The Motor Vehicles (Approval) (Amendment) Regulations 1998

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 1998.

(2) These Regulations shall come into force on 30th April 1998.

(3) In these Regulations “the principal Regulations” mean the Motor Vehicles (Approval) Regulations 1996(1).

Preliminary

2.  The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.

Amendments of regulation 2 (Interpretation)

3.  In regulation 2(1) after the definition of “the Construction and Use Regulations” there shall be inserted—

““EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(2);”.

Amendment of regulation 3 (Application of Part II of the principal Regulations)

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

(2) In sub-paragraph (a) the words “or to which those Regulations would apply but for regulation 3(2)(a), (b), (e) or (j) of those Regulations” shall be omitted.

(3) In sub-paragraph (b) for the words “paragraph 1, 2 or 3” there shall be substituted “paragraph 1, 2, 3 or 4”.

Amendment of regulation 4 (Approval requirements relating to relevant passenger vehicles)

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

(2) In paragraph (4) for the words “three conditions” there shall be substituted “four conditions”.

(3) In paragraph (5)—

(a) for the words “three conditions” there shall be substituted “four conditions”; and

(b) at the end of sub-paragraph (c) there shall be inserted

“;

(d) that there is produced to the Secretary of State evidence that satisfies him that the vehicle has been found by the competent authority in another EEA State to comply with requirements applicable to the vehicle equivalent to those set out in column 3 in relation to the subject matter”.

Amendment of regulation 5 (Application of Part III of the principal Regulations)

6.—(1) Regulation 5(1) shall be amended as follows.

(2) In sub-paragraph (a) the words “or to which those Regulations would apply but for regulation 3(2)(q) or (r) of those Regulations” shall be omitted.

(3) In sub-paragraph (c) for the words “paragraph 1, 2 or 3” there shall be substituted “paragraph 1, 2, 3 or 4”.

Amendment of regulation 6 (Approval requirements relating to relevant goods vehicles)

7.—(1) Regulation 6 shall be amended as follows.

(2) In paragraph (4) for the words “three conditions” there shall be substituted “four conditions”.

(3) In paragraph (5)—

(a) for the words “three conditions” there shall be substituted “four conditions”; and

(b) at the end of sub-paragraph (c) there shall be inserted

“;

(d) that there is produced to the Secretary of State evidence that satisfies him that the vehicle has been found by the competent authority in another EEA State to comply with the requirements applicable to the vehicle in that State, being requirements which are equivalent to those set out in column 3 in relation to the subject matter”.

Amendment of regulation 12 (Form of certificate)

8.  In regulation 12(2) after sub-paragraph (c) there shall be inserted—

“(ca) the letter “C” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 4 of Schedule 1 to these Regulations;”.

Amendment of regulation 14 (obligatory certificates)

9.—(1) Regulation 14 shall be amended as follows.

(2) In paragraph (2)—

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

(b) at the end of sub-paragraph (c) there shall be inserted

“;

(d) a vehicle at a time when it was manufactured more than 10 years before that time; or

(e) a vehicle that meets the requirements specified in paragraph (2A)”.

(3) After paragraph (2) there shall be inserted the following paragraphs—

“(2A) The requirements referred to in paragraph (2)(e) are that—

(a) the person by whom the vehicle is kept (“the keeper”) is a member of a visiting force or of a member of the civilian component of a visiting force;

(b) the vehicle has been imported into the United Kingdom for the personal use of the keeper or of his dependants;

(c) there is not in force with respect to the vehicle—

(i) a Minister’s approval certificate issued in pursuance of these Regulations;

(ii) a certificate of conformity;

(iii) a Minister’s approval certificate in a form prescribed by regulation 14 of the 1982 Regulations or regulation 9 of the 1984 Regulations; or

(iv) an EC certificate of conformity; and

(d) not more than one other vehicle which meets the requirements of sub-paragraphs (a), (b) and (c) is kept in the United Kingdom by the keeper.

(2B) In paragraph (2A) the expressions “member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952(3).”

(4) In paragraph (3) for “1st May 1998” there shall be substituted “1st July 1998”.

Amendment of Schedule 1

10.  In Schedule 1 to the principal Regulations after paragraph 3 there shall be inserted paragraph 4 set out in Schedule 1 to these Regulations.

Amendment of Schedules 2 and 3

11.—(1) Schedule 2 shall be amended in accordance with Schedule 2 to these Regulations.

(2) Schedule 3 shall be amended in accordance with Schedule 3 to these Regulations.

Signed by authority of the Secretary of State

Helene Hayman

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

7th April 1998