Motor Vehicles (EC Type Approval) Regulations 1998
| Jurisdiction | UK Non-devolved |
1998 No. 2051
ROAD TRAFFIC
The Motor Vehicles (EC Type Approval) Regulations 1998
Made 19th August 1998
Laid before Parliament 1st September 1998
Coming into force 23th September 1998
The Secretary of State for the Environment, Transport and the Regions, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722for the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme, in exercise of the powers conferred by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
PART I
PRELIMINARY
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Motor Vehicles (EC Type Approval) Regulations 1998 and shall come into force on 23rd September 1998.
(2) These Regulations extend to Northern Ireland.
Revocation
2. The Regulations specified in Schedule 3 are revoked to the extent specified in the third column of that Schedule.
Interpretation
3.—(1) In these Regulations—
“the 1981 Order” means the Road Traffic (Northern Ireland) Order 19813;
“the 1988 Act” means the Road Traffic Act 19884;
“the 1980 Regulations” means the Motor Vehicles (Type Approval) Regulations 19805;
“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 19846;
“the 1985 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland 19857;
“the 1987 Regulations” means the Motor Vehicles (Type Approval) (EEC) Regulations (Northern Ireland) 19878;
“the 1994 Act” means the Vehicle Excise and Registration Act 19949;
“the Framework Directive” means Council Directive 70/156/EEC10as amended by Council Directives 87/403/EEC11, and 92/53/EEC12and Commission Directives 93/81/EEC13and 98/14/EC14;
“EC certificate of conformity” means any certificate of conformity issued by a manufacturer—
(a) under regulation 5 of these Regulations, or
(b) under any provision of the law of a Member State other than the United Kingdom giving effect to Article 6 of the Framework Directive;
“EC type approval” means—
(a) vehicle type approval for a light passenger vehicle granted pursuant to the Framework Directive (an “EC vehicle type approval”), or
(b) system, component or separate technical unit type approval granted pursuant to a separate Directive (an “EC system, component or separate technical unit type approval”),
and references to an application for EC type approval and other cognate expressions shall be construed accordingly;
“EC type approval certificate” means a type approval certificate issued—
(a) by the Secretary of State under regulation 4(5) of these Regulations, or
(b) under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive;
“light passenger vehicle” has the meaning given in section 85 of the 1988 Act; and
“separate Directive” means a Directive specified in the second column of an item in Schedule 1 to these Regulations as read with Directives (if any) specified in the third column of that item.
(2) Other expressions used in these Regulations which are also used in the Framework Directive shall have the same meaning as in the Framework Directive and cognate expressions shall be construed accordingly.
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations,
(b)
(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and
(c)
(c) a numbered Schedule is a reference to the Schedule so numbered in these Regulations.
PART II
EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE
Applications for grant or amendment of EC type approval
4.—(1) An application for an EC type approval may be made to the Secretary of State.
(2) Such an application shall be—
(a)
(a) in writing, and
(b)
(b) accompanied by—
(i) the documents required by Article 3 of the Framework Directive, and
(ii) where appropriate, the documents referred to in Article 2(10) of Directive 98/14/EC15.
(3) An application by the holder of an EC type approval for the approval to be amended shall be made in writing to the Secretary of State.
(4) Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.
(5) Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
(6) Such a certificate shall be in the form required by the Framework Directive or the relevant separate Directive (as the case may be).
(7) The Secretary of State may grant an EC component or separate technical unit type approval subject to restrictions on the use of, or conditions as respects the fitting of, a component or separate technical unit (as the case may be) of the type to which the approval relates, and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
(8) The Secretary of State may refuse to grant an EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulations 5, 6 and 7.
(9) The Secretary of State may refuse to grant an EC system, component or separate technical unit type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulation 6 or 8.
(10) Without prejudice to paragraphs (8) and (9), the Secretary of State shall make any decision under this regulation in accordance with the Framework Directive and any relevant separate Directives and in particular the requirement of the Framework Directive that a Member State granting EC type approval shall ensure that adequate arrangements have been made to ensure that production vehicles, systems, components and separate technical units conform to the EC approved type.
EC certificates of conformity and approval marks
5.—(1) The holder of an EC vehicle type approval granted by the Secretary of State shall comply with the requirements of Articles 5, 6(1) (holders to issue certificates of conformity) and Annex XIIB (End-of-Series Limits) of the Framework Directive.
(2) The holder of an EC vehicle type approval granted by the Secretary of State shall keep a record in respect of each EC certificate of conformity issued by him of—
(a)
(a) the serial number of the certificate,
(b)
(b) the vehicle identity number of the vehicle to which the certificate relates, and
(c)
(c) the Community reference numbers of the Directives with which the vehicle conformed,
and shall retain all such records for 10 years or such lesser period as the Secretary of State may from time to time agree.
(3) The holder of an EC type approval granted by the Secretary of State for component or separate technical unit shall comply with the requirements of Article 6(3) (holders to affix mark) of the Framework Directive.
Tests and associated checks
6. Where the holder of an EC type approval granted by the Secretary of State has given an undertaking to the Secretary of State as to the carrying out at specified intervals of tests or associated checks to verify conformity of production, the holder shall unless otherwise agreed by the Secretary of State—
(a) comply with the undertaking, and
(b) keep a record of the results obtained from such tests and associated checks and retain the records for 10 years or such lesser period as the Secretary of State may from time to time agree.
Duty to co-operate with the Secretary of State
7. The holder of an EC type approval granted by the Secretary of State shall permit the Secretary of State to carry out the obligations of the United Kingdom in relation to the approval under Article 10(2) of the Framework Directive or any similar provision under a separate Directive and shall co-operate with any person acting on behalf of the Secretary of State in connection with those obligations.
Information concerning restrictions on the use of components and separate technical units
8.—(1) This regulation applies where an EC component or separate technical unit type approval has, pursuant to regulation 4(7), been granted by the Secretary of State subject to restrictions or conditions.
(2) The holder shall not, in the course of supplying a component or separate technical unit manufactured by him and bearing an approval mark relating to that approval, deliver the component or separate technical unit unless it is accompanied by a document setting out the restrictions or conditions.
Withdrawal or suspension of EC type approval
9.—(1) In this regulation a reference to a failure to conform to an EC type approval shall be construed in accordance with Article 11(1) of the Framework Directive.
(2) If the Secretary of State, after an examination has been carried out on his behalf of two or more—
(a)
(a) light passenger vehicles associated with a single EC vehicle type approval granted by him, or
(b)
(b) components or separate technical units, being components or separate technical units associated with a single EC component or separate technical unit type approval granted by him,
is satisfied that there has been a failure to conform to the approved type for each of those vehicles or, as the case may be...
To continue reading
Request your trial