The Road Vehicles (Approval) Regulations 2009

Conditions relating to motor vehicles

Grant of first licence or registration of motor vehicles

6.—(1) Where a person makes an application under section 21 of the 1994 Act for—

(a)the issue of a first vehicle licence for a motor vehicle which is a relevant vehicle, or

(b)the issue of a first nil licence for a motor vehicle which is a relevant vehicle,

the licence must not be granted unless a relevant condition is satisfied or the temporary exemption applies.

(2) Where a person makes an application under section 21 of the 1994 Act for the registration, before the issue of a first licence, of a motor vehicle which is a relevant vehicle the vehicle must not be registered unless a relevant condition is satisfied, or the temporary exemption applies.

(3) A “relevant condition” is—

(a)one of the principal conditions, or

(b)where the alternative conditions may be satisfied, any of those conditions.

(4) The principal conditions are that—

(a)an appropriate EC certificate of conformity has effect with respect to the vehicle;

(b)an appropriate national small series certificate of conformity has effect with respect to the vehicle;

(c)an appropriate individual approval certificate has effect with respect to the vehicle.

(5) Part 2 of Schedule 3—

(a)specifies when the alternative conditions may be satisfied,

(b)prescribes those conditions, and

(c)specifies where the temporary exemption applies.

(6) Subject to paragraph (7), for the purposes of this Part a certificate of conformity of any kind has effect if—

(a)it is issued in respect of—

(i)a type approval which, at the appropriate date, is valid for the vehicle in question, or

(ii)an end-of-series vehicle, and

(b)it is not issued in contravention of Article 18(6) of the Framework Directive or regulation 25(10) (limitation on putting into service of vehicles covered by small series type approvals).

(7) An EC certificate of conformity also has effect for the purposes of this Part if—

(a)the vehicle to which it relates was first put into service in a member State other than the United Kingdom,

(b)it was issued in respect of an EC type approval which was valid on the date on which the vehicle was first put into service, and

(c)it shows that the vehicle was constructed for use in left-hand traffic and that it uses imperial units of measurement for the speedometer.

(8) In this regulation—

appropriate date” means, as the case may be, the date of—

(a)

the application under section 21 of the 1994 Act for the registration or the issue of a first licence for a vehicle,

(b)

notification under regulation 7(1) or,

(c)

supply of a small trailer for use on a road;

EC certificate of conformity” includes, as well as any certificate of conformity within the meaning of Article 3(36) of the Framework Directive—

(a)

a certificate of conformity issued in accordance with regulation 5 of the 1998 Regulations, and

(b)

a certificate of conformity issued under the law of a member State other than the United Kingdom in accordance with Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member states relating to the type approval of motor vehicles and their trailers(1);

end-of-series vehicle” means a vehicle which is an “end-of-series vehicle” for the purposes of regulation 31 or 32.

(1)

OJ No. L42, 23.2.1970, p.1, repealed by the Framework Directive. The relevant amendments are by Council Directive 92/53/EEC of 18 June 1992 (OJ No L225, 10.8.92, p.1) and Commission Directive 98/14/EC of 6 February 1998 (OJ No L91, 25.3.1998, p.1).