The Motor Vehicles (Approval) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations establish a statutory system for approving the construction of single vehicles before they enter into service. The Regulations apply to passenger cars, dual-purpose vehicles and light goods vehicles which are amateur-built or personally imported or which enter into service in Great Britain in very low numbers. The Regulations also apply to motor ambulances and motor caravans, but approval is optional for these and for some other vehicles.

Part II of the Regulations applies to “relevant passenger vehicles” as defined by regulation 3 and Schedule 1. Regulation 4 and Schedule 2 prescribe the approval requirements which such vehicles must meet in order that they may be issued with a Minister’s approval certificate under section 58 of the Road Traffic Act 1988.

Part III applies to “relevant goods vehicles” as defined by regulation 5 and Schedule 1. Regulation 6 and Schedule 3 define the approval requirements which must be met by these vehicles in order to be the subject of a Minister’s approval certificate.

Regulation 7 relates to applications to the Secretary of State for a Minister’s approval certificate and regulation 8 provides for the assignment of vehicle identification numbers to vehicles which do not have a number which meets the requirements in regulation 8(1).

Regulation 9 specifies criteria for determining design weights. The procedure for appeals under section 60 by persons aggrieved by a determination made on behalf of the Secretary of State under an application under regulation 7 is governed by regulation 10. Provision is made in regulation 11 for an application or appeal to be refused without an examination of the vehicle to which the application relates in the circumstances specified in regulation 1 l(3).

The form of a Minister’s approval certificate is prescribed by regulation 12 and Schedule 4. Regulation 13 requires notices under the Regulations to be given in writing and provides that they may be given by post.

Regulation 14 appoints 1st July 1997 (the coming into force date of the Regulations) as the date appointed for the purposes of section 63(1) of the Road Traffic Act 1988, on or after which it is an offence to use a vehicle of a relevant class without the appropriate certificates in force under sections 54 to 58 of that Act. Certificates are obligatory for all relevant goods vehicles and relevant passenger vehicles, except those specified in regulation 14(2). Regulation 15 further provides that licence under the Vehicle Excise and Registration Act 1994 is not to be granted in respect of a vehicle to which regulation 14 applies unless, in the first application after the appointed day, there is produced evidence that a certificate (or certificates) is in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.

Schedule 6 defines the expression “transitional provision vehicle” as used in the Regulations.

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L109, p. 9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988 L81, p. 75) and European Parliament and Council Directive 94/10/EEC of 23 March 1994 (OJ 1994 L100, p. 30).