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The Road Vehicles (Approval) Regulations 2009

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This is the original version (as it was originally made).

Recognition of national type approvals of small series granted in other member States

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26.—(1) A manufacturer may, pursuant to the provisions of Article 23(6) of the Framework Directive (national type approval of small series), apply to the approval authority for recognition of a small series type approval granted to that manufacturer under the law of a member State other than the United Kingdom (a “non-UK type approval”).

(2) An application may not be made under paragraph (1) if an application in respect of the same type of vehicle has been made under regulation 24 and not withdrawn (and may not be proceeded with if an application under that regulation is made later).

(3) Not later than 60 days after receiving from the competent authority in that member State the type approval certificate and its attachments (including a statement of the technical provisions against which the vehicle type was approved), the approval authority must decide whether or not to accept the non-UK type approval.

(4) The type approval must be accepted unless the approval authority has reasonable grounds to believe that the technical provisions under which the approval was granted are not equivalent to those applying in the United Kingdom.

(5) If the approval is accepted the approval authority must, as soon as practicable, notify—

(a)the applicant, and

(b)the competent authority in the member State which granted it.

(6) If the approval is accepted the approval authority must, as soon as practicable, issue a national small series type approval certificate.

(7) For the purposes of this regulation, the approval authority has reasonable grounds to believe that the technical provisions under which the approval was granted are not equivalent to those applying in the United Kingdom if (but not only if) the authority is not satisfied that—

(a)the applicant has made adequate arrangements (including for co-operating with the approval authority and the competent authority in the member State which granted the approval) to ensure that production vehicles, systems, components or separate technical units covered by the non-UK type approval conform to the approved type, or

(b)vehicles supplied in the United Kingdom are constructed for use in left-hand traffic and use imperial units of measurement for the speedometer.

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