The Motor Vehicles (Type Approval) Regulations 1980

Cancellation or suspension of type approval certificates where vehicles or vehicle components are not manufactured in conformity with type approval requirementsU.K.

12.—(1) If the Minister—

(a)after examination of at least two vehicles, being vehicles of a particular type in respect of which a type approval certificate is in force and in respect of each of which a certificate of conformity is in force, or after examination of at least two vehicle components, being components of a particular type which have been marked with an approval mark in accordance with Regulation 8 in respect of which a type approval certificate is in force, is satisfied that each of those vehicles or, as the case may be, each of those vehicle components has not been manufactured so as to conform with the relevant aspects of design, construction, equipment or marking; or

(b)is notified by the competent authority of any other Member State that, in relation to any such vehicles or vehicle components and the manufacturer thereof as may be specified by that authority, the authority, after such examination as aforesaid, is similarly so satisfied,

he shall give notice of that fact to the manufacturer specifying—

(i)the particular respects in which the vehicles or vehicle components in question have been found (either by the Minister, or as the case may be, the said competent authority) not so to conform,

(ii)the steps that shall be taken by the manufacturer to ensure that vehicles or vehicle components of that type are manufactured by him so as to conform with the said aspects and the period within which those steps shall be taken, and

(iii)that unless those steps are taken within that period the type approval certificate in question may be cancelled or suspended,

and if, at any time after the expiration of that period, the Minister (whether or not after any or any further examination of any such vehicles or vehicle components) is not satisfied that all the steps so specified have been taken, he may, by notice under Regulation 13, cancel or suspend the type approval certificate.

(2) A copy of any notice given to a manufacturer under paragraph (1) shall, within a period of one month from the date on which it is given, be sent by the Minister to the competent authority of every other Member State.

Commencement Information

I1Reg. 12 in force at 9.9.1980, see reg. 1