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[F1SCHEDULE 7XAE+W+SEND OF SERIES EXEMPTIONS

Textual Amendments

PART IIE+W+SMEANING OF “TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Meaning of “type approval end of series vehicle” for the purposes of paragraph 1E+W+S

2.—(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 8, 9 or 11 in Table II in regulation 61, if it meets the requirements of sub-paragraph (3) in relation to the item.

(2) For the purposes of paragraph 1 [F2, and subject to regulation 3 of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007], a vehicle is a type approval end of series vehicle, in relation to an item numbered 2 or higher in the Table in regulation 55A or an item numbered 10 or higher (other than item 11) in Table II in regulation 61 [F3or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A] [F4or paragraph (5) or (6) of regulation 61B] if—

(a)by virtue of [F5either item 2J of Schedule 1 or] Schedule 1C to the Type Approval for Goods Vehicles Regulations, F6... [F7or]

(b)by virtue of Schedule 1C to the Type Approval (Great Britain) Regulations, F8...

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

( [F10which] [F11, other than item 2J of Schedule 1,] in certain circumstances defer the date on which certain requirements relating to exhaust emissions, [F12air conditioning systems,] noise and silencers cease to apply) the type approval requirements that applied to the vehicle on the date specified in column 3 of the item [F13or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive] [F14or, in relation to paragraph (5) or (6) of regulation 61B, 1st January 2017,] are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item [F15or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, the date as is specified by the relevant Community Directive] [F16or, in relation to paragraph (5) or (6) of regulation 61B, immediately before 1st January 2017].

[F17(2A) For the purposes of paragraph 1, a vehicle is a type-approval end of series vehicle in relation to an item in the Table in regulation 55A , or in Table II in regulation 61, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 61A, [F18or paragraph (5) or (6) of regulation 61B] if it has been exempted from that item or provision under—

(a)the laws of a relevant State (as defined by paragraph 5(1)(c)) other than the United Kingdom, or

(b)the laws applicable in Northern Ireland,

pursuant to Article 8(2)(b) of the Framework Directive [F19, or Article 27 of Community Directive 2007/46].]

[F20(2B) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to—

(a)an item numbered 2 or higher in the Table in regulation 55A,

(b)an item numbered 10 or higher (other than item 11) in Table II in regulation 61,

(c)any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, or

(d)paragraph (5) or (6) of regulation 61B,

if a direction given under regulation 12 or 13 of the EC Whole Vehicle Type Approval Regulations or regulation 31 or 32 of the Vehicle Approval Regulations is in force in relation to the vehicle.]

(3) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if—

(a)it was manufactured during the relevant period;

(b)one of the following conditions is satisfied—

(i)a certificate of conformity was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a TAC issued before the date specified in column 4 of the Table in paragraph 6 in relation to the item, or

(ii)a sub-MAC was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a MAC issued before the date specified in column 4 of that Table;

(c)it was in the territory of a relevant state at some time before the date specified in column 3 of the item; and

(d)the number of relevant vehicles which were—

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the date specified in column 3 of that item, was less than the specified number of 50 (whichever is the greater).

(4) For the purposes of sub-paragraph (3)—

(a)“MAC” means a Minister’s approval certificate issued under section 58(1) of the Road Traffic Act 1988;

(b)“sub-MAC” means a Minister’s approval certificate issued under section 58(4) of the Road Traffic Act 1988; and

(c)“TAC” means a type approval certificate.

Textual Amendments

Modifications etc. (not altering text)

Meaning of “relevant vehicle” for the purposes of this PartE+W+S

3.—(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)is a vehicle to which those Regulations apply;

(b)meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

(c)was manufactured by the manufacturer of the vehicle in question; and

(d)had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d) in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)is a vehicle to which those Regulations apply;

(b)meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

(c)was manufactured by the manufacturer of the vehicle in question; and

(d)had not been registered under the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

Meaning of “specified number” for the purposes of this PartE+W+S

4.—(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

(a)manufactured by the manufacturer of the vehicle in question; and

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

(a)manufactured by the manufacturer of the vehicle in question, and

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this PartE+W+S

5.—(1) For the purposes of paragraph 2(3)(c)—

(a)at any material time before the 5th November 1993, “relevant state” means a member State;

(b)in relation to any time on or after 5th November 1993 but before 1st May 1995, “relevant state” means an EEA State other than Liechtenstein; and

(c)in relation to any time on or after 1st May 1995, “relevant state” means any EEA State.

(2) For the purposes of this paragraph—

“EEA agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on the 17th March 1993; and

“EEA State” means a State which is a contracting party to the EEA agreement.

Meaning of “relevant period” for the purposes of this PartE+W+S

6.  For the purposes of this Part, “the relevant period” in relation to an item numbered 8, 9 or 11 in Table II in regulation 61 is the period—

(a)beginning on the date specified in column 2 of the Table below against that item; and

(b)ending immediately before the date specified in column 3 of the Table below against that item.

THE TABLE
12345
Item in Table II in regulation 61Date on which the relevant period begins:Date immediately before which the relevant period ends.Date before which type approval etc. needs to be grantedDate in column 3 of Table II in regulation 61
81st August 19901st September 19921st July 199231st December 1992
91st April 19911st October 19931st October 19931st October 1993
111st August 19921st August 19941st October 19931st October 1994]