Motor Vehicles (EC Type Approval) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 92/53/EEC. They also replace the Motor Vehicles (Type Approval) Regulations 1980 and the Motor Vehicles (Type Approval) (EEC) Regulations (Northern Ireland) 1987, save in so far as they relate to the type approval of tachographs.

The Directive as read with Council Directives 70/156/EEC and 87/403/EEC makes provision for member States to set up a system for granting EC type approval for light passenger vehicles as defined in the Regulations. The Directives contain provisions prohibiting member States registering or permitting the sale or entry into service of the vehicles unless they are accompanied by a valid EC certificate of conformity. They prevent member States refusing the sale or entry into service of vehicles with a valid EC certificate of conformity. They also contain similar provisions for parts of motor vehicles (not limited to parts of light passenger vehicles).

Part I of the Regulations contains preliminary provisions.

Part II of the Regulations contains provisions relating to:

(a) application to the Secretary of State for EC type approval;

(b) the grant of EC type approval by the Secretary of State;

(c) the duties of holders of type approval granted by the Secretary of State including a duty to supply an EC certificate of conformity with each vehicle and to affix an approval mark to each part that conforms with the approved type; and

(d) the withdrawal suspension of EC type approval granted by the Secretary of State.

Subject to specified exceptions, Part III of the Regulations prevents the Secretary of State as from 1st January 1996 (later in some cases) issuing a first licence or registering a light passenger vehicle unless it either has an EC certificate of conformity or has a Minister’s approval certificate issued under section 58(1) of the Road Traffic Act 1988.

Part IV of the Regulations contains miscellaneous provisions. These include provisions creating offences relating to EC type approval such as forging an EC type approval certificate or an EC certificate of conformity and making false statements.

Schedule 2 amends the Road Traffic Act 1988. The effect of the amendments are as follows.

(a) They enable a vehicle to be used and sold if an EC certificate of conformity has been issued in respect of it in cases where this would otherwise have been unlawful under section 63 or 65 of the 1988 Act. Those sections make it unlawful to use or sell prescribed classes of vehicles unless appropriate certificates have been issued under the Act showing that the vehicle meets prescribed type approval requirements.

(b) They make it an offence in certain circumstances for a person to use an unregistered light passenger vehicle on a road or to sell such a vehicle if an EC certificate of conformity has not been issued in respect of it. The offence arises in relation to a vehicle if Part III of the Regulations would prevent the Secretary of State registering it. The offences do not come into force until 1st January 1996.

(c) They enable a first licence to be issued for a vehicle with an EC certificate of conformity where this would otherwise have been prevented by section 66(4)(b) of the 1988 Act. That provision prevents first licences being issued for certain vehicles unless it appears from certificates issued under sections 54 to 58 that they comply with type approval requirements prescribed under the Act.