The Road Vehicles (Approval) Regulations 2009

PART 1PRELIMINARY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Road Vehicles (Approval) Regulations 2009 and come into force on 29th April 2009.

(2) These Regulations extend to Northern Ireland.

Revocation

2. The instruments listed in Schedule 1 are revoked.

Interpretation: general

3.—(1) In these Regulations—

“1981 Order” means the Road Traffic (Northern Ireland) Order 1981(1);

“1988 Act” means the Road Traffic Act 1988(2);

“1994 Act” means the Vehicle Excise and Registration Act 1994(3);

“1998 Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(4);

“approval authority” means the Secretary of State;

“EC certificate of conformity”, except where otherwise provided, has the same meaning as “certificate of conformity” in Article 3(36) of the Framework Directive;

“EC type approval”, except where otherwise provided, means—

(a)

type approval for a vehicle pursuant to Article 9 or 22 of the Framework Directive, including any amendments to that approval (“EC vehicle type approval”), or

(b)

type approval for a system, component or separate technical unit pursuant to Article 10 of the Framework Directive, including any amendments to that approval (“EC system, component or separate technical unit type approval”);

“EC type approval (small series)” means EC vehicle type approval pursuant to Article 22 of the Framework Directive (vehicles to be registered, sold or put into service in any year within the quantitative limits set out in Section 1 of Part A of Annex XII);

“final supplier”, in relation to a trailer, means the person who carries on a business of supplying trailers to end-users;

“Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(5);

“holder”, in relation to an EC or national small series type approval, includes a manufacturer;

“individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by these Regulations (and “individual approval certificate” means a certificate issued under regulation 27(10));

“manufacturer” has the meaning given by Article 3(27) of the Framework Directive, as read with Article 5, and includes a manufacturer’s representative;

“national small series type approval” means type approval for vehicles to be registered, sold or put into service in any year within the quantitative limits specified in Section 2 of Part A of Annex XII to the Framework Directive (and “national small series type approval certificate” means a certificate issued under regulation 25(3));

“national small series certificate of conformity” means a certificate issued under regulation 25(10);

“prescribed fee” means a fee prescribed under the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999(6) or the Road Vehicles (Individual Approval) (Fees) Regulations 2009(7);

“regulatory act” means (subject to paragraph (3))—

(a)

any Community instrument listed in a table in Part I of Annex IV or in Annex XI to the Framework Directive, and

(b)

any UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive;

“road” has the meaning given—

(a)

as respects Great Britain, in section 192(1) of the 1988 Act(8), and

(b)

as respects Northern Ireland, in article 2(2) of the 1981 Order;

“supply”, in relation to a system, component or separate technical unit or to a trailer, includes—

(a)

sale,

(b)

offer to sell or to supply, and

(c)

exposure for sale;

“type approval” means the process of certification that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative and technical requirements imposed by, or pursuant to, the Framework Directive.

(2) The following expressions have the same meanings respectively as in Article 3 of the Framework Directive—

“component”,

“EC type approval certificate”,

“separate technical unit”, and

“system”.

(3) Any reference in these Regulations (however expressed) to a requirement contained in a regulatory act is to be construed as provided in Schedule 2.

Interpretation of expressions relating to vehicles

4.—(1) In these Regulations, the following expressions relating to vehicles have the following meanings—

“ambulance” has the same meaning as in paragraph 5.3 of Part A of Annex II to the Framework Directive;

“armoured vehicle” has the same meaning as in paragraph 5.2 of Part A of Annex II to the Framework Directive;

“complete vehicle”, “completed vehicle” and “incomplete vehicle” have the same meanings respectively as in Article 3 of the Framework Directive;

“converter dolly” means a trailer which is—

(a)

equipped with two or more wheels,

(b)

designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and

(c)

not in itself part of the semi-trailer or the drawing vehicle when being so used;

“hearse” has the same meaning as in paragraph 5.4 of Part A of Annex II to the Framework Directive;

“large trailer” means a trailer constructed or adapted for the carriage of goods and which is—

(a)

a semi-trailer of any weight, or

(b)

a trailer other than a semi trailer or converter dolly the unladen weight of which exceeds 1020 kilogrammes,

and which is not a vehicle of a description listed in Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988(9) or Schedule 2 to the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003(10);

“mobile machinery” means any self-propelled vehicle which is designed and constructed specifically to perform work, which, because of its construction characteristics, is not suitable for carrying passengers or for transporting goods (but does not include machinery mounted on a motor vehicle chassis);

“motor caravan” has the same meaning as in paragraph 5.1 of Part A of Annex II to the Framework Directive;

“motor vehicle” means any power-driven vehicle designed and constructed for use on a road which—

(a)

is moved by its own means,

(b)

has at least four wheels,

(c)

has a maximum design speed exceeding 25 kilometres per hour, and

(d)

is an incomplete, complete or completed vehicle;

“other special purpose vehicle” means a special purpose vehicle other than a vehicle of a kind defined in paragraph 5 of Part A of Annex II to the Framework Directive;

“relevant vehicle” means—

(a)

a vehicle to which these Regulations apply, or

(b)

where a part only of these Regulations applies, a vehicle to which that part applies;

“semi-trailer” means a trailer which is constructed or adapted to form part of an articulated vehicle;

“special purpose vehicle” means a vehicle intended to perform a function which requires special body arrangements or equipment or both such arrangements or equipment (and includes a wheelchair accessible vehicle);

“small trailer” means a trailer which is not a large trailer;

“trailer” means a non-self-propelled vehicle on wheels which is designed and constructed to be towed by a motor vehicle; and

“vehicle” means a motor vehicle or a trailer;

“wheelchair accessible vehicle” has the meaning given in paragraph 5.5 of Part A of Annex II to the Framework Directive.

(2) In these Regulations expressions relating to vehicle categories are to be construed in accordance with Annex II to the Framework Directive.

Scope of the Regulations

5.—(1) These Regulations apply to—

(a)vehicles designed and constructed in one or more stages for use on a road,

(b)systems, components and separate technical units designed and constructed for those vehicles, and

(c)parts and equipment intended for those vehicles,

but subject to paragraphs (2) to (7).

(2) These Regulations do not apply to—

(a)agricultural or forestry tractors, as defined in Directive 2003/37/EC of the European Parliament and Council(11) and trailers and interchangeable towed machinery designed and constructed specifically to be towed by them (including their systems, components and separate technical units);

(b)quadricycles as defined in Directive 2002/24/EC of the European Parliament and Council(12);

(c)tracked vehicles;

(d)old vehicles (including systems, components and separate technical units designed and manufactured specifically for them).

(3) Where paragraph (4) applies, all regulations except regulations 6 to 11 apply to the following vehicles to the extent that they fall within the requirements of the Framework Directive and not within those of the Machinery Directive—

(a)vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(b)vehicles designed and constructed for use by the armed services, a fire and rescue authority, a person or body responsible for civil defence or the forces responsible for maintaining public order; and

(c)mobile machinery.

(4) This paragraph applies where—

(a)a person voluntarily makes an application under regulation 12, 24 or 27 in respect of an individual vehicle or type of vehicle described in paragraph (3), and

(b)in the case of an application under regulation 27, at the date of that application—

(i)the vehicle has not been registered under the 1994 Act, or

(ii)if the vehicle is not so registrable, no EC certificate of conformity or national small series certificate of conformity has effect with respect to the vehicle for the purposes of Part 2 and it has not been put into service on the road.

(5) Where paragraph (6) applies, these Regulations apply—

(a)with the exception of regulations 7 to 26, 28(1) and (3) and 29 to 32, to vehicles intended exclusively for racing on roads;

(b)with the exception of regulations 6 to 25 and 29 to 31, to prototypes of vehicles which have been specially designed and constructed for use on the road under the responsibility of a manufacturer for the purpose of performing a specific test programme.

(6) This paragraph applies where—

(a)a person voluntarily makes an application under regulation 27 in respect of a vehicle described in paragraph (5), and

(b)at the date of that application—

(i)the vehicle has not been registered under the 1994 Act, or

(7) Part 1 of Schedule 3 has effect for determining the date on which, and the circumstances in which, these Regulations have effect (or a specified part of them has effect) with respect to different categories of vehicle.

(8) In this regulation—

“armed services” means the naval, military or air forces of the Crown and includes the reserve forces;

“civil defence” means plans and arrangements for civil protection made under Part 1 of the Civil Contingencies Act 2004(13);

“fire and rescue authority”—

(a)

has the same meaning—

(i)

in England and Wales, as in section 1 of the Fire and Rescue Services Act 2004(14);

(ii)

in Scotland, as in section 1(1) of the Fire (Scotland) Act 2005(15); and

(b)

in Northern Ireland means the Northern Ireland Fire and Rescue Service Board established by the Fire and Rescue Services (Northern Ireland) Order 2006(16);

“Machinery Directive” means Directive 2006/42/EC of the European Parliament and of the Council of 17th May 2006 on machinery(17);

“old vehicle” means—

(a)

a vehicle of a class in category M₁ or N₁ the manufacture of which is completed more than 10 years before the date on which an application described in regulation 6(1) or (2) is made, and

(b)

a vehicle of a class in category N₂ or N₃ the manufacture of which is completed more than 25 years before the date on which an application described in regulation 6(1) or (2) is made.

(1)

S.I. 1981/154 (N.I.1).

(2)

1988 c.52.

(3)

1994 c.22.

(4)

S.I.1998/2051.

(5)

OJ No L263, 9.10.2007, p.1. The Directive was amended by Commission Regulation (EC) No 1060/2008 of 7 October 2008 replacing Annexes I, III, IV, VI, VII, XI and XV (OJ No L292, 31.10.2008, p.1).

(6)

S.I.1999/2149, amended by S.I.2003/2258, 2004/2106, 2006/1638 and 2009/719.

(7)

S.I. 2009/718.

(8)

The relevant amendment is by the Road Traffic Act 1991, Schedule 4, paragraph 78.

(9)

S.I. 1988/1478. The relevant amendments are by S.I. 1990/448, 1991/252, 1995/1456, 2001/307, 2002/487 and 2005/2343.

(10)

S.R.(N.I.) 2003 No. 304, amended by S.R.(N.I.) 2004 No 47 and 2006 No 495.

(11)

OJ No L171, 9.7.2003, p.1.