The Road Vehicles (Approval) Regulations 2009

Interpretation: general

3.—(1) In these Regulations—

“1981 Order” means the Road Traffic (Northern Ireland) Order 1981(1);

“1988 Act” means the Road Traffic Act 1988(2);

“1994 Act” means the Vehicle Excise and Registration Act 1994(3);

“1998 Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(4);

“approval authority” means the Secretary of State;

“EC certificate of conformity”, except where otherwise provided, has the same meaning as “certificate of conformity” in Article 3(36) of the Framework Directive;

“EC type approval”, except where otherwise provided, means—

(a)

type approval for a vehicle pursuant to Article 9 or 22 of the Framework Directive, including any amendments to that approval (“EC vehicle type approval”), or

(b)

type approval for a system, component or separate technical unit pursuant to Article 10 of the Framework Directive, including any amendments to that approval (“EC system, component or separate technical unit type approval”);

“EC type approval (small series)” means EC vehicle type approval pursuant to Article 22 of the Framework Directive (vehicles to be registered, sold or put into service in any year within the quantitative limits set out in Section 1 of Part A of Annex XII);

“final supplier”, in relation to a trailer, means the person who carries on a business of supplying trailers to end-users;

“Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(5);

“holder”, in relation to an EC or national small series type approval, includes a manufacturer;

“individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by these Regulations (and “individual approval certificate” means a certificate issued under regulation 27(10));

“manufacturer” has the meaning given by Article 3(27) of the Framework Directive, as read with Article 5, and includes a manufacturer’s representative;

“national small series type approval” means type approval for vehicles to be registered, sold or put into service in any year within the quantitative limits specified in Section 2 of Part A of Annex XII to the Framework Directive (and “national small series type approval certificate” means a certificate issued under regulation 25(3));

“national small series certificate of conformity” means a certificate issued under regulation 25(10);

“prescribed fee” means a fee prescribed under the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999(6) or the Road Vehicles (Individual Approval) (Fees) Regulations 2009(7);

“regulatory act” means (subject to paragraph (3))—

(a)

any Community instrument listed in a table in Part I of Annex IV or in Annex XI to the Framework Directive, and

(b)

any UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive;

“road” has the meaning given—

(a)

as respects Great Britain, in section 192(1) of the 1988 Act(8), and

(b)

as respects Northern Ireland, in article 2(2) of the 1981 Order;

“supply”, in relation to a system, component or separate technical unit or to a trailer, includes—

(a)

sale,

(b)

offer to sell or to supply, and

(c)

exposure for sale;

“type approval” means the process of certification that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative and technical requirements imposed by, or pursuant to, the Framework Directive.

(2) The following expressions have the same meanings respectively as in Article 3 of the Framework Directive—

“component”,

“EC type approval certificate”,

“separate technical unit”, and

“system”.

(3) Any reference in these Regulations (however expressed) to a requirement contained in a regulatory act is to be construed as provided in Schedule 2.

(1)

S.I. 1981/154 (N.I.1).

(2)

1988 c.52.

(3)

1994 c.22.

(4)

S.I.1998/2051.

(5)

OJ No L263, 9.10.2007, p.1. The Directive was amended by Commission Regulation (EC) No 1060/2008 of 7 October 2008 replacing Annexes I, III, IV, VI, VII, XI and XV (OJ No L292, 31.10.2008, p.1).

(6)

S.I.1999/2149, amended by S.I.2003/2258, 2004/2106, 2006/1638 and 2009/719.

(7)

S.I. 2009/718.

(8)

The relevant amendment is by the Road Traffic Act 1991, Schedule 4, paragraph 78.