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Regulation (EC) No 78/2009 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (Text with EEA relevance)
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- Revised 01/07/20130.86 MB
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Changes over time for: Article 9
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Regulation (EC) No 78/2009 of the European Parliament and of the Council, Article 9 is up to date with all changes known to be in force on or before 05 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 9:
- Regulation power to amend conferred by 2024 c. 10 s. 91
Article 9U.K.Timetable for application to vehicles
1.With effect from the date set out in the second paragraph of Article 16, [F1the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F2GB type-approval]F3..., in respect of the following new vehicle types:
(a)category M1 which do not comply with the technical provisions set out in Section 4 of Annex I;
(b)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 2 or Section 3 of Annex I;
(c)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Sections 2 and 4 or Sections 3 and 4 of Annex I.
2.With effect from 24 February 2011, [F4the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F5Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation:
(a)vehicles of category M1;
(b)vehicles of category N1 derived from M1 and of maximum mass not exceeding 2 500 kg.
3.With effect from 24 February 2013, [F6the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F2GB type-approval]F7..., in respect of the following new vehicle types:
(a)category M1 of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)category N1 derived from M1 and of maximum mass not exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I.
F84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.With effect from 24 February 2015, [F9the approval authority] shall refuse, on grounds relating to pedestrian protection, to grant [F2GB type-approval]F10... in respect of the following new vehicle types:
(a)category M1 of maximum mass exceeding 2 500 kg which do not comply with the technical provisions set out in Section 3 of Annex I;
(b)category N1 which do not comply with the technical provisions set out in Sections 3 and 4 of Annex I.
6.With effect from 24 August 2015, [F11the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F12Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of new category N1 vehicles which do not comply with the technical provisions set out in Section 4 of Annex I to this Regulation.
7.With effect from 24 February 2018, [F13the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F14Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)category M1 of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)category N1 derived from M1, and of maximum mass not exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
8.With effect from 24 August 2019, [F15the Secretary of State] shall, on grounds relating to pedestrian protection, consider the certificates of conformity to be no longer valid for the purposes of [F16Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of the following new vehicles:
(a)category M1 of maximum mass exceeding 2 500 kg, which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation;
(b)category N1 which do not comply with the technical provisions set out in Section 3 of Annex I to this Regulation.
9.Without prejudice to paragraphs 1 to 8 of this Article and subject to the entry into force of the measures adopted pursuant to Article 4(6), if a manufacturer so requests, [F17the approval authority] shall not, on grounds relating to pedestrian protection, refuse to grant [F2GB type-approval]F18... for a new type of vehicle or prohibit the registration, sale or entry into service of a new vehicle, where the vehicle concerned complies with the technical provisions set out in Sections 3 or 4 of Annex I.
Textual Amendments
F1Words in Art. 9(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(b)(i)
F2Words in Art. 9 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(a)
F3Words in Art. 9(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(b)(ii)
F4Words in Art. 9(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(c)(i)
F5Words in Art. 9(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(c)(ii)
F6Words in Art. 9(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(d)(i)
F7Words in Art. 9(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(d)(ii)
F8Art. 9(4) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(e)
F9Words in Art. 9(5) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(f)(i)
F10Words in Art. 9(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(f)(ii)
F11Words in Art. 9(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F12Words in Art. 9(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F13Words in Art. 9(7) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F14Words in Art. 9(7) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F15Words in Art. 9(8) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(i)
F16Words in Art. 9(8) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(g)(ii)
F17Words in Art. 9(9) substituted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(h)(i)
F18Words in Art. 9(9) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 50(10)(h)(ii)
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