General obligations of the Secretary of State
Article 4
1
Subject to the dates of phases of application set out in Annex III to this Regulation and without prejudice to Article 42 of Regulation (EU) 2018/858, the approval authority shall refuse, on grounds relating to the permissible sound level, to grant GB 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, the approval authority shall refuse, on grounds relating to the permissible sound level, to grant GB 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.
The 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, the 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shall, on grounds relating to the permissible sound level, consider certificates of conformity for new vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit the registration, sale and entry into service of such vehicles where such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
The 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 GB type-approval has been granted in accordance with this Regulation.
The Secretary of State shall permit the sale and entry into service of replacement silencing systems, or components thereof, holding 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.
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)