The Road Vehicles (Approval) Regulations 2020

Review of decisions U.K.

8.—(1) All decisions taken pursuant to the Type Approval Regulation and all decisions refusing or withdrawing type approval, refusing registration, prohibiting or restricting the placing on the market, registration or entry into service of a vehicle or requiring withdrawal of a vehicle from the market must be given by notice in writing (“a relevant notice”) and state—

(a) in detail the reasons on which they are based,

[F1 (b) the remedies available to the party concerned—

(i) where the application is made in respect of Great Britain, under the laws in force in Great Britain;

(ii) where the application is made in respect of Northern Ireland, under the laws in force in Northern Ireland,] and

(c) the time limits allowed for the exercise of such remedies.

(2) Where the approval authority has given a person a relevant notice, that person may apply to the approval authority for a reconsideration of the decision given in that notice.

(3) An application under paragraph (2) must—

(a) be made within the period of 28 days beginning on the date when the relevant notice is received, and

(b) state the reasons for making the application and be accompanied by such further evidence as the person believes supports those reasons.

(4) The approval authority may—

(a) request evidence in support of the application,

(b) after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the application.

(5) The approval authority must as soon as reasonably practicable—

(a) give written notification to the applicant stating whether the decision is confirmed, amended or reversed, and

(b) if the decision is reversed or amended, take the appropriate action in respect of the revised decision.

(6) An applicant aggrieved by the approval authority's notification under paragraph (5) may by notice request the approval authority to appoint an independent assessor to review the decision to which the relevant notice relates.

(7) A request under paragraph (6) must—

(a) be made not later than 28 days after receipt of the approval authority's notification under paragraph (5), and

(b) state the reasons for the request.

(8) As soon as reasonably practicable after the date of receipt of the request under paragraph (6), the approval authority must—

(a) appoint a person to act as assessor or, at the authority's discretion, not more than three persons to act as an assessment panel, and

(b) notify the applicant of the appointment.

(9) The independent assessor or assessment panel may—

(a) request further evidence in support of the request for review;

(b) after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the request for review.

Textual Amendments

F1 Reg. 8(1)(b) substituted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 7A(3) (with reg. 11) (as inserted by S.I. 2020/1393, regs. 1(2), 2(6) (with reg. 2(12)))

Commencement Information

I1 Reg. 8 in force at 1.9.2020, see reg. 1(b)