The Road Vehicles (Approval) Regulations 2009

Withdrawal or suspension of EC type approval

19.—(1) In this regulation a reference to a failure to conform to an approved type is to be construed in accordance with Article 30(2) of the Framework Directive.

(2) The approval authority may withdraw or suspend an EC vehicle type approval by notice to the holder of that approval where, following examination of vehicles associated with a single EC vehicle type approval granted by the authority, the authority is satisfied that two or more of those vehicles—

(a) are accompanied by certificates of conformity issued in respect of that approval, and

(b) fail to conform to the approved type.

(3) The approval authority may withdraw or suspend an EC system, component or separate technical unit type approval by notice to the holder of that approval where, following examination of systems, components or separate technical units associated with a single EC system, component or separate technical unit type approval granted by the authority, the authority is satisfied that two or more of those systems, components or separate technical units—

(a) bear an EC type approval mark issued in respect of that approval or, not being required by the relevant regulatory acts to bear a type approval mark, have been supplied for use in a vehicle on a road, and

(b) fail to conform to the approved type.

(4) If, as a result of the approval authority carrying out (with or without the co-operation of another member State) the obligations of the United Kingdom under Article 12(2) of the Framework Directive in respect of an EC type approval which the approval authority has issued, the authority is satisfied that—

(a) the arrangements made by the holder of the approval for ensuring that production vehicles, systems, components or separate technical units conform to the approved type no longer continue to be adequate, or

(b) the holder has otherwise failed to comply with a requirement imposed on the holder of an approval by or under regulations 12 and 14 to 17,

the approval authority may suspend the EC type approval by notice given to the holder.

(5) If the approval authority is considering withdrawing or suspending an EC type approval the authority must give the holder of the approval notice of that.

(6) Where the approval authority gives notice to the holder under paragraph (5)—

(a) the holder may, within the period of 28 days beginning with the day on which the notice is given, make representations concerning the proposed withdrawal or suspension,

(b) the approval authority must not make a decision on the withdrawal or suspension of the approval until that period has expired, and

(c) before deciding whether or not to withdraw or suspend the approval, the approval authority must take into account any representations made by the holder during that period.

(7) If the holder of an EC type approval which has been withdrawn or suspended under this regulation purports by virtue of that approval to—

(a) issue an EC certificate of conformity with respect to a vehicle, or

(b) affix an EC type approval mark to a system, component or separate technical unit,

the certificate or mark is invalid but a suspension does not affect the validity of any certificate of conformity issued before the approval was suspended.

(8) A suspension remains in force until it is revoked by the approval authority.

(9) The approval authority may, by notice under paragraph (5) or by subsequent notice given to the holder, exempt from paragraph (7) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.

(10) If, following a request by the holder, the approval authority refuses to exercise powers under paragraphs (8) or (9) in respect of an EC type approval which has been suspended under this regulation, the authority must give notice of that decision to the holder.

(11) The approval authority must—

(a) inform other member States of measures the authority has taken under this regulation;

(b) comply with the obligations imposed on a member State (or the approval authority of that State) by paragraphs 1, 3, 4 and 5 of Article 30 of the Framework Directive (vehicles, etc, not in conformity with the approved type).

(12) For the purposes of this regulation—

(a) a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity relating to that type approval has been issued in respect of that vehicle, and

(b) a system, component or separate technical unit is associated with an EC system, component or separate technical unit type approval if it bears an EC type approval mark which relates to that type approval.