Regulation (EC) No 661/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance)

CHAPTER IIIU.K.OBLIGATIONS OF THE [F1approval authority]

Article 13U.K.Type-approval of vehicles, components and separate technical units

1.With effect from 1 November 2011, [F2the approval authority] shall refuse, on grounds relating to electronic stability control systems, to grant [F3GB type-approval] in respect of new types of vehicle of categories M1 and N1 which do not comply with this Regulation and its implementing measures.

Following the implementation dates set out in Table 1 of Annex V, [F2the approval authority] shall refuse, on grounds relating to electronic stability control systems, to grant [F3GB type-approval] in respect of new types of vehicle of categories M2, M3, N2, N3, O3 and O4, which do not comply with this Regulation and its implementing measures.

2.With effect from 1 November 2012, [F4the approval authority] shall refuse to grant on grounds relating to the areas of vehicle safety and tyres covered by Articles 5 to 8, Article 9(2) and Article 11:

(a)[F5GB type-approval] in respect of new types of vehicle of the categories specified in those Articles and their implementing measures, where such vehicles do not comply with this Regulation and its implementing measures; and

(b)[F6GB] component/separate technical unit type-approval in respect of new types of components or separate technical units intended for such vehicles, where such components or separate technical units do not comply with this Regulation and its implementing measures.

3.With effect from 1 November 2012, [F7the approval authority] shall refuse, on grounds relating to the areas of tyres covered by Article 9(1) and (3) to (7) and Annex II, with the exception of the rolling resistance limit values set out in Table 2 of Part B of Annex II, to grant [F8GB] component/separate technical unit type-approval in respect of new types of tyre which do not comply with this Regulation and its implementing measures.

With effect from 1 November 2013, [F7the approval authority] shall refuse, on grounds relating to the areas of tyres covered by Article 9(1) and (3) to (7) and Annex II, with the exception of the rolling resistance limit values set out in Table 2 of Part B of Annex II, to grant [F9GB type-approval] in respect of new types of vehicle of the categories M, N and O which do not comply with this Regulation and its implementing measures.

4.Following the implementation dates set out in Table 2 of Annex V, [F10the Secretary of State] shall, on grounds relating to electronic stability control systems, consider certificates of conformity for new vehicles of categories M2, M3, N2, N3, O3 and O4 to be no longer valid for the purposes of [F11Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures.

5.With effect from 1 November 2014, [F12the Secretary of State] shall, on grounds relating to the areas of vehicle safety and tyres covered by Articles 5, 6, 7 and 8, Article 9(1) to (4), Article 11, Article 12(1) and Parts A and B of Annex II, with the exception of the rolling resistance limit values for C3 tyres and the rolling resistance limit values set out in Table 2 of Part B of Annex II:

(a)consider certificates of conformity for new vehicles of the categories specified in those Articles to be no longer valid for the purposes of [F13Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures; and

(b)prohibit the sale and entry into service of new components or separate technical units intended for such vehicles, where such components or separate technical units do not comply with this Regulation and its implementing measures.

6.With effect from 1 November 2016, [F14the Secretary of State] shall, on grounds relating to tyre rolling noise and, in the case of C3 tyres, also on grounds relating to tyre rolling resistance, with the exception of the rolling resistance limit values set out in Table 2 of Part B of Annex II:

(a)consider certificates of conformity for new vehicles of categories M, N and O to be no longer valid for the purposes of [F15Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures; and

(b)prohibit the sale and entry into service of new tyres intended for such vehicles, where such tyres do not comply with this Regulation and its implementing measures.

7.With effect from 1 November 2016 [F16the approval authority] shall refuse, on grounds relating to tyre rolling resistance, to grant [F17GB] component/separate technical unit type-approval in respect of new types of tyres which do not comply with the rolling resistance limit values set out in Table 2 of Part B of Annex II.

8.With effect from 1 November 2017 [F18the Secretary of State] shall refuse, on grounds relating to tyre rolling resistance, to grant [F19GB type-approval] in respect of new types of vehicle of categories M, N and O which do not comply with the rolling resistance limit values set out in Table 2 of Part B of Annex II.

9.With effect from 1 November 2018 [F20the Secretary of State] shall:

(a)on grounds relating to the rolling resistance limit values of C1 and C2 tyres set out in Table 2 of Part B of Annex II, consider certificates of conformity for new vehicles of categories M, N and O to be no longer valid for the purposes of [F21Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures; and

(b)prohibit the sale and entry into service of new tyres intended for such vehicles, where such tyres do not comply with the rolling resistance limit values set out in Table 2 of Part B of Annex II.

10.With effect from 1 November 2020 [F22the Secretary of State] shall:

(a)on grounds relating to the rolling resistance limit values of C3 tyres set out in Table 2 of Part B of Annex II, consider certificates of conformity for new vehicles of categories M, N and O to be no longer valid for the purposes of [F23Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures; and

(b)prohibit the sale and entry into service of new tyres intended for such vehicles, where such tyres do not comply with the rolling resistance limit values set out in Table 2 of Part B of Annex II.

11.C1, C2 and C3 tyres that were manufactured prior to the dates set out in paragraphs 5, 6, 9 and 10 and which do not comply with the requirements of Annex II may be sold for a period not exceeding 30 months from those dates.

12.With effect from 1 November 2013 national authorities shall refuse, on grounds relating to the areas of vehicle safety covered in Article 10, to grant [F24GB type-approval] in respect of new types of vehicle of categories M2, M3, N2 and N3, where such vehicles do not comply with this Regulation and its implementing measures.

13.With effect from 1 November 2015 [F25the Secretary of State] shall, on grounds relating to vehicle safety covered in Article 10, consider certificates of conformity for new vehicles of categories M2, M3, N2 and N3 to be no longer valid for the purposes of [F26Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with this Regulation and its implementing measures.

14.[F27The Secretary of State must] permit the sale and entry into service of vehicles, components and separate technical units type-approved before the dates referred to in paragraphs 1, 2 and 3 and [F28the approval authority must] continue to grant extension of approvals to those vehicles, components and separate technical units under the terms of the regulatory act under which they were originally permitted or granted, unless the requirements applying to such vehicles, components or separate technical units have been modified or new requirements have been added by this Regulation and its implementing measures.

[F29The Secretary of State must] permit the sale and entry into service of and [F30the approval authority must] continue to grant extensions to [F31GB type-approval] to replacement components and separate technical units, with the exception of replacement tyres, intended for vehicles type-approved before the dates referred to in paragraphs 1, 2 and 3, under the terms of the regulatory act under which they were originally permitted or granted.

15.Without prejudice to paragraphs 1 to 14, and subject to entry into force of the implementing measures referred to in Article 14, if a manufacturer so requests, [F32the Secretary of State] may not, on grounds relating to the areas of vehicle safety and tyres covered in Articles 5 to 12:

(a)refuse to grant [F33GB type-approval] for a new type of vehicle or to grant [F34GB component]/separate technical unit type-approval for a new type of component or separate technical unit, where such vehicle, component or separate technical unit complies with this Regulation and its implementing measures; or

(b)prohibit the registration, sale or entry into service of a new vehicle or prohibit the sale or entry into service of a new component or separate technical unit, where the vehicle, component or separate technical unit concerned complies with this Regulation and its implementing measures.

Textual Amendments

Textual Amendments