The Road Vehicles (Construction and Use) Regulations 1986

Regulation 3A

[F1 SCHEDULE 2A E+W+S VEHICLES FOR WHICH A MINISTER'S APPROVAL CERTIFICATE HAS BEEN ISSUED UNDER THE MOTOR VEHICLES (APPROVAL) REGULATIONS 1996

Textual Amendments

F1 Sch. 2A inserted (1.7.1997) by The Road Vehicles (Construction And Use) (Amendment) (No. 6) Regulations 1996 (S.I. 1996/3017), regs. 1, 6, Sch.

PART I E+W+S INTERPRETATION

General Interpretation E+W+S

1.— (1) In this Schedule—

“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996;

“approval certificate” means a Minister’s approval certificate in the form prescribed by the Approval Regulations;

“approval date”, in relation to a vehicle in respect of which an approval certificate has been issued, is the date that the certificate was issued;

“goods vehicle approval certificate” means an approval certificate which appears to have been issued on the basis that the vehicle is a vehicle to which Part III of the Approval Regulations applies;

[F2 “individual approval certificate” means a certificate issued under regulation 27(10) of the Vehicle Approval Regulations;]

“passenger vehicle approval certificate” means an approval certificate which appears to have been issued on the basis that the vehicle is a vehicle to which Part II of the Approval Regulations applies.

Textual Amendments

F2 Words in Sch. 2A para. 1(1) inserted (7.9.2009) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2009 (S.I. 2009/2196), regs. 1, 6(2)

Interpretation of references to a vehicle complying with the approval requirements and to a vehicle exempt from the approval requirements E+W+S

2.— (1) Subject to paragraph 3, references in this Schedule to a vehicle complying with or being exempt from the approval requirements shall be construed in accordance with the following provisions of this paragraph.

(2) Subject to sub-paragraphs (4) and (5), a vehicle in respect of which a goods vehicle approval certificate has been issued shall be regarded as complying with or exempt from the approval requirements in relation to a specified subject matter if and only if it for the time being satisfies at least one of the conditions in regulation 6(5) of the Approval Regulations in relation to that subject matter.

(3) Subject to sub-paragraphs (4) and (5), a vehicle in respect of which a passenger vehicle approval certificate has been issued shall be regarded as complying with or exempt from the approval requirements in relation to a specified subject matter if and only if it for the time being satisfies at least one of the conditions in regulation 4(5) of the Approval Regulations in relation to that subject matter.

(4) A vehicle in respect of which an approval certificate has been issued shall be regarded as neither complying with nor being exempt from the approval requirements in relation to any subject matter if—

(a) the certificate is a goods vehicle approval certificate and the vehicle is not for the time being a vehicle to which Part III of the Approval Regulations applies; or

(b) the certificate is a passenger vehicle approval certificate and the vehicle is not for the time being a vehicle to which Part II of the Approval Regulations applies.

(5) For the purposes of this paragraph, the Approval Regulations shall have effect with the omission of regulations 4(8) and 6(7).

PART II E+W+S MODIFICATION OF THE REGULATIONS

Part exemption from regulation 32 (glazing) E+W+S

3.   Regulation 32(2), (7) and (10) shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to glazing.

Exemption from regulation 33 (mirrors) E+W+S

4.   Regulation 33 shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to rear view mirrors.

Exemption from regulation 35 (speedometers) E+W+S

5.   Regulation 35 shall not apply to a vehicle in respect of which a passenger approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to speedometers.

Exemption from regulation 39(2)(c)(i) (fuel tanks to be made of metal) E+W+S

6.   Regulation 39(2)(c)(i) shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with the approval requirements relating to general vehicle construction.

Exemption from regulation 46 (seat belt anchorages) E+W+S

7.   Regulation 46 shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to anchorage points.

Part exemption from regulation 47 (seat belts) E+W+S

8.   Regulation 47, so far as it relates to seat belts for adults, shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to seat belts (including the requirements relating to the installation of seat belts).

Modifications to regulation 61 (emissions) E+W+S

9.— (1) Regulation 61 shall have effect with the following modifications in relation to a vehicle in respect of which there has been issued an approval certificate containing the letter “A” pursuant to regulation 12(2)(c) of the Approval Regulations.

(2) For the purposes of paragraphs (3A), (7), (8) and (9), the date of first use of the vehicle shall be regarded as being 1st January immediately preceding the date of manufacture of the engine by which it is propelled.

• However, the date on which the vehicle is first used shall not, by virtue of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had this paragraph been omitted.

(3) Paragraphs 10(A) and 10(AA) shall not apply to the vehicle if it complies with or is exempt from the approval requirements relating to exhaust emissions.

[F3 9A.   Paragraphs (10A), (10AA) and (10BA) of regulation 61 shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with, or is exempt from, the approval requirements relating to exhaust or smoke emissions. E+W+S

Textual Amendments

F3 Sch. 2A paras. 9A, 9B inserted (1.1.2001) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2000 (S.I. 2000/3197), regs. 1, 7

Modifications to regulation 61A (emissions) E+W+S

9B.— (1) Regulation 61A shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to exhaust or smoke emissions.

(2) Regulation 61A shall have effect with the following modifications in relation to a vehicle in respect of which there has been issued an approval certificate containing the letter “A” pursuant to regulation 12(2)(c) of the Approval Regulations.

(3) For the purposes of paragraphs (2) and (3) of regulation 61A, the date as is specified (as defined in regulation 61A) shall be regarded as being the 1st January immediately preceeding the date of manufacture of the engine by which the vehicle is propelled; provided that the date as is specified shall not in any circumstances be regarded as being later than the date on which the motor vehicle would otherwise have been regarded as being first used.]

Textual Amendments

F3 Sch. 2A paras. 9A, 9B inserted (1.1.2001) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2000 (S.I. 2000/3197), regs. 1, 7

[F4 Modification to regulation 61B (retrofitting and refilling of certain air conditioning systems) E+W+S

9C.   Paragraphs (5) and (6) of regulation 61B shall not apply to a vehicle in relation to which a passenger vehicle approval certificate, a goods vehicle approval certificate or an individual approval certificate has been issued if it complies with the approval requirements for air conditioning systems designed to contain high-GWP fluorinated greenhouse gases.]

Textual Amendments

F4 Sch. 2A para. 9C inserted (7.9.2009) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2009 (S.I. 2009/2196), regs. 1, 6(3)

Modification to regulation 67 (vehicle identification numbers) E+W+S

10.   Regulation 67 shall not apply to a vehicle in respect of which an approval certificate has been issued if—

(a) the vehicle is equipped with a plate which is in a conspicuous and readily accessible position, is affixed to a vehicle part which is not normally subject to replacement and shows clearly and indelibly the identification number shown on the certificate and the name of the manufacturer; and

(b) that number is marked on the chassis, frame or other similar structure, on the offside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.]