The Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007 and shall come into operation on 10th July 2007.

General interpretation

2.—(1) In these Regulations—

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(1);

“appropriate information document”—

(a)

in relation to a vehicle subject to type approval requirements and in respect of which an application for a type approval certificate is made, means a document in the form set out in Part I of Schedule 5;

(b)

in relation to a vehicle subject to type approval requirements and in respect of which an application for a Department’s approval certificate is made, means a document in the form set out in Part II of Schedule 5; and

(c)

in relation to a vehicle part subject to type approval requirements means a document in the form set out in Part III of Schedule 5;

“dual-purpose vehicle” means a vehicle constructed or adapted for the carriage both of passengers and of goods being a vehicle of which the unladen weight does not exceed 2040 kilograms, and which satisfies the following conditions as to construction, namely:—

(a)

the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;

(b)

the area of the vehicle to the rear of the driver’s seat must—

(i)

be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle, and

(ii)

be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and

(c)

the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in sub-paragraph (b)(i) or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle;

“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958(2) as amended(3) to which the United Kingdom is a party(4);

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993;

“EEA State” means a State which is a contracting party to the EEA Agreement;

“emissions or noise item” means an item in Part I of Schedule 1 in respect of which the subject matter specified in column (2) of that Part is “exhaust emissions” or “noise and silencers”;

“Framework Directive vehicle” means a vehicle to which these Regulations apply and is a “vehicle” within the meaning of Council Directive 70/156/EEC(5) as amended by Council Directive 87/403/EEC(6), Council Directive 92/53/EEC(7) and Commission Directive 93/81(8);

“hire agreement” means an agreement for the bailment of a vehicle which is not a hire-purchase agreement;

“hire-purchase agreement” has the same meaning as in Part VI of the Hire-Purchase Act (Northern Ireland) 1966(9);

“maximum gross weight” means, in relation to a vehicle, the weight which it is designed or adapted not to exceed when in normal use and travelling on a road laden;

“motor ambulance” means a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability;

“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

“the Order” means the Road Traffic (Northern Ireland) Order 1981;

“the prescribed fee” in relation to any matter provided for in these Regulations, means the fee prescribed for such matter in the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1992(10);

“the prescribed type approval requirements” in relation to a vehicle or a vehicle part subject to type approval requirements, means the type approval requirements prescribed therefor by regulation 7;

“registered” means registered under the Vehicle Excise and Registration Act 1994(11);

“regular armed forces of the Crown” has the meaning assigned to it in section 1 of the Northern Ireland Assembly Disqualification Act 1975(12);

“the type approval requirements” means the requirements with respect to the design, construction, equipment or marking of vehicles or vehicle parts which—

(a)

relate to the items numbered in column (1) and listed in column (2) of Part I of Schedule 1; and

(b)

are contained in Regulations, other documents, or Parts of that Schedule, and consist of the requirements specified against each such item in column (3) of Part I of that Schedule (subject to such modifications and additions as are set out in Part I of that Schedule); and

“vehicle subject to type approval requirements” and “vehicle part subject to type approval requirements” have the meanings given to those expressions in regulation 7(9).

(2) For the purposes of these Regulations—

(a) a motor 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; and

(b) the provisions of regulation 2(4) of the Construction and Use Regulations shall apply for determining when a motor vehicle is first used.

Interpretation of instruments referred to in Schedule 1

3.  The instruments referred to in column (3) of Part I of Schedule 1 shall, for the purposes of these Regulations, have effect as if—

(a) a reference to a vehicle in category M1 were a reference to a vehicle described as M1 in Council Directive 70/156/EEC of 6th February 1970; and

(b) a reference to a vehicle in category L5 were a reference to a vehicle described as L5 in ECE Regulation 78 of 15th October 1988.

Interpretation of “low volume type approval vehicle”

4.—(1) For the purposes of these Regulations a vehicle (“the vehicle in question”) is a low volume type approval vehicle at a particular time if—

(a) since the 31st December immediately preceding that time less than 500 Department’s approval certificates have been issued with respect to vehicles of the relevant class; and

(b) no type approval certificate is in force with respect to a vehicle of the relevant class.

(2) Notwithstanding anything in paragraph (1), a vehicle shall be deemed to be a low volume type approval vehicle for the purposes of these Regulations if a Department’s approval certificate in the form set out in Part III of Schedule 4 has been issued with respect to it.

(3) For the purposes of this regulation, a vehicle is a vehicle of the relevant class if it is not the vehicle in question, but is a vehicle—

(a) of the same or similar model; and

(b) manufactured by the same manufacturer,

as the vehicle in question.

(4) For the purposes of this regulation only, two or more vehicles manufactured by different bodies corporate shall be regarded as having been manufactured by the same manufacturer if at the date when the last of those vehicles was manufactured the bodies were interconnected within the meaning given by section 137(5) of the Fair Trading Act 1973(13).

Application

5.—(1) Subject to paragraph (2) these Regulations apply to—

(a) every motor vehicle manufactured on or after 1st August 1978 and not first used before 2nd December 1985 which is constructed solely for the carriage of passengers and their effects or is a dual-purpose vehicle and in either case which—

(i) is adapted to carry not more than eight passengers exclusive of the driver and either has four or more wheels or, if having only three wheels, has a maximum gross weight of more than 1000 kilograms, or

(ii) has three wheels, a maximum gross weight not exceeding 1000 kilograms, and either a design speed exceeding 50 kilometres per hour or an engine with a capacity exceeding 50 cubic centimetres, and is not a motor cycle with or without a side-car attached; and

(b) parts of any such motor vehicles.

(2) These Regulations do not apply to, or to parts of—

(a) a motor vehicle brought temporarily into Northern Ireland by a person resident abroad;

(b) a vehicle in the service of a visiting force or of a headquarters (as defined in Article 8(9)(b) of the Visiting Forces and International Headquarters (Application of Law) Order 1999)(14);

(c) a motor vehicle which is to be exported from Northern Ireland and which has been zero-rated under regulation 132, 133 or 155 of the Value Added Tax Regulations 1995(15);

(d) a motor vehicle which is of a new or improved type, or is fitted with equipment of a new or improved type, and which has been constructed to that type, or fitted with that equipment, for the purposes of tests or trials or for use as a prototype, and—

(i) is not intended for general use on roads, and

(ii) in the case of a vehicle first used on a road on or after 2nd December 1985 remains in the ownership and the use of—

(A) the manufacturer of the vehicle if the vehicle is of a new or improved type, or

(B) the manufacturer of the equipment if the vehicle is fitted with equipment of a new or improved type or the manufacturer of the vehicle on which that equipment is used;

(e) a motor vehicle which is of a new or improved type provided that the conditions in paragraph (3) are satisfied;

(f) a motor vehicle where it has ceased to be in the service of the regular armed forces of the Crown or the Royal Irish Regiment; or

(g) a motor vehicle for which a first licence was granted under the Vehicles (Excise) Act 1971(16) on or after 1st August 1978.

(3) The conditions referred to in paragraph (2)(e) are that—

(a) the manufacturer of the vehicle has made an application—

(i) in respect of a type vehicle in accordance with regulation 8 for a type approval certificate, or

(ii) in respect of another vehicle (“the initial vehicle”) in accordance with regulation 9 for a Department’s approval certificate;

(b) an appointment has been made for a final examination of the type vehicle or the initial vehicle (as the case may be);

(c) the vehicle conforms with the type vehicle or the initial vehicle (as the case may be) in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the information document accompanying the application pursuant to regulation 8 or 9;

(d) the vehicle complies with the relevant type approval requirements specified in Part I of Schedule 1;

(e) the Department has been notified of the vehicle identification number;

(f) the vehicle—

(i) was at the date of manufacture owned by the manufacturer of the vehicle and has remained in his ownership,

(ii) has not been offered for sale by him,

(iii) has not been let or offered for letting under a hire agreement or a hire-purchase agreement, and

(iv) has not been used on any road for any purpose other than for, or in connection with, publicity, demonstration or evaluation of vehicles of the new or improved type; and

(g) the manufacturer of the vehicle intends that until pursuant to the application mentioned in sub-paragraph (a) there has been issued a type approval certificate or a Department’s approval certificate (as the case may be), the vehicle—

(i) shall remain in his ownership,

(ii) shall not be offered for sale by him,

(iii) shall not be let or offered for letting under a hire agreement or a hire-purchase agreement, and

(iv) shall not be used on a road for any purpose other than for, or in connection with, publicity, demonstration or evaluation of vehicles of the new or improved type.

Modifications in relation to vehicles to which the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 apply

6.—(1) These Regulations shall have effect, in relation to vehicles to which regulation 3 of the Approval Regulations applies, with the following modifications.

(2) Regulation 7 shall have effect subject to regulation 3 of the Approval Regulations.

(3) Regulation 9 does not apply to an application for a Department’s approval certificate made on the basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.

(4) Regulation 11 does not apply in relation to any determination made for the purposes of such an application.

(5) Regulation 12 does not apply in relation to any certificate issued on the basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.

(6) Regulation 13 does not apply in relation to any certificate in the form prescribed by the Approval Regulations.

(7) Regulations 17 and 18 do not apply to any vehicle to which regulation 3 of the Approval Regulations applies (those Regulations containing provisions corresponding to regulations 17 and 18).

(8) In this regulation—

“the Approval Regulations” means the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001(17); and

“the relevant requirements”, in relation to a vehicle, means the requirements prescribed under Article 31A of the Order that are applicable to it.

Type approval requirements — application

7.—(1) Subject to paragraphs (2) to (8), regulation 6 and to the exemptions specified in column (4) of Part I of Schedule 1, the type approval requirements specified in column (3) of Part I of Schedule 1 are hereby prescribed as requirements which are applicable—

(a) from the date specified in column (5) of Part I of Schedule 1; and

(b) in a case where a date is specified in column (6) of Part I of Schedule 1, until that date,

to vehicles to which these Regulations apply and to the relevant parts of such vehicles, before such vehicles are registered.

(2) Subject to paragraph (7), in relation to a particular vehicle—

(a) a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is registered; and

(b) a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured.

(3) Save as provided in paragraph (4), if a vehicle or vehicle part is manufactured on or after a date (other than 1st August 1978) specified in an item in column (5) of Part I of Schedule 1, the type approval requirement specified in column (3) in that item shall not apply if the vehicle or, in the case of a vehicle part, the vehicle in which it is incorporated, is first used on a road within six months of that date.

(4) The provisions of paragraph (3) do not apply in respect of item 14H in Part I of Schedule 1.

(5) Save as provided in paragraph (6), if a vehicle or a vehicle part is manufactured on or after a date specified in an item in column (6) of Part I of Schedule 1, the type approval requirement specified in column (3) in that item shall apply if the vehicle or, in the case of a vehicle part, the vehicle in which it is incorporated, is first used on a road within six months of that date.

(6) The provisions of paragraph (5) do not apply in respect of any emissions or noise item.

(7) No emissions or noise item shall apply to a Framework Directive vehicle on or after the date specified in column (6) of the item.

(8) Where, in relation to an item listed in column (2) of Part I of Schedule 1, two or more instruments or other documents are specified in column (3) of Part I of Schedule 1 as alternatives, the requirements prescribed by paragraph (1) are the requirements contained in either or any of those instruments or documents, and subject to paragraphs (1), (2), (3), (5) and (6) where two or more items specified in column (1) of Part I of Schedule 1 have the same subject matter as is specified in column (2) of Part I of Schedule 1 the type approval requirements relate to either or, as the case may be, any of those items; and for the purposes of this paragraph, items 2A and 2B shall be regarded as items having the same subject matter.

(9) A vehicle to which, or to a part of which, any requirement mentioned in paragraph (1) is for the time being applicable by virtue of paragraphs (1) to (8) is referred to in these Regulations as “a vehicle subject to type approval requirements”, and a vehicle part to which any such requirement is so applicable is referred to in these regulations as “a vehicle part subject to type approval requirements”.

(10) Where a requirement is prescribed by these Regulations as a requirement applicable to a vehicle, or to a vehicle part, that requirement shall, for the purposes of these Regulations, be regarded as being applicable to that vehicle or vehicle part by virtue of paragraphs (1) to (8) notwithstanding that the same requirement may have been, or may hereafter be, applied to that vehicle or vehicle part by or under any provision of the European Communities Act 1972(18) or by or under any other statutory provision.

(11) Subject to paragraph (13) the date specified in column (6) of Part I of Schedule 1 (being the date of cessation of application of type approval requirements) in relation to items 4B, 14C and 14D of that Part shall have effect as if advanced by one year in the case of a vehicle for which, or for a model of which, there is a type approval certificate or (as the case may be) a Department’s approval certificate in force at the date so specified.

(12) Where, in relation to items 12A(1), 12A(2) and 12A(3) in Part I of Schedule 1, a date is specified in column (6) of that Part (being a date of cessation of application of type approval requirements), that date shall not apply to any vehicle for which, or for a model of which, there is a type approval certificate or (as the case may be) a Department’s approval certificate in force at that date.

(13) In relation to any vehicle—

(a) which has 5 or more forward gears and a maximum power to maximum gross weight ratio of not less than 75 kilowatts per tonne; and

(b) for which, or for a model of which, there is a type approval certificate or (as the case may be) a Department’s approval certificate in force on 30th September 1988,

notwithstanding the specification of a date in item 14C in column (6) of Part I of Schedule 1, that column shall have effect as if it did not specify a date.

(14) Schedule 2 shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in column (5) of items 25 and 26 of Part I of Schedule 1.

(15) Schedules 3 and 4 (which treat certain emissions or noise items as if in certain circumstances specified dates were substituted for the entries in column (5) and (6)) shall have effect.

(16) A vehicle subject to type approval requirements which meets the technical requirements for permanent registration in another EEA State, or other country with whom the European Community has an applicable trading or customs agreement to equivalent effect, shall be treated as complying with all the requirements prescribed under Article 31A of the Order, except to the extent that following an assessment of documentation where such is provided, the Department is unable to establish that the vehicle satisfies the standards equivalent to those specified in relation to each applicable subject matter mentioned in Schedule 1.

(17) In this regulation, “prescribed” means prescribed under Article 31A of the Order.

Application for type approval

8.—(1) An application by a manufacturer of a vehicle or vehicle part, which is subject to type approval requirements, for the approval of that vehicle or vehicle part as a type vehicle or type vehicle part, as the case may be, and for the issue in respect thereof of a type approval certificate shall be—

(a) made to the Department on a form supplied by it;

(b) accompanied by an appropriate information document supplied by the Department and duly completed so as to furnish all the information which is required by that document applicable to the vehicle or vehicle part of the type in respect of which the application is made; and

(c) accompanied by such other documents as are mentioned in the said information document as being required in connection with the application.

(2) As soon as reasonably practicable after the date of the receipt of an application for type approval the Department shall send to the applicant a notice stating the address at which the examination of the vehicle or vehicle part is to be carried out, the date and time at which such examination is to begin, the prescribed fees which are payable in respect of the examination and the time, place and manner for payment of those fees. The Department shall not be required to commence any examination until the prescribed fees have been paid.

Application for Department’s approval certificate

9.—(1) An application in respect of a vehicle or vehicle part which is subject to type approval requirements for a Department’s approval certificate in respect of that vehicle or vehicle part shall be made in writing to the Department on a form supplied by it and, subject to paragraph (3), shall be accompanied by—

(a) an appropriate information document supplied by the Department and duly completed so as to furnish all the information which is required by that document applicable to the vehicle or vehicle part in respect of which the application is made; and

(b) such other documents as are mentioned in the said information document as being required in connection with the application.

(2) Subject to paragraph (3), as soon as reasonably practicable after the date of the receipt of an application for a Department’s approval certificate the Department shall send to the applicant a notice stating the address at which the examination of the vehicle or vehicle part is to be carried out, the date and time at which such examination is to begin and the prescribed fees which are payable in respect of the examination and the time, place and manner for payment of such fees. The Department shall not be required to commence any examination until the prescribed fees have been paid.

(3) In a case where an application for a Department’s approval certificate is an application, in the circumstances mentioned in Article 31A(5) of the Order, by a manufacturer or importer for the issue of the certificate without examination of the vehicle or vehicle part the application shall refer to the appropriate information document and shall be accompanied by a remittance of the prescribed fee.

Application for further type approval certificate

10.—(1) The provisions of regulation 8 as to forms, documents, information, notice of examination and fees shall apply to an application for a further type approval certificate under Article 31B(2)(a) of the Order.

(2) Where such a further type approval certificate is issued, references in these Regulations to a manufacturer shall be construed as in that Article.

Appeals

11.—(1) Every notification by the Department of—

(a) a determination not to issue a type approval certificate or a Department’s approval certificate; or

(b) a determination to issue a type approval certificate in respect of one or more, but not all, of the relevant type approval requirements to which the application for type approval relates; or

(c) the cancellation or suspension of a type approval certificate,

shall contain a statement of the right of appeal under Article 31C of the Order, and shall give particulars of the time within which, the manner in which, and the address at which, such an appeal can be lodged.

(2) An appeal under Article 31C of the Order by a person aggrieved by a determination made by the Department with respect to a type approval certificate, a certificate of conformity or a Department’s approval certificate shall be made in the following manner—

(a) the appellant shall, not later than six weeks from the notification of the Department’s determination, give notice to the Department at the address stated for appeals in that notification, of his intention to appeal against the determination; and

(b) if the grounds of the appeal are not stated in the notice referred to in sub-paragraph (a), the appellant shall, not later than six weeks from the giving of that notice, give to the Department at the address referred to in that sub-paragraph a further notice stating the grounds of his appeal.

Forms of certificates

12.—(1) A type approval certificate shall be in the form set out in Part I or Part II of Schedule 6.

(2) Subject to paragraphs (4), (5) and (6), a Department’s approval certificate shall be in the form set out in Part I or Part II of Schedule 7.

(3) A certificate of conformity shall be in the form set out in Part I or Part II of Schedule 8 and shall contain such of the particulars specified in the form in Schedule 8 as are relevant to the vehicle or vehicle part in respect of which the certificate is issued.

(4) Where the Department is satisfied that a vehicle complies with the relevant type approval requirements on the basis that it is a low volume type approval vehicle and is not satisfied that it would otherwise so comply, a Department’s approval certificate issued in respect of that vehicle shall be in the form set out in Part III of Schedule 7.

(5) Subject to paragraph (6), a Department’s approval certificate for any vehicle shall be in a form prescribed by paragraph (4), if—

(a) the application was made on the basis that the vehicle is a low volume type approval vehicle; or

(b) the applicant has otherwise requested the certificate to be in a form prescribed by that paragraph,

and the Department is satisfied that the vehicle is a low volume type approval vehicle.

(6) Upon the issue of a Department’s approval certificate for any vehicle, where the Department is satisfied that the requirements of paragraph (7) are fulfilled and the applicant so requests, the certificate shall be endorsed with a statement that it is so satisfied.

(7) The requirements of this paragraph are that—

(a) an EC certificate of conformity has been issued in respect of the vehicle;

(b) since the EC certificate of conformity was issued the vehicle has been altered as described in the information document which accompanied the application under these Regulations;

(c) notwithstanding the alterations the vehicle is still of the type in respect of which the EC certificate of conformity was issued, and—

(i) if the EC certificate of conformity does not describe the vehicle as a variant, the vehicle has not as a consequence of the alterations become a variant of that type,

(ii) if the EC certificate of conformity describes the vehicle as a variant of that type, the vehicle has not as a consequence of the alterations become a different variant of that type;

(d) the EC certificate would still have had effect had the alterations not been made (whether or not that certificate in fact still has effect).

(8) For the purposes of paragraph (7)—

(a) “EC certificate of conformity” has the same meaning as in Article 31A(7) of the Order; and

(b) “type” and “variant” have the meanings given in Annex IIB of Council Directive 70/156/EEC(19), as amended by Council Directive 87/403/EEC(20) and Council Directive 92/53/EEC(21).

Duplicate certificates

13.—(1) If a certificate of conformity or Department’s approval certificate is lost or defaced, application for the issue of a duplicate may be made—

(a) in the case of a certificate of conformity, to the manufacturer by whom the original was issued; and

(b) in the case of a Department’s approval certificate, to the Department.

(2) Where such a certificate has been lost, the application for the issue of a duplicate shall give particulars of the vehicle or vehicle part to which the original related and shall either state the serial number of the original certificate or give such other information with respect to the original certificate as is available and is reasonably required for enabling the records with respect to the original certificate to be searched and particulars of the original certificate traced.

(3) Where such a certificate has been defaced, the application for the issue of a duplicate shall be accompanied by the defaced certificate and, if the serial number of that certificate is no longer legible, by a statement of such other information with respect to the original certificate as is mentioned in paragraph (2).

(4) Every duplicate certificate issued under this regulation shall be marked “Duplicate”.

(5) Every application under this regulation for a duplicate certificate shall be accompanied by a remittance for the prescribed fee.

Keeping and inspection of records relating to certificates of conformity

14.—(1) A manufacturer of a vehicle or vehicle part in relation to which a type approval certificate is in force shall keep a record, as specified in paragraph (2), of every certificate of conformity issued by him under Article 31A(3) of the Order in respect of each vehicle or vehicle part manufactured by him which conforms with the type vehicle or type vehicle part in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the type approval certificate.

(2) The record referred to in paragraph (1) shall be a record of—

(a) the serial number of the certificate of conformity;

(b) the serial number of the type approval certificate referred to in the certificate of conformity;

(c) in the case of a certificate of conformity in respect of a vehicle, the manufacturer’s identification number assigned to that vehicle and either the date of the manufacture of the vehicle or the date of the issue of the certificate of conformity; and

(d) in the case of a certificate of conformity in respect of a vehicle part to which the manufacturer has assigned an identification number, that number.

(3) A person authorised by the Department for the purpose may, on giving such manufacturer reasonable notice and after production, if so required, of his authority, require the manufacturer to produce for inspection or otherwise make available the records kept by him under this regulation, and the authorised person may take copies of such records or otherwise secure the reproduction of the information contained in them.

Authorisations to carry out examinations for type approval

15.—(1) The Department may authorise such persons as it thinks fit, whether officers of the Department or not, to carry out, in connection with the issue of type approval certificates, examinations of vehicles or vehicle parts which are subject to type approval requirements.

(2) Any authorisation under this regulation shall be in writing, shall name the person to whom it is issued and shall specify the matters in connection with which he is authorised to carry out examinations as aforesaid.

(3) Any authorisation under this regulation may be withdrawn at any time by notice by the Department to the person authorised.

(4) A person authorised under this regulation shall, if so required by or on behalf of a person whose vehicle or vehicle part is being or is to be examined, produce his authorisation to that person.

(5) Where an authorisation under this regulation expires or is withdrawn under paragraph (3), the person to whom the authorisation was given shall return it to the Department.

Notices

16.  Every notice under these Regulations shall be in writing.

Obligatory certificates

17.—(1) Subject to regulation 6, this regulation applies to all vehicles subject to type approval requirements.

(2) The day appointed for the purposes of Article 31E of the Order in relation to all vehicles—

(a) to which this regulation applies; but

(b) which are not of a class for which a day has previously been appointed for those purposes,

is 10th July 2007.

(3) The type approval requirements prescribed under Article 31E of the Order, in relation to any vehicle to which this regulation applies, are the prescribed type approval requirements.

Licences not to be issued for vehicles unless appropriate certificates are in force

18.  Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 17 applies, the licence shall not be granted unless on the first application after 10th July 2007 for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under Article 31A of the Order or any corresponding enactment having effect in Great Britain from which it appears that the vehicle complies with the prescribed type approval requirements.

Revocation

19.  The Regulations specified in Schedule 9 are hereby revoked.

Sealed with the Official Seal of the Department of the Environment on 16th April 2007.

L.S.

Stanley Duncan

A senior officer of the

Department of the Environment