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

PART 5 Amendment of subordinate legislation

Amendment of the Road Vehicles (Approval) Regulations 2009

6.—(1) The Road Vehicles (Approval) Regulations 2009(1) are amended as follows.

(2) In regulation 3 (interpretation: general)(2), after paragraph (3), insert—

“(4) Any reference in these Regulations (however expressed) to the Framework Directive is to be construed as a reference to that Directive read (insofar as is possible) as though—

(a) the United Kingdom were a member State;

(b) the Secretary of State were the approval authority in the United Kingdom for the purposes of that Directive.”.

(3) In regulation 25 (grant of national small series type approval)(3)—

(a) for paragraph (2), substitute—

“(2) For the purposes of paragraph (1)(a)—

(a) the alternative requirements required to be laid down under Article 23(1) are the technical or other requirements specified in Schedule 4; and

(b) Article 23 of the Framework Directive is to be read as though paragraphs 6 and 7 were omitted.”;

(b) omit paragraphs (4) and (5);

(c) after paragraph (12), insert—

“(13) During the period beginning with exit day and ending with 31st December 2019, Table 1 and Table 2 in paragraph (12) are to be read as though each of the figures shown in column (2) of those tables were multiplied by a factor of two.”.

Amendment of the Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

7.—(1) The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018(4) are amended as follows.

(2) After regulation 10 (withdrawal and suspension of approvals: effect), insert—

“Granting of type approvals

10A.— (1) Where the approval authority is satisfied on application made to it by the manufacturer of a relevant product—

(a) that the manufacturer holds in respect of that relevant product a relevant European approval; and

(b) that adequate arrangements have been made to secure that other products to conform with that relevant product 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 approval authority may grant EU type-approval for the relevant product and issue the corresponding EU type-approval certificate.

(2) An application made by a manufacturer to the approval authority before paragraph (1) comes into force, which would have been an application under paragraph (1) if it had been made after paragraph (1) came into force, is to be treated as an application made under paragraph (1).

(3) If the type approval certificate is issued following approval under paragraph (1), the certificate is to remain in force—

(a) for a period of two years beginning with the day of issue (unless ceasing to be valid under Article 30(2) of the NRMM Regulation); or

(b) (if earlier) until such time as the EU type-approval giving rise to the certificate ceases to be valid.

(4) For the purposes of paragraph (1), “relevant European approval” means a valid EU type-approval issued—

(a) before exit day other than in the United Kingdom in accordance with the NRMM Regulation; or

(b) on or after exit day in a member State in accordance with the NRMM Regulation as it has effect in EU law,

including any such approval which is revised or extended.

(5) This regulation applies notwithstanding any other provision in these Regulations or the NRMM Regulation.”.

(1)

S.I. 2009/717, as amended by S.I. 2011/1043 and 1946, 2013/602 and 2018/235, 236 and 673.

(2)

Regulation 3 was amended by S.I. 2011/1043 and 1946 and 2018/673.

(3)

Regulation 25 was amended by S.I. 2018/673.

(4)

S.I. 2018/764.