A/B/D or technical services C by means of briefings prior to the application. If these discussions take place at the KBA premises, no fees will be charged. It is also possible to arrange a pre-assessment.
Training is provided to transfer basic knowledge of the designation process and the qualification of authorized signatories for test reports and auditors. Interested parties please inform about their needs to benennungsstelle@kba.de .
By a designation, the approval authority confirms that the technical service complies with the standard to be applied in accordance with the relevant regulations (EN ISO/IEC 17020/17021-1/17025) and with the specific requirements of the KBA Type Approval procedure, and is competent to carry out the tests specified in the scope of the designation.
The KBA designation procedure is based on the provisions of the EC Vehicle Approval Ordinance and the corresponding provisions of the UN-ECE. The procedure is also applied to the national legal framework. The term ‘designation’ is synonymous with the term ‘recognition’ as used in the EC Vehicle Approval Ordinance.
In its Type Approval procedure, the KBA only takes into account test reports from bodies designated by the KBA as a technical service. Orders to verify that a product is manufactured in conformity with the approval granted will also be awarded only to such laboratories.
If a quality management system certification body wishes to operate in the Type Approval process, it must also be designated by the KBA as a technical service.
The following conditions must be met in order for the certification body’s assessment of the QM system to be accepted in the KBA Type Approval process:
Questions and answers - Issuing of type-approvals
With a type-approval the authority confirms that the approved product produced in series conforms to legal standards. Type-approvals stand for safe and environmentally friendly technology on the roads.
Type-approvals are frequently prescribed by the legislator. In such cases, they make access to the market in Germany, the European Economic Area (EEA) and further states possible for the manufacturer.
Type-approvals can also be voluntarily strived for, they then make access to the market easier and improve marketing ability.
Type-approvals can be issued to natural persons and legal entities.
The resultant requirements are given in the Information sheet on initial assessment.
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A distinction is made between three types of type-approvals. These are type-approvals for vehicles, systems and components (separate technical units).
These type-approvals are granted according to different Regulations.
A type-approval always relates to the approval of a large number of products of the same type. Based on a type-approval the type approval holder can produce any number of identical products.
In contrast to this, individual approvals always relate to one concrete vehicle or component part.
Vehicle type-approvals can be issued according to national regulations (§ 20 Road Traffic Licensing Code (StVZO) or EU regulations (Directives 167/2013, 168/2013 and 2018/858 as well as previous directives).
Type-approvals for systems can be issued according to regulations for the European Economic Area (EEA) (EC directives and EC/EU regulations) as well as according to the regulations of the UN-ECE (ECE regulations).
Type-approvals for components can be issued according to national regulations (§§ 22 or 22a Road Traffic Licensing Code (StVZO), according to regulations for the European Economic Area (EEA) (EC directives and EC/EU regulations) as well as according to the regulations of the UN-ECE (ECE regulations).
A difference must be made between three types of regulations, the national regulations (Road Traffic Licensing Code (StVZO), Vehicle Parts Ordinance (FzTV)), the regulations for the EU and the regulations of the UN-ECE (ECE regulations).
It is basic that the applicant decides on according to which rule he or she applies for.
National regulations are no longer to be used for technical facts that have been completely harmonized as European regulations.
Translations in German are available on the website of the European Commission (https://ec.europa.eu/docsroom/documents/48518).
The KBA is working on commented versions of the Straßenverkehrs-Zulassungs-Ordnung (StVZO - German law for authorization of vehicles for road traffic) and FEE Fahrzeugtechnik EWG/ECE edition published by the German “Kirschbaum Verlag” (only German). The KBA does not know of any other commented versions.
National type approvals to §§ 22 (Allgemeine Betriebserlaubnis (ABE) or 22a Road Traffic Licensing Code (StVZO) are recognized in Germany. Whether they are recognised in another State must be verified by the approval holder in the respective State.
Type approvals according to international regulations are recognized in the European Economic Area (EEA) and in the user states of the respective ECE regulations.
Type designation is a technical term of the type-approval regulations. Type defines a certain technical specification of a product to be approved well. How different the technical specification of a product within a type can be is regulated by the chosen rule. The limits of a type are regulated by the so-called type defining criteria.
There can be several versions within a type.
The applicant can determine the designations of the type and the versions.
Type designations used for sales purposes are frequently not sufficient for the requirements of the type from the rules and regulations of the type-approval procedure. It is therefore seldom appropriate to use sales designations as type designation.
A 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 an international regulation.
Examples of systems are the braking or steering system of a vehicle or the mounting of wheels and tyres.
On the page "Designated bodies" you will find lists of all technical services notified by the KBA, prepared according to various aspects, with details of the scope of the notification. After the notification, the designated technical services will also be published on the EU and UNECE websites.
The technical service must be designated by the KBA according to the relevant test procedure (the relative scope).
For information on which technical service can carry out the testing for national type-approval (Allgemeine Betriebserlaubnis (ABE), Allgemeine Bauartgenehmigung (ABG)) in individual cases, the Designation body of the KBA must be contacted.
How a approval mark must look is determined by the selected rule. When there are uncertainties as to the appearance, the intended approval mark should be submitted together with the application documents.
A quick grant of approval requires complete and error-free documents.
If these conditions are met, the KBA aims for an average approval period of 14 calendar days.
The fee is calculated according to the scale to Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt - scale of fees for road traffic measures).
The detailed cost for the type approval can be found in the
.In case of national type approvals for vehicle parts according §§ 22 (Allgemeine Betriebserlaubnis (ABE)) or 22a Road Traffic Licensing Code (StVZO) (Allgemeine Bauartgenehmigung (ABG)), the approval holder shall attach a copy of the type approval to the end-user.
The approval holder must provide information on the installation conditions and the restrictions of use in case of national and international type approvals for vehicle parts.
The storage periods are regulated in the document
.These storage times are only valid for the relationship between the type approval holder and the KBA. They do not replace any legal requirements from other regulations nor stipulations of contracts (e.g. suppliers-OEM).
Test samples are only to be kept when they are for type-approval obligatory parts (refer to § 22a Road Traffic Licensing Code (StVZO).
When nothing else is determined in the type-approval, the storage time is 5 years from the extinction of the type-approval.
When the KBA has knowledge of whether production is temporarily or permanently closed down, all participants save expenditure and costs (e.g. the taking of products for conformity testing).
The KBA must be informed immediately when the production is permanently closed down.
The number of the type-approval can pre-approved.
It requires a completed initial assessment.
An application for type-approval must be submitted in addition to the application for the pre-approval of the the number.
A transfer to another company is possible under some conditions. It is essential to integrate the KBA early in such a case otherwise the type-approval will become invalid.
The type-approval becomes invalid.
The validity of a type-approval is bound to the existence of the legal entity (type-approval holder). It is fundamental, that type-approvals cannot be transferred. It is essential to inform the KBA early in such a case, so that it can be examined if there is a legal successor. The type-approval can only remain valid when the legal entity is maintained.
The KBA must be timely informed on such changes. The company must prove that the type-approval holder up to now has only be renamed or converted. The presentation of an actual official registration document (commercial register excerpt, for example) can confirm that the legal entity further exists.
The KBA must be timely informed on the threatened insolvency.
The KBA must be informed at the latest on the opening of the insolvency procedure. During the insolvency proceedings, the KBA further provides new type-approvals and extensions. The application for these must be made via the legally appointed insolvency administrator. The type-approval will be first sent to the type-approval holder after the receipt of the approval charges.
The existence of a type-approval is bound to the existence of a legal entity (type-approval holder). If the legal entity (type-approval holder) is no longer existent after the closing of the insolvency proceedings, the type-approval becomes invalid.
The type-approval holder must inform the KBA when there has been a change in the legal entity, the name and/or the place of residence of the production plant, whether legally dependent or legally independent production plants.
KBA is the only type-approval authority in Germany. There are further type-approval authorities in states of the European Economic Area (EEA) and the user states of the ECE regulations.
- According to risk-based planning
- On an ad hoc basis, if the KBA becomes aware of circumstances relating to the conformity of the approval object or the fulfillment of other obligations as the approval holder that make an on-site inspection necessary
- If there is no proof of proper certification (proper certification means that the certificate has been issued by a certification body designated by the KBA and includes the continuous review of approval-relevant requirements)
Questions and answers - Conformity checks
Here you can find questions often asked about Conformity checks
If an approval holder is regularly inspected in accordance with a recognized QM standard (e.g. DIN EN ISO 9001, IATF 16941 or comparable), the KBA can dispense with its own CoP-Q inspections if the inspection of the QM system is carried out by a certification body designated by the KBA as a technical service and includes continuous monitoring of compliance with the approval-relevant requirements.
If an inspection appears necessary on an ad hoc basis, an additional inspection by the KBA is possible at any time.
CoP-Q inspections are planned on a risk basis following criteria defined by the KBA, are performed on a random basis and are not subject to a fixed interval.
CoP-Q inspections are carried out:
As part of a CoP-Q inspection, the implemented QM system, in particular the precautionary measures and introduced procedures, are checked to see whether they are effective and still suitable for ensuring the conformity of the manufactured products with the approved type. Furthermore, the fulfillment of the other obligations of the approval holder towards the KBA is checked.
Questions and answers - General questions
Here you can find questions often asked about General questions
Here you will find questions of general interest on the themes
- A risk is the combination of the probability of occurrence of a hazard and the severity of the possible damage.
- Serious is any risk that requires rapid intervention by the market surveillance authorities, even if the risk has no immediate effect.
- safety and health requirements of applicable legal regulations are not complied with or the safety and health of persons are endangered during intended use or foreseeable misuse and
- the hazard is sudden and unforeseeable, and
- the hazard is unavoidable for persons.
Questions and answers - recalls
Here you can find questions often asked about recalls
The term "serious risk" is defined by § 2 No. 22 and 10 Product Safety Act (ProdSG) as well as § 2 subparagraph 1 Market Surveillance Act (MüG) in conjunction with Article 3 of Regulation (EU) 2019/1020.
The decision as to whether a product constitutes a serious risk shall be based on an appropriate risk assessment, taking into account the nature of the hazard and the likelihood of its occurrence.
Not every possible risk is a serious risk. The following criteria can guide you in determining whether a serious risk is likely:
KBA offers a quick and simple solution for reporting possibly safety-relevant defects or suspected deviations from regulations with the digital defect reporter.
Please use the Defect Reporter.
Yes, manufacturers, distributors and importers are obliged to notify the market surveil-lance authorities and the type-approval authorities in case of serious risks and only the type-approval authority in case of non-compliance. This obligation arises, for example, for passenger cars and their parts for the manufacturer from Article 14 (1) sub-paragraph 2 and (2) of Regulation (EU) 2018/858.
If KBA's examination reveals that a product presents a serious risk or that the product does not comply with its respective requirements, the so called harmonisation legislation, it shall request the economic operator to take corrective action. If the economic operator does not take such measures, KBA orders restrictive measures to eliminate the defect. This can take the form of recalls, market restrictions or public warnings.
Yes, KBA orders recalls if the responsible economic operator does not ensure through its own measures that a serious risk is eliminated sufficiently quickly and effectively.
Accessory or vehicle part manufacturers may not receive addresses. They should first contact the vehicle manufacturer concerned so that the latter can carry out the recall. In special individual cases, the Kraftfahrt-Bundesamt (KBA) can determine addresses and write to the vehicle owners itself.
In the case of particularly dangerous defects, all affected vehicles must participate in a remedial measure. Therefore, at the end of such recall campaigns, the Kraftfahrt-Bundesamt (KBA) reports the vehicles that have not been overhauled to the registration authorities.
You can avoid an operating ban, if you have your vehicle repaired at a manufacturer's workshop before the operating ban is imposed and you prove this to the registration au-thority. Your registration authority will provide you with further details.
Manufacturers do not use the owner addresses of the Kraftfahrt-Bundesamt (KBA) for every recall. Therefore, please contact the vehicle manufacturer or the importer for Germany. They will inform you of the intended course of action.
Absolutely, recalls are only carried out if there is a significant defect in connection with a serious risk or in connection with a deviation from regulations. As the vehicle owner, you are responsible for the roadworthy and compliant condition of your vehicle. For your own safety and that of other road users, participation in a recall is mandatory. Failure to participate will result in the initiation of an operating ban.
Voluntary service measures by the manufacturers are not affected by this obligation.
Please address your questions to the vehicle manufacturer or the importer for Germany. The Kraftfahrt-Bundesamt (KBA) also provides you with the recall database for assessing whether a vehicle type is affected.
Please inform the vehicle manufacturer or importer of the address of the new vehicle owner to whom you sold the vehicle. You should also inform them if you have scrapped the vehicle.
For reasons of data protection, only vehicle manufacturers and holders of vehicle type-approvals (General Type-Approval, EU Type-Approval) can be provided with the addresses if there is a significant deficiency for road safety or the environment.
Further information on the provision of owner addresses can be found in the "Codex for the Execution of Recall Campaigns".
Before using your vehicle again, please be sure to clarify this issue with the manufacturer or a workshop authorised by the manufacturer for the recall.
Both the deviation from legal requirements and the existence of serious risks represent deficiencies that must be remedied by the economic operators within the framework of corrective measures. In both cases, KBA requires the economic operator to take binding measures and can also order the respective measures, if the economic operator fails to act or cooperates insufficiently.
However, serious risks associated with products have the special condition that, depending on the existing risk and the need for action on the part of the economic operators involved, a correspondingly rapid elimination of the defect is demanded. In exceptional cases, KBA can order immediate implementation of the corrective measure in order to protect consumers from damage.
- Health and safety regulations of applicable statuary instruments are not maintained, or the health and safety of people are endangered in proper use or predicted faulty use and
- the danger occurs suddenly and without prior notice and unpredictably and
- the danger cannot be averted by people
- Copies of the vehicle registration document and the proof of inspections
- A brief description of the fault and the resulting danger
- Copies of opinions of independent experts and written correspondence with the producer (if appropriate)
Questions and answers - product safety law
Here you can find questions often asked about product safety:
Not every danger is a serious danger. You can use the following criteria to orient yourself on whether a serious danger is probable or not:
The KBA requires the following information for effective handling:
The KBA comes into action when it is informed on a production-related vehicle fault or vehicle parts fault that could represent a serious danger to people. The information can come from various sources (media, private individuals, manufacturers, officials, for example).
The KBA can order recalls. This comes into question, however, when there is a serious danger (see the question “What is a serious danger”) and this cannot be effectively eliminated by means of the methods available to the producer.
A danger is serious, for example, when a properly maintained vehicle can no longer be steered. The complete failure of the steering system during driving without advance notice resulting from the breaking of a steering spindle, steering link or a wheel is an example of a serious danger. There is no serious danger, however, when the power assisted steering fails, as the vehicle can still be steered within legal limits.
Cases can mostly not be generalized. Individual cases are often observed.