Motor Vehicles (Approval) Regulations (Northern Ireland) 2001

Obligatory certificates

11.—(1) Subject to paragraph (2), this regulation applies to all relevant vehicles.

(2) This regulation does not apply—

(a) to any ambulance or a motor caravan;

(b) to any registered vehicle;

(c) to a vehicle more than 10 years after the time when it was manufactured; or

(d) to a vehicle that meets the requirements specified in paragraph (3).

(3) The requirements referred to in paragraph (2)(d) are that—

(a) the person by whom the vehicle is kept (“the keeper”) is a member of a visiting force or a member of a civilian component of a visiting force;

(b) the vehicle has been imported into the United Kingdom for the personal use of the keeper or of his dependants;

(c) there is not in force with respect to the vehicle—

(i) a Department’s approval certificate issued in pursuance of these Regulations,

(ii) a certificate of conformity,

(iii) a Department’s approval certificate in a form prescribed by regulation 9 of the 1985 Regulations, or

(iv) an EC certificate of conformity; and

(d) not more than one other vehicle which meets the requirements of sub-paragraphs (a), (b) and (c) is kept in the United Kingdom by the keeper.

(4) In paragraph (3) the expressions “member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952(1).

(5) The day appointed for the purposes of Article 31E(1) of the Order in relation to every vehicle to which this regulation applies is 1st June 2001.

(6) The type approval requirements prescribed for the purposes of Article 31E of the Order, in relation to every vehicle to which this regulation applies, are the approval requirements.

(7) Article 31E(1) of the Order shall not apply to the use of a relevant vehicle—

(a) for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;

(b) for the purpose of bringing it away, before it is registered, from such an examination;

(c) by an authorised person for the purpose of—

(i) taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or

(ii) carrying out a part of such an examination, or

(iii) warming up its engine in preparation for such an examination, before it is registered;

(d) where an application under regulation 5 is refused following such an examination, for the purpose of—

(i) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

(ii) bringing it away from a place where relevant work has been done on it, before it is registered.

(8) In this regulation—

“authorised person” means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995(2) or a person carrying out such an examination under the direction of such an examiner;

“relevant work” means work done or to be done to remedy the defects on the grounds of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).

(1)

1952 c. 67; see sections 10 and 12

(2)

S.I. 1995/2994 (N.I. 18)