The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

Amendment of the Vehicle Excise and Registration Act 1994

3.—(1) The Vehicle Excise and Registration Act 1994(1) is amended as follows.

(2) In section 7 (issue of vehicle licences)—

(a) after subsection (5A)(2), insert—

“(5B) The Secretary of State may not issue a vehicle licence in respect of a vehicle—

(a) completed before exit day, and

(b) in respect of which there is an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State,

unless the vehicle was in the United Kingdom immediately before exit day or a relevant UK certificate has effect with respect to it.

(5C) The Secretary of State may not issue a vehicle licence in respect of a vehicle completed on or after exit day unless a relevant UK certificate has effect with respect to the vehicle.”;

(b) in subsection (8)(3), at the appropriate place, insert—

““EC certificate of conformity” has the meaning given in section 85 of the Road Traffic Act 1988;”;

““EU State” means—

(a)

in relation to the period before exit day, a member State other than the United Kingdom, and

(b)

in relation to the period on or after exit day, a member State;”;

““relevant European approval” has the meaning given in section 55(1C) of the Road Traffic Act 1988;”

““relevant UK certificate” means—

(a)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988,

(b)

a Minister’s approval certificate issued under section 58 of that Act,

(c)

a certificate issued pursuant to regulation 25(10) or 27(10) of the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717),

(d)

a certificate of conformity issued under Article 31A(3) of the Road Traffic (Northern Ireland) Order 1981,

(e)

a Department’s approval certificate issued under Article 31A(4) or (5) of that Order, or

(f)

an EC certificate of conformity which was issued otherwise than in reliance on a valid relevant European approval granted by or on the authority of an EU State;”.

(3) After section 22A (vehicle identity checks)(4), insert—

“Registration of vehicles: certificates of conformity etc.

22B.— (1) Subsections (2) and (3) have effect notwithstanding any other enactment.

(2) No vehicle—

(a) completed before exit day, and

(b) in respect of which there is an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State,

may be registered under section 21 unless the vehicle was in the United Kingdom immediately before exit day or a relevant UK certificate has effect with respect to it.

(3) No vehicle completed on or after exit day may be registered under section 21 unless a relevant UK certificate has effect with respect to the vehicle.

(4) In this section—

“EC certificate of conformity” has the meaning given in section 85 of the Road Traffic Act 1988;

“EU State” means—

(a)

in relation to the period before exit day, a member State other than the United Kingdom,

(b)

in relation to the period on or after exit day, a member State;

“relevant European approval” has the meaning given in section 55(1C) of that Act;

“relevant UK certificate” means—

(a)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988,

(b)

a Minister’s approval certificate issued under section 58 of that Act,

(c)

a certificate issued pursuant to regulation 25(10) or 27(10) of the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717),

(d)

a certificate of conformity issued under Article 31A(3) of the Road Traffic (Northern Ireland) Order 1981,

(e)

a Department’s approval certificate issued under Article 31A(4) or (5) of that Order, or

(f)

an EC certificate of conformity which was issued otherwise than in reliance on a valid relevant European approval granted by or on the authority of an EU State.”.

(1)

1994 c. 22.

(2)

Subsection (5A) was inserted by section 15(1) of the HGV Road User Levy Act 2013 (c. 7).

(3)

Subsection (8) was inserted by section 17(10) and (14) of the Finance Act 1996 (c. 8) and amended by section 15(2) of the HGV Road User Levy Act 2013.

(4)

Subsection 22A was inserted by section 33(2) of the Vehicles (Crime) Act 2001 (c. 3) and amended by section 48(3) of the Road Safety Act 2006 (c. 49).