My new car's intelligent speed assistance keeps malfunctioning. Is this a type-approval issue?

What the Law Says

Intelligent Speed Assistance (ISA) is a mandatory advanced driver assistance system (ADAS) for all new vehicle types approved in the EU from 6 July 2022, and for all new vehicles registered from 6 July 2024. Its malfunction may breach EU type-approval requirements.

Under Regulation (EU) 2019/2144, ISA must be fitted to all new M1 (passenger) and N1 (light commercial) vehicles. It must automatically limit vehicle speed when exceeding local speed limits — using GPS and camera-based recognition — and provide visual and audible alerts before intervention.

The regulation requires ISA to be 'operational at all times' unless manually overridden by the driver, and mandates 'fail-safe behaviour': if a fault occurs, the system must default to alert-only mode (no speed limitation disabled) or notify the driver immediately. Persistent failure to meet these criteria may invalidate the vehicle’s EU type-approval.

Manufacturers must ensure systems comply with technical specifications in Annex II and undergo conformity of production checks. National authorities can suspend or withdraw type-approval if non-compliance is confirmed.

Statutory Text

From 6 July 2024, all new vehicles of categories M1 and N1 shall be equipped with an intelligent speed assistance system.

— Regulation (EU) 2019/2144, Art. 3(1)

Statutory Text

The intelligent speed assistance system shall be operational at all times, unless the driver has manually switched it off.

— Regulation (EU) 2019/2144, Annex II, s. 4.1

Statutory Text

In case of malfunction, the system shall inform the driver without delay and shall not disable the warning function.

— Regulation (EU) 2019/2144, Annex II, s. 4.5

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