The Motor Vehicles (Approval) (Amendment) Regulations (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Regulation)

These Regulations further amend the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 (“the Regulations”) (S.R. 2001 No. 172).

Regulation 2 inserts a number of definitions into regulation 2 of the Regulations, including the definition of a “disabled person’s vehicle” which was formerly defined in Schedule 1 to the Regulations.

Regulation 3 substitutes a new regulation 4(2) of the Regulations, the effect of which is to remove the requirement of vehicles which have complied with the items in Schedule 3, from having to comply with the requirements of those items of the same subject matter in Schedule 2 (apart from item 10 in relation to disabled persons' vehicles and vehicles that have been adapted to category M1). Regulation 3 also substitutes regulation 4(7) of the Regulations, to recognise certificates granted in accordance with the Great Britain single vehicle approval scheme. A new paragraph (7A) has also been inserted to update the regulation relating to mutual recognition of equivalent standards in other EEA States.

Regulation 4 amends regulation 5 of the Regulations so as to amend the requirement by which an applicant can request a further examination in respect of a further application.

Regulation 5 substitutes a new Table into regulation 8 of the Regulations.

Regulation 6 amends Schedule 1 to the Regulations in that disabled persons' vehicles are excluded from the meaning of a “Schedule 1 vehicle” and will now be subject to the requirements in Schedule 3. Paragraph 2 of Schedule 1 is also amended, the effect of which is that a serving member of the Armed Forces will now be able to qualify as a personal importer, even if the vehicle has not been imported into the United Kingdom.

Regulation 7 substitutes a revised Schedule 2 into the Regulations. Various deregulatory, consequential and corrective changes are made to the Schedule on points of detail.

Regulation 8 substitutes a revised Schedule 3 into the Regulations. As disabled persons' vehicles will now be subject to the Schedule 3 requirements, a number of consequential amendments have been made together with other deregulatory and corrective changes on points of detail.

Regulation 9 substitutes a new certificate into Schedule 4 to the Regulations.

Regulation 10 updates the Table of Community Instruments and ECE Regulations in Schedule 5 to the Regulations.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

Copies of the EEC and EC Directives and ECE Regulations referred to in these Regulations may be obtained from TSO, 16 Arthur Street, Belfast, BT1 4GD.

A Regulatory Impact Assessment has been produced and may be obtained from the Department of Environment’s website at www.doeni.gov.uk/roadsafety.