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

Regulation 11(3)

SCHEDULE 4 PROVISIONS TO BE INSERTED INTO SCHEDULE 1B TO THE PRINCIPAL REGULATIONS

“PART III

1.   Items 4D and 4F of Part I of Schedule 1 shall have effect in relation to a vehicle to which this Schedule applies as if wherever the words “see regulation 4(11) of Schedule 1B” appear in column (6) there were substituted “30.12.1993”.

2.— (1) This Part of this Schedule applies to a vehicle on or after 31st December 1992 if it fulfils the following four requirements, namely—

(a) it was manufactured on or after 1st September 1990 and before 1st September 1992;

(b) either—

(i) a certificate of conformity was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a type vehicle in respect of which a TAC had been issued before 1st July 1992; or

(ii) a sub-MAC was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a vehicle in respect of which a MAC had been issued before 1st July 1992;

(c) it was in the territory of a member State at some time before 31st December 1992; and

(d) it was manufactured at a time when, out of all the relevant vehicles in existence on 31st December 1992, not more than the specified number had been manufactured.

(2) For the purposes of this paragraph, in relation to a vehicle (“the vehicle in question”),—

(a) “the specified number” is 10 per cent of the total number of vehicles to which these Regulations apply that were both—

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

(ii) registered during the period beginning on 31st December 1991 and ending on 30th December 1992.

(b) a “relevant vehicle” is a vehicle which—

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

(ii) satisfies the requirements of sub-paragraphs (a), (b) and (c) of paragraph 2(1) above; but

(iii) had not been registered before 31st December 1992.

(3) In this paragraph—

“MAC” means a Minister’s approval certificate not being a sub-MAC;

“sub-MAC” means a Minister’s approval certificate issued by virtue of section 58(4) of the Road Traffic Act 1988; and

“TAC” means a type approval certificate.

(4) For the purposes of this paragraph—

(a) a reference to a vehicle conforming with another vehicle is a reference to a vehicle conforming with another vehicle as respects the relevant aspects of design, construction, equipment and marking;

(b) a TAC relates to a vehicle where a certificate of conformity has been issued on the basis of the vehicle conforming with a type vehicle in respect of which the TAC was issued; and

(c) a MAC relates to a vehicle where a sub-MAC has been issued on the basis of the vehicle conforming with another vehicle in respect of which the MAC was issued.”