Tech Talk with Dale Camsell, Senior Technical Consultant

Dale Camsell, CEA Senior Technical Consultant, provides critical insights into the latest developments affecting the construction equipment sector. From contributing to the UK's consultation on GB-type approval for non-road mobile machinery (NRMM) to advocating for the inclusion of hydrogen-fuelled NRMM on public roads, the CEA is actively shaping the regulatory landscape. Additionally, we highlight recent successes in legal amendments related to towing trailers with construction equipment and the implications of the newly published EU Artificial Intelligence Regulation.

CEA contributes to UK consultation on GB-type approval

For the engine of a non-road mobile machine (NRMM), such as construction equipment, to be used in GB, type approval must first be obtained from the relevant authority. Before the UK’s exit from the EU, type approval and its predecessors were obtained through the EU Stage V regulation. However, immediately following the UK’s exit, a regulatory void was created since there was no equivalent UK law in place by which type approval could be obtained for selling NRMM engines into the GB market. To fill this void, the UK established an interim measure that allowed a provisional type approval to be obtained from the UK Vehicle Certification Authority (VCA). This temporary measure will be removed in 2027 and is intended to be replaced with a new law that will, from 2028, require NRMM engines to have full GB-type approval (GBTA) and will provide the mechanism for such approvals to be obtained.

During the second quarter of 2024, the Department for Transport (DfT) launched a consultation on a policy paper titled “A vision for GB type approval,” in which DfT outlined its proposal for the new law that will replace the interim measure. Through the CEA’s General Technical Committee (GTC), I sought members' views on the proposed new scheme's content, feasibility, and practicalities. The matter was discussed during the Q2 GTC meeting, kindly hosted by Terex, Dungannon. It was agreed that CEA’s response should closely align with that being developed by the trade association that represents NRMM engine manufacturers, the Society of Motor Manufacturers and Traders’ Off-Highway Engine Expert Group (SMMT-OHEEG), of which CEA is a member.

In brief, the main principle of our response to the consultation was to urge the UK to continue accepting EU NRMM engine-type approvals in the same way that the UK will indefinitely accept CE markings for machines. We argued that if GBTA introduces a new requirement for manufacturers to obtain a unique type approval for the GB market, then this would add an unnecessary administrative burden. We await the outcome of the consultation, but I will keep members posted on progress as the situation develops.

CEA advocates for permitting hydrogen fuelled NRMM to circulate on public roads

UK regulations allow hydrogen-fuelled cars, trucks, and buses to circulate on public roads in GB, but, as things currently stand, hydrogen-fuelled NRMM is not treated equally and is not allowed on GB roads. This disparity needs to be addressed with some urgency since many CEA members are developing construction equipment powered by a hydrogen-fuelled internal combustion engine. The way the law is currently written, these machines would be legally allowed to operate on a construction site. Still, they would not be permitted to circulate on public roads, putting them at a disadvantage compared to their traditionally fuelled counterparts.

The CEA was therefore very keen to respond to a recent DfT open consultation titled “Enabling road use of hydrogen-powered non-road mobile machinery,” which sought stakeholder views on whether hydrogen-fuelled NRMM should be allowed on GB roads and asked for feedback on DfT’s proposal on the means to demonstrate compliance with safety requirements.

After consulting with the wider CEA membership, our views were established and fed back to DfT. We are very much welcome that hydrogen-fuelled NRMM should be allowed to go on the road, but we have some significant issues with the proposed route to demonstrate safety compliance. However, rather than raise our concerns, we supplemented our response with a counter-proposal offering a more reasoned compliance mechanism that will ultimately lead to safer machinery circulating on the road.  We also believed that approval should not be granted for machinery initially sold with a diesel-fuelled engine, which was subsequently retrofitted with a hydrogen-fuel system in the aftermarket.

Again, we await the outcome of the consultation, but I will advise members as soon as I have something further to report.

Advocacy wins for the towing of trailers by engineering plant

One of our members, JCB, has been highly active in pursuing a change in the law that will allow certain types of construction equipment to tow a trailer on non-motorway roads in specific circumstances. As a result of JCB’s advocacy, DfT recently held an informal targeted consultation, which asked for stakeholder views on DfT’s proposed amendment to the law. Having liaised with CEA members, our response to the consultation was entirely supportive.

I'm pleased to report that the advocacy was successful, and applications to obtain a vehicle special order (VSO) can now be submitted to VCA. In fact, JCB has already received its first VSO, proving that the system works.

As a reminder, VSOs will only be granted in very specific circumstances. The machine must be wheeled, not exceed 8 metres in length, and not travel at more than 20 mph on the road. Towing is restricted to roads other than motorways, and the trailer must only carry materials and tools for road construction, maintenance, or repair.

Please don’t hesitate to contact me for further details, including information about the application process.

EU publishes Artificial Intelligence Regulation

 The long-anticipated EU regulation laying down harmonised rules on artificial intelligence (AI) has recently been published. It entered into force on 2^nd August 2024, although it will come into effect in stages over the coming years.

The EU proposal to create a cross-cutting, non-sector-specific AI regulation was announced in April 2021. The European Commission initially intended to develop and publish the AI regulation in parallel with the new machinery regulation. Still, due to complications in the progress of AI regulation, its development was delayed. However, the development process is complete, and the regulation has recently been published. Through the Committee for European Construction Equipment (CECE), CEA members could advocate for many changes to the European Commission’s original legislative proposal. While the final publication is not entirely what we would have liked, the CEA is generally happy with the final version.

At this point, its implications on construction equipment will be relatively limited; only construction equipment that utilises AI to ensure safety functions are within its scope. Operationally focused AI is not, therefore, governed by this regulation. As far as I'm aware, AI that ensures a safety function is not a common feature of construction equipment being placed on the market today. Of course, this could well change as state-of-the-art advances. Machines that include AI in a safety function must comply with the AI regulation by August 2027.

Contact me if you have any regulatory queries

My role is to provide CEA members with advice and guidance on regulatory matters in the UK, EU, and globally. Please do not hesitate to contact me with any technical queries about standards and regulations affecting your products. I can be contacted at dale.camsell@thecea.org.uk.