The Road Vehicles (Approval) Regulations 2009

Other miscellaneous provisions

Duplicate certificates

38.—(1) If an EC certificate of conformity, a national small series certificate of conformity or an individual approval certificate is lost or defaced, the owner or keeper of the vehicle to which the certificate relates may apply for a duplicate certificate—

(a) in the case of an EC or national small series certificate of conformity, to the manufacturer by whom the original was issued, and

(b) in the case of an individual approval certificate, to the approval authority.

(2) Where a certificate has been lost, the application for a duplicate must include—

(a) particulars of the vehicle or vehicle part to which the certificate related, and

(b) either the serial number of the original certificate or such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.

(3) Where a certificate has been defaced, the application for a duplicate must be accompanied by—

(a) the defaced certificate, and

(b) (if the serial number of that certificate is no longer legible) by such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.

(4) A duplicate certificate must be marked “Duplicate”.

(5) A manufacturer to whom an application for a duplicate certificate is made under paragraph (1)(a) may not unreasonably refuse to issue the duplicate but may charge a reasonable fee for so doing.

(6) Every application under paragraph (1)(b) for a duplicate certificate must be accompanied by the prescribed fee (if any).

(7) In this regulation, “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 (as amended).

Service of notices

39.—(1) Any document required or authorised by virtue of these Regulations to be given to any person by the approval authority may be given—

(a) by delivering it to that person or by leaving it at that person’s proper address,

(b) by sending it by registered or recorded delivery post to that person at that address, or

(c) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) or (b) on the secretary, clerk or principal officer of that body,

(d) if the person is a partnership, by serving it in accordance with sub-paragraph (a) or (b) on a partner or a person having the control or management of the partnership business, or

(e) by means of any form of electronic communication agreed with the person to whom it is to be sent.

(2) For the purposes of paragraph (1), and of section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this regulation, the proper address of a person is—

(a) in the case of an individual, that person’s last known address,

(b) in the case of the secretary, clerk or principal officer of a body corporate, the address of the registered office of the body or its principal office in the United Kingdom,

(c) in the case of a partner in, or a person having the control or management of, a partnership, it is the address of the principal office of the partnership in the United Kingdom,

but subject to paragraph (3).

(3) If a person to be served by virtue of these Regulations with any document by the approval authority has notified the approval authority of an address within the United Kingdom other than that person’s proper address at which that person, or another acting on that person’s behalf, will accept service of any document of that description, that address is the person’s proper address.

Provision of testing stations

40.  The approval authority may provide and maintain stations where examinations of vehicles and of components of such vehicles to which these Regulations apply may be carried out for the purposes of these Regulations and may provide and maintain apparatus for carrying out such examinations.

Designation of technical services

41.  Where the approval authority designates a technical service the authority must comply with the requirements of Articles 41 to 43 of the Framework Directive.

Saving for applications made under the 1998 Regulations

42.  An application for an EC type approval made under the 1998 Regulations before the coming into force of these Regulations has effect as if it had been made under these Regulations.

(1)

1978 c.30.