The Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom and come into force on 30 September 1988, consolidate with amendments the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1979 and its amending Regulations. Those amending Regulations are listed in Schedule 3 to these Regulations.

The Regulations provide, as required by Council Directive 74/150/EEC (OJ No. L84, 28.3.74, p.10), for the type approval of certain agricultural or forestry tractors and tractor components which conform to the requirements of the Council Directives (as amended) with respect to the design, construction, equipment and marking of tractors and tractor components listed in Parts A and B of Schedule 2. Schedule 2 includes the addition of Council Directive 87/402/EEC (OJ No. L220, 8.8.87, p.1) relating to roll-over protection structures mounted in front of the driver’s seat on narrow-track wheeled agricultural or forestry tractors and up-dates the references to amendments to the listed Council Directives.

The appropriate entries against items 7.3.4, 7.5 and 7.6.3 of the Schedule to Part II of Schedule 1 to the Regulations have been amended in accordance with the provisions of Council Directive 88/297/EEC (OJ No. L126, 20.5.88, p.52).

The Regulations also amend the definition of “agricultural or forestry tractor” in regulation 3(1) by referring where appropriate to the provisions of the relevant Council Directive and by including a fourth qualification to the basic definition in the case of type approval of a narrow-track tractor in respect of its roll-over protection structure mounted in front of the driver’s seat in accordance with Council Directive 87/402/EEC.

The tractors and tractor components to which the Regulations apply are agricultural or forestry tractors (as defined in regulation 3(1)) manufactured after 1st August 1975 and components of such tractors manufactured after 1st October 1978.

Part II of the Regulations deals with the procedure for obtaining type approval and component type approval, and with other related matters.

Regulation 4 provides for applications to be made to the Minister of Agriculture, Fisheries and Food in England or Northern Ireland, and to the Secretary of State in Scotland or Wales, by the manufacturer of the tractor or tractor component in question. Under regulation 5, where the Minister concerned is satisfied that the tractor or tractor component is of a type which conforms with the requirements as to design, construction, equipment and marking which are applicable thereto by virtue of such of the Council Directives specified in Schedule 2 to the Regulations as are relevant to a tractor or tractor component of that type, he is required to approve the tractor as a type tractor or the tractor component as a type tractor component and to issue a type approval or component type approval certificate in respect of it.

Regulation 6 provides for the issue by the manufacturer of a type tractor of a certificate of conformity in respect of each tractor manufactured by him which conforms to the type tractor in the relevant aspects of design, construction, equipment and marking. Regulation 7 provides for the issue by the manufacturer of a type tractor component of a type approval component mark in respect of each tractor component manufactured by him which conforms to the type tractor component. Regulation 8 provides for the extension of a type approval certificate to other types of tractor component and regulation 9 provides for the extension of a component type approval certificate to other types of tractor.

Regulation 10 provides for the conditions subject to which type approval or component type approval certificates may be issued, and for the cancellation or suspension of such certificates for a breach of a condition. Regulations 11 and 12 provide for notice to be given by manufacturers who cease to manufacture type tractors or type tractor components or who make alterations in their manufacture or in any of the relevant aspects of design, construction, equipment or marking, and for the cancellation, suspension or modification of type approval or component type approval certificates as a consequence of such an alteration. Regulation 13 provides for the cancellation or suspension of type approval or component type approval certificates where tractors or tractor components are manufactured otherwise than in conformity with the relevant requirements. Regulation 14 provides for the suspension of type approval or component type approval certificates where tractors having a certificate of conformity or tractor components having a component type approval mark are altered. Regulation 15 requires the Minister concerned to give due notice of his decisions to cancel, suspend or modify type approval or component type approval certificates and regulation 16 gives a right to apply to the relevant Minister for a review of any decision given by him with respect to such certificates.

Part III of the Regulations makes supplementary provisions. Regulation 17 authorises the Minister and the Secretary of State to provide testing stations and Regulation 18 requires manufacturers if so directed to keep records relating to certificates of conformity issued by them.