The Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007

Application N.I.

5.—(1) Subject to paragraph (2) these Regulations apply to—

(a) every motor vehicle manufactured on or after 1st August 1978 and not first used before 2nd December 1985 which is constructed solely for the carriage of passengers and their effects or is a dual-purpose vehicle and in either case which—

(i) is adapted to carry not more than eight passengers exclusive of the driver and either has four or more wheels or, if having only three wheels, has a maximum gross weight of more than 1000 kilograms, or

(ii) has three wheels, a maximum gross weight not exceeding 1000 kilograms, and either a design speed exceeding 50 kilometres per hour or an engine with a capacity exceeding 50 cubic centimetres, and is not a motor cycle with or without a side-car attached; and

(b) parts of any such motor vehicles.

(2) These Regulations do not apply to, or to parts of—

(a) a motor vehicle brought temporarily into Northern Ireland by a person resident abroad;

(b) a vehicle in the service of a visiting force or of a headquarters (as defined in Article 8(9)(b) of the Visiting Forces and International Headquarters (Application of Law) Order 1999)(1);

(c) a motor vehicle which is to be exported from Northern Ireland and which has been zero-rated under regulation 132, 133 or 155 of the Value Added Tax Regulations 1995(2);

(d) a motor vehicle which is of a new or improved type, or is fitted with equipment of a new or improved type, and which has been constructed to that type, or fitted with that equipment, for the purposes of tests or trials or for use as a prototype, and—

(i) is not intended for general use on roads, and

(ii) in the case of a vehicle first used on a road on or after 2nd December 1985 remains in the ownership and the use of—

(A) the manufacturer of the vehicle if the vehicle is of a new or improved type, or

(B) the manufacturer of the equipment if the vehicle is fitted with equipment of a new or improved type or the manufacturer of the vehicle on which that equipment is used;

(e) a motor vehicle which is of a new or improved type provided that the conditions in paragraph (3) are satisfied;

(f) a motor vehicle where it has ceased to be in the service of the regular armed forces of the Crown or the Royal Irish Regiment; or

(g) a motor vehicle for which a first licence was granted under the Vehicles (Excise) Act 1971(3) on or after 1st August 1978.

(3) The conditions referred to in paragraph (2)(e) are that—

(a) the manufacturer of the vehicle has made an application—

(i) in respect of a type vehicle in accordance with regulation 8 for a type approval certificate, or

(ii) in respect of another vehicle (“the initial vehicle”) in accordance with regulation 9 for a Department’s approval certificate;

(b) an appointment has been made for a final examination of the type vehicle or the initial vehicle (as the case may be);

(c) the vehicle conforms with the type vehicle or the initial vehicle (as the case may be) in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the information document accompanying the application pursuant to regulation 8 or 9;

(d) the vehicle complies with the relevant type approval requirements specified in Part I of Schedule 1;

(e) the Department has been notified of the vehicle identification number;

(f) the vehicle—

(i) was at the date of manufacture owned by the manufacturer of the vehicle and has remained in his ownership,

(ii) has not been offered for sale by him,

(iii) has not been let or offered for letting under a hire agreement or a hire-purchase agreement, and

(iv) has not been used on any road for any purpose other than for, or in connection with, publicity, demonstration or evaluation of vehicles of the new or improved type; and

(g) the manufacturer of the vehicle intends that until pursuant to the application mentioned in sub-paragraph (a) there has been issued a type approval certificate or a Department’s approval certificate (as the case may be), the vehicle—

(i) shall remain in his ownership,

(ii) shall not be offered for sale by him,

(iii) shall not be let or offered for letting under a hire agreement or a hire-purchase agreement, and

(iv) shall not be used on a road for any purpose other than for, or in connection with, publicity, demonstration or evaluation of vehicles of the new or improved type.

Commencement Information

I1 Reg. 5 in operation at 10.7.2007, see reg. 1

(1)

S.I. 1999/1736

(2)

S.I. 1995/2518, to which there is an amendment not relevant to these Regulations

(3)

1971 c. 10