The final word on ECE R90?

[longsh07]

The ECE R90 regulation is something that bothers me every time I look at brake parts and appears to be endlessly discussed online (oh the irony of adding to this).

I appreciate a lot of people do not care and will fit what ever they want anyway but for my own piece of mind I need to know the answer!

For the record I am in no way a legal expert, everything listed below has been obtained through (exessive) research to put my own mind at rest.

 

 

For those who are not aware, basically the R90 regulation controls the quality of replacement brake parts (currently brake pads but soon to be discs too) fitted to vehicles first used after 1st Sept 1999.

Sounds good right? Well the problem is the margin of error is PLUS or MINUS 15% from the performance of the OE part fitted meaning pads that perform 15% better than OE cannot obtain approval.

 

Every time it comes to replacing brake parts I always end up reading into this to try and get my head around it. Nothing in the ECE R90 document says that it is illegal to use these on the road but the manufactures often list on the product that, while safe, they are not approved or legal for use on the road.

 

Having reached out to HORIBA MIRA who do some of the testing, they said the following:

Under Statutory Instrument 1999 no. 2978, Consumer Protection, The Road Vehicles (Brake Linings Safety) Regulation 1999, brake pads have to be compliant with the Brake Devices Directive which in turn calls out the type approval requirements of UNECE Regulation 90 so the use of non-R90 approved pads is illegal except for “a relevant vehicle which was first used before 1st September 1999, provided that the replacement brake linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used “.

 

With regard to your modification query, the replacement calipers would need to be type approved units and as such should have appropriate approved pads. If you are using race brakes then I’m afraid unless they are type approved, they are not legal for road use.

 

Gutted.

 

Thankfully I decided not to stop there and looked up the 'The Road Vehicles (Brake Linings Safety) Regulation 1999'. (http://www.legislati...8/contents/made)

If you take a look at this link, paragraph (4) does say that brake linings have to be approved in accordance with ECE R90 and marked accordingly. Paragraph (5) is an exception to this for vehicles first used before 1st Sept 1999.

 

However, in 2003 there was an amendment made to this: (http://www.legislati...4/contents/made)

Paragraph (4) in this legislation is designed to replace paragraph (5), and if you read it, has one very important line.

(2) ( a ) Regulation 4 shall not apply in relation to replacement brake linings if -

(iii) a vehicle in respect of which the design of the braking system has been modified to enhance the brake performance beyond that required to secure EC type approval

 

I'm by no means a legal expert but to me that reads as though it is OK to use a non R90 pad, disc, big brake kit, that exceeds the type approved part (R90 approved OE part) as long as it meets the rest of the criteria about packing and per axle replacement (see (4) (3) ( a ) and ( b ) ).

I have no idea how this would ever be tested if the performance was ever called into question!

 

 

So there. Please by all means correct me if you think I am wrong or have misinterpreted this. As I've said twice already I am by no means an expert in this but all the information I have obtained and posted has been though my own (excessive) research. I just hope this is useful to somebody other than myself

[Ekona]

Posting here so it reminds me to have a read up later. In short though, I'd love to go to court if anyone dared to suggest my brakes which are now 20% better than OEM are less safe than stock.

[brillomaster]

Is any consideration made for hot and cold braking performance? cos a race compound pad may perform very well when hot, but may not work at all well when cold, which is the circumstances under which the majority of braking on the road occurs.

[Jetpilot]

Slightly ironic when most insurance companies require uprated pads and discs if your running anything other than near std hp, when i insured my charged zed the question was asked, have the brakes been upgraded, no question of what make they were or did they have whatever ece r90 approval.

 

My advise would be, dont loose any sleep over it......

[longsh07]

Is any consideration made for hot and cold braking performance? cos a race compound pad may perform very well when hot, but may not work at all well when cold, which is the circumstances under which the majority of braking on the road occurs.

 

Not from what I've seen in the UK legislation. The R90 reg does take cold and hot performance but only up to 500c I believe.

[longsh07]

Slightly ironic when most insurance companies require uprated pads and discs if your running anything other than near std hp, when i insured my charged zed the question was asked, have the brakes been upgraded, no question of what make they were or did they have whatever ece r90 approval.

 

My advise would be, dont loose any sleep over it......

 

I spoke to my insurance company about all this too and they didn't seem to be bothered if the car was fitted with non-R90 pads.

Oddly never been required to upgrade the brakes but then again the 350 is only has intake, plenum spacer, exhaust and remap which would alter the power.