Explanatory Note
(This note is not part of the Regulations.)
These Regulations establish a statutory system for approving the construction of single vehicles before they enter into service.
The Regulations apply to passenger vehicles and dual-purpose vehicles constructed to carry no more than 8 passengers excluding the driver (equivalent to EC category M1) and certain 3-wheeled vehicles having a maximum unladen weight of more than 410 kg (i.e. not motorcycles).
Part II concerns the approval requirements. Regulation 3 defines the vehicles to which these apply, by reference to the Regulations concerning national (Northern Ireland) type approval. Regulation 4 specifies two sets of approval requirements, namely basic requirements (Schedule 2) and as from 1st August 2001, enhanced requirements (Schedule 3). However, the special classes of vehicle specified in Schedule 1 need only comply with the basic requirements. Regulation 4(2) provides that until 1st August 2001 persons applying for the approval of category M1 vehicles may opt for them to be subject to the enhanced requirements, and regulation 4(7) provides for the recognition of equivalent approvals granted in other EEA States.
Part III deals with administrative arrangements. Regulation 5 relates to applications to the Department for a Department’s approval certificate and regulation 6 provides for the assignment of vehicle identification numbers to vehicles which do not have a number which meets the requirements in regulation 6(1).
The procedure for appeals under Article 31C of the Road Traffic (Northern Ireland) Order 1981 by persons aggrieved by a determination made on behalf of the Department following an application under regulation 5 is governed by regulation 7.
The form of a Department’s approval certificate is prescribed by regulation 8 and Schedule 4. Regulation 9 provides for the issue of replacement certificates. Regulation 10 requires notices under the Regulations to be given in writing and permits them to be given by post.
Regulation 12 provides that a licence under the Vehicle Excise and Registration Act 1994 is not to be granted in respect of a vehicle to which regulation 11 applies unless, in the first application made for it after the relevant appointed day, there is produced evidence that a certificate (or certificates) is in force for the vehicle under Article 31A of the Road Traffic (Northern Ireland) Order 1981 from which it appears that the vehicle complies with the approval requirements.
These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1988 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.
Copies of the EEC and EC Directives and ECE Regulations referred to in these Regulations may be obtained from The Stationey Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.