The Human Environment and Transport Inspectorate (ILT) recently conducted an investigation into vehicle lighting at (car) traders. The research was carried out in the context of an EU surveillance project with the context of market surveillance of traffic products, and specifically focused on the sale of car lamps for external lighting.

Results of the ILT study

The Minister of Infrastructure and Water Management, van Nieuwenhuizen Wijbenga, indicates that the investigation was checked by the ILT for the presence of the so-called E-brand on the lighting. Only E-marked lighting may be used on public roads.

The E-brand serves several purposes. On the one hand, it ensures safety for other road users because the lighting has to meet various technical requirements, and on the other it strives for a level playing field because these requirements apply to all manufacturers who want to market vehicle lighting on the EU.

Vehicle lighting without an E-brand may be sold, for example if it is specially designed for use on a track, but it may not be used on public roads. It should be noted that the manufacturer who designs the lighting determines what it is intended for.

The investigation showed that the (car) traders visited sold vehicle lighting without an E-brand. To inform the consumer that these lamps should not be used on public roads, they themselves indicated on the packaging that this was not allowed. These companies assumed that they had correctly informed the consumer and that it was up to the consumer to choose which type of lighting was purchased for which purpose. The companies acted in this way on the basis of previous communication with the ILT.

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Incorrect communication from the ILT

The ILT has previously indicated that such lighting that did not bear the E-mark could be sold as long as it was made clear to a customer (including the consumer) that this vehicle lighting may not be used on public roads. However, this interpretation of the legislation proved incorrect during the EU surveillance project. Only the manufacturer can determine what the lighting is made for and not the importer or distributor.

The ILT has informed the companies concerned that this is not allowed and that all traffic products sold for use on public roads must comply with the legal requirements that have been imposed on the product. This means that the product must bear an E-mark affixed by the manufacturer.

Because communication had been different in the past, the ILT not (yet) enforced. There are no indications that there are any risks to road safety. For example, inquiries with the Police revealed that no data are known about accidents resulting from the use of car lighting without an E-brand.

Follow-up actions

The ILT has given the companies involved until November 1 to adjust things. Companies can expect another inspection from 1 November. The ILT will further inform consumers as well as other players in this market, such as the ANWB, Bovag, the Consumers' Association and Veilig Verkeer Nederland, about this vehicle lighting.

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