Motor Cycles Etc. (Single Vehicle Approval) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations establish a statutory scheme for granting single vehicle approval of motor cycles, mopeds, tricycles and quadricycles in terms of their construction and provide for such vehicles to be examined for the purposes of obtaining a Department’s approval certificate (“certificate”) under section 31A(4) of the Road Traffic (Northern Ireland) Order 1981 (“the Order”).

The Regulations –

(a) provide definitions of the vehicles referred to therein (regulation 2 and Schedule 1);

(b) define the types of vehicle to which these Regulations apply (regulation 3);

(c) prescribe the requirements to be met for approval (regulation 4 and Schedule 2);

(d) provide the method of application for a certificate (regulation 5) and an appeals procedure for persons aggrieved by a determination made by the Department following an application under regulation 5 (regulation 7);

(e) provide for the refusal of an application or appeal in specified circumstances (regulation 8);

(f) make provision for the assignment of identification numbers to vehicles in specified circumstances (regulation 6);

(g) detail the particulars to be included in certificates (regulation 9) and provide for the replacement of those lost or defaced (regulation 10) and for the service of notices (regulation 11);

(h) provide for the application of the offence in section 31E(1) of the Order (use of prescribed class of vehicle not appearing to comply with approval requirements) to relevant vehicles save where a vehicle is excepted or its use is exempted (regulation 12); and

(i) provide that upon first application for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which section 31E(1) of the Order applies a licence shall not be granted unless there is a certificate in force under section 31A and 31B of the Order to the effect that the vehicle complies with the approval requirements (regulation 13).

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd of June 1998 (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 TSO, 16 Arthur Street, Belfast BT1 4GD.