The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1989

Interpretation

3.—(1) Unless the context otherwise requires, any reference in these Regulations to:

(a) a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and

(c) a numbered section is a reference to the section bearing that number in the Road Traffic Act 1972.

(2) In these Regulations, except where the context otherwise requires:–

“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation, an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;

“approval mark” means a marking designated as an approval mark by Regulations made under section 63;

“approval requirements” means—

(a)

the requirements for examination and approval as regards the type approval requirements specified in–

(i)

a Community Instrument;

(ii)

Schedule 1 to the Great Britain Regulations;

(iii)

Schedule 1 to the Great Britain Regulations for Goods Vehicles; and

(iv)

an ECE Regulation; or

(b)

the requirements for examination and marking authorisation relating to a marking designated as an approval mark by the Motor Vehicles (Designation of Approval Marks) Regulations 1979(1)

“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or vehicle part;

“Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;

“ECE Regulation” means a Regulation 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 1958(2) as amended(3) to which the United Kingdom is a party(4);

“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;

“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(5);

“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(6);

“Government or approved premises” means premises established or approved by the Secretary of State for Transport for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purpose of a Community Instrument or an ECE Regulation;

“motorcycle” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980(7);

“national type approval scheme” means the scheme for the type approval of vehicles and vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;

“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;

“type approval certificate”, “Minister’s approval certificate” and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate or authorisation as the case may be;

“Type Approval Regulations” means the Motor Vehicles (Type Approval) Regulations 1980(8).

(3) 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(9) as amended.

(1)

S.I. 1979/1088, as amended by S.I. 1980/582 and 2027, 1981/126 and 1732, 1982/1479, 1983/1602, 1985/113 and 1986/369.

(2)

Cmnd 2535.

(3)

Cmnd 3562.

(4)

By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

(5)

S.I. 1984/981, as amended by S.I. 1984/1401 and 1761, 1985/1651, 1986/739, 1987/1509 and 1988/1522.

(6)

S.I. 1982/1271, as amended by S.I. 1984/697 and 1402, 1985/46, 1986/427 and 1089, 1987/1508 and 1988/1523.

(7)

S.I. 1980/765, as amended by 1988/1640.

(8)

S.I. 1980/1182; the relevant amending instruments are S.I. 1982/7, 1986/1501, 1987/524, 1988/1103 and 1669.

(9)

O.J. L42. 23.2.70, p.1.