The Motor Vehicles (Approval) (Amendment) Regulations 2009

Amendment of the principal Regulations

2.—(1) The Motor Vehicles (Approval) Regulations 2001(1) are amended as provided in paragraphs (2) to (9).

(2) In regulation 3(1) (interpretation)—

(a) for the definition of “the 1970 Directive” substitute—

““the 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(2);”;

(b) for the definition of “category” substitute—

““category” has the same meaning as in the Framework Directive;”;

(c) omit the definition of “EEA State”;

(d) for the definition of “family of types” substitute—

““family of types” means two or more types of vehicle which do not differ in the following essential respects–

(a)

the manufacturer,

(b)

the category,

(c)

essential aspects of construction and design,

(d)

the chassis or floor pan,

(e)

the type of power plant (namely internal combustion, electric or hybrid), and

(f)

the number of axles;”.

(3) In regulation 3(2), for “Annex IIA of the 1970 Directive” substitute “Annex II to the Framework Directive”.

(4) In regulation 4 (application of regulations), for paragraph (1) substitute—

“(1) These Regulations apply to—

(a) every motor vehicle within category M1 which is a special purpose vehicle within the meaning of Annex II to the Framework Directive, and

(b) every motor vehicle to which the 1982 Regulations(3) apply which—

(i) has a design gross weight not exceeding 3500 kg, or

(ii) complies with the requirements specified in paragraph (2).”.

(5) In regulation 5 (approval requirements for relevant vehicles), for paragraph (7) substitute—

“(7) Where a provision of any Community instrument or ECE Regulation is applied by Schedule 4, that provision shall (unless the contrary intention appears) have effect in relation to a goods vehicle as it has effect in relation to a vehicle of category N1.”.

(6) In regulation 5(8A), for “EEA State” substitute “member State”.

(7) Omit regulation 6(8).

(8) In Schedule 2, in paragraph 1 (meaning of “Schedule 2 vehicles”), for “Annex IIA of the 1970 Directive” in each place where the words occur substitute “Annex II to the Framework Directive”.

(9) In Schedule 3 (approval requirements for relevant vehicles), in column 4 of item 6, for “Annex IIA of the 1970 Directive” substitute “Annex II to the Framework Directive”.

(1)

S.I. 2001/25. Amended by S.I. 2004/623.

(2)

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

(3)

I.e. the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 (S.I. 1982/1271).