Part II

Construction and Use of Vehicles and Equipment

Approval of design, construction, equipment and marking of vehicles

Minister’s approval certificates.
58
1
Where the Secretary of State is satisfied, on application made to him by any person in respect of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle, that—
a
the vehicle complies with the relevant type approval requirements or (as the case may be) the relevant European type approval requirements, and
b
in the case of a goods vehicle, the Secretary of State has sufficient information to enable the plated weights to be ascertained for the vehicle,
he may issue a certificate (in this Part of this Act referred to as a “Minister’s approval certificate”).
2
The certificate must state that the vehicle complies with those requirements and specify—
a
its design weights, and
b
in the case of a goods vehicle, its plated weights,
and, where the Secretary of State issues such a certificate in respect of a goods vehicle, he must secure that the plated weights are marked on the vehicle by means of a plate fixed to it.
3
Where by virtue of section 57(4) of this Act a certificate of conformity issued in respect of a vehicle relates to—
a
one or more, but not all, of the relevant type approval requirements, or
b
one or more, but not all, of the relevant European type approval requirements,
the Secretary of State may issue in respect of that vehicle a Minister's approval certificate relating to one or more of the other relevant type approval requirements or (as the case may be) one or more of the other relevant European type approval requirements.
4
Where—
a
a Minister’s approval certificate is given as respects a vehicle, and
b
the Secretary of State is satisfied—
i
on the application of the manufacturer of the vehicle or, in the case of an imported vehicle, the importer of the vehicle, and
ii
after the consideration of such evidence as he thinks necessary,
that another vehicle manufactured by that manufacturer or, as the case may be, imported by that importer conforms with the first mentioned vehicle as respects the relevant aspects of design, construction, equipment and marking,
the Secretary of State may issue a Minister’s approval certificate in respect of that other vehicle without examining it.
5
Where the Secretary of State issues such a certificate by virtue of subsection (4) above, he must specify the plated weights which are to be marked on the other vehicle.
6
Subsection (4) above shall apply in relation to vehicles brought into Great Britain from Northern Ireland as it applies in relation to imported vehicles, and references in that subsection to the importer shall be construed accordingly.
7
Where the Secretary of State determines on an application under this section not to issue a Minister’s approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based.
8
In this section, “
European type approval requirements
” has the same meaning as in section 55.
Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
S. 58(8) inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(4)(c) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 58(1)(a) inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(4)(a) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)
S. 58(3) substituted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 2(4)(b) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)