Defeat devices14A

1

For the purposes of articles 19 and 76 of the Motorcycles Regulation, “use of a defeat device” is where a vehicle manufactured by a person—

a

is placed on the market or registered in the United Kingdom; and

b

that vehicle is fitted with a defeat device.

2

A separate offence under article 19 of the Motorcycles Regulation is committed in respect of each such vehicle placed on the market or registered.

3

Where, following examination of vehicles associated with a single vehicle type approval, the enforcement authority is satisfied that two or more of those vehicles—

a

are vehicles for which a certificate of conformity has been issued in respect of that approval; and

b

are fitted with a defeat device,

each vehicle associated with that single vehicle type approval is to be taken to be similarly fitted with a defeat device unless proved otherwise by the manufacturer.

4

In paragraph (3), a vehicle is associated with a vehicle type approval if a certificate of conformity relating to that type approval has been issued in respect of that vehicle.

5

In this regulation—

• “placed on the market” means supplying or making available, whether in return for payment or free of charge, to a third party, and includes exposure for sale to a third party;

• “registered” means registered pursuant to section 21 of the Vehicle Excise and Registration Act 1994 M1.