http://www.legislation.gov.uk/id/uksi/2018/235/schedule/2

http://www.legislation.gov.uk/uksi/2018/235/schedule/2/paragraph/5/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Regulation (regulations 3 and 4)specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)require the holder of a type-approval to retain certain records (regulation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of decision notices given under article 53 of the Motorcycles Regulation (regulation 9)specify when an approval may be withdrawn (regulation 10) and the effect of such a withdrawal or a suspension (regulation 11)set out how any notice or other document is to be served on the approval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)

SCHEDULES

SCHEDULE 2Consequential amendments and revocations

PART 1Consequential amendments

Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 20055

In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 200535, for the definition of “vehicle”, substitute—

“vehicle” means—
a
any vehicle designated as category M₁ or N₁ defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles36; and
b
three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of 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 quadricycles37 as it may be amended from time to time, but excluding any vehicle of category L5e;