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

Approval of type tractors and type tractor components

5.—(1) Where the Minister is satisfied on application made to him by or on behalf of the manufacturer of a tractor and after examination of the tractor, that—

(a) the tractor is of a type which conforms—

(i) with the information given in relation to the tractor in the information document which accompanied the application, and

(ii) with the type approval requirements and

(b) adequate arrangements have been made to secure that other tractors purporting to conform with that tractor in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as are permitted by those requirements,

he shall approve the tractor as a type tractor and shall issue a type approval certificate in respect of it.

(2) Where the Minister is satisfied on application made to him by or on behalf of the manufacturer of a tractor component and after examination of that tractor component, that—

(a) the tractor component is of a type which conforms with the component type approval requirements, and

(b) adequate arrangements have been made to secure that other tractor components purporting to conform with that tractor component in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as are permitted by those requirements,

he shall—

(i) approve the tractor component as a type tractor component subject to any restrictions on scope required by virtue of Article 9a.2 of Council Directive 74/150/EEC(1),

(ii) issue to the manufacturer of the tractor or of the tractor component or to his authorised representative a component type approval mark,

(iii) issue a component type approval certificate in respect of it.

(3) A type approval certificate may be issued in respect of a type tractor where the Minister is satisfied that one or more, but not all, of the type approval requirements are complied with in the case of that tractor.

(4) Where the Minister on an application under regulation 4 decides not to approve a tractor as a type tractor or a tractor component as a type tractor component he shall give notice to the applicant of the decision, stating the grounds on which it is based and informing the applicant of his right to apply for a review under regulation 16 in respect of the decision, and, within a period of one month from the date on which that notice is given, shall give the like notice to the competent authority of every other member State.

(5) Where the Minister issues a type approval certificate or component type approval certificate in pursuance of an application under regulation 4 he shall, within a period of one month from the date on which the certificate is issued, give notice of that fact to the competent authority of every other member State and shall include with that notice a copy of the type approval certificate or component type approval certificate so issued.

(1)

OJ No. L84, 28.3.74, p.10; as amended by Council Directive 79/694/EEC, OJ No. L205, 13.8.79, p. 17.