Amendment of regulation 5 (Recognition of compliance with EC and EEA equivalent requirements)
3. For regulation 5 of the principal Regulations substitute—
“Recognition of compliance with equivalent requirements
5.—(1) Where a Certificate of Conformity has been issued on the basis that a Class I bus complies with Article 3 of the 2001 Directive, the requirements of these Regulations specified in Schedule 1, or Schedule 2 (but not paragraph 8 of Schedule 2), shall not apply to that bus, and in such a case the vehicle examiner may issue an accessibility certificate in respect of the bus as though the bus had complied with those requirements of these Regulations.
(2) In the case of a bus which has not been issued with an accessibility certificate pursuant to paragraph (1), the requirements of these Regulations specified in Schedule 1, or Schedule 2 (but not paragraph 8 of Schedule 2), shall not apply if the bus satisfies—
(a)the requirements of—
(i)such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and
(ii)Annex VII to the 2001 Directive; or
(b)the requirements of—
(i)such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and
(ii)Annex 8 to ECE Regulation 107.01 or 107.02,
and in such a case the vehicle examiner may issue an accessibility certificate in respect of the bus as though the bus had complied with those requirements of these Regulations.
(3) The requirements of these Regulations specified in Schedule 1, or Schedule 3 (but not paragraph 7 of Schedule 3), shall not apply to a coach which satisfies—
(a)the requirements of—
(i)such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and
(ii)Annex VII to the 2001 Directive; or
(b)the requirements of—
(i)such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and
(ii)Annex 8 to ECE Regulation 107.01 or 107.02,
and in such a case the vehicle examiner may issue an accessibility certificate in respect of the coach as though the coach had complied with those requirements of these Regulations.
(4) Where there is produced to the Department evidence that satisfies it that a regulated public service vehicle has been found by the competent authority of another EEA State to conform with requirements that are equivalent to all, or some of, the requirements set out for that vehicle under these Regulations (including the requirements of the 2001 Directive mentioned in paragraphs (1) to (3) above), that vehicle shall, by virtue of that evidence, be regarded as conforming with those (and only those) requirements for the purposes of these Regulations.
(5) In this Regulation—
(a)“the 2001 Directive” means Directive 2001/85/EC of the European Parliament and Council of 20th November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat and amending Directives 70/156/EEC and 97/27/EC;
(b)“approval authority” means the authority of a Member State with competence for all aspects of the approval of a type of vehicle, system, component or separate technical unit or of the individual approval of a vehicle; for the authorisation process, for issuing and, if appropriate, withdrawing approval certificates; for acting as the contact point for the approval authorities of other Member States; for designating the technical services and for ensuring that the manufacturer meets his obligations regarding the conformity of production;
(c)“Class I bus” means a bus constructed with areas for standing passengers, to allow frequent passenger movement;
(d)“a Certificate of Conformity” means a certificate issued by a manufacturer—
(i)under regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998, or
(ii)under any provision of law of a Member State other than the United Kingdom giving effect to Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers;
(e)“competent authority” means either the approval authority or a designated authority, or an accreditation body acting on their behalf. ”.