EU: New EU Type Approval Regime for Mobile Machinery

 

Mobile machines and self-propelled equipment that are specifically designed or built to perform work tasks must occasionally or regularly travel on public roads—for example, when moving between job sites. However, these machines are not primarily intended for road use; their core function is to perform specialized work, such as on construction sites.

Because of this, they have so far fallen outside the scope of the EU’s vehicle type-approval system, which is designed for vehicles intended for road use—particularly those covered by the Type Approval Framework Regulation (EU) 2018/858 for M- and N-category vehicles. Only one component of such machinery, the internal combustion engine, is subject to a type-approval requirement and emission limits under Regulation (EU) 2016/1628. Neither this directive nor other sector-specific regulations—such as Directive 2000/14/EC or the broader EU machinery legislation (currently Machinery Directive 2006/42/EC and, in the future, Machinery Regulation (EU) 2023/123)—contain detailed rules on roadworthiness for these machines.

As a result, road-safety requirements for such machinery have largely been governed at national level. To harmonize these requirements and reduce risks in road traffic, the EU adopted Regulation (EU) 2025/14 at the end of 2024, published in the Official Journal on 7 January 2025.

This new Regulation follows the structure and principles of the established EU type-approval framework (notably Regulations (EU) 2018/858, 167/2013, and 168/2013). Machinery and vehicles may only be placed on the EU market if they have received EU type approval. Approval is granted on the basis of compliance with technical rules aimed at ensuring road safety.

Scope of the Regulation

In principle, the Regulation applies to mobile machinery and equipment that are not primarily designed for road use but are nevertheless used on public roads, with or without a driver. It covers vehicles capable of speeds between 6 and 40 km/h and those with fewer than three seats. One exclusion—likely to raise questions of interpretation—removes machinery whose main purpose is to transport people, animals, or goods. However, another exception brings back into scope the transport of certain tools and materials, particularly those typically carried on construction sites. Standard construction machinery is therefore covered, but uncertainties remain, such as whether forklifts fall within the scope.

For certain categories of machinery and equipment, manufacturers may choose between EU type approval, EU individual approval, or continued compliance with national rules—for example, in the case of small-series production or prototypes. Towed machinery is excluded from this Regulation but may fall under Regulation (EU) 2018/858 (as Class O).

Requirements and Type-Approval Procedure

The Regulation lays down technical requirements for all new mobile machinery and equipment not intended for road use. The detailed technical rules will be set out by the European Commission through delegated acts. As in other recent product regulations, Article 16(2) empowers the Commission to specify a wide range of technical parameters, including maximum speed, braking, steering, and more. For the time being, the Regulation requires only that machinery be designed so as to minimize risks to occupants, bystanders, and road infrastructure (Article 16(1)).

The type-approval procedure mirrors the familiar EU framework: the manufacturer or its authorized representative must submit an application and supporting documentation to a national approval authority, which then issues type approval. Technical units that have already been approved under Regulations (EU) 2018/858 or 167/2013 may be used, provided they are properly integrated and do not compromise compliance with applicable requirements.

Obligations of Manufacturers, Importers, and Distributors

The obligations largely reflect those in the existing EU type-approval system. Manufacturers, importers, and distributors must ensure that any mobile machinery or equipment they place on the market either corresponds to an approved type or has received individual approval. Responsibilities are tiered: manufacturers and importers must thoroughly verify compliance, while distributors are required to exercise “due diligence” by checking documentation and markings (Article 12). The Regulation also addresses “quasi-manufacturers” in Article 14.

Entry into Force and Application

The Regulation enters into force on 28 January 2025 (Article 56(1)). However, most provisions will only apply from 29 January 2028 (Article 56(4)). Machinery placed on the market before that date is excluded from its scope (Article 2(2)(f)).

Despite this application date, Member States may continue applying national type-approval rules to vehicles placed on the market before 29 January 2036. During this transition period, manufacturers may choose EU type approval, EU individual approval, or compliance with national legislation.

Outlook

The new EU type-approval regime for mobile machinery not intended for road use will create significant challenges for manufacturers, importers, and distributors, while also simplifying EU-wide market access. However, the exact technical requirements remain unclear until the Commission adopts delegated acts.

Even though the main application date is still some years away, businesses should already begin familiarizing themselves with the new framework, assessing its implications, and monitoring the Commission’s implementing measures. As usual, non-compliance may result in fines. Member States are responsible for setting penalties and must ensure they are effective, proportionate, and dissuasive (Article 53(1)). Based on current German enforcement practice under the existing EU type-approval regime, fines of up to EUR 500,000 per violation are likely—potentially up to ten times higher where Section 30(2) sentence 3 of the German Administrative Offenses Act (OWiG) applies.

To find out more about vehicle regulations in the EU, please do not hesitate to contact the Institute for Global Automotive Regulatory Research.