Statutory Instruments
ROAD TRAFFIC
Made
4th August 2004
Laid before Parliament
24th August 2004
Coming into force
1st October 2004
The Secretary of State for Transport, in exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988(1), and the powers conferred by section 56(1) and (2) of the Finance Act 1973(2) with the consent of the Treasury, and of powers conferred by the Department of Transport (Fees) Order 1988(3) and section 128 of the Finance Act 1990(4), and in relation to the exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988, after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby makes the following Regulations:
1. These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
2. The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999(5) shall be amended in accordance with the following provisions of these Regulations.
3. In regulation 3(2) for the definition of “Framework Directive” there shall be substituted—
““Framework Directive” means Council Directive 70/156/EEC(6) as amended by amendments up to and including those effected by Commission Directive 2004/78/EC(7);”
4. In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
| Regulation | Existing Fee | Substituted Fee |
|---|---|---|
| Regulation 4(1) | £84 | £86 |
| Regulation 9(5) | £50 | £51 |
| Regulation 10(4), (5) and (6) | £35 | £36 |
| Regulation 11(1)(b) | £56 | £58 |
| Regulation 13(2)(a) | £115 | £117 |
| Regulation 13(2)(b) | £252 | £257 |
| Regulation 13(4)(a) | £112 | £114 |
| Regulation 13(4)(b) | £329 | £336 |
5. For Schedules 1 to 4 there shall be substituted the Schedules set out in the Schedule to these Regulations.
6.—(1) The Table in Part I of Schedule 5 shall be amended as follows.
(2) In item 8 (Rear view mirrors), there shall be added in the third and fourth columns after the last entry—
| 2003/97/EC† | L25, 29.1.04, p.1 |
(3) In item 59 (Fuel consumption), there shall be added in the third and fourth columns after the last entry—
| 2004/3/EC† | L49, 19.2.04, p.36 |
(4) In item 73 (Speed limiters), there shall be added in the third and fourth columns after the entry of the Principal Directive—
| 2004/11/EC† | L44, 14.2.04, p.19 |
(5) In item 90 (Motorcycles), there shall be added in the third and fourth columns after the last entry—
| 2003/77/EC* | L211, 21.8.03, p.24 |
(6) After item 98, there shall be added as a new item in the first, second, fourth and fifth columns—
| 99 | 2003/102/EC† | L321, 6.12.03, p.15 | Pedestrian protection |
7. In the Table in Part II of Schedule 5 there shall be added after the last entry in the third, fourth and fifth columns—
| 432/2004 | 10.3.2004 | L71, 10.3.04, p.3 |
8.—(1) The Table in Part III of Schedule 5 shall be amended as follows.
(2) In item 14 (Seat belt anchorages), there shall be added after the last entry in the third and fourth columns—
| 14.06 | 26 Feb 04 |
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
22nd July 2004
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
John Heppell
Joan Ryan
Two Lords Commissioners Of Her Majesty’s Treasury
4th August 2004
Regulation 5
Regulations 5 and 6
| (1) | (2) | (3) |
|---|---|---|
| Description of examination | Fee No. | Amount of fee (£) |
| Examination of a vehicle with a view to the issue of a type approval certificate | 60000 | 1,771 |
| Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) | 60001 | 1,771 |
| Examination of a vehicle where there has been a valid application for a certificate by virtue of section 58(4) | 60002 | 1,730 |
| (1) | (2) | (3) |
|---|---|---|
| Description of examination | Fee No. | Amount of fee (£) |
| Examination of a low volume type approval vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) | 60010 | 1,769 |
| Examination of a low volume type approval vehicle where there has been a valid application for a certificate by virtue of section 58(4) | 60011 | 616 |
| (1) | (2) | (3) |
|---|---|---|
| Description of examination or part of examination | Fee No. | Amount of fee (£) |
| Receipt of application and planning of the examination process | 60020 | 293 |
| Examination of a vehicle | 60021 | 1,876 |
| Compilation and administrative checking of documentation in relation to: | ||
(a)each type of vehicle, and | 60022 | 411 |
(b)for each variant— | ||
(i)where less than 5 versions are involved | 60023 | 49 |
(ii)where 5 or more versions are involved | 60024 | 99 |
| Further compilation and administrative checking of documentation, submitted in place of original documentation, in relation to: | ||
(a)each type of vehicle, and | 60025 | 204 |
(b)for each variant— | ||
(i)where less than 5 versions are involved | 60026 | 25 |
(ii)where 5 or more versions are involved | 60027 | 49 |
Regulation 5(2) and (3)
| (1) | (2) | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Description of examination | Amount of fee/Vehicle category | |||||||||
| (a) | (b) | (c) | ||||||||
| L2, L5, N1 | N2 | N3 | ||||||||
| 2 axle | 3 axle | 4 axle | ||||||||
| Fee No. | Fee (£) | Fee No. | Fee (£) | Fee No. | Fee (£) | Fee No. | Fee (£) | Fee No. | Fee (£) | |
| Examination of a type vehicle consisting of 50 or less variants with a view to the issue of a type approval certificate | 70000 | 866 | 70001 | 1,586 | 70002 | 2,496 | 70003 | 2,751 | 70004 | 2,751 |
| Examination of a type vehicle consisting of more than 50 variants with a view to the issue of a type approval certificate | 70005 | 866 | 70006 | 1,586 | 70007 | 3,051 | 70008 | 3,639 | 70009 | 3,639 |
| Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) | 70010 | 866 | 70011 | 1,165 | 70012 | 1,420 | 70013 | 1,453 | 70014 | 1,453 |
| Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(4) | 70015 | 832 | 70016 | 1,131 | 70017 | 1,386 | 70018 | 1,386 | 70019 | 1,386 |
Regulation 9(1)
| (1) | (2) | (3) |
|---|---|---|
| Description of document | Fee No. | Amount of fee (£) |
| (A) ECE REGULATIONS | ||
| Type approval certificate | 80000 | 36 |
| Type approval certificate modifying a type approval certificate | 80001 | 75 |
| (B) COMMUNITY INSTRUMENTS | ||
| Type approval certificate | 80002 | 36 |
| Issuing of amended pages and index sheet of an information package in accordance with the first indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary | 80003 | 36 |
| Issuing of an amended type approval certificate together with amended pages and index sheet of information package in accordance with the second indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary | 80004 | 75 |
| (C) NATIONAL TYPE APPROVAL SCHEME | ||
| Type approval certificate | 80005 | 36 |
| Minister’s approval certificate under section 58(1) | 80006 | 36 |
| (D) DUPLICATE | ||
| Duplicate type approval, Minister’s approval, EEC or ECE type approval certificate | 80007 | 47 |
| (E) LETTERS OF COMPLIANCE OR NO CONCERN | ||
| Acknowledgement at the request of the holder: | 80008 | 36 |
(i)that its type approved products are recognised as being tested and in conformity with the type approval standards and are suitable for use on roads in this country; or | ||
(ii)that, notwithstanding a departure from the particulars specified in a type approval, Minister’s approval, EEC or ECE type approval certificate, or in a related information document, an application for an extension, variation or substitution of those documents is considered to be unnecessary | ||
| NB Where both EEC and ECE certificates are issued concurrently in respect of the same vehicle part, the total fee for two certificates shall be one and a half times Nos 80000, 80001, 80002, 80003 or 80004 above as appropriate. | ||
Regulation 9(2), (3) and (4)
| (1) | (2) | (3) |
|---|---|---|
| Description of document | Fee No. | Amount of fee (£) |
| (A) TYPE APPROVAL CERTIFICATES | ||
| Type approval certificate in respect of a type vehicle not being issued in replacement of one or more Minister’s approval certificates | 80011 | 527 |
| Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates | 80012 | 78 |
| Duplicate type approval certificate | 80013 | 47 |
| (B) MINISTER'S APPROVAL CERTIFICATES | ||
| Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is not a low volume type approval vehicle | 80014 | 300 |
| Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is not a low volume type approval vehicle | 80015 | 0.33 |
| Duplicate Minister’s approval certificate for a vehicle which is not a low volume type approval vehicle | 80016 | 47 |
| (C) LOW VOLUME MINISTER'S APPROVAL CERTIFICATES | ||
| Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is a low volume type approval vehicle | 80017 | 300 |
| Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is a low volume type approval vehicle | 80018 | 1.11 |
| Duplicate Minister’s approval certificate for a vehicle which is a low volume type approval vehicle | 80019 | 47 |
| (1) | (2) | (3) |
|---|---|---|
| Description of document | Fee No. | Amount of fee (£) |
| (A) TYPE APPROVAL CERTIFICATES | ||
| Type approval certificate in respect of a type vehicle consisting of 50 or less variants | 80030 | 191 |
| Type approval certificate in respect of a type vehicle consisting of more than 50 variants | 80031 | 227 |
| Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates | 80032 | 78 |
| Further type approval certificate issued in replacement of a certificate issued under section 55(4) | 80033 | 78 |
| Duplicate type approval certificate | 80034 | 47 |
| (B) MINISTER'S APPROVAL CERTIFICATES | ||
| Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle | 80035 | 114 |
| Minister’s approval certificate under section 58(1) when issued after a partial examination of a vehicle | 80036 | 78 |
| Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle | 80037 | 0.65 |
| Duplicate Minister’s approval certificate for a vehicle | 80038 | 47 |
| (1) | (2) | (3) |
|---|---|---|
| Description of document | Fee No. | Amount of fee (£) |
| Type approval certificate issued in accordance with article 4(1)(a) of the Framework Directive | 80050 | 71 |
| Duplicate of a type approval certificate which was issued in accordance with article 4(1)(a) of the Framework Directive | 80051 | 47 |
| Issue of amended pages and index sheet of an information package in accordance with the first indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary | 80052 | 36 |
| Issue of an amended type approval certificate together with amended pages and index sheet of an information package in accordance with the second indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary. | 80053 | 71” |
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 (“the 1999 Regulations”) which prescribe the fees payable for the examination of vehicles and vehicle parts, the examination of complete vehicles and the issue of documents in connection with the type approval (both European and National) of vehicles and vehicle parts.
Regulation 3 replaces the existing definition of “Framework Directive” in regulation 3(2) of the 1999 Regulations. The new definition encompasses the further amendments that have been made to Council Directive 70/156/EEC (on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers) by Directives 2003/97/EC (OJ No. L25, 29.1.2004, p.1), 2004/03/EC (OJ No. L49, 19.2.2004, p.36) and 2004/78/EC (OJ No. L153, 30.4.2004, p.100).
The other changes relate to the fee amounts. Regulations 4, 5 and the Schedule provide for an average increase of 2% (over the amounts set out in The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2003 (S.I. 2003/2258) in respect of the fees payable. This is with the exception of fee no. 60026 set out in part III of new Schedule 1, which remains unchanged at £25.
Regulations 6, 7 and 8 amend Schedule 5 to the 1999 Regulations so as to take account of new or amended ECE Regulations and Community Instruments. (The terms “ECE Regulations” and “Community Instruments” are defined in regulation 3(2) of the 1999 Regulations.)
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business beyond an increase in fees in line with inflation.
Copies of the ECE Regulations and Community Instruments referred to in these Regulations may be obtained from the Stationery Office.
1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), section 83 and Schedule 8.
S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant references in S.I. 1988/643 are Table II and paragraph 4 of Table III of Schedule 1. S.I. 1988/643 was amended by S.I. 1996/1961; there are other amending instruments but none is relevant.
S.I. 1999/2149, amended by S.I. 2003/2258.
OJ No. L42, 23.2.1970, p.1.
OJ No. L153, 30.4.2004, p.100.