The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to primary legislation consequential upon the transposition 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, “the new Framework Directive”). They also make minor amendments to the Road Traffic Act 1988 consequent on the extension to the European Economic Area of the application of Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (the “tractor type approval Directive”).

Regulation 2 amends section 6 of the Public Passenger Vehicles Act 1981 by providing that a vehicle having more than 8 passenger seats may be used as a public service vehicle (PSV) if it conforms to a type approved or is individually approved, in accordance with the new Framework Directive, under the Road Vehicles (Approval) Regulations 2009 (“the Approval Regulations”). This replaces the existing option of approval under the Road Traffic Act 1988. The 1981 Act is further amended to provide that, after the date when approval under the Approval Regulations becomes mandatory for a particular type of PSV, new vehicles of that type must be so approved while other vehicles may be used as PSVs if they are covered by certificates issued under the 1981 Act.

Regulation 3 amends the Road Traffic Act 1988 by removing light passenger vehicles from the scope of sections 64A and 65A and making other minor and consequential changes to those sections and sections 85 and 86 for the purposes of the new Framework and tractor type approval Directives. Section 64A makes it an offence to use on a road a vehicle of a specified type (including light passenger vehicles, motor cycles and tractors) if it is neither registered under the Vehicle Excise and Registration Act 1994 nor type approved in accordance with the provisions of the relevant Directive. Section 65A makes it an offence to sell or offer for sale such a vehicle. The Approval Regulations make provision for enforcement of the type approval requirements of the new Framework Directive by prohibiting the registration of non-compliant vehicles and providing for enhanced powers of entry and inspection of premises to monitor compliance.

A “light passenger vehicle” is a vehicle falling within category M₁ as previously defined in Directive 1970/156/EEC and redefined with minor alterations in the new Framework Directive which replaces it. The tractor type approval Directive applies to agricultural and horticultural tractors.

Regulation 4 makes incidental repeals.

A full Impact Assessment of the effect this and other instruments implementing the new Framework Directive will have on the costs of the business, voluntary and public sectors has been produced and is available from the Transport Technology and Standards Division, Department for Transport, Zone 2/01 Great Minster House, 76 Marsham Street, London SW1P 4DR or may be accessed via the Department’s website at www.dft.gov.uk. A copy has been placed in the library of each House of Parliament.

A Transposition Note is also available and may be accessed as above.

A copy of the new Framework Directive and the tractor type approval Directive may be obtained from the Office of Public Sector Information and both may be viewed in the Official Journal of the European Union via the EU website at http://europa.eu.int/eur-lex.