The Motor Vehicles (Approval) (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Approval) Regulations 1996 (“the 1996 Regulations”).

Regulations 3 and 6 of the 1996 Regulations are amended by regulations 4 and 6 of these Regulations so as to repeal some spent words and to extend the scope of Parts II and III of the 1996 Regulations to vehicles constructed by manufacturers using parts from a registered vehicle. This class is defined in Schedule 1 to the 1996 Regulations in a new paragraph 4 inserted by regulation 10 and Schedule 1 to these Regulations.

Regulations 4 and 6 of the 1996 Regulations are amended by regulations 5 and 7 of these Regulations so that a vehicle is taken to meet the approval requirements for a specified subject matter in Schedule 2 or 3 if evidence is to produced to satisfy the Secretary of State that the vehicle has been approved by the competent authority in another EEA State (as defined by a new definition inserted by regulation 3) as complying with a requirement equivalent to that specified in the 1996 Regulations with respect to that subject matter.

Regulation 8 amends regulation 12 of the 1996 Regulations with regard to the form of Minister’s approval certificate.

Regulation 14 of the 1996 Regulations is amended by regulation 9 so as to alter the classes of vehicle for which a day is appointed for the purposes of section 63. To the vehicles excluded by the 1996 Regulations from the application of section 63 of the Road Traffic Act 1988 (obligatory type approval certificates, certificates of conformity and Minister’s approval certificates), there are added vehicles 10 years old or more and vehicles kept by members of visiting forces which satisfy the requirements specified in a new regulation 14(2A) of the 1996 Regulations. The appointed day in regulation 14(3) is put back from 1st May 1998 to 1st July 1998.

Regulation 11 introduces Schedule 2, which makes amends Schedule 2 to the 1996 Regulations (approval requirements for vehicles to which Part II of the 1996 Regulations apply), and Schedule 3 which amends Schedule 3 to the 1996 Regulations (approval requirements for vehicles to which Part III) applies.

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L 109, p. 8) as amended by Council Directive 88/182/EEC of 22 March 1988 (OJ 1988 L 81, p. 75) and European Parliament and Council Directive 94/10/EEC of 23 March 1994 (OJ 1994 L 100, p. 30).