Motor Vehicles (Approval) Regulations (Northern Ireland) 2001

Part I General

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 and shall come into operation on 1st June 2001.

Interpretation

2.—(1) In these Regulations—

“the 1970 Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of laws of the member States relating to the type approval of motor vehicles and their trailers(1) as last amended by Directive 98/14/EC of 25th March 1998(2);

“the 1985 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985(3);

“ambulance”, “armoured vehicle”, “hearse” and “motor caravan” have the meanings given by paragraph 1 of Schedule 1;

“approval requirements”, in relation to a vehicle, means the requirements prescribed by Article 31A of the Order as they apply to that vehicle and which are set out in regulation 4(1);

“axle weight”, “gross weight”, “kerbside weight”, “maximum gross weight”, “maximum permitted axle weight” and “wheel” have the meanings given in regulation 2(1) of the Construction and Use Regulations;

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(4);

“design gross weight” means the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;

“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(5);

“family of types” has the same meaning as in Annex XII to the 1970 Directive;

“kg” means kilograms;

“kph” means kilometres per hour;

“the Lighting Regulations” means the Road Vehicles Lighting Regulations (Northern Ireland) 2000(6);

“mm” means millimetres;

“mph” means miles per hour;

“the Order” means the Road Traffic (Northern Ireland) Order 1981;

“registered” means registered under the Vehicle Excise and Registration Act 1994(7);

“relevant vehicle” means a vehicle to which these Regulations apply;

“Schedule 1 vehicle” has the meaning given in Schedule 1;

“subject matter” means a subject matter in relation to which approval requirements are specified in Schedule 2 or 3 and “applicable subject matter” in relation to a vehicle means a subject matter as respects which approval requirements are applicable to the vehicle in accordance with these Regulations.

(2) References to vehicles of categories M1, M2, M3, N1, N2 and N3 are to vehicles of those categories as defined in Annex II.A to the 1970 Directive.

(3) A reference in any provision of these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in the Motor Vehicles (Approval) (Fees) Regulations (Northern Ireland) 2001(8).

(4) Paragraphs (7) and (8) of regulation 2 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations (other than item 16 of Schedule 2) as they apply for the purposes of the Construction and Use Regulations (other than regulations 31 and 32).

(5) For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it is first assembled on or after that date, even if it includes one or more parts which were manufactured before that date.

(6) Schedule 5—

(a) interprets expressions relating to Community instruments and ECE Regulations (including references to complying with provisions of such instruments); and

(b) sets out details of the Community instruments and ECE Regulations referred to in these Regulations.

Part II Approval Requirements For Relevant Vehicles

Application of Regulations

3.  These Regulations apply to every motor vehicle to which the 1985 Regulations apply.

Approval requirements for relevant vehicles

4.—(1) Subject to the following provisions of this regulation, the following are prescribed under Article 31A of the Order as requirements as to the design, construction, equipment and marking of relevant vehicles—

(a) in the case of any relevant vehicle, compliance with the requirements set out in column 3 of the Table in Schedule 2; and

(b) in the case of any relevant vehicle which is not a Schedule 1 vehicle, and in relation to each item in the Table in Schedule 3 for which is specified in column 3(a) of that Table a date which is, or falls before, the date of manufacture of the vehicle, compliance with the requirements of the Community Instruments set out in column 3(b) of that Table in relation to that item, or with any equivalent requirement of the ECE Regulations set out in column 3(c) of the Table.

(2) Subject to paragraph (3), the requirements of paragraph (1)(b) shall not apply to a relevant vehicle until 1st August 2001.

(3) Where, in the case of any relevant vehicle which is of category M1 and to which the requirements of paragraph (1)(b) would not otherwise apply, a person making an application in accordance with regulation 5 requests the Department in writing at the time of making the application that the provisions of paragraph (1)(b) be applied for the purposes of the application, those provisions shall so apply.

(4) The requirements set out or referred to in column 3 of the Tables in Schedules 2 and 3 have effect subject to the exceptions and modifications set out in column 5 of those Tables.

(5) An entry in column 4 of an item in the Table in Schedules 2 and 3 shall have effect for the purposes of interpreting or otherwise supplementing the entries in that item and, for convenience, expressions that are defined in that column are printed in bold type.

(6) Where a provision of any Community instrument or ECE Regulation is applied by Schedule 3, that provision as so applied shall (except in so far as the contrary intention appears) have effect in relation to a vehicle to which the 1985 Regulations apply as it has effect in relation to a vehicle of category M1.

(7) A relevant vehicle shall be regarded as complying with all the requirements prescribed under Article 31A of the Order if at least one of the following three conditions are satisfied in relation to each applicable subject matter mentioned in Schedule 2 or 3—

(a) that the vehicle complies with the requirements set out in paragraph (1);

(b) that the requirements applicable to the vehicle are prescribed by regulation 4 of the 1985 Regulations in relation to the subject matter and the vehicle complies with those requirements;

(c) that there is produced to the Department evidence that satisfies it that the vehicle has been found by the competent authority in another EEA State to comply with requirements applicable to the vehicle equivalent to those prescribed in relation to the subject matter.

(8) For the purposes of paragraph (7)(b), the requirements prescribed by regulation 4 of the 1985 Regulations in relation to the subject matter mentioned in column 2 of item 6 of the Table in Schedule 2 (lamps, reflectors and devices) shall be regarded as the requirements prescribed in relation to—

(a) installation of lighting and signalling equipment;

(b) direction indicators;

(c) headlamps and filament lamps;

(d) side, rear and stop lamps;

(e) rear reflectors; and

(f) rear fog lamps.

4.  For the purposes of paragraph (7), regulation 4(1A)(9) of the 1985 Regulations shall have effect as if for sub-paragraph (a), there were substituted—

“(a) an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;”.

(10) If a relevant vehicle complies with all the requirements prescribed by regulation 4 of the 1985 Regulations (disregarding paragraph (9) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.

Part III Miscellaneous

Application for Department’s approval certificate

5.—(1) An application for the issue of a Department’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Department.

(2) The application shall be in a form which—

(a) has been approved by the Department; and

(b) has been duly completed so as to furnish all the information required by that form.

(3) The application shall be accompanied by—

(a) the documents mentioned in the form as being required in connection with the application; and

(b) the prescribed fee.

(4) As soon as reasonably practicable after it receives the application, the Department shall send to the applicant a notice stating the time when and the place where an examination for the purpose of the application is to be carried out.

(5) The Department may by notice to the applicant alter the time when or the place where the examination is to be carried out, but it shall not alter the time to an earlier time without the consent of the applicant.

(6) Where an application (“the original application”) made in accordance with paragraphs (1) to (3) is refused, other than on the grounds that the vehicle is not a relevant vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to those paragraphs if—

(a) it is made to the Department during the period of six months beginning with the date on which the original application was refused; and

(b) at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application—

(i) during that period of six months,

(ii) except in the case of a Schedule 1 vehicle other than a left-hand drive vehicle or a personally imported vehicle, at the place where the examination took place for the purposes of the original application.

(7) Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6); and in the case of such an application—

(a) the Department shall inform the applicant in such manner as it thinks fit of the time when and the place where the examination is to be carried out;

(b) the Department may alter the time when or the place where the examination is to be carried out, but it shall not alter the time to an earlier time without the consent of the applicant;

(c) if the Department so alters the time or place, it shall inform the applicant in such manner as it thinks fit of the time when and the place where the examination is to be carried out; and

(d) the applicant shall pay the prescribed fee to the Department before the examination is carried out.

(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Department’s approval certificate under Article 31A(5) of the Order.

Assignment of vehicle identification numbers

6.—(1) This regulation applies where it appears to the Department when it gives notice under regulation 5(4) that the vehicle to which the application relates does not have a vehicle identification number which—

(a) complies with paragraph 3.1.1 of the Annex to Directive 76/114/EEC(10) or that Directive as last amended by Directive 78/507/EEC(11);

(b) has been previously assigned to the vehicle under this regulation; or

(c) does not fall within sub-paragraph (a) or (b), but is adequate for the purpose of enabling the vehicle to be identified.

(2) In such a case—

(a) the Department shall assign a vehicle identification number to the vehicle; and

(b) the number shall be specified in the notice.

(3) Where an application is made under regulation 5 for the issue of a Department’s approval certificate under Article 31A(5) of the Order—

(a) paragraph (1) shall have the effect as if the words “when” to “regulation 5(4)” were omitted; and

(b) paragraph (2) shall have effect as if sub-paragraph (b) were omitted.

Appeals

7.—(1) An appeal under Article 31C of the Order by a person aggrieved by a determination made by the Department pursuant to an application under regulation 5 shall be made by including with the documents submitted a form which—

(a) has been provided by the Department; and

(b) has been completed so as to include a description of the grounds upon which the appeal is made and such other information as may be reasonably required by that form.

(2) The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.

(3) As soon as reasonably practicable after the date of the receipt of the appeal the Department shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.

(4) The Department may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but it shall not alter the time to an earlier time without the consent of the applicant.

Form of certificate

8.—(1) Subject to the following paragraphs, where a Department’s approval certificate is issued under Article 31A(4) of the Order on the basis that the vehicle complies with the approval requirements by virtue of these Regulations, the certificate shall be in the form set out in Schedule 4.

(2) Where the certificate is issued on the basis that it relates to a vehicle falling within a class specified in column (2) of an item in the Table there shall be inserted in the box under the words “Class Code” the letter specified in column (3) of that item.

TABLE

(1)	(2)	(3)
Item	Class of vehicle	Letter
1.	Left-hand drive vehicle	N
2.	Personally imported vehicle	P
3.	Amateur-built vehicle	A
4.	Vehicle manufactured in very low volume	L
5.	Vehicle manufactured using parts from a registered vehicle	C
6.	Disabled person’s vehicle	D
7.	Rebuilt vehicle	S
8.	Motor caravan, ambulance or hearse	M
9.	Armoured vehicle	T
10.	Vehicle not falling within any of the preceding classes specified in this Table	R
11.	Vehicle which meets the condition set out in regulation 4(7)(c)	E

(3) Any letter or letters inserted pursuant to paragraph (2) may be followed by a zero and then by any letters or numbers that the Department thinks fit to insert.

(4) Expressions used in this regulation which are the subject of definitions in Schedule 1 shall have the meanings given by those definitions.

(5) This regulation shall apply to a Department’s approval certificate issued under Article 31A(5) of the Order as it applies to such a certificate issued under Article 31A(4) of the Order as if for the words “Article 31A(4)” in the form set out in Schedule 4 there were substituted the words “Article 31A(5)”.

Replacement certificates

9.—(1) If a Department’s approval certificate has been lost or defaced, an application for issue of a replacement for the original may be made to the Department at the place from which the original certificate was issued.

(2) The application shall—

(a) specify the identification number of the vehicle in respect of which the original certificate was issued; and

(b) be accompanied by the prescribed fee.

(3) As soon as reasonably practicable after it receives the application and fee, the Department shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked “replacement”.

Notices

10.  Without prejudice to regulation 5(7)(a) and (c), every notice under these Regulations shall be in writing and may be given by post.

Obligatory certificates

11.—(1) Subject to paragraph (2), this regulation applies to all relevant vehicles.

(2) This regulation does not apply—

(a) to any ambulance or a motor caravan;

(b) to any registered vehicle;

(c) to a vehicle more than 10 years after the time when it was manufactured; or

(d) to a vehicle that meets the requirements specified in paragraph (3).

(3) The requirements referred to in paragraph (2)(d) are that—

(a) the person by whom the vehicle is kept (“the keeper”) is a member of a visiting force or a member of a civilian component of a visiting force;

(b) the vehicle has been imported into the United Kingdom for the personal use of the keeper or of his dependants;

(c) there is not in force with respect to the vehicle—

(i) a Department’s approval certificate issued in pursuance of these Regulations,

(ii) a certificate of conformity,

(iii) a Department’s approval certificate in a form prescribed by regulation 9 of the 1985 Regulations, or

(iv) an EC certificate of conformity; and

(d) not more than one other vehicle which meets the requirements of sub-paragraphs (a), (b) and (c) is kept in the United Kingdom by the keeper.

(4) In paragraph (3) the expressions “member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952(12).

(5) The day appointed for the purposes of Article 31E(1) of the Order in relation to every vehicle to which this regulation applies is 1st June 2001.

(6) The type approval requirements prescribed for the purposes of Article 31E of the Order, in relation to every vehicle to which this regulation applies, are the approval requirements.

(7) Article 31E(1) of the Order shall not apply to the use of a relevant vehicle—

(a) for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;

(b) for the purpose of bringing it away, before it is registered, from such an examination;

(c) by an authorised person for the purpose of—

(i) taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or

(ii) carrying out a part of such an examination, or

(iii) warming up its engine in preparation for such an examination, before it is registered;

(d) where an application under regulation 5 is refused following such an examination, for the purpose of—

(i) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

(ii) bringing it away from a place where relevant work has been done on it, before it is registered.

(8) In this regulation—

“authorised person” means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995(13) or a person carrying out such an examination under the direction of such an examiner;

“relevant work” means work done or to be done to remedy the defects on the grounds of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).

Licences not to be issued for vehicles unless appropriate certificates are in force

12.  Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 11 applies, the licence shall not be granted unless on the first application after the day appointed by Regulations made by virtue of the Order for a licence for that vehicle, there is produced evidence that there are one or more certificates in force for the vehicle under Article 31A of the Order from which it appears that the vehicle complies with the approval requirements.

Sealed with the Official Seal of the Department of the Environment on 11th April 2001.

L.S.

Sam Foster

Minister of the Environment