Part II U.K. Construction and Use of Vehicles and Equipment

Approval of design, construction, equipment and marking of vehicles E+W+S

65 Vehicles and parts not to be sold without required certificate of conformity or Minister’s approval certificate. E+W+S

(1) If—

(a) any person at any time on or after the day appointed by regulations under section 63(1) of this Act supplies a vehicle or vehicle part of a class to which those regulations apply, and

(b) it does not appear from one or more certificates in force at that time under sections 54 to 58 of this Act that the vehicle or vehicle part complies with all the relevant type approval requirements prescribed by those regulations,

he is guilty of an offence.

(2) In this section references to supply include—

(a) sell,

(b) offer to sell or supply, and

(c) expose for sale.

(3) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle or vehicle part if he proves—

(a) that it was supplied for export from Great Britain,

(b) that he had reasonable cause to believe that it would not be used on a road in Great Britain or, in the case of a vehicle part, that it would not be fitted to a vehicle used on a road in Great Britain or would not be so used or fitted until it had been certified under sections 54 to 58 of this Act, or

(c) that he had reasonable cause to believe that it would only be used for purposes or in any area prescribed by the Secretary of State under section 63(5) of this Act or, in the case of a goods vehicle, under section 53(5) of this Act.

(4) Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.