The Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“agricultural or forestry tractor” means a tractor (whether or not equipped to carry a load of passengers) which—

(a)

is a motor vehicle fitted with wheels and pneumatic tyres and having at least two axles, and

(b)

is specially designed to tow, push, carry or power tools, machinery or trailers intended for agricultural or forestry use, and

(c)

is designed so as to have a maximum speed of not less than 6, and not more than 30, kilometres per hour;

except that “agricultural or forestry tractor”—

(i)

in relation to the approval of a tractor in respect of its passenger seats means a tractor as defined above and having the characteristic as to track width specified in Article 1.2 of Council Directive 76/763/EEC(1);

(ii)

in relation to the approval of a tractor other than a narrow track tractor in respect of its roll-over protection structure means a tractor as defined above and having the characteristics specified in Article 9 of Council Directive 79/622/EEC(2);

(iii)

in relation to the approval of a narrow track tractor in respect of its rear-mounted roll-over protection structure means a tractor as defined above and having the characteristics specified in Article 1 of Council Directive 86/298/EEC(3); and

(iv)

in relation to the approval of a narrow-track tractor in respect of its roll-over protection structure mounted in front of the driver’s seat means a tractor as defined above and having the characteristics specified in article 1 of Council Directive 87/402/(EEC)(4).

“certificate of conformity”, in relation to a tractor or tractor component, means a document in the form set out in Part IV of Schedule 1;

“Community Directives” means Directives issued by the Council or by the Commission of the European Communities concerning the approximation of the laws of member States on the type approval of tractors and tractor components in relation to design, construction, equipment and marking;

“component type approval certificate” means a certificate in the form of, or similar to, the form set out in the appropriate Annex to the Community Directive relevant to the tractor component in respect of which the certificate is issued;

“component type approval mark” means a mark in the form set out in the appropriate Annex to the relevant Community Directive;

“component type approval requirements” in relation to a tractor component, means the requirements relevant to that tractor component contained in the Community Directives listed in Part B of Schedule 2, being requirements with respect to the design, construction, equipment and marking of tractor components;

“conform” means conform in all aspects, or with any permitted variation;

“information document”, in relation to a tractor means a document in the form set out in Part I of Schedule 1;

“member State” means any State which is a member of the European Communities;

“Minister” means, in relation to England and Northern Ireland, the Minister of Agriculture, Fisheries and Food and in relation to the remainder of the United Kingdom, the Secretary of State;

“the relevant aspects of design, construction, equipment and marking”, in relation to a tractor, or tractor component, means those aspects of design, construction, equipment and marking which are subject to the type approval or component type approval requirements;

“the type approval requirements” means the requirements contained in the Community Directives listed in Part A of Schedule 2, being requirements with respect to the design, construction, equipment and marking of tractors;

“tractor” means an agricultural or forestry tractor to which these Regulations apply;

“tractor component” means an article made or adapted for use as part of a tractor, or for use as part of the equipment of any tractor, in respect of which a Community Directive has been issued;

“type approval certificate”, in relation to a tractor, means a document in the form set out in Part II of Schedule 1 completed in accordance with Part III of that Schedule or, in the case of the approval of a tractor type with regard to the attachment of a tractor component, a certificate conforming to the model shown in the appropriate Annex to the Community Directive relevant to that tractor component.

(2) Any reference in these Regulations—

(a) to the competent authority of any member State other than the United Kingdom are references to the authority in that State who has functions in relation to the type approval of tractors or tractor components corresponding to those of the Minister under these Regulations, and

(b) to a numbered regulation or Schedule are references to the regulation or Schedule so numbered in these Regulations.

(3) Any notice required under these Regulations to be given by or to any person shall be given in writing.

(1)

OJ No. L262, 27.9.76, p.135; as amended by Council Directive 82/890/EEC, OJ No. L378, 31.12.82, p.45.

(2)

OJ No. L179, 17.7.79, p.1.

(3)

OJ No. L186, 8.7.86, p.26.

(4)

OJ No. L220, 8.8.87, p.1.