The Motor Vehicles (EC Type Approval) Regulations 1998

PART I PRELIMINARY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Motor Vehicles (EC Type Approval) Regulations 1998 and shall come into force on 23rd September 1998.

(2) These Regulations extend to Northern Ireland.

Revocation

2.  The Regulations specified in Schedule 3 are revoked to the extent specified in the third column of that Schedule.

Interpretation

3.—(1) In these Regulations—

“the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981(1);

“the 1988 Act” means the Road Traffic Act 1988(2);

“the 1980 Regulations” means the Motor Vehicles (Type Approval) Regulations 1980(3);

“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(4);

“the 1985 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland 1985(5);

“the 1987 Regulations” means the Motor Vehicles (Type Approval) (EEC) Regulations (Northern Ireland) 1987(6);

“the 1994 Act” means the Vehicle Excise and Registration Act 1994(7);

“the Framework Directive” means Council Directive 70/156/EEC(8) as amended by Council Directives 87/403/EEC(9), and 92/53/EEC(10) and Commission Directives 93/81/EEC(11) and 98/14/EC(12);

“EC certificate of conformity” means any certificate of conformity issued by a manufacturer—

(a)

under regulation 5 of these Regulations, or

(b)

under any provision of the law of a Member State other than the United Kingdom giving effect to Article 6 of the Framework Directive;

“EC type approval” means—

(a)

vehicle type approval for a light passenger vehicle granted pursuant to the Framework Directive (an “EC vehicle type approval”), or

(b)

system, component or separate technical unit type approval granted pursuant to a separate Directive (an “EC system, component or separate technical unit type approval”),

and references to an application for EC type approval and other cognate expressions shall be construed accordingly;

“EC type approval certificate” means a type approval certificate issued—

(a)

by the Secretary of State under regulation 4(5) of these Regulations, or

(b)

under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive;

“light passenger vehicle” has the meaning given in section 85 of the 1988 Act; and

“separate Directive” means a Directive specified in the second column of an item in Schedule 1 to these Regulations as read with Directives (if any) specified in the third column of that item.

(2) Other expressions used in these Regulations which are also used in the Framework Directive shall have the same meaning as in the Framework Directive and cognate expressions shall be construed accordingly.

(3) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and

(c) a numbered Schedule is a reference to the Schedule so numbered in these Regulations.

(1)

S.I. 1981/154 (N.I. 1); Articles 31A to 31E were inserted by S.I. 1985/755 (N.I. 6); Articles 31D and 31E were amended and Article 31G inserted by S.R. 1993 No. 246.

(2)

1988 c. 52.

(3)

S.I. 1980/1182, amended by S.I. 1982/7, 1986/1501, 1988/1103 and 1669, 1989/1578 and 2262, 1991/820, 2681 and 2830, and 1992/2154 and 3107.

(4)

S.I. 1984/981, amended by S.I. 1984/1761, 1985/1651, 1987/1509, 1991/1022 and 1992/2908.

(5)

S.R. 1985 No. 294 amended by S.R. 1987 No. 389, S.R. 1988 No. 405, S.R. 1990 No. 84, S.R. 1991 No. 408, S.R. 1992 Nos. 86 and 508, S.R. 1995 No. 38 and S.R. 1996 No. 156.

(6)

S.R. 1987 No. 306, revoked by S.R. 1994 No. 240.

(7)

1994 c. 22.

(8)

OJ No. L42, 23.2.70, p.1.

(9)

OJ No. L220, 8.8.87, p.44.

(10)

OJ No. L225, 10.8.92, p.1.

(11)

OJ No. L264, 23.10.93, p.49.

(12)

OJ No. L91, 25.3.98, p.1.