The Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1997

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1997 and shall come into force on 16th July 1997.

Preliminary

2.  The Motor Vehicles (EC Type Approval) Regulations 1992(1) shall be further amended in accordance with the following provisions of these Regulations.

Amendment to Regulation 2 (Interpretation)

3.  In regulation 2(1), after the definition of “the 1980 Regulations” there shall be inserted the following—

““the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(2);”.

Amendments to Regulation 10 (Conditions for grant of first licence or registration)

4.  In regulation 10, paragraph (3) shall be amended as follows—

(a) the word “or” immediately after sub-paragraph (a) shall be omitted;

(b) after sub-paragraph (b) there shall be inserted the following sub-paragraphs—

“(c) a Minister’s approval certificate which has been issued under section 58(4) of the 1988 Act(3) has effect with respect to the vehicle and is—

(i) in a form prescribed by regulation 9(4) of the 1984 Regulations, or

(ii) endorsed in accordance with regulation 9(6) of the 1984 Regulations;

(d) the vehicle falls within regulation 3(2)(g) of the 1984 Regulations; or

(e) sections 63, 65 and 65A of the 1988 Act have become applicable to the vehicle after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act (which relates to vehicles in the service of the Crown), those sections did not apply to it.”

End of Series Vehicle

5.  After regulation 10, there shall be inserted the following—

“End of series vehicles

10A.— (1) This regulation applies to an EC vehicle type approval if—

(a) it has been granted by the Secretary of State or under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive; and

(b) the Secretary of State is satisfied that it is going to cease to have effect as a consequence of one or more of the separate Directive approvals referred to in its information package being no longer valid.

(2) Subject to sub-paragraph (3), in such a case the Secretary of State may, at the request of the holder of the EC vehicle type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of—

(a) Part II of the 1988 Act,

(b) Part IV of the 1981 Order(4), and

(c) this Part of these Regulations,

for the period of 12 months beginning with the date on which the EC type approval ceases to have effect in the case of complete vehicles and for the period of 18 months beginning with that date in the case of completed vehicles.

(3) Such a direction—

(a) may be given only at a time when the EC type approval has effect;

(b) shall cease to have effect if—

(i) the EC type approval is withdrawn under regulation 8(2), or

(ii) the EC type approval is withdrawn under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive, or

(iii) otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and

(c) shall have effect subject to regulations 8(6) and 9.

(4) For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity in relation to an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.

(5) If, following a request by a holder of EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.

(6) In this regulation, “end of series vehicle” has the meaning given by Schedule 1A.”

Amendment to Regulation 12 (Duty to give reasons etc.)

6.  In regulation 12, the word “or” immediately after sub-paragraph (c) shall be omitted and after “or (11)” in sub-paragraph (d) there shall be inserted—

“, or

(e) regulation 10A(5)”.

Definition of “End of Series Vehicle”

7.  After Schedule 1, there shall be inserted the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State

Helene Hayman

Parliamentary Under Secretary of State,

Department of Transport

11th June 1997