Regulation (EU) 2018/858 of the European Parliament and of the CouncilShow full title

CHAPTER V U.K. AMENDMENTS TO AND VALIDITY OF [F1 GB]  TYPE-APPROVALS

Article 33 U.K. General provisions on amendments of [F2 GB type]-approvals

1. The manufacturer shall inform the approval authority F3 ... without delay of any change in the particulars recorded in the information package referred to in Article 26(4), including any change in the extended documentation package under the regulatory acts listed in Annex II.

The approval authority shall decide whether that change requires an amendment, in the form of either a revision or an extension of the [F4 GB type]-approval in accordance with Article 34, or whether that change requires a new [F4 GB type]-approval.

F5 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Where [F6 the approval] authority finds that an amendment requires the repetition of inspections or tests, it shall inform the manufacturer accordingly.

4. Where [F7 the approval] authority finds on the basis of the inspections or tests referred to in paragraph 3 of this Article that the requirements for the [F4 GB type]-approval continue to be fulfilled, the procedures referred to in Article 34 shall apply.

5. Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the [F4 GB type]-approval and shall request the manufacturer to apply for a new [F4 GB type]-approval.

Textual Amendments

F2 Words in Art. 33 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(a)

F3 Words in Art. 33(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(b)

F4 Words in Art. 33 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(a)

F5 Art. 33(2) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(c)

F6 Words in Art. 33(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(d)

F7 Words in Art. 33(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(2)(d)

Article 34 U.K. Revisions and extensions of [F8 GB type]-approvals

1. An amendment shall be designated a ‘revision’ where [F9 the approval] authority finds that, despite the change in the particulars recorded in the information package referred to in Article 26(4), the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for that type and that, therefore, no inspections or tests need to be repeated.

In such case, the approval authority shall issue the revised pages of the information package as necessary and without delay, marking each revised page to show clearly the nature of the change and the date of reissue, or it shall issue a consolidated, updated version of the information package, accompanied by a detailed description of the changes.

2. The amendment shall be designated an ‘extension’ where the approval authority finds that the particulars recorded in the information package have changed, and where any of the following apply:

(a) further inspections or tests are required to verify continued compliance with the requirements upon which the existing [F10 GB type]-approval has been based;

(b) any information on the [F10 GB type]-approval certificate, except for its attachments, has changed; or

(c) new requirements under any regulatory act listed in Annex II become applicable to the approved type of vehicle, system, component or separate technical unit.

In the event of an extension, the approval authority shall issue an updated [F10 GB type]-approval certificate without delay, which shall be denoted by an extension number that is incremented in accordance with the number of successive extensions already granted. That approval certificate shall clearly state the reason for the extension, the date of reissue and, where relevant, the period of validity.

3. Whenever amended pages of the information package or a consolidated, updated version of the information package are issued, the index to the information package shall be amended accordingly to show the date of the most recent extension or revision, or the date of the most recent consolidation of the updated version.

4. No extension to the type-approval of a type of vehicle shall be required if the new requirements referred to in point (c) of paragraph 2 are, from a technical point of view, irrelevant to that type of vehicle or concern categories of vehicle other than the category to which it belongs.

Textual Amendments

F8 Words in Art. 34 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(3)(a)

F9 Words in Art. 34(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(3)(b)

F10 Words in Art. 34(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(3)(a)

Article 35 U.K. Termination of validity

1. Seven years after the latest update of the information package in case of [F11 a GB]  whole-vehicle type-approval certificate for vehicles of categories M₁ and N₁, and 10 years for vehicles of categories M₂, M_3, N₂, N₃ and O, the approval authority shall verify that the type of vehicle complies with all the regulatory acts that are relevant to that type.

Where the approval authority carries out the verification referred to in the first subparagraph of this paragraph, it is not necessary for the tests referred to in Article 30 to be repeated.

2. [F12 A GB]  type-approval shall become invalid in each of the following cases:

(a) where new requirements applicable to the approved type of vehicle, system, component or separate technical unit become mandatory for the making available on the market, registration or entry into service and the [F13 GB type]-approval cannot be extended on the grounds laid down in point (c) of Article 34(2);

(b) where a verification carried out in accordance with paragraph 1 of this Article concludes that the vehicle does not comply with all the regulatory acts that are relevant to that type;

(c) where the production of vehicles in conformity with the approved type of vehicle is definitively discontinued on a voluntary basis, which shall be deemed to have occurred where no vehicle of the type concerned has been produced in the previous two years; however, such type-approvals shall continue to be valid for the purpose of registration or entry into service as long as point (a) of this paragraph is not applicable;

(d) where the [F14 GB type]-approval has been withdrawn in accordance with Article 31(7);

(e) where the validity of the [F15 GB type]-approval certificate expires due to a restriction referred to in Article 39(6);

(f) where the type-approval was found to be based on false declarations, falsified test results or where data were withheld which would have led to the refusal to grant the type-approval.

3. Where the whole-vehicle type-approval of only one variant within a type of vehicle or one version within a variant becomes invalid, the whole-vehicle type-approval of the type of vehicle in question shall become invalid only in so far as the particular variant or version is concerned.

4. Where the production of a particular type of vehicle, system, component or separate technical unit is definitively discontinued, the manufacturer shall notify the approval authority F16 ... without delay.

F17 ...

5. Where [F18 a GB]  type-approval certificate is due to become invalid, the manufacturer shall notify the approval authority F19 ... without delay.

F20 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in Art. 35(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(a)

F12 Words in Art. 35(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(b)(i)

F13 Words in Art. 35(2)(a) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(b)(ii)

F14 Words in Art. 35(2)(d) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(b)(ii)

F15 Words in Art. 35(2)(e) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(b)(ii)

F16 Words in Art. 35(4) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(c)(i)

F17 Words in Art. 35(4) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(c)(ii)

F18 Words in Art. 35(5) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(d)(i)

F19 Words in Art. 35(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(d)(ii)

F20 Art. 35(6) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(4)(e)

Textual Amendments

F1 Word in Ch. 5 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 27(1)