The Motor Cycles Etc. (EC Type Approval) Regulations 1999

Amendment of the 1988 Act

1.  The 1988 Act shall be amended as follows.

2.—(1) In the side note to section 64A (failure to hold EC certificate of conformity for unregistered light passenger vehicle), after “light passenger vehicle” insert “or motor cycle”.

(2) In subsection (1) of that section, after “light passenger vehicle” insert “or a vehicle to which the motorcycle type approval Directive applies”.

(3) In subsection (2) of that section for “the use of a vehicle” substitute “the use of a light passenger vehicle”.

(4) After subsection (2) of that section insert–

“(2A) A person shall not be convicted of an offence under this section in respect of the use of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.”

(5) At the end of that section add–

“(6) In the application of this section to a vehicle to which the motorcycle type approval Directive applies, any reference to a member State includes a reference to an EEA State.”

3.—(1) In the side note to section 65A (light passenger vehicle not to be sold without EC certificate of conformity), after “light passenger vehicles” insert “and motor cycles”.

(2) In subsection (1) of that section, after “light passenger vehicle” insert “or a vehicle to which the motorcycle type approval Directive applies”.

(3) In subsection (3) of that section for “the supply of a vehicle” substitute “the supply of a light passenger vehicle”.

(4) After subsection (3) of that section insert–

“(3A) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.”

(5) At the end of that section add–

“(8) In the application of this section to a vehicle to which the motorcycle type approval Directive applies, any reference to a member State includes a reference to an EEA State.”

4.—(1) Section 85 (interpretation of Part II) shall be amended as follows.

(2) In the definition of “EC certificate of conformity”–

(a) after “means” insert–

“(a) in the case of a light passenger vehicle,”; and

(b) at the end add–

“(b) in the case of a vehicle to which the motorcycle type approval Directive applies, any certificate of conformity issued by a manufacturer under regulation 8(1) of the Motor Cycles Etc. (EC Type Approval) Regulations 1999 or under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7(1) of the motorcycle type approval Directive;”.

(3) After that definition insert–

““EEA Agreement” means 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(1);

“EEA State” means a state which is a contracting Party to the EEA Agreement;”.

(1)

Cmnd 2073 and 2183.