The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Amendments to Part 4

15.—(1) In regulation 21—

(a) in paragraph (1)—

(i) in the opening words, for “21” substitute “7”;

(ii) in the closing words—

(aa) after “unless” insert “the vehicle satisfies the condition in paragraph (1A) and either”;

(bb) for “one of the conditions” substitute “the condition”;

(b) after paragraph (1), insert—

“(1A) The condition in this paragraph is that, if no vehicle approval issued by the Secretary of State, whether before or after IP completion day, in accordance with Article 45 of the Type Approval Regulation or the EU Type Approval Regulation has effect with respect to the vehicle, the vehicle—

(a) has been constructed for use in left-hand traffic, and

(b) uses both imperial and metric units of measurement for the speedometer.”;

(c) in paragraph (2), for the words after “unless” substitute—

“the vehicle satisfies the condition in paragraph (1A), and either—

(a) the condition in paragraph (3) is satisfied, or

(b) paragraph (6) applies.”;

(d) for paragraph (3), substitute—

“(3) The “condition” is that an appropriate approval or certificate of conformity has effect with respect to the vehicle.”;”

(e) in paragraph (4)—

(i) in the opening words, for “paragraph (5)” substitute “paragraphs (4A) and (5)”;

(ii) in sub-paragraph (a)(ii), after “vehicle”, insert “and the Secretary of State has permitted the registration of that vehicle in accordance with Article 49 of the Type Approval Regulation, or of the EU Type Approval Regulation”;

(iii) in sub-paragraph (b)(i), after “Type Approval Regulation” insert “or the EU Type Approval Regulation”;

(f) after paragraph (4), insert—

“(4A) For the purposes of this Part, where a vehicle is to be kept, or normally kept, at a place in Great Britain—

(a) an EU certificate of conformity which is not a certificate of conformity to which paragraph (4B) applies only has effect if it is issued in relation to a vehicle which—

(i) is a qualifying Northern Ireland good, or

(ii) was in the United Kingdom before IP completion day;

(b) an EU individual approval certificate which is not issued by the Secretary of State only has effect if it is issued in relation to a vehicle which—

(i) is a qualifying Northern Ireland good, or

(ii) was in the United Kingdom before IP completion day.

(4B) This paragraph applies to—

(a) an EU certificate of conformity to which section 57(1ZA) or 57(1ZC) of the Road Traffic Act 1988(1) applies, and

(b) an EU certificate of conformity issued pursuant to an EU type-approval granted by the Secretary of State.”;

(g) in paragraph (5)—

(i) for sub-paragraph (a), substitute—

“(a) the vehicle to which it relates—

(i) was first put into service in a member State, and

(ii) if it is to be kept or normally kept at a place in Great Britain, it was first registered outside the United Kingdom before IP completion day,”;

(h) in paragraph (7)—

(i) for “a national small series type-approval” substitute “a GB small series type-approval”;

(ii) after “regulation 16”, insert “, where the vehicle is to be kept or normally kept in Great Britain”;

(iii) in the words after sub-paragraph (d), for “United Kingdom” substitute “Great Britain”;

(i) after paragraph (7), insert—

“(7A) In relation to a vehicle of a type to which a national small series type-approval or a UK (NI) national small series type-approval has been granted by the approval authority under regulation 16, the Secretary of State must not—

(a) issue a first vehicle licence for a motor vehicle,

(b) issue a first nil licence for a motor vehicle,

(c) register a motor vehicle before the issue of a first licence, or

(d) give consent under regulation 23(3) to the supply of a large trailer for use on a road,

if it appears that doing so would cause the total number of vehicles registered or, as the case may be, put into service on roads in the United Kingdom in any year to exceed the maximum permitted number.”;

(j) in paragraph (8), after “United Kingdom” insert “or Great Britain, as the case may be,”

(k) in paragraph (9)—

(i) before the definition of “appropriate date”, insert—

““appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle—

(a)

where the vehicle is to be kept, or normally kept, at a place in Great Britain—

(i)

a certificate of conformity issued under regulation 16(7) relating to—

(aa)

a GB small series type approval,

(bb)

a UK (NI) national small series type approval; or

(cc)

a national small series type approval issued by the Secretary of State before IP completion day,

(ii)

an individual vehicle approval certificate issued under regulation 18(10) of these Regulations, whether that approval—

(aa)

is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)

is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)

an EU individual vehicle approval,

(iv)

a GB certificate of conformity issued in relation to a GB whole-vehicle type-approval, or a GB medium series type-approval,

(v)

an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998(2), the Road Vehicles (Approval) Regulations 2009(3) or under these Regulations,

(vi)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation, Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers(4), or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as either of those directives were implemented in the law of that member State(5), or

(vii)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988(6); or

(b)

where the vehicle is to be kept, or normally kept, at a place in Northern Ireland, a certificate or approval referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), (iii), (v), or (vi);”;

(ii) for the definition of “appropriate date”, substitute—

““appropriate date” means, as the case may be—

(a)

in the case of a certificate of conformity issued under section 57(1) of the Road Traffic Act 1988 in respect of a vehicle of a type which has been approved under section 55(1A) or 55(1D) of that Act, the date of issue of that certificate of conformity or the date of issue of that type-approval (whichever date is later), or

(b)

in any other case, the date of application under section 7 or 21 of the 1994 Act for the registration of, or the issue of a first licence for a vehicle;”;

(iii) omit the definition of “EU certificate of conformity”;

(iv) for the definition of “maximum permitted number”, substitute—

““maximum permitted number” means—

(a)

for the purposes of paragraph (7), the number of units specified in the table in paragraph 2 of Section A of Annex V to the Type Approval Regulation in relation to the vehicle category to which that type belongs, and

(b)

for the purposes of paragraph (7A), the number of units specified in the table in paragraph 2 of Section A of Annex V to the EU Type Approval Regulation in relation to the vehicle category to which that type belongs;”.

(2) In regulation 23—

(a) in paragraph (8), for the definition of “appropriate approval or certificate of conformity”, substitute—

““appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle—

(a)

where the trailer is to be kept, or normally kept at a place in Great Britain—

(i)

a certificate of conformity issued under regulation 16(7) relating to—

(aa)

a GB small series type-approval,

(bb)

a UK (NI) national small series type-approval, or

(cc)

a national small series type approval issued by the Secretary of State before IP completion day,

(ii)

an individual vehicle approval issued under regulation 18(10) of these Regulations, whether that approval—

(aa)

is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)

is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)

a GB certificate of conformity issued in relation to a GB type-approval,

(iv)

an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998, the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(v)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as that directive was implemented in the law of that member State, provided that the trailer to which the approval relates—

(aa)

was in the United Kingdom before 1st January 2023, or

(bb)

is a qualifying Northern Ireland good, or

(vi)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

(b)

where the trailer is to be kept or normally kept in Northern Ireland—

(i)

a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

(ii)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State,”.

(3) In regulation 26(1), in the definition of “principal information”, after sub-paragraph (g), insert—

“(h) whether the trailer is to be kept, or normally kept, at a place in Great Britain, in Northern Ireland, or in either jurisdiction;”.

(4) In regulation 27—

(a) in the heading, at the end insert “(Great Britain)”;

(b) for “United Kingdom” substitute “Great Britain”.

(5) After regulation 27, insert—

“End-of-Series vehicles: limits (Northern Ireland)

27A.   For the purposes of Part B of Annex V of the EU Type Approval Regulation, the maximum number of complete vehicles and completed vehicles entered into service in Northern Ireland is restricted in accordance with paragraph 2 of that Part.”.

(6) In regulation 28, after “Approval Regulation” insert “or the EU Type Approval Regulation”.

(1)

1988 c. 52. Subsection (1ZA) was inserted by S.I. 2019/648.

(2)

S.I. 1998/2051.

(3)

S.I. 2009/818.

(4)

OJ L 42, 23.2.1970, p. 1.

(5)

OJ L 263, 9.10.2007, p. 1.

(6)

1988 c. 52.