The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in the exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of type-approval for road vehicles and non-road mobile machinery, replacing the amendments made by the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) which expire on 31st December 2022.

They also amend a number of Commission Regulations relating to the type approval of road vehicles, trailers, and the systems, components and separate technical units for them.

These include Commission Regulations made under Regulation (EU) 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Regulation (EU) 661/2009). The Commission Regulations amended include Regulations setting out the type-approval requirements in relation to—

(a) windscreen defrosting and demisting systems;

(b) rear registration plates;

(c) towing devices;

(d) windscreen wiper and washer systems;

(e) wheel guards; spray suppression systems; tyres; gear shift indicators;

(f) the masses and dimensions of motor vehicles and their trailers; and

(g) vehicle access and manoeuvrability.

They also include Commission Regulations relating to—

(a) the type-approval of the eCall in-vehicle system, and of hydrogen-powered vehicles and their components;

(b) the type-approval of vehicles and engines in relation to emissions from heavy duty vehicles, and emissions from light passenger and commercial vehicles; and

(c) the administrative requirements for the approval and market surveillance of motor vehicles, trailers, and systems, components and separate technical units for motor vehicles.

In addition, using powers under the Road Traffic Act 1988, these Regulations amend Commission Regulation (EU) No 19/2011 concerning type-approval requirements for the manufacturer’s statutory plate and for the vehicle identification number of motor vehicles and their trailers and implementing Regulation (EU) 661/2009 to allow an alternative statutory plate to be displayed on vehicles that are also type approved in the EU, and Commission Regulation (EU) 1230/2012 implementing Regulation (EU) 661/2009 with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers to allow for the type approval in Great Britain of vehicles within the scope of that Regulation which have a height exceeding 4 metres.

The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk, or from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.