The Road Vehicles (Approval) Regulations 2009

Unsafe or harmful vehicles and vehicle parts

Powers of the approval authority where a vehicle is a serious risk to road safety, etc

21.—(1) Where the approval authority considers that vehicles with respect to which an EC type approval has effect are a serious risk to road safety or seriously harm the environment or public health, the authority may direct that for a specified period not exceeding six months all EC certificates of conformity issued under that EC type approval (whether before or after the giving of the direction) shall be invalid for the purposes of Part 2 of these Regulations.

(2) A direction under this regulation may be revoked by the approval authority.

(3) The approval authority must give notice of a direction under this regulation to the holder of the EC type approval.

(4) If, following a request by the holder, the approval authority refuses to exercise the powers under paragraph (2) in relation to a direction given under this regulation, the authority must give notice of that decision to the holder.

Parts and equipment which may pose a significant risk to the correct functioning of essential systems

22.—(1) A manufacturer of a part or equipment included in the list established under Article 31 of, and Annex XIII to, the Framework Directive (parts and equipment capable of posing a significant risk to the correct functioning of essential systems) must not permit that part or equipment to be sold or enter into service unless first authorised to do so by—

(a) the approval authority in accordance with this regulation, or

(b) the authority in a member State other than the United Kingdom corresponding to the approval authority.

(2) The manufacturer must send to the approval authority an application for approval and a test report drafted by a designated technical service which comply with Article 31(5) of the Framework Directive.

(3) The approval authority must issue a certificate of authorisation to the manufacturer as soon as reasonably possible authorising the sale or entry into service of those parts or equipment if the authority is satisfied that—

(a) the parts or equipment referred to in the application comply with the requirements established under Article 31(4) of the Framework Directive, and

(b) the manufacturer has in place suitable arrangements for ensuring effective control of the conformity of production of those parts or equipment.

(4) A manufacturer who holds a certificate of authorisation must—

(a) ensure that the part or equipment is produced under the conditions under which the certificate is issued,

(b) inform the approval authority without delay of any change in those conditions, and

(c) ensure that each part or piece of equipment which is sold or enters into service is marked in accordance with Article 31(6) of the Framework Directive.

(5) If the approval authority believes that a part or equipment no longer complies with the conditions under which the certificate of authorisation was issued the authority may—

(a) withdraw the certificate of authorisation, or

(b) require the manufacturer to bring the part or equipment back into conformity with those conditions.

(6) If required to do so by the approval authority under paragraph (5)(b), the manufacturer must take any necessary measures to ensure that the part or equipment in question is brought back into conformity with the conditions under which the certificate of authorisation was issued.

Recall of vehicles

23.—(1) A manufacturer must inform the approval authority immediately if Article 32(1) of the Framework Directive (recall of vehicles in application of a regulatory act or of Council Directive 2001/95/EC(1)) applies to that manufacturer.

(2) Where paragraph (1) applies, the manufacturer must propose to the approval authority a set of appropriate remedies in accordance with Article 32(2) of the Framework Directive.

(3) The approval authority may withdraw an EC vehicle type approval if, following an investigation, the authority is not satisfied that the manufacturer has proposed effective remedies or, having proposed them, is not implementing them effectively.

(4) Where the approval authority is considering withdrawal of the EC vehicle type approval under paragraph (4) of this regulation, paragraphs (5) and (6) of regulation 19 apply as if the approval authority were considering withdrawal of the approval under that regulation.

(5) This regulation also applies to vehicle parts that are not subject to any requirement under a regulatory act.

(1)

Directive of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ No L11, 15.1.2002, p.4).