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

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (EC Type Approval) Regulations 1992 by inserting a new regulation 10(3)(c), (d) and (e) and a new regulation 10A.

The 1992 Regulations implemented Council Directive 70/156/EEC (as amended) on the approximation of the Laws of Member States relating to the type-approval of motor vehicles and their trailers (“the amended Directive”). Those Regulations amongst other things, make it necessary for a vehicle to have a valid EC certificate of conformity before it can be sold, issued with an excise licence or registered. The amendments made by these Regulations exempt certain vehicles from such a requirement in accordance with the provisions of the amended Directive.

The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 enable Minister’s approval certificates to be issued in a special form for vehicles of the same or similar model and manufactured by the same manufacturer up to a limit of 500 each year. The new regulation 10(3)(c)(i) of the 1992 Regulations exempts a vehicle that has been issued with a Minister’s approval certificate in that form from the need to have a valid EC certificate of conformity. This implements the derogation in Article 8(2)(a) of the amended Directive.

The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 provide for a Minister’s approval certificate to be endorsed if it is issued for a vehicle that has undergone minor alterations since an EC certificate was issued for it. The new regulation 10(3)(c)(ii) of the 1992 Regulations permits a licence to be granted for a vehicle in respect of which a Minister’s approval certificate so endorsed has been issued.

The new regulation 10(3)(d) of the 1992 Regulations exempts certain prototype vehicles from the need to have an EC certificate of conformity and the new regulation 10(3)(e) of the 1992 Regulations exempts certain vehicles previously in the public service of the Crown from the need to have an EC certificate of conformity. These provisions clarify the scope of the 1992 Regulations in accordance with the amended Directive.

Article 8(2)(b) of the amended Directive permits a limited number of vehicles for a limited period to be sold and registered in an EEA State if they conform to a type of vehicle whose type approval is no longer valid. The new regulation 10A of the 1992 Regulations gives effect to that derogation.

The relevant amendments to Council Directive 70/156/EEC are made by Council Directive 92/53/EEC. Copies of those Directives can be obtained from the Stationery Office. The details are as follows:

• Council Directive 70/156/EEC (OJ No. L42, 23.2.70, p.1).

• Council Directive 92/53/EEC (OJ No. L225, 10.8.92, p.1).