The Tractor etc (EC Type-Approval) (Amendment) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Tractor etc (EC Type-Approval) Regulations 2005 (“the 2005 Regulations”) and revoke the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 and amending Regulations.

Regulation 3 amends the definition of “separate directive” in regulation 2(1) of the 2005 Regulations so that a reference to a separate directive is a reference to a separate directive as amended by Community instruments that are in force on the date of the making of these Regulations. It also amends the definition of “the Tractor Type Approval Directive” in regulation 2(1) of the 2005 Regulations so that any reference to Directive 2003/37/EC, being the Tractor Type Approval Directive, is, for the purposes of the 2005 Regulations, a reference to that Directive as amended by Directives 2005/13/EC and 2005/67/EC.

Regulation 4 adds paragraph (1A) to regulation 5 of the 2005 Regulations. This new paragraph provides that in deciding whether to grant or amend type-approval under that regulation, the UK type-approval authority shall make any decision in accordance with the Tractor Type Approval Directive and any relevant separate directive. Given the amendments made by regulation 3, the effect of this new paragraph is that the UK type-approval authority is required to make its decision in accordance with those directives as amended by any Community instruments in force on the date of the making of these Regulations.

In making these amendments to the 2005 Regulations, these Regulations transpose Directives 2005/13/EC, 2005/67/EC and 2006/26/EC in so far as they relate to the EC Type-Approval scheme for tractors.

Regulation 5 revokes the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 and amending Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, in so far as the costs arise in relation to transposing 2005/13/EC, is available from the Vehicle Certification Agency, 1 Eastgate Office Centre, Eastgate Road, Bristol BS5 6XX (telephone number: 01179 524119). A copy has been placed in the library of each House of Parliament.

Copies of the Directives referred to in these Regulations may be obtained from the Office of Public Sector Information.