The Motor Cycles Etc. (EC Type Approval) Regulations 1999

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 1994 Act” means the Vehicle Excise and Registration Act 1994(3);

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995(4);

“the Framework Directive” means Council Directive 92/61/EEC of 30th June 1992 relating to the type approval of two or three-wheel motor vehicles(5);

“cm³” means cubic centimetres;

“EC certificate of conformity” means any certificate of conformity issued by the holder of an EC type approval certificate–

(a)

under regulation 8, or

(b)

under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7 of the Framework Directive;

“EC component type approval” means type approval of a separate technical unit or component granted pursuant to the Framework Directive and a separate Directive;

“EC type approval” means EC vehicle type approval or EC component type approval;

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

(a)

under regulation 7, or

(b)

under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 5 of the Framework Directive;

“EC vehicle type approval” means type approval of a vehicle granted pursuant to the Framework Directive;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(6);

“EEA State” means a state which is a contracting Party to the EEA Agreement;

“kg” means kilogram(s);

“km/h” means kilometre(s) per hour;

“kW” means kilowatt(s);

“mm” means millimetre(s);

“moped” means a two or three wheel vehicle fitted with an engine having a cylinder capacity not exceeding 50cm³ if of the internal combustion type and a maximum design speed of not more than 45 km/h;

“motor cycle” means a two-wheel vehicle with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50cm³ if of the internal combustion type and/or having a maximum design speed of more than 45 km/h;

“motor tricycle” means a vehicle with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of more than 50cm³ if of the internal combustion type and/or a maximum design speed of more than 45 km/h;

“quadricycle” means a motor vehicle with four wheels having the following characteristics–

(a)

a light quadricycle whose unladen mass is less than 350kg, not including the mass of batteries in the case of an electric vehicle, whose maximum design speed is not more than 45 km/h and whose engine cylinder capacity does not exceed 50cm³ for spark-ignition engines (or whose maximum net power is no more than 4kW for other types of engines); or

(b)

a quadricycle other than one falling within sub-paragraph (a), whose unladen mass is not more than 400 kg (550 kg for a vehicle intended for carrying goods), not including the mass of batteries in the case of an electric vehicle, whose maximum net engine power does not exceed 15kW;

“separate Directive” means a Directive specified in Schedule 1.

(2) For the purposes of determining the number of wheels which a vehicle has, two wheels shall be considered as one wheel where–

(a) they are mounted on the same axle, and

(b) the distance between the centres of their areas of contact with the ground is less than 460 mm.

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

(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 Articles 31F and 31G inserted by S.R. 1993 No. 246.

(2)

1988 c. 52.

(3)

1994 c. 22.

(4)

S.I. 1995/197 (N.I. 3).

(5)

O.J. L225, 10.8.92, p. 72.

(6)

Cmnd 2073 and 2183.