PART III

1

Item 2D of Part I of Schedule 1 shall have effect in relation to a vehicle to which this Part of this Schedule applies as if wherever the words “see regulation 4(14) and Schedule 1B” appear in column (6) there were substituted “30.9.1994”.

2

1

This Part of this Schedule applies on or after 1st October 1993 to a vehicle if it fulfils the following four requirements, namely—

a

it was manufactured on or after 1st April 1991 and before 1st April 1993;

b

either—

i

a certificate of conformity was issued in respect of the vehicle before 1st October 1993 on the basis that it conformed 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 1st October 1993 on the basis that it conformed 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 1st October 1993; and

d

it was manufactured at a time when, out of all the relevant vehicles in existence on 1st October 1993, 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 under the Vehicles (Excise) Act 19713 during the period beginning with 1st October 1992 and ending with 30th September 1993;

or 50 whichever is the greater.

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 under the Vehicles (Excise) Act 1971 before 1st October 1993.

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.