Homolo-WHAT?   

Understanding the relationship between Homologation, Compulsory Motor Vehicle Standards and Certification of Roadworthiness

The word homologation has been in the news of late following the sorry debacle surrounding AMC buses which, after testing by the SABS, were found not to comply with local standards requirements. The story surrounding this abysmal mess has been covered ad nausea by various media and FleetWatch would be adding nothing new by revisiting the debacle. Suffice to say: may it never be allowed to happen again. With this in mind, FleetWatch has decided to take a close look at the process of homologation and in doing so, Jack Webster, our correspondent on legislation, discovers wide-spread misunderstanding between the homologation of motor vehicles, the compulsory motor vehicle standards and the certification of roadworthiness.

 The situation of misunderstanding is added to when it is realised that homologation and compulsory motor vehicle standards fall under the scope of the Standards Act which is administered by the Minister of Trade and Industry, Alec Erwin. The roadworthiness of vehicles, on the other hand, is dealt with in the Road Traffic Act (Act No. 93 of 1996) and the regulations which are promulgated by the National Department of Transport. 

It is common practice when discussing legislation relating to motor vehicles to refer to the Road Traffic Act and Regulations but there is no reference to homologation in the Road Traffic Act and Regulations. This statement is true in respect of the Act and Regulations but indirectly, there is a mention of homologation in a Road Traffic related document. 

Road Traffic Regulation 41(a)(i) requires that the Chief Executive Officer (whoever he may be) must require - as a condition of registration - that a Manufacturer, Importer or Builder submit to the Inspectorate of Manufacturers, Importers or Builders (SABS) details of all models (including derivatives) manufactured, imported or built, on Form NVM (notification of vehicle model) which is included in Schedule 2 to the regulations. 

The reference to the Chief Executive Officer in Regulation 41 (which also appears in Regulations 40 and 42) is very premature as this office will only be created when the Road Traffic Management Corporation Act is promulgated. The reference to the Chief Executive Officer should be read to refer to the MEC. Also, the title of Regulation 41 should be changed as the title refers to the registration of Manufacturers, Importers and Builders, but the Regulation deals with “notice of vehicle model”.   

Homologation

But what is Homologation?  The question could be answered by quoting the definition as it appears in the Standards Act (Act No. 29 of 1992) but a better understanding can be obtained by quoting from a document published by SABS entitled Motor Vehicle Homologation. The Standards Act defines homologation as follows:

Homologation shall comprise the confirmation by the South African Bureau of Standards (SABS), that the manufacturer has provided the SABS with the following specific evidence in respect of the commodity covered by this compulsory specification:

(a)                a summary of evidence showing that all relevant tests have been conducted at accredited test laboratories with successful results under appropriate controls in respect of the model or the type of commodity;

(b)               sufficient data to enable a relevant model or type and its components to be identified and related to (a) above;

(c)                relevant samples for the conducting of whatever tests and inspections are considered appropriate by the SABS, to verify any or all of the evidence provided;

(d)               details of the quality management system applied by the manufacturer;

(e)                when relevant, documentation to advise subsequent manufacturers of incomplete commodities of their responsibilities; and

(f)                 agreement by the manufacturing source to permit conformity of production audits to be carried out by the SABS or by the SABS’ appointed agent at the relevant manufacturing, assembling and test facilities. 

The SABS may issue such confirmation, on application, in respect of new models or types, provided that such confirmation may not be used for the purposes of advertising or to imply that all units of the commodity necessarily or consequently comply with all the requirements of the compulsory specification.   

Flowchart  of the Homologation Process

What is homologation?

To summarise the process described up to here, homologation can be viewed as: 

• Determining the legal compliance of a motor vehicle (model) to specific national standards where there is intent to market these motor vehicles in South Africa.

• Ensuring that safety critical components, individually and collectively, meet the relevant requirements (brakes, windows, lights, etc).  

• Ensuring that the quality management system implemented by the Manufacturer, Importer or Builder (MIB), is of acceptable international standard (ISO 9000 series or similar).  

• Proof to the MIB that the motor vehicle model series complies with all legislated technical requirements.  

• Providing a written declaration by the appointed Inspectorate of Manufacturers, Importers and Builders (SABS) that satisfactory evidence has been submitted to register the vehicle.   

The homologation process commences when a Manufacturer, Importer or Builder introduces a new model of vehicles into the model range and submits a vehicle to the inspectorate of MIBs for examination. Thereafter, the process proceeds as per the flow chart illustrated on the accompanying diagram. 

 It is emphasised that only one vehicle for a particular model is submitted for homologation and a NaTIS number for that model is issued if the model is approved, after which production and distribution and sale of that model can commence. 

If a Manufacturer, Importer or Builder decides to modify a model which has been homologated, the whole process of homologation must be repeated for the modified model and a new NaTIS number issued for the modified model. 

Compulsory Motor Vehicle Specifications

The South African Bureau of Standards is appointed to prepare, approve and publish (in the Government Gazette) compulsory standards for motor vehicles and in terms of Road Traffic Regulation 216, all motor vehicles which operate on public roads must comply with these standards. 

SABS is also the appointed Inspectorate of Manufacturers, Importers and Builders of new motor vehicles and as such, is authorised to monitor and ensure that ALL new vehicles produced by MIBs comply with the compulsory standards. 

Compliance with the compulsory standards must not be confused with homologation; they are entirely different in purpose, objective and application. 

Homologation is to present one vehicle of a model to obtain acceptance of design, etc of compliance with manufacturer’s specification, relevant compulsory standards and applicable national legislation, and be issued with a NaTIS number. 

Compliance with compulsory motor vehicle standards means continued compliance of all vehicles manufactured, imported or built. The inspectorate is authorised to carry out inspections at manufacturing plants, importer’s and builder’s facilities, and on instructions, stop production and distribution of any vehicles found not to comply with the compulsory standards. 

Thus it is that there is adequate legislation in place to ensure that no new motor vehicle which does not comply is distributed for sale. How then, do illegal new vehicles enter the market?  Readers may form their own views. 

A final comment regarding SABS and the compulsory motor vehicle standards: It is emphasised that SABS is only concerned with NEW motor vehicles. If it is reported to the SABS that a used vehicle or a vehicle in service does not comply with the compulsory standards, and if the accusation is found to be correct, the SABS Inspectorate informs the Road Traffic inspectorate who has the power and authority to take appropriate action. 

Roadworthy Certification

In terms of Road Traffic Regulation 138, any used motor vehicle, the ownership of which changes, must be submitted to a registered and appropriately graded vehicle testing station for examination in accordance with the Code of Practice SABS 047-2000 – (the testing of motor vehicles for roadworthiness). If the testing authority is satisfied that the requirements of the prescribed test have been met, a Certificate of Roadworthiness is issued. 

No transfer of ownership to the purchaser of the vehicle can be effected unless a Certificate of Roadworthiness is produced. Used vehicles modified, and used vehicles built-up from parts of other vehicles, etc also need roadworthy certificates before returning to operation on a public road. 

Road Traffic Regulation 142(1) requires that certain vehicles must undergo annual testing and must obtain roadworthy certificates before the annual licence is renewed. These vehicles are –

142.(1) A roadworthy certificate shall be required for –