The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984

Application

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

(a) every motor vehicle manufactured on or after 1st October 1977 and first used on or after 1st August 1978 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 40 kilometres per hour or an engine with a capacity exceeding 50 cubic centimetres, and is not a motor cycle with 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 ambulance;

(b) a motor caravan;

(c) a motor vehicle brought temporarily into Great Britain by a person resident abroad;

(d) a vehicle in the service of a visiting force or of a headquarters (as defined in Article 8(6) of the Visiting Forces and International Headquarters (Application of Law) Order 1965);

(e) a motor vehicle which is imported by an individual into Great Britain and in relation to which the following conditions are satisfied—

(i) the vehicle has been purchased outside Great Britain for the personal use of the individual importing it or of his dependants,

(ii) the vehicle has been so used by that individual or his dependants on roads outside Great Britain before it is imported,

(iii) the vehicle is intended solely for such personal use in Great Britain, and

(iv) the individual importing the vehicle intends, at the time when the vehicle is imported, to remain in Great Britain for not less than twelve months from that time;

(f) a motor vehicle which is to be exported from Great Britain and which—

(i) is exempt from car tax by virtue of paragraph 7 of Schedule 7 to the Finance Act 1972(1),

(ii) is a vehicle in relation to which there has been a remission of car tax by virtue of paragraph 8 of that Schedule, or

(iii) has been zero-rated under Regulation 49 or 50 of the Value Added Tax (General) Regulations 1980(2);

(g) 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 21st August 1984, 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;

(h) a motor vehicle which is of a new or improved type provided that—

(i) a final examination has been carried out in respect of a vehicle to which the vehicle is alleged to conform following a written application made either—

(A) in the manner approved in accordance with Regulation 5, for a type approval certificate for the type, or

(B) in the manner approved in accordance with Regulation 6, for a Minister's approval certificate,

and as a result of the examination the Secretary of State is satisfied that the relevant type approval requirements specified in Schedule 1 are complied with;

(ii) the Secretary of State has been notified of the vehicle identification number in a manner approved by him;

(iii) the vehicle is being used for no purpose other than for, or in connection with, publicity, demonstration or evaluation of that type of vehicle; and

(iv) until, following the examination mentioned in sub-paragraph (i) of this sub-paragraph, there has been issued a type approval certificate or, as the case may be, a Minister's approval certificate, the vehicle—

(A) remains in the ownership of the person who made the application referred to in the said sub-paragraph (i), and

(B) is not offered for sale or supply or sold or supplied by retail;

(i) a motor vehicle to which sections 45 to 51 and 62 have become applicable after a period of use on roads during which, by virtue of section 188(4) (which relates to vehicles in the public service of the Crown), those sections did not apply to that vehicle; or

(j) a motor vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing motor vehicles of that description.

(1)

paragraph 7 was amended by the Finance (No. 2) Act 1975 (c. 45), section 23(1) and the Finance Act 1981 (c. 35), section 17(4) and paragraph 8 was amended by the said Act of 1975, section 23(2).

(2)

,to which there are amendments not relevant to these Regulations.