The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019
Jurisdiction | UK Non-devolved |
Citation | SI 2019/648 |
Year | 2019 |
- “(1A) Where the Secretary of State is satisfied on application made to the Secretary of State by the manufacturer of a vehicle of a class to which relevant regulations apply—
- (a) that the manufacturer holds in respect of that vehicle a valid relevant European approval, and
- (b) that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted, the Secretary of State may approve that vehicle as a type vehicle.
- “relevant European approval” means—
- (a) an EC type-approval certificate, as defined in Article 3(34) of the road vehicles type approval Directive,
- (aa) F19an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,
- (b) an EU type-approval certificate, as defined in Article 3(32) of the tractor type approval Regulation, or
- (c) an EU type-approval certificate, as defined in Article 3(5) of the motorcycle type approval Regulation,
- “relevant regulations” means—
- (a) regulations made under section 54 of this Act, or
- (b) regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of components of vehicles, or in relation to any vehicle type-approval scheme.
- (2A) If the type approval certificate is issued following approval under subsection (1A) , the certificate is to remain in force for a period of two years beginning with the day of issue (unless cancelled or suspended under section 56) .
- (4) Subject to subsection (6) below, a type approval certificate may be issued for a type vehicle where the Secretary of State is satisfied that—
- (a) one or more, but not all, of the relevant type approval requirements, or
- (b) one or more, but not all, of the relevant European type approval requirements, are complied with in the case of that vehicle.
- (9) In this section, “European type approval requirements” means requirements prescribed in—
- (a) regulations made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles, or of components of vehicles, or in relation to any vehicle type-approval scheme,
- F20(aa) the road vehicles type approval Regulation,
- (b) the tractor type approval Regulation, or
- (c) the motorcycle type approval Regulation.
- “(1ZA) If a manufacturer has a type approval certificate issued by the Secretary of State following approval under section 55(1A) , a relevant European certificate of conformity issued by the manufacturer in respect of each vehicle that conforms to the type vehicle in question is to be treated as a certificate issued under subsection (1) .
- (1ZB) In subsection (1ZA) “relevant European certificate of conformity” means—
- (a) a certificate of conformity issued before F32IP completion day by a manufacturer under any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive,
- F21(aa) a certificate of conformity issued before F32IP completion day under Article 36 the road vehicles type approval Regulation,
- (b) a certificate of conformity issued before F32IP completion day under Article 33 of the tractor type approval Regulation, or
- (c) a certificate of conformity issued before F32IP completion day under Article 38 of the motorcycle type approval Regulation, or
- (d) a certificate of conformity issued on or after F32IP completion day under that law, F22Article 36, Article 33 or Article 38 as it has effect at that time.
- “(3) Where by virtue of section 57(4) of this Act a certificate of conformity issued in respect of a vehicle relates to—
- (a) one or more, but not all, of the relevant type approval requirements, or
- (b) one or more, but not all, of the relevant European type approval requirements, the Secretary of State may issue in respect of that vehicle a Minister's approval certificate relating to one or more of the other relevant type approval requirements or (as the case may be) one or more of the other relevant European type approval requirements.
- (8) In this section, “European type approval requirements” has the same meaning as in section 55.
To continue reading
Request your trial