The Road Vehicles (Approval) Regulations 2020

Amendment of the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

39.—(1) The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2—

(a) in paragraph (2)—

(i) in sub-paragraph (a), in the new subsection (1C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after paragraph (a), insert—

“(aa) an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;

(ii) in sub-paragraph (e), in the new subsection (9) inserted by that sub-paragraph, after paragraph (a), insert—

“(aa) the road vehicles type approval Regulation,”;

(b) in paragraph (3)(a), in the new subsection (1ZB) inserted by that sub-paragraph—

(i) after paragraph (a), insert—

“(aa) a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;

(ii) in paragraph (d), after “that law,”, insert “Article 36,”;

(c) in paragraph (5)—

(i) for sub-paragraph (a), substitute—

“(a) in paragraph (a)—

(i) in sub-paragraph (iv), omit “other than the United Kingdom”;

(ii) in sub-paragraph (v), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”;

(ii) for sub-paragraph (d), substitute—

“(d) in paragraph (d)—

(i) in sub-paragraph (ii), omit “other than the United Kingdom”;

(ii) in sub-paragraph (iii), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”.

(3) In regulation 3—

(a) in paragraph (2), in sub-paragraph (b), in the new definition of “relevant UK certificate” to be inserted into subsection (8), after paragraph (c), insert—

“(ca) a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”;

(b) in paragraph (3), in the new section 22B to be inserted by that paragraph, in subsection (4), in the definition of “relevant UK certificate”, after paragraph (c), insert—

“(ca) a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”.

(4) In regulation 5(2)—

(a) in sub-paragraph (a), in the new paragraph (2C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after sub-paragraph (a), insert—

“(aa) an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;

(b) in sub-paragraph (b), in the new paragraph (3B) inserted by that sub-paragraph—

(i) after paragraph (a), insert—

“(aa) a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;

(ii) in paragraph (d), after “that law,”, insert “Article 36,”;

(c) in sub-paragraph (d)(ii)—

(i) for sub-paragraph (aa), substitute—

“(aa) in paragraph (a)—

(i) in sub-paragraph (iv), omit “other than the United Kingdom”;

(ii) in sub-paragraph (v), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”;

(ii) for sub-paragraph (dd), substitute—

“(dd) in paragraph (d)—

(i) in sub-paragraph (ii), omit “other than the United Kingdom”;

(ii) in sub-paragraph (iii), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”.

(d) in sub-paragraph (d)(iii), in the new definition of “European type approval requirements” inserted by that sub-paragraph, after sub-paragraph (a), insert—

“(aa) the road vehicles type approval Regulation,”.

(5) Omit regulation 6.

(6) After regulation 10, insert—

“Amendment of Regulation (EU) 2018/858

10ZA.— (1) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles is amended as follows.

(2) In Article 3 (definitions), after point (58), insert—

“References in this Regulation to Member States are to be read (insofar as is possible) as including the United Kingdom.”.

(3) During the period beginning with IP completion day and ending with the 31st December next following the end of the relevant period, the table in paragraph 2 of Annex V is to be read as though—

(a) the figures shown in the “Units” column of that table corresponding to “Category” M₁ and N₁ were “1000”; and

(b) each of the remaining figures shown in the “Units” column of that table were multiplied by a factor of two.

(4) In paragraph (3), the “relevant period” means the period of six months beginning with the day on which IP completion day falls.”.

(1)

S.I. 2019/648, as amended by S.I. 2019/691 and 1156.