The Road Vehicles (Construction and Use) Regulations 1986

[F1 PART III E+W+S MEANING OF “NON-TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Textual Amendments

F1 Sch. 7XA inserted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 11, Sch.

Meaning of “non-type approval end of series vehicle” in paragraph 1 E+W+S

7.— [F2 (1) For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision.]

[F3 (2) A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if—]

(a) it is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations [F4 nor the EC Whole Vehicle Type Approval Regulations] apply;

(b) it was manufactured during the relevant period;

(c) no EC certificate of conformity has been issued in respect of the vehicle;

(d) it was in the territory of a relevant state at some time before the end of the relevant period; and

(e) the number of relevant vehicles which were both—

(i) manufactured before that vehicle was manufactured, and

(ii) still in existence on the date specified in column 3 in the item [F5 or 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, is less than the specified number, or 100, whichever is the greater.]

Textual Amendments

F2 Sch. 7XA para. 7(1) substituted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(5)

F3 Words in Sch. 7XA para. 7(2) substituted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(6)

F4 Words in Sch. 7XA para. 7(2)(a) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(7)

F5 Words in Sch. 7XA para. 7(2)(e)(ii) replaced (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(8)

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

8.   For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item [F6 , or provision], a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a) meets the requirements specified in paragraphs (a) to (d) of paragraph 7(2);

(b) is a “vehicle” within the meaning of either Community Directive 70/220 (as amended by Community Directive 83/351 or Community Directive 88/77);

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

(d) had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the relevant period.

Textual Amendments

F6 Words in Sch. 7XA para. 8 inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(9)

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

9.— (1) For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item [F7 or provision], “the specified number” is [F8 30%] of the total number of vehicles that—

(a) are vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations [F9 nor the EC Whole Vehicle Type Approval Regulations] apply; and

(b) meet the requirements of sub-paragraph (2).

(2) A vehicle meets the requirements of this paragraph if it—

(a) is a “vehicle” within the meaning of either Community Directive 83/351 or Community Directive 88/77;

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

(c) was 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 that item [F10 or, in relation to [F11 any provision of any Community Directive specified in] item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive].

Textual Amendments

F7 Words in Sch. 7XA para. 9(1) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(11)

F8 Figure in Sch. 7XA para. 9(1) replaced (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(11)

F9 Words in Sch. 7XA para. 9(1)(a) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(12)

F10 Words in Sch. 7XA para. 9(2)(c) inserted (1.1.2001) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2000 (S.I. 2000/3197), regs. 1, 8(8)

F11 Words in Sch. 7XA para. 9(2)(c) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(14)

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

10.   Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 7(2)(d) as it has effect for the purposes of paragraph 2(3)(c).

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

11.   For the purposes of paragraphs 7(2)(d), “the relevant period”—

(a) in relation to an item numbered 9 or 11 in Table II in regulation 61 is the period—

(i) beginning on the date specified in column 2 of the Table below against the item, and

(ii) ending immediately before the date specified in column 3 of the Table below against the item; and

(b) in relation to any item in the Table in regulation 55A or any item numbered 10 or higher (other than 11) in the said Table II is the two year period ending immediately before the date specified in column 3 of that item [F12 ; and

(c) in relation to [F13 any provision of any Community Directive specified in] an item numbered 1 or 2 in the Table in regulation 61A is the two year period ending immediately before the date as is specified (as defined in regulation 61A) by the relevant Community Directive in the Table.]

THE TABLE

1	2	3	4
Item in Table II in regulation 61	Date on which relevant period begins	Date immediately before which the relevant period ends	Date in column 3 of Table II in regulation 61
9	1st April 1991	1st October 1993	1st October 1993
11	1st August 1992	1st August 1994	1st October 1994]

Textual Amendments

F12 Sch. 7XA para. 11(c) and word inserted (1.1.2001) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2000 (S.I. 2000/3197), regs. 1, 8(9)

F13 Words in Sch. 7XA para. 11(c) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(15)