http://www.legislation.gov.uk/uksi/2018/235/introduction/made

The Motorcycles (Type-Approval) Regulations 2018

King's Printer of Acts of Parliament

2018-02-26

ROAD TRAFFIC

These Regulations make provision in connection with Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ No L 60, 2.3.2013, p.52) “the Motorcycles Regulation”. In particular, they—appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the Motorcycles Regulation (regulations 3 and 4)specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)require the holder of a type-approval to retain certain records (regulation 7)derogate from the requirements of the Motorcycles Regulation in respect of components or separate technical units which have been exempted from one or more provisions of the Motorcycles Regulation, or which are not required to be type-approved by the Motorcycles Regulation (regulation 8)provide for a review procedure in respect of decision notices given under article 53 of the Motorcycles Regulation (regulation 9)specify when an approval may be withdrawn (regulation 10) and the effect of such a withdrawal or a suspension (regulation 11)set out how any notice or other document is to be served on the approval authority, market surveillance authority or enforcement authority (regulation 12)authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the Motorcycles Regulation (regulation 13)provide that breach of the duty to provide certain technical information which causes a person to sustain loss or damage is actionable at the suit of that person, and a defence available to the manufacturer where they have exercised all due diligence (regulation 14)provide for breach of the Regulations or the Motorcycles Regulation to be an offence, and for offences to be punishable either by criminal or civil penalties (parts 1 and 2 of Schedule 1)make provision for enforcement of the Regulations, including in connection with false statements and obstruction of officers, powers of search, detention of goods by customs officers and recovery of expenses of enforcement (part 3 of Schedule 1)makes consequential amendments to various enactments, and revokes instruments replaced by the Motorcycles Regulation (Schedule 2)

2018 No. 235

Road Traffic

The Motorcycles (Type-Approval) Regulations 2018

Made21st February 2018

Laid before Parliament28th February 2018

Coming into force20th May 2018

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)1.

The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type-approval scheme2.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references in these Regulations (and in the consequential amendments made by these Regulations) to Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles3 to be construed as references to a version of that Regulation as it may be amended from time to time.