Part IIU.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

Approval of design, construction, equipment and marking of vehiclesE+W+S

[F265A Light passenger vehicles [F1or motor cycles] not to be sold without EC certificate of conformityE+W+S

(1)Subject to subsections (3) to (6) below, any person who supplies a light passenger vehicle [F3or a vehicle to which the motorcycle type approval Directive applies] —

(a)which has not been registered—

(i)under [F4section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of a member State other than the United Kingdom, and

(b)in respect of which no EC certificate of conformity has effect,

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 [F5the supply of a light passenger vehicle] if he proves—

(a)that the vehicle was one in respect of which the grant of a licence under [F6the Vehicle Excise and Registration Act 1994] was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

(b)in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under [F7section 21] of that Act was not prohibited by that regulation.

[F8(3A)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]

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

(a)that it was supplied for export from the United Kingdom to a country which is not a member State, or

(b)that he had reasonable cause to believe—

(i)that it would not be used on a road in the United Kingdom or any other member State, or

(ii)that it would not be so used until an EC certificate of conformity had been issued in respect of it.

(5)This section does not apply in relation to the supply of a vehicle—

(a)to the Crown for naval, military or air force purposes,

(b)for the purposes of the military forces of any country outside the United Kingdom,

(c)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to a police authority for police purposes, or

(e)to any public authority in a member State outside the United Kingdom which has responsibilities for maintaining public order.

(6)This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.

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

[F10(8)In the application of this section to a vehicle to which the motorcycle type approval Directive applies, any reference to a member State includes a reference to an EEA State.]

Textual Amendments

F1Words in sidenote to s. 65A inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(1)

F2S. 65A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 3

F3Words in s. 65A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(2)

F4Words in s. 65A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(a) (with s. 57(4))

F5Words in s. 65A(3) substituted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(3)

F6Words in s. 65A(3)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(b)(i) (with s. 57(4))

F7Words in s. 65A(3)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(b)(ii) (with s. 57(4))

F8S. 65A(3A) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(4)