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Regulation (EU) 2018/858 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)
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Changes over time for: Article 49
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- Art. 68(3A)(3B) inserted by S.I. 2024/504 reg. 19(b)
Article 49U.K.Making available on the market, registration or entry into service of end-of-series vehicles
1.Subject to the limits specified in Part B of Annex V, and for a limited period of time as specified in paragraph 2, [F1the Secretary of State] may register and permit the making available on the market or entry into service of vehicles conforming to a type of vehicle whose [F2GB] type-approval is no longer valid.
The first subparagraph shall apply only to vehicles within the territory of the [F3United Kingdom] which were covered by a valid [F2GB] type-approval at the time of their production and which had not been registered or entered into service before that [F2GB] type-approval lost its validity.
2.Paragraph 1 shall only apply, in the case of complete vehicles, for a period of 12 months from the date on which validity of the [F4GB] type-approval expired and, in the case of completed vehicles, for a period of 18 months from that date.
3.A manufacturer who wishes to benefit from paragraph 1 shall submit a request to the [F5approval authority]. The request shall specify any technical or economic reasons preventing those vehicles from complying with the new technical requirements.
The [F6approval authority] shall decide, within three months of receiving such a request, whether to permit the registration or the entry into service of those vehicles F7..., and if so, the number of such vehicles.
4.[F8The Secretary of State must] apply appropriate measures to ensure that the number of vehicles to be registered or entered into service in the framework of the procedure set out in this Article is effectively monitored.
[F95.A request may be made under paragraph 3 in relation to—
(a)motor vehicles in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—
(i)were in the United Kingdom before IP completion date, or
(ii)are qualifying Northern Ireland goods,
(b)trailers in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—
(i)were in the United Kingdom before 1st January 2023, or
(ii)are qualifying Northern Ireland goods, and
(c)motor vehicles or trailers in relation to which the manufacturer holds a relevant NI type-approval which is no longer valid under the EU Type Approval Regulation.
6.In paragraph 5, “relevant EU approval” and “relevant NI approval” have the meanings given in Article 5A.
7.Where a request made under paragraph 3 includes any vehicle or trailer referred to in paragraph 5, references in paragraphs 1 and 2 to “GB type-approval” include a reference to “EU type-approval in accordance with the EU Type Approval Regulation”.]
Textual Amendments
F1Words in Art. 49(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), 32(2)(a)(i)
F2Word in Art. 49(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), 32(2)(a)(ii)
F3Words in Art. 49(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), 32(2)(a)(iii)
F4Word in Art. 49(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), 32(2)(b)
F5Words in Art. 49(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), 32(2)(c)(i)
F6Words in Art. 49(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), 32(2)(c)(ii)(aa)
F7Words in Art. 49(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of 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), 32(2)(c)(ii)(bb)
F8Words in Art. 49(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), 32(2)(d)
F9Art. 49(5)-(7) inserted (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), 32(2)(e)
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