The Motor Vehicles (EC Type Approval) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Motor Vehicles (EC Type Approval) Regulations 1992.

The Regulations implement Council Directives 70/156/EEC and 87/403/EEC and Commission Directive 98/14/EC which provide that Member States must set up a system for granting EC type approval for light passenger vehicles. The Directives contain provisions which prohibit Member States registering or permitting the sale or entry into service of such vehicles, unless they are accompanied by a valid EC certificate of conformity. They contain similar provisions for parts of motor vehicles (not limited to parts of light passenger vehicles). Schedule 1 to the Regulations lists separate Directives which lay down standards for components of vehicles. It is expanded in order to implement a number of Directives adopted in 1996 and 1997 which introduce new standards.

The Directives concerned are as follows.

Directive 97/39/EC amends Directive 75/443/EEC for speedometers and reverse gears on motor vehicles.

Directive 97/28 further amends Directive 76/756/EEC for lighting installation on motor vehicles.

Directive 97/29/EC amends Directive 76/757/EEC for reflex reflectors on motor vehicles.

Directive 97/30/EC further amends Directive 76/758/EEC for side, rear and stop lamps on motor vehicles.

Directive 97/31/EC amends Directive 76/760/EEC for number plate lamps on motor vehicles.

Directive 97/32/EC amends 77/539/EEC for reversing lamps on motor vehicles.

Directive 97/19/EC amends Directive 70/221/EEC for fuel tanks and rear protective devices for motor vehicles.

Directive 97/20/EC amends Directive 72/306/EEC for emissions of smoke from diesel vehicles.

Directive 97/21/EC further amends Directive 80/1269/EEC for the engine power of motor vehicles.

Directive 97/27/EC sets out requirements for the masses and dimensions of vehicles other than those to which Directive 92/21/EC applies.

Directive 96/79/EC sets out requirements for the protection of occupants of motor vehicles in the event of a frontal impact.

Directive 98/12/EC sets out requirements for brakes on motor vehicles.

Part I of the Regulations contains preliminary provisions.

Part II of the Regulations contains provisions relating to—

(a) applications to the Secretary of State for EC type approval,

(b) the grant of EC type approval by the Secretary of State,

(c) the duties of holders of type approval granted by the Secretary of State including a duty to supply an EC certificate of conformity with each vehicle and to affix an approval mark to each part that conforms with the approved type, and

(d) the withdrawal or suspension of EC type approval granted by the Secretary of State.

Subject to specified exceptions, Part III of the Regulations prevents the Secretary of State from issuing a first licence or registering a light passenger vehicle, unless it either has an EC certificate of conformity or has a Minister’s approval certificate issued under section 58(1) of the Road Traffic Act 1988.

Certain vehicles are excepted from the requirement to obtain EC type approval. These include—

(a) certain prototype vehicles,

(b) certain vehicles previously in the public service of the Crown, and

(c) certain special purpose vehicles (ambulances, hearses and motor caravans).

Article 8(2)(b) of Directive 70/156/EEC permits—

(a) a limited number of vehicles for a limited period to be sold and registered in an EEA state if they conform to a type of vehicle whose EC type approval is no longer valid, and

(b) a limited number of vehicles for a limited period to be sold and registered in the UK if they conform to a type of vehicle whose national type approval is no longer valid.

Regulations 12 and 13 give effect to these “end of series” derogations.

Part IV of the Regulations contains miscellaneous provisions. These include provisions creating offences relating to EC type approval such as forging an EC type approval certificate or an EC certificate of conformity and making false statements.

Copies of the EEC and EC Directives referred to in these Regulations can be obtained from the Stationery Office.