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1. This Regulation applies to non-road mobile machinery (‘U-category vehicles’) where it is placed on the market and intended to circulate, whether occasionally or regularly, with or without a driver, on a public road.

2. This Regulation does not apply to the following:

(a) non-road mobile machinery with a maximum design speed exceeding 40 km/h;

(b) non-road mobile machinery with a maximum design speed not exceeding 6 km/h;

(c) non-road mobile machinery equipped with more than three seating positions, including the driver’s seating position;

(d) machinery, as defined in Article 2, point (a), of Directive 2006/42/EC, primarily intended for the transport of one or more persons, animals or goods other than instruments or auxiliaries required for the performance of work, materials resulting from or necessary for work or for intermediate storage, or materials transported on construction sites;

(e) vehicles, including motor vehicles, tractors, trailers, two-wheel or three-wheel vehicles, quadricycles and interchangeable towed equipment, falling exclusively within the scope of Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 of the European Parliament and of the Council or Regulation (EU) 2018/858;

(f) non-road mobile machinery that was placed on the market, registered or entered into service before 29 January 2028.

3. For the following non-road mobile machinery, the manufacturer may decide to apply for the EU type-approval, to apply for the EU individual approval or to comply with the relevant national law, where appropriate:

(a) non-road mobile machinery where the number of units per type does not exceed 70 per year and in each Member State;

(b) prototypes of non-road mobile machinery intended to be used on the road under the responsibility of the manufacturer to carry out specific development test programmes or field tests, if they have been specifically designed and constructed for that purpose;

(c) non-road mobile machinery designed and constructed for use principally in quarries, ports or airport facilities;

(d) vehicles designed and constructed or adapted for use by civil protection, fire services and forces responsible for maintaining public order.