The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

PART 4 Amendment of Northern Ireland legislation: European Union (Withdrawal) Act 2018

Amendment of the Road Traffic (Northern Ireland) Order 1981

5.—(1) The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

(2) In Article 31A (approval of design, construction, etc., of motor vehicles)(1)—

(a) after paragraph (2), insert—

“(2A) Where the Department is satisfied, on an application made to it by the manufacturer of a motor vehicle to which relevant regulations apply—

(a) that the manufacturer holds in respect of that vehicle a valid relevant European approval, and

(b) that adequate arrangements have been made to secure that other motor vehicles purporting to conform with that motor vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,

the Department may approve that motor vehicle as a type vehicle and, if so, shall issue a certificate (a “type approval certificate”) stating that the motor vehicle complies with the relevant European type approval requirements and specifying the permitted variations from the type vehicle for motor vehicles so conforming in all respects and for motor vehicles so conforming with any such variations.

(2B) An application made by a manufacturer to the Department before paragraph (2A) comes into operation, which would have been an application under paragraph (2A) if it had been made after paragraph (2A) came into operation, is to be treated as an application made under paragraph (2A).

(2C) For the purposes of paragraph (2A)—

“relevant European approval” means—

(a)

an EC type-approval certificate, as defined in Article 3(34) of the road vehicles type approval Directive,

(b)

an EU type-approval certificate, as defined in Article 3(32) of the tractor type approval Regulation,

(c)

an EU type-approval certificate, as defined in Article 3(5) of the motorcycle type approval Regulation,

whether issued before exit day or, in accordance with that legislation as it has effect in EU law, on or after exit day;

“relevant regulations” means—

(a)

regulations made under paragraph (1), or

(b)

regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of components of vehicles, or in relation to any vehicle type-approval scheme.

(2D) If the type approval certificate is issued following approval under paragraph (2A), the certificate is to remain in force for a period of two years beginning with the day of issue (unless cancelled or suspended under Article 31B(5)).”;

(b) after paragraph (3), insert—

“(3A) If a manufacturer has a type approval certificate issued by the Department following an approval under paragraph (2A), a relevant European certificate of conformity issued by the manufacturer in respect of each vehicle that conforms to the type vehicle in question is to be treated as a certificate issued under paragraph (3).

(3B) In paragraph (3A) “relevant European certificate of conformity” means—

(a) a certificate of conformity issued before exit day by a manufacturer under any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive,

(b) a certificate of conformity issued before exit day under Article 33 of the tractor type approval Regulation, or

(c) a certificate of conformity issued before exit day under Article 38 of the motorcycle type approval Regulation, or

(d) a certificate of conformity issued on or after exit day under that law, Article 33 or Article 38 as it has effect at that time.”;

(c) in paragraph (4), after “relevant type approval requirements”, insert “or (as the case may be) the relevant European type approval requirements”;

(d) in paragraph (7)—

(i) in the definition of “certificate of conformity”, after “EC certificate of conformity”, insert “and except in the expression “relevant European certificate of conformity””;

(ii) in the definition of “EC certificate of conformity”(2)—

(aa) in paragraph (a)(iv), omit “other than the United Kingdom”;

(bb) in paragraph (b), after “that Regulation”, insert “or under Article 38 of that Regulation as it has effect in EU law”;

(cc) in paragraph (c), after “that Regulation”, insert “or under Article 33 of that Regulation as it has effect in EU law”;

(dd) in paragraph (d)(ii), omit “other than the United Kingdom”;

(iii) after the definition of “EC certificate of conformity”, insert—

““European type approval requirements” means requirements prescribed in—

(a)

regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of components of vehicles, or in relation to any vehicle type-approval scheme,

(b)

the tractor type approval Regulation, or

(c)

the motorcycle type approval Regulation.”;

(iv) in the definition of “type vehicle”, after “paragraph (2)”, insert “or (2A)”.

(3) In Article 31B (supplementary provisions relating to type approval and other certificates)(3)—

(a) in paragraph (1), after “Article 31A(2)”, insert “or (2A)”;

(b) in paragraph (2)—

(i) after “Article 31A(2)”, insert “or (2A)”;

(ii) after the first reference to “relevant type approval requirements”, insert “, or (as the case may be) one or more, but not all, of the relevant European type approval requirements,”;

(iii) for sub-paragraph (c), substitute—

“(c) where a certificate of conformity issued in respect of a motor vehicle relates to—

(i) one or more, but not all, of the relevant type approval requirements, or

(ii) one or more, but not all, of the relevant European type approval requirements,

the Department may issue in respect of that vehicle a Department’s approval certificate relating to one or more of the other relevant type approval requirements or (as the case may be) one or more of the other relevant European type approval requirements.”.

(1)

Article 31A was inserted by S.I. 1985/755 (N.I. 6) and amended by S.R.1993/246, S.I. 2006/1254 (N.I. 9) and S.I. 2018/235.

(2)

The definition of EC certificate of conformity was inserted by S.R. 1993/246 and substituted by regulation 4(2)(a) of these Regulations.

(3)

Article 31B was inserted by S.I. 1985/755 (N.I. 6).