The Motor Vehicles (EC Type Approval) Regulations 1998

PART I PRELIMINARY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Motor Vehicles (EC Type Approval) Regulations 1998 and shall come into force on 23rd September 1998.

(2) These Regulations extend to Northern Ireland.

Revocation

2.  The Regulations specified in Schedule 3 are revoked to the extent specified in the third column of that Schedule.

Interpretation

3.—(1) In these Regulations—

“the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981(1);

“the 1988 Act” means the Road Traffic Act 1988(2);

“the 1980 Regulations” means the Motor Vehicles (Type Approval) Regulations 1980(3);

“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(4);

“the 1985 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland 1985(5);

“the 1987 Regulations” means the Motor Vehicles (Type Approval) (EEC) Regulations (Northern Ireland) 1987(6);

“the 1994 Act” means the Vehicle Excise and Registration Act 1994(7);

“the Framework Directive” means Council Directive 70/156/EEC(8) as amended by Council Directives 87/403/EEC(9), and 92/53/EEC(10) and Commission Directives 93/81/EEC(11) and 98/14/EC(12);

“EC certificate of conformity” means any certificate of conformity issued by a manufacturer—

(a)

under regulation 5 of these Regulations, or

(b)

under any provision of the law of a Member State other than the United Kingdom giving effect to Article 6 of the Framework Directive;

“EC type approval” means—

(a)

vehicle type approval for a light passenger vehicle granted pursuant to the Framework Directive (an “EC vehicle type approval”), or

(b)

system, component or separate technical unit type approval granted pursuant to a separate Directive (an “EC system, component or separate technical unit type approval”),

and references to an application for EC type approval and other cognate expressions shall be construed accordingly;

“EC type approval certificate” means a type approval certificate issued—

(a)

by the Secretary of State under regulation 4(5) of these Regulations, or

(b)

under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive;

“light passenger vehicle” has the meaning given in section 85 of the 1988 Act; and

“separate Directive” means a Directive specified in the second column of an item in Schedule 1 to these Regulations as read with Directives (if any) specified in the third column of that item.

(2) Other expressions used in these Regulations which are also used in the Framework Directive shall have the same meaning as in the Framework Directive and cognate expressions shall be construed accordingly.

(3) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and

(c) a numbered Schedule is a reference to the Schedule so numbered in these Regulations.

PART II EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE

Applications for grant or amendment of EC type approval

4.—(1) An application for an EC type approval may be made to the Secretary of State.

(2) Such an application shall be—

(a) in writing, and

(b) accompanied by—

(i) the documents required by Article 3 of the Framework Directive, and

(ii) where appropriate, the documents referred to in Article 2(10) of Directive 98/14/EC(13).

(3) An application by the holder of an EC type approval for the approval to be amended shall be made in writing to the Secretary of State.

(4) Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.

(5) Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.

(6) Such a certificate shall be in the form required by the Framework Directive or the relevant separate Directive (as the case may be).

(7) The Secretary of State may grant an EC component or separate technical unit type approval subject to restrictions on the use of, or conditions as respects the fitting of, a component or separate technical unit (as the case may be) of the type to which the approval relates, and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.

(8) The Secretary of State may refuse to grant an EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulations 5, 6 and 7.

(9) The Secretary of State may refuse to grant an EC system, component or separate technical unit type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulation 6 or 8.

(10) Without prejudice to paragraphs (8) and (9), the Secretary of State shall make any decision under this regulation in accordance with the Framework Directive and any relevant separate Directives and in particular the requirement of the Framework Directive that a Member State granting EC type approval shall ensure that adequate arrangements have been made to ensure that production vehicles, systems, components and separate technical units conform to the EC approved type.

EC certificates of conformity and approval marks

5.—(1) The holder of an EC vehicle type approval granted by the Secretary of State shall comply with the requirements of Articles 5, 6(1) (holders to issue certificates of conformity) and Annex XIIB (End-of-Series Limits) of the Framework Directive.

(2) The holder of an EC vehicle type approval granted by the Secretary of State shall keep a record in respect of each EC certificate of conformity issued by him of—

(a) the serial number of the certificate,

(b) the vehicle identity number of the vehicle to which the certificate relates, and

(c) the Community reference numbers of the Directives with which the vehicle conformed,

and shall retain all such records for 10 years or such lesser period as the Secretary of State may from time to time agree.

(3) The holder of an EC type approval granted by the Secretary of State for component or separate technical unit shall comply with the requirements of Article 6(3) (holders to affix mark) of the Framework Directive.

Tests and associated checks

6.  Where the holder of an EC type approval granted by the Secretary of State has given an undertaking to the Secretary of State as to the carrying out at specified intervals of tests or associated checks to verify conformity of production, the holder shall unless otherwise agreed by the Secretary of State—

(a) comply with the undertaking, and

(b) keep a record of the results obtained from such tests and associated checks and retain the records for 10 years or such lesser period as the Secretary of State may from time to time agree.

Duty to co-operate with the Secretary of State

7.  The holder of an EC type approval granted by the Secretary of State shall permit the Secretary of State to carry out the obligations of the United Kingdom in relation to the approval under Article 10(2) of the Framework Directive or any similar provision under a separate Directive and shall co-operate with any person acting on behalf of the Secretary of State in connection with those obligations.

Information concerning restrictions on the use of components and separate technical units

8.—(1) This regulation applies where an EC component or separate technical unit type approval has, pursuant to regulation 4(7), been granted by the Secretary of State subject to restrictions or conditions.

(2) The holder shall not, in the course of supplying a component or separate technical unit manufactured by him and bearing an approval mark relating to that approval, deliver the component or separate technical unit unless it is accompanied by a document setting out the restrictions or conditions.

Withdrawal or suspension of EC type approval

9.—(1) In this regulation a reference to a failure to conform to an EC type approval shall be construed in accordance with Article 11(1) of the Framework Directive.

(2) If the Secretary of State, after an examination has been carried out on his behalf of two or more—

(a) light passenger vehicles associated with a single EC vehicle type approval granted by him, or

(b) components or separate technical units, being components or separate technical units associated with a single EC component or separate technical unit type approval granted by him,

is satisfied that there has been a failure to conform to the approved type for each of those vehicles or, as the case may be, each of those vehicle components or separate technical units, he may by notice given to the holder withdraw the EC type approval.

(3) If, as a result of carrying out the obligations of the United Kingdom under Article 10(2) of the Framework Directive (with the co-operation of other Member States or otherwise) for an EC type approval issued by him, the Secretary of State is satisfied that—

(a) the holder’s arrangements for ensuring that production vehicles, systems, components or separate technical units (as the case may be) conform to the approved type no longer continue to be adequate, or

(b) without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulation 5, 6, 7 or 8,

the Secretary of State may by notice given to the holder suspend the EC type approval.

(4) Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State shall give the holder notice stating that he is considering withdrawing the approval.

(5) Where the Secretary of State gives notice to the holder under paragraph (4)—

(a) the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,

(b) the Secretary of State shall not decide to withdraw or suspend the approval until the expiration of that period, and

(c) before deciding whether or not withdraw or suspend the approval, the Secretary of State shall take into account any such representations made by the holder during that period.

(6) If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval was suspended.

(7) A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.

(8) The Secretary of State may, by notice under paragraph (4) or by subsequent notice given to the holder, exempt from paragraph (6) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.

(9) If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) for an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.

(10) For the purposes of this regulation—

(a) a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and

(b) a component or separate technical unit is associated with an EC component or separate technical unit type approval if it has been marked with an approval mark and the marking relates to that type approval.

PART III LICENSING AND REGISTRATION

Powers of the Secretary of State in a case where a vehicle is a serious risk to road safety

10.—(1) Where the Secretary of State considers that vehicles of a particular type in respect of which an EC type approval has effect are a serious risk to road safety, he may direct that for a specified period not exceeding six months all EC certificates of conformity issued under that EC type approval (whether before or after the giving of the direction) shall be invalid for the purposes of—

(a) Part II of the 1988 Act,

(b) Part IV of the 1981 Order, and

(c) regulation 11.

(2) A direction under this regulation may be revoked by the Secretary of State.

(3) Notice of a direction under this regulation shall be given to the holder of the EC type approval.

(4) If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (2) for a direction given by him under this regulation, he shall give notice of his decision to the holder.

Conditions for grant of first licence or registration

11.—(1) Subject to paragraphs (4) to (10), where application is made for a first licence under the 1994 Act for a light passenger vehicle the licence shall not be granted unless one of the conditions in paragraph (3) is satisfied.

(2) Subject to paragraphs (4) to (10), the Secretary of State shall not register a light passenger vehicle under section 21 of the 1994 Act(14) as applied by regulations under section 22(2) of that Act to vehicles in respect of which duty is not chargeable under that Act, unless one of the conditions in paragraph (3) is satisfied.

(3) The conditions referred to in paragraphs (1) and (2) are that—

(a) it is shown that an EC certificate of conformity has effect with respect to the vehicle,

(b) a Minister’s approval certificate issued under section 58(1) of the 1988 Act has effect with respect to the vehicle,

(c) a Minister’s approval certificate issued under section 58(4) of the 1988 Act has effect with respect to the vehicle and is—

(i) in a form prescribed by regulation 9(4) of the 1984 Regulations,

(ii) endorsed in accordance with regulation 9(6) of the 1984 Regulations, or

(iii) in a form prescribed by regulation 9(4) of the 1985 Regulations,

(d) the vehicle falls within—

(i) regulation 3(2)(g) of the 1984 Regulations, or

(ii) regulation 3(2)(g) of the 1985 Regulations, or

(e) sections 63, 65 and 65A(15) of the 1988 Act or Articles 31E and 31G of the 1981 Order have become applicable to the vehicle after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act or Article 214 of the 1981 Order (which relates to vehicles in the service of the Crown), those sections or Articles did not apply to it.

(4) Paragraphs (1) and (2) shall not apply for a vehicle which—

(a) conforms with a type vehicle in respect of which a national type approval certificate was issued before 1st January 1996,

(b) conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 Act before 1st January 1996, or

(c) belongs to the same type as a vehicle registered under section 21 of the 1994 Act before 1st January 1996.

(5) This paragraph applies to a vehicle belonging to a type of vehicle in respect of which a national type approval certificate has been issued before the 1st January 1998 as an incomplete vehicle.

(6) Paragraphs (1) and (2) shall not apply at any time before 1st January 2000—

(a) for a vehicle to which paragraph (5) applies and which—

(i) conforms with a type vehicle in respect of which a national type approval certificate was issued before the 1st January 1998,

(ii) conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 before 1st January 1998, or

(iii) belongs to the same type as a vehicle registered under section 21 of the 1994 Act before 1st January 1998.

(7) Paragraphs (1) and (2) shall not apply to a special purpose vehicle unless a manufacturer of such vehicle—

(a) makes a request for the grant or amendment of EC type approval to the Secretary of State, and

(b) submits an application for EC type approval to the Secretary of State in accordance with regulation 4.

(8) For the purposes of paragraphs (4)(a) and (6)(a)(i), a vehicle in respect of which a national certificate of conformity has effect shall be taken to conform with the relevant type vehicle; and for the purposes of paragraphs (4)(a) and (6)(a)(ii) a vehicle in respect of which a Minister’s approval certificate issued under section 58(4) of the 1988 Act has effect shall be taken to conform with the relevant vehicle in respect of which such a certificate was issued under section 58(1) of that Act.

(9) For the purposes of paragraphs (4) and (6), a vehicle belongs to a particular type only if it would be treated for the purposes of the Framework Directive as belonging to that type.

(10) Paragraphs (1) and (2) shall not apply in relation to—

(a) the licensing or registration by a public or local authority of any vehicle intended by that authority to be used by them for the purposes of civil defence (within the meaning of the Civil Defence Act 1948(16)), or

(b) the licensing or registration by a police authority of any vehicle intended to be used for police purposes.

(11) Where the Secretary of State, by virtue of this regulation, refuses to grant a first licence for a vehicle, he shall give notice of his decision to the applicant.

(12) Where the Secretary of State, by virtue of this regulation, refuses to register a vehicle in respect of which duty is not chargeable under the 1994 Act, he shall give notice of his decision to the person who appears to him to be the keeper of the vehicle.

(13) In this regulation—

(a) references to a Minister’s approval certificate issued under section 58(1) of the 1988 Act include references to a Department’s approval certificate issued under Article 31A(4) of the 1981 Order, and

(b) the reference to a Minister’s approval certificate issued under section 58(4) of that Act includes a reference to a Department’s approval certificate issued under Article 31A(5) of that Order.

(14) In this regulation—

“conform” means conform (within the meaning of section 55(3) of the 1988 Act or Article 31A(7) of the 1981 Order) with the relevant aspects of design, construction, equipment and marking (as defined in section 54(6) of that Act or Article 31A(7) of that Order),

“national certificate of conformity” means a certificate of conformity issued under section 57(1) of the 1988 Act or Article 31A(3) of the 1981 Order, and

“national type approval certificate” means a type approval certificate issued under section 55(2) of the 1988 Act or Article 31A(2) of the 1981 Order.

End of series vehicles for EC type approval

12.—(1) This regulation applies to an EC type approval if—

(a) it has been granted by the Secretary of State or under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive, and

(b) the Secretary of State is satisfied that it is going to cease to have effect in consequence of the provisions of the Framework Directive or a separate Directive.

(2) Subject to paragraph (3), the Secretary of State may, at the request of the holder of an EC type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of—

(a) Part II of the 1988 Act,

(b) Part IV of the 1981 Order, and

(c) this Part of these Regulations,

for the period of 12 months for complete vehicles as from the date on which the EC type approval lost its validity and for the period of 18 months for completed vehicles as from the date on which the EC type approval lost its validity.

(3) A direction under paragraph (2)—

(a) may be given only at a time when the EC type approval has effect,

(b) shall cease to have effect if—

(i) the EC type approval is withdrawn under regulation 9(2), or

(ii) the EC type approval is withdrawn under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive, or

(iii) ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and

(c) shall have effect subject to regulations 9(6) and (9) and 11.

(4) For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity for an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.

(5) If, following a request by a holder of an EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.

(6) In this regulation “end of series vehicle” has the meaning given in Part I of Schedule 2.

End of series vehicles for national type approval

13.—(1) This regulation applies to a national type approval if—

(a) it has been granted by the Secretary of State under any provision of the 1984 Regulations or by the Department of the Environment for Northern Ireland under any provision of the 1985 Regulations, and

(b) the Secretary of State is satisfied that it is going to cease to have effect in consequence of the provisions of regulation 11 of these Regulations.

(2) The Secretary of State may, at the request of the holder of a national type approval to which this regulation applies, direct that every relevant certificate of conformity shall continue to have effect for the purposes of—

(a) Part II of the 1988 Act,

(b) Part IV of the 1981 Order, and

(c) this Part of these Regulations,

for the period of 12 months for complete vehicles as from the date on which the national type approval lost its validity and for the period of 18 months for completed vehicles as from the date on which the national type approval lost its validity.

(3) Such a direction—

(a) may be given only at a time when the national type approval has effect; and

(b) shall cease to have effect if—

(i) the national type approval is cancelled or suspended under regulation 8(1) of the 1984 Regulations or regulation 8(1) of the 1985 Regulations, or

(ii) the national type approval otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b).

(4) For the purposes of paragraph (2), a certificate of conformity is a relevant certificate of conformity issued in accordance with the requirements of regulation 9(3) of the 1984 Regulations or regulation 9(3) of the 1985 Regulations (as from the time that the national type approval ceases to have effect) if the vehicle to which its relates is an end of series vehicle.

(5) If, following a request by a holder of national type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.

(6) In this regulation “end of series vehicle” has the meaning given in Part II of Schedule 2.

PART IV MISCELLANEOUS

Forgery, false statements etc

14.—(1) A person who, with intent to deceive—

(a) forges, alters or uses a document to which this paragraph applies, or

(b) lends to, or allows to be used by, any other person a document to which this paragraph applies, or

(c) makes or has in his possession any document so closely resembling a document to which this paragraph applies as to be calculated to deceive, shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.

(3) Paragraph (1) applies to an EC type approval certificate and to an EC certificate of conformity.

(4) A person who, in supplying information or producing documents for the purposes of these Regulations—

(a) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(b) produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular, shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Duty to give reasons etc

15.—(1) A relevant notice shall specify the reasons for the decision to which it relates, the right to request a review under these Regulations and the time limit for making such a request.

(2) In this regulation and regulation 16, “relevant notice” means a notice under—

(a) regulation 4(4) or (7),

(b) regulation 9(2) or (3),

(c) regulation 10(3) or (4),

(d) regulation 11(10) or (11),

(e) regulation 12(5), or

(f) regulation 13(5).

Review of decisions

16.—(1) Where the Secretary of State has given a relevant notice to a person, that person may by notice request the Secretary of State to review the decision to which the relevant notice relates.

(2) Such a request shall be made by the person within 28 days from the date that he receives the relevant notice.

(3) On any review under this regulation the Secretary of State may—

(a) hold an inquiry in connection with it, and

(b) appoint an assessor for the purpose of assisting him with the review or any such inquiry.

(4) Section 180 of the 1988 Act shall apply to an inquiry under this requirement as it applies to an inquiry under that Act.

(5) In its application to Northern Ireland by virtue of paragraph (4), section 180 of the 1988 Act shall have effect as if in paragraph (a) of subsection (2) after the word “Wales” there were inserted the words “or Northern Ireland”.

Service of notices

17.—(1) Any document required or authorised by virtue of these Regulations to be given to any person by the Secretary of State may be given—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body, or

(c) if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this regulation and section 7 of the Interpretation Act 1978(17) (which relates to the service of documents by post) in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body,

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnerhip business, it shall be the address of the principal office of the partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(3) If a person to be served by virtue of these Regulations with any document by the Secretary of State has specified to the Secretary of State an address within the United Kingdom other than his proper address (as determined in pursuance of paragraph (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall be treated as his proper address for the purposes of this regulation and for the purposes of the said section 7 in its application to this regulation.

Provision of testing stations

18.  The Secretary of State may provide and maintain stations where examinations of vehicles and of components of such vehicles to which these Regulations apply may be carried out for the purposes of these Regulations and may provide and maintain apparatus for carrying out such examinations.

Transitional

19.—(1) An application for an EC type approval made under the 1980 Regulations or the 1987 Regulations or the Motor Vehicles (EC Type Approval) Regulations 1992(18) before the coming into force of these Regulations shall have effect as if it had been made under these Regulations.

(2) Nothing in these Regulations shall affect the validity of anything done under the 1980 Regulations or the 1987 Regulations or the Motor Vehicles (EC Type Approval) Regulations 1992 before the coming into force on these Regulations.

(3) This regulation does not apply to an application relating to the provisions set out in Part II of Schedule 2 to the 1980 Regulations or Part II of Schedule 3 to the 1987 Regulations.

Signed by authority of the Secretary of State

Nick Raynsford

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

19th August 1998