The Motor Vehicles (Approval) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Approval) Regulations 2001 (the “principal Regulations”). The amendments are necessary in connection with the implementation of 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 (OJ No L263, 9.10.2007, p.1), referred to in the Regulations as the “Framework Directive”, which replaces Directive 70/156/EEC. The Framework Directive has been amended by Commission Regulation (EC) No 1060/2008 (OJ No L292, 31.10.2008, p.1).

The principal Regulations provide for the issue of Minister’s approval certificates for single vehicles under section 58 of the Road Traffic Act 1988. They apply to small goods vehicles covered by the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 (S.I. 1982/1271) and to motor cycles and small passenger vehicles covered by the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981).

From April 29th 2009 the new Framework Directive imposes new requirements for the approval of single passenger vehicles in category M₁ other than special purpose vehicles (for which new requirements apply from 29th April 2011). Regulation 4(1) of the principal Regulations is therefore amended by regulation 2(4) to limit their application to M₁ special purpose vehicles. This provision also removes motor cycles and certain light vehicles with 3 and 4 wheels from the scope of the principal Regulations since approval of these is now covered by the Motor Cycles Etc (EC Type Approval) Regulations 1999 (S.I. 1999/2920).

Regulation 2 also replaces references to the 1970 Directive in the principal Regulations with references to the Framework Directive and makes other consequential amendments.

As these Regulations do not in themselves have an impact on the costs of the business, voluntary or public sectors, no Impact Assessment has been produced in relation to them. An Impact Assessment and Transposition Note have been produced in relation to the principal implementing instrument, the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717).