The Motor Vehicles (EC Type Approval) Regulations 1998

End of series vehicles for EC type approval

12.—(1) This regulation applies to an EC 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 Framework Directive, and

(b) the Secretary of State is satisfied that it is going to cease to have effect in consequence of the provisions of the Framework Directive or a separate Directive.

(2) Subject to paragraph (3), the Secretary of State may, at the request of the holder of an EC 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, and

(c) this Part of these Regulations,

for the period of 12 months for complete vehicles as from the date on which the EC type approval lost its validity and for the period of 18 months for completed vehicles as from the date on which the EC type approval lost its validity.

(3) A direction under paragraph (2)—

(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(i) the EC type approval is withdrawn under regulation 9(2), or

(ii) the EC type approval is withdrawn under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive, or

(iii) 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 9(6) and (9) and 11.

(4) For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity for 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 an 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 in Part I of Schedule 2.