Citation and commencementI11
These Regulations shall come into operation on 1st October 1982 and may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982.
InterpretationI22
1
In these regulations—
“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations 19783;
“the Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 19794;
“the Plating and Testing Regulations” means the Goods Vehicles (Plating and Testing) Regulations 19715;
“appropriate information document”—
- i
in relation to a vehicle subject to type approval requirements, means a document in the form set out in Part I of Schedule 2, and
- ii
in relation to a vehicle part subject to type approval requirements, means a document in the form set out in Part II of Schedule 2;
- i
“bi-purpose vehicle” means a vehicle constructed or adapted for the carriage of both goods and not more than 8 passengers, not being a vehicle to which the Great Britain Regulations apply nor a motor ambulance or a motor caravan;
“break-down vehicle” has the meaning given in Schedule 2 to the Plating and Testing Regulations;
“dual-purpose vehicle” has the meaning given in Regulation 3(1) of the Construction and Use Regulations;
“motor ambulance” and “motor caravan” have the meanings given respectively in Regulation 2(1) of the Great Britain Regulations;
“prescribed alteration” means an alteration to a vehicle to which these Regulations apply which varies the number or nominal diameter of the tyres or the wheels and which is made before the vehicle is first used;
“prescribed fee”, in relation to any matter provided for in these Regulations, means the fee prescribed for such matter in Regulations under section 50(1);
“prescribed type approval requirements”, in relation to a vehicle or vehicle part subject to type approval requirements, means the type approval requirements prescribed therefor by these Regulations;
“public works vehicle” has the meaning given in Regulation 3(1) of the Construction and Use Regulations;
“slow vehicle” means a vehicle incapable by reason of its construction of a speed of more than 25 kilometres per hour on the level under its own power;
“type approval requirements” means, in relation to any vehicle to which these Regulations apply, the determination of—
- a
the weights mentioned in Regulation 5;
- b
the requirements with respect to the design, construction, equipment or marking of such vehicles or their parts which—
- i
relate to the items numbered in column (1) and listed in column (2) of Schedule 1, and
- ii
are contained in instruments or other documents, and consist of the requirements, specified against each such item in column (3) of Schedule 1; and
- i
- a
“vehicle subject to type approval requirements” and “vehicle part subject to type approval requirements” have the meanings given in Regulation 4.
2
A reference in these Regulations to a vehicle in category L2 or L5 is a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 13 of 29th May 1969, and a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/EEC of 6th February 1970.
3
A reference in these Regulations to an ECE Regulation followed by a number is a reference to the Regulation of that number which is annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 19586 as amended7 to which the United Kingdom is a party8.
4
For the purpose of these Regulations—
a
a vehicle is to be regarded as being manufactured on or after a particular date if it is assembled to the stage where it includes all the parts of the vehicle which it needs to have to comply with any one or more of the prescribed type approval requirements; and
b
the date on which a vehicle is to be regarded as being first used is the date on which it is first registered under the Vehicles (Excise) Act 1971.
5
Unless the context otherwise requires, any reference in these Regulations to—
a
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1972;
b
a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations bearing that number; and
c
a numbered paragraph is a reference to the paragraph bearing that number in the Regulation in which that number appears.
Application of RegulationsI33
1
Subject to paragraph (2), these Regulations apply to—
a
every motor vehicle manufactured on or after 1st October 1982 and first used on or after 1st April 1983 and which—
i
has three or more wheels, and
ii
is either a goods vehicle, the tractor unit of an articulated vehicle or a bi-purpose vehicle; and
b
parts of any such vehicles.
2
These Regulations do not apply to, or to the parts of, any of the following vehicles, that is to say—
a
a vehicle brought temporarily into Great Britain and which—
i
displays a registration mark mentioned in Regulation 5 of the Motor Vehicles (International Circulation) Regulations 1971, and
ii
complies in every respect with the requirements relating to motor vehicles contained in:—
A
Article 21 and paragraph (1) of Article 22 of the Convention on Road Traffic concluded at Geneva on 19th September 19499, and Part I, Part II (so far as it relates to direction indicators and stop lights) and Part III of Annex 6 to that Convention; or
B
paragraphs I, III and VIII of Article 3 of the International Convention relative to Motor Traffic concluded at Paris on 24th April 192610;
b
a vehicle which is to be exported from Great Britain and which either—
i
has not been used on a road in Great Britain for any purpose except that of proceeding from the place where it was manufactured to the place from which it is to be taken out of Great Britain, or
ii
satisfies the criteria of—
A
being exempt from car tax by virtue of paragraph 7 of Schedule 7 to the Finance Act 1972,
B
being a vehicle in relation to which there has been a remission of car tax by virtue of paragraph 8 of that Schedule, or
C
being zero-rated under Regulation 49 or 50 of the Value Added Tax (General) Regulations 197711.
c
a vehicle in the service of a visiting force or of a headquarters (as defined in Article 8(6) of the Visiting Forces and International Headquarters (Application of Law) Order 1965;
d
a vehicle to which sections 45 to 51 and 65 have become applicable after a period of use on roads during which, by virtue of section 188(4) (which relates to vehicles in the public service of the Crown), those sections did not apply to that vehicle;
e
a vehicle which is of a new or improved type, or is fitted with equipment of a new or improved type, and which has been constructed to that type, or fitted with that equipment, for the purposes of tests or trials or for use as a prototype, and is not intended for general use on roads;
f
a motor tractor, a light locomotive and a heavy locomotive;
g
engineering plant, a land tractor, a pedestrian-controlled vehicle, a straddle carrier, a works truck and a vehicle which is track-laying (all as defined in Regulation 3(1) of the Construction and Use Regulations);
h
a vehicle of a kind described in Article 15, 17 or 18 of the Motor Vehicles (Authorisation of Special Types) General Order 1979;
i
a tower wagon as defined in Schedule 4 to the Vehicles (Excise) Act 1971;
j
a fire engine (including an air field crash tender);
k
a road roller;
l
a vehicle propelled by steam;
m
a vehicle constructed for the purpose of preventing or reducing the effect of snow or ice on roads, either by spreading grit or other material, by scooping or sweeping, or by other means;
n
a two-wheeled motor cycle, with or without a sidecar;
o
an electrically-propelled vehicle;
p
a break-down vehicle;
q
a vehicle the weight of which unladen does not exceed 1525 kilograms constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description;
r
a vehicle the weight of which unladen does not exceed 1525 kilograms imported by an individual into Great Britain and in relation to which the following conditions are satisfied—
i
the vehicle has been purchased outside Great Britain for the personal use of the individual importing it or of his dependents,
ii
the vehicle has been so used by that individual or his dependents on roads outside Great Britain before it is imported,
iii
the vehicle is intended solely for such personal use in Great Britain, and
iv
the individual importing the vehicle intends, at the time when the vehicle is imported, to remain in Great Britain for not less than twelve months from that time;
s
a motor ambulance; or
t
a motor caravan.
Application of type approval requirementsI44
1
Subject to paragraphs (2), (3), (4), (5) and (6) and to the exemptions specified in column (4) of Schedule 1, the type approval requirements are hereby prescribed as—
a
a determination of the weights mentioned in Regulation 5 of every vehicle to which these Regulations apply; and
b
the requirements which are applicable—
i
from the date specified in column (5) of Schedule 1, and
ii
in a case were a date is specified in column (6) of Schedule 1, until that date
to every vehicle to which these Regulations apply and to the relevant parts of such vehicles.
2
The requirements mentioned in paragraph (1) apply only in relation to a vehicle before it is first used on a road and as at its date of manufacture.
3
If a vehicle or a vehicle part is manufactured on or after a date, other than 1st October 1982, specified in an item in column (5) of Schedule 1, the type approval requirement specified in column (3) in that item shall not apply if the vehicle or, in the case of a vehicle part, the vehicle in which it is incorporated, is first used on a road within six months of that date.
4
If a vehicle or a vehicle part is manufactured on or after a date specified in an item in column (6) of Schedule 1, the type approval requirement specified in column (3) in that item shall apply if the vehicle or, in the case of a vehicle part, the vehicle in which it is incorporated, is first used on a road within six months of that date.
5
Where in relation to an item listed in column (2) of Schedule 1 two or more instruments or other documents are specified in column (3) of Schedule 1 as alternatives (being instruments or documents containing substantially similar requirements) the requirements prescribed by paragraph (1) shall be the requirements contained in either or any of those instruments or documents, and subject to paragraphs (1), (2), (3), (6) and (7) where two or more items specified in column (1) of Schedule 1 have the same subject matter as that specified in column (2) of Schedule 1 the type approval requirements relate to either or, as the case may be, any of those items.
6
Where in relation to an item listed in column (2) of Schedule 1 a requirement contained in an instrument or other document specified in column (3) of Schedule 1 is shown, by an entry in division (c) of that column, as being varied for the purposes of these Regulations, that requirement as so varied shall be the requirement hereby prescribed.
7
A vehicle to which, or to a part of which, any such requirement as is mentioned in paragraph (1) is for the time being applicable is referred to in these Regulations as “a vehicle subject to type approval requirements” and a vehicle part to which any such requirement is so applicable is referred to in these Regulations as “a vehicle part subject to type approval requirements”.
8
Where a requirement is prescribed by these Regulations as a requirement applicable to a vehicle, or to a vehicle part, to which these Regulations apply that requirement shall, for the purposes of these Regulations, be regarded as being applicable to that vehicle or vehicle part by virtue of paragraphs (1) to (6) notwithstanding that the same requirement may have been, or may hereafter be, applied to that vehicle or vehicle part by or under any provision of the European Communities Act 1972 or by or under any other statutory provision.
Plated weights being design weightsI55
For the purposes of section 47(2) the criteria for determining, as design weights, the axle weights, gross weights and train weights which in the opinion of the Secretary of State should not be exceeded in the case of a vehicle to which these Regulations apply are as follows:—
a
the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;
b
any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and
c
any information obtained from an examination of a vehicle of that type or of a similar type with a view to ascertaining whether at the time of the examination it complied with any relevant type approval requirement applicable to it.
Plated weights being weights not to be exceeded in Great BritainI66
There shall be shown on the certificate of conformity issued for a vehicle as the weights not to be exceeded in Great Britain, the weights shown as the weights not to be exceeded in Great Britain on the type approval certificate under which the certificate of conformity is issued.
Application for type approvalI77
1
An application by a manufacturer of a vehicle or vehicle part, which is subject to type approval requirements, for the approval of that vehicle or vehicle part as a type vehicle or type vehicle part, as the case may be, and for the issue in respect thereof of a type approval certificate shall be made in writing to the Secretary of State in a form approved by him and shall be accompanied by an appropriate information document duly completed so as to furnish all the information which is required by that document and which is applicable to the vehicle or vehicle part of the type in respect of which the application is made, together with such other documents as are mentioned in the said information document as being required in connection with the application.
2
As soon as reasonably practicable after the date of the receipt of an application for type approval the Secretary of State shall send to the applicant a notice stating the address at which the examination of the vehicle or vehicle part is to be carried out, the date and time at which such examination is to begin, the prescribed fees which are payable in respect of the application and examination and the time, place and manner for payment of such fees, but the Secretary of State shall not be required to commence any examination until the prescribed fees have been paid.
Application for Minister's approval certificatesI88
1
An application by any person in respect of a vehicle or vehicle part which is subject to type approval requirements for a Minister's approval certificate in respect of that vehicle or vehicle part shall be made in writing to the Secretary of State in a form approved by him and, subject to paragraph (3), shall be accompanied by an appropriate information document duly completed so as to furnish all the information which is required by that document and which is applicable to the vehicle or vehicle part in respect of which the application is made, together with such other documents as are mentioned in the said information document as being required in connection with the application.
2
Subject to paragraph (3), as soon as reasonably practicable after the date of the receipt of an application for a Minister's approval certificate the Secretary of State shall send to the applicant a notice stating the address at which the examination of the vehicle or vehicle part is to be carried out, the date and time at which such examination is to begin and the prescribed fees which are payable in respect of the application and examination and the time, place and manner for payment of the fees, but the Secretary of State shall not be required to commence any examination until the prescribed fees have been paid.
3
In a case where an application for a Minister's approval certificate is an application, in the circumstances mentioned in section 47 (11), by a manufacturer or importer for the issue of the certificate without examination of the vehicle or vehicle part the application shall refer to the appropriate information document and shall be accompanied by a remittance for the prescribed fee.
Application for further type approval certificateI99
1
Where on an application for type approval of a vehicle or vehicle part, the Secretary of State is satisfied that one or more, but not all, of the relevant type approval requirements are complied with in the case of the vehicle or vehicle part, application by the original applicant or by any person who manufactures any part of, or who finally assembles, the vehicle or vehicle part for the issue under section 47(9)(a) of a further type approval certificate shall be made in a form approved by the Secretary of State and shall be accompanied by such documents and other information as are reasonably required in connection with the application.
2
The provisions of Regulation 7(2) with regard to notice of examination and payment of fees shall apply in relation to an application for a further type approval certificate as they apply in relation to the original type approval certificate.
3
Where a further type approval certificate is issued for a type vehicle or type vehicle part under section 47(9)(a) on the application of a person who manufactures any part of, or who finally assembles, the vehicle or vehicle part, the references in these Regulations to a manufacturer, in relation to the type vehicle or type vehicle part, shall include a reference to that person.
Prescribed alterationsI1010
In the event of a prescribed alteration being made to a vehicle in respect of which a certificate of conformity or a Minister's approval certificate has been issued, the person responsible for that alteration shall send particulars of it to the Secretary of State, on a form approved by him and accompanied by a remittance for the prescribed fee, before the vehicle is used on a road.
Suspension or amendment of certificatesI1111
1
Where a prescribed alteration is made, the Secretary of State may, if he is satisfied either as a result of an examination or otherwise that the alteration is such as to make it appropriate to do so pursuant to a notice under Regulation 12 either—
a
by virtue of section 50(1)(b)—
i
suspend the certificate in force in respect of the vehicle, or
ii
amend that certificate; or
b
issue a written notice that no suspension or amendment is necessary.
2
If for the purpose of paragraph (1) the Secretary of State requires an examination to be carried out the fee prescribed in respect of that examination shall be paid before the examination starts.
Notice of suspension or amendment of certificatesI1212
1
Where, as a result of a prescribed alteration, the Secretary of State decides to suspend or amend a certificate of conformity or a Minister's approval certificate he shall as soon as practicable give notice of the decision to the person who notified him of the alteration.
2
A notice under paragraph (1) shall specify the date on which the suspension or amendment of the certificate to which the notice relates shall take effect and shall specify—
a
in the case of a suspension—
i
the grounds for the decision to suspend,
ii
the conditions which must be fulfilled before the suspension can cease to have effect, and
iii
that the suspension shall have effect until such time as the Secretary of State gives notice to the person who notified him of the alteration that he is satisfied that the said conditions have been fulfilled; and
b
in the case of an amendment particulars of the amendment;
and shall in all cases inform the person concerned of his right of appeal under Regulation 13 in respect of the decision.
AppealsI1313
1
An appeal under section 49 by a person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or a Minister's approval certificate shall be made in the following manner, that is to say—
a
the appellant shall, not later than six weeks from the notification of the Secretary of State's determination, give notice in writing to the Secretary of State at the address stated for appeals in that notification, of his intention to appeal against the determination;
b
if the grounds of the appeal are not stated in the notice referred to in sub-paragraph (a) above, the appellant shall, not later than six weeks from the giving of that notice, give to the Secretary of State at the address referred to in that sub-paragraph a further notice in writing stating the grounds of his appeal.
2
Every notification by the Secretary of State of—
a
a determination not to issue a type approval certificate or a Minister's approval certificate, or
b
a determination to issue a type approval certificate in respect of one or more, but not all, of the relevant type approval requirements to which the application for type approval relates, or
c
the cancellation or suspension of a type approval certificate,
shall contain a statement of the right of appeal under section 49 and shall give particulars of the time within which, the manner in which, and the address at which, such an appeal can be lodged.
Forms of certificateI1414
1
A type approval certificate shall be in the form set out in Part I or II, as the case may require, of Schedule 3 or in a form to the like effect.
2
A Minister's approval certificate shall be in the appropriate form set out in Parts I to IV, as the case may require, of Schedule 4 or in a form to the like effect.
3
A certificate of conformity shall be in the form set out in Part I or II, as the case may require, of Schedule 5 or in a form to the like effect and shall contain such of the particulars specified in the form in Schedule 5 as are relevant to the vehicle or vehicle part in respect of which the certificate is issued.
Duplicate certificatesI1515
1
If a certificate of conformity or Minister's approval certificate is lost or defaced, application for the issue of a duplicate may be made—
a
in the case of a certificate of conformity, to the manufacturer by whom the original was issued, and
b
in the case of a Minister's approval certificate, to the Secretary of State.
2
Where a certificate has been lost, the application for the issue of a duplicate shall give particulars of the vehicle or vehicle part to which the original related and shall either state the serial number of the original certificate or give such other information with respect to the original certificate as is available and is reasonably required for enabling the records with respect to the original certificate to be searched and particulars of the original certificate traced.
3
Where a certificate has been defaced, the application for the issue of a duplicate shall be accompanied by the defaced certificate and, if the serial number of that certificate is no longer legible, by a statement of such other information with respect to the original certificate as is mentioned in paragraph (2).
4
Every duplicate certificate issued under this Regulation shall be marked “Duplicate”.
5
Every application under this Regulation for a duplicate certificate shall be accompanied by a remittance for the prescribed fee.
Keeping and inspection of records relating to certificates of conformityI1616
1
A manufacturer of a vehicle or vehicle part in relation to which a type approval certificate is in force shall keep a record of every certificate of conformity issued by him under section 47(5) in respect of each vehicle or vehicle part manufactured by him which conforms with the type vehicle or type vehicle part in such of the relevant aspects of design, construction, equipment and markings as are mentioned in the type approval certificate.
2
The record referred to in paragraph (1) shall be a record of—
a
the serial number of the certificate of conformity,
b
the serial number of the type approval certificate referred to in the certificate of conformity,
c
in the case of a certificate of conformity in respect of a vehicle, the vehicle identification number or chassis number assigned by the manufacturer to the vehicle and either the date of the manufacture of the vehicle or the date of the issue of the certificate of conformity, and
d
in the case of a certificate of conformity in respect of a vehicle part to which the manufacturer has assigned an identification number, that number.
3
A person authorised by the Secretary of State for the purpose may, on giving such manufacturer reasonable notice and after production, if so required, of his authority, require the manufacturer to produce for inspection or otherwise make available the records kept by him under this Regulation, and the authorised person may take copies of such records or otherwise secure the reproduction of the information contained in them.
Authorisations to carry out examinations for type approvalI1717
1
The Secretary of State may authorise such persons as he thinks fit, whether officers of his Department or not, to carry out, in connection with the issue of type approval certificates, examinations of vehicles or vehicle parts which are subject to type approval requirements.
2
Any authorisation under this Regulation shall be in writing, shall name the person to whom it is issued and shall specify the matters in connection with which he is authorised to carry out examinations.
3
Any authorisation under this Regulation may be withdrawn at any time by notice by the Secretary of State to the person authorised.
4
A person authorised under this Regulation shall, if so required by or on behalf of a person whose vehicle or vehicle part is being or is to be examined, produce his authorisation to the person making the request.
5
Where an authorisation under this Regulation expires or is withdrawn under paragraph (3), the person to whom the authorisation was given shall return it to the Secretary of State.
NoticesI1818
Every notice under these Regulations shall be in writing and may be given by post.
Licences not to be issued for vehicles unless appropriate certificates are in forceI1919
On an application for a licence under the Vehicles (Excise) Act 1971 for a vehicle subject to the type approval requirements in a case where no such licence has been previously granted, the licence shall not be granted unless there is produced evidence that there is or are one or more certificates in force for the vehicle under section 47 from which it appears that the vehicle complies with all the prescribed type approval requirements which are applicable to it.
RevocationI2020
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1981 are hereby revoked.