The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1992

PART II LOW VOLUME TYPE APPROVAL

3.—(1) Regulation 2 (interpretation) shall be amended as follows.

(2) For the definition of “the type approval requirements”, there shall be substituted the following definition—

““the type approval requirements” means the requirements with respect to the design, construction, equipment or marking of vehicles or vehicle parts which—

(a)

relate to the items numbered in column (1) and listed in column (2) of Part I of Schedule 1; and

(b)

are contained in instruments, other documents, or Parts of that Schedule, and consist of the requirements, specified against each such item in column (3) of Part I of that Schedule (subject to such modifications and additions as are set out in Part I of that Schedule);”.

4.  After regulation 2, there shall be inserted the following—

“Interpretation of “low volume type approval vehicle”

2A.— (1) For the purposes of these Regulations a vehicle (“the vehicle in question”) is a low volume type approval vehicle at a particular time if—

(a) since the 31st December immediately preceding that time not more than 500 Minister’s approval certificates have been issued with respect to vehicles of the relevant class; and

(b) no type approval certificate has been issued with respect to a vehicle of the relevant class.

(2) Notwithstanding anything in paragraph (1) a vehicle shall be deemed to be a low volume type approval vehicle for the purposes of these Regulations if a Minister’s approval certificate in the form set out in Part III Schedule 4 or a form to the like effect has been issued with respect to it.

(3) For the purposes of this Regulation, a vehicle is a vehicle of the relevant class if it is not the vehicle in question, but is a vehicle—

(a) of the same or a similar model; and

(b) manufactured by the same manufacturer;

as the vehicle in question.

(4) For the purposes of this regulation only, two or more vehicles manufactured by different bodies corporate shall be regarded as having been manufactured by the same manufacturer if at the date when the last of those vehicles was manufactured the bodies were interconnected within the meaning given by section 137(5) of the Fair Trading Act 1973(1).”

5.  In regulation 4 (type approval requirements — application)—

(a) before the words “Schedule 1” whenever they occur there shall be inserted the words “Part I of”; and

(b) paragraph (5) shall be omitted.

6.  In regulation 9 (forms of certificates)—

(a) at the beginning of paragraph (2), there shall be inserted the words “Subject to paragraphs (4) and (5),”; and

(b) after paragraph (3), there shall be inserted the following paragraphs—

“(4) Where the Secretary of State is satisfied that a vehicle complies with the relevant type approval requirements on the basis that it is a low volume type approval vehicle and is not satisfied that it would otherwise so comply, a Minister’s approval certificate issued in respect of that vehicle shall be in the form set out in Part III of Schedule 4 or in a form to the like effect.

(5) Where the applicant applies for a Minister’s approval certificate for a vehicle on the basis that it is a low volume type approval vehicle the certificate shall be in the form set out in Part III of Schedule 4 or in a form to the like effect.”

7.—(1) Schedule 1 shall be amended as follows.

(2) Before the heading “TYPE APPROVAL REQUIREMENTS” at the beginning of the Schedule there shall be inserted the heading “PART I” and, accordingly, the Table in the Schedule shall have effect as Part I of the Schedule.

(3) The Table shall be amended in accordance with Schedule 1 to these Regulations.

(4) After the Table, there shall be inserted the provisions set out in Schedule 2 to these Regulations.

8.  In Schedules 1A, 1B and 3, before the words “Schedule 1”, wherever they occur, there shall be inserted the words “Part I of”.

9.  In Schedule 4, after Part II there shall be inserted the provisions set out in Schedule 3 to these Regulations.

(1)

1973 c. 41.