The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Commission Regulation (EU) No 1230/2012: Articles

71.—(1) Commission Regulation (EU) No 1230/2012 is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 1, for “EC type-approval” substitute “GB type-approval”.

(3) In Article 2 (definitions)—

(a) in the opening words, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(b) in point (1), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(c) in point (2) for “Annex IV and Annex XI to Directive 2007/46/EC” substitute “Annex II to Regulation (EU) 2018/858”;

(d) in point (11), for the words “a number of axles” to the end, substitute “a tandem axle, or a triaxle, as defined in each case in regulation 2 of the Road Vehicles (Authorised Weight) Regulations 1998(1)”;

(e) in point (40), for “applicable in a Member State” substitute “set out in regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998 and regulations 7 and 8 of the Road Vehicles (Construction and Use) Regulations 1986(2), read for these purposes as if they did not include regulation 7(3A)(a)”.

(4) In Article 4 (EC type-approval of a type of vehicle re masses and dimensions)—

(a) in the heading, and in paragraphs 1 and 8 for “EC type-approval” substitute “GB type-approval”;

(b) in paragraph 9—

(i) in the first subparagraph—

(aa) after “grant a” insert “GB”;

(bb) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”;

(c) in paragraph 10, for “an EC type-approval” substitute “a GB type-approval”;

(d) in paragraph 11, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) and (4) of Regulation (EU) 2018/858”.

(5) In Article 4a (EC separate technical unit type-approval of aerodynamic devices and equipment)—

(a) in the heading, for “EC” substitute “GB”;

(b) in paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(c) in paragraph 2—

(i) for “an EC” substitute “a GB”;

(ii) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) for “A Member State” substitute “The approval authority”;

(d) in paragraph 3, for “an EC” substitute “a GB”.

(6) In Article 4b (EC separate technical unit type-approval mark)—

(a) in the heading, and the first time it occurs, for “EC” substitute “GB”;

(b) for “an EC” substitute “a GB”.

(7) Omit Article 5 (registration/in-service maximum permissible masses).

(8) In Article 6 (derogations)—

(a) for paragraph 1, substitute—

“1.   Without prejudice to Article 9 of the Road Vehicles (Authorisation of Special Types) (General) Order 2003(3), a GB type-approval may be granted for—

(a) motor vehicles, the width of which exceeds the requirements of this Regulation, or

(b) trailers, the length or width of which exceeds the requirements of this Regulation,

where the vehicle or trailer is intended for the transport of indivisible loads.

1a.   Where paragraph 1 applies, the type approval certificate and the certificate of conformity must indicate clearly that the vehicle, or trailer, as appropriate, is intended only for the transport of indivisible loads.”;

(b) in paragraph 2—

(i) for “Member States” substitute “The approval authority”;

(ii) for “Articles 23 and 24 of Directive 2007/46/EC” substitute “Articles 42 and 45 of Regulation (EU) 2018/858”;

(iii) omit the second subparagraph.

(9) In Article 7 (transitional provisions), omit paragraph 2, and the second subparagraph of paragraph 3.

(10) After Article 9 (entry into force), omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(1)

S.I. 1998/3111.

(2)

S.I. 1986/1078.

(3)

S.I. 2003/1998.