The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/1959

2003 No. 1959

ROAD TRAFFIC

The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003

Made 31th July 2003

Laid before Parliament 31th July 2003

Coming into force 8th August 2003

The Secretary of State for Transport, in exercise of the powers conferred by sections 54, 60, 61, 63 and 66 of the Road Traffic Act 19881and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 and shall come into force on 8th August 2003.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

Directive 92/61/EEC” means Council Directive 92/61/EECrelating to the type-approval of two or three-wheel motor vehicles2as amended by Directive 2000/7/ECof the European Parliament and of the Council3;

Directive 93/34/EEC” means Council Directive 93/34/EECon statutory markings for two or three-wheel motor vehicles4as amended by Commission Directive 1999/25/EC5;

Directive 2002/24/EC” means Directive 2002/24/ECof the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EC6;

“the 1988 Act” means the Road Traffic Act 1988;

“the 1994 Act” means the Vehicle Excise and Registration Act 19947;

“appeal” means an appeal under section 60 of the 1988 Act in respect of the determination of an application;

“application” means an application (whether an original application or a further application) under regulation 5 of these Regulations for the issue of a Minister’s approval certificate under section 58 of the 1988 Act;

“approval requirements” means the requirements as to the design, construction, equipment and marking of vehicles prescribed for the purpose of section 54 of the 1988 Act by regulation 4(1) of these Regulations;

“axle weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations;

“conformity certificate” means—

(a) a type approval certificate issued pursuant to Directive 92/61/EEC or Directive 2002/24/EC;

(b) a communication issued pursuant to an ECE Regulation, or under the law of any State in which that Regulation has effect, indicating that a vehicle or part of a vehicle conforms to that Regulation; or

(c) an EC certificate of conformity;

“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 19868;

“cm3” means cubic centimetres;

“diesel moped” means a three-wheel vehicle fitted with an internal combustion engine other than of the spark (positive) ignition type the maximum net power output of which does not exceed 4 kW being a moped within the meaning of the second indent of Article 1.2(a)(ii) of Directive 2002/24/EC;

“driver” includes the rider and controller of a vehicle and “drive ” shall be construed accordingly;

“electric moped” means a vehicle fitted with an electric motor being a moped within the meaning of the second indent of Article 1.2(a)(i) or the third indent of Article 1.2(a)(ii) of Directive 2002/24/EC;

“examination” means an examination for the purposes of an application or a re-examination for the purposes of an appeal and “examiner” means the person carrying out an examination;

“48 km/h moped” means a vehicle which—

(a) has a maximum design speed not exceeding 48 km/h and would be a moped within the meaning of the first indent of Article 1.2 of Directive 92/61/EEC save that it has a maximum design speed exceeding 45 km/h; and

(b) is manufactured before these Regulations come into force;

“further application” means an application made in accordance with regulation 5(6) of these Regulations;

“gross weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations;

“km/h” means kilometres per hour;

“kW” means kilowatts;

“the Lighting Regulations” means the Road Vehicles Lighting Regulations 19899;

“mm” means millimetres;

“original application” means an application made in accordance with regulation 5(1) to (3) of these Regulations, not being a further application;

“part”, in relation to a vehicle, includes a system, a separate technical unit and a component;

“relevant vehicle” means a vehicle to which these Regulations apply by virtue of regulation 3;

“Schedule 1 vehicle” means a vehicle falling within Schedule 1;

“system” means a system as defined in Article 2.4 of Directive 2002/24/EC; and

“350kg quadricycle” means a vehicle within the meaning of Article 1.3(a) of Directive 2002/24/EC the unladen mass of which is—

(a) in the case of an electric vehicle, 350 kilogrammes excluding the mass of its batteries; and

(b) in the case of any other vehicle, 350 kilogrammes.

(2) Other expressions used in these Regulations which are also used in Directive 92/61/EEC shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.

(3) A reference in Schedule 2 to these Regulations to a Community Directive as amended by another Directive is a reference to that Directive as amended by that other Directive and by Community instruments dated prior to the date of that other Directive.

(4) A reference in any provision of these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.

(5) Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations other than item 6 of Schedule 2 as they apply for the purposes of the Construction and Use Regulations other than regulations 26 and 27.

(6) For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it was first assembled on or after that date, even if it included one or more parts which were manufactured before that date.

(7) In these Regulations “ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 195810as amended11to which the United Kingdom is a party12and—

(a)

(a) a reference to an ECE Regulation followed by a two or three digit number which is not itself followed by a two digit number (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which follows that reference;

(b)

(b) a reference to an ECE Regulation followed by a two or three digit number which is itself followed by a full-stop and a two digit number (for example “ ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of the first number as amended by the amending series represented by the second number.

2 APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES

PART II

APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES

S-3 Application

Application

3.—(1) Subject to paragraph (2) these Regulations apply to diesel mopeds, electric mopeds, 48 km/h mopeds, mopeds, motor cycles, motor tricycles, quadricycles and 350kg quadricycles.

(2) These Regulations do not apply to—

(a)

(a) any diesel moped, electric moped or 350kg quadricycle which is manufactured before 9th November 2003;

(b)

(b) any 48 km/h moped; or

(c)

(c) vehicles of a description referred to in the second paragraph of Article 1(1) of Directive 2002/24/EC as being those to which the Directive does not apply.

S-4 Approval requirements

Approval requirements

4.—(1) Subject to the following provisions of this regulation, the approval requirements applicable to a relevant vehicle are the requirements set out or referred to in column 3 of the Table in Schedule 2.

(2) The requirements set out or referred to in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.

(3) An entry in column 4 of an item in the Table in Schedule 2 shall have effect for the purpose of interpreting or otherwise supplementing the entries in that item and, for convenience, expressions that are defined in that column are printed in bold type.

(4) Where in relation to an item in the Table in Schedule 2 two or more instruments or other documents are specified in column 3 as alternatives (being instruments or documents containing substantially similar requirements) the requirements prescribed by paragraph (1) shall be the requirements contained in either or any of those instruments or documents.

(5) Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and none to any Directive amending that Directive and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—

(a)

(a) the base Directive has, before the date these Regulations come into force, been amended by another Directive (“an amending Directive”); and

(b)

(b) the vehicle would comply with that item were there substituted for that reference a reference to the base Directive as amended by an amending Directive.

(6) Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and to a Directive amending that Directive (“ an amending Directive”) and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—

(a)

(a) the base Directive has, before the date these Regulations come into force, been amended by a Directive subsequent to the amending Directive (“a subsequent amending Directive”); and

(b)

(b) the vehicle would comply with that item...

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