Recent Developments
The Regulation on the Preparation of Administrative Provisions for the Type-Approval of Motor Vehicles with respect to their 112-based eCall in-Vehicle Systems Service and Privacy and Data Protection for the Users of Such System (2017/78/EU) (“Administrative Provisions Regulation”); the Regulation on the Technical Requirements and Test Procedures for the Type-Approval of Motor Vehicles with Respect to their 112-based eCall In-vehicles Systems, of 112-based eCall In-vehicle Separate Technical Units and Components (2017/79/EU) (“Technical Requirements Regulation”); and the Regulation Amending the Regulation on Type-Approval Requirements for the Deployment of eCall In-Vehicle System based on the 112 Service (2015/758/EU) (“Amending Regulation”) entered into force through publication in the Official Gazette on June 9, 2018.
What’s New?
Turkey is in the process of implementing a mandatory vehicle emergency calling programme (“eCall”) which is closely modelled after EU regulations. By way of background, the Regulation on Type-Approval Requirements for the Deployment of eCall In-Vehicle System based on the 112 Service (“Type-Approval Regulation”) entered into force on March 31, 2018, establishing the general requirements for type-approval of vehicles in respect of the 112-based eCall in-vehicle systems, components and separate technical units (“STUs”).
Modelled after the Commission Implementing Regulation (EU) 2017/78, the Administrative Provisions Regulation establishes the general administrative requirements for the approval of new types of vehicles with respect to the 112-based eCall in- vehicle systems, as well as of STUs and 112-based eCall in-vehicle system components designed and constructed for such vehicles. Moreover, the Administrative Provisions Regulation stipulates certain principles for the privacy and data protection of users of the 112-based eCall in-vehicle systems.
The Technical Requirements Regulation, reflecting the rules in the Commission Delegated Regulation (EU) 2017/79, lays down the specific technical requirements and test procedures for the type-approval of motor vehicles with regard to their 112-based eCall in-vehicle systems, as well as for STUs and 112-based eCall in-vehicle system components.
The Amending Regulation amended certain provisions of the Type-Approval Regulation, particularly modifying certain definitions and the scope of the standards that apply to motor vehicles, STUs and vehicle system components.
Conclusion
Following Turkey’s participation in the Harmonized eCall European Pilot (HeERO) project on January 1, 2013, Turkey’s legislative efforts regarding eCall have accelerated. As of March 31, 2018, motor vehicle manufacturers are liable to ensure that vehicles to be released into the Turkish market comply with the eCall legislation.
The Administrative Provisions Regulation and the Technical Requirements Regulation impose certain obligations on manufacturers and telecommunications operators. Manufacturers and telecommunication operators should closely follow the legal steps the Ministry of Science Industry and Technology will take as the enforcement body. As 112-based eCall in-vehicle systems touches upon the regulations on data privacy and telecommunication, further actions may also be expected from the Information and Communication Technologies Authority and the Personal Data Protection Authority.
