The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2009

Fees – examination of a vehicle under the national small series type approval scheme

4.  After regulation 5, insert—

“Fees – examination of a vehicle under the national small series type approval scheme

5A.— (1) In this regulation, “vehicle type approval certificate” means a type approval certificate issued under regulation 25(3) of the Approval Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).

(2) Expressions used in this regulation or in Part III of Schedule 1 which are also used in the Framework Directive have the same meaning as in that Directive and cognate expressions shall be construed accordingly.

(3) Subject to paragraphs (6) and (7), the fees prescribed for the purposes of regulation 24(3)(b)(ii) of the Approval Regulations for—

(a) the examination of a vehicle; and

(b) administrative work (other than the issue of the vehicle type approval certificate),

with a view to the issue of such a certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).

(4) Where the application under regulation 24(1) of the Approval Regulations is for the issue of a vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in the appropriate table in Part III of Schedule 1.

(5) Where—

(a) the application is for a vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and

(b) the examination is not as complete and exhaustive as would otherwise be required,

the fees shall be such proportion of the relevant sums specified in the appropriate table in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.

(6) Where in the case of an examination of a vehicle with a view to the issue of a vehicle type approval certificate—

(a) it has been found impossible to complete the examination satisfactorily;

(b) the vehicle has been found not to comply in all aspects with the relevant approval requirements; or

(c) a vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,

and a further, but partial, examination of the vehicle is required before the vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.

(7) Where, in relation to an application for a vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.

(8) This regulation is subject to regulations 19 and 20.”.