The Motor Vehicles (Approval) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Approval) Regulations 2001 (S.I. 2001/25).

Regulation 3 transfers the definition of a disabled person’s vehicle from Schedule 2 to Regulation 3 of the Regulations.

Regulation 4 substitutes a new paragraph for paragraph 5(2) of the Regulations, the effect of which is to remove the requirement of vehicles which have complied with the items in Schedule 4, from having to comply with the requirements of the items of the same subject matter in Schedule 3 (apart from item 10 in relation to disabled person’s vehicles and vehicles that have been adapted to category M1). Regulation 4 also substitutes a new paragraph for paragraph 5 (8) of the Regulations, to recognise certificates granted in accordance with the Northern Ireland single vehicle approval regime. A new paragraph (8A) has also been inserted to update the regulation relating to mutual recognition of equivalent standards in other EEA States.

Regulation 5 makes a minor corrective change and amends the requirement by which an applicant can request a further examination in respect of a further application.

Regulation 6 substitutes a new table into regulation 11.

Regulation 7 amends Schedule 2 of the Regulations. Disabled person’s vehicles are excluded from the meaning of “Schedule 2 vehicle” and will now be subject to the requirements in Schedule 4. Paragraph 2 of Schedule 2 is also amended, the effect of which is that a serving member of the Armed Forces will now be able to qualify as a personal importer, even if the vehicle has not been imported into the United Kingdom.

Regulation 8 substitutes a revised Schedule 3 into the Regulations. Various deregulatory, consequential and corrective changes are made to the Schedule on points of detail.

Regulation 9 substitutes a revised Schedule 4 into the Regulations. As Disabled person’s vehicles will now be subject to the Schedule 4 requirements, a number of consequential amendments have been made, together with other deregulatory and corrective changes on points of detail.

Regulation 10 substitutes a new certificate into the Regulations.

Regulation 11 updates the Schedule 6 list of Community Instruments and ECE Regulations.

These Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

A regulatory impact assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/03, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone [phone]). A copy has been placed in the Library of each House of Parliament.