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Road Traffic (Northern Ireland) Order 1981

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Road Traffic (Northern Ireland) Order 1981, Section 31E is up to date with all changes known to be in force on or before 19 January 2020. 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. Help about Changes to Legislation

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[F1Offences, etc., relating to type approvalN.I.

31E.(1) If any person at any time on or after the day appointed by regulations made by the Department uses or causes or permits to be used on a road a motor vehicle in relation to which type approval requirements prescribed by those regulations apply or a motor vehicle to which is fitted a vehicle part in relation to which type approval requirements prescribed by those regulations apply, and it does not appear from one or more certificates then in force under Article 31A or under any corresponding enactment having effect in Great Britain that the motor vehicle or vehicle part complies with those requirements, he shall be guilty of an offence under this Order.

[F2(1A) For the purposes of paragraph (1) a vehicle shall be taken to comply with all relevent type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.]

(2) Any person who uses or causes or permits to be used on a road a motor vehicle when an alteration has been made to the motor vehicle or its equipment which is required by directions under Article 31B to be, but has not been, notified to the Department shall be guilty of an offence under this Order.

(3) A person shall not be convicted of an offence under paragraph (2) if he proves that the alteration was not specified in the relevant Department's approval certificate under Article 31B(4).

(4) The Department may by regulations—

(a)exempt from paragraphs (1) and (2) the use of motor vehicles for prescribed purposes; and

(b)make provision for the issue in respect of a motor vehicle or vehicle part in prescribed circumstances of a certificate of temporary exemption exempting that motor vehicle or vehicle part from paragraph (1) for such period as may be specified in the certificate.

(5) If any person at any time on or after the day appointed by regulations under paragraph (1) sells, supplies or offers to sell or supply or exposes for sale a motor vehicle or vehicle part in relation to which those regulations apply, and it does not appear from one or more certificates then in force under Article 31A or under any corresponding enactment having effect in Great Britain that the motor vehicle or vehicle part complies with the relevant type approval requirements prescribed by those regulations, he shall be guilty of an offence under this Order.

[F2(5A) For the purposes of paragraph (5) a vehicle shall be taken to comply with all relevent type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.]

(6) A person shall not be convicted of an offence under paragraph (5) if he proves—

(a)that the motor vehicle or vehicle part was sold, supplied, offered or exposed for sale, as the case may be, for export outside the United Kingdom; or

(b)that he had reasonable cause to believe—

(i)in the case of a motor vehicle, that the motor vehicle would not be used on a road in the United Kingdom or would not be so used until it had been certified as complying with the relevant type approval requirements; or

(ii)in the case of a vehicle part, that the vehicle part would not be fitted to a motor vehicle used on a road in the United Kingdom or would not be so fitted until it had been certified as complying with relevant type approval requirements, or

(iii)that the motor vehicle or vehicle part would be used only as exempted by regulations under paragraph (4)(a) or (b).

(7) Nothing in this Article shall affect the validity of any contract or any rights arising under a contract.]

F2SR 1993/246

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