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

Obligatory certificates

12.—(1) For the purposes of Article 31E(1) of the 1981 Order –

(a) relevant vehicles, other than an excepted vehicle, are vehicles in relation to which type approval requirements prescribed by these Regulations apply; and

(b) the appointed day is 8th January 2005.

(2) In this regulation “excepted vehicle” means a vehicle –

(a) which is registered;

(b) the date of manufacture of which is such that more than ten years have elapsed since it was manufactured; or

(c) in relation to which the requirements set out in paragraph (3) are met.

(3) The requirements referred to in paragraph (2)(c) are that –

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

(b) the vehicle has been imported into the European Economic Area for the personal use of the keeper or of his dependants;

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

(i) an EC certificate of conformity;

(ii) a Department’s approval certificate issued in pursuance of these Regulations;

(iii) a Minister’s approval certificate issued under Section 58 of the Road Traffic Act 1988(1); and

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

(4) The use of a relevant vehicle other than an excepted vehicle is exempted from Article 31E(1) of the 1981 Order if such use is –

(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 examiner, or a person carrying out such an examination under his direction, for the purpose of –

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

(ii) carrying out a part of the examination, or

(iii) warming up its engine in preparation for the examination, before it is so 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 so registered.

(5) In this regulation –

(a) “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(2); and

(b) “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).

(1)

S.I. 1988 c. 52

(2)

1952 c. 67