The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1991

Statutory Instruments

1991 No. 1021

ROAD TRAFFIC

The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1991

Made

16th April 1991

Laid before Parliament

29th April 1991

Coming into force

20th May 1991

The Secretary of State for Transport, in exercise of the powers conferred by sections 54(1) and 61 of the Road Traffic Act 1988(1) and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1991 and shall come into force on 20th May 1991.

Preliminary

2.  The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to regulation 2 (interpretation)

3.  In regulation 2(1) the following definitions shall be inserted at the appropriate places in alphabetical order—

• “hire agreement” means an agreement for the bailment or (in Scotland) the hiring of a vehicle which is not a hire-purchase agreement;

• “hire-purchase agreement” has the same meaning as in the Consumer Credit Act 1974(3).

Amendments to regulation 3 (application)

4.—(1) Regulation 3 shall be amended as follows.

(2) For paragraph (ee) there shall be substituted—

“(ee) a motor vehicle which is of a new or improved type provided that the conditions specified in paragraph (3) are satisfied;”.

(3) After paragraph (2) there shall be added—

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

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

(i) in respect of a type vehicle in accordance with regulation 7 for a type approval certificate, or

(ii) in respect of another vehicle (“the initial vehicle”) in accordance with regulation 8 for a Minister’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 7 or 8;

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

(e) the Secretary of State 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 a 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 Minister’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.”.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

16th April 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982.

They amend the disapplication of the Regulations to motor vehicles or parts of motor vehicles the unladen weight of which does not exceed 1525 kilograms which are of a new or improved type provided certain conditions are complied with. The disapplication is amended so that there is no weight ceiling. The conditions are amended as follows.

(1) The exemption applies when a manufacturer has applied for a type approval certificate or a Minister’s approval certificate.

(2) The manufacturer must have made an appointment for a final examination of the vehicle which is the subject of the application for a certificate.

(3) The vehicle for which exemption is sought must conform with the vehicle which is the subject of the application in the relevant aspects of design, construction, equipment and marking mentioned in the information document accompanying the application.

(4) The conditions relating to ownership, sale, supply and use have been amended in minor respects.

(1)

1988 c. 52.

(2)

S.I. 1982/1271; relevant amending instruments are S.I.1984/697, 1985/46, 1986/427 and 1987/1508.

(3)

1974 c. 39.