The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

Amendment of the Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

7.—(1) The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018(1) are amended as follows.

(2) After regulation 10 (withdrawal and suspension of approvals: effect), insert—

“Granting of type approvals

10A.— (1) Where the approval authority is satisfied on application made to it by the manufacturer of a relevant product—

(a) that the manufacturer holds in respect of that relevant product a relevant European approval; and

(b) that adequate arrangements have been made to secure that other products to conform with that relevant product in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,

the approval authority may grant EU type-approval for the relevant product and issue the corresponding EU type-approval certificate.

(2) An application made by a manufacturer to the approval authority before paragraph (1) comes into force, which would have been an application under paragraph (1) if it had been made after paragraph (1) came into force, is to be treated as an application made under paragraph (1).

(3) If the type approval certificate is issued following approval under paragraph (1), the certificate is to remain in force—

(a) for a period of two years beginning with the day of issue (unless ceasing to be valid under Article 30(2) of the NRMM Regulation); or

(b) (if earlier) until such time as the EU type-approval giving rise to the certificate ceases to be valid.

(4) For the purposes of paragraph (1), “relevant European approval” means a valid EU type-approval issued—

(a) before exit day other than in the United Kingdom in accordance with the NRMM Regulation; or

(b) on or after exit day in a member State in accordance with the NRMM Regulation as it has effect in EU law,

including any such approval which is revised or extended.

(5) This regulation applies notwithstanding any other provision in these Regulations or the NRMM Regulation.”.

(1)

S.I. 2018/764.