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

Amendments to the Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018

9.  After regulation 11 of the Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018(1), insert—

“Products approved in member States or in Northern Ireland

11A.— (1) Paragraphs (2) to (6) apply notwithstanding anything in these Regulations or the AFV Regulation.

(2) A manufacturer or an importer may place a qualifying relevant product on the market in Great Britain.

(3) A distributor may make a qualifying relevant product available on the market in Great Britain.

(4) The Secretary of State may issue a licence in accordance with section 7 of the Vehicle Excise and Registration Act 1994(2) to a qualifying relevant product which is a vehicle.

(5) The Secretary of State may register a qualifying relevant product which is a vehicle in accordance with section 21 of the Vehicle Excise and Registration Act 1994.

(6) In this regulation—

“qualifying relevant product” means a relevant product—

(a)

in respect of which the manufacturer of the product holds a relevant approval, or

(b)

which the Secretary of State has permitted to be placed on the market, registered or entered into service in accordance with Article 39 of the AFV Regulation as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement;

“relevant approval” means—

(a)

a valid type-approval issued in accordance with the AFV Regulation, provided that the product to which it relates was in the United Kingdom before IP completion day,

(b)

a valid type-approval issued in accordance with section 55(1A) or (1D) of the Road Traffic Act 1988,

(c)

a valid type-approval issued in relation to a qualifying Northern Ireland good, within the meaning of section 47 of the United Kingdom Internal Market Act 2020(3), in accordance with the Motorcycles Regulation as it has effect in EU law,

(d)

a valid type approval issued on or after IP completion day by the Secretary of State in accordance with the AFV Regulation as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement,

and includes any such approval which is revised or extended..”.

(1)

S.I. 2018/236.

(2)

1994 c. 22. There are amendments to section 7 which are not relevant to these Regulations.

(3)

2020 c. 27.