Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 No. 454

SCHEDULE 8 End of Series Exemptions

Part II Meaning of “Type Approval End of Series Vehicle” in Part I

Meaning of “type approval end of series vehicle” for the purposes of paragraph 1

2.—(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 8, 9 or 11 in Table II in regulation 74, if it meets the requirements of sub-paragraph (3) in relation to the item.

(2) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 2 in the Table in regulation 67 or an item numbered 10 or higher (other than item 11) in Table II in regulation 74 if by virtue of Schedule 1C to the Northern Ireland Regulations (which Schedule in certain circumstances defers the date on which certain requirements relating to exhaust emissions, noise and silencers cease to apply) the type approval requirements that applied to the vehicle on the date specified in column 3 of the item are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item.

(3) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if—

(a) it was manufactured during the relevant period;

(b) one of the following conditions is satisfied—

(i) a certificate of conformity was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a TAC issued before the date specified in column 4 of the Table in paragraph 6 in relation to the item, or

(ii) a sub-DAC was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a DAC issued before the date specified in column 4 of that Table;

(c) it was in the territory of a relevant state at some time before the date specified in column 3 of the item; and

(d) the number of relevant vehicles which were—

(i) manufactured before that vehicle was manufactured, and

(ii) still in existence on the date specified in column 3 of that item, was less than the specified number, or 50, (whichever is the greater).

(4) For the purposes of sub-paragraph (3)—

(a) “DAC” means a Department’s approval certificate issued under Article 31A(4)(1) of the 1981 Order;

(b) “sub-DAC” means a Department’s approval certificate issued under Article 31A(5)(1) of the 1981 Order; and

(c) “TAC” means a type approval certificate.

(1)

Article 31A was inserted by S.I. 1985/755 (N.I. 6), Article 3