The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) (“the 2019 Regulations”). These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies, and to give effect to the United Kingdom’s obligations under the protocol on Ireland/Northern Ireland to the EU withdrawal agreement (“the Protocol”).

The 2019 Regulations made temporary amendments to legislation in the field of type approval for road vehicles and non-road mobile machinery and, in particular, provide for an interim arrangement allowing the Secretary of State, or Northern Ireland Department, to issue type approval certificates to holders of EU type approval granted other than in the United Kingdom and (in respect of road vehicles) for those type approval certificates to be the basis for the issue of certificates of conformity used for the purposes of vehicle registration. These interim arrangements are to have effect for a period of two years.

These Regulations amend the interim arrangements, following the inclusion of the relevant EU Type Approval legislation in Annex 2 to the Protocol, so that they continue to operate effectively Great Britain and also to allow vehicles which are qualifying Northern Ireland goods to be registered in Great Britain.

The 2019 Regulations are also amended to allow various engines, components and technical units within scope of the type approval legislation to be entered into service or placed on the market in Great Britain if they comply with the relevant legislative requirements as they apply in member States or Northern Ireland. These arrangements will also have effect for a period of two years.

These Regulations also make necessary consequential amendments to other related legislation.

These Regulations also amend Commission Regulation (EU) 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers (OJ L. No 353 21.12.20012, p.31). This amendment is to allow for the type approval in Great Britain of vehicles within scope of that Regulation which have a height exceeding 4 metres.

The net costs on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.