The Road Vehicles (Individual Approval) (Fees) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Road Vehicles (Approval) Regulations 2009 (“the Approval Regulations”) implement Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ No L 263, 9.10.2007, p1).

These Regulations prescribe the fees payable in accordance with applications, appeals and the issue of documents in respect of individual approval, which are made in accordance with the Approval Regulations.

Regulation 2 defines the terms used in these Regulations, cross referring as applicable to the appropriate provisions in the Approval Regulations. The definition “ACS vehicle” covers particular categories of vehicle as described in paragraphs 6, 8 and 9 of Part 1 of Schedule 5 to the Approval Regulations. These vehicle categories are amateur built vehicles, vehicles manufactured using parts of a registered vehicle and rebuilt vehicles.

Regulations 4 and 5 prescribe the fees for an original and further application. Those fees are set out in the following Table.

Table

Nature of application	Original application fee (£)	Further application fee (£)
M1 or N1 vehicle (but not an ACS vehicle)	199	40
M1 or N1 vehicle (where the vehicle is an ACS vehicle)	450	90
M2 vehicle	250	50
M3 vehicle	360	72
N2 or N3 vehicle	230	46
O1 or O2 vehicle	70	14
O3 or O4 vehicle	145	29
A vehicle which is type approved or individually approved by another Member State	100	25
Out of hours supplement	95	19

Regulation 6 sets out the requirements for which no fee will be payable in respect of a further application where a vehicle will be further examined before the end of the fifth day after the original examination.

Regulation 7 prescribes a fee of £100 in the circumstances specified which result in the non submission of a vehicle for examination but where notification of the vehicle non submission has been given to the approval authority. The balance of any sum previously paid in respect of the application shall be repaid unless another time is arranged for that examination.

Regulation 8 prescribes the fees for an appeal against the refusal of an original or further application. The fees payable shall be the same amount as the amount payable for an original application.

Regulation 9 prescribes a fee of £100 in the circumstances specified which result in the non submission of a vehicle for an appeal examination. The balance of any sum previously paid in respect of the appeal shall be repaid unless another time is arranged for that examination.

Regulation 10 prescribes the fees in the circumstances where the approval authority has not received prior notification of the fact that vehicle will not be submitted for examination as being the amounts prescribed by regulations 4(1), (2) or (3) or 8. Where the applicant has paid the fee in advance that amount will be retained by the approval authority. Otherwise the applicant shall pay the prescribed fee to the approval authority as it so directs.

Regulation 11 prescribes a fee of £25 for a replacement certificate.

Regulation 12 prescribes a fee of £1.10 in respect of a type approved vehicle which has been the subject of minor modification before its first registration.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Transport Technology and Standards Division, Department for Transport, Zone 2/01, Great Minister House, 76 Marsham Street, London, SW1P 4DR (telephone number: 020 7944 8300); or may be accessed via the Department’s website at www.dft.gov.uk. A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

A copy of the Regulations referred to in these Regulations may be obtained from the Stationery Office (telephone: [phone], website www.tsoshop.co.uk).

A copy of Directive 2007/46/EC may be obtained from the Stationery Office or viewed in the Official Journal of the European Union via the EU website at www.europa.eu.int/eur-lex.