The Road Vehicles (Approval) Regulations 2020

Consent to supply of large trailers for use on a road U.K.

23.—(1) A final supplier who intends to supply for use on a road a large trailer which is a relevant vehicle must first—

(a) notify the approval authority of that intention,

(b) furnish the approval authority with pertinent information about the trailer, and

(c) obtain the consent of the approval authority to the supply of the trailer for such use.

(2) Paragraph (1) does not apply if the trailer has previously been supplied by a final supplier for use on a road.

(3) The approval authority must give consent for the purposes of paragraph (1)(c) if—

(a) the principal conditions are satisfied, or

(b) when the alternative conditions apply, those conditions are satisfied.

(4) The “principal conditions” are that—

(a) an appropriate approval or certificate of conformity has effect with respect to the trailer,

(b) where the application for consent is in consequence of the importation of the trailer from a place outside the United Kingdom, any value added tax or customs duty charged on or arising from its removal into the United Kingdom has been paid or remitted (or the approval authority is satisfied that it will be paid or remitted), and

(c) there is otherwise no lawful reason (whether or not arising from a breach of these Regulations) for refusing to give consent.

(5) Schedule 3—

(a) states when the alternative conditions apply, and

(b) prescribes those conditions.

(6) Before giving consent for the purposes of paragraph (1)(c), the approval authority may—

(a) undertake an inspection of the trailer (or arrange for such an inspection to be undertaken), and

(b) carry out such tests on the trailer as the authority thinks fit (or arrange for such tests to be carried out).

(7) Where the approval authority refuses to give consent under this regulation, the refusal must be accompanied by notice of that fact.

(8) In this regulation—

[F1 “appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle—

(a)

where the trailer is to be kept, or normally kept at a place in Great Britain—

(i)

a certificate of conformity issued under regulation 16(7) relating to—

(aa)

a GB small series type-approval,

(bb)

a UK (NI) national small series type-approval, or

(cc)

a national small series type approval issued by the Secretary of State before IP completion day,

(ii)

an individual vehicle approval issued under regulation 18(10) of these Regulations, whether that approval—

(aa)

is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)

is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)

a GB certificate of conformity issued in relation to a GB type-approval,

(iv)

an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998, the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(v)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as that directive was implemented in the law of that member State, provided that the trailer to which the approval relates—

(aa)

was in the United Kingdom before 1st January 2023, or

(bb)

is a qualifying Northern Ireland good, or

(vi)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

(b)

where the trailer is to be kept or normally kept in Northern Ireland—

(i)

a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

(ii)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State,]

“relevant vehicle” means trailers of category O to which the Type Approval Regulation applies M1 .

Textual Amendments

F1 Words in reg. 23(8) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 15(2)(a)

Commencement Information

I1 Reg. 23 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M1 See Article 2 of that Regulation.