Motor Vehicles (Approval) (Fees) Regulations (Northern Ireland) 2004

Interpretation

2.—(1) In these Regulations –

“the Approval Regulations” means the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001(1);

“the Directive” means Council Directive 70/156/EEC(2) as amended by Council Directive 87/403/EEC(3) and Council Directive 92/53/EEC(4);

“EC certificate of conformity” means any certificate of conformity issued by a manufacturer under regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998(5), or under any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the Directive;

“EC type approval” means –

(a)

vehicle type approval in relation to a passenger vehicle or goods vehicle granted pursuant to the Directive, and

(b)

system, component or separate technical unit type approval granted pursuant to a separate Directive;

“exceptional circumstances” means an accident, a fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts for that vehicle);

“further application” means an application made in accordance with regulation 5(6) of the Approval Regulations;

“goods vehicle” means a motor vehicle of a kind referred to in regulation 3(A)(2)(6) of the Approval Regulations;

“model report” means a collection of data and information about a vehicle which is not a Schedule 1 vehicle that has been submitted by an applicant for the purposes of approval of other vehicles of the same model under regulation 4(1)(b)(7) of the Approval Regulations and which demonstrates to the satisfaction of the Department compliance with the relevant provisions of Schedule 3 to the Approval Regulations;

“original application” means an application made in accordance with regulation 5(1) to (3) of the Approval Regulations, not being a further application;

“passenger vehicle” means a motor vehicle to which the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985(8) apply;

“same model” means, in relation to two or more vehicles, vehicles that are the same as each other in all the aspects of their technical specification relevant to the subject matter of Schedule 3 to the Approval Regulations; and

“Schedule 1 vehicle” has the same meaning as in Schedule 1 to the Approval Regulations.

(2) For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it is first assembled on or after that date, even if it includes one or more parts which were manufactured before that date.

(1)

S.R. 2001 No. 172 as amended by S.R. 2004 No. 30

(2)

O.J. No. L42, 23.2.70, p. 1

(3)

O.J. No. L220, 8.8.87, p. 44

(4)

O.J. No. L225, 10.8.92, p. 1

(5)

S.I. 1998/2051

(6)

Regulation 3A was substituted by S.R. 2004 No. 30, regulation 3

(7)

Regulation 4 was amended by S.R. 2004 No. 30, regulation 4

(8)

S.R. 1985 No. 294; relevant amending Regulations are S.R. 1987 No. 389, S.R. 1988 No. 405, S.R. 1990 No. 84, S.R. 1991 No. 408, S.R. 1992 Nos. 86 and 508, S.R. 1995 No. 38, S.R. 1996 No. 156, S.R. 1998 No. 363, S.R. 1999 No. 234 and S.R. 2001 No. 174