The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 (“the 1999 Regulations”) prescribe the fees payable for the examination of vehicles and vehicle parts, and the issue of documents in connection with the type approval (both European and National) of vehicles and vehicle parts. These Regulations insert new fees provisions (in respect of national small series type approval and new EC type approval schemes) into, and make consequential amendments to, the 1999 Regulations as a result of the Road Vehicles (Approval) Regulations 2009 (“the Approval Regulations”) implementing Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (“the Framework Directive”) (OJ No L263, 9.10.2007, p.1).

Regulation 3 amends existing definitions and inserts new definitions into the 1999 Regulations. The definitions of “Community Instrument” and “ECE Regulation” are amended to cross refer to the definition of “regulatory act” in the Approval Regulations. This is intended to have the effect of referring to the Directives, Regulations or ECE Regulations listed in Annex IV or XI of the Framework Directive. Schedule 5 to the 1999 Regulations is no longer required (Regulation 9). Regulation 3(3) amends the categories of vehicle so as to include a reference to the various categories of trailer (O1 to O4).

Regulation 4 inserts new regulation 5A into the 1999 Regulations. Regulation 5A makes provision for the vehicle examination and fees in respect of the national small series type approval scheme. The fees are contained in Part III of Schedule 1 to the 1999 Regulations (Regulation 7(3) and Schedule 1) and are set out in column (3) of the Table.

Regulation 5 amends regulation 6 of the 1999 Regulations in respect of the fees for EC vehicle type approval. The fees are contained in Part IV of Schedule 1 of the 1999 Regulations (Regulation 7(3) and Schedule 1) and are set out in column (4) of the Table.

Table

(1)	(2)	(3)	(4)
Vehicle category	Description of examination or part of examination	NSSTA fee (£)	ECWVTA fee (£)
M1, M2 and N1	Receipt of application and planning of the examination process	290	315
	Examination of a vehicle	2,000	2,000
	Compilation and administrative checking of documentation in relation to:
	(a) each type of vehicle	440	440
	(b) for each variant
	(i) where less than 5 versions are involved	55	55
	(ii) where 5 or more versions are involved	100	100
	Conformity of Production Clearance	1,785	1,785
M3, N2 and N3	Receipt of application and planning of the examination process	290	315
	Examination of a vehicle	2,000	2,000
	Compilation and administrative checking of documentation in relation to:
	(a) each type of vehicle	850	850
	(b) for each variant
	(i) where less than 5 versions are involved	55	55
	(ii) where 5 or more versions are involved	100	100
	Conformity of Production Clearance	1,785	1,785
O1, O2, O3 and O4	Receipt of application and planning of the examination process	290	315
	Examination of a vehicle	1,000	1,000
	Compilation and administrative checking of documentation in relation to:
	(a) each type of vehicle	330	330
	(b) for each variant
	(i) where less than 5 versions are involved	55	55
	(ii) where 5 or more versions are involved	100	100
	Conformity of Production Clearance	1,785	1,785

Regulation 8 and Schedule 2 amend Part III in Schedule 4 to the 1999 Regulations to provide a fee of £75 for the issue of a type approval certificate under regulations 5A and 6 of the 1999 Regulations.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Transport Technology and Standards Division, Department for Transport, Zone 2/01, Great Minster House, 76 Marsham Street, London, SW1P 4DR (telephone number: 020 7944 8300); or may be accessed via the Department’s website at www.dft.gov.uk. A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

A copy of the Regulations referred to in these Regulations may be obtained from the Stationery Office (telephone: [phone], website www.tsoshop.co.uk).

A copy of Directive 2007/46/EC may be obtained from the Stationery Office or viewed in the Official Journal of the European Union via the EU website at www.europa.eu.int/eur-lex.