1.Subject to the dates of phases of application set out in Annex III to this Regulation and without prejudice to [F2Article 42 of Regulation (EU) 2018/858], [F3the approval authority] shall refuse, on grounds relating to the permissible sound level, to grant [F4GB type-approval] in respect of a type of motor vehicle which does not comply with the requirements of this Regulation.
2.From 1 July 2016, [F5the approval authority] shall refuse, on grounds relating to the permissible sound level, to grant [F4GB type-approval] in respect of a type of replacement silencing system, or components thereof, as a separate technical unit which does not comply with the requirements of this Regulation.
[F6The approval authority may grant GB type-approval, under the terms and test procedures of Annex II of Directive 70/157/EEC as it had effect in EU law on IP completion date, to a replacement silencing system, or components thereof, as a separate technical unit intended for vehicles type-approved before the dates of phases of application set out in Annex III to this Regulation.]
3.Subject to the dates of phases of application set out in Annex III to this Regulation, [F7the Secretary of State] shall, on grounds relating to the permissible sound level, consider certificates of conformity for new vehicles to be no longer valid for the purposes of [F8Article 48 of Regulation (EU) 2018/858], and shall prohibit the registration, sale and entry into service of such vehicles where such vehicles do not comply with this Regulation.
4.[F9The Secretary of State] shall permit, on grounds relating to the permissible sound level, the sale and entry into service of a replacement silencing system, or components thereof, as a separate technical unit, if it conforms to a type in respect of which a [F4GB type-approval] has been granted in accordance with this Regulation.
[F9The Secretary of State] shall permit the sale and entry into service of replacement silencing systems, or components thereof, [F10holding an EU type-approval as a separate technical unit under the terms of Annex II to Directive 70/157/EEC issued by—
(a)the Secretary of State before IP completion day, or
(b)an approval authority of a member State before 1st January 2023.]
Textual Amendments
F1Words in Art. 4 heading substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(a)
F2Words in Art. 4(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(c)(i)
F3Words in Art. 4(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(c)(ii)
F4Words in Art. 4 substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(b)
F5Words in Art. 4(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(d)(i)
F6Words in Art. 4(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(d)(ii)
F7Words in Art. 4(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(e)(i)
F8Words in Art. 4(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(e)(ii)
F9Words in Art. 4(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(f)(i)
F10Words in Art. 4(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 75(5)(f)(ii)