The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999

Interpretation

3.—(1) Any reference in these Regulations to a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.

(2) In these Regulations–

“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation, an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;

“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979(1);

“approval requirements” means–

(a)

the requirements for examination and approval as regards the type approval requirements specified in–

(i)

a Community instrument;

(ii)

Schedule 1 to the Great Britain Regulations;

(iii)

Schedule 1 to the Great Britain Regulations for Goods Vehicles; or

(iv)

an ECE Regulation; or

(b)

the requirements for examination and marking authorisation relating to an approval mark;

“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;

“Community instrument” means an instrument issued by a Community institution which is referred to in the second column of an item in Part I or II of Schedule 5 as read where relevant with amending instruments (if any) specified in the third column of that item;

“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(2) as amended(3) to which the United Kingdom is a party(4), which is referred to in the second column of an item in Part III of Schedule 5 as read where relevant with amendments (if any) specified in the third column of that item;

“European Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(5);

“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;

“Framework Directive” means Council Directive 70/156/EEC(6) as amended by Council Directives 87/403/EEC(7) and 92/53/EEC(8) and Commission Directives 93/81/EEC(9) and 98/14/EC(10);

“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(11);

“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(12);

“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;

“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;

“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980(13); and

“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be.

(3) A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.

(4) A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, or N3, is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, or N3, in the Framework Directive.

(1)

S.I. 1979/1088, amended by S.I. 1980/582 and 2027, 1981/126 and 1732, 1982/1479, 1983/1602, 1985/113, 1986/369, 1989/1014, 1990/1838, 1991/1979, 1992/634 and 3086, 1993/1710, 1995/3342 and 1997/58.

(2)

Cmnd 2535.

(3)

Cmnd 3562.

(4)

By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

(5)

S.I. 1998/2051.

(6)

O.J. L42, 23.2.1970, p. 1.

(7)

O.J. L220, 8.8.1987, p. 44.

(8)

O.J. L225, 10.8.1992, p. 1.

(9)

O.J. L264, 23.10.1993, p. 49.

(10)

O.J. L91, 25.3.1998, p. 1.

(11)

S.I. 1984/981, amended by S.I. 1984/1401 and 1761, 1985/1651, 1986/739, 1987/1509, 1988/1522, 1989/1580, 1990/94 and 1839, 1991/1022 and 1971, 1992/1341, 2161, 2908 and 3173, 1993/2201, 1994/2190, 1995/1322, 1996/2330 and 3015 and 1997/1367 and 1502.

(12)

S.I. 1982/1271, amended by S.I. 1984/697 and 1402, 1985/46, 1986/427 and 1089, 1987/1508, 1988/1523, 1989/1579, 1991/1021 and 1970, 1992/25, 1342 and 3084, 1993/2200, 1994/2191, 1995/1323, 1996/2331 and 3014 and 1997/1365.

(13)

S.I. 1980/765, amended by S.I. 1988/1640, and 1989/713 and 1591.