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The Road Vehicles (Approval) Regulations 2009

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PART 2The Alternative Conditions and Temporary Exemption for the Purposes of Regulation 6

1.  For the purposes of regulation 6—

(a)the alternative conditions are the paragraph 2 conditions, the paragraph 3 conditions and the paragraph 4 conditions,

(b)either the paragraph 2 or the paragraph 3 conditions may be satisfied where the application under section 21 of the 1994 Act relates to a vehicle of any class in category M1 other than a special purpose vehicle, and

(c)the paragraph 4 conditions may be satisfied where the application under section 21 of the 1994 Act relates to a special purpose vehicle in category M1.

2.  The paragraph 2 conditions are that—

(a)the vehicle is manufactured on or after 29th April 2009,

(b)a single vehicle approval certificate was issued before 29th April 2009 in respect of another vehicle of the same type,

(c)a single vehicle approval certificate issued under either—

(i)section 58(4) of the 1988 Act, or

(ii)article 31A(5) of the 1981 Order,

has effect with respect to the vehicle, and

(d)not more than 74 vehicles of the same type manufactured on or after 29th April 2009 have been registered since the commencement of the relevant period.

(2) In this paragraph, “relevant period” means—

(a)where the application is made in 2009, the period commencing on 29th April and ending on 31st December, and

(b)where the application is made after 2009, any period of one year commencing on 1st January.

3.  The paragraph 3 conditions are that—

(a)the vehicle is manufactured on or before 28th April 2009,

(b)a single vehicle approval certificate has effect with respect to the vehicle, and

(c)the application is made not later than 31st December 2009.

4.  The paragraph 4 conditions are that—

(a)the vehicle is manufactured on or before 28th April 2012,

(b)a single vehicle approval certificate has effect with respect to the vehicle, and

(c)the application is made not later than 31st December 2012.

5.  (1)  For the purposes of regulation 6, the temporary exemption applies where—

(a)the application under section 21 of the 1994 Act relates to an existing type of vehicle of a class in category M2 or M3,

(b)the manufacture of that vehicle is completed not later than the relevant date, and

(c)that application is made later than the mandatory existing types date.

(2) In this paragraph “relevant date” means—

(a)in the case of a vehicle manufactured in one stage, 29th July 2010, and

(b)in the case of a vehicle manufactured in more than one stage, 29th July 2011.

6.  In this Part—

“existing type of vehicle” means a vehicle of a type which is (or has been) in production before the mandatory new types date;

“mandatory existing types date”, “mandatory new types date” and “single vehicle approval certificate” have the meanings given in Part 1 of this Schedule.

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