The current status had been presented under agenda item 8. It was again explained that version C of the owner’s manual is available. On request it is agreed that the document will be shared as official document GTR9-2-13 of the documents of this meeting. (This appears to be an error in the draft meeting report since document GTR9-02-13 is not the user manual; however, GAR notes that a user manual was provided to session 3 which we duly provide for your convenience.)

Dr. Ries presented document GTR9-2-06 requesting more transparency of the respective activities. Making the respective documentation available may encourage other manufacturers to e.g. supply spare parts or even complete impactors. Mr. Burleigh confirmed that all documentation will be available as soon as the FlexPLI will be part of legislation. This had already been agreed. However, Humanetics of course would not like to see other manufacturers to produce spare parts etc. but could not prevent this. However, he also promised that for example the delivery of spare parts will improve soon.

Mr. Frost added that in WP.29 it was already agreed that engineering drawings of dummies and dummy parts will be shared but not manufacturing drawings. So, competitors will have to invest on their own to deliver parts having the same performance. The current proposal foresees that drawings will be made available during the discussion period only for information purposes covering a disclaimer that it may not be used for commercial purposes. After dummies and dummy parts will have been finally agreed the disclaimers on the drawings will be removed and the engineering drawings will be made available. Also, there was the question on how to work with parts or technology that are protected by patents. For this, no final solution is available by now. Several dummies have been developed using funding from governments etc. If parts are protected by patents it is unclear whether this has to be respected by governments. Several governments are still trying to solve this issue together with Humanetics. However, WP.29 already agreed to have a Special Resolution No. 2 in the future that will form a kind of library for dummies and other test devices. The U.K. and the U.S. are currently preparing the wording of such a resolution. The idea is to differentiate between information that is needed for test laboratories only, which should be put into the S.R.2, and information that is needed for the test procedure, which should be put into the respective piece of legislation.

On request Mr. Frost confirmed that the intention is to not limit the S.R.2 to the 1958 or the 1998 agreement and that the idea is to draft it in a way that allows the use for both legislation frameworks.

Mr. Gehring pointed out that the question whether there are patents on the FlexPLI had not been answered. Dr. Konosu confirmed that JARI holds a general patent on the FlexPLI but that JARI will not be against the use of the impactor as soon as the discussion has been finalised. In addition, JARI will no longer pay the patent fees so that the patent will expire once the amendments including the FlexPLI specifications and requirements for the gtr 9 as well as the UN Regulation are accepted by WP.29. Mr. Burleigh added that he is not aware of further patents hold by Humanetics.

Mr. Frost in addition explained on request that the drawings will carry Humanetics’ name as long as the impactor is still in the development phase but that it probably will be removed after finalisation. However, it will also be a learning process on how to work with this in the future.

The chair thanked Mr. Frost for this [detour into] the current discussion of WP.29 on setting up a depository for test tools in future. Also, the chair noted that this will be very beneficial not only for the Flexible Pedestrian Legform Impactor but for other test tools waiting in the wings as well.