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Statutory Instruments

2020 No. 818

Road Traffic

The Road Vehicles (Approval) Regulations 2020

Made

3rd August 2020

Laid before Parliament

7th August 2020

Coming into force

1st September 2020

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) M1.

The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to—

(a)

the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme, and

(b)

measures relating to wireless telegraphy including radio equipment M2.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references in these Regulations (and in the consequential amendments made by these Regulations) to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles M3 and to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore M4 to be construed as references to versions of those Regulations as they may be amended from time to time.

Marginal Citations

M11972 c.68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

M2See S.I. 1972/1811 and S.I. 1999/2788. Both instruments are prospectively repealed with effect from IP completion day by S.I. 2018/1011 as modified by paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

M3OJ No. L 151, 14.6.2018, p.1.

M4OJ No. L 200, 31.7.2009, p.1.

PART 1U.K.Introduction

Citation and commencementU.K.

1.  These Regulations—

(a)may be cited as the Road Vehicles (Approval) Regulations 2020, and

(b)come into force on 1st September 2020.

Commencement Information

I1Reg. 1 in force at 1.9.2020, see reg. 1(b)

[F1ApplicationU.K.

1A.  The following provisions of these Regulations do not apply in England and Wales or Scotland—

(a)in regulation 16, paragraphs (4) and (5);

(b)regulation 17;

(c)in regulation 18, paragraphs (8)(b) and (9).]

Textual Amendments

InterpretationU.K.

2.—(1) In these Regulations—

“the 1994 Act” means the Vehicle Excise and Registration Act 1994 M5;

“enforcement authority” means the Secretary of State;

[F2“EU individual vehicle approval” means an individual vehicle approval granted in accordance with Article 44 of the EU Type Approval Regulation;]

[F2“EU small series type-approval” means an EU type-approval granted in accordance with Article 41 of the EU Type Approval Regulation;]

[F2“EU Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, as that Regulation applies in EU law and as it has effect by virtue of the Northern Ireland Protocol, as amended from time to time;]

[F2“EU whole-vehicle type-approval” means a whole vehicle type-approval granted in accordance with Article 22 of the EU Type Approval Regulation;]

[F2“GB individual vehicle approval” means an individual vehicle approval granted in accordance with Article 45 of the Type Approval Regulation;]

[F2“GB medium series type-approval” means a GB type-approval granted in accordance with Article 41 of the Type Approval Regulation;]

[F2“GB small series type-approval” means a GB type-approval granted in accordance with Article 42 of the Type Approval Regulation;]

[F2“GB whole-vehicle type-approval” means a whole-vehicle type-approval granted in accordance with Article 22 of the Type Approval Regulation;]

[F2“national individual vehicle approval” means national individual vehicle granted approval in accordance with Article 45 of the EU Type Approval Regulation;]

[F2“national small series type-approval” means national small series type-approval in accordance with Article 42 of the EU Type Approval Regulation;]

[F2“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;]

[F2“qualifying Northern Ireland goods” has the meaning given in section 47 of the United Kingdom Internal Market Act 2020;]

“the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles M6, as amended from time to time;

“relevant products” means—

(a)

vehicles,

(b)

systems,

(c)

components,

(d)

separate technical units,

(e)

parts, or

(f)

equipment;

“UNECE Regulation” means, in respect of a Regulation of a particular number—

(a)

a UNECE Regulation of that number listed in Annex IV of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor M7, as amended from time to time, or

(aa)

[F3in the case of a UK (NI) type-approval only, a UN Regulation of that number specified in Annex I to Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, as that Regulation has effect by virtue of the Northern Ireland Protocol;]

(b)

a UN Regulation of that number specified in Chapter XII of, and Annex II to, the Type Approval Regulation.

[F4“UK (NI) national individual vehicle approval” means an individual vehicle approval granted by the Secretary of State in respect of Northern Ireland in accordance with Article 45 of the EU Type Approval Regulation;]

[F4“UK (NI) national small series type approval” means a national small series type approval granted by the Secretary of State in accordance with Article 42 of the EU Type Approval Regulation;]

[F4“UK (NI) type-approval” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with the EU Type Approval Regulation;]

[F4“UK (NI) whole-vehicle type-approval” means an EU whole vehicle type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Article 22 of the EU Type Approval Regulation].

(2) Unless otherwise provided, [F5subject to paragraph (3)] any word or expression used in these Regulations which is defined in Article 3 of the Type Approval Regulation has the meaning given in that Article.

[F6(3) Unless otherwise provided, any word or expression used in these Regulations in a provision relating to an obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies, and which is defined in Article 3 of the EU Type Approval Regulation has the meaning given in that Article.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M6OJ No. L 151, 14.6.2018, p.1.

M7OJ No. L 200, 31.7.2009, p.1.

PART 2U.K.[F7Type-approval]

Textual Amendments

Appointment of approval authorityU.K.

3.  The Secretary of State is the approval authority for the purposes of these Regulations [F8, the Type Approval Regulation and the EU Type Approval Regulation].

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.9.2020, see reg. 1(b)

Market surveillance authorityU.K.

4.  The Secretary of State is the market surveillance authority for the purposes of—

(a)these Regulations [F9, the Type Approval Regulation and the EU Type Approval Regulation], F10...

(b)where applied by the Type Approval Regulation or otherwise applicable to relevant products, Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 M8[F11, and

(c)where applied by the EU Type Approval Regulation, or otherwise applicable to relevant products, Regulation (EU) 2019/1020 on market surveillance and compliance of products, as that Regulation has effect by virtue of the Northern Ireland Protocol.]

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M8OJ No. L 218, 13.8.2008, p.30.

Requirement to supply documentation or additional information: failure to complyU.K.

5.  Where a manufacturer who makes an application for type approval fails to comply with a requirement to supply documentation or additional information under the second subparagraph of paragraph 4 of Article 25 of the Type Approval Regulation [F12or of the EU Type Approval Regulation], the approval authority may treat the application as having been withdrawn by the manufacturer.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 1.9.2020, see reg. 1(b)

Refusal of F13... type-approval applicationU.K.

6.—(1) The approval authority must refuse an [F14application for a GB type-approval or a UK (NI) type-approval] if the requirements of—

(a)Articles 26 and 29 to 31, or

(b)Article 39,

of the Type Approval Regulation [F15or the EU Type Approval Regulation, as applicable,] have not been complied with.

(2) The requirements of Article 30 of the Type Approval Regulation [F16or the EU Type Approval Regulation, as applicable] are not complied with if the tests required by that Article demonstrate that there is non-compliance with the technical requirements mentioned in paragraph 1 of that Article.

(3) The requirements of Article 31 of the Type Approval Regulation [F17or the EU Type Approval Regulation, as applicable] are not complied with if the approval authority is not satisfied that the applicant has made or will make adequate arrangements to ensure that—

(a)production will conform to the approved type, or

(b)the data in the certificates of conformity are correct.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 1.9.2020, see reg. 1(b)

[F18Reusability, recycling and recovery of component parts and materialsU.K.

6A.—(1) For the purposes of a GB type-approval, references in the following provisions of Annex II to the Type Approval Regulation to “Directive 2005/64/EC of the European Parliament and of the Council” are to be read as references to Schedule A1—

(a)entry 59 of the table in Part 1;

(b)entry 59 of table 1 in Appendix 1 to Part 1;

(c)entry 59 of table 2 in Appendix 1 to Part 1.

(2) Schedule A1 applies to vehicles belonging to categories M1 and N1, as defined in Article 4 of the Type Approval Regulation.]

Textual Amendments

Conformity of production: record keepingU.K.

7.—[F19(1)] The holder of [F20an approval referred to in paragraph (2)], must compile and retain for inspection by the approval authority for a period of five years commencing with the date of compilation, such records of tests and checks undertaken that are sufficient to demonstrate—

(a)conformity of production to the approved type,

(b)compliance of certificates of conformity to Article 36 or Article 37 of the Type Approval Regulation [F21or the EU Type Approval Regulation], and

(c)that the data in certificates of conformity issued by the holder are correct.

[F22(2) The approvals referred to in this paragraph are—

(a)a GB type-approval;

(b)an EU type-approval issued by the Secretary of State before IP completion day;

(c)a UK (NI) type-approval;

(d)a national small series type-approval issued by the Secretary of State before IP completion day;

(e)a UK (NI) national small series type-approval;

(f)a GB small series type-approval.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 1.9.2020, see reg. 1(b)

Review of decisionsU.K.

8.—(1) All decisions taken pursuant to the Type Approval Regulation [F23or the EU Type Approval Regulation] and all decisions refusing or withdrawing type approval, refusing registration, prohibiting or restricting the placing on the market, registration or entry into service of a vehicle or requiring withdrawal of a vehicle from the market must be given by notice in writing (“a relevant notice”) and state—

(a)in detail the reasons on which they are based,

[F24(b)the remedies available to the party concerned—

(i)where the application is made in respect of Great Britain, under the laws in force in Great Britain;

(ii)where the application is made in respect of Northern Ireland, under the laws in force in Northern Ireland,] and

(c)the time limits allowed for the exercise of such remedies.

(2) Where the approval authority has given a person a relevant notice, that person may apply to the approval authority for a reconsideration of the decision given in that notice.

(3) An application under paragraph (2) must—

(a)be made within the period of 28 days beginning on the date when the relevant notice is received, and

(b)state the reasons for making the application and be accompanied by such further evidence as the person believes supports those reasons.

(4) The approval authority may—

(a)request evidence in support of the application,

(b)after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the application.

(5) The approval authority must as soon as reasonably practicable—

(a)give written notification to the applicant stating whether the decision is confirmed, amended or reversed, and

(b)if the decision is reversed or amended, take the appropriate action in respect of the revised decision.

(6) An applicant aggrieved by the approval authority's notification under paragraph (5) may by notice request the approval authority to appoint an independent assessor to review the decision to which the relevant notice relates.

(7) A request under paragraph (6) must—

(a)be made not later than 28 days after receipt of the approval authority's notification under paragraph (5), and

(b)state the reasons for the request.

(8) As soon as reasonably practicable after the date of receipt of the request under paragraph (6), the approval authority must—

(a)appoint a person to act as assessor or, at the authority's discretion, not more than three persons to act as an assessment panel, and

(b)notify the applicant of the appointment.

(9) The independent assessor or assessment panel may—

(a)request further evidence in support of the request for review;

(b)after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the request for review.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 1.9.2020, see reg. 1(b)

Withdrawal of approvals: mistake or errorU.K.

9.—(1) Subject to the provisions of this regulation, the approval authority may decide to withdraw any approval given by it by reason of mistake or error on the part of that authority.

(2) A decision to withdraw an approval must be given by notice in writing (“a relevant notice”) and specify—

(a)the nature of the mistake or error, and

(b)the date from which the approval is to be withdrawn, which must be not less than 28 days nor more than six months after the date on which the relevant notice is given.

(3) Regulation 8(2) to (9) applies to the review of a decision under this regulation.

(4) Any review of a decision under this regulation may, subject to the requirement in paragraph (2)(b), vary the date from which the approval is to be withdrawn.

Commencement Information

I9Reg. 9 in force at 1.9.2020, see reg. 1(b)

Withdrawal and suspension of approvals: effectU.K.

10.—(1) If the holder of an approval which has been withdrawn or suspended pursuant to the Type Approval Regulation [F25, the EU Type Approval Regulation] or these Regulations purports by virtue of that approval to—

(a)issue a certificate of conformity with respect to a vehicle, or

(b)affix a statutory plate or mark pursuant to Article 38 of the Type Approval Regulation [F26or the EU Type Approval Regulation, as applicable],

the certificate, plate or mark is invalid.

(2) The approval authority may, by notice given to the holder, exempt from paragraph (1) certificates of conformity or classes of certificates of conformity specified in the notice.

(3) The suspension of an approval does not affect the validity of any certificate of conformity issued under it before that suspension.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 1.9.2020, see reg. 1(b)

ServiceU.K.

11.—(1) Paragraphs (2) to (4) of this regulation have effect in relation to any notice or other document required or authorised by these Regulations [F27, the Type Approval Regulation or the EU Type Approval Regulation] to be given to or served on any person by the approval authority, market surveillance authority or enforcement authority.

(2) Any such notice or document may be given to or served on the person in question—

(a)by delivering it to the person;

(b)by leaving it at that person's proper address;

(c)by sending it by post to that person at that address;

(d)by means of any form of electronic communication agreed with the person to whom it is to be sent.

(3) Any such notice or document may—

(a)in the case of a body corporate, be given to or served on an officer of that body;

(b)in the case of a partnership, be given to or served on any partner;

(c)in the case of an unincorporated association other than a partnership, be given to or served on any member of the governing body of that association.

(4) For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) M9 in its application to this regulation, the proper address of any person is that person's last known address (whether of the person's residence or of a place where the person carries on business or is employed) and also—

(a)in the case of a body corporate or an officer of that body, the address of the registered or principal office of that body in the United Kingdom;

(b)in the case of an unincorporated association other than a partnership or a member of its governing body, its principal office in the United Kingdom;

(c)an address within the United Kingdom other than that person's proper address at which that person, or another acting on that person's behalf, will accept service of any notice or document required or authorised by these Regulations [F28, the Type Approval Regulation or the EU Type Approval Regulation] to be given to or served on any person by the approval authority.

(5) Any notice or other document or information required by these Regulations [F29, the Type Approval Regulation or the EU Type Approval Regulation] to be given to or served by any person on the approval authority, market surveillance authority or enforcement authority must be—

(a)in writing, or

(b)in an electronic format accepted by, and sent by means of any form of electronic communication agreed with, the approval authority, market surveillance authority or enforcement authority (as appropriate).

Textual Amendments

Commencement Information

I11Reg. 11 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Provision of testing stationsU.K.

12.  The approval authority may provide and maintain stations where examinations of relevant products may be carried out for the purposes of these Regulations [F30, the Type Approval Regulation or the EU Type Approval Regulation] and may provide and maintain apparatus for carrying out such examinations.

Textual Amendments

Commencement Information

I12Reg. 12 in force at 1.9.2020, see reg. 1(b)

Provision of technical information: loss or damageU.K.

13.—(1) Where a duty is imposed on a manufacturer by Chapter XIII (provision of technical information) or Chapter XIV (access to vehicle OBD information and vehicle repair and maintenance information) of the Type Approval Regulation [F31or the EU Type Approval Regulation], any breach of the duty which causes a person to sustain loss or damage is actionable at the suit of that person.

(2) But, in any proceedings brought against a manufacturer in pursuance of this regulation, it is a defence for the manufacturer to show that the manufacturer took all reasonable steps and exercised all due diligence to avoid the breach.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 1.9.2020, see reg. 1(b)

Defeat systemsU.K.

14.—(1) A person who is a manufacturer commits an offence if a motor vehicle manufactured by that person—

(a)is placed on the market or registered in [F32Great Britain or, as the case may be, Northern Ireland, and]

(b)that motor vehicle is fitted with a defeat system which is not permitted.

(2) A separate offence under paragraph (1) is committed in respect of each such motor vehicle placed on the market or registered.

(3) A defeat system is not permitted unless—

(a)in the case of a motor vehicle [F33which is of a type approved in accordance with Regulation (EC) 595/2009 or EU Regulation (EC) 595/2009], the fitting and operation of the defeat system is explained in the extended documentation package submitted by the manufacturer to the approval authority [F34or the approval authority of a member State] (as defined in Article 3(36) of the [F35EU Type Approval Regulation]) when applying for emissions type approval for that vehicle, or

(b)in the case of a motor vehicle [F36which is of a type approved in accordance with Regulation (EC) 715/2007 or EU Regulation (EC) 715/2007]—

(i)its use falls within one of the exceptions listed in Article 5(2)(a) to (c) of [F37the Regulation in accordance with which the type was approved], and

(ii)in respect of a motor vehicle submitted for emissions type approval after 16th May 2016, the fitting and operation of the defeat system is explained in the documentation package submitted by the manufacturer to the approval authority [F38or the approval authority of a member State] (as defined in Article 3(36) of the [F39EU Type Approval Regulation]) when applying for emissions type approval for that vehicle.

(4) Where, following examination of motor vehicles associated with [F40an applicable type-approval], the approval authority is satisfied that two or more of those motor vehicles—

(a)are vehicles for which [F41a] certificate of conformity has been issued in respect of that approval, and

(b)are fitted with a defeat system which is not permitted,

each motor vehicle associated with [F42that applicable type-approval] is to be taken to be similarly fitted with a defeat system which is not permitted unless proved otherwise by the manufacturer.

[F43(5) In paragraph (4)—

(a)“applicable type approval” means—

(i)an EU whole-vehicle type approval or an EU small series type-approval, whether or not issued by the Secretary of State, or

(ii)a GB whole-vehicle type-approval or a GB medium series type-approval;

(b)a motor vehicle is associated with an applicable type approval if a certificate of conformity relating to that type approval has been issued in respect of that vehicle.]

(6) A person who breaches a prohibition in paragraphs 9(1), (2) or 10(10) of Schedule 4 commits an offence.

(7) In this regulation—

“Commission Regulation (EC) No 692/2008” means Commission Regulation (EC) No 692/2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information M10;

“Commission Regulation (EC) No 582/2011” means Commission Regulation (EC) No 582/2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council M11;

“Commission Regulation (EU) 2017/1151” means Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information M12;

“defeat system” means—

(a)

in the case of a motor vehicle to which Regulation (EC) 595/2009 applies—

(i)

where the engine system or engine family meets the conditions specified in Article 6(1a) of Commission Regulation (EC) No 582/2011, a “defeat strategy” as defined in paragraph 2 of UNECE Regulation 49;

(ii)

in all other cases, a “defeat strategy” as defined in Article 3(8) of Regulation (EC) 595/2009,

at the time of applying for emissions type approval for that vehicle;

(b)

in the case of a motor vehicle to which Regulation (EC) 715/2007 applies—

(i)

where, pursuant to Article 6(1) of Commission Regulation (EC) No 692/2008, the motor vehicle meets the requirements of Regulation (EC) 715/2007 by virtue of compliance with UNECE Regulation 83, a “defeat device” as defined in paragraph 2 of that UNECE Regulation;

(ii)

in all other cases, a “defeat device” as defined in Article 3(10) of Regulation (EC) 715/2007,

at the time of applying for emissions type approval for that vehicle;

(c)

[F44in the case of a motor vehicle to which EU Regulation (EC) 595/2009 applies—

(i)

where the engine system or engine family meets the conditions specified in Article 6(1a) of EU Commission Regulation (EU) No 582/2011, a “defeat strategy” as defined in paragraph 2 of UNECE Regulation 49;

(ii)

in all other cases, a “defeat strategy” as defined in Article 3(8) of EU Regulation (EC) 595/2009,

at the time of applying for emissions type-approval for that vehicle;

(d)

in the case of a motor vehicle to which EU Regulation (EC) 715/2007 applies—

(i)

where, pursuant to Article 6(1) of EU Commission Regulation (EC) No 692/2008, the motor vehicle meets the requirements of EU Regulation (EC) 715/2007 by virtue of compliance with UNECE Regulation 83, a “defeat device” as defined in paragraph 2 of that UNECE Regulation;

(ii)

in all other cases, a “defeat device” as defined in Article 3(10) of EU Regulation (EC) 715/2007,

at the time of applying for emissions type-approval for that vehicle;]

“emissions type approval” means F45... type approval in accordance with [F46Regulation (EC) 715/2007, EU Regulation (EC) 715/2007, Regulation (EC) 595/2009 or EU Regulation (EC) 595/2009] (as appropriate) in respect of tailpipe emissions and evaporative emissions for a motor vehicle;

[F47“EU Commission Regulation (EC) No 692/2008” means Commission Regulation (EC) No 692/2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and EURO 6) and on access to vehicle repair and maintenance information, as that Regulation has effect in EU law and by virtue of the Northern Ireland Protocol;]

[F47“EU Commission Regulation (EU) No 582/2011” means Commission Regulation (EC) No 582/2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council, as that Regulation has effect in EU law and by virtue of the Northern Ireland Protocol;]

[F47“EU Commission Regulation (EU) 2017/1151” means Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, as that Regulation has effect in EU law and by virtue of the Northern Ireland Protocol;]

[F47“EU Regulation (EC) 715/2007” means Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, as that Regulation has effect in EU law and by virtue of the Northern Ireland Protocol;]

[F47“EU Regulation (EC) 595/2009” means Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and access to vehicle repair and maintenance information, as that Regulation has effect in EU law and by virtue of the Northern Ireland Protocol;]

“extended documentation package” means—

(a)

in the case of a motor vehicle to which Regulation (EC) 715/2007 applies, the extended documentation package mentioned in—

(i)

Article 5(11) of Commission Regulation (EC) No 692/2008 M13; or

(ii)

Article 5(11) of Commission Regulation (EU) 2017/1151;

(b)

in the case of a motor vehicle to which Regulation (EC) 595/2009 applies, the extended documentation package specified in Article 5(3) of, and Section 8 of Annex I to, Commission Regulation (EC) No 582/2011;

(c)

[F48in the case of a motor vehicle to which EU Regulation (EC) 715/2007 applies, the extended documentation package mentioned in—

(i)

Article 5(11) of EU Commission Regulation (EC) No 692/2008; or

(ii)

Article 5(11) of EU Commission Regulation (EU) 2017/1151;

(d)

in the case of a motor vehicle to which EU Regulation (EC) 595/2009 applies, the extended documentation package specified in Article 5(3) of, and Section 8 of Annex 1 to, EU Commission (EC) No 582/2011;]

“placed on the market” means supplying or making available, whether in return for payment or free of charge, to a third party, and includes exposure for sale to a third party;

“registered” means registered pursuant to section 21 of the 1994 Act;

“Regulation (EC) 715/2007” means Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) M14;

“Regulation (EC) 595/2009” means Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) M15.

Textual Amendments

Commencement Information

I14Reg. 14 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M10OJ No. L 199, 28.7.2008, p. 1.

M11OJ No. L 167, 25.6.2011, p. 1.

M12OJ No. L 175, 7.7.2017, p. 1.

M13Paragraph 11 was inserted by Commission Regulation (EU) 2016/646 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ No. L 109, 26.4.2016, p. 1).

M14OJ No. L 171, 29.6.2007, p. 1.

M15OJ No. L 188, 18.7.2009, p. 1.

PART 3 U.K.National small series type approval and individual approval

CHAPTER 1U.K. [F49Small] series type approvals

Textual Amendments

Applications for [F50GB small series type-approval and UK (NI)] national small series type approvalU.K.

15.—(1) A manufacturer requiring—

(a)a [F51UK (NI)] national small series type approval in respect of a vehicle, F52...

(b)an amendment to a national small series type approval [F53granted before IP completion day, or a UK (NI) national small series type-approval] which the manufacturer holds,

[F54(c)a GB small series type-approval, or

(d)an amendment to a GB small series type-approval which the manufacturer holds,]

must apply to the approval authority.

(2) An application under paragraph (1) may follow—

(a)the step-by-step type-approval procedure,

(b)the single-step type-approval procedure, or

(c)the mixed type-approval procedure,

and, at the request of the applicant, the approval authority may, if it is thought appropriate, proceed by means of multi-stage type approval.

(3) An application under paragraph (1) must be in a form specified by the approval authority which—

(a)has been completed so as to provide all the information reasonably required by the authority in relation to the class of vehicle in respect of which the application is made, and

(b)is accompanied by—

(i)all the documents mentioned in the form as being required for the purposes of the application, and

(ii)the prescribed fee (if any).

(4) In this regulation, “mixed type-approval”, “multi-stage type approval”, “single-step type-approval” and “step-by-step type-approval” have the meanings given in Article 3 of the Type Approval Regulation but as if, in that Article, the words “type approval certificates under Article 42” were in each case substituted for “[F55GB type-approval certificates]”.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 1.9.2020, see reg. 1(b)

Grant of [F56GB small series type-approval and UK (NI)] national small series type approvalU.K.

16.—(1) The approval authority must—

[F57(a)make the decision whether or not to grant—

(i)a GB small series type-approval or an amendment to such an approval in accordance with Article 42 of the Type Approval Regulation (type-approval of vehicles produced in small series),

(ii)a UK (NI) national small series type-approval or an amendment to such an approval in accordance with Article 42 of the EU Type Approval Regulation, or

(iii)an amendment to a national small series type-approval granted prior to IP completion day in accordance with Article 42 of the Type Approval Regulation,]

(b)not grant the approval without first being satisfied that adequate arrangements have been made to ensure that production vehicles conform to the approved type, and

(c)give notice of the decision to the applicant.

(2) For the purposes of paragraph (1)(a), the alternative requirements required to be laid down under Article 42(2) are the technical or other requirements specified in Schedule 1.

(3) Where the approval authority decides to grant or amend [F58a type-approval in accordance with paragraph (1)], the authority must issue a type approval certificate which complies with regulation 20(1).

(4) If the holder of a [F59type-approval granted or amended in accordance with paragraph (1)] so requests, the approval authority must send, by registered or electronic mail, a copy of the type approval certificate and any attachments relating to it to an authority in a member State F60... corresponding to the approval authority.

(5) Upon receiving a request from a person wishing to sell, register or put into service in a member State F61... a vehicle manufactured in conformity with a [F62type-approval granted or amended in accordance with paragraph (1)], the approval authority must supply to the authority in that member State corresponding to the approval authority a copy of the type approval certificate and any attachments relating to it.

(6) The approval authority may refuse to grant a [F63GB small series type-approval or a UK (NI)] national small series type approval if the authority is not satisfied that the applicant has made adequate arrangements to comply with regulation 7.

(7) The holder of [F64a type approval granted under paragraph (1)] must issue, in respect of each vehicle (whether incomplete, complete or completed) which is manufactured in conformity with that approval, a certificate of conformity which—

(a)complies with regulation 20(3), and

(b)is numbered sequentially between 1 and the maximum permitted number to denote, in respect of each year of production, the position of the vehicle within the production allocated for that year.

(8) In paragraph (7), “maximum permitted number” and “year” have the meanings given in regulation 21(9).

(9) Article 36(3) of the Type Approval Regulation [F65or, in the case of a UK (NI) national small series type approval, the EU Type Approval Regulation,] applies in relation to the issue of a duplicate of a certificate of conformity originally issued under paragraph (7).

Textual Amendments

Commencement Information

I16Reg. 16 in force at 1.9.2020, see reg. 1(b)

Recognition [F66in Northern Ireland] of national type approvals of small series granted in F67...member StatesU.K.

17.—(1) A manufacturer may, pursuant to the provisions of paragraphs 1 to 4 of Article 43 of the [F68EU] Type Approval Regulation (national type approval of small series), apply to the approval authority for recognition [F69in Northern Ireland] of a [F70national] small series type approval granted to that manufacturer under the law of a member State F71... (a “non-UK type approval”).

(2) An application may not be made under paragraph (1) if an application in respect of the same type of vehicle has been made under regulation 15 and not withdrawn (and may not be proceeded with if an application under that regulation is made later).

(3) Not later than two months after receiving from the competent authority in that member State the type approval certificate and its attachments (including a statement of the technical provisions against which the vehicle type was approved), the approval authority must decide whether or not to accept the non-UK type approval.

(4) The type approval must be accepted unless the approval authority has reasonable grounds to believe that the technical provisions under which the approval was granted are not equivalent to those applying in [F72Northern Ireland].

(5) If the approval is accepted, the approval authority must, as soon as practicable—

(a)notify—

(i)the applicant, and

(ii)the competent authority in the member State which granted it;

(b)issue a [F73UK (NI)] national small series type approval certificate [F74in accordance with regulation 20(1)].

(6) For the purposes of this regulation, the approval authority has reasonable grounds to believe that the technical provisions under which the approval was granted are not equivalent to those applying in [F75Northern Ireland] if (but not only if) the authority is not satisfied that—

(a)the applicant has made adequate arrangements (including for co-operating with the approval authority and the competent authority in the member State which granted the approval) to ensure that production vehicles, systems, components or separate technical units covered by the non-UK type approval conform to the approved type, or

(b)vehicles supplied in the United Kingdom will be constructed for use in left-hand traffic and use imperial and metric units of measurement for the speedometer.

Textual Amendments

Commencement Information

I17Reg. 17 in force at 1.9.2020, see reg. 1(b)

CHAPTER 2U.K.Individual approval

Individual approvalU.K.

18.—(1) A person requiring an [F76a GB individual vehicle approval, a UK (NI) national individual vehicle approval or an EU individual vehicle approval] must—

(a)be a qualifying applicant, and

(b)make an application to the approval authority.

(2) An application under paragraph (1) must be in a form specified by the approval authority which—

(a)has been completed so as to provide all the information reasonably required by the authority in relation to the vehicle for which the application is made, and

(b)is accompanied by the documents mentioned in the form as being so required,

but the approval authority may waive all or any of these requirements in the case of a reapplication made not later than 6 months after an earlier refusal to grant an [F77an approval under this regulation] for the vehicle.

(3) This paragraph applies where—

(a)the application [F78for a UK (NI) national individual vehicle approval] made under paragraph (1) is an application pursuant to Article 45 of the [F79EU] Type Approval Regulation; and

(b)the vehicle to which the application relates is covered by a non-UK approval.

(4) Where paragraph (3) applies, the application must be accompanied by—

(a)evidence to the satisfaction of the approval authority of the type approval number of the vehicle concerned, where the vehicle has been type approved pursuant to Article 42 of the [F80EU] Type Approval Regulation under the law of a member State F81...; or

(b)a copy of—

(i)the non-UK approval, and

(ii)the attachments to the certificate of type approval (if applicable),

and, in the case of a vehicle which has the benefit of an individual approval granted pursuant to Article 45 of the [F80EU] Type Approval Regulation (individual approvals), must include a statement from the member State which granted it of the technical provisions against which the vehicle was approved.

(5) The approval authority may, if reasonably necessary and after payment of any prescribed fee, carry out an examination of the vehicle and in that event must, as soon as reasonably practicable after receiving the application, give to the applicant notice of—

(a)the place at which the examination of the vehicle is to be carried out, and

(b)the date and time at which the examination is to begin.

(6) Where the approval authority gives notice to an applicant under paragraph (5) that an examination of a vehicle is to be carried out—

(a)the applicant must attend with the vehicle, or arrange for the vehicle to be produced, at the time and place specified in the notice unless otherwise agreed with the approval authority, and

(b)the approval authority may decline to proceed with the examination at that time and place if it is considered unsafe or otherwise unreasonable to do so.

(7) The approval authority must—

(a)make the decision whether or not to grant [F82a GB individual vehicle approval] in accordance with Article 44 or Article 45 of the Type Approval Regulation, F83...

[F84(aa)make the decision whether or not to grant an EU individual vehicle approval in accordance with Article 44 of the EU Type Approval Regulation;

(ab)make the decision whether or not to grant a UK (NI) national individual vehicle approval in accordance with Article 45 of the EU Type Approval Regulation; and]

(b)give notice to the applicant accordingly.

(8) For the purposes of paragraph [F857]—

(a)the alternative requirements required to be imposed under Article 45(1) of the Type Approval Regulation [F86or the EU Type Approval Regulation] are the technical or other requirements specified in Schedule 2;

(b)where paragraph (3) applies, the approval authority must grant [F87a UK (NI) national individual vehicle approval] unless there are reasonable grounds to believe that the technical provisions under which the non-UK approval covering the vehicle was granted are not equivalent to those applying in [F88Northern Ireland].

(9) For the purposes of paragraph (8)(b), the approval authority has reasonable grounds to believe that the technical provisions under which an approval was granted are not equivalent to those applying in [F89Northern Ireland] if (but not only if) the authority is not satisfied that the vehicle for which the application is made—

(a)is constructed or adapted for use in left-hand traffic, and

(b)uses imperial units of measurement for the speedometer.

(10) Where the approval authority decides to grant an individual approval, [F90the approval authority must issue one of the following certificates in compliance with regulation 20(1A) or (2)—

(a)if the application relates to Great Britain, a GB individual approval certificate;

(b)in the application relates to Northern Ireland—

(i)a UK (NI) national individual approval certificate, or

(ii)an EU individual approval certificate.]

(11) If an individual approval certificate is lost or defaced, the owner or keeper of the vehicle to which the certificate relates may apply to the approval authority for a replacement certificate.

(12) Where a certificate has been lost, the application for a replacement must include—

(a)particulars of the vehicle or vehicle part to which the certificate related, and

(b)either the serial number of the original certificate or such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.

(13) Where a certificate has been defaced, the application for a replacement certificate must be accompanied by—

(a)the defaced certificate, and

(b)(if the serial number of that certificate is no longer legible) by such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.

(14) A replacement certificate must be marked “Replacement”.

(15) Every application under paragraph (11) for a replacement certificate must be accompanied by the prescribed fee (if any).

(16) In this regulation—

“non-UK approval” means—

(a)

type approval granted, pursuant to Article 42 of the [F91EU] Type Approval Regulation, under the law of a member State F92...,

(b)

an EU certificate of conformity issued in respect of a type approval [F93or an individual vehicle approval certificate granted under Article 44 of the EU Type Approval Regulation] (whether granted under the law of a member State [F94or any part of the United] Kingdom) showing that the vehicle was not constructed or adapted for use in left-hand traffic or that it does not use imperial units of measurement for the speedometer, or

(c)

an individual approval granted, pursuant to Article F95... 45 of the [F91EU] Type Approval Regulation, under the law of a member State F92...

“qualifying applicant” means—

(a)

F96the manufacturer of the vehicle,

(b)

F96the owner of the vehicle, or

(c)

F96 [F97a person established—

(i)

in Great Britain, in the case of an application for a GB individual vehicle approval, or

(ii)

in Northern Ireland or a member State, in the case of an application for a UK (NI) national individual vehicle approval or an EU individual vehicle approval,

who is acting on behalf of the manufacturer or owner.]

Textual Amendments

Commencement Information

I18Reg. 18 in force at 1.9.2020, see reg. 1(b)

Applications for individual approvals: appealsU.K.

19.—(1) This regulation applies where a notice has been given to an applicant under regulation 18(7) (“a relevant notice”).

(2) A person aggrieved by a decision made pursuant to an application under regulation 18 may appeal to the approval authority not later than 14 days after the date of receipt of the relevant notice.

(3) An appeal under this regulation must—

(a)be made by notice in writing in a form approved by the approval authority,

(b)state the grounds on which it is made,

(c)be accompanied by such documents and further evidence as may be specified in the form and reasonably necessary to support the grounds of appeal, and

(d)be accompanied by the prescribed fee (if any).

(4) As soon as reasonably practicable after receiving the notice of appeal the approval authority must—

(a)send a notice to the appellant stating the time and place where a re-examination of the vehicle is to be carried out for the purpose of determining the issues raised by the appeal, and

(b)appoint a person (“the examiner”) to re-examine the vehicle.

(5) The appellant must attend with the vehicle, or arrange for the vehicle to be produced, at the time and place specified in the notice under paragraph (4) unless otherwise agreed with the approval authority.

(6) The examiner must determine whether or not the decision made under regulation 18(7) was a correct decision and the provisions of regulation 18(7) to (9) apply for the purposes of that determination as they applied for the purposes of the original decision.

(7) The examiner may—

(a)confirm the original decision, or

(b)make such other decision as the examiner thinks fit (including the reimbursement of any fee paid by the appellant),

and if it is decided that an [F98approval under regulation 18] should be granted the examiner must notify the approval authority accordingly.

Textual Amendments

Commencement Information

I19Reg. 19 in force at 1.9.2020, see reg. 1(b)

CHAPTER 3U.K.Form of certificates

Form of certificates: [F99UK (NI) national small series type approval, GB small series type-approval] and individual approvalU.K.

20.—(1) A [F100UK (NI) national] small series type approval certificate [F101or a GB small series type-approval certificate] must be in the form set out in Model A of Annex III [F102—

(a)to the Implementing Regulation, in the case of a GB small series type-approval certificate, or

(b)to the EU Implementing Regulation, in the case of a UK (NI) national small series type-approval certificate.]

[F103(1A) An EU individual vehicle approval certificate must be in the form set out in Model D of Annex III to the EU Implementing Regulation.]

(2) An individual approval certificate must be in the form set out in Model E of Annex III [F104—

(a)to the Implementing Regulation, in the case of a GB individual vehicle approval certificate, or

(b)to the EU Implementing Regulation, in the case of a UK (NI) national individual vehicle approval certificate.]

(3) [F105The certificate of conformity for a GB small series type-approval or a national small series type-approval granted by the Secretary of State before IP completion day] must be in the same format as that prescribed by Articles 36 and 37 of the Type Approval Regulation and Article 8 of the Implementing Regulation for an [F106GB certificate of conformity] relating to a vehicle of the same category and class containing such particulars as are relevant to the vehicle in respect of which it is issued, save that—

[F107(a)the certificate must carry the heading “Small Series Certificate of Conformity (Great Britain), or, in the case of a national small series type-approval granted by the Secretary of State before IP completion day, National Small Series Certificate of Conformity (United Kingdom)”;]

(b)for each reference to [F108a GB type-approval] there must be substituted a reference to a [F109GB] small series type approval, and

(c)for [F110"GB type-approved"], in each place the expression occurs, there must be substituted “[F111GB small series] type-approved”.

[F112(3A) A UK (NI) national small series certificate of conformity must be in the same format as that prescribed by Articles 36 and 37 of the EU Type Approval Regulation and Article 8 of the EU Implementing Regulation for an EU certificate of conformity relating to a vehicle of the same category and class containing such particulars as are relevant to the vehicle in respect of which it is issued, save that—

(a)the certificate must carry the heading “National Small Series Certificate of Conformity (Northern Ireland)”,

(b)for each reference to an EU type-approval there must be substituted a reference to a national small series type-approval, and

(c)for “EU type-approved”, in each place the expression occurs, there must be substituted “nationally type-approved”.]

(4) In this regulation,

[F113(a)]“the Implementing Regulation” means Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehiclesM16;

[F114(b)“the EU Implementing Regulation” means Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as it has effect in EU law and by virtue of the Northern Ireland Protocol.]

Textual Amendments

Commencement Information

I20Reg. 20 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M16OJ No. L 163, 26.5.2020, p. 1.

PART 4 U.K.Conditions for licensing or entry into service of vehicles

CHAPTER 1U.K.Conditions relating to motor vehicles

Grant of first licence or registration of motor vehicleU.K.

21.—(1) Where a person makes an application under section [F1157] of the 1994 Act for—

(a)the issue of a first vehicle licence for a motor vehicle which is a relevant vehicle, or

(b)the issue of a first nil licence for a motor vehicle which is a relevant vehicle,

the licence must not be granted unless [F116the vehicle satisfies the condition in paragraph (1A) and either] [F117the condition] in paragraph (3) is satisfied or paragraph (6) applies.

[F118(1A) The condition in this paragraph is that, if no vehicle approval issued by the Secretary of State, whether before or after IP completion day, in accordance with Article 45 of the Type Approval Regulation or the EU Type Approval Regulation has effect with respect to the vehicle, the vehicle—

(a)has been constructed for use in left-hand traffic, and

(b)uses both imperial and metric units of measurement for the speedometer.]

(2) Where a person makes an application under section 21 of the 1994 Act for the registration, before the issue of a first licence, of a motor vehicle which is a relevant vehicle the vehicle must not be registered unless [F119the vehicle satisfies the condition in paragraph (1A), and either—

(a)the condition in paragraph (3) is satisfied, or

(b)paragraph (6) applies.]

[F120(3) The “condition” is that an appropriate approval or certificate of conformity has effect with respect to the vehicle.]

(4) Subject to [F121paragraphs (4A) and (5)], for the purposes of this Part a certificate of conformity of any kind has effect if—

(a)it is issued in respect of—

(i)a type approval which, at the appropriate date, is valid for the vehicle in question, or

(ii)an end-of-series vehicle [F122and the Secretary of State has permitted the registration of that vehicle in accordance with Article 49 of the Type Approval Regulation, or of the EU Type Approval Regulation], and

(b)it is not issued in contravention of—

(i)an implementing act adopted under Article 36(4) of the Type Approval Regulation [F123or the EU Type Approval Regulation], or

(ii)regulation 16(7) (limitation on putting into service of vehicles covered by small series type approvals).

[F124(4A) For the purposes of this Part, where a vehicle is to be kept, or normally kept, at a place in Great Britain—

(a)an EU certificate of conformity which is not a certificate of conformity to which paragraph (4B) applies only has effect if it is issued in relation to a vehicle which—

(i)is a qualifying Northern Ireland good, or

(ii)was in the United Kingdom before IP completion day;

(b)an EU individual approval certificate which is not issued by the Secretary of State only has effect if it is issued in relation to a vehicle which—

(i)is a qualifying Northern Ireland good, or

(ii)was in the United Kingdom before IP completion day.

(4B) This paragraph applies to—

(a)an EU certificate of conformity to which section 57(1ZA) or 57(1ZC) of the Road Traffic Act 1988 applies, and

(b)an EU certificate of conformity issued pursuant to an EU type-approval granted by the Secretary of State.]

(5) An EU certificate of conformity also has effect for the purposes of this Part if—

[F125(a)the vehicle to which it relates—

(i)was first put into service in a member State, and

(ii)if it is to be kept or normally kept at a place in Great Britain, it was first registered outside the United Kingdom before IP completion day,]

(b)it was issued in respect of an EU type-approval which was valid on the date on which the vehicle was first put into service, and

(c)it shows that the vehicle was constructed for use in left-hand traffic and that it uses imperial and metric units of measurement for the speedometer.

(6) This paragraph applies where a vehicle—

(a)is of a class falling in category M2 or M3, and

(b)was completed before 30th July 2011.

(7) In relation to a vehicle of a type to which [F126a GB small series type-approval] has been granted by the approval authority under regulation 16 [F127, where the vehicle is to be kept or normally kept in Great Britain], the Secretary of State must not—

(a)issue a first vehicle licence for a motor vehicle,

(b)issue a first nil licence for a motor vehicle,

(c)register a motor vehicle before the issue of a first licence, or

(d)give consent under regulation 23(3) to the supply of a large trailer for use on a road,

if it appears that doing so would cause the total number of vehicles registered or, as the case may be, put into service on roads in the [F128Great Britain] in any year to exceed the maximum permitted number.

[F129(7A) In relation to a vehicle of a type to which a national small series type-approval or a UK (NI) national small series type-approval has been granted by the approval authority under regulation 16, the Secretary of State must not—

(a)issue a first vehicle licence for a motor vehicle,

(b)issue a first nil licence for a motor vehicle,

(c)register a motor vehicle before the issue of a first licence, or

(d)give consent under regulation 23(3) to the supply of a large trailer for use on a road,

if it appears that doing so would cause the total number of vehicles registered or, as the case may be, put into service on roads in the United Kingdom in any year to exceed the maximum permitted number.]

(8) In calculating whether the maximum permitted number is exceeded in any particular year, no account is to be taken of any vehicle manufactured in an earlier year which was not registered or, as the case may be, put into service on roads in the United Kingdom [F130or Great Britain, as the case may be,] in that year and provided that the number of vehicles manufactured in that earlier year did not exceeded the maximum permitted number.

(9) In this regulation—

[F131“appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle—

(a)

where the vehicle is to be kept, or normally kept, at a place in Great Britain—

(i)

a certificate of conformity issued under regulation 16(7) relating to—

(aa)

a GB small series type approval,

(bb)

a UK (NI) national small series type approval; or

(cc)

a national small series type approval issued by the Secretary of State before IP completion day,

(ii)

an individual vehicle approval certificate issued under regulation 18(10) of these Regulations, whether that approval—

(aa)

is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)

is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)

an EU individual vehicle approval,

(iv)

a GB certificate of conformity issued in relation to a GB whole-vehicle type-approval, or a GB medium series type-approval,

(v)

an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998, the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(vi)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation, Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers, or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as either of those directives were implemented in the law of that member State, or

(vii)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988; or

(b)

where the vehicle is to be kept, or normally kept, at a place in Northern Ireland, a certificate or approval referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), (iii), (v), or (vi);]

[F132“appropriate date” means, as the case may be —

(a)

in the case of a certificate of conformity issued under section 57(1) of the Road Traffic Act 1988 in respect of a vehicle of a type which has been approved under section 55(1A) or 55(1D) of that Act, the date of issue of that certificate of conformity or the date of issue of that type-approval (whichever date is later), or

(b)

in any other case, the date of application under section 7 or 21 of the 1994 Act for the registration of, or the issue of a first licence for a vehicle];

F133...

[F134“maximum permitted number” means —

(a)

for the purposes of paragraph (7), the number of units specified in the table in paragraph 2 of Section A of Annex V to the Type Approval Regulation in relation to the vehicle category to which that type belongs, and

(b)

for the purposes of paragraph (7A), the number of units specified in the table in paragraph 2 of Section A of Annex V to the EU Type Approval Regulation in relation to the vehicle category to which that type belongs;]

“old vehicle” means—

(a)

a vehicle of category M1 or N1 which is more than 10 years old at the appropriate date, or

(b)

vehicle of category N2 or N3 which is more than 25 years old at the appropriate date;

“relevant vehicle” means a vehicle which is not an old vehicle and which is—

(a)

a vehicle of category M or N to which the Type Approval Regulation applies on a compulsory basis, or

(b)

a vehicle of any category except category O to which the Type Approval Regulation applies on an optional basis and where the manufacturer has obtained type approval or individual approval in respect of that vehicle;

“year” means any period commencing with 1st January and ending with 31st December.

Textual Amendments

Commencement Information

I21Reg. 21 in force at 1.9.2020, see reg. 1(b)

Interoperability for car radio receiversU.K.

22.—(1) A person commits an offence if a motor vehicle of category M—

(a)is made available for sale or rent by that person for the first time on or after 21st December 2020, and

(b)that motor vehicle is fitted with an integrated car radio receiver which is not permitted.

(2) An integrated car radio receiver is not permitted unless it comprises a receiver capable of receiving and reproducing at least radio services provided via digital terrestrial radio broadcasting.

(3) A car radio receiver which is in accordance with harmonised standards is to be taken to comply with the requirement of paragraph (2).

(4) In this regulation—

“car radio receiver” means any apparatus installed in a motor vehicle for the purpose of receiving (whether by means of wireless telegraphy or otherwise) and reproducing any radio service, whether or not the apparatus is installed for any other purpose;

“harmonised standards” means any harmonised standards or parts thereof relating to whether a car radio receiver is capable of receiving and reproducing at least radio services provided via digital terrestrial radio broadcasting, the references of which have been published in the Official Journal of the European Union;

“made available” means any supply for distribution, consumption or use on the market in an EEA State in the course of a commercial activity, whether in return for payment or free of charge;

“radio service” means any of—

(a)

a sound broadcasting service, as defined in section 126 of the Broadcasting Act 1990 M17;

(b)

a digital sound programme service or radio multiplex service, as defined in section 40 of the Broadcasting Act 1996 M18;

(c)

the equivalent of the services in paragraphs (a) or (b) in another EEA State.

Commencement Information

I22Reg. 22 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

CHAPTER 2U.K.Conditions relating to trailers

Consent to supply of large trailers for use on a roadU.K.

23.—(1) A final supplier who intends to supply for use on a road a large trailer which is a relevant vehicle must first—

(a)notify the approval authority of that intention,

(b)furnish the approval authority with pertinent information about the trailer, and

(c)obtain the consent of the approval authority to the supply of the trailer for such use.

(2) Paragraph (1) does not apply if the trailer has previously been supplied by a final supplier for use on a road.

(3) The approval authority must give consent for the purposes of paragraph (1)(c) if—

(a)the principal conditions are satisfied, or

(b)when the alternative conditions apply, those conditions are satisfied.

(4) The “principal conditions” are that—

(a)an appropriate approval or certificate of conformity has effect with respect to the trailer,

(b)where the application for consent is in consequence of the importation of the trailer from a place outside the United Kingdom, any value added tax or customs duty charged on or arising from its removal into the United Kingdom has been paid or remitted (or the approval authority is satisfied that it will be paid or remitted), and

(c)there is otherwise no lawful reason (whether or not arising from a breach of these Regulations) for refusing to give consent.

(5) Schedule 3—

(a)states when the alternative conditions apply, and

(b)prescribes those conditions.

(6) Before giving consent for the purposes of paragraph (1)(c), the approval authority may—

(a)undertake an inspection of the trailer (or arrange for such an inspection to be undertaken), and

(b)carry out such tests on the trailer as the authority thinks fit (or arrange for such tests to be carried out).

(7) Where the approval authority refuses to give consent under this regulation, the refusal must be accompanied by notice of that fact.

(8) In this regulation—

[F135“appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle—

(a)

where the trailer is to be kept, or normally kept at a place in Great Britain—

(i)

a certificate of conformity issued under regulation 16(7) relating to—

(aa)

a GB small series type-approval,

(bb)

a UK (NI) national small series type-approval, or

(cc)

a national small series type approval issued by the Secretary of State before IP completion day,

(ii)

an individual vehicle approval issued under regulation 18(10) of these Regulations, whether that approval—

(aa)

is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)

is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)

a GB certificate of conformity issued in relation to a GB type-approval,

(iv)

an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998, the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(v)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as that directive was implemented in the law of that member State, provided that the trailer to which the approval relates—

(aa)

was in the United Kingdom before 1st January 2023, or

(bb)

is a qualifying Northern Ireland good, or

(vi)

a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

(b)

where the trailer is to be kept or normally kept in Northern Ireland—

(i)

a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

(ii)

an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State,]

“relevant vehicle” means trailers of category O to which the Type Approval Regulation applies M19.

Textual Amendments

Commencement Information

I23Reg. 23 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M19See Article 2 of that Regulation.

Records of large trailersU.K.

24.  For a period of not less than 10 years from the date of the consent, the approval authority must keep a record of—

(a)every consent given under regulation 23(3), and

(b)the pertinent information about the large trailer in respect of which that consent is given.

Commencement Information

I24Reg. 24 in force at 1.9.2020, see reg. 1(b)

Records of small trailersU.K.

25.—(1) A final supplier who—

(a)has supplied a small trailer for use on a road, or

(b)puts such a trailer into service on a road for personal use (as the end-user),

must, as soon as reasonably possible after making that supply or putting the trailer into service, make a record of pertinent information about the trailer.

(2) Paragraph (1) does not apply if—

(a)the trailer has previously been used on a road, or

(b)it was manufactured more than 10 years before the date when it is first used on a road.

(3) The final supplier must keep, or ensure that there is kept, in a secure manner every record of pertinent information made under paragraph (1) for a period of not less than 10 years from the date on which that supplier supplies the trailer for use, or puts it into service, on a road.

Commencement Information

I25Reg. 25 in force at 1.9.2020, see reg. 1(b)

CHAPTER 3U.K.Interpretation

Interpretation of PartU.K.

26.—(1) In this Part—

“large trailer” means a trailer constructed or adapted for the carriage of goods—

(a)

which is—

(i)

a semi-trailer of any weight, or

(ii)

a trailer other than a semi-trailer or converter dolly the unladen weight of which exceeds 1020kg, and

(b)

which is not a vehicle of a description listed in—

(i)

Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988 M20, or

(ii)

Schedule 2 to the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003 M21;

“pertinent information” means—

(a)

the principal information, or

(b)

when the alternative conditions apply, the alternative information.

“principal information” is—

(a)

the name and address and (if any) the company registration number of the manufacturer;

(b)

the manufacturer's designation (make and model) of the trailer;

(c)

the month and year when manufacture of the vehicle was completed;

(d)

the vehicle identification (VIN) number;

(e)

the number of—

(i)

the type approval, or

(ii)

the individual approval certificate;

(f)

in the case of a large trailer, the date of any certificate of conformity issued in respect of the vehicle;

(g)

in the case of a small trailer—

(i)

a copy of any certificate of conformity issued in respect of the vehicle,

(ii)

the date of supply, and

(iii)

the name and address of the purchaser;

(h)

[F136whether the trailer is to be kept, or normally kept, at a place in Great Britain, in Northern Ireland, or in either jurisdiction;]

“small trailer” means a trailer which is not a large trailer.

(2) For the purposes of this regulation—

  • “alternative conditions” are the conditions applied by virtue of Schedule 3;

  • “alternative information” is the information specified in Schedule 3;

  • “converter dolly” means a trailer which—

    (a)

    is equipped with two or more wheels,

    (b)

    is designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and

    (c)

    is not in itself part of the semi-trailer or the drawing vehicle when being so used;

  • “semi-trailer” means a trailer which is constructed or adapted to form part of an articulated vehicle.

Textual Amendments

Commencement Information

I26Reg. 26 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M20S.I. 1988/1478. Schedule 2 was amended by S.I. 1991/252, 1995/1456, 2001/307, 2002/487, 2003/1816, 2005/2343, 2011/3058 and 2017/849.

M21S.R. 2003 No. 304. Schedule 2 was amended by S.R. 2013 No. 218 and 2018 No. 86.

CHAPTER 4U.K.Making available on the market, registration or entry into service: limits and derogations

End-of-Series vehicles: limits [F137(Great Britain)] U.K.

27.  For the purposes of Part B of Annex V of the Type Approval Regulation, the maximum number of complete vehicles and completed vehicles M22 entered into service in the [F138Great Britain] is restricted in accordance with paragraph 2 of that Part.

Textual Amendments

Commencement Information

I27Reg. 27 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M22See Article 3(26) and (27) of the Type Approval Regulation for the definitions of completed vehicle and complete vehicle.

[F139End-of-Series vehicles: limits (Northern Ireland)U.K.

27A.  For the purposes of Part B of Annex V of the EU Type Approval Regulation, the maximum number of complete vehicles and completed vehicles entered into service in Northern Ireland is restricted in accordance with paragraph 2 of that Part.]

Textual Amendments

Components and separate technical units: derogationsU.K.

28.  Except where these Regulations or any other enactment make provision to the contrary (if at all), the derogations permitted by paragraphs 3, 4 and 5 of Article 50 of the Type Approval Regulation [F140or the EU Type Approval Regulation] apply.

Textual Amendments

Commencement Information

I28Reg. 28 in force at 1.9.2020, see reg. 1(b)

PART 5 U.K.Offences, enforcement and civil penalties

Offences, enforcement and civil penaltiesU.K.

29.—(1) Schedule 4 (offences, penalties, enforcement and other matters) and Schedule 5 (other legislation for which penalties are applied) have effect.

(2) Except in paragraph 2 of Schedule 4 or in relation to the expression “Officer of Revenue and Customs”, a reference in Schedule 4 to an officer is a reference to any person authorised by the enforcement authority to assist the authority in enforcing these Regulations [F141, the Type Approval Regulation and the EU Type Approval Regulation].

Textual Amendments

Commencement Information

I29Reg. 29 in force at 1.9.2020, see reg. 1(b)

PART 6 U.K.Consequential amendments, revocations, savings and transitional provisions

Consequential amendments, revocations and savingsU.K.

30.—(1) Schedule 6 (consequential amendments and revocations) has effect.

(2) Anything—

(a)done under, or by virtue of, any provision in Regulations revoked by these Regulations, if it could have been done under or for the purpose of the corresponding provision of these Regulations or the Type Approval Regulation, is deemed to have been done under or by virtue of the corresponding provision of these Regulations or the Type Approval Regulation, and

(b)begun under, or by virtue of, any provision in Regulations revoked by these Regulations, if it may be done under or for the purpose of the corresponding provision of these Regulations or the Type Approval Regulation, may be continued under these Regulations or the Type Approval Regulation as if begun under these Regulations or the Type Approval Regulation.

Commencement Information

I30Reg. 30 in force at 1.9.2020, see reg. 1(b)

Transitional provision: national small series type approval of vehicles over 4m in heightU.K.

31.—(1) This regulation applies in respect of a national small series type approval—

(a)granted pursuant to the Road Vehicles (Approval) Regulations 2009, and

(b)valid immediately before the coming into force of these Regulations.

(2) In relation to a type of vehicle specified in column (1) of the Table in this regulation and which exceeds 4 metres in height, the definition of “maximum permitted number” in regulation 21(9) is to be read as though it were a reference to the number shown in column (2) of the table in relation to the vehicle category to which that type belongs.

Table

Maximum permitted number

Column 1 Vehicle categoryColumn 2 Maximum permitted number
M2 or M31000
N2 or N31200
O3 or O42000

Commencement Information

I31Reg. 31 in force at 1.9.2020, see reg. 1(b)

Transitional provision: national small series type approval certificate of conformityU.K.

32.  For the period beginning with the day on which these Regulations are commenced and ending with 31st December 2020, the obligations imposed by regulation 20(3) apply as though, in paragraph 3 of Annex VIII of the Implementing Regulation (as defined in regulation 20(4)), the words after “coloured graphics” were omitted.

Commencement Information

I32Reg. 32 in force at 1.9.2020, see reg. 1(b)

Signed by authority of the Secretary of State for Transport

Chris Heaton-Harris

Minister of State

Department for Transport

SCHEDULES

Regulation 6A

[F142SCHEDULE A1U.K.Reusability, recycling and recovery

Textual Amendments

ExemptionsU.K.

1.  Without prejudice to the application of the provisions of paragraph 6, this Schedule does not apply to—

(a)special purpose vehicles as defined in part A, point 5, of Annex I to the Type Approval Regulation;

(b)multi-stage built vehicles belonging to category N1, provided that the base vehicle complies with this Schedule;

(c)vehicles produced in medium or small series, referred to in Articles 41 and 42 of the Type Approval Regulation.

DefinitionsU.K.

2.—(1) Terms used in this Schedule and in the Annexes to UNECE Regulation 133 have the definitions given in paragraph 2 of UNECE Regulation 133 unless otherwise stated.

(2) In this Schedule—

“base vehicle” means a vehicle as defined in Article 3(24) of the Type Approval Regulation, which is used at the starting stage of a multi-stage construction;

“competent body’ has the meaning given in sub-paragraph (3);

“end-of-life vehicle” means a vehicle as defined in regulation 2 of the End-of-Life Vehicles Regulations 2003;

“mass” means the mass of the vehicle in running order as defined in Article 2 of Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers, but excluding the driver, whose mass is assessed at 75 kg;

“multi-stage construction” means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts;

“the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles, as last amended by Commission Delegated Directive (EU) 2020/363;

“UNECE Regulation 133” means UNECE Regulation 133.00, with the modifications set out in paragraph 6;

“vehicle type” means the type of a vehicle as defined in Part B, points 1 and 3, of Annex I to the Type Approval Regulation.

(3) In this Schedule, “competent body” means an entity, such as a technical service or another body that complies with the competency criteria specified in paragraph 2.1 of Annex 5 to UNECE Regulation 133, authorised by the Secretary of State for the purposes of this Schedule to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Schedule.

(4) The approval authority may act as the competent body under sub-paragraph (3), provided its competence in this field is demonstrated in accordance with Chapter XV of the Type Approval Regulation.

Type-approval provisionsU.K.

3.—(1) The approval authority may only grant a GB type-approval, with regard to reusability, recyclability and recoverability, to such vehicle types that satisfy the requirements of this Schedule.

(2) For the application of sub-paragraph (1), the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex 1 to UNECE Regulation 133, relating to the nature of the materials used in the construction of the vehicle and its component parts.

(3) In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer (“M”) or of M’s suppliers, M or M’s suppliers must supply sufficient information to enable those calculations to be made properly.

(4) With regard to reusability, recyclability and recoverability, the approval authority must ensure, subject to sub-paragraph (5), that the manufacturer uses the model of the information document set out in Annex 2 to UNECE Regulation 133, when submitting an application for GB vehicle type-approval, pursuant to Article 23 of the Type Approval Regulation.

(5) In the case of applications for GB type-approval made on or before 31 July 2026, the numbered entries in the model information document referred to in sub-paragraph (4) (“the specified model”) may be replaced by corresponding entries with a different numbering taken from Annex II to Directive 2005/64 of the European Parliament and of the Council of 26 October 2005 on the type approval of motor vehicles with regard to their reusability, recyclability and recoverability or Annex I to Regulation (EU) 2020/683, as that Regulation has effect in EU law, provided that all the information in the specified model is provided.

(6) When granting a GB type-approval pursuant to Article 26 of the Type Approval Regulation, the approval authority must use the model of the GB type-approval certificate set out in Annex 3 to UNECE Regulation 133.

Assessment of the manufacturerU.K.

4.—(1) The approval authority must not grant a GB type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex 5 to UNECE Regulation 133, to manage properly the reusability, recyclability and recoverability aspects covered by this Schedule.

(2) When this preliminary assessment has been carried out, a certificate named “Certificate of Compliance with Annex 5” (the “certificate of compliance”) must be granted to the manufacturer.

(3) For the purposes of sub-paragraph (1), the approval authority must ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of the Directive, taking into account the exemptions set out in Annex II to the Directive, and for this purpose, references in the table in Annex II to vehicles type-approved before a stated date are to be read as referred to vehicles which have received EU type-approval pursuant to Directive 2005/64 before the stated date.

(4) For the purpose of sub-paragraph (1), the manufacturer must recommend a strategy to ensure the dismantling, recycling and recovery of materials used in the vehicle type, and the reuse of any component parts.

(5) The strategy must take into account the technologies available or in development at the time of the application for a GB whole-vehicle type-approval.

(6) The Secretary of State must appoint a competent body, in accordance with point 2 of Annex 5 to UNECE Regulation 133, to carry out the any assessment of the manufacturer required by this paragraph and to issue the certificate of compliance.

(7) The certificate of compliance must include the appropriate documentation and describe the strategy recommended by the manufacturer.

(8) The competent body must use the model set out in the Appendix to Annex 5 to UNECE Regulation 133 for the certificate of compliance.

(9) A certificate of compliance issued under this paragraph, including a new certificate of compliance issued pursuant to sub-paragraphs (12) or (13), must remain valid for two years from the date of issue to the manufacturer.

(10) The manufacturer must inform the competent body immediately in the event of any significant changes which are relevant to the competent body’s decision to issue a certificate of compliance under this paragraph.

(11) After receiving that notification, and after consulting the manufacturer, the competent body must carry out a further assessment where it is no longer satisfied that the manufacturer complies with the requirements of this Schedule.

(12) Following any assessment conducted pursuant to sub-paragraph (11), the competent body must cancel the existing certificate of compliance and may only issue a new certificate of compliance if it is satisfied that the manufacturer continues to comply with the requirements of this Schedule.

(13) At the end of the period of validity of the certificate of compliance, the competent body must not issue a new certificate of compliance unless it is satisfied the manufacturer continues to comply with the requirements of this Schedule, and for this purpose, the competent body may decide to carry out a further assessment of the manufacturer in accordance with this paragraph.

(14) Where the certificate of compliance is no longer valid or has been cancelled in accordance with this paragraph, and no new certificate of compliance has been issued under sub-paragraph (12) or (13), the competent body must inform the approval authority of this fact.

(15) The approval authority must cancel any GB type-approval issued in accordance with this Schedule where the certificate of compliance is no longer valid or has been cancelled in accordance with sub-paragraph (12) and no new certificate of compliance has been issued under sub-paragraph (12) or (13).

Reuse of component partsU.K.

5.  The component parts listed in Annex 6 to UNECE Regulation 133 must—

(a)be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates;

(b)not be reused in the construction of vehicles falling within the scope of the Type Approval Regulation by virtue of Article 2 of that Regulation.

Modifications of UNECE Regulation 133U.K.

6.—(1) For the purposes of this Schedule, UNECE Regulation 133 is to be read with the following modifications.

(2) In Annex 1, in paragraph 8, as if the reference to “paragraph 6.3 of this Regulation” were to “paragraph 4.2 of this Schedule”.

(3) In Annex 3, as if—

(a)in the heading, the reference to “Communication” were to “Communication: GB type-approval”;

(b)the image below the heading were omitted;

(c)explanatory note 1 were omitted.

(4) In Annex 5, as if—

(a)in the certificate heading, the reference to “ANNEX 5 TO REGULATION No 133.”, were to “PARAGRAPH 4(1) OF SCHEDULE A1 TO THE ROAD VEHICLES (APPROVAL) REGULATIONS 2020”;

(b)the reference in the certificate to “complies with the provisions of Annex 5 to Regulation No.133” were to “complies with the provisions of paragraph 4(1) of Schedule A1 to the Road Vehicles (Approval) Regulations 2020”.]

Regulation 16(2)

SCHEDULE 1U.K.Technical and administrative requirements for grant of national small series type approval

PART 1U.K.Interpretation

1.  In this Schedule—U.K.

“approval” means—

(a)

a certificate of type approval (including a certificate issued in accordance with Council Directive 70/156/EEC or Directive 2007/46/EC) issued in the United Kingdom or [F143a] member State, or

(b)

a document of approval issued under the law of a country or territory outside the United Kingdom,

which is sufficient to show that a vehicle, system, component or separate technical unit complies with a requirement specified in column 1 of a table in this Schedule;

“certificate of conformity” means a certificate of conformity issued in respect of a type approval granted in the United Kingdom or [F144a] member State (including a type approval granted before 5th July 2020);

“disabled person's vehicle” means a vehicle constructed or adapted to enable a person with a disability to travel in the vehicle as a driver or a passenger, in safety and reasonable comfort (and “disability” has the same meaning as in section 6(1) of the Equality Act 2010 M23);

“effective date” has the meaning given in Part 1 of Schedule 2;

“test report” means a report issued by a technical service (within the meaning of Article 3(38) of the Type Approval Regulation [F145or, in the case of a UK (NI) national small series type-approval, the EU Type Approval Regulation]) which is sufficient to show that a vehicle, system, component or separate technical unit complies with a requirement specified in column 1 of a table in this Schedule.

Textual Amendments

Commencement Information

I33Sch. 1 Pt. 1 para. 1 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

2.  A reference in a table in this Schedule to any numbered item is, except where otherwise provided, a reference to the item so numbered in that table.U.K.

Commencement Information

I34Sch. 1 Pt. 1 para. 2 in force at 1.9.2020, see reg. 1(b)

3.  A reference in column 1 of a table in this Schedule to any Directive, Regulation (other than a UNECE Regulation) or Decision is a reference to the version of that Directive, Regulation or Decision [F146as it has effect in EU law]—U.K.

(a)as at the date of any specified last amendment, or

(b)where it has been revoked and no last amendment is specified, immediately before that revocation.

Textual Amendments

Commencement Information

I35Sch. 1 Pt. 1 para. 3 in force at 1.9.2020, see reg. 1(b)

4.  A reference in column 2 or 3 of a table in this Schedule to any Directive, Regulation or Decision is a reference to the version of that Directive, Regulation or Decision mentioned in the corresponding entry in column 1 of the table concerned.U.K.

Commencement Information

I36Sch. 1 Pt. 1 para. 4 in force at 1.9.2020, see reg. 1(b)

PART 2U.K.Requirements for vehicles of category M1

CHAPTER 1U.K.

Commencement Information

I37Sch. 1 Pt. 2 Ch. 1 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1Noise

The technical provisions of Annex I to Directive 70/157/EEC M24 as last amended by Directive 1999/101/EC M25,

or

vehicles for which an approval or test report has been issued prior to modification of the exhaust system, a Stationary Noise Test is permitted.

“Stationary Noise Test” means:

(a) in the case of a modified exhaust system, a stationary test as defined in paragraphs 5.2.3.4.2 and 5.2.3.4.3 of Annex I to Directive 70/157/EEC with a noise limit value measured on the dB(A) scale which must not exceed the equivalent stationary value recorded on the approval, certificate of conformity or test report for that vehicle by more than 2dB(A) at 0.5m, and

(b) in the case of vehicles having a maximum permissible mass exceeding 2800kg fitted with a modified air brake system, a test report to paragraph 5.4 of Annex I to Directive 70/157/EC (except that this does not apply if proprietary air brake silencers are fitted).

1 Directive 70/157/EEC, Annex I, paragraphs 5.3.1.1, 5.3.1.2 and 5.3.1.3.
2 Modification of the exhaust system length after last silencer not exceeding 2m is permissible without further test.
3 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2Light Duty Emissions
1 The technical provisions of Regulation (EC) 715/2007 as last amended by Regulation (EC) 692/2008 M26, Annex I, Table 2.“OBD” means On-board Diagnostic Systems.1 Vehicles are exempt from the requirements of OBD.
2 Complete or completed vehicles manufactured after 1st December 2018: the technical provisions of Annex XXI to Commission Regulation (EU) 2017/1151 M27 (WLTP).2 This item does not apply to vehicles approved to item 41.
3 Modification of the exhaust system is permitted without any further test provided the emission control devices including particulate filters (if any) are not affected.
4 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
5 An approval issued to the most representative base vehicle remains valid irrespective of change in the reference mass or aerodynamic performance.
6 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
7 Vehicles exceeding 2840kg reference mass (but not exceeding 5000kg reference mass) can also be considered to be in scope of this requirement.
3AFuel Tanks
1 The technical provisions of Directive 70/221/EEC M28 as last amended by Directive 2006/20/EC M29.

In the case of fuel tanks other than tanks for gaseous fuels:

(a) tanks must comply with the requirements specified in column 1 except that the approval or test report need not be for the same vehicle type, and

(b) modifications to the pipework or relocation of a tank excluding modification of the tank, the cap/filler device or the venting device, may be accepted by the approval authority.

2 For vehicles using gaseous fuels:

UNECE Regulation 67.01 for LPG,

UNECE Regulation 110 for CNG,

UNECE Regulation 115 for LPG or CNG retro-fit, or

the technical provisions of Regulation (EC) No 79/2009 M30 or UNECE Regulation 134 for hydrogen.

3BRear Protective Devices
The technical provisions of Directive 70/221/EEC as last amended by Directive 2006/20/EC.
4Rear Registration Plate Space

The technical provisions of Directive 70/222/EEC M31,

or:

Space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001 M32.

5Steering Equipment
The essential technical provisions of Directive 70/311/EEC M33 as last amended by Directive 1999/7/EC M34.“Manual or Power Assisted System” means a system that will operate in the event of failure of any power supply or assistance.1 In the case of a Manual or Power Assisted System, paragraph 5.2 of Annex I to Directive 70/311/EEC does not apply if a driving assessment conducted by the approval authority reveals no undue steering effort, instability, or other adverse characteristics.
2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 Directive 70/311/EEC, Annex I, paragraphs 4.1.1.2 and 4.2.1.1.2. does not apply to a steering control system designed to meet the needs of a driver with a physical disability.
6Door latches and Hinges
The essential technical provisions of Directive 70/387/EEC M35 as last amended by Directive 2001/31/EC M36.1 Does not apply to doors which do not give direct access to a seat designed for normal use while a vehicle is travelling on a road. This includes any door, for which the longitudinal plane passing through the extreme inboard projecting point of such a door is more than 300mm distant from the longitudinal plane passing through the nearest edge of such a seat. For the purpose of this provision the seating position of a wheelchair is considered to be a seat.
2 This item does not apply to doors meeting the technical requirements specified in paragraphs 7.6.4 to 7.6.6 or in paragraph 7.6.7 of Annex I to Directive 2001/85/EC M37.
7Audible Warning
The technical provisions of paragraph 2 of Annex I to Directive 70/388/EEC M38 as last amended by Directive 87/354/EC M39.“Sound Level Check” means a vehicle test as described in the technical provisions given in column 1 except that a voltage test is not required.

1 Inspection to confirm the presence and operation of a device including a Sound Level Check.

2 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
3 In the case of armoured vehicles additional panic alarm devices are permitted. For the technical provisions see item 13.
8Indirect Vision
The technical provisions of Directive 2003/97/EC M40.1 Field of view requirements do not apply to optional mirrors.
2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

3 In the case of a passenger car where the longitudinal plane of the exterior bodywork on either side of the vehicle adjacent to the driver's position on which an exterior rear view mirror may be mounted is more than 150mm inwards from a longitudinal plane passing through the outer edge of the rear tyre(s) on that side of the vehicle the following may apply: Directive 2003/97/EC, Annex III, paragraphs 5.3.1 and 5.3.2, in the second paragraph in each case, for “1m” substitute “ 2.125m ” and for “4m” substitute “ 10m ”.

4 Vehicles built before 26 January 2010: the mirrors may as an alternative be installed in accordance with Directive 71/127/EEC M41 as amended by Directive 88/321/EEC M42.
9Braking
The technical provisions of paragraph 2 of Annex I to Directive 71/320/EEC M43 as last amended by Directive 98/12/EC M44 and tests as defined in associated Annexes as may be applicable.

1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

2 The requirements in column 1 for the driver to be able to operate the service braking system while keeping both hands on the steering control, and the secondary braking system while keeping at least one hand on the steering control, do not apply to a vehicle, so long as the vehicle is adapted for a disabled driver to enable him to control the steering at all times while operating either braking system.
10Electro-magnetic Compatibility
The essential technical provisions of Directive 72/245/EEC M45 as last amended by Directive 2006/28/EC M46, section 6 of Annex I taking into consideration the exemptions in section 8 and tests specified in Annexes IV to X.In the case of a vehicle adapted as a wheelchair accessible vehicle or a disabled person's vehicle, wiring may be repositioned and/or additional wiring fitted without further test.
12Interior Fittings
The essential technical provisions of Directive 74/60/EEC M47 as last amended by Directive 2000/4/EC M48.

1 The following do not apply:

(a) Directive 74/60/EEC, Annex I, Paragraphs 5.1.2, 5.2.4, 5.3.4.1, 5.4.2.2, 5.7.1.2 and the second sentence of 5.2.3.1, and

(b) the requirements as they apply to hood or tonneau cover press studs fitted to a convertible vehicle so long as they are blunted.

2 The requirements in column 1 are limited to the area forward of rearmost seat designated for use while travelling and limited to head impact zone.
3 For the purpose of this requirement a wheelchair is considered to be a seating position.
4 In the case of a motor caravan, ambulance, or hearse with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
5 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
13Anti-Theft and Immobiliser
1 The technical provisions of Directive 74/61/EEC M49 as last amended by Directive 95/56/EC M50.Immobilisers must be approved as part of the base vehicle or as a separate technical unit.1 Directive 74/61/EEC, Annex IV, paragraphs 3.9, 4.1.3, 4.1.4, 4.2.4, 4.2.6, and 4.3.5 do not apply.

2 In the case of an armoured vehicle fitted with an optional panic alarm not forming part of an alarm system under paragraph 1 must comply with the following—

(a) the alarm signal must be audible and in addition may include optical alarm devices, or be a radio alarm, or any combination of the above;

(b) the technical requirements of Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8, 9.1.2 to 9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive;

(c) unsetting the panic alarm must immediately cut the alarm signal.

Alarms must be approved as part of the base vehicle or as a separate technical unit.

2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
An “Installation Check” means an inspection of installed components as the approval authority deem necessary and in the case of an immobiliser or alarm system a completed installation certificate.3 In the case of devices to prevent unauthorised use the manufacturer may as an alternative to an approval or test report issue a declaration of the device(s) fitted and that they comply with column 1, and in such case an Installation Check will be conducted.
4 In the case of an immobiliser or alarm system an Installation Check will be conducted.
14Protective Steering
The essential technical provisions of Directive 74/297/EEC M51 as last amended by Directive 91/662/EEC M52.1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

2 This item does not apply to:

(a) an armoured vehicle; or

(b) a vehicle which complies with the technical requirements of Directive 96/79/EC M53.

3 The requirements of this item do not apply to a disabled person's vehicle insofar as the adaptation prevents the vehicle from complying with any of the requirements of this item except that this does not apply where such adaptations can easily be removed, if necessary with the use of tools, and in which case evidence of compliance before the vehicle was adapted is required.
15Seat Strength
The essential technical provisions of Directive 74/408/EEC M54 as last amended by Directive 2005/39/EC M55.1 In the case of a motor caravan, ambulance, or hearse the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of a motor caravan, ambulance, or hearse the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.

3 In the case of a wheelchair accessible vehicle:

(a) a wheelchair location is to be considered a seating position but the requirements in column 1, paragraph 1, do not apply to the wheelchair, and

(b) for each wheelchair, sufficient space must be provided. The longitudinal plane of the special area must be parallel to the longitudinal plane of the vehicle.

4 The provisions of paragraph 2 of Article 1 to Directive 2005/39/EC do not apply.
5 The tests specified in Appendix 1 and Appendix 2 of Annex II to Directive 74/408/EEC do not apply to a seat if designed to provide a comparable level of safety.
16Exterior Projections
The essential technical provisions of Directive 74/483/EEC M56 as last amended by Directive 79/488/EEC M57.1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply to the cab.
2 Those parts of a motor caravan, ambulance, or hearse, other than the driver's cabin are exempt from any requirement of this item if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
3 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
4 Hood or tonneau cover press studs fitted to a convertible vehicle so long as they are blunted.
17Speedometer and Reverse Gear
The technical provisions of Directive 75/443/EEC M58 as last amended by Directive 97/39/EC M59.
18Plates (statutory)
1 The technical provisions of Directive 76/114/EEC M60 as last amended by Directive 78/507/EEC M61.
2 Where the vehicle is the subject of a multi stage build a plate is required on completion of each stage as appropriate.
19Seat Belt Anchorages

The technical provisions of Directive 76/115/EEC M62 as last amended by Directive 2005/41/EC M63,

and

in the case of a wheelchair accessible vehicle the requirements in Sections 1 or 2 of Chapter 2 to this Part.

1 In the case of a motor caravan, ambulance, or hearse, with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of a motor caravan, ambulance, or hearse, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, at least anchorages for lap belts are required for all rear seating positions.
4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
5 Where a seat belt anchorage has been approved in accordance with the requirements in column 1 and the structure of the vehicle is subsequently modified, no new tests are required provided the structure on which the anchorage is mounted is unlikely to be affected.
20Installation of Lighting and Light Signalling Devices

The technical provisions of UNECE Regulation 48.03,

and

dipped beam headlamps must be suitable for left hand rule of the road traffic.

1 Exemption from one or more of the technical requirements is permitted for a special purpose vehicle where the special purpose makes it impossible to fully comply provided that all mandatory devices are installed and geometric visibility is unaffected.
2 For vehicles with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply to the cab.
3 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose and provided that all mandatory lighting devices are installed and that the geometric visibility is not affected.
21Retro Reflectors
The technical provisions of UNECE Regulation 3 or UNECE Regulation 150.
22End-outline, Front-Position (side), Rear-Position (side), Stop, Side Marker, Daytime Running Lamps
The technical provisions of UNECE Regulation 7 or UNECE Regulation 148.
23Direction Indicators
The technical provisions of UNECE Regulation 6 or UNECE Regulation 148.
24Rear registration Plate Lamps
The technical provisions of UNECE Regulation 4 or UNECE Regulation 148.
25Headlamps (including bulbs)
The technical provisions of UNECE Regulation 8, UNECE Regulation 20, UNECE Regulation 31, UNECE Regulation 98, UNECE Regulation 112, UNECE Regulation 123 or UNECE Regulation 149.
25ACornering Lamps (where fitted)
The technical provisions of UNECE Regulation 119 or UNECE Regulation 149.
26Front Fog Lamps (where fitted)
The technical provisions of UNECE Regulation 19 or UNECE Regulation 149.
28Rear Fog Lamps
The technical provisions of UNECE Regulation 38 or UNECE Regulation 148.
29Reversing Lamps
The technical provisions of UNECE Regulation 23 or UNECE Regulation 148.
30Parking Lamps (where fitted)
The technical provisions of UNECE Regulation 7 or UNECE Regulation 148.
31Seat Belts
The technical provisions of Directive 77/541/EEC M64 as last amended by Directive 2005/40/EC M65.1 In the case of a motor caravan, ambulance, or hearse, with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of a motor caravan, ambulance, hearse, or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, at least lap belts are required for all rear seating positions.
4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.

5 Seat belts which have been specially designed or adapted for use by an adult or young person suffering from some physical or mental impairment and intended for use solely by such person are exempt.

(Note: Seat belt anchorages for such belts must satisfy the requirements of item 19.)

6 In the case of a wheelchair accessible vehicle when, due to the conversion, anchorage points for the safety belts need to be moved outside the tolerance provided for in point 2.7.8.1 of Annex I to Directive 77/541/EEC, the technical service must check whether the alteration constitutes a worst case or not. If that is the case, the test provided for in Annex VII to Directive 77/541/EEC will be performed. Extension to the approval does not need to be issued. This does not apply to a seat that is a wheelchair.
7 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
32Forward Vision

Directive 77/649/EEC M66 as last amended by Directive 90/630/EEC M67,

or

the driver must have a clear and unobscured view of the road ahead and to the side (180° forward).

33Identification of Controls, Tell-tales and Indicators
The technical provisions of Directive 78/316/EEC M68 as last amended by Directive 94/53/EC M69.
34Defrost/Demist

Directive 78/317/EEC M70,

or

vehicles must be fitted with adequate defrosting and demisting devices.

“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
35Wash/Wipe

Directive 78/318/EEC M71 as last amended by Directive 94/68/EC M72,

or

vehicles must be fitted with adequate washing and wiping devices.

“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
36Heating Systems (where fitted)
The essential technical provisions of Directive 2001/56/EC M73 as last amended by Directive 2006/119/EC M74, paragraph 3 of Annex II, and Annexes III, VII and VIII.
37Wheel guards
The technical provisions of Directive 78/549/EEC M75 as last amended by Directive 94/78/EC M76.1 Paragraph 3 of Annex I to Directive 78/549/EEC does not apply.
2 For vehicles with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
38Head restraints
The technical provisions of Directive 78/932/EEC M77.1 In the case of a motor caravan, ambulance, or hearse with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

2 In the case of a motor caravan, ambulance, or hearse—

(a) the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary, and

(b) any seats which are not for use when travelling on a road must be clearly identified to users by means of a pictogram or a sign with appropriate text.

3 Does not apply to head restraints which comply with the requirements of item 15.
4 Does not apply to a seat which is a wheelchair.
41Heavy Duty Emissions
1 Directive 2005/55/EC M78 as last amended by Directive 2006/51/EC M79, Annex I, and Row B2 limit values.1 Does not apply to vehicles approved under item 2.
2 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.2 Modification of exhaust system length after the last silencer is permissible without any further test.
3 In the case of completed vehicles the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
44Masses and Dimensions (cars)
The essential technical provisions of Directive 92/21/EEC M80 as amended by Directive 95/48/EC M81.

1 In the case of motor caravans, for paragraph 3.1.1.2 of Annex II to Directive 92/21, for “2500mm” substitute “ 2600mm ”.

2 Paragraphs 3.1.1.3 and 3.3.3 of Annex II to Directive 92/21/EEC do not apply.
3 In the case of wheelchair accessible vehicles, for the purpose of calculations, the mass of the wheelchair including the user is assumed to be 100kg. The mass shall be concentrated at the H point of the three dimensional machine.
45Safety glass
The technical provisions of Directive 92/22/EEC M82 as last amended by Directive 2001/92/EC M83.1 Does not apply to armoured vehicles.
2 Exclusions defined in paragraph 1 of Annex II to Directive 92/22/EEC as amended.
3 In the case of a wheelchair accessible vehicle, motor caravan, ambulance, or hearse, all window glazing, other than driver's cab glazing, the material may be safety glass or rigid plastic glazing.
4 For vehicles with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
5 Directive 92/22/EEC, Annex III, paragraph 2.1.1 and 2.1.2 do not apply provided that driver's forward vision is not distorted and that light transmission of at least 70% is maintained.
46Tyres

Directive 92/23/EEC M84 as last amended by Directive 2005/11/EC M85,

and

UNECE Regulation 64.01 for temporary spare use spare tyre (if fitted).

1 For vehicles with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
50Couplings (where fitted)
The technical provisions of Annex VII to Directive 94/20/EC M86.In the case of a wheelchair accessible vehicle, irrespective of mass, or a motor caravan, ambulance or hearse with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
60 Frontal Protection Systems (“Bull-bars”) (where fitted)
The technical provisions of paragraphs 2 and 3 of Annex I to Directive 2005/66/EC M87 and Commission Decision 2006/368/EC M88.
69Electrical Safety

Vehicle:

The technical provisions of UNECE Regulation 100.01.

Marginal Citations

M24OJ No. L 42, 23.2.1970, p. 16.

M25OJ No. L 334, 28.12.1999, p. 41.

M26OJ No. L 199, 28.7.2008, p. 1.

M27OJ No. L 175, 7.7.2017, p. 1.

M28OJ No. L 76, 6.4.1970, p. 23 (English special edition: Series I Volume 1970(I) P. 192).

M29OJ No. L 48, 18.2.2006, p. 16.

M30OJ No. L 35, 4.2.2009, p. 32.

M31OJ No. L 76, 6.4.1970, p. 25 (English special edition: Series I Volume 1970(I) P. 194).

M32S.I. 2001/561, as amended by S.I. 2001/1079, 2002/2687, 2009/811 and 2018/1295.

M33OJ No. L 133, 18.6.1970, p. 10 (English special edition: Series I Volume 1970(II) P. 375).

M34OJ No. L 40, 13.2.1999, p. 36.

M35OJ No. L 176, 10.8.1970, p. 5 (English special edition: Series I Volume 1970(II) P. 564).

M36OJ No. L 130, 12.5.2001, p. 33.

M37OJ No. L 42, 13.2.2002, p. 1.

M38OJ No. L 176, 10.8.1970, p. 12 (English special edition: Series I Volume 1970(II) P. 571).

M39OJ No. L 192, 11.7.1987, p. 43.

M40OJ No. L 25, 29.1.2004, p. 1.

M41OJ No. L 68, 22.3.1971, p. 1 (English special edition: Series I Volume 1971(I) P. 136).

M42OJ No. L 147, 14.6.1988, p. 77.

M43OJ No. L 202, 6.9.1971, p. 37 (English special edition: Series I Volume 1971(III) P. 746).

M44OJ No. L 81, 18.3.1998, p. 1.

M45OJ No. L 152, 6.7.1972, p. 15 (English special edition: Series I Volume 1972(II) P. 637).

M46OJ No. L 65, 7.3.2006, p. 27.

M47OJ No. L 38, 11.2.1974, p. 2.

M48OJ No. L 87, 8.4.2000, p. 22.

M49OJ No. L 38, 11.2.1974, p. 22.

M50OJ No. L 286, 29.11.1995, p. 1.

M51OJ No. L 165, 20.6.1974, p. 16.

M52OJ No. L 366, 31.12.1991, p. 1.

M53OJ No. L 18, 21.1.1997, p. 7.

M54OJ No. L 221, 12.8.1974, p. 1.

M55OJ No. L 255, 30.9.2005, p. 143.

M56OJ No. L 266, 2.10.1974, p. 4.

M57OJ No. L 128, 26.5.1979, p. 1.

M58OJ No. L 196, 26.7.1975, p. 1.

M59OJ No. L 177, 5.7.1997, p. 15.

M60OJ No. L 24, 30.1.1976, p. 1.

M61OJ No. L 155, 13.6.1978, p. 31.

M62OJ No. L 24, 30.1.1976, p. 6.

M63OJ No. L 255, 30.9.2005, p. 149.

M64OJ No. L 220, 29.8.1977, p. 95.

M65OJ No. L 255, 30.9.2005, p. 146.

M66OJ No. L 267, 19.10.1977, p. 1.

M67OJ No. L 341, 6.12.1990, p. 20.

M68OJ No. L 81, 28.3.1978, p. 3.

M69OJ No. L 299, 22.11.1994, p. 26.

M70OJ No. L 81, 28.3.1978, p. 27.

M71OJ No. L 81, 28.3.1978, p. 49.

M72OJ No. L 354, 31.12.1994, p. 1.

M73OJ No. L 292, 9.11.2001, p. 21.

M74OJ No. L 330, 28.11.2006, p. 12.

M75OJ No. L 168, 26.6.1978, p. 45.

M76OJ No. L 354, 31.12.1994, p. 10.

M77OJ No. L 325, 20.11.1978, p. 1.

M78OJ No. L 275, 20.10.2005, p. 1.

M79OJ No. L 152, 7.6.2006, p. 11.

M80OJ No. L 129, 14.5.1992, p. 1.

M81OJ No. L 233, 30.9.1995, p. 73.

M82OJ No. L 129, 14.5.1992, p. 11.

M83OJ No. L 291, 8.11.2001, p. 24.

M84OJ No. L 129, 14.5.1992, p. 95.

M85OJ No. L 46, 17.2.2005, p. 42.

M86OJ No. L 195, 29.7.1994, p. 1.

M87OJ No. L 309, 25.11.2005, p. 37.

M88OJ No. L 140, 29.5.2006, p. 33.

CHAPTER 2U.K.

Commencement Information

I38Sch. 1 Pt. 2 Ch. 2 in force at 1.9.2020, see reg. 1(b)

SECTION 1U.K.
Wheelchair spacesU.K.

1.  A wheelchair space must be fitted with—

(a)a wheelchair and wheelchair user restraint system complying with item 19A of the Type Approval Regulation, Annex II, Part III, Appendix 3, or

(b)a restraint system comprising—

(i)a four point wheelchair tie-down system suitable for general wheelchair application, and

(ii)a wheelchair user restraint system comprising a minimum of three anchorage points to provide a pelvic and upper torso restraint system.

Wheelchair tie-down devicesU.K.

2.  A wheelchair tie-down device must comply with ISO 10542 and be marked accordingly.

Location and geometry of anchoragesU.K.

3.  The geometry of the wheelchair tie-down and occupant restraint system anchorages and webbing must comply with ISO 10542. A surrogate wheelchair as defined in ISO 10542 or equivalent must be used for this purpose.

Testing of restraint system anchoragesU.K.

4.—(1) A static test must be conducted on the anchorage points for both the wheelchair tie-downs and occupant restraints in accordance with the following requirements—

(a)The tests must be conducted on a vehicle or a representative section of a vehicle structure including any vehicle fittings that are likely to contribute to the strength or rigidity of the structure;

(b)The forces specified in paragraph 5 below must be applied by means of a surrogate wheelchair of adequate strength as defined in ISO 10542, or equivalent, with attachment points for the front and rear tie-downs and reproducing the geometry of the wheelchair tie-down system;

(c)The forces specified in paragraph 6 below must be applied by means of a traction device specified in paragraph 5.3.4 of Annex I to Directive 76/115/EEC as last amended by Directive 96/38/EC M89 and supported on the surrogate wheelchair defined in (b) above;

(d)The forces in sub-paragraphs (b) and (c) above must be applied simultaneously in the forward direction at an angle of 10° ± 5° above the horizontal plane. The force in (b) must be applied at a height of not less than 200 mm and not more than 300 mm measured vertically above the floor of the wheelchair space;

(e)The force in paragraph 5(b) must be applied in the rearward direction at an angle of 10° ± 5° above the horizontal plane at a height of not less than 200 mm and not more than 300 mm measured vertically above the floor of the wheelchair space;

(f)All forces must be applied as rapidly as possible through the central vertical axis of the wheelchair and wheelchair space;

(g)All forces must be maintained for a period of not less than 0.2 seconds.

(2) For test purposes the components comprising the wheelchair tie-down and occupant restraint devices may be replaced with components suitable for test purposes having a similar function.

Marginal Citations

M89OJ No. L 187, 26.7.1996, p. 95.

Forces applied to a wheelchair tie-down systemU.K.

5.  The force applied to the surrogate wheelchair:

(a)in the forward direction to be 24.50 kN;

(b)in the rearward direction to be 12.25 kN.

Forces applied to an occupant restraint systemU.K.

6.  The forces must be those specified in paragraph 5.4 of Annex I to Directive 76/115/EEC as last amended by Directive 96/38/EC.

Anchorage system performanceU.K.

7.  The anchorages will meet the test performance requirements if—

(a)no part of the system has failed, or become detached during the test;

(b)no part of the anchorage system has deformed to such an extent that sharp edges or protrusion may cause injury.

SECTION 2U.K.

Instead of complying with Section 1 an alternative wheelchair tie-down system, docking system or occupant restraint system may be fitted. This may include a rearward facing wheelchair arrangement with appropriate safety features. Evidence must be provided to the approval authority that the system offers an equivalent level of occupant protection for the wheelchair user.

PART 3U.K.Requirements for vehicles of category N1

Commencement Information

I39Sch. 1 Pt. 3 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1Noise
The technical provisions of Annex I to Directive 70/157/EEC as last amended by Directive 1999/101/EC.A “Stationary Noise Test” means, in the case of a modified exhaust system, a stationary test as defined in paragraphs 5.2.3.4.2 and 5.2.3.4.3 of Annex I to Directive 70/157/EEC with a noise limit value measured on the dB(A) scale which must not exceed the equivalent stationary value recorded on the approval, certificate of conformity or test report for that vehicle by more than 2dB(A) at 0.5m.1 Directive 70/157/EEC, Annex I, paragraphs 5.3.1.1, 5.3.1.2 and 5.3.1.3 do not apply.
2 If an approval or test report is issued for a vehicle in accordance with column 1 and the exhaust system is subsequently modified after the last silencer by not more than 2m in length, no further test is required. In the case of any other modification relating to the requirements of column 1 and affecting the only the exhaust system, a Stationary Noise Test must be conducted.
3 In the case of armoured vehicles exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
2Light Duty Emissions
1 The technical provisions of Regulation (EC) 715/2007 as last amended by Regulation (EC) 692/2008, Annex I, Table 2.“OBD” means On-Board Diagnostic Systems.1 The requirements of OBD do not apply.
2 Complete or completed vehicles manufactured after 1st December 2019: the technical provisions of Annex XXI in Commission Regulation (EU) 2017/1151 (WLTP).2 Does not apply to vehicles approved to item 41.
3 Modification of exhaust system length after the last silencer is permissible without any further test.
4 In the case of a completed vehicle, an approval issued to the most representative base vehicle remains valid irrespective of change in reference weight or aerodynamic performance.
5 In the case of armoured vehicles exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3AFuel Tanks
1 The technical provisions of Directive 70/221/EEC as last amended by Directive 2006/20/EC.

2 For vehicles using gaseous fuels:

UNECE Regulation 67.01 for LPG,

UNECE Regulation 110 for CNG,

UNECE Regulation 115 for LPG or CNG retro-fit, or

the technical provisions of Regulation (EC) No 79/2009 or UNECE Regulation 134 for hydrogen.

3BRear Protective Devices
The technical provisions of paragraph 5 of Annex II to Directive 70/221/EEC as last amended by Directive 2006/20/EC.
4Rear Registration Plate Space

The technical provisions of Directive 70/222/EEC,

or

space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001.

5Steering Effort
The technical provisions of paragraphs 4 and 5 of Annex I to Directive 70/311/EEC as last amended by Directive 1999/7/EC.The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
6Door latches and Hinges
The technical provisions of paragraph 3 of Annex I to Directive 70/387/EEC as last amended by Directive 2001/31/EC.
7Audible Warning

Component:

Directive 70/388/EEC as last amended by Directive 87/354/EC.

In the case of an armoured vehicle exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

Vehicle:

The technical provisions of paragraph 2 of Annex I to Directive 70/388/EEC as last amended by Directive 87/354/EC.

8Indirect Vision

Component:

Directive 2003/97/EC

1 Field of view requirements do not apply to optional mirrors.
2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

Vehicle:

The technical provisions of Directive 2003/97/EC, Annex III.

9Braking
The technical provisions of paragraph 2 of Annex I to Directive 71/320/EEC as last amended by Directive 98/12/EC and tests as defined in associated Annexes as may be applicable.The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
10Electro-magnetic Compatibility

Component:

Directive 72/245/EEC as last amended by Directive 2006/28/EC.

Vehicle:

The technical provisions of Directive 72/245/EEC as last amended by Directive 2006/28/EC, section 6 of Annex I taking into consideration the exemptions in section 8 and tests specified in Annexes IV to X.

13Anti-Theft and, if fitted, Alarm system and Immobiliser
1 The technical provisions of: Directive 74/61/EEC as last amended by Directive 95/56/EC.Immobilisers, if fitted, must be approved as part of the base vehicle or as a separate technical unit.

2 Optional panic alarm not forming part of an alarm system under paragraph 1 must comply with the following—

(a) the alarm signal must be audible and in addition may include optical alarm devices, or be a radio alarm, or any combination of the above;

(b) the technical requirements of Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8, 9.1.2 to 9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive;

(c) unsetting the panic alarm must immediately cut the alarm signal.

Alarms, except those mentioned in column 1 paragraph 2, must be approved as part of the base vehicle or as a separate technical unit.
14Protective Steering
The technical provisions of: Directive 74/297/EEC as last amended by Directive 91/662/EEC, Annex I, paragraph 5.

This item does not apply to—

(a) vehicles with a maximum permissible mass exceeding 1500kg;

(b) armoured vehicles.

15Seat Strength
The technical provisions of: Directive 74/408/EEC as last amended by Directive 2005/39/EC.1 In the case of a special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
2 The provisions of paragraph 2 of Article 1 to Directive 2005/39/EC do not apply.
17Speedometer and Reverse Gear

The technical provisions of Directive 75/443/EEC as last amended by Directive 97/39/EC, Annex I and Annex II, paragraphs 4.1 and 4.2,

Or—

(a) for all true speeds up to the design speed of the vehicle, the true speed must not exceed the indicated speed;

(b) for all true speeds of between 25 mph and 70 mph (or the maximum speed if lower), the difference between the indicated speed and the true speed must not exceed (V/10 + 6.25) mph where V = the true speed.

18Plates (statutory)

The technical provisions of: Directive 76/114/EEC as last amended by Directive 78/507/EEC,

and

where the vehicle is the subject of a multi stage build a plate is required on completion of each stage as appropriate.

19Seat Belt Anchorages
The technical provisions of: Directive 76/115/EEC as last amended by Directive 2005/41/EC.

1 In the case of a special purpose vehicle—

(a) the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary, and

(b) any seats which are not for use when travelling on a road must be clearly identified to users by means of a pictogram or a sign with appropriate text.

2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
20Installation of Lighting and Light Signalling Devices

The technical provisions of UNECE Regulation 48.03,

and

dipped beam headlamps must be designed for left hand rule of the road traffic.

In the case of an armoured vehicle or special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply provided that all mandatory lighting devices are fitted and that the geometric visibility is not affected.
21Retro Reflectors
UNECE Regulation 3 or UNECE Regulation 150.
22End-outline, Front-Position (side), Rear-Position (side), Stop, Side Marker, Daytime Running Lamps
UNECE Regulation 7 or UNECE Regulation 148.
23Direction Indicators
UNECE Regulation 6 or UNECE Regulation 148.
24Rear registration Plate Lamps
UNECE Regulation 4 or UNECE Regulation 148.
25Headlamps (including bulbs)
UNECE Regulation 8, UNECE Regulation 20, UNECE Regulation 31, UNECE Regulation 98, UNECE Regulation 112, UNECE Regulation 123 or UNECE Regulation 149.
25ACornering Lamps (where fitted)
UNECE Regulation 119 or UNECE Regulation 149.
26Front Fog Lamps (where fitted)
UNECE Regulation 19 or UNECE Regulation 149.
27Towing Hooks
The technical provisions of: Annex II to Directive 77/389/EEC M90 as last amended by Directive 96/64/EC M91.In the case of an armoured vehicle or special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
28Rear fog Lamps
UNECE Regulation 38 or UNECE Regulation 148.
29Reversing Lamps
UNECE Regulation 23 or UNECE Regulation 148.
30Parking Lamps (where fitted)
UNECE Regulation 7 or UNECE Regulation 148.
31Seat Belts
The technical provisions of Directive 77/541/EEC as last amended by Directive 2005/40/EC.

1 In the case of a special purpose vehicle—

(a) the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary, and

(b) any seats which are not for use when travelling on a road must be clearly identified to users by means of a pictogram or a sign with appropriate text.

2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

3 Seat belts which have been specially designed or adapted for use by an adult or young person suffering from some physical or mental impairment and intended for use solely by such person are exempt.

(Note: Seat belt anchorages for such belts must satisfy the requirements of item 19.)

4 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
33Identification of Controls, Tell-tales and Indicators
The technical provisions of paragraph 5 of Annex I to Directive 78/316/EEC as last amended by Directive 93/91/EC M92.
34Defrost/Demist
Vehicles must be fitted with adequate defrosting and demisting devices.“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.
35Wash/Wipe
Vehicles must be fitted with adequate washing and wiping devices.“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.
36Heating Systems (if fitted)
The technical provisions of: Directive 2001/56/EC as last amended by 2006/119/EC, paragraph 3 of Annex II, and Annexes III, VII and VIII.
41Heavy Duty Emissions
1 Directive 2005/55/EC as last amended by Directive 2006/51/EC, Annex I, and Row B2 limit values.1 Does not apply to vehicles approved under item 2.
2 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.2 Modification of exhaust system length after the last silencer is permissible without any further test.
45Safety glass

Component:

Directive 92/22/EEC as last amended by Directive 2001/92/EC.

1 Exclusions defined in paragraph 1 of Annex II to Directive 92/22/EEC as amended.
2 Directive 92/22/EEC, Annex III, paragraphs 2.1.1 and 2.1.2 do not apply provided that driver's forward vision is not distorted and that light transmission of at least 70% is maintained.

Vehicle:

The technical provisions of: Directive 92/22/EEC as last amended by Directive 2001/92/EC.

3 In the case of a special purpose vehicle, the requirements for all window glazing, other than the driver's cab glazing (windshield and side glazing), the material may be either safety glass or rigid plastic glazing.
4 This item does not apply to armoured vehicles.
46Tyres

Directive 92/23/EEC as last amended by Directive 2005/11/EC,

and

UNECE Regulation 64.01 in the case of a temporary use spare tyre (if fitted).

In the case of an armoured vehicle exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
48Masses and Dimensions
The technical provisions of: Directive 97/27/EC M93 as last amended by Directive 2003/19/EC M94, paragraph 7 of Annex I.Directive 97/27/EC, Annex I, paragraphs 7.3.3, 7.5, 7.9, 7.10 and 7.11 do not apply.
49External Projection of Cabs
The technical provisions of sections 3 and 4 of Annex I to Directive 92/114/EEC M95.In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
50Couplings where fitted

Component:

Directive 94/20/EC.

Vehicle:

The technical provisions of Annex VII to Directive 94/20/EC.

60 Frontal Protection Systems (“Bull-bars”) (where fitted)
The technical provisions of paragraphs 2 and 3 of Annex I to Directive 2005/66/EC and Commission Decision 2006/368/EC.
69Electrical Safety
Vehicle: The technical provisions of UNECE Regulation 100.01.

Marginal Citations

M90OJ No. L 145, 13.6.1977, p. 41.

M91OJ No. L 258, 11.10.1996, p. 26.

M92OJ No. L 284, 19.11.1993, p. 25.

M93OJ No. L 233, 25.8.1997, p. 1.

M94OJ No. L 79, 26.3.2003, p. 6.

M95OJ No. L 409, 31.12.1992, p. 17.

PART 4U.K.Requirements for vehicles of categories M2, M3, N2, N3 and O

Commencement Information

I40Sch. 1 Pt. 4 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1 Noise
The technical provisions of Annex I to Directive 70/157/EEC as last amended by Directive 1999/101/EC.A “Stationary Noise Test” means, in the case of a modified exhaust system, a stationary test as defined in paragraphs 5.2.3.4.2 and 5.2.3.4.3 of Annex I to Directive 70/157/EEC with a noise limit value measured on the dB(A) scale which must not exceed the equivalent stationary value recorded on the approval, certificate of conformity or test report for that vehicle by more than 2dB(A) at 0.5m.1 Does not apply to category O vehicles.
2 Directive 70/157/EEC, Annex I, paragraphs 5.3.1.1, 5.3.1.2. and 5.3.1.3 do not apply.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 If an approval or test report is issued for a vehicle in accordance with column 1 and the exhaust system is subsequently modified after the last silencer by not more than 2m in length, no further test is required. In the case of any other modification relating to the requirements of column 1 and affecting only the exhaust system, a Stationary Noise Test must be conducted.

5 In the case of a mobile crane Directive 70/157/EEC as amended by Directive 1999/101/EC applies and for point 5.2.2.1 of Annex I the following limit values are applicable—

81 dB(A) for vehicles with an engine power of less than 75 kW;

83 dB(A) for vehicles with an engine power of not less than 75 kW but less than 150 kW;

84 dB(A) for vehicles with an engine power of not less than 150 kW.

2 Light Duty Emissions
1 The technical provisions of Regulation (EC) 715/2007 as last amended by Regulation (EC) 692/2008, Annex I, Table 2.“OBD” means On-Board Diagnostic systems.1 Does not apply to category M3, N3 or O vehicles.
2 Complete or completed vehicles manufactured after 1st March 2020: the technical provisions of Annex XXI in Commission Regulation (EU) 2017/1151 (WLTP).2 Vehicles of category M2 are exempt from the requirements of OBD.
3 Does not apply to vehicles approved to item 41.
4 Modification of exhaust system length after the last silencer is permissible without any further test.
5 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
6 An approval issued to the most representative base vehicle remains valid irrespective of change in reference weight or aerodynamic performance.
7 In the case of armoured vehicles exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3A Fuel Tanks
1 The technical provisions of Directive 70/221/EEC as last amended by Directive 2006/20/EC.

2 For vehicles using gaseous fuels:

UNECE Regulation 67.01 for LPG,

UNECE Regulation 110 for CNG,

UNECE Regulation 115 for LPG or CNG retro-fit, or

the technical provisions of Regulation (EC) No 79/2009 or UNECE Regulation 134 for hydrogen.

3B Rear Protective Devices
The technical provisions of paragraph 5 of Annex II to Directive 70/221/EEC as last amended by Directive 2006/20/EC.The requirement in column 1 does not apply to category O1 or O2 vehicles.
4 Rear Registration Plate Space

The technical provisions of Directive 70/222/EEC,

or

space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001.

5 Steering Effort
The technical provisions of paragraphs 4 and 5 of Annex I to Directive 70/311/EEC as last amended by Directive 1999/7/EC.1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 A mobile crane may be fitted with a crab steering system.
6 Door latches and Hinges
The technical provisions of Directive 70/387/EEC as last amended by Directive 2001/31/EC, Annex I, Paragraph 3, and where the maximum mass exceeds 7.5 tonnes, Annex III.1 Does not apply to category M2, M3 or O vehicles.
2 In the case of a mobile crane exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
7 Audible Warning

Component:

Directive 70/388/EEC as last amended by Directive 87/354/EC.

1 Does not apply to category O vehicles.

2 In the case of an armoured vehicle—

(a) exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply, and

(b) additional panic alarm devices are permitted.

Vehicle:

The technical provisions of paragraph 2 of Annex I to Directive 70/388/EEC as last amended by Directive 87/354/EC.

8 Indirect Vision

Component:

Directive 2003/97/EC.

1 Does not apply to category O vehicles.

Vehicle:

1 The technical provisions of

Directive 2003/97/EC Annex III.

2 Field of view requirements do not apply to optional mirrors.
3 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass apply.
2 N2 and N3 vehicles manufactured after 1st April 2016: the technical provisions of paragraph 15 of UNECE Regulation 46.04.4 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
5 The vehicle requirements in column 1 paragraph 2 do not apply to vehicles where any part of the Class V mirror is less than 2.4m above the ground.
6 The requirements in column 1 paragraph 2 do not apply to vehicles where the incomplete vehicle is of a type that is type approved to Directive 2003/97/EC.
9 Braking
The technical provisions of paragraph 2 of Annex I to Directive 71/320/EEC as last amended by Directive 98/12/EC and tests as defined in associated Annexes as may be applicable.1 Does not apply to category O1 vehicles except where a braking system is fitted.
2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

3 In the case of a mobile crane with more than 4 axles derogations are permitted provided that—

(a) they are justified by the particular construction, and

(b) all the braking performances relating to parking, service and secondary braking are fulfilled.

10 Electro-magnetic Compatibility

Component:

Directive 72/245/EEC as last amended by Directive 2006/28/EC.

“Installation Check” means a manufacturer's declaration that installed components are compliant with the requirements of column 1 and inspection of a sample of installed components as the approving authority deem necessary.

Vehicle:

The technical provisions of: Directive 72/245/EEC as last amended by Directive 2006/28/EC, section 6 of Annex I taking into consideration the exemptions in section 8 and tests specified in Annexes IV to X,

or

an Installation Check.

13 Anti-Theft and Immobiliser
1 The technical provisions of: Directive 74/61/EEC as last amended by Directive 95/56/EC.Immobilisers must be approved as part of the base vehicle or as a separate technical unit.1 Does not apply to category O vehicles.

2 Optional panic alarm not forming part of an alarm system under paragraph 1 must comply with the following—

(a) the alarm signal must be audible and in addition may include optical alarm devices, or be a radio alarm, or any combination of the above;

(b) the technical requirements of Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8, 9.1.2 to 9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive;

(c) unsetting the panic alarm must immediately cut the alarm signal.

Alarms, except those under column 1 paragraph 2, must be approved as part of the base vehicle or as a separate technical unit.2 The provisions of column 1 apply only to the extent that a device to prevent unauthorised use, immobiliser, alarm system or panic alarm is fitted.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
15 Seat Strength
1 The technical provisions of Directive 74/408/EEC as last amended by Directive 2005/39/EC.1 Does not apply to category O vehicles.
2 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 The provisions of paragraph 2 of Article 1 to Directive 2005/39/EC do not apply.
5 The provisions of paragraph 4.5 of Annex III to Directive 74/408/EEC as amended by Directive 2005/39/EC shall also apply to category M2 vehicles.
17 Speedometer and Reverse Gear
The technical provisions of Directive 75/443/EEC as last amended by Directive 97/39/EC, Annex I and Annex II, paragraphs 4.1 and 4.2.1 Does not apply to category O vehicles.
2 This requirement does not apply to a vehicle fitted with a tachograph if the tachograph provides adequate visual indication of speed to the driver.
18 Plates (statutory)

The technical provisions of: Directive 76/114/EEC as last amended by Directive 78/507/EEC,

and

where the vehicle is the subject of a multi stage build a plate is required on completion of each stage as appropriate.

19 Seat Belt Anchorages
The technical provisions of Directive 76/115/EEC as last amended by Directive 2005/41/EC.1 Does not apply to category O vehicles.
2 Does not apply to category M2 (Class A, I or II) or M3 (Class A, I or II) vehicles except where seat belt anchorages are fitted.
3 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
4 In the case of a motor caravan, ambulance, or hearse, at least anchorages for lap belts are required for all rear seating positions.
5 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
6 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
20 Installation of Lighting and Light Signalling Devices

The technical provisions of UNECE Regulation 48.03,

and

dipped beam headlamps must be suitable for left hand rule of the road traffic.

1 In the case of a motor caravan, ambulance, hearse, armoured vehicle, mobile crane, or other special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply provided that all mandatory lighting devices are fitted and, except in the case of a mobile crane, that the geometric visibility is not affected.
2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply to the cab.

3 Optional lamps meeting the technical requirements applicable to equivalent mandatory devices (except where specified otherwise) may be fitted, in addition to the mandatory and optional devices permitted by UNECE Regulation 48.03, as follows—

(a) two additional dipped beam headlamps forming a matched pair with electrical connections that permit only one pair to operate at any one time and fitted to—

(i) a vehicle intended for use in both left hand and right hand rule of the road traffic and in which case one pair must meet the requirements for right hand rule of the road traffic, or

(ii) a special purpose vehicle designed for use with equipment that may obstruct the mandatory devices and fitted at a height not exceeding 1800mm,

(b) any number of—

(i) front position lamps,

(ii) rear position lamps,

(iii) stop lamps of category S1 or S2,

(iv) end outline marker lamps,

(v) rear retro-reflectors, or

(vi) front retro-reflectors,

for which the requirements for position and geometric visibility do not apply, and

(c) two rear direction indicator lamps.

4 The mandatory requirements of UNECE Regulation 48.03, paragraph 6.18.1 do not apply to trailers constructed for the carriage and launching of boats.
5 Amber side marker lamps may be wired to flash, provided that this flashing is in phase and at the same frequency with the direction indicator lamps at the same side of the vehicle.
6 The requirements of paragraphs 6.5.4.2 and 6.5.5 of UNECE Regulation 48.03 do not apply to any optional rear direction indicator lamps.
21 Retro Reflectors, Rear Marker Plates and Conspicuity Markings

For retro reflectors:

UNECE Regulation 3 or UNECE Regulation 150.

The fitting of conspicuity markings is optional for category M2, M3, O1 or O2 vehicles.

For conspicuity markings:

UNECE Regulation 104.

22 End-outline, Front-Position (side), Rear-Position (side), Stop, Side Marker, Daytime Running Lamps
UNECE Regulation 7 or UNECE Regulation 148.
23 Direction Indicators
UNECE Regulation 6 or UNECE Regulation 148.
24 Rear Registration Plate Lamps
UNECE Regulation 4 or UNECE Regulation 148.
25 Headlamps (including bulbs)
UNECE Regulation 8, UNECE Regulation 20, UNECE Regulation 31, UNECE Regulation 98, UNECE Regulation 112, UNECE Regulation 123 or UNECE Regulation 149.Does not apply to category O vehicles.
25A Cornering Lamps (where fitted)
UNECE Regulation 119 or UNECE Regulation 149.Does not apply to category O vehicles.
26 Front Fog Lamps (where fitted)
UNECE Regulation 19 or UNECE Regulation 149.Does not apply to category O vehicles.
27 Towing Hooks
The technical provisions of: Annex II to Directive 77/389/EEC as last amended by Directive 96/64/EC.1 Does not apply to category O vehicles.
2 In the case of an armoured vehicle, mobile crane, or other special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3 In the case of a motor caravan, ambulance, or hearse, the requirements apply only to the front of the vehicle.
28 Rear fog Lamps
UNECE Regulation 38 or UNECE Regulation 148.
29 Reversing Lamps
UNECE Regulation 23 or UNECE Regulation 148.Does not apply to category O1 vehicles except where fitted.
30 Parking Lamps (where fitted)
UNECE Regulation 7 or UNECE Regulation 148.Does not apply to category O vehicles.
31 Seat Belts
The technical provisions of Directive 77/541/EEC as last amended by Directive 2005/40/EC.1 Does not apply to category O vehicles.
2 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, at least lap belts are required for all rear seating positions.
4 In the case of a motor caravan, ambulance or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
5 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

6 Seat belts which have been specially designed or adapted for use by an adult or young person suffering from some physical or mental impairment and intended for use solely by such person are exempt.

(Note: Seat belt anchorages for such belts must satisfy the requirements of item 19.)

7 Vehicles constructed or adapted for the secure transport of persons are required to be fitted with seat belts for the driver's and any front passenger's seat. Any other optional seat belts fitted must also comply.
8 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
33 Identification of Controls, Tell-tales and Indicators
The technical provisions of paragraph 5 of Annex I to Directive 78/316/EEC as last amended by Directive 94/53/EC.Does not apply to category O vehicles.
34 Defrost/Demist
Vehicles must be fitted with an adequate defrosting and demisting device.“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.Does not apply to category O vehicles.
35 Wash/Wipe
Vehicles must be fitted with adequate washing and wiping devices.“Adequate” means sufficiently effective to ensure adequate visibility through the windscreen under all conditions.Does not apply to category O vehicles.
36 Heating Systems (where fitted)
The technical provisions of Directive 2001/56/EC as last amended by Directive 2006/119/EC, paragraph 3 of Annex II, and Annexes III, VII and VIII.
41 Heavy Duty Emissions
1 Directive 2005/55/EC as last amended by Directive 2006/51/EC, Annex I, and Row B2 limit values.1 Does not apply to category O vehicles.
2 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.2 Does not apply to vehicles approved under item 2.
3 Modification of exhaust system length after the last silencer is permissible without any further test.
4 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

5 Does not apply to—

(a) mobile cranes which have an engine meeting the technical requirements of Regulation (EU) No 2016/1628 M96, or

(b) vehicles designed to tow combinations exceeding 200 tonnes which have an engine meeting the technical requirements of Regulation (EU) No 2016/1628.

42 Lateral Protection (Side Guards)
The technical provisions of paragraphs 1 to 4 of Directive 89/297/EEC M97.Does not apply to category M2, M3, O1 or O2 vehicles.
43 Spray Suppression Systems

Component:

Directive 91/226/EEC M98.

1 Does not apply to category M2, M3, O1 or O2 vehicles or to category N2 vehicles with a maximum mass not exceeding 7.5 tonnes.

Vehicle:

The technical provisions of Directive 91/226/EEC.

2 Except where fitted, the requirements do not apply to “off-road” vehicles as defined in the Type Approval Regulation or to vehicles in which the presence of spray-suppression devices is incompatible with their use.
45 Safety glass

Component:

Directive 92/22/EEC as last amended by Directive 2001/92/EC.

1 Exclusions defined in paragraph 1 of Annex II to Directive 92/22/EEC as amended.
2 Directive 92/22/EEC, Annex III, paragraph 2.1.1 and 2.1.2 do not apply provided that driver's forward vision is not distorted and that light transmission of at least 70% is maintained.

Vehicle:

The technical provisions of: Directive 92/22/EEC as last amended by Directive 2001/92/EC.

3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements for all window glazing, other than the driver's cab glazing (windshield and side glazing), the material may be either safety glass or rigid plastic glazing.
5 This item does not apply to armoured vehicles.
46 Tyres

Component:

Directive 92/23/EEC as last amended by Directive 2005/11/EC.

1 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

Vehicle:

The technical provisions of: Directive 92/23/EEC as last amended by Directive 2005/11/EC.

2 In the case of an armoured vehicle, or mobile crane, save as required by paragraph 3, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3 In the case of a mobile crane the provision in paragraph 2 above applies on condition that the requirements in ISO 10571—1995 (E) or ETRTO Standards Manual 1998 are fulfilled.
47 Speed Limiters

Component:

Directive 92/24/EC M99 as last amended by Directive 2004/11/EC M100.

Does not apply to category O vehicles.

Vehicle:

The technical provisions of: sections 1, 2 and 7 of Annex I to Directive 92/24/EC as last amended by Directive 2004/11/EC.

48 Masses and Dimensions
The technical provisions of: Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.1 Directive 97/27/EC, Annex I, paragraphs 7.3.3, 7.5, 7.9, 7.10 and 7.11 do not apply. In the case of a category M2 or M3 vehicle, for paragraph 7.3.3 substitute “maximum height 4.57m”.
2 Trailers for abnormal indivisible loads of exceptional length are exempt from Annex I, paragraph 7.3.1.

3 In the case of a semi-trailer which is designed to carry at least two other wheeled vehicles, in Annex I—

(a) paragraph 7.3.1.4.1 is to be read as though, for “the limit laid down in section 1.6 of Annex I to Directive 96/53/EC”, there were substituted “ 12.5m ”,

(b) paragraph 7.3.1.4.2 is to be read as though, for “2,04 m as per section 4.4 of Annex I to Directive 96/53/EC”, there were substituted “ 4.19m ”.

4 Exemptions from Annex I, paragraph 7.6:

(a) an abnormal indivisible load vehicle;

(b) a semi-trailer low loader;

(c) a semi-trailer step-frame low loader.

5 In the case of a semi-trailer being a trailer designed to carry at least two other wheeled vehicles, Annex I, paragraph 7.6 applies save that any part of the semi-trailer forward of the transverse plane passing through the king pin may be ignored.
6 Vehicles complying with the relevant requirements of the Road Vehicles (Authorisation of Special Types)(General) Order 2003 M101 or the Motor Vehicles (Authorisation of Special Types) Order (Northern Ireland) 1997 M102 are exempt from any of the provisions in column 1 which they are unable to comply with due to their special purpose.

7 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.1, the items specified must also include—

(a) any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between the trailer and a motor vehicle constructed for that purpose and to which the trailer is designed to be attached such that vehicles carried on it may be moved from the trailer to the motor vehicle or from the motor vehicle to the trailer;

(b) any part of a trailer designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part.

8 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.2, the items specified shall also include safety railings mounted on a vehicle designed to carry at least two other wheeled vehicles, provided that the safety railings are more than 2m above the ground and the overall width including safety railings does not exceed 2.70m.
9 In paragraph 7.4.3.3.1 of Annex I to Directive 97/27/EC for the mass representing a wheelchair and user of 250kg substitute 100kg.
10 Directive 97/27/EC, Annex I, paragraph 7.6 does not apply to a motor vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4m.
49 External Projection of Cabs
The technical provisions of: sections 3 and 4 of Annex I to Directive 92/114/EEC.1 Does not apply to category M2, M3, or O vehicles.
2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
50 Couplings (where fitted)

Component:

Directive 94/20/EC.

1 For the purpose of Directive 94/20/EC, Annex VII, paragraph 1.1, vehicles fitted with Class A couplings are assumed to tow a mass of 3,500kg.

Vehicle:

The technical provisions of Annex VII to Directive 94/20/EC.

2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
51 Flammability
The technical provisions of: Directive 95/28/EC M103, section 7 of Annex I.1 Does not apply to category M2, N2, N3, or O vehicles.
2 Does not apply to category M3 vehicles except vehicles of Class III as defined in Directive 2001/85/EC.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass apply to the cab.
52 Buses and Coaches
1 All vehicles: The technical provisions of UNECE Regulation 107.02 excluding Annex 8.“Vehicle of Class IIIS” means a vehicle of Class III specially designed for the carriage of school children;1 Does not apply to category N2, N3, or O vehicles.
2 Vehicles of Class I: The technical provisions of UNECE Regulation 107.02, Annex 8.“Table 1” means the table at the end of this Part.2 Does not apply to vehicles for the secure transport of persons.

3 Vehicles other than Class I—

(a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 107.02;

(b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.

3 Vehicles of Class I, II or III: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.14 the upper deck gangway shall be connected by one or more intercommunication staircases to the access passageway of a service door or to the lower deck gangway within 3m of a service door.
4 Vehicles of Class A or B: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.11.3.1 a vehicle may be fitted with handrails or handholds on at least one side and in the case of double doors this requirement may be met by a central stanchion or handrail.
5 Vehicles of Class I, as an alternative to column 1, paragraph 2, may comply with the Public Service Vehicles (Accessibility) Regulations 2000 M104, Schedules 1 and 2, or the Public Service Vehicles (Accessibility) (Northern Ireland) Regulations 2003 M105, Schedules 1 and 2.
6 Requirements that are not compatible with the intended use do not apply to vehicles containing seating for use only while the vehicle is stationary.
7 In the case of armoured vehicles, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

8 In the case of a vehicle of Class IIIS, Annex 3 to UNECE Regulation 107.02 is amended as follows—

(a) for “225mm” in paragraphs 7.7.8.1.1.2 and 7.7.8.1.2.2 substitute “200mm”;

(b) for “680mm” in paragraph 7.7.8.4.1 substitute “650mm”; and

(c) for “400mm” in paragraph 7.7.8.2.2 substitute “350mm”.

9 Paragraph 7.4 of Annex 3 to UNECE Regulation 107.02 does not apply to—

(a) a vehicle of Class B fitted with no more than 16 passenger seats, or

(b) any other single deck vehicle fitted with a vehicle stability function for which an approval has been issued in accordance with UNECE Regulation 13.11.

10 Vehicles of Class A & B: The frontal barrier collision test in 7.6.7.2 of Annex 3 to UNECE Regulation 107.02 does not apply to a vehicle in which all passengers have access to at least two doors, being either a service door or an emergency door, one of which is not a sliding door.
11 A door other than a service door, may be fitted to the offside of a vehicle.

12 UNECE Regulation 107.02, Annex 3, paragraph 7.6.7.6:

In the case of—

(a) a manually operated sliding door fitted with a slam lock of the two stage type, the activation of the device may be by movement of the door itself;

(b) a nearside rear door forming part of a pair of doors fitted at the rear of the vehicle, the requirements do not apply if that door is capable of being held securely closed by the other door of that pair.

13 Vehicles of Class I, II or III may, as an alternative to the table in UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.1, meet the requirements of Table 1.
14 Vehicles of Class B fitted with more than one wheelchair space: in the case of the second and subsequent wheelchair spaces, the space must be not less than 700mm wide and 1200mm long.
15 The test requirements of paragraph 3.8 of Annex 8 to UNECE Regulation 107.02 do not apply if the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of those paragraphs.
57 Front Underrun Protection
The technical provisions of section 3 of Annex II to Directive 2000/40/EC M106.Does not apply to category M2, M3, or O vehicles.
65 AEBS
The technical provisions of Regulation (EU) No 347/2012 M107 or UNECE Regulation 131.1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
2 A complete vehicle which was manufactured before 1st September 2018.
3 A completed vehicle where the complete or incomplete vehicle upon which it is based either has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension, and was manufactured before 1st November 2020.
4 A complete vehicle which has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension, and was manufactured before 1st November 2020.
5 The vehicle classes listed in Article 1 of Regulation (EU) No 347/2012.
6 Completed vehicles based on a complete or incomplete vehicle of category N1 or M1.
7 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
66 LDWS
The technical provisions of Regulation (EU) No 351/2012 M108 or UNECE Regulation 130.1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
2 A complete vehicle which was manufactured before 1st September 2018.
3 The exemptions listed in Article 1 of Regulation (EU) No 351/2012.
4 Completed vehicles based on a complete or incomplete vehicle of category N1 or M1.
5 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
69 Electrical Safety
Vehicle: The technical provisions of UNECE Regulation 100.01.

Marginal Citations

M96OJ No. L 252, 16.9.2016, p. 53.

M97OJ No. L 124, 5.5.1989, p. 1.

M98OJ No. L 103, 23.4.1991, p. 5.

M99OJ No. L 129, 14.5.1992, p. 154.

M100OJ No. L 44, 14.2.2004, p. 19.

M103OJ No. L 281, 23.11.1995, p. 1.

M106OJ No. L 203, 10.8.2000, p. 9.

M107OJ No. L 109, 21.4.2012, p. 1.

M108OJ No. L 110, 24.4.2012, p. 18.

Table 1

1 Indicates that the requirement differs from that of UNECE Regulation 107.02.

Number of passengersNumber of Service Doors
Class I and AClass IIClass III and B
9 - 45111
46 - 70211
71 - 1002121
> 100431

Regulation 18(8)(a)

SCHEDULE 2U.K.Technical and administrative requirements for grant of individual approval

PART 1U.K.General provisions

Requirements applicableU.K.

1.  The technical requirements which must be met by Part 2 vehicles are the requirements specified in Part 2 of this Schedule.

Commencement Information

I41Sch. 2 Pt. 1 para. 1 in force at 1.9.2020, see reg. 1(b)

2.  The technical requirements which must be met by Part 3 vehicles are—U.K.

(a)the requirements specified in Part 3 of this Schedule, and

(b)the requirements specified in Part 2 of this Schedule in the subject areas which are not listed in Part 3.

Commencement Information

I42Sch. 2 Pt. 1 para. 2 in force at 1.9.2020, see reg. 1(b)

3.  The technical requirements which must be met by vehicles other than Part 2 or Part 3 vehicles are the requirements specified in Part 4 of this Schedule.U.K.

Commencement Information

I43Sch. 2 Pt. 1 para. 3 in force at 1.9.2020, see reg. 1(b)

InterpretationU.K.

4.—(1) In this Schedule—

“approval”, “certificate of conformity” and “test report” have the meanings respectively given in Part 1 of Schedule 1;

“effective date” means—

(a)

in the case of an amateur built vehicle, a vehicle manufactured using parts from a registered vehicle or a rebuilt vehicle (as respectively defined below), the 1st January immediately preceding the date of manufacture of the engine by which the vehicle is propelled, if that date is earlier;

(b)

in any other case, the date of manufacture of the vehicle;

“multi-purpose vehicle” means a vehicle intended for the carriage of both passengers and their luggage or goods and falling within category M1 or N (subject however to paragraph 10);

“Part 2 vehicle” means a relevant vehicle of a class which falls within category M1 or N1 and is—

(a)

a personally imported vehicle within the meaning of paragraph 5,

(b)

an amateur built vehicle within the meaning of paragraph 6,

(c)

a vehicle manufactured in very low volume within the meaning of paragraph 7,

(d)

a vehicle manufactured using parts from a registered vehicle within the meaning of paragraph 8,

(e)

a rebuilt vehicle within the meaning of paragraph 9,

(f)

a left hand drive vehicle,

(g)

a motor caravan,

(h)

an armoured vehicle,

(i)

an ambulance, or

(j)

a hearse;

“Part 3 vehicle” means a relevant vehicle of a class which falls within category M1 or N1 but is not a Part 2 vehicle.

(2) A reference in a table in this Schedule to any numbered item is, except where otherwise provided, a reference to the item so numbered in that table.

(3) A reference in column 1 of a table in this Schedule to any Directive, Regulation (other than a UNECE Regulation) or Decision is a reference to the version of that Directive, Regulation or Decision—

(a)as at the date of any specified last amendment, or

(b)where it has been revoked and no last amendment is specified, immediately before that revocation,

[F147as that Directive, Regulation or Decision has effect in EU law].

(4) A reference in column 2 or 3 of a table in this Schedule to any Directive, Regulation or Decision is a reference to the version of that Directive, Regulation or Decision mentioned in the corresponding entry in column 1 of the table concerned.

Textual Amendments

Commencement Information

I44Sch. 2 Pt. 1 para. 4 in force at 1.9.2020, see reg. 1(b)

5.—(1) A vehicle is a personally imported vehicle if either the conditions in sub-paragraph (2) or those in sub-paragraph (3) are satisfied (“A” being, in the following sub-paragraphs, the applicant for individual approval).U.K.

(2) The conditions in this sub-paragraph are satisfied if—

(a)the vehicle has been imported by A upon entry into the United Kingdom,

(b)A had, prior to the time the vehicle was imported, been normally resident in a country other than the United Kingdom for a continuous period of at least 12 months,

(c)A intends to become normally resident in the United Kingdom,

(d)the vehicle has been in the possession of and used by A in the country where A was normally resident for a period of at least 6 months before its importation, and

(e)the vehicle is intended for A's personal or household use in the United Kingdom.

(3) The conditions in this sub-paragraph are satisfied if—

(a)A is a serving member of the Armed Forces and intends to import it into the United Kingdom within 12 months of the date of the application for individual approval,

(b)at the time of that application A has been normally resident in a country other than the United Kingdom for a continuous period of at least 12 months, and

(c)paragraphs (c) to (e) of sub-paragraph (2) are satisfied.

(4) Subject to sub-paragraphs (5) to (7), for the purposes of this paragraph A is to be treated as being normally resident in a country if—

(a)A usually lives in that country for a period of, or periods together amounting to, at least 185 days in a period of 12 months, and

(b)that period, or those periods, of residence occur because of A's occupational and personal ties to that country.

(5) Where A has no occupational ties, sub-paragraph (4)(b) does not apply provided that A's personal ties show close links with that country.

(6) Where A has occupational ties in one country and personal ties in a second country, A is to be treated, for the purposes of this paragraph, as being normally resident in that second country if either—

(a)A's stay in the first country is in order to carry out a task of a definite duration, or

(b)A returns regularly to the second country.

(7) But if A is a United Kingdom citizen whose personal ties are in the United Kingdom and whose occupational ties are in a country other than the United Kingdom, A is to be treated as normally resident in that other country if A has lived there for a period of, or periods together amounting to, at least 185 days in the period of 12 months immediately preceding the date of entry into the United Kingdom.

(8) In this paragraph, “serving member of the Armed Forces” means a person who is employed by Her Majesty's air forces, Her Majesty's military forces or Her Majesty's naval forces but who is not a serving member of any of the reserve forces.

Commencement Information

I45Sch. 2 Pt. 1 para. 5 in force at 1.9.2020, see reg. 1(b)

6.—(1) A vehicle is an amateur built vehicle if—U.K.

(a)the vehicle was—

(i)constructed or assembled, or

(ii)having previously been registered under the 1994 Act, structurally modified,

for the personal use of a person (R) who is a relevant individual, and

(b)the whole, or a substantial part, of the construction, assembly or modification was carried out—

(i)by R,

(ii)by one or more relevant individuals acting on behalf, and under the direction, of R, or

(iii)by R and one or more relevant individuals acting on behalf, and under the direction, of R.

(2) For the purposes of this paragraph, a relevant individual in relation to a motor vehicle is an individual who does not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed, assembled or modified.

Commencement Information

I46Sch. 2 Pt. 1 para. 6 in force at 1.9.2020, see reg. 1(b)

7.—(1) A vehicle is a vehicle manufactured in very low volume if the condition in sub-paragraph (2) is satisfied.U.K.

(2) The condition is that the total number of vehicles of the family of types to which the vehicle in question belongs which are manufactured in the world during any period of 12 months falling within the period of 36 months immediately preceding the month in which the vehicle was manufactured does not exceed 500.

Commencement Information

I47Sch. 2 Pt. 1 para. 7 in force at 1.9.2020, see reg. 1(b)

8.  A vehicle is a vehicle manufactured using parts of a registered vehicle if—U.K.

(a)it is constructed or assembled by a person carrying on a business in the course of which motor vehicles are normally constructed or assembled,

(b)it is equipped with an engine which has previously been used as the engine of another vehicle which had been registered under the 1994 Act or any earlier Act providing for the licensing and registration of mechanically propelled vehicles, and

(c)it is equipped with one or more of the following components taken from the same vehicle as the engine—

(i)chassis,

(ii)body,

(iii)suspension,

(iv)an axle,

(v)transmission, or

(vi)steering assembly.

Commencement Information

I48Sch. 2 para. 8 in force at 1.9.2020, see reg. 1(b)

9.—(1) A vehicle is a rebuilt vehicle if it—U.K.

(a)is a vehicle to which the approval authority is required to assign a vehicle identification number,

(b)is not an amateur built vehicle or a vehicle manufactured using parts of a registered vehicle, and

(c)has been rebuilt using a replacement chassis, or an integral chassis body, which is of the same design and construction as that of the original vehicle and which—

(i)was supplied for the purpose without having been previously used, or

(ii)previously formed part of a vehicle registered under the 1994 Act or any earlier Act providing for the licensing and registration of mechanically propelled vehicles.

(2) For the purposes of sub-paragraph (1) the approval authority is required to assign a vehicle identification number to a vehicle where it appears to the authority upon receipt of an application under regulation 18 that the vehicle does not have a vehicle identification number which—

(a)satisfies the requirements set out in paragraph 3 of the Annex to Council Directive 76/114/EEC M109,

(b)has previously been assigned under this Schedule, or

(c)if it does not fall within paragraph (a) or (b), is adequate for the purpose of enabling the vehicle to be identified.

Commencement Information

I49Sch. 2 para. 9 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M109OJ No. L 24, 30.1.1976, p. 1, as last amended by Directive 2013/15/EU (OJ No. L 158, 10.6.2013, p. 172). This Directive was revoked by Regulation (EC) No 661/2009 (OJ No. L 200, 31.7.2009, p. 1) with effect from 31st October 2010.

10.  For the purpose of determining whether a multi-purpose vehicle falls into category M1 or N, if the manufacturer so requests a vehicle which has—U.K.

(a)4 or more seats,

(b)a load area not exceeding 40% of its length, and

(c)a maximum technically permissible mass not exceeding 6500kg,

may be categorised as M1.

Commencement Information

I50Sch. 2 para. 10 in force at 1.9.2020, see reg. 1(b)

PART 2U.K.Requirements for Part 2 vehicles

CHAPTER 1U.K.

Commencement Information

I51Sch. 2 Pt. 2 Ch. 2 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1Noise
1 The vehicle must be fitted with an exhaust system including a silencer such that the exhaust gases must not escape into the atmosphere without first passing through the silencer.For the purposes of this item “S” means the rotational speed at which maximum power is produced.Paragraph 1 only applies to vehicles fitted with an internal combustion engine as part of the propulsion system for the vehicle.

2 When—

(a) the vehicle is held stationary on a level surface such that there is an unobstructed area not less than 3 metres wide all around the vehicle, and

(b) the engine by which the vehicle is propelled is run at a constant rotational speed of 3/4S, the noise measured at 0.5 metres from the exhaust outlet at 45 degrees to the axis of the outlet pipe in a horizontal plane, must not exceed 99dB(A).

2Light Duty Emissions
1 The vehicle must not emit any avoidable smoke or avoidable visible vapour.“the emissions publication” has the same meaning as in paragraph 7(b) of Schedule 7B of the Road Vehicles (Construction and Use) Regulations 1986 M110;1 Does not apply to vehicles approved to item 41.

2 When the engine by which the vehicle is propelled is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine must not exceed—

(a) if the vehicle has an effective date before 1st August 1986, 4.5%;

(b) if the vehicle has an effective date on or after 1st August 1986 and is not a vehicle described in sub-paragraph (c) or (d) below, 3.5%;

(c) if the vehicle is of a description mentioned in the Annex to the emissions publication and is either—

(i) a passenger car having effective date on or after August 1992, or

(ii) any other vehicle having an effective date on or after 1st August 1994,

the relevant percentage;

(d) if the vehicle is not of a description mentioned in the Annex to the emissions publication and is—

(i) a passenger car having an effective date on or after 1st August 1995 or any other vehicle having an effective date on or after 1st August 1995 or any other vehicle having an effective date on or after 1st August 1997, 0.5% of the total exhaust emissions from the engine by volume;

(ii) a passenger car or any other vehicle having an effective date on or after 1st September 2002, 0.3% of the total exhaust emissions from the engine by volume.

“fast idling speed” means, in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex;

2 For the purposes of this item, a vehicle that can be fuelled with both petrol and gaseous fuel, is to be regarded as a vehicle that can only be fuelled with a gaseous fuel, so long as—

(a) the petrol system is fitted for emergency purposes only, and

(b) the petrol tank cannot contain more than 15 litres of petrol.

3 If the engine by which the vehicle is propelled is run without a load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of the exhaust emission from the engine must not exceed 0.12% if the vehicle is a vehicle described in paragraph 2(a) or 2(b) above;“the lambda value” means the ratio by mass of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7;

3 Paragraphs 2, 3 and 4 do not apply to—

(a) vehicles not propelled by a spark ignition engine;

(b) vehicles having an effective date before 1st August 1975;

(c) vehicles having an effective date before 1st August 1987 and propelled by a rotary piston engine.

4 If the vehicle is one described in paragraph 2(c) or (d) above and the engine by which it is propelled is run without a load at a fast idling speed—

(a) the carbon monoxide content of the exhaust emissions from the engine must not exceed 0.3% of the total exhaust emissions from the engine by volume,

(b) if the vehicle has an effective date on or after 1st September 2002, the carbon monoxide content of the exhaust emissions from the engine must not exceed 0.2% of the total exhaust emissions from the engine by volume,

(c) the hydrocarbon content of the exhaust emissions from the engine must not exceed 0.02% of the total exhaust emissions from the engine by volume, and

(d) the lambda value must be between the relevant limits.

“normal idling speed” means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and 2(c) respectively of that Annex;4 Paragraphs 2(a) and 2(b) do not apply to vehicles propelled by a 2-stroke engine.

“passenger car” means a motor vehicle which—

(a) is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

(b) has not more than five seats in addition to the driver's seat, and

(c) has a weight not exceeding 2500kg maximum gross;

5 Paragraph 2(c) does not apply to—

(a) a passenger car having an effective date on or after 1st August 1992 and before 1st August 1995;

(b) any other vehicle having an effective date on or after 1st August 1994 and before 1st August 1997,

if the passenger car or other vehicle was not on the effective date, equipped with a catalyst exhaust emissions system, in which case paragraph 2(b) applies.

“relevant limits” means—

(a) in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the minimum and maximum limits shown against that description of vehicle in columns 3(c) and 3(d) respectively of that Annex, or

(b) in any other case, 0.97 and 1.03;

6 Paragraphs 2(c) and 2(d) do not apply to vehicles having an effective date before 1st January 1999 which are either—

(a) fuelled solely by either liquid petroleum gas or natural gas, or

(b) bi-fuelled vehicles when controlled to operate on either of those gases.

“relevant percentage” means, in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 1(a) of that Annex; and7 Paragraphs 3 and 4(b) do not apply to vehicles fuelled solely by natural gas or to bi-fuelled vehicles when controlled to operate on natural gas.
“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston; and any rotary piston engine is deemed to be a four-stroke engine.8 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
9 An approval issued to the most representative base vehicle remains valid irrespective of change in the reference mass.
10 A Combined CO2 figure may be determined by the Secretary of State using such information as the Secretary of State sees fit.
3AFuel Tanks
1 The technical provisions of Section 5 of Annex I of Directive 70/221/EEC as last amended by Directive 2000/8/EC M111, with the exception of paragraphs 5.1, 5.2 and 5.12. No dripping test is to be performed.In the case of a vehicle manufactured on or before 1st May 2009 the requirement in paragraph 5.9.1 for a tank cap to be fixed to the filler pipe does not apply.
2 Vehicles (except those not fitted for liquid fuels at normal ambient conditions) must comply with the requirements of paragraph 5.1.2 of Annex I to Directive 70/220/EEC M112 as last amended by Directive 91/441/EEC M113.

3 For vehicles using gaseous fuels:

UNECE Regulation 67.01 for LPG,

UNECE Regulation 110 for CNG,

UNECE Regulation 115 for LPG or CNG retro-fit, or

the technical provisions of Regulation (EC) No 79/2009 or UNECE Regulation 134 for hydrogen.

4Rear Registration Plate Space

The technical provisions of Directive 70/222/EEC,

or

space must be provided for a registration place meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001.

5Steering Effort

The technical provisions of paragraphs 4 and 5 of Annex I to Directive 70/311/EEC as last amended by Directive 1997/7/EC,

or

in the case of a Manual or Power Assisted System, a test to ensure no obvious defect or undue stiffness is evident.

“Manual or Power Assisted System” means a system that will operate in the event of failure of any power supply or assistance.1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 Directive 70/311/EEC, Annex 1, paragraphs 4.1.1.2 and 4.2.1.1.2 do not apply to a steering control system designed to meet the needs of a driver with a physical disability.
6Door latches and Hinges
1 All doors, provided on the vehicle for the entry and exit of occupants, must be designed so as to allow easy and safe use. Doors fitted to the side of the vehicle must have both intermediate and fully latched positions. However, latching in an intermediate position is not required if a safety-bolt with an audible warning device is provided as specified in the paragraph 2(b) below. Door latches must be designed to prevent the doors from opening accidentally.For the purposes of this item, “longitudinal plane” means a vertical plane parallel to the longitudinal axis of a vehicle.1 Column 1, paragraph 2 does not apply to doors which do not give direct access to a seat designed for normal use while a vehicle is travelling on a road. This includes any door, for which the longitudinal plane passing through the extreme inboard projecting point of such a door is more than 300mm distant from the longitudinal plane passing through the nearest edge of such a seat. For the purpose of this provision the seating position of a wheelchair is considered to be a seat.

2 Where hinges are used on doors fitted to the side of a vehicle, other than folding doors, the hinges must be fitted at the front edge of the door. However, they may be fitted at the top or rear edge if either—

(a) a device is fitted which automatically closes the door at least to the intermediate latched position if it is unlatched when the vehicle is moving in the forward direction, or

(b) a safety-bolt is fitted to prevent such unlatching and an audible or visual warning device is provided which activates an audible warning if the vehicle is driven without the bolt in place.

2 The latching requirements in paragraphs 1 and 3 do not apply to any power-operated door if the force applied by the power actuator is sufficient to keep the door completely closed even when any load is applied as described in paragraph 3.
3 On hinged doors, the latch and striker assembly must be capable of withstanding any load which is likely to be applied in the course of normal driving (i.e. excluding crash impacts) in both the intermediate and fully latched positions. However if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) above, the requirement need be met only with the bolt in place.3 This item does not apply to doors meeting the technical requirements specified in paragraphs 7.6.4 to 7.6.6 or in paragraph 7.6.7 of Annex I to Directive 2001/85/EC.
7Audible Warning
The vehicle must be fitted with an audible warning device which when operated emits a continuous uniform sound capable of giving audible warning of the approach position of the vehicle to which it is fitted.For the purposes of this item an “audible warning device” does not include a bell, gong or siren.
8Indirect Vision
The essential technical provisions of Directive 71/127/EEC as last amended by Directive 88/321/EEC1 Directive 71/127/EEC, Annex II, paragraph 1.4 does not apply.
2 Field of view requirements do not apply to optional mirrors.
9Braking

1 The vehicle must comply with the requirements of paragraph 2.1 and 2.2 of Annex I of Directive 71/320/EEC as last amended by Directive 98/12/EC; but in the application of that Annex (as so amended) for these purposes—

(a) the second sentence of paragraph 2.2.1.2.4 does not apply,

(b) paragraph 2.2.1.4.2 does not apply in relation to a vehicle which is fitted with a braking system having a split-circuit transmission which enables braking of not less than one wheel on each side of the vehicle, in the event of failure in a part of the transmission of the service braking system, and

(c) paragraph 2.2.1.5.1 applies as if for the last sentence there were substituted the words “ This condition must be met by automatic means ”.

For the purpose of this item—

“anti-lock device” has the same meaning as in Directive 71/320/EEC as amended by Directive 98/12/EC;

1 The requirements in paragraph 1 for the driver to be able to operate the service braking system which keeping both hands on the steering control, and the secondary braking system while keeping at least one hand on the steering control, does not apply to a disabled person's vehicle, as long as the vehicle is adapted for a disabled driver to enable him to control the steering at all times while operating either braking system.
2 If the vehicle is equipped with an anti-lock device it must comply with paragraph 2.2.1.23 of Directive 71/320/EEC as last amended by Directive 98/12/EC.“brake efficiency” means maximum total brake force expressed as a percentage of the maximum gross weight;

2 Paragraph 5(b) has effect in the case of a vehicle having a secondary brake operated by means other than a foot control as if for “50 kg” and “70 kg” respectively there were substituted “40 kg” and “ 60 kg ”.

3 The vehicle must comply with the requirements of paragraphs 2.2.1.11.1 and 2.2.1.11.2 of Directive 71/320/EEC as last amended by Directive 98/12/EEC.“braking system”, “control”, “transmission”, “service braking system”, “secondary braking system” and “parking braking system”, have the same meanings respectively as in Directive 71/320/EEC as amended by Directive 98/12/EC;

3 Paragraph 7 does not apply to a vehicle if the brakes acting on its rear wheels are fitted with an anti-lock device and were so fitted at the time of its manufacture except that this exemption shall not apply to—

(a) an amateur-built vehicle,

(b) a vehicle manufactured using parts of a registered vehicle, and

(c) a rebuilt vehicle.

4 The secondary braking system and service braking system must have the same control.

“in running order” means—

(a) with all fluids (such as oils and engine coolant) necessary for the vehicle to be driven, with the fuel tanks full, and having a spare wheel and a tool kit,

(b) carrying a driver weighing 68kg, and

(c) not carrying any other load or passengers.

(4) The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

5 The brake efficiency must not be less than—

(a) for the service braking system—

(i) in the case of a passenger vehicle, 60%, or

(ii) in the case of a good vehicle, 50%;

(b) for the secondary braking system, in the case when the servo-assistance provided for the service braking (if any) fails and a force is applied to the control—

(i) in the case of a passenger vehicle, 25% when the force applied is 50kg, or

(ii) in the case of a goods vehicle, 25% when the force applied is 70kg,

(c) for the parking braking system, 18%.

“lateral brake distribution”, in relation to an axle, means the ratio (expressed as a percentage) of the lower to higher of the braking forces transmitted by the tyres to the road surface for two wheels, on opposite sides of the vehicle on the same axle;

6 The lateral brake distribution for the service braking system must—

(a) in relation to each steering axle, and

(b) for all values of total breaking force and vehicle speed,

be not less than 70%.

“longitudinal brake distribution” means the ratio of the braking forces transmitted by the tyres to the road surface through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface;
7 The longitudinal brake distribution for the service braking system must, for all values of total breaking force, vehicle speed and adjustment settings (if any), be greater than the ratio of the vertical forces transmitted to the road through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface.“maximum total brake force” means the total braking force when the brakes are fully applied;
8 The capacity of the braking system to absorb and dissipate energy must be sufficient to ensure that all the required aspects of braking performance can be maintained under all normal operating conditions of the vehicle, including long hill descents, taking account of the vehicle's speed capability, weight and weight distribution.“servo-assistance” means an energy supply which supplements the muscular energy of the driver;
9 Braking reaction time must comply with the requirements of paragraph 2.3 of Annex II to Directive 71/320/EEC as last amended by Directive 98/12/EC.“total braking force” means the total of the braking forces transmitted by the tyres to the road surface when the brakes are applied.
10Electro-magnetic Compatibility
The vehicle must comply with the essential technical requirements of paragraph 6 of Annex I to Directive 72/245/EEC as last amended by Directive 89/491/EEC M114.
11Diesel Smoke

1 If the vehicle has an effective date on or after 1st August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust must not exceed—

(a) if the engine of the vehicle is turbo-charged, 3.0 per metre, or

(b) in any other case, 2.5 per metre.

For the purposes of this item—

“co-efficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Directive 72/306/EEC M115;

This item—

(a) applies only to vehicles propelled by a compression ignition engine;

(b) does not apply to a vehicle which complies with item 41.

2 If the vehicle has an effective date on or after 1st July 2008, when the engine by which it is propelled is subject to the free-acceleration test, the co-efficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust must not exceed 1.5 per metre.“free acceleration” has the same meaning as in Annex II to Directive 77/143/EEC M116 as last amended by Directive 92/55/EEC M117;
3 If the vehicle has an effective date on or after 1st September 2018, when the engine is subject to the free-acceleration test, the co-efficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust must not exceed 0.7 per metres or the plate value (if any), whichever is lower.“plate value” means the co-efficient of absorption specified either on the vehicle's plate provided under item 18 of this table, or on any other plate provided for this purpose.
12Interior Fittings
1 No surface (other than a surface of a window) of the vehicle interior which can be contacted by a sphere of 165mm diameter and which is within the specified zone, may include any fittings (e.g. controls and instruments) or design features which have any dangerous roughness or sharp edges.

For the purposes of this item—

“air bag” means a flexible bag fitted to a vehicle and designed to be filled with gas under pressure in order to protect the driver or a front seat passenger in the event of a collision involving the front of the vehicle;

1 Does not apply to a goods vehicle of category N1.
2 Switches and other controls mounted on the instrument panel which project by more than 9.5mm from the surface of the panel, can be contacted by a sphere of 165mm diameter and which are within the specified zone, must be so constructed and mounted that they would either retract into the surface of the panel or become detached from the panel when a horizontal force of 40kg is applied to them.“designated seating position” means a position where there is a seat designed for normal use while the vehicle is travelling on the road;2 Does not apply to any area inside a motor caravan, ambulance, or hearse which is not inside the head impact zone for any designated seating position for use during vehicle travel.
3 The lower edge of the instrument panel which is within the specified zone must be rounded to a radius of curvature of not less then 19mm, or if it is covered with non-rigid material, not less than 5mm.“head impact zone” has the same meaning as in Directive 74/60/EEC;3 An armoured vehicle is exempted from any requirement of this item if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
4 The rearward and upward-facing parts of seat frames behind which there is a designated seating position, and which are within the head impact zone must be both covered with non-rigid material and have a radius of curvature of not less than 5mm.“non-rigid material” means a material which has a hardness of less than 50 shore A;

4 Paragraph 1 does not apply to—

(a) the edges of any interior fitting (if there is a gap of less than 20mm wide between the edges),

(b) any heating or ventilation grill element, or

(c) any control mounted on the heating or ventilation grill element area,

so long as they are blunted.

5 The handbrake control in the fully released position and the gear-lever control in any forward gear position must not have any radius of curvature of less than 3.2mm on surfaces which can be contacted by a sphere of 165mm diameter.“rigid material” means a material which has a hardness of no less than 50 shore A;5 Paragraph 1 does not apply to foot pedal controls.
6 Shelves and other similar items fitted below the level of the highest part of the instrument panel must be so constructed that their supports have no protruding edges and that all parts facing into the vehicle present a surface not less than 25mm high with edges rounded to a radius of curvature of not less than 3.2mm. This surface must also be covered with non-rigid material.“sharp edge” means an edge of rigid material having a radius of curvature of less than 2.5mm, except in the case of projections of less than 3.2mm from the panel. In this case, the minimum radius of curvature does not apply provided that the height of the projection is not more than half its width and its edges are blunted;6 Paragraphs 1 and 2 do not apply to any switches, controls or associated equipment designed for the use by a disabled driver and fitted in the driver's position so long as any edges are blunted.
7 On that part of the inner surface of the roof which is situated above or forward of the occupants and can be contacted by a sphere of 165mm diameter, the width of projecting parts made of rigid material must not be less than the length of their projection from the surface and their edges must have a radius of curvature of not less than 5mm. Roof sticks or ribs made of rigid material, with the exception of the header rail of the glazed surfaces and door frames, must not project downwards by more than 19mm.

“specified zone” means the zone which—

(a) is forward of the transverse plane of the torso reference line of the manikin as defined in paragraph 2.5 and appendix 1 of Annex III to Directive 77/649/EEC M118 as last amended by Directive 90/630/EEC with the manikin positioned in the rearmost designated seating position,

(b) is above the horizontal plane passing through the point 150mm above the lowest part of the top of the front seat cushions, and

(c) is outside the areas defined by paragraphs 2.3.1, 2.3.2 and 2.3.3 of Annex I to Directive 74/60/EEC as last amended by Directive 78/632/EEC M119.

7 For the purpose of this item the seating position of a wheelchair is considered to be a seat.

8 Paragraph 5 does not apply to—

(a) any floor-mounted hand-brake control if, in the fully released position, no part of the control is in the specified zone, or

(b) any hand-brake control mounted on or under the instrument panel if, in the fully released position, there is no possibility of the occupants of the vehicle contacting it in the event of a frontal impact.

9 Paragraph 7 does not apply to—

(a) parts covered with a non-rigid material,

(b) to the hood-frames of convertible vehicles, or

(c) to hood or tonneau cover press studs,

so long as they are blunted. For opening roofs, the requirements shall apply to parts, including devices for opening, closing and adjusting the roof, with the roof in the closed position.

10 Paragraph 1 (in so far as it relates to the surface of an instrument panel) and paragraph 2 do not apply to any vehicle if—

(a) it is fitted with air bags for the protection of the driver and the front seat passenger, and

(b) those air bags were fitted at the time the vehicle was manufactured,

except that this exemption does not apply to—

(i) an amateur-built vehicle,

(ii) a vehicle manufactured in very low volume,

(iii) a vehicle manufactured using parts of a registered vehicle, and

(iv) a rebuilt vehicle, as defined in Part 1 of this Schedule.

13Anti-Theft and Immobiliser

1 Either—

(a) the technical provisions of Directive 74/61/EEC as last amended by Directive 95/56/EC, or

(b) the requirements specified in paragraph 2.

“immobiliser” has the same meaning as in Directive 74/61/EEC as last amended by Directive 95/56/EC.

1 For the purpose of column 1, paragraph 3, compliance may be demonstrated by—

(a) a base vehicle approval or test report, or

(b) a separate technical unit approval or test report, and a completed installation certificate.

2 The vehicle must be fitted with some form of anti-theft device, that is to say, a mechanical anti-theft device or immobiliser or a combination of these (in addition to any key operated switch normally used to start the engine) that prevents the vehicle being driven or moved under its own power. Such device(s) shall comply with the following requirements—

(a) No anti-theft device is to operate on the braking system;

(b) If any anti-theft device is, or incorporates any, mechanical device that acts upon a system that affects the control of the vehicle (e.g. the steering control)—

(i) it must not be possible to start the engine in the normal way until every such mechanical device has been deactivated,

(ii) it must not be possible to activate any such mechanical device while the engine is running, and

(iii) the action of deactivating any such mechanical device must be distinct and separate from that of stopping the engine.

2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 Any alarm system or immobiliser, excluding a panic alarm specified in paragraph 4, fitted to a vehicle must comply with paragraph 1.

4 An optional panic alarm not forming part of an alarm system under paragraph 1 must comply with the following requirements—

(a) the alarm signal to be audible and in addition may include optical alarm devices, or be a radio alarm, or any combination of the above;

(b) the technical requirements of Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8, 9.1.2 to 9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive;

(c) unsetting the panic alarm must immediately cut the alarm signal.

14Protective Steering
1 No part of the steering control surface directed towards the driver which can be contacted by a sphere of 165mm in diameter may present any roughness or sharp edges with a radius of curvature of less than 2.5mm.

For the purposes of this item—

“driver's air bag” means a flexible bag fitted to a vehicle and designed to be filled with gas under pressure in order to protect the driver in the event of a collision involving the front end of the vehicle;

1 This item does not apply to—

(a) an ambulance, motor caravan, or hearse if the vehicle has been derived from a goods vehicle having a maximum gross weight of not less than 1500kg;

(b) an armoured vehicle;

(c) a vehicle which complies with the technical requirements of Directive 96/79/EC.

2 The steering control must be designed, constructed and fitted so as not to embody components or accessories, including the horn control and other assemblies, capable of catching in the driver's clothing or jewellery in normal driving movement.“steering control” has the same meaning as in Directive 74/297/EEC.

2 Paragraph 1 does not apply to any vehicle if—

(a) it is fitted with a driver's air bag;

(b) the driver's air bag was fitted and approved at the time the base vehicle was manufactured, and

(c) all parts of the steering control are blunted,

but this exemption does not apply to—

(i) an amateur built vehicle;

(ii) a vehicle manufactured in very low volume;

(iii) a vehicle manufactured using parts of a registered vehicle;

(iv) a rebuilt vehicle,

as defined in Part 1 of this Schedule.

3 The steering control and column assembly as fitted to the vehicle or the steering control itself must offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. The requirement shall be treated as met if either—

(a) the vehicle complies with the requirements of paragraph 5.2 of Annex I of Directive 74/297/EEC, or

(b) the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC.

3 The requirements of this item do not apply to a disabled person's vehicle insofar as the adaptation prevents the vehicle from complying but this exception does not apply where such adaptations can easily be removed, if necessary with the use of tools, in which case evidence of compliance before the vehicle was adapted is required.
4 The vehicle must comply with the requirements of paragraph 5.1 of Annex I of Directive 74/297/EEC.
15Seat Strength
The technical provisions of Directive 74/408/EEC as last amended by Directive 2005/39/EC.1 In the case of a motor caravan, ambulance or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of a motor caravan, ambulance or hearse, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 This item does not apply to the anchorages of any seat designed for a disabled person, so long as such a seat is securely attached to the vehicle.

4 In the case of a wheelchair accessible vehicle—

(a) a wheelchair location shall be considered a seating position but the requirements in column 1, paragraph 1, do not apply to the wheelchair;

(b) for each wheelchair sufficient space must be provided, the longitudinal plane of the special area must be parallel to the longitudinal plane of the vehicle.

5 The tests specified in Appendix 1 and Appendix 2 of Annex II to Directive 74/408/EEC do not apply to a seat designed to provide a comparable level of safety.
6 The provisions of paragraph 2 of Article 1 to Directive 2005/39/EC do not apply.
16Exterior projections
1 The essential technical provisions of Directive 74/483/EEC as last amended by Directive 79/488/EC, Annex I, paragraphs 5, 6.2, 6.5.1, 6.11 and 6.14.For the purposes of this item “extreme outer edge” and “external surface” have same meaning as in Directive 74/483/EEC.1 Does not apply to goods vehicles of category N1 or multi-purpose vehicles which are classed as M1 by virtue of paragraph 10 of Part 1 of this Schedule.
2 Handles, hinges, push buttons and fuel tank filler caps must not project more than 40mm from the external surface unless they cannot under any circumstances project beyond the extreme outer edge of the vehicle, in which case they may project by up to 50mm from the external surface. All handles must be enclosed in a protective surround or be recessed, unless they cannot in any circumstances project beyond the extreme outer edge of the vehicle.2 The requirements according to the base or incomplete vehicle based on maximum mass may apply to the cab.

3 The open ends of door handles which rotate parallel to the plane of the door must be turned back towards the plane of the door. Such open ends must be directed rearwards unless the handles cannot under any circumstances project beyond the extreme outer edge of the vehicle and at least one of the following requirements is met—

(a) the open end of the handle is shielded to the front by a protective surround, or

(b) the open end of the handle is recessed into the vehicle bodywork, or

(c) the gap measured laterally between the open end of the handle and the vehicle body is no more than 2mm when the handle is in its normal position with the door latched.

3 Those parts of a motor caravan, ambulance or hearse, other than the driver's cab, are exempt from any requirements of this item if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
4 An armoured vehicle is exempt from any requirement of this item if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.

5 Does not apply to badges and other features of mass produced vehicles that cannot reasonably be removed or modified provided that such projections are blunted except that this exemption does not apply to—

(a) an amateur-built vehicle,

(b) a vehicle manufactured in very low volume,

(c) a vehicle manufactured using parts of a registered vehicle, and

(d) a rebuilt vehicle,

as defined in Part I of this Schedule.

6 Hood or tonneau cover press studs fitted to a convertible vehicle so long as they are blunted.
17Speedometer and Reverse Gear
1 The technical provisions of Directive 75/443/EEC as last amended by Directive 97/39/EC, Annex I and Annex II, paragraph 4.

1 Annex II paragraphs 4.3 and 4.4 to Directive 75/443/EEC do not apply if the following requirements are met—

(a) for all true speeds up to the design speed of the vehicle, the true speed must not exceed the indicated speed;

(b) for all true speeds of between 25mph and 70mph (or the maximum speed if lower), the difference between the indicated speed and the true speed must not exceed V/10 + 6.25mph where V = the true speed.

2 The vehicle must be fitted with a speedometer capable of indicating speed in mph at uniform intervals not exceeding 20 mph at all speeds up to maximum speed of the vehicle.2 Annex II paragraph 4.2.1 to Directive 75/443/EEC applies only where the speedometer is marked in km/h.
18Plates (statutory)
1 The technical provisions of: Directive 76/114/EEC as last amended by Directive 78/507/EEC.“mass produced” means vehicles of the same family of types produced in numbers exceeding 500 per annum worldwide.1 In the case of M1 vehicles paragraphs 2.1.4 to 2.1.7 of the Annex to Directive 76/114/EEC do not apply.

2 Where the vehicle is the subject of a multi-stage build a plate is required on completion of each stage as appropriate.

Information which has not changed from the base of the vehicle plate does not need to be marked on subsequent plates, except the vehicle identification number must be marked on every plate.

2 Where a vehicle is mass produced the following may apply—

(a) the information on the plate required in column 1 may be on separate plates provided that the plates are fitted as close as possible to each other in a clearly visible position and every plate is marked with the vehicle identification number, and

(b) the vehicle identification number may be marked in characters less than 4mm in height.

19Seat Belt Anchorages

The technical provisions of Directive 76/115/EEC as last amended by Directive 2005/41/EC,

and

in the case of a wheelchair accessible vehicle the requirements in Section 2 of this Part.

1 In the case of a motor caravan, ambulance or hearse, with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
2 In the case of a motor caravan, ambulance, hearse or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance or hearse, at least anchorages for lap belts are required for all rear seating positions.
4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
5 Tests need not be performed provided that the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of this item.
20Installation of Lighting and Light Signalling Devices
1 The essential technical provisions of UNECE Regulation 48.03.1 Paragraphs 6.2.6.2 and 6.2.6.3 of UNECE Regulation 48.03 (headlamp levelling) do not apply except where dipped beam headlamps with light sources having an objective luminous flux which exceed 2000 lumen are fitted.
2 Dipped beam headlamps must be suitable for left hand rule of the road traffic.2 The requirements relating to S3 devices in paragraph 6.7 of UNECE Regulation 48.03 do not apply.

3 In the case of a rear direction indicator which is one of a number of lamps having a common housing and fitted to a left-hand drive vehicle, paragraph 6.5.4.1 of UNECE regulation 48 applies as if for “400mm” there were substituted “ 480mm ”.

4 Exemption from one or more of the technical requirements is permitted for a special purpose vehicle where the special purpose makes it impossible to fully comply provided that all mandatory devices are installed and geometric visibility is unaffected.
5 For vehicles with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply to the cab.
6 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose and provided that all mandatory lighting devices are installed and that the geometric visibility is not affected.
7 Paragraph 6.7.2.1 of UNECE Regulation 48.03 is to be read as if it also applied to category M1 and N1 vehicles.
8 In paragraph 5.15 of UNECE Regulation 48.03, the text specifying the colour of the side marker lamp is to be read as if the words following the word “red” were deleted.
9 Paragraph 6.3.4.1 of UNECE Regulation 48.03 does not apply.

10 Paragraphs 6.9.2 and 6.10.2 of UNECE Regulation 48.03 are to be read as if the word “two” were replaced by “ two or four ”.

11 In paragraph 5.15 of UNECE Regulation 48.03, the text specifying the colour of the end outline marker lamp is to be substituted by “white or amber in front, red at the rear”.

12 In the case of a left hand drive vehicle where the requirements of UNECE Regulation 48.03, paragraph 6.18.7 are met, paragraph 6.5.4.1 is amended so that for “400mm”, representing the distance from the extreme edge of the vehicle, substitute “ 510mm ”.

13 In the case of a left hand drive vehicle where the headlamp height above the ground as specified in paragraph 6.2.4.2 of UNECE Regulation 48.03 does not exceed 850mm, the requirement in paragraph 6.2.9 for headlamp cleaning does not apply.
21Retro Reflectors
UNECE Regulation 3 or UNECE Regulation 150.

For the purposes of this item—

“coefficient of luminous intensity” has the same meaning as in UNECE Regulation 3.02;

This item, in so far as it requires any reflector or device to bear a particular standard mark (or one of two or more standard marks), does not apply if the device meets the standards as to coefficient of luminous intensity, of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.
“standard mark” means a mark which when applied to a lamp, reflector or device, indicates compliance with the requirements of a particular instrument; and a reference to the instrument to which a standard mark relates is to be construed accordingly.
22End-outline, Front-position (side), Rear-position (side), Stop, Side Marker, Daytime Running Lamps
UNECE Regulation 7 or UNECE Regulation 148.

For the purposes of this item, “standard mark” means a mark which when applied to a lamp, reflector or device, indicates compliance with the requirements of a particular instrument,

and a reference to the instrument to which a standard mark relates is to be construed accordingly.

This item, in so far as it requires any lamp or device (including a filament lamp) to bear a particular standard mark (or one of two or more standard marks), does not apply if the device meets the standards as to luminous intensity of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.
23Direction Indicators
UNECE Regulation 6 or UNECE Regulation 148.As item 22.As item 22.
24Rear registration Plate Lamps
UNECE Regulation 4 or UNECE Regulation 148.As item 22.As item 22.
25Headlamps (including bulbs)
UNECE Regulation 8, UNECE Regulation 20, UNECE Regulation 31, UNECE Regulation 98, UNECE Regulation 112, UNECE Regulation 123 or UNECE Regulation 149.As item 22.As item 22.
25ACornering Lamps (where fitted)
UNECE Regulation 119 or UNECE Regulation 149.As item 22.As item 22.
26Front Fog Lamps (where fitted)
UNECE Regulation 19 or UNECE Regulation 149.As item 22.As item 22.
28Rear fog Lamps
UNECE Regulation 38 or UNECE Regulation 148.As item 22.As item 22.
29Reversing Lamps
UNECE Regulation 23 or UNECE Regulation 148.As item 22.As item 22.
30Parking Lamps (where fitted)
UNECE Regulation 7 or UNECE Regulation 148.As item 22.As item 22.
31Seat Belts

The technical requirement of Directive 77/541/EEC as last amended by Directive 2005/40/EC,

or

a harness belt marked BS3254: Part 1: 1988.

For the purposes of this item—

“adult belt” means a seat belt for an adult not being a disabled person's belt;

1 In the case of a motor caravan, ambulance, or hearse, with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
“harness belt” means an adult belt which is a harness belt comprising a lap belt and shoulder straps.2 In the case of a motor caravan, ambulance, hearse, or other special purpose vehicle the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, at least lap belts are required for all year round seating positions.
4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
5 This item does not apply to an adult belt fitted to a vehicle, if the belt provides a level of safety equivalent to that provided by an adult belt which complies with the requirements of column 1.

6 Seat belts which have been specially designed or adapted for use by an adult or young person who has a physical or mental impairment, and intended for use solely by such person are exempt.

(Note: Seat belt anchorages for such belts shall satisfy the requirements of item 19.)

7 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
32Forward vision
The driver must have a clear and un-obscured view of the road ahead and to the side (180o forward).
33Identification of Controls, Tell-tales and Indicator

The technical provisions of paragraph 5 of Annex I to Directive 78/316/EEC as last amended by Directive 94/53/EC,

or

the symbols (including the colour of tell-tales when their presence is required) mentioned in Annex II of Directive 78/316 as last amended by Directive 94/53/EC must be designed in accordance with Standard ISO 2575.

Instead of complying with column 1 it is sufficient for symbols or text, where fitted, to provide the driver with understandable information about the operation of the control in question.
34Defrost/Demist
Vehicles must be fitted with adequate de-frosting and demisting devices.“Adequate” means: sufficiently effective to ensure adequate visibility through the windscreen under all conditions.
35Wash/Wipe
Vehicles must be fitted with adequate washing and wiping devices.“Adequate” means: sufficiently effective to ensure adequate visibility through the windscreen under all conditions.
36Heating Systems (if fitted)
The technical provisions of Directive 2001/56/EC, Annex II, paragraph 3, excluding paragraph 3.1.
37Wheel guards
The technical provisions of Directive 78/549/EEC, Annex I as last amended by Directive 94/78/EC.1 Does not apply to a vehicle of category N1.
2 Paragraph 3 of Annex I to Directive 78/549/EEC does not apply.
3 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
38Head Restraints
The technical provisions of Directive 78/932/EEC.1 Does not apply to a vehicle of category N1.
2 Does not apply to head restraints which comply with item 15.
3 In the case of a motor caravan, ambulance, or hearse, with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

4 In the case of a motor caravan, ambulance, or hearse, or other special purpose vehicle—

(a) the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary, and

(b) any seats which are not for use when travelling on a road must be clearly identified to users by means of a pictogram or a sign with appropriate text.

5 Does not apply to a seat which is a wheelchair.
41Heavy Duty Emissions
1 The technical provisions of Directive 88/77/EEC M120 as last amended by Directive 91/542/EEC M121 Row B limit values.1 Does not apply to vehicles approved under item 2 or, in the case of a compression ignition engine, item 11.
2 Vehicles manufactured on or after 1st October 2001: Directive 88/77/EEC as last amended by Directive 1999/96/EC M122 Row A limit values.2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 Vehicles manufactured on or after 1st October 2006: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B1 limit values.3 Modification of exhaust system length after the last silencer is permissible without any further test.
4 Vehicles manufactured on or after 1st October 2009: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B2 limit values.4 In the case of armoured vehicles exemption from any requirement of this item is permitted if it can be demonstrated to the satisfaction of the approval authority that it is impossible for the vehicle to comply due to its special purpose.
5 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.
44Masses & dimensions (cars)
The essential technical requirements of Directive 92/21/EEC as last amended by Directive 95/48/EC.1 Does not apply to a goods vehicle of category N1.

2 For motor caravans, in paragraph 3.1.1.2 of Annex II to Directive 92/21, for “2500mm” substituted “ 2600mm ”.

3 Paragraphs 3.1.1.3 and 3.3.3 of Annex II to Directive 92/21/EEC do not apply.
4 In the case of wheelchair accessible vehicles, for the purpose of calculations, the mass of the wheelchair including the user is assumed to be 100kg. The mass must be concentrated at the H point of the three dimensional machine.
45Safety glass

Component:

UNECE Regulation 43.00.

UNECE Regulation 43, Annex 21, paragraphs 4.1.2 and 4.1.3 do not apply provided that driver's forward vision is not distorted and that light transmission of at least 70% is maintained (60% in the case of armoured vehicles).

Vehicle:

The technical provisions of UNECE Regulation 43.00, Annex 21.

46Tyres

Component:

The provisions of Directive 92/23/EEC as last amended by Directive 2005/11/EC,

and

UNECE Regulation 64.01 in the case of a temporary use spare tyre (if fitted).

1 Annex V of Directive 92/23/EEC does not apply to vehicles manufactured before 1st October 2011.

Vehicle Installation:

The technical provisions of Annex IV to Directive 92/23/EEC as last amended by Directive 2005/11/EC.

2 The requirements of column 1 do not apply to a tyre fitted to a vehicle, if the tyre provides a level of safety equivalent to a tyre that meets the requirements of column 1 which refer to the “component” element.
48Masses and Dimensions
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, paragraph 7 of Annex I.1 Does not apply to a passenger vehicle of category M1.
2 Directive 97/27/EC, Annex I, paragraphs 7.5, 7.8.3, 7.9, 7.10 and 7.11 do not apply.
49External Projection of Cabs
The essential technical provisions of: sections 3 and 4 of Annex I to Directive 92/114/EEC.Does not apply to a passenger vehicle of category M1 with the exception of vehicles which are classed as M1 by virtue of paragraph 10 of Schedule 2, Part 1.
Does not apply to badges and other features of mass produced vehicles that cannot reasonably be removed or modified provided that such projections are blunted.
50Couplings (if fitted)

Coupling device:

The technical provisions of: Annex VII to Directive 94/20/EC.

1 In the case of a wheelchair accessible vehicle, irrespective of mass or a motor caravan, ambulance or hearse with a maximum mass equal to or exceeding 2500kg the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

Vehicle Installation:

Securely attached to structural parts of the vehicle and in such a position to allow the safe functioning and operation of the coupling.

2 Does not apply to couplings fitted as original equipment to mass produced vehicles which are compatible with trailer coupling devices complying with requirements of column 1.
60 Frontal Protection Systems (“Bull-bars”) (if fitted)
Directive 2005/66/EC
69 Electrical Safety
Vehicle: The technical provisions of UNECE Regulation 100.01.For a vehicle with batteries with maximum voltage 48V—only compliance with the essential technical requirements of UNECE Regulation 100.00 is required.
70 General Construction
1 All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in this Schedule, must be such that no danger is caused or likely to be caused to any person in the vehicle or on a road.

2 In particular, under normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight—

(a) it must be possible to control the vehicle safely, taking account of the vehicle's speed and acceleration capabilities;

(b) the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts must be sufficient to ensure no risk of fouling and the wheels and wheel fixings shall be compatible;

(c) the vehicle structure (chassis or integral chassis-body) must be designed and constructed so as to withstand the forces and vibration to which it is likely to be subject;

(d) all entries and exits provided for the vehicle occupants (other than doors) must be so designed so as to allow easy and safe use;

(e) all aperture covers (other than doors) including tail gates, boot and bonnet lids, must be capable of being securely latched in the fully closed position;

(f) the steering, suspension, axles and wheels must be designed, constructed and fitted so as to withstand the forces and vibration to which they are likely to be subject;

(g) the electrical system, including the battery, electrical components and wires, must be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, must be 300mm and wires must be fitted and protected so as to avoid the risk of damage to insulation, such as abrasion. All components must be constructed and fitted so as to minimise the risk of corrosion and fire;

(h) no part of the inside or outside of the vehicle should have high surface temperatures likely to cause injury to persons travelling in or entering or exiting the vehicle unless adequately protected.

Marginal Citations

M110S.I. 1986/1078, as last amended by S.I. 2019/734. The definition of “emissions publication” in Schedule 7B was substituted by S.I. 2017/1251.

M111OJ No. L 106, 3.5.2000, p. 7.

M112OJ No. L 76, 6.4.1970, p. 1 (English special edition: Series I Volume 1970(I) P. 171).

M113OJ No. L 242, 30.8.1991, p. 1.

M114OJ No. L 238, 15.8.1989, p. 43.

M115OJ No. L 190, 20.8.1972, p. 1 (English special edition: Series I Volume 1972(III) P. 889).

M116OJ No. L 47, 18.2.1977, p. 47.

M117OJ No. L 225, 10.8.1992, p. 68.

M118OJ No. L 267, 19.10.1977, p. 1.

M119OJ No. L 206, 29.7.1978, p. 26.

M120OJ No. L 36, 9.2.1988, p. 33.

M121OJ No. L 295, 25.10.1991, p. 1.

M122OJ No. L 44, 16.2.2000, p. 1.

CHAPTER 2U.K.

Commencement Information

I52Sch. 2 Pt. 2 Ch. 2 in force at 1.9.2020, see reg. 1(b)

SECTION 1U.K.
Wheelchair spacesU.K.

1.  Any wheelchair space must be fitted with the following—

(a)a wheelchair and wheelchair user restraint system complying with item 19A of the Type Approval Regulation, Annex II, Part III, Appendix 3, or

(b)a restraint system comprising—

(i)a four point wheelchair tie-down system suitable for general wheelchair application, and

(ii)a wheelchair user restraint system comprising a minimum of three anchorage points to provide a pelvic and upper torso restraint system.

Wheelchair tie-down devicesU.K.

2.  All wheelchair tie-down devices must comply with ISO 10542 and be marked accordingly.

Location and geometry of anchoragesU.K.

3.  The geometry of the wheelchair tie-down and occupant restraint system anchorages and webbing must comply with ISO 10542. A surrogate wheelchair as defined in ISO 10542 or equivalent must be used for this purpose.

Testing of restraint system anchoragesU.K.

4.—(1) A static test shall be conducted on the anchorage points for both the wheelchair tie-downs and occupant restraints in accordance with the following requirements—

(a)The tests must be conducted on a vehicle or a representative section of a vehicle structure including any vehicle fittings that are likely to contribute to the strength or rigidity of the structure,

(b)The forces specified in paragraph 5 below must be applied by means of a surrogate wheelchair of adequate strength as defined in ISO 10542, or equivalent, with attachment points for the front and rear tie-downs and reproducing the geometry of the wheelchair tie-down system,

(c)The forces specified in paragraph 6 below must be applied by means of a traction device specified in paragraph 5.3.4 of Annex I to Directive 76/115/EEC as amended by Directive 96/38/EC and supported on the surrogate wheelchair defined in (b) above;

(d)The forces in sub-paragraphs (b) and (c) above must be applied simultaneously in the forward direction at an angle of 10° ± 5° above the horizontal plane. The force in (b) must be applied at a height of not less than 200 mm and not more than 300 mm measured vertically above the floor of the wheelchair space;

(e)The force in paragraph 5(b) must be applied in the rearward direction at an angle of 10° ± 5° above the horizontal plane at a height of not less than 200 mm and not more than 300 mm measured vertically above the floor of the wheelchair space;

(f)All forces must be applied as rapidly as possible through the central vertical axis of the wheelchair and wheelchair space;

(g)All forces must be maintained for a period of not less than 0.2 seconds.

(2) For test purposes the components comprising the wheelchair tie-down and occupant restraint devices may be replaced with components suitable for test purposes having a similar function.

Forces applied to a wheelchair tie-down systemU.K.

5.  The force applied to the surrogate wheelchair—

(a)in the forward direction to be 24.50 kN;

(b)in the rearward direction to be 12.25 kN.

Forces applied to an occupant restraint systemU.K.

6.  The forces must be those specified in paragraph 5.4 of Annex I to Directive 76/115/EEC as last amended by Directive 96/38/EC.

Anchorage system performanceU.K.

7.  The anchorages will meet the test performance requirements if—

(a)no part of the system has failed, or become detached during the test;

(b)no part of the anchorage system has deformed to such an extent that sharp edges or protrusion may cause injury.

SECTION 2U.K.

Instead of complying with Section 1 an alternative wheelchair tie-down system, docking system or occupant restraint system may be fitted. This may include a rearward facing wheelchair arrangement with appropriate safety features. Evidence must be provided to the approval authority that the system offers an equivalent level of occupant protection for the wheelchair user.

PART 3U.K.Requirements for Part 3 vehicles

Commencement Information

I53Sch. 2 Pt. 3 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1Noise
Directive 70/157/EEC, as last amended by Directive 92/97/EEC M123, Annex I, paragraph 5.A “Stationary Noise Test” means, in the case of a modified exhaust system, a stationary test as defined in paragraphs 5.2.3.4.2 and 5.2.3.4.3 of Annex I to Directive 70/157/EEC with a noise limit value measured on the dB(A) scale which must not exceed the equivalent stationary value recorded on the approval, certificate of conformity or test report for that vehicle by more than 2dB(A) at 0.5m.1 Directive 70/157/EEC, Annex I, paragraphs 5.3.1.1, 5.3.1.2 and 5.3.1.3 do not apply.
2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

3 Where evidence of compliance has been provided, subsequent modification to the exhaust system will be permitted provided—

(a) it is downstream of any emissions control device (eg a catalyst), and

(b) the emission control device and silencer are identical to that fitted at the time compliance was demonstrated.

4 In the case of wheelchair accessible vehicles for which an approval or test report has been issued prior to modification of the exhaust system, a Stationary Noise Test is permitted.
2 Light Duty Emissions
1 Directive 70/220/EEC M124 as last amended by Directive 94/12/EC M125, Annex I, paragraph 5.“OBD” means On-Board Diagnostic systems, as defined in paragraph 2.13 of Annex I to Directive 70/220/EEC or paragraph 9 of Article 3 to Regulation (EC) No 715/2007.1 Vehicles are exempt from the requirements of OBD.
2 Vehicles manufactured on or after 1st January 2001: Directive 70/220/EEC as last amended by Directive 98/69/EC M126, Annex I, paragraph 5 (Row A limits).2 Does not apply to vehicles approved to item 41.
3 Vehicles manufactured on or after 1st January 2006: Directive 70/220/EEC as last amended by Directive 98/69/EC Annex I, paragraph 5 (Row B limits).3 Modification of exhaust system length after the last silencer is permissible without any further test.
4 Vehicles manufactured on or after 1st January 2012: Regulation (EC) 715/2007, Annex I, Table 1.4 In the case of a completed vehicle, the requirements according to the category and date of completion of the base or incomplete vehicle based on maximum mass may apply.
5 Vehicles manufactured on or after 1st September 2016: Regulation (EC) 715/2007 Annex I, Table 2.5 An approval issued to the most representative base vehicle remains valid irrespective of change in the reference mass or aerodynamic performance.
6 Complete or completed vehicles manufactured after 1st December 2018 in the case of M1 vehicles and 1st December 2019 otherwise: the technical provisions of Annex XXI to Commission Regulation (EU) 2017/1151 (WLTP).

6 In the case of wheelchair accessible vehicles—

(a) the modification of the exhaust system is permitted without any further test provided the emission control devices including particulate filters (if any) are now not affected, and

(b) no new evaporative test is required on the modified vehicle on condition that the evaporative control devices are kept as fitted by the manufacturer of the base vehicle.

7 Diesel passenger vehicles manufactured before 1st January 2003 with a maximum permissible weight exceeding 2000kg, which have either more than 6 seats including the driver, or comply with the definition of an MIG (Off-Road vehicle as defined in Directive 2007/46/EC) are to be treated as a vehicle of category N1.
9 Braking
1 Vehicles manufactured on or after 1st October 1990: Directive 98/12/EC, Annex I, paragraph 2.1.1.3 (requirements for asbestos-free brake linings only).1 The requirements in column 1 for the driver to be able to operate the service braking system while keeping both hands on the steering control, and the secondary braking system while keeping at least one hand on the steering control, do not apply to a disabled person's vehicle, so long as the vehicle is adapted for a disabled driver to enable him to control the steering at all times while operating either braking system.
2 Vehicles manufactured on or after 1st April 1995: Directive 71/320/EEC, Annex I, paragraph 2.2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 Vehicles manufactured on or after 31st March 2001: Directive 71/320/EEC as last amended by Directive 98/12/EC, Annex I, paragraph 2 (all requirements) and Annex II.3 Evidence of compliance with column 1 remains valid where brake transmissions lines are repositioned.
13 Anti-Theft and Immobiliser
Vehicles manufactured on or after 1st October 1998: Directive 74/61/EEC, as last amended by Directive 95/56/EC, Annex V (electronic immobiliser), and Annex VI (alarm system).Immobilisers must be approved as part of the base vehicle or as a separate technical unit.1 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
Alarms must be approved as part of the base vehicle or as a separate technical unit.2 In the case of a panic alarm not forming part of an alarm system specified in column 1 the requirements of item 13 of Part 2 of this Schedule apply.
14 Protective Steering
Directive 74/297/EEC as last amended by Directive 91/662/EEC, Annex I, paragraphs 5 and 6.

1 This item does not apply to—

(a) vehicles complying with the requirements of item 53;

(b) vehicles of category N1 with a maximum permissible mass exceeding 1500kg.

2 The requirements of this item do not apply to a disabled persons' vehicle insofar as the adaptation prevents the vehicle from complying with any of the requirements of this item, except that this exemption does not apply where such adaptations can easily be removed, if necessary with the use of tools, and in which case evidence of compliance before the vehicle was adapted is required.
3 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
19 Seat Belt Anchorages
1 Directive 76/115/EEC as last amended by Directive 90/629/EEC M127, Annex 1, paragraphs 4 and 5.1 In the case of other special purpose vehicles, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
2 Vehicles manufactured on or after 29th April 2009: Directive 76/115/EEC as last amended by Directive 2005/41/EC.2 In the case of a disabled person's vehicle adapted by a person other than the base vehicle manufacturer, any seat belt anchorage points fitted by that person may comply instead with the requirements of item 19 of Part 2 of this Schedule.
3 In the case of a wheelchair accessible vehicle the requirements of this item are substituted by item 19 of Part 2 of this Schedule.
31 Seat Belts
1 Vehicles manufactured on or after 1st July 1997: Directive 77/541/EEC as last amended by Directive 90/628/EEC M128, Annex I, paragraphs 3.1 to 3.1.9 and 3.2.1 to 3.2.2.4.1 In the case of other special purpose, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
2 Vehicles manufactured on or after 1st October 1999: Directive 77/541/EEC as last amended by Directive 96/36/EC M129, Annex I, paragraphs 3.1 to 3.1.10, 3.1.11, 3.1.12 and 3.2.1 to 3.2.2.5.2 Seat belts which have been specially designed or adapted for use by an adult or young person suffering from some physical or mental impairment and intended for use solely by such person are exempt.
3 Vehicles manufactured on or after 29th April 2009: Directive 77/541/EEC as last amended by Directive 2005/40/EC.(Note: Seat belt anchorages for such belts must satisfy the requirements of item 19.)
3 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
41 Heavy Duty Emissions
1 Directive 88/77/EEC as last amended by Directive 91/542/EEC Row B limit values.1 Does not apply to vehicles approved to item 2.
2 Vehicles manufactured on or after 1st October 2001: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row A limit values.2 In the case of a completed vehicle the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 Vehicles manufactured on or after 1st October 2006: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B1 limit values.3 Modification of exhaust system length after the last silencer is permissible without any further test.
4 Vehicles manufactured on or after 1st October 2009: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B2 limit values.
5 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.
53 Frontal impact
Vehicles manufactured on or after 1st October 2003: Directive 96/79/EC, Annex II, paragraph 3.1 Category N1 vehicles and vehicles with a maximum mass exceeding 2500kg are exempt.
2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 For wheelchair accessible vehicles, and disabled person's vehicles, the vehicle is not required to comply in respect of an adaptation for a disabled person affecting the “frontal impact”. Evidence of compliance of the unadapted vehicle is required.
54 Side impact
Vehicles manufactured on or after 1st October 2003: Directive 96/27/EC M130, Annex II, paragraph 3.1 Does not apply to vehicles where the R point of the lowest seat is more than 700mm above the ground.
2 The requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 For wheelchair accessible vehicles, and disabled person's vehicles, the vehicle is not required to comply in respect of an adaptation for a disabled person affecting the “side impact”. Evidence of compliance of the unadapated vehicle is required.
69 Electrical Safety
Vehicle: The technical provisions of UNECE Regulation 100.01.

Marginal Citations

M123OJ No. L 371, 19.12.1992, p. 1.

M124OJ No. L 76, 6.4.1970, p. 1 (English special edition: Series I Volume 1970(I) P. 171).

M125OJ No. L 100, 19.4.1994, p. 42.

M126OJ No. L 350, 28.12.1998, p. 1.

M127OJ No. L 341, 6.12.1990, p. 14.

M128OJ No. L 341, 6.12.1990, p. 1.

M129OJ No. L 178, 17.7.1996, p. 15.

M130OJ No. L 169, 8.7.1996, p. 1.

PART 4U.K.Requirements for other vehicles

Commencement Information

I54Sch. 2 Pt. 4 in force at 1.9.2020, see reg. 1(b)

Column 1RequirementColumn 2Definitions and supplementary provisionsColumn 3Exemptions and modifications
1Noise

The technical provisions of Annex I to Directive 70/157/EEC as last amended by Directive 1999/101/EC,

or

for vehicles for which an approval or test report has been issued prior to modification of the exhaust system, a Stationary Noise Test is permitted.

A “Stationary Noise Test” means—

(a) a stationary test as defined in paragraphs 5.2.3.4.2 and 5.2.3.4.3 of Annex I to Directive 70/157/EEC with a noise limit value which must not exceed 99dB(A) at 0.5m, and

(b) in the case of vehicles having a maximum permissible mass exceeding 2800kg fitted with a modified air brake system, a test report in accordance with Annex 6 to UNECE Regulation 51 (except that this shall not apply if proprietary air brake silencers are fitted).

1 Does not apply to category O vehicles.
2 Directive 70/157/EEC, Annex I, paragraphs 5.3.1.1, 5.3.1.2 and 5.3.1.3 do not apply.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 If a vehicle is type approved in accordance with column 1 and the exhaust system is subsequently modified after the last silencer by not more than 2m in length, no further test is required.

5 In the case of a mobile crane, Directive 70/157/EEC as amended by Directive 1999/101/EC applies and for point 5.2.2.1 of Annex I the following limit values are applicable—

81 dB(A) for vehicles with an engine power of less than 75 kW;

83 dB(A) for vehicles with an engine power of not less than 75 kW but less than 150 kW;

84 dB(A) for vehicles with an engine power of not less than 150 kW.

2Light Duty Emissions
1 Directive 70/220/EEC as last amended by Directive 94/12/EC, Annex I, paragraph 5.“OBD” means On-Board Diagnostic systems as defined in paragraph 2.13 of Annex I to Directive 70/220/EEC or paragraph 9 of Article 3 to Regulation (EC) No 715/2007.1 Does not apply to category M3, N3 or O vehicles.
2 Vehicles manufactured on or after 1st January 2001: Directive 70/220/EEC as last amended by Directive 98/69/EC, Annex I.2 Vehicles of category M2 are excepted from the requirements of OBD.
3 Vehicles manufactured on or after 1st January 2006: Directive 70/220/EEC as last amended by Directive 98/69/EC Annex I, paragraph 5 (Row B limits).3 Does not apply to vehicles approved to item 41.
4 Vehicles manufactured on or after 1st September 2012: Regulation (EC) No 715/2007, Annex I, Table 1.4 Modification of exhaust system length after the last silencer is permissible without any further test.
5 Vehicles manufactured on or after 1st September 2016: Regulation (EC) No 715/2007, Annex I, Table 2.5 In the case of a completed vehicle, the requirements according to the category and date of completion of the base or incomplete vehicles based on maximum mass may apply.
6 Vehicles manufactured on or after 1st March 2020: Commission Regulation (EU) 2017/1151 (WLTP).6 An approval issued to the most representative base vehicle irrespective of change in reference weight or aerodynamic performance.
7 In the case of armoured vehicles exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3AFuel Tanks
1 The technical provisions of paragraphs 5 and 6 of Annex I to Directive 70/221/EEC as last amended by Directive 2006/20/EC.

In the case of fuel tanks other than tanks for gaseous fuels—

(a) tanks must comply with the requirements given in column 1 except that the approval or test report need not be for the same vehicle type, and

(b) modifications to the pipework or relocation of a tank excluding modification of the tank, the cap/filler device or the venting device, may be accepted by the approval authority.

2 For vehicles using gaseous fuels:

UNECE Regulation 67.01 for LPG,

UNECE Regulation 110 for CNG,

UNECE Regulation 115 for LPG or CNG retro-fit, or

the technical provisions of Regulation (EC) No 79/2009 or UNECE Regulation 134 for hydrogen.

3BRear Protective Devices
1 The technical provisions of paragraph 5 of Annex II to Directive 70/221/EEC as last amended by Directive 2006/20/EC.

“Installation Check” means a check to confirm that the rear protective device as a separate technical unit is of a type—

(a) for which an approval or test report has been issued, or

(b) which has been tested and witnessed by the approval authority, or

(c) for which calculations have been submitted to the satisfaction of the approval authority,

together with a visual inspection that the device has been correctly installed in accordance with the technical requirements in paragraph 1 of column 1.

The requirement in column 1 for a rear protective device does not apply to category O1 or O2 vehicles.
2 As an alternative to the installation requirements of paragraph 1 for a rear protective device fitted to a vehicle, an Installation Check.
4Rear Registration Plate Space

The technical provisions of Directive 70/222/EEC,

or

space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001.

5Steering Effort

The technical provisions of paragraphs 4 and 5 of Annex I to Directive 70/311/EEC as last amended by Directive 1999/7/EC,

or

in the case of a Manual or Power Assisted System, and where an approval or test report has been issued for that system prior to its modification, a test will be conducted to ensure no obvious defect or undue stiffness is evident.

“Manual or Power Assisted System” means: a system that will operate in the event of failure of any power supply or assistance.
6Door latches and Hinges
The technical provisions of Directive 70/387/EEC as last amended by Directive 2001/31/EC, Annex I, Paragraph 3, and where the maximum mass exceeds 7.5 tonnes, Annex III.
7Audible Warning

Component:

Directive 70/388/EEC as last amended by Directive 87/354/EC.

An “Installation Check” means a check for the presence and operation of the device.1 Does not apply to category M2, M3 or O vehicles.

Vehicle:

The technical provisions of paragraph 2 of Annex I to Directive 70/388/EEC as last amended by Directive 87/354/EC,

or

an Installation Check.

2 In the case of an armoured vehicle—

(a) exemption from one or more of the provisions in column 1 is permissible where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply, and

(b) additional panic alarm devices are permitted.

8Indirect Vision

Component:

Directive 2003/97/EC

“Installation Check” means a check that the devices required in column 1 are fitted, bear an appropriate approval mark, are securely attached to the vehicle so as to minimise the effects of vibration and that the field of view requirements are met.1 Does not apply to category O vehicles.

Vehicle:

1 The technical provisions of Directive 2003/97/EC Annex III.

2 Field of view requirements do not apply to optional mirrors.

2 N2 and N3 vehicles manufactured after 1st April 2016: the technical provisions of paragraph 15 of UNECE Regulation 46.04

or

an Installation Check.

3 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
5 The vehicle requirements in column 1 paragraph 2 do not apply to vehicles where any part of the Class V mirror is below 2.4m above the ground.
6 The requirements in column 1 paragraph 2 do not apply to vehicles where the incomplete vehicle is of a type that is type approved to Directive 2003/97/EC.
9Braking
1 The technical provisions of paragraph 2 of Annex I to Directive 71/320/EEC as last amended by Directive 98/12/EC and tests as defined in associated Annexes as may be applicable.A “Park Brake Test” means a test for category O2 and (if fitted) O1 trailers that the park brake meets the performance requirement of Directive 71/320/EEC, Annex II, paragraph 2.2.2.1 Does not apply to category O1 vehicles except where a braking system is fitted.

2 Category O2 trailers and O1 trailers fitted with an inertia type braking system may, as an alternative, comply with the following requirements—

(a) technical reports to Directive 71/320/EEC, Annex VIII, Appendix 2 and 3;

(b) a compatibility check to Annex VIII, Appendix 4;

(c) the requirements of Annex I, paragraphs 2.2.2.9 and 2.2.2.10;

(d) the technical requirements of Annex VIII, paragraphs 3.1, 3.2, 3.4 excluding drag force check;

(e) a visual assessment to Annex VIII, paragraphs 4.1, and of the first sentence of paragraph 4.2;

(f) a Park Brake Test.

2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to category of the base or incomplete vehicle based on maximum mass may apply.

4 In the case of a mobile crane with more than 4 axles derogations are permitted provided that—

(a) they are justified by the particular construction, and

(b) all the braking performances relating to parking, service and secondary braking are fulfilled.

10Electro-magnetic Compatibility

Component:

Directive 72/245/EEC as last amended by Directive 2006/28/EC.

“Installation Check” means a manufacturer's declaration that installed components are compliant with the requirements of column 1 and inspection of a sample of installed components as the approving authority deem necessary.

Vehicle:

The technical provisions of: Directive 72/245/EEC as last amended by Directive 2006/28/EC, section 6 of Annex I taking into consideration the exemptions in section 8 and tests specified in Annexes IV to X,

or

an Installation Check.

13Anti-Theft and Immobiliser
1 The technical provisions of Directive 74/61/EEC as last amended by Directive 95/56/EC.Immobilisers must be approved as part of the base vehicles or as a Separate Technical Unit.1 Does not apply to category O vehicles.

2 Optional panic alarm not forming part of an alarm system under paragraph 1 must comply with the following—

(a) the alarm signal must be audible and in additional may include optical alarm devices or be a radio alarm, or any combination of the above;

(b) the technical requirements of Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8.9, 9.1.2 to 9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive;

(c) unsetting the panic alarm must immediately cut the alarm signal.

Alarms, except those under column 1 paragraph 2, must be approved as part of the base vehicle or as a separate technical unit.2 The provisions of column 1 apply only to the extent that a device to prevent unauthorised use, immobiliser, alarm system or panic alarm is fitted.
An “Installation Check” means an inspection of installed components as the approving authority deems necessary, and in the case of an Immobiliser or Alarm system a completed installation certificate except that a panic alarm fitted in accordance with column 1, paragraph 2, a test report is required.3 In the case of devices to prevent unauthorised use, an immobiliser or alarm system the manufacturer may issue a declaration of the device(s) fitted and that they comply with column 1, and in such case an Installation Check will be conducted.
4 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
15Seat Strength
The technical provisions of Directive 74/408/EEC as last amended by Directive 2005/39/EC.1 Does not apply to category O vehicles.
2 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
4 The provisions of paragraph 2 of Article 1 to Directive 2005/39/EC do not apply.
5 The testing of seat anchorages need not be performed provided that the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of this item.
17Speedometer and Reverse Gear
The technical provisions of Directive 75/443/EEC as last amended by Directive 97/39/EC, Annex I and Annex II, paragraphs 4.1 and 4.2.1 Does not apply to category O vehicles.
2 This requirement does not apply to a vehicle fitted with a tachograph if the tachograph provides adequate visual indication of speed to the driver.
18Plates (statutory)
The technical provisions of Directive 76/114/EEC as last amended by Directive 78/507/EEC, and where the vehicle is the subject of a multi-stage build a plate is required on completion of each stage as appropriate.
19Seat Belt Anchorages
The technical provisions of Directive 76/115/EEC as last amended by Directive 2005/41/EC.1 Does not apply to category O vehicles.
2 Does not apply to category M2 (Class A, I or II) or M3 (Class A, I or II) vehicles except where seat belt anchorages are fitted.
3 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram or a sign with appropriate text.
4 In the case of a motor caravan, ambulance, or hearse, at least anchorages for lap belts are required for all rear seating positions.
5 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
6 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
7 Paragraph 5 of Annex I to Directive 76/115/EEC does not apply to a vehicle provided that the anchorages are designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of that paragraph.
20Installation of Lighting and Light Signalling Devices
The technical provisions of UNECE Regulation 48.03; and Dipped beam headlamps must be suitable for left hand rule of the road traffic.1 The requirements in column 1 are limited to the installation of approved components as appropriate to the location, of the requisite number, installed in the specified positions, with the required geometric visibility and that operate in accordance with the technical requirements in column 1.
2 In the case of a motor caravan, ambulance, hearse, armoured vehicle, mobile crane, or other special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply provided that all mandatory lighting devices are fitted and except in the case of a mobile crane, that the geometric visibility is not affected.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply to the cab.

4 Optional lamps meeting the technical requirements applicable to equivalent mandatory devices (except where specified otherwise) may be fitted, in addition to the mandatory and optional devices permitted by UNECE Regulation 48.03, as follows—

(a) two additional dipped beam headlamps forming a matched pair with electrical connections that permit only one pair to operate at any one time and fitted to—

(i) a vehicle intended for use in both left hand and right hand rule of the road traffic and in which case one pair must meet the requirements for right hand rule of the road traffic, or

(ii) a special purpose vehicle designed for use with equipment that may obstruct the mandatory devices and fitted at a height not exceeding 1800mm,

(b) any number of—

(i) front position lamps,

(ii) rear position lamps,

(iii) stop lamps of category S1 or S2,

(iv) end outline marker lamps,

(v) rear retro-reflectors, or

(vi) front retro-reflectors,

for which the requirements for position and geometric visibility do not apply, and

(c) two rear direction indicator lamps.

5 The mandatory requirements of UNECE Regulation 48.03, paragraph 6.18.1 do not apply to trailers constructed for the carriage and launching of boats.
6 Amber side marker lamps may be wired to flash, provided that this flashing is in phase and at the same frequency with the direction indicator lamps at the same side of the vehicle.
7 The requirement of paragraphs 6.5.4.2 and 6.5.5 of UNECE Regulation 48.03 do not apply to any optional rear direction indicator lamps.
21Retro Reflectors, Rear Marker Plates and Conspicuity Markings

1 For retro reflectors:

UNECE Regulation 3 or UNECE Regulation 150.

The fitting of conspicuity markings is optional for category M2, M3, O1 or O2 vehicles.

2 For conspicuity markings:

UNECE Regulation 104.

22End-outline, Front-Position (side), Rear-Position (side), Stop, Side Marker, Daytime Running Lamps
UNECE Regulation 7 or UNECE Regulation 148.
23Direction Indicators
UNECE Regulation 6 or UNECE Regulation 148.
24Rear registration Plate Lamps
UNECE Regulation 4 or UNECE Regulation 148.
25Headlamps (including bulbs)
UNECE Regulation 8, UNECE Regulation 20, UNECE Regulation 31, UNECE Regulation 98, UNECE Regulation 112, UNECE Regulation 123 or UNECE Regulation 149.Does not apply to category O vehicles.
25ACornering Lamps (where fitted)
UNECE Regulation 119 or UNECE Regulation 149.Does not apply to category O vehicles.
26Front Fog Lamps (where fitted)
UNECE Regulation 19 or UNECE Regulation 149.Does not apply to category O vehicles.
27Towing Hooks

The technical provisions of Annex II to Directive 77/389/EEC as last amended by Directive 96/64/EC,

or

an Installation Check.

“Installation Check” means a check to confirm the presence and that towing hooks are securely attached to major structural aspects of the vehicle.1 Does not apply to category O vehicles.
2 In the case of an armoured vehicle, mobile crane, or other special purpose vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3 In the case of a motor caravan, ambulance, or hearse, the requirements apply only to the front of the vehicle.
28Rear fog Lamps
UNECE Regulation 38 or UNECE Regulation 148.
29Reversing Lamps
UNECE Regulation 23 or UNECE Regulation 148.Does not apply to category O1 vehicles except where fitted.
30Parking Lamps (where fitted)
UNECE Regulation 7 or UNECE Regulation 148.Does not apply to category O vehicles.
31Seat Belts
The technical provisions of Directive 77/541/EEC as last amended by Directive 2005/40/EC.1 Does not apply to category O vehicles.
2 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements in column 1 do not apply to seats intended for use solely while the vehicle is stationary and any such seats must be clearly identified to users by means of a pictogram of a sign with appropriate text.
3 In the case of a motor caravan, ambulance, or hearse, at least lap belts are required for all rear seating positions.
4 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
5 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

6 Seat belts which have been specifically designed or adapted for use by an adult or young person suffering from some physical or mental impairment and intended for use solely by such person are exempt.

(Note: Seat belt anchorages for such belts must satisfy the requirements of item 19.)

7 Vehicles constructed or adapted for the secure transport of prisoners are required to be fitted with seat belts for the driver's and any front passenger's seat. Any other optional seat belts fitted must also comply.
8 A seat belt bearing an approval mark in accordance with column 1 may be fitted, whether or not the seat belt has been type approved for the anchorages to which it is fitted, provided that the seat belt complies with the installation requirements of column 1.
33Identification of Controls, Tell-tales and Indicators
The technical provisions of paragraph 5 of Annex I to Directive 78/316/EEC as last amended by Directive 94/53/EC.Does not apply to category O vehicles.
34Defrost/Demist
Vehicles shall be fitted with an adequate defrosting and demisting device.“Adequate” means: sufficiently effective to ensure adequate visibility through the windscreen under all conditions.Does not apply to category O vehicles.
35Wash/Wipe
Vehicles shall be fitted with adequate washing and wiping devices.“Adequate” means: sufficiently effective to ensure adequate visibility through the windscreen under all conditions.Does not apply to category O vehicles.
36Heating Systems (if fitted)
1 The technical provisions of: Directive 2001/56/EC as last amended by Directive 2006/119/EC, paragraph 3 of Annex II, and Annexes III, VII and VIII.“Installation Check” means an inspection to confirm compliance with the installation requirements of column 1.

2 Combustion heaters:

the provision of paragraph 1 may be met by an approval or test report for the device and an Installation Check.

41Heavy Duty Emissions
1 Directive 88/77/EEC as last amended by Directive 91/542/EEC Row B limit values.1 Does not apply to category O vehicles.
2 Vehicles manufactured on or after 1st October 2001: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row A limit values.2 N2 vehicles with reference mass not exceeding 2610kg manufactured after 1st January 2012 must comply with Regulation (EC) No 715/2007.
3 Vehicles manufactured on or after 1st October 2006; Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B1 limit values.3 Does not apply to vehicles approved under item 2.
4 Vehicles manufactured on or after 1st October 2009: Directive 88/77/EEC as last amended by Directive 1999/96/EC Row B2 limit values.4 Modification of exhaust system length after the last silencer is permissible without any further test.
5 Complete or completed vehicles manufactured on or after 1st September 2018: Regulation (EC) No 595/2009 Annex I limit values.5 In the case of a completed vehicle, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

6 In the case of—

(a) mobile cranes which have an engine meeting the technical requirements of Regulation (EU) No 2016/1628, or

(b) vehicles designed to tow combinations exceeding 200 tonnes which have an engine meeting the technical requirements of Regulation (EU) No 2016/1628,

compliance with Regulation (EU) No 2016/1628 can be accepted.

42Lateral Protection (Side Guards)
The technical provisions of paragraphs 1 to 4 of Directive 89/297/EEC.1 Does not apply to category M2, M3, O1 or O2 vehicles.
2 Tests are not required where the device is designed to meet the strength characteristics specified in column 1.
43Spray Suppression Systems

Component:

Directive 91/226/EEC

“Installation Check” means a check to confirm that approved devices are fitted and installed in accordance with the directive.1 Does not apply to category M2, M3, O1 or O2 vehicles or to category N2 vehicles with a maximum mass not exceeding 7.5 tonnes.

Vehicle:

The technical provisions of Directive 91/226/EEC,

or

an Installation Check

2 Except where fitted, the requirements do not apply to off-road vehicles as defined in Directive 2007/46/EC, or vehicles in which the presence of spray-suppression devices is incompatible with their use.
45Safety Glass

Component:

UNECE Regulation 43.00.

1 UNECE Regulation 43.00, Annex 21, paragraphs 4.1.2 and 4.1.3 do not apply provided that driver's forward vision is not distorted and that light transmission of at least 70% is maintained.

Vehicle:

The technical provisions of UNECE Regulation 43.00, Annex 21.

2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
3 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements for all window glazing, other than the driver's cab glazing (windshield and side glazing), the material may be either safety glass or rigid plastic glazing.
4 This item does not apply to armoured vehicles.
46Tyres

Component:

Directive 92/23/EEC as last amended by Directive 2005/11/EC.

“Installation Check” means a check to ensure that all tyres (except those that are not accessible) are marked in accordance with the directive including the appropriate speed and load ratings for their particular axle locations and the intended use of the vehicle.1 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.

Vehicle:

The technical provisions of: Directive 92/23/EEC as last amended by Directive 2005/11/EC,

or

an Installation Check

2 In the case of an armoured vehicle, or mobile crane, save as required by paragraph 3, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3 In the case of a mobile crane the provision in paragraph 2 above applies on condition that the requirements in ISO 10571 – 1995 (E) or ETRTO Standards Manual 1998 are fulfilled.
47Speed Limiters

Component:

Directive 92/24/EC as last amended by Directive 2004/11/EC.

“Installation Check” means a check for presence, component approval markings and the set speed which must be indicated on a place in a conspicuous position in the driver's compartment.Does not apply to category O vehicles.

Vehicle:

The technical provisions of: sections 1, 2 and 7 of Annex I to Directive 92/24/EC as last amended by Directive 2004/11/EC,

or

an Installation Check.

48Masses and Dimensions
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.1 Directive 97/27/EC, Annex I, paragraphs 7.3.3, 7.5, 7.9, 7.10 and 7.11 do not apply. In the case of a vehicle of category M2 or M3 paragraph 7.3.3 is substituted by “maximum height 4.57m”.
2 Trailers for abnormal indivisible loads of exceptional length are exempt from Annex I, paragraph 7.3.1.

3 In the case of a semi-trailer which is designed to carry at least two other wheeled vehicles, in Annex I—

(a) paragraph 7.3.1.4.1 is to be read as though, for “the limit laid down in section 1.6 of Annex I to Directive 96/53/EC”, there were substituted “ 12.5m ”,

(b) paragraph 7.3.1.4.2 is to be read as though, for “2,04 m as per section 4.4 of Annex I to Directive 96/53/EC”, there were substituted “ 4.19m ”.

4 Exemption from Annex I, paragraph 7.6:

abnormal indivisible load vehicle,

a semi-trailer low loader, or

a semi-trailer step-frame low loader.

5 In the case of a semi-trailer being a trailer designed to carry at least two other wheeled vehicles, Annex I, paragraph 7.6 applies save that any part of the semi-trailer forward of the transverse plane passing through the king pin may be ignored.
6 Vehicles complying with the Road Vehicles (Authorisation of Special Types)(General) Order 2003 or the Motor Vehicles (Authorisation of Special Types) Order (Northern Ireland) 1997 are exempt from any of the provisions in column 1 which they are unable to comply with due to their special purpose.

7 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.1, the items specified also include—

(a) any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between the trailer and a motor vehicle constructed for that purpose and to which the trailer is designed to be attached such that vehicles carried on it may be moved from the trailer to the motor vehicle or more the motor vehicle to the trailer;

(b) any part of a trailer designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part.

8 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.2, the items specified shall also include safety railings mounted on a vehicle designed to carry at least two other wheeled vehicles, provided that the safety railings are more than 2m above the ground and the overall width including safety railings does not exceed 2.70m.
9 In paragraph 7.4.3.3.1 of Annex I to Directive 97/27/EC, for the mass representing a wheelchair and user of 250kg substituted 100kg.
10 Directive 97/27/EC, Annex I, paragraph 7.6 does not apply to a motor vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4 metres.
49External Projection of Cabs
The technical provisions of: sections 3 and 4 of Annex I to Directive 92/114/EEC.1 Does not apply to category M2, M3 or O vehicles.
2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
50Couplings (if fitted)

Component:

Directive 94/20/EC

“Installation Check” means: confirmation that the components meet the technical requirements of column 1 and are appropriately “e” / “E” [F148or “g” / “n”] marked and securely installed in accordance with supporting information provided by the vehicle manufacturer.1 For the purpose of Directive 94/20/EC, Annex VII, paragraph 1.1, vehicles fitted with Class A couplings shall be assumed to tow a mass of 3500kg.

Vehicle:

The technical provisions of: Annex VII to Directive 94/20/EC,

or

an Installation Check.

2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
51Flammability

The technical provisions of Directive 95/28/EC, section 7 of Annex I,

or

an Installation Check.

“Installation Check” means a manufacturer's declaration of compliance with supporting documentary evidence and inspection compliance checks as may be necessary.1 Does not apply to category M2, N2, N3 or O vehicles.
2 Column 1 does not apply to category M3 vehicles except vehicles of Class III as defined in Directive 2001/85/EC.
3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass shall apply to the cab.
52Buses and Coaches
1 All vehicles: The technical provisions of UNECE Regulation 107.02 excluding Annex 8.“Vehicle of Class IIIS” means a vehicle of Class III specially designed for the carriage of school children;1 Does not apply to category N2, N3 or O vehicles.
2 Vehicles of Class I: The technical provisions of UNECE Regulation 107.02, Annex 8.“Table 2” means the table at the end of this Part.2 Does not apply to vehicles for the secure transport of persons.

3 Vehicles other than Class 1—

(a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02;

(b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.

3 Vehicles of Class I, II or III: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.14 the upper deck gangway must be connected by one or more intercommunication staircases to the access passageway of a service door or to the lower deck gangway within 3m of a service door.
4 Vehicles of Class A or B: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.11.3.1 a vehicle may be fitted with handrails or handholds on at least one side and in the case of double doors this requirement may be met by a central stanchion or handrail.
5 Vehicles of Class I, as an alternative to column 1, paragraph 2, may comply with the Public Service Vehicles (Accessibility) (Northern Ireland) Regulations 2003, Schedules 1 and 2.
6 Requirements that are not compatible with the intended use do not apply to vehicles containing seating for use only while the vehicle is stationary.
7 In the case of armoured vehicles, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.

8 In the case of a vehicle of Class IIIS, Annex 3 to UNECE Regulation 107.02 is amended as follows—

(a) for “225m” in paragraphs 7.7.8.1.1.2 and 7.7.8.1.2.2 substitute “200mm”,

(b) for “680mm” in paragraph 7.7.8.4.1 substitute “650mm”, and

(c) for “400mm” in paragraph 7.7.8.2.2 substitute “350mm”.

9 Paragraph 7.4 of Annex 3 to UNECE Regulation 107.02 does not apply to—

(a) a vehicle of Class B fitted with no more than 16 passenger seats, or

(b) any other single deck vehicle fitted with a vehicle stability function for which an approval has been issued in accordance with UNECE Regulation 13.11.

10 Vehicles of Class A & B: The frontal barrier collision test in 7.6.7.2 of Annex 3 to UNECE Regulation 107.02 does not apply to a vehicle in which all passengers have access to at least two doors, being either a service door or an emergency door, one of which is not a sliding door.
11 A door other than a service door, may be fitted to the offside of a vehicle.

12 UNECE Regulation 107.02, Annex 3, paragraph 7.6.7.6. In the case of—

(a) manually operated sliding door fitted with a slam lock of the two stage type, the activation of the device may be by movement of the door itself;

(b) a nearside rear door forming part of a pair of doors fitted at the rear of the vehicle, the requirements do not apply if that door is capable of being held securely closed by the other door of that pair.

13 Vehicles of Class I, II or III may, as an alternative to the table in UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.1, meet the requirements of Table 2.
14 Vehicles of Class B fitted with more than one wheelchair space: in the case of a second and subsequent wheelchair spaces, the space must not be less than 700mm wide and 1200mm long.
15 The test requirements of paragraph 3.8 of Annex 8 to UNECE Regulation 107.02 do not apply if the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of those paragraphs.
57Front Underrun Protection
1 The technical provisions of section 3 of Annex II to Directive 2000/40/EC.“Installation Check” means a check to confirm that the device is approved or of the type tested and has been correctly installed.Does not apply to category M2, M3 or O vehicles.

2 A device for which an approval or test report has been issued or a test has been witnessed by the approval authority with respect to the requirements of paragraph 1 or 2,

and

an Installation Check.

65AEBS
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
2 A complete vehicle which was manufactured before 1st September 2018.
3 A completed vehicle where the complete or incomplete vehicle upon which it is based has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension; and was manufactured before 1st November 2020.
4 A complete vehicle which has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension; and which was manufactured before 1st November 2020.
5 The exemptions listed in Article 1 of Regulation EU No 347/2012.
6 Completed vehicles based on a complete or incomplete vehicle of category N1 or M1.
7 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
66LDWS
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
2 A complete vehicle which was manufactured before 1st September 2018.
3 The exemptions listed in Article 1 of EU Regulation No 351/2012.
4 Completed vehicles based on a complete or incomplete vehicle of category N1 or M1.
5 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
69Electrical Safety

Vehicle:

The technical provisions of UNECE Regulation 100.01.

Textual Amendments

The following table may be used as an alternative to the Table 7.6.1.1 in Annex 3 of UNECE Regulation 107.02 (minimum number of service doors).

Table 2

1 Indicates that the requirement differs from that of UNECE Regulation 107.02.

Number of passengersNumber of Service Doors
Class I and AClass IIClass III and B
9 - 45111
46 - 70211
71 - 1002121
> 100431

Regulations 23 and 26

SCHEDULE 3U.K.Alternative requirements for the purposes of regulations 23 and 26

1.—(1) For the purposes of regulations 23 and 26, the alternative conditions apply if either of the cases specified in paragraph 2 applies.U.K.

(2) The alternative conditions are that—

(a)where—

(i)(in the case of a large trailer) the application for consent, or

(ii)(in the case of a small trailer) the supply,

is in consequence of the importation of the trailer from a place outside the United Kingdom, any value added tax or customs duty charged on or arising from its removal into the United Kingdom has been or will be paid or remitted, and

(b)there is otherwise no lawful reason (whether or not arising from a breach of these Regulations) for refusing to give consent.

Commencement Information

I55Sch. 3 para. 1 in force at 1.9.2020, see reg. 1(b)

2.  The cases are as follows—U.K.

(a)Case 1—

(i)the trailer is manufactured in one stage, and

(ii)its manufacture is completed not later than 29th July 2012;

(b)Case 2—

(i)the trailer is manufactured in more than one stage, and

(ii)its manufacture is completed not later than 29th July 2013.

Commencement Information

I56Sch. 3 para. 2 in force at 1.9.2020, see reg. 1(b)

3.  The alternative information for the purposes of regulation 26 is—U.K.

(a)the name and address and (if any) the company registration number of the manufacturer,

(b)the manufacturer's designation (make and model) of the trailer,

(c)the month and year when manufacture of the vehicle was completed,

(d)the vehicle identification number (VIN),

(e)the date of supply, and

(f)the name and address of the purchaser.

Commencement Information

I57Sch. 3 para. 3 in force at 1.9.2020, see reg. 1(b)

Regulation 29(1)

SCHEDULE 4U.K.Offences, penalties, enforcement and other matters

PART 1U.K.Offences

Offences and defencesU.K.

1.—(1) A person commits an offence if—

(a)that person supplies a recordable trailer,

(b)the trailer is supplied for use on a road, and

(c)none of the conditions specified in sub-paragraph (2) is met.

[F149(2) The specified conditions are that—

(a)where the trailer is to be kept or normally kept at a place in Great Britain, one of the following has effect with respect to the trailer—

(i)a certificate of conformity issued under regulation 16(7) relating to—

(aa)a GB small series type-approval,

(bb)a UK (NI) national small series type-approval, or

(cc)a national small series type-approval issued by the Secretary of State before IP completion,

(ii)an individual vehicle approval issued under regulation 27(10) of the Road Vehicle (Approval) Regulations 2009 or regulation 18(10) of these Regulations, whether that approval—

(aa)is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb)is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii)a GB certificate of conformity issued in relation to a GB type-approval,

(iv)an EU certificate of conformity issued in relation to an EU type-approval granted by the Secretary of State under the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(v)an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as implemented in the law of that member State, provided that the trailer to which the approval relates—

(aa)was in the United Kingdom before 1st January 2023, or

(bb)is a qualifying Northern Ireland good, or

(vi)a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

(b)where the trailer is to be kept, or normally kept at a place in Northern Ireland, one of the following has effect with respect to the trailer—

(i)a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

(ii)an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State.]

(3) A person commits an offence if, at a time when there is no relevant consent in effect with respect to a large trailer, that person—

(a)supplies that large trailer for use on a road,

(b)uses that large trailer on a road, or

(c)causes or permits that large trailer to be used on a road.

(4) A person commits an offence if that person contravenes any requirement in paragraph (1) or (3) of regulation 25.

(5) A person commits an offence if that person—

(a)contravenes any other prohibition in these Regulations, the Type Approval Regulation [F150, the EU Type Approval Regulation] or the legislation listed in Schedule 5, or

(b)fails to comply with any requirement or obligation in these Regulations, the Type Approval Regulation [F151, the EU Type Approval Regulation] or the legislation listed in Schedule 5.

[F152(5A) It is a defence for a person charged with an offence under sub-paragraph (1), to show that, at the time when the trailer was supplied—

(a)if the condition in sub-paragraph (2)(a) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Great Britain, or

(b)if the condition in sub-paragraph (2)(b) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Northern Ireland.

(5B) It is a defence for a person charged with an offence under sub-paragraph (3), to show that, at the time when the trailer was supplied or used, as the case may be, a goods vehicle test certificate issued under the following Regulations was in force in relation to the trailer—

(a)the Goods Vehicle (Plating and Testing) Regulations 1988, in the case of a trailer being used in Great Britain without a relevant consent, or

(b)the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003, in the case of a trailer being used in Northern Ireland without a relevant consent.]

(6) It is a defence for a person charged with an offence under sub-paragraph (3)(b) or (c) to show that—

(a)the trailer is an incomplete vehicle, is not carrying goods and is being towed to a place where a further stage of manufacture is to take place,

(b)the trailer is to be exported and is being towed to a place from where it is to be taken out of the United Kingdom,

(c)the trailer is being used solely for the purpose of—

(i)submitting it (by previous arrangement at a specified time) for a statutory inspection or test, or

(ii)bringing it away from any such inspection or test, or

(d)the trailer is operated from a base in a country outside the United Kingdom and either—

(i)the trailer is registered in that country, or

(ii)it is shown that the trailer has its principal base there.

(7) It is a defence for a person charged with an offence under sub-paragraph (1) or (3)(a) to show that, at the time when the trailer was supplied, there was reasonable cause to believe that the trailer would not be used on a road otherwise than in circumstances specified in sub-paragraph (6)(a), (b), or (c).

(8) For the purposes of this paragraph, a trailer is a recordable trailer if it is a relevant vehicle other than—

(a)a trailer falling within regulation 25(2)(a) or (b), or

(b)a trailer to which the alternative conditions in Schedule 3 apply.

(9) In this paragraph—

“relevant consent” means consent given under regulation 23(3);

“relevant vehicle” has the meaning given in regulation 23(8);

“statutory inspection or test” means an inspection or test carried out under or pursuant to—

(a)

the Type Approval Regulation,

(ab)

[F153the EU Type Approval Regulation,]

(b)

these Regulations,

(c)

the Goods Vehicles (Plating and Testing) Regulations 1988, or

(d)

the Goods Vehicles (Testing) Regulations (Northern Ireland) 2003.

Textual Amendments

Commencement Information

I58Sch. 4 para. 1 in force at 1.9.2020, see reg. 1(b)

Offences by bodies corporate and partnershipsU.K.

2.—(1) If an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, or a person purporting to act as an officer of the body corporate, that officer or person (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, sub-paragraph (1) applies in relation to the acts and omissions of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

(3) If an offence under these Regulations is—

(a)committed by a Scottish partnership, and

(b)proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner of the partnership,

the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.

(4) In this paragraph “officer” in relation to a body corporate means a director, secretary or other similar officer of the body corporate.

Commencement Information

I59Sch. 4 para. 2 in force at 1.9.2020, see reg. 1(b)

PART 2U.K.Penalties

Criminal penaltiesU.K.

3.—(1) A person who commits an offence under these Regulations is punishable on summary conviction—

(a)in England and Wales by a fine or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both, or

(b)in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both.

(2) But an offence is not punishable under this paragraph if—

(a)the enforcement authority has required a person to pay a penalty in respect of that offence under paragraph 4, and

(b)that penalty has been paid to the enforcement authority.

Commencement Information

I60Sch. 4 para. 3 in force at 1.9.2020, see reg. 1(b)

Civil penaltiesU.K.

4.—(1) The enforcement authority may require a person to pay a penalty if the enforcement authority is satisfied, on a balance of probabilities, that the person has committed an offence mentioned in paragraph 1(1), (3), (4) or (5).

(2) But the enforcement authority may not require a person to pay a penalty if—

(a)the person shows that there was a reasonable excuse for committing the offence, or

(b)criminal proceedings have been instituted against the person in respect of the same offence.

(3) A penalty imposed under this paragraph may not exceed £50,000 per offence.

(4) The penalty is payable to the enforcement authority on demand.

Commencement Information

I61Sch. 4 para. 4 in force at 1.9.2020, see reg. 1(b)

Notification of penalty decisionU.K.

5.—(1) If the enforcement authority decides to require a person to pay a penalty under these Regulations, the enforcement authority must give the person a penalty notice.

(2) A penalty notice must—

(a)be in writing,

(b)state the enforcement authority's reasons for deciding to require the person to pay a penalty,

(c)state the amount of the penalty,

(d)specify the date on which it is given,

(e)specify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(f)specify how a penalty must be paid,

(g)include an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the enforcement authority), and

(h)include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

Commencement Information

I62Sch. 4 para. 5 in force at 1.9.2020, see reg. 1(b)

Objection to penalty decisionU.K.

6.—(1) The recipient of a penalty notice (the “recipient”) may object to the penalty notice by giving a notice of objection to the enforcement authority.

(2) A notice of objection must—

(a)give the reasons for the objection,

(b)be given to the enforcement authority in the manner and form specified in the penalty notice, and

(c)be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

(3) Where the enforcement authority receives a notice of objection, the enforcement authority must consider it and—

(a)cancel the penalty,

(b)reduce the penalty,

(c)increase the penalty, or

(d)determine not to alter the penalty.

(4) After reaching a decision as to how to proceed under sub-paragraph (3), the enforcement authority must notify the recipient of the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the enforcement authority may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying the recipient that the enforcement authority has decided to cancel the penalty, must—

(a)state the amount of the penalty following the enforcement authority's consideration of the notice of objection,

(b)state the enforcement authority's reasons for the decision under sub-paragraph (3),

(c)specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

(d)specify how the penalty must be paid,

(e)include an explanation of the recipient's rights of appeal, and

(f)include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

(7) A notification under sub-paragraph (4) notifying the recipient that the enforcement authority has decided to cancel the penalty must state the enforcement authority's reasons for the decision under sub-paragraph (3).

Commencement Information

I63Sch. 4 para. 6 in force at 1.9.2020, see reg. 1(b)

Civil penalties: appealsU.K.

7.—(1) A person (the “appellant”) may appeal to the court against a decision to require the person to pay a penalty under these Regulations.

(2) An appeal may be brought only if the appellant has given a notice of objection and the enforcement authority has—

(a)reduced the penalty under paragraph 6(3)(b),

(b)increased the penalty under paragraph 6(3)(c), or

(c)determined not to alter the penalty under paragraph 6(3)(d).

(3) An appeal must be brought within the period of 28 days beginning with the date on which the person is notified of the enforcement authority's decision on the notice of objection under paragraph 6(4).

(4) On appeal, the court may—

(a)allow the appeal and cancel the penalty,

(b)allow the appeal and reduce the penalty, or

(c)dismiss the appeal.

(5) An appeal—

(a)is to be a re-hearing of the enforcement authority's decision to impose a penalty, and

(b)may be determined having regard to matters of which the enforcement authority was unaware.

(6) Sub-paragraph (5)(a) has effect despite any provision of rules of court.

(7) In this paragraph, a reference to “the court” is a reference—

(a)in England and Wales, to the county court,

(b)in Scotland, to the sheriff, and

(c)in Northern Ireland, to a county court.

(8) But—

(a)the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court, and

(b)the sheriff may transfer proceedings under this paragraph to the Court of Session.

Commencement Information

I64Sch. 4 para. 7 in force at 1.9.2020, see reg. 1(b)

PART 3U.K.Enforcement and other matters

Enforcement of penalty decisionU.K.

8.—(1) This paragraph applies where a sum is payable to the enforcement authority as a penalty under these Regulations.

(2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5) Where action is taken under this paragraph for the recovery of a sum payable as a penalty under these Regulations, the penalty is—

(a)in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 M131 (register of judgments and orders etc.) as if it were a judgment entered in the county court;

(b)in relation to Northern Ireland, to be treated for the purposes of article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 M132 (register of judgments) as if it were a judgment in respect of which an application has been accepted under article 22 or 23(1) of that Order.

Commencement Information

I65Sch. 4 para. 8 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M1312003 c.39; section 98 has been amended by sections 48(1) and 106(2) of, and paragraph 55(1), (2), (3)(a) and (b) of Schedule 8 and paragraph 15 of Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c.15) and section 17(5) of, and paragraph 40(a) and (c) of Part 2 of Schedule 9 to, the Crime and Courts Act 2013 (c.22). Further amendments made by the Tribunals, Courts and Enforcement Act 2007 have yet to be brought into force.

Obstruction of officers and false statementsU.K.

9.—(1) A person must not—

(a)intentionally obstruct an officer when acting in pursuance of any provision of these Regulations,

(b)intentionally fail to comply with any requirement properly made by an officer under any provision of these Regulations, or

(c)without reasonable cause, fail to give an officer any other assistance or information which the officer may reasonably require of that person for the purposes of the exercise of the officer's functions under any provision of these Regulations.

(2) A person must not, in giving any information which is required of that person by virtue of sub-paragraph (1)(c)—

(a)make any statement which the person knows is false in a material particular, or

(b)recklessly make a statement which is false in a material particular.

Commencement Information

I66Sch. 4 para. 9 in force at 1.9.2020, see reg. 1(b)

Powers of search, etc.U.K.

10.—(1) Officers may exercise any of the powers set out in sub-paragraph (2) at all reasonable hours provided the officers—

(a)identify themselves and produce authority in writing from the enforcement authority for the exercise by the officers of powers conferred on the authority by these Regulations, and

(b)state the purpose of the officers' actions and the grounds for undertaking them.

(2) The powers referred to in sub-paragraph (1) are as follows—

(a)an officer may for the purpose of ascertaining whether an offence under these Regulations has been committed—

(i)inspect any relevant products, and

(ii)enter any premises other than premises used wholly or mainly as a dwelling;

(b)if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may, for the purpose of ascertaining whether it has been committed, require any person carrying on, or employed in connection with, a business to produce any records relating to the relevant products and the officer may take copies of those records or any part of them;

(c)if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may seize and detain any relevant products for the purpose of ascertaining whether the offence has been committed;

(d)an officer may seize and detain any relevant products or records which the officer has reason to believe may be required as evidence in proceedings for an offence under these Regulations;

(e)an officer may, for the purpose of exercising the officer's powers of seizure under this sub-paragraph, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of these Regulations are duly observed, require any person having authority to do so to open any container and, if that person does not comply with the requirement or if there is no person present having authority to open it, the officer may break open the container.

(3) For the purposes of sub-paragraph (2), the officer may require information stored electronically to be made available in printed form.

(4) An officer may, for the purpose of ascertaining whether an offence has been committed under these Regulations, make a purchase of relevant products.

(5) If a justice is satisfied by any written information on oath—

(a)that there are reasonable grounds for believing either—

(i)that any relevant products or records, which an officer has power under this paragraph to inspect, copy, seize or require to be produced, is or are on any premises and that the inspection, copying, seizure or production of that item is likely to disclose evidence of the commission of an offence under these Regulations, or

(ii)that any offence under these Regulations has been, is being, or is about to be committed on any premises, and

(b)either—

(i)that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier, or

(ii)that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier's return,

the justice may by warrant under the justice's hand, which continues in force for a period of one month, authorise an officer to enter the premises, if need be by force.

(6) On entering any premises by authority of a warrant granted under sub-paragraph (5), an officer must, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises, or an appropriate part of the premises, a notice in writing—

(a)summarising an officer's powers of seizure and detention of any relevant products or records under this paragraph,

(b)explaining that compensation may be payable for damage caused in entering premises and seizing and removing any relevant products or records and giving the address to which an application for compensation should be directed, and

(c)indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.

(7) An officer, when entering any premises by virtue of this paragraph, may be accompanied by such persons and take such equipment as appear to the officer to be necessary.

(8) An officer, when leaving any premises which the officer entered by virtue of a warrant, must, if the premises are unoccupied or the occupier is temporarily absent, leave them in as secure a state as that in which they were found.

(9) When exercising any power of seizure and detention under this paragraph, an officer must, as soon as practicable, give to the person against whom the power has been exercised, a written notice stating—

(a)precisely what has been so seized and detained,

(b)that an application for the release of a detained item may be made in accordance with paragraph 12 of this Schedule, and

(c)the procedure for making such an application.

(10) A person who is not an officer of the enforcement authority must not purport to act as such under this paragraph.

(11) In sub-paragraph (5), the reference to “any written information on oath” is to be construed, in the application of this paragraph to—

(a)Scotland, as a reference to any evidence on oath;

(b)Northern Ireland, as a reference to any complaint on oath.

(12) In this paragraph, “justice” means—

(a)in England and Wales, a justice of the peace,

(b)in Scotland, a sheriff or summary sheriff, and

(c)in Northern Ireland, a lay magistrate.

Commencement Information

I67Sch. 4 para. 10 in force at 1.9.2020, see reg. 1(b)

Powers of customs officers to detain goodsU.K.

11.—(1) An Officer of Revenue and Customs may, for the purpose of facilitating the exercise by the enforcement authority, or duly authorised officer of the authority, of any powers conferred on the authority or officer by these Regulations seize any imported relevant products or any records, and detain them for not more than two working days.

(2) Anything seized and detained under this paragraph must be dealt with during the period of its detention in such manner as the Commissioners for Her Majesty's Revenue and Customs may direct.

(3) An Officer of Revenue and Customs seizing any relevant products or records under this paragraph must inform the person from whom they are seized that such relevant products or records have been seized.

(4) In sub-paragraph (1) the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M133 in the part of the United Kingdom where the goods are seized.

Commencement Information

I68Sch. 4 para. 11 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Applications for the release of detained itemsU.K.

12.—(1) Any person having an interest in any relevant products or records detained for the time being under paragraph 10 may apply for an order requiring any item so detained to be released to the applicant or another person.

(2) An application under this paragraph may be made—

(a)to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item,

(b)where no such proceedings have been so brought, by way of complaint to a magistrates' court, or

(c)in Scotland, by summary application to the sheriff.

(3) A magistrates' court or the sheriff must not make an order under sub-paragraph (1) unless the court or sheriff is satisfied that—

(a)proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item or, having been brought, have been concluded, and

(b)where no such proceedings have been brought, more than six months have elapsed since the seizure was carried out.

(4) Any person aggrieved by an order made under this paragraph by a magistrates' court or sheriff, or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the Crown Court,

(b)in Scotland, to the Sheriff Appeal Court as though it were an appeal under section 110(1) of the Courts Reform (Scotland) Act 2014 M134, or

(c)in Northern Ireland, to a county court.

(5) In England and Wales or in Northern Ireland, an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 M135 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 M136 (statement of case)).

Commencement Information

I69Sch. 4 para. 12 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Compensation for seizure and detentionU.K.

13.—(1) Where an officer exercises any power under paragraph 10 to seize and detain any relevant products or records, the enforcement authority is liable to pay compensation to any person having an interest in the item seized and detained in respect of any loss or damage caused by the exercise of the power if—

(a)there has been no contravention of any provision of these Regulations, and

(b)the exercise of the power is not attributable to any neglect or default by that person.

(2) Any disputed question as to the right to, or the amount of, any compensation payable under this paragraph must be determined by arbitration—

(a)in England and Wales or Northern Ireland, in accordance with the Arbitration Act 1996 M137, or

(b)in Scotland, in accordance with the Arbitration (Scotland) Act 2010 M138.

Commencement Information

I70Sch. 4 para. 13 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Recovery of the expenses of enforcementU.K.

14.—(1) This paragraph applies where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any relevant products or records.

(2) The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse the enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the relevant products or records.

Commencement Information

I71Sch. 4 para. 14 in force at 1.9.2020, see reg. 1(b)

Power of the Commissioners for Her Majesty's Revenue and Customs to disclose informationU.K.

15.—(1) If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) applies of any functions conferred on that person by any provisions of these Regulations, the Commissioners for Her Majesty's Revenue and Customs may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported goods.

(2) This sub-paragraph applies to the enforcement authority and to any officer authorised by the enforcement authority.

(3) A disclosure of information made to any person under sub-paragraph (1) must be made in such manner as may be directed by the Commissioners for Her Majesty's Revenue and Customs and may be made through such persons acting on behalf of that person as may be so directed.

(4) Information may be disclosed to a person under sub-paragraph (1) whether or not the disclosure of the information has been requested by or on behalf of that person.

Commencement Information

I72Sch. 4 para. 15 in force at 1.9.2020, see reg. 1(b)

Savings for certain privilegesU.K.

16.  Nothing in these Regulations is to be taken as requiring any person—

(a)to produce any records if that person would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, a claim of confidential communications, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled, or

(b)to answer any question or give any information if to do so would incriminate that person or that person's spouse or civil partner.

Commencement Information

I73Sch. 4 para. 16 in force at 1.9.2020, see reg. 1(b)

Savings for civil rightsU.K.

17.  A contract for the supply of relevant products is not void or unenforceable by reason only of a contravention of any provision of these Regulations.

Commencement Information

I74Sch. 4 para. 17 in force at 1.9.2020, see reg. 1(b)

Regulation 29(1)

SCHEDULE 5U.K.Other legislation for which penalties are applied

1.  Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability M139.U.K.

Commencement Information

I75Sch. 5 para. 1 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M139OJ No. L 310, 25.11.2005, p.10, as last amended by Commission Directive 2009/1/EC (OJ No. L 9, 14.1.2009, p.31).

2.  Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles M140.U.K.

Commencement Information

I76Sch. 5 para. 2 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M140OJ No. L 161, 14.6.2006, p.12.

3.  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information M141.U.K.

Commencement Information

I77Sch. 5 para. 3 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M141OJ No. L 171, 29.6.2007, p.1, as last amended by Commission Regulation (EU) No. 459/2012 (OJ No. L 142, 1.6.2012, p.16).

4.  Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users M142.U.K.

Commencement Information

I78Sch. 5 para. 4 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M142OJ No. L 35, 4.2.2009, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ No. L 158, 10.6.2013, p.1).

5.  Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles M143.U.K.

Commencement Information

I79Sch. 5 para. 5 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M143OJ No. L 35, 4.2.2009, p.32, as last amended by Regulation (EU) 2019/1243 (OJ No. L 198, 25.7.2019, p.241).

6.  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information M144.U.K.

Commencement Information

I80Sch. 5 para. 6 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M144OJ No. L 188, 18.7.2009, p.1, as last amended by Regulation (EU) 2019/1242 (OJ No. L 198, 25.7.2019, p.202).

7.  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor M145.U.K.

Commencement Information

I81Sch. 5 para. 7 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M145OJ No. L 200, 31.7.2009, p.1, as last amended by Commission Regulation (EU) 2019/543 (OJ No. L 95, 4.4.2019, p.1).

8.  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems M146.U.K.

Commencement Information

I82Sch. 5 para. 8 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M146OJ No. L 158, 27.5.2014, p.131, as last amended by Commission Delegated Regulation (EU) 2019/839 (OJ No. L 138, 24.5.2019, p.70).

[F1549.  Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC but only so far as that Regulation has effect by virtue of the Northern Ireland Protocol.]U.K.

Textual Amendments

[F15410.  Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicles occupants and vulnerable road users but only so far as that Regulation has effect by virtue of the Northern Ireland Protocol.]U.K.

Textual Amendments

Regulation 30(1)

SCHEDULE 6U.K.Consequential amendments and revocations

PART 1U.K.Consequential amendments

CHAPTER 1U.K.Primary legislation

Amendment of the Public Passenger Vehicles Act 1981U.K.

1.—(1) Section 6 of the Public Passenger Vehicles Act 1981 M147 (certificate of initial fitness (or equivalent) required for use as public service vehicles) is amended as follows.

(2) In subsection (1)(d)(i), for “EC certificate of conformity”, substitute “ EU certificate of conformity ”.

(3) In subsection (1ZB), for “regulation 6”, substitute “ regulation 21 ”.

(4) For subsection (3), substitute—

“(3) In this section—

“Approval Regulations” means the Road Vehicles (Approval) Regulations 2020;

“EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

“individual approval certificate” means a certificate issued under regulation 18(10) of the Approval Regulations;

“national small series certificate of conformity” means a certificate issued under regulation 16(7) of the Approval Regulations.”.

Commencement Information

I83Sch. 6 para. 1 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M1471981 c.14. Relevant amendments were made by S.I. 2009/818.

Amendment of the Road Traffic Act 1988U.K.

2.—(1) The Road Traffic Act 1988 M148 is amended as follows.

(2) In section 67 M149 (testing of condition of vehicles on roads), in subsection (3B)(a), for “Annex II to the road vehicles type approval Directive”, substitute “ Article 4 of the road vehicles type approval Regulation ”.

(3) In section 79 M150 (further provisions relating to weighing of motor vehicles)—

(a)in subsection (A2), for “Annex II to Directive 2007/46/EC”, substitute “ Article 4 of the road vehicles type approval Regulation ”;

(b)omit subsection (6).

(4) In section 85(1) (interpretation of Part II), in the definition of “EC certificate of conformity”M151—

(a)in paragraph (a)—

(i)in sub-paragraph (iii), omit the second “or”;

(ii)in sub-paragraph (iv), at the end, insert—

“, or

(v)Article 36 or 37 of the road vehicles type approval Regulation;”;

(b)in paragraph (d)—

(i)in sub-paragraph (i), omit “or”;

(ii)in sub-paragraph (ii), at the end, insert—

“, or

(iii)Article 36 or 37 of the road vehicles type approval Regulation;”.

(5) In section 85(1) (interpretation of Part II), after the definition of “the road vehicles type approval Directive”M152, insert—

““the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,”.

(6) In section 86 (index to Part II), in the table, after the entry relating to “Road vehicles type approval Directive”, insert—

“Road vehicles type approval RegulationSection 85”.

Commencement Information

I84Sch. 6 para. 2 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M149Subsection (3B) was inserted by S.I. 2011/996 and substituted by S.I. 2017/849.

M150Subsections (A2) and (6) were inserted by S.I. 2011/996.

M151The definition was inserted by S.I. 1992/3107, substituted by S.I. 2009/818 and partially substituted by S.I. 2018/235 and 236.

M152The definition was inserted by S.I. 2009/818.

Amendment of the Vehicle Excise and Registration Act 1994U.K.

3.—(1) Schedule 1 to the Vehicle Excise and Registration Act 1994 M153 (annual rates of duty) is amended as follows.

(2) In Part IA (light passenger vehicles registered before 1 April 2017: graduated rates of duty)—

(a)in paragraph 1A, for sub-paragraph (2), substitute—

“(2) In sub-paragraph (1)(b)(i) a “light passenger vehicle” means, as the case may be, a vehicle—

(a)within Category M1 of Annex II to Council Directive 70/156/EEC (vehicle with at least four wheels used for carriage of passengers and comprising no more than 8 seats in addition to the driver's seat),

(b)within Category M1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or

(c)within Category M1 of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).”;

(b)in paragraph 1G, for sub-paragraph (1), substitute—

“(1) References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of—

(a)Council Directive 70/156/EEC,

(b)Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or

(c)Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.”.

(3) In Part 1AA (light passenger vehicles registered on or after 1 April 2017), in paragraph 1GA—

(a)for sub-paragraph (2), substitute—

“(2) In sub-paragraph (1)(b)(i) a “light passenger vehicle” means—

(a)a vehicle within Category M1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or

(b)a vehicle within Category M1 of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).”;

(b)for sub-paragraph (2A) M154, substitute—

“(2A) For the purposes of sub-paragraph (1A) a vehicle is a “motor caravan” if the certificate mentioned in sub-paragraph (1)(b) identifies the vehicle as a motor caravan within the meaning of—

(a)Annex II to Directive 2007/46/EC, or

(b)Part A of Annex I to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.”;

(c)for sub-paragraph (4), substitute—

“(4) References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of—

(a)Directive 2007/46/EC, or

(b)Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.”.

(4) In Part IB (light goods vehicles), in paragraph 1H, for sub-paragraph (2), substitute—

“(2) In sub-paragraph (1)(b) a “light goods vehicle” means, as the case may be, a vehicle—

(a)within Category N1 of Annex II to Council Directive 70/156/EEC (vehicle with four or more wheels used for carriage of goods and having a maximum mass not exceeding 3.5 tonnes),

(b)within Category N1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes), or

(c)within Category N1 of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes).”.

Commencement Information

I85Sch. 6 para. 3 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M1531994 c.22. Part IA and Part IB were inserted into Schedule 1 by section 22 of, and Schedule 3 to, the Finance Act 2000 (c.17). Part 1AA was inserted by section 46 of the Finance (No 2) Act 2015 (c.33).

M154Sub-paragraph (2A) was inserted by section 86(3) of the Finance Act 2020 (c.14).

Amendment of the Income Tax (Earnings and Pensions) Act 2003U.K.

4.—(1) Section 171(1) of the Income Tax (Earnings and Pensions) Act 2003 M155 (minor definitions: general) is amended as follows.

(2) For the definition of “EC certificate of conformity”, substitute—

““EC certificate of conformity” means a certificate of conformity within the meaning of—

(a)Council Directive 70/156/EEC,

(b)Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or

(c)Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

(3) For the definition of “EC type-approval certificate”, substitute—

““EC type-approval certificate” means—

(a)a type-approval certificate issued under any provision of the law of a Member State implementing Council Directive 70/156/EEC,

(b)an EC type-approval certificate within the meaning of Council Directive 2007/46/EC, or

(c)an EU type-approval certificate within the meaning of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

Commencement Information

I86Sch. 6 para. 4 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M1552003 c.1. Relevant substitutions were made by section 48 of the Finance Act 2018 (c.3).

CHAPTER 2U.K.Secondary legislation

Amendment of the Motor Vehicles (International Circulation) Order 1975U.K.

5.—(1) The Motor Vehicles (International Circulation) Order 1975 M156 is amended as follows.

(2) In Article 5(2)(c)(ii), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I87Sch. 6 para. 5 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M156S.I. 1975/1208, as amended by S.I. 1980/1095, 1985/459, 1989/993, 1991/771 and

1727,

1996/1929 and

1974,

2004/1992,

2010/771,

2013/3150 and

2018/1295 and prospectively amended (from IP completion day) by S.I. 2019/563.

Amendment of the Motor Vehicles (Type Approval) Regulations 1980U.K.

6.—(1) The Motor Vehicles (Type Approval) Regulations 1980 M157 are amended as follows.

(2) In regulation 3(1), in the definition of “component”, for “described in Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007”, substitute “ defined in Article 3(20) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I88Sch. 6 para. 6 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M157S.I. 1980/1182, as amended by S.I. 1982/7, 1986/1501, 1987/524, 1988/1103 and

1669,

1989/1578 and

2262,

1991/820,

2681 and

2830,

1992/2154 and

3107 and

2011/1043

and prospectively amended (from IP completion day) by S.I. 2019/453.

Amendment of the Road Traffic (Northern Ireland) Order 1981U.K.

7.—(1) The Road Traffic (Northern Ireland) Order 1981 M158 is amended as follows.

(2) In Article 31A(7) (interpretation of Articles 31A to 31E)—

(a)in the definition of “EC certificate of conformity”—

(i)in paragraph (a)—

(aa)in sub-paragraph (iii), omit the second “or”;

(bb)in sub-paragraph (iv), at the end, insert—

“, or

(v)Article 36 or 37 of the road vehicles type approval Regulation”;

(ii)in paragraph (d)—

(aa)in sub-paragraph (i), omit “or”;

(bb)in sub-paragraph (ii), at the end, insert—

“, or

(iii)Article 36 or 37 of the road vehicles type approval Regulation”;

(b)after the definition of “the road vehicles type approval Directive”, insert—

““the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

Commencement Information

I89Sch. 6 para. 7 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M158S.I. 1981/154 (N.I. 1). Article 31A was inserted by S.I. 1985/755 (N.I. 6). In Article 31A(7), the definition of “EC certificate of conformity” was substituted, and other definitions inserted, by S.I. 2019/648 (as amended by S.I. 2019/691), and other amendments were made by S.R. 1993 No. 246, S.I. 2006/1254 (N.I. 9) and S.I. 2018/235.

Amendment of the Motor Vehicles (Tests) Regulations 1981U.K.

8.—(1) The Motor Vehicles (Tests) Regulations 1981 M159 are amended as follows.

(2) In regulation 5(6)(b), for “Annex 2 to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

(3) In regulation 6(5), in the definition of “vehicle of historic interest”, for “meaning given in paragraph 1 of Schedule 3 to the Road Vehicles (Approval) Regulations 2009”, substitute “ same meaning as “type of vehicle” in Article 3(32) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I90Sch. 6 para. 8 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M159S.I. 1981/1694, as amended by S.I. 1982/814,

1477 and

1715,

1983/1434,

1984/1126,

1985/45,

1988/1894,

1989/1694,

1991/253,

1525 and

2229,

1992/1217,

1609 and

3160,

1995/1457 and

2438,

1997/81,

1998/1672,

2000/1432,

2001/3330,

2002/488 and

1698,

2003/1113,

1698 and

1815,

2004/1879,

2005/1832,

2006/594 and

1998,

2007/506,

1161 and

1898,

2009/643 and

802,

2010/449 and

1172,

2011/3058,

2012/307,

2404 and

2652,

2013/271,

2014/480 and

2114,

2017/850,

2018/25 and

2020/382

and prospectively amended (from IP completion day) by S.I. 2019/453.

Amendment of the Road Vehicles Lighting Regulations 1989U.K.

9.—(1) The Road Vehicles Lighting Regulations 1989 M160 are amended as follows.

(2) In Schedule 1, in the entries in the table relating to “headlamp cleaning device” and “reversing lamp”, in the third column of each entry, for “2009”, substitute “ 2020, or by Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, ”.

Commencement Information

I91Sch. 6 para. 9 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M160S.I. 1989/1796, as amended by paragraphs 11 to 14 of Schedule 9 to the Deregulation Act 2015 (c.20), S.I. 1992/1217, 1994/2280 and

2567,

1996/3016,

2001/560,

2003/1959 and

1998,

2004/3168,

2005/344,

2559,

2929 (W. 214) and

3169,

2006/594 and

1914,

2008/1277,

2009/3220,

2010/1172,

2011/935,

2013/119 and

755,

2014/480,

2017/852,

2018/1203,

2019/703 and

734

and S.S.I. 2006/129.

Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995U.K.

10.—(1) The Goods Vehicles (Licensing of Operators) Regulations 1995 M161 are amended as follows.

(2) In Schedule 3, in paragraph 23A(1)(b), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I92Sch. 6 para. 10 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M161S.I. 1995/2869, as amended by S.I. 2003/2096, 2004/3168, 2005/2060 and

2929 (W. 214),

2006/594,

2007/1898,

2009/1307,

2010/455,

2012/2404,

2013/602,

1644,

1750 and

1753,

2017/874,

2018/25

and prospectively amended (from IP completion day) by S.I. 2019/708.

Amendment of the Road Vehicles (Authorised Weight) Regulations 1998U.K.

11.—(1) The Road Vehicles (Authorised Weight) Regulations 1998 M162 are amended as follows.

(2) In regulation 2(1)—

(a)in the definition of “alternatively fuelled vehicle”, for “Framework Directive”, substitute “ Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 ”;

(b)omit the definition of “Framework Directive”;

(c)insert at the appropriate place in the alphabetical order—

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

(3) In regulation 3, for “Annex II of the Framework Directive”, substitute “ Article 4 of the Type Approval Regulation ”.

(4) In regulation 4(3)(a), for “Framework Directive”, substitute “ Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 ”.

Commencement Information

I93Sch. 6 para. 11 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M162S.I. 1998/3111, as amended by S.I. 2000/3224, 2001/1125 and 2017/881.

Amendment of the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999U.K.

12.—(1) The Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 M163 are amended as follows.

(2) In regulation 2(1)—

(a)in the definition of “alternatively fuelled vehicle”, for “Framework Directive”, substitute “ Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 ”;

(b)omit the definition of “Framework Directive”;

(c)insert at the appropriate place in the alphabetical order—

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

(3) In regulation 3, for “Annex II to the Framework Directive”, substitute “ Article 4 of the Type Approval Regulation ”.

(4) In regulation 4(3)(a), for “Framework Directive”, substitute “ Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 ”.

Commencement Information

I94Sch. 6 para. 12 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M163S.R. 1999 No. 258, as amended by S.R. 2017 No. 191.

Amendment of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999U.K.

13.—(1) The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 M164 are amended as follows.

(2) In regulation 3—

(a)in paragraph (2)—

(i)for the definition of “applicant”, substitute—

““applicant” means an applicant for the issue of—

(a)a type approval certificate, authorisation or test report for a vehicle or vehicle part for the purpose of an EU instrument or ECE Regulation; or

(b)a type approval certificate for a vehicle or a vehicle part for the purpose of the national small series type approval scheme;”

(ii)in the definition of “Approval Regulations”, for “2009”, substitute “ 2020 ”;

(iii)in the definition of “approval requirements”, in sub-paragraph (a)—

(aa)omit paragraphs (ii) and (iii);

(bb)in sub-paragraph (v), for “Schedule 4”, substitute “ Schedule 1 ”;

(iv)for the definition of “EU instrument”, substitute—

““EU instrument” means any EU regulatory act listed in a table in —

(a)Part I or Part III of Annex II to the Type Approval Regulation;

(b)Annex I to the tractor type approval Regulation; or

(c)Annex II to the motorcycle type approval Regulation;”;

(v)for the definition of “ECE Regulation”, substitute—

““ECE Regulation” means a UNECE Regulation—

(a)as defined in regulation 2(1) of the Approval Regulations; or

(b)referred to in—

(i)Article 49(1) of the tractor type approval Regulation; or

(ii)Article 54(1) of the motorcycle type approval Regulation;”;

(vi)for the definition of “national small series type approval”, substitute—

““national small series type approval” means the scheme described in Article 42 of the Type Approval Regulation;”;

(vii)omit the definitions of “Framework Directive”, “Great Britain Regulations”, “Great Britain Regulations for Goods Vehicles”, “low volume type approval vehicle”, “national type approval scheme”, “regulatory act” and “sound level measurement certificate”;

(viii)at the appropriate place in the alphabetical order, insert—

““the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;”;

““the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time;”;

““the Type Approval Regulation” has the same meaning as in regulation 2(1) of the Approval Regulations;”;

(b)omit paragraph (3);

(c)in paragraph (4), for “the Framework Directive”, substitute “ Article 4 of the Type Approval Regulation ”.

(3) In regulation 4—

(a)in paragraph (1)—

(i)in sub-paragraph (a), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(ii)in sub-paragraph (b), omit “a sound level measurement certificate or”;

(b)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(c)in paragraph (4)—

(i)for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(ii)omit “a sound level measurement certificate or”.

(4) Omit regulation 5.

(5) In regulation 5A M165—

(a)in paragraph (1)—

(i)for “25(3)”, substitute “ 16(3) ”;

(ii)for “Framework Directive”, substitute “ Type Approval Regulation ”;

(b)in paragraph (2)—

(i)for “Framework Directive”, substitute “ Type Approval Regulation ”;

(ii)for “that Directive”, substitute “ that Regulation ”;

(c)in paragraph (3), for “24(3)(b)(ii)”, substitute “ 15(3)(b)(ii) ”;

(d)in paragraph (4), for “24(1)”, substitute “ 15(1) ”.

(6) In regulation 6—

(a)in the heading to the regulation, for “EC”, substitute “ EU ”;

(b)in paragraph (1)—

(i)for “EC”, substitute “ EU ”;

(ii)for “regulation 13(3) of the Approval Regulations”, substitute “ Article 26(2) of the Type Approval Regulation ”;

(iii)for “Framework Directive”, substitute “ Type Approval Regulation ”;

(c)in paragraph (2)—

(i)for “Framework Directive”, substitute “ Type Approval Regulation ”;

(ii)for “that Directive”, substitute “ that Regulation ”;

(d)in paragraph (3), for “EC”, substitute “ EU ”;

(e)in paragraph (4), for “EC”, substitute “ EU ”;

(f)in paragraph (5), for “EC”, substitute “ EU ”;

(g)in paragraph (6), for “EC” (three times), substitute “ EU ”;

(h)in paragraph (7), for “EC”, substitute “ EU ”.

(7) In regulation 7—

(a)in paragraph (1), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(b)in paragraph (2), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(c)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(d)in paragraph (4)—

(i)omit sub-paragraph (a);

(ii)after “national”, insert “ small series ”.

(8) In regulation 8, after “national”, insert “ small series ”.

(9) In regulation 9, omit paragraphs (2), (3), (5) and (6).

(10) Omit regulation 10.

(11) In regulation 11—

(a)in paragraph (1), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(b)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(12) In regulation 12—

(a)in paragraph (1)(b), omit “a sound level measurement certificate or”;

(b)in paragraph (2), for “5”, substitute “ 5A ”;

(c)omit paragraph (6).

(13) In regulation 13, in paragraph (4), omit “or 2”.

(14) Omit regulation 15.

(15) In regulation 16, in paragraph (1), after “national”, insert “ small series ”.

(16) In regulation 17—

(a)in paragraph (1)—

(i)for “of the Environment, Transport and the Regions”, substitute “ for Transport ”;

(ii)after “national”, insert “ small series ”;

(b)in paragraph (2), for “of the Environment, Transport and the Regions”, substitute “ for Transport ”.

(17) In regulation 19, for “5,”, substitute “ 5A, ”.

(18) In regulation 20, for “5,”, substitute “ 5A, ”.

(19) In Schedule 1—

(a)in the heading to the Schedule, omit “the Great Britain Regulations or”;

(b)omit Part I and Part II;

(c)in the heading to Part IV, for “EC”, substitute “ EU ”.

(20) Omit Schedule 2.

(21) In Schedule 3 M166, in the table—

(a)in section (B)—

(i)in the heading, for “Community”, substitute “ EU ”;

(ii)for “the first indent of article 5(3) of the Framework Directive”, substitute “ Article 34(1) of the Type Approval Regulation ”;

(iii)for “the second indent of article 5(3) of the Framework Directive”, substitute “ Article 34(2) of the Type Approval Regulation ”;

(b)omit section (C);

(c)in section (D), for “Minister's approval, EEC or EEC”, substitute “ EU or ECE ”;

(d)in section (E), for “Minister's approval, EEC”, substitute “ EU ”;

(e)in the note to the table (marked “NB”), for “EEC”, substitute “ EU ”.

(22) In Schedule 4—

(a)omit Part I and Part II;

(b)in Part III, in the table, for “article 4(2) of the Framework Directive”, substitute “ Article 7(1) of the Type Approval Regulation ”.

Commencement Information

I95Sch. 6 para. 13 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M164S.I. 1999/2149, as amended by S.I. 2003/2258, 2004/2106, 2006/1638 and 2009/719.

M165Regulation 5A was inserted by S.I. 2009/719.

M166Schedule 3 was substituted by S.I. 2006/1638.

Amendment of the Road Vehicles Lighting Regulations (Northern Ireland) 2000U.K.

14.—(1) The Road Vehicles Lighting Regulations (Northern Ireland) 2000 M167 are amended as follows.

(2) In Schedule 1, in Table 1, in the entries in the table relating to “headlamp cleaning device” and “reversing lamp”, in the third column of each entry, for “2009”, substitute “ 2020, or by Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, ”.

Commencement Information

I96Sch. 6 para. 14 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M167S.R. 2000 No. 169, as amended by S.I. 2008/1277, S.R. 2015 No. 397, 2018 No. 88 and 2019 No. 20 and

185.

Amendment of the Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001U.K.

15.—(1) The Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 M168 are amended as follows.

(2) In regulation 3(1)—

(a)omit the definition of “the 2009 Regulations”;

(b)for the definition of “EC certificate of conformity”, substitute—

““EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of the Type Approval Regulation;”;

(c)for the definition of “EC type approval certificate”, substitute—

““EU type approval certificate” means a type approval certificate issued pursuant to Article 28 or 41 of the Type Approval Regulation;”;

(d)omit the definition of “Framework Directive”;

(e)in the definition of “make”, for “EC” (twice), substitute “ EU ”;

(f)in the definition of “official fuel consumption”, for “EC” (twice), substitute “ EU ”;

(g)in the definition of “official specific emissions of CO2”, for “EC” (twice), substitute “ EU ”;

(h)in the definition of “type”, “variant” and “version”, for “Annex II B of the Framework Directive”, substitute “ Part B of Annex I to the Type Approval Regulation ”;

(i)at the appropriate place in the alphabetical order, insert—

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

(3) In regulation 4—

(a)in the opening words, for “of Annex II of the Framework Directive”, substitute “ in Article 4(1)(a) of the Type Approval Regulation ”;

(b)in paragraph (a), for “the Framework Directive”, substitute “ the Type Approval Regulation ”;

(c)in paragraph (c), for “Article 9(1)(b) of the Framework Directive”, substitute “ point 5 of Part A of Annex I to the Type Approval Regulation ”.

(4) In Schedule 5—

(a)in paragraph 6—

(i)in sub-paragraph (2), for “EC” (three times), substitute “ EU ”;

(ii)in sub-paragraph (4)(a)(i), for “EC”, substitute “ EU ”.

(b)in paragraph 7(1), for “EC”, substitute “ EU ”.

(c)in paragraph 8(2), for “EC”, substitute “ EU ”.

Commencement Information

I97Sch. 6 para. 15 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M168S.I. 2001/3523, as amended by S.I. 2004/1661, 2013/65 and 2018/235 and

673

.

Amendment of the Road Vehicles (Registration and Licensing) Regulations 2002U.K.

16.—(1) The Road Vehicles (Registration and Licensing) Regulations 2002 M169 are amended as follows.

(2) In regulation 15(3A)(a), for “paragraph 1.1.1 of” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

(3) In regulation 15A(6)(a), for “paragraph 1.1.1 and” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I98Sch. 6 para. 16 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M169S.I. 2002/2742, as amended by section 188(3)(b) of the Finance Act 2013 (c.29), section 12(1) of the Humber Bridge Act 2013 (c. vi), S.I. 2003/2154,

2335,

2635,

2981,

3073 and

3110,

2004/238,

1773,

1872,

2099 and

3298,

2005/2344 and

2713,

2006/2320,

2007/498,

1018 and

2553,

2008/642,

1444 and

2849,

2009/880 and

3103,

2010/451 and

1092,

2012/304 and

443,

2013/2909,

2014/480,

2116,

2358 and

2676,

2015/403,

971 and

1657,

2017/554,

2018/52 and

2020/663 and prospectively amended (from IP completion day) by S.I. 2018/1295.

Amendment of the Motor Vehicle Testing Regulations (Northern Ireland) 2003U.K.

17.—(1) The Motor Vehicle Testing Regulations (Northern Ireland) 2003 M170 are amended as follows.

(2) In regulation 5(5)(b), for “Annex 2 to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I99Sch. 6 para. 17 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M170S.R. 2003 No. 303, as amended by S.R. 2018 No. 85.

Amendment of the End-of-Life Vehicles Regulations 2003U.K.

18.—(1) The End-of-Life Vehicles Regulations 2003 M171 are amended as follows.

(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

(3) In regulation 5, for the words “Article 23 of ” to “for such vehicles”, substitute “ Articles 42 and 43 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I100Sch. 6 para. 18 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M171S.I. 2003/2635, as amended by S.I. 2005/263 and 2018/942 and prospectively amended (from IP completion day) by S.I. 2019/188.

Amendment of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003U.K.

19.—(1) The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 M172 are amended as follows.

(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “paragraph 1.1.1 or” to “Commission Regulation (EU) 2017/2400”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I101Sch. 6 para. 19 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M172S.S.I. 2003/593, as amended by S.S.I. 2011/226, 2015/438, 2018/391 and prospectively amended (from IP completion day) by S.S.I. 2019/26 and

175

.

Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005U.K.

20.—(1) The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M173 are amended as follows.

(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “ Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

(3) In regulation 5, for the words from “Article 9(1)(b)” to the end, substitute “ point 5 of Part A of Annex I to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I102Sch. 6 para. 20 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M173S.I. 2005/263, as amended by S.I. 2018/942 and prospectively amended (from IP completion day) by S.I. 2019/188.

Amendment of the Supply of Machinery (Safety) Regulations 2008U.K.

21.—(1) The Supply of Machinery (Safety) Regulations 2008 M174 are amended as follows.

(2) In Schedule 3—

(a)in paragraph 1(e)(ii), for the words “Article 3(11) and (12)” to the end, substitute “ Article 3(16) and (17) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”;

(b)in paragraph 2(b)(ii), for “Directive 2007/46/EC”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I103Sch. 6 para. 21 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M174S.I. 2008/1597, as amended by S.I. 2011/1043 and

2157,

2014/469 and

3248,

2015/1630 and

1682,

2016/1105,

2018/235

and S.R. 2016 No. 427 and prospectively amended (from IP completion day) by S.I. 2019/696 (as amended by S.I. 2019/1246).

Amendment of the Road Vehicles (Individual Approval) (Fees) Regulations 2009U.K.

22.—(1) The Road Vehicles (Individual Approval) (Fees) Regulations 2009 M175 are amended as follows.

(2) In regulation 2—

(a)in paragraph (1)—

(i)in the definition of “Approval Regulations”, for “2009”, substitute “ 2020 ”;

(ii)in the definition of “ACS vehicle”, for “Schedule 5”, substitute “ Schedule 2 ”;

(iii)in the definition of “appeal”, for “37(2) and (3)”, substitute “ 19(2) and (3) ”;

(iv)in the definition of “applicant”, for “27(11)”, substitute “ 18(11) ”;

(v)in the definition of “application”, for “27(1) and (2)”, substitute “ 18(1) and (2) ”;

(vi)in the definition of “examination”, for “27(5)”, substitute “ 18(5) ”;

(vii)omit the definition of “Framework Directive”;

(viii)for the definition of “individual approval”, substitute—

““individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by the Approval Regulations (and particularly Chapter 2 of Part 3 of those Regulations);”;

(ix)in the definition of “re-examination”, for “regulation 37”, substitute “ regulation 19 ”;

(x)at the appropriate place in the alphabetical order, insert—

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;

(b)in paragraph (2), for “Annex II to the Framework Directive”, substitute “ Article 4 of the Type Approval Regulation ”.

(3) In regulation 3, for “regulation 27”, substitute “ regulation 18 ”.

(4) In regulation 4—

(a)in paragraph (1), for “regulation 27(5)”, substitute “ regulation 18(5) ”;

(b)in paragraph (2)—

(i)for “regulation 27(3)”, substitute “ regulation 18(3) ”;

(ii)for “regulation 27(4)”, substitute “ regulation 18(4) ”.

(5) In regulation 5—

(a)in paragraph (1), for “regulation 27(5)”, substitute “ regulation 18(5) ”;

(b)in paragraph (2)—

(i)for “regulation 27(3)”, substitute “ regulation 18(3) ”;

(ii)for “regulation 27(4)”, substitute “ regulation 18(4) ”.

(6) In regulation 6—

(a)in paragraph (1), for “regulation 27(5)”, substitute “ regulation 18(5) ”;

(b)in paragraph (2)—

(i)in the opening words, for “Schedule 5”, substitute “ Schedule 2 ”;

(ii)in sub-paragraph (a), for “requirement 3”, substitute “ requirement 3A ”;

(c)in paragraph (3), for “Schedule 5”, substitute “ Schedule 2 ”.

(7) In regulation 8, in paragraph (1), for “regulation 37(3)(d)”, substitute “ regulation 19(3)(d) ”.

(8) In regulation 11—

(a)in the heading, for “duplicate”, substitute “ replacement ”;

(b)for “regulation 38(6)”, substitute “ regulation 18(15) ”.

(9) In regulation 12, for “article 24(8) of the Framework Directive”, substitute “ Article 46(4) of the Type Approval Regulation ”.

Commencement Information

I104Sch. 6 para. 22 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009U.K.

23.—(1) The Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009 M176 are amended as follows.

(2) In regulation 2—

(a)for paragraph (1), substitute—

“(1) A reference in these Regulations to a vehicle being of category M or N followed by a number in subscript is to be construed in accordance with—

(a)Article 4 of the Type Approval Regulation where the vehicle was approved pursuant to the requirements of that Regulation;

(b)Annex II to the second Framework Directive where the vehicle was approved pursuant to the requirements of that Directive; and

(c)Annex II to the first Framework Directive in all other cases.”;

(b)in paragraph (2)—

(i)at the appropriate place in the alphabetical order, insert—

““the 2020 Regulations” means the Road Vehicles (Approval) Regulations 2020;”

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;

(ii)in the definition of “a 715 relevant vehicle”, in paragraph (b), for sub-paragraphs (i) and (ii), substitute—

“(i)an EC certificate of conformity issued in accordance with the 1998 Regulations, 2009 Regulations or 2020 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive, article 18 of the second Framework Directive or Article 36 of the Type Approval Regulation, or

(ii)a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 2007 Regulations, the 2009 Regulations or the 2020 Regulations or any provision of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,”;

(c)in paragraph (3)(a), after “Directive”, insert “ or the Type Approval Regulation ”;

(d)in paragraph (4)(c), after “the 2009 Regulations”, insert “ or the 2020 Regulations ”.

Commencement Information

I105Sch. 6 para. 23 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Cleaner Road Transport Vehicles (Scotland) Regulations 2010U.K.

24.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010 M177 are amended as follows.

(2) In regulation 3(2), for “Directive 2007/46/EC” to “such vehicles”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I106Sch. 6 para. 24 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M177S.S.I. 2010/390, as amended by S.S.I. 2012/88, 2015/446 and 2016/49.

Amendment of the Cleaner Road Transport Vehicles Regulations 2011U.K.

25.—(1) The Cleaner Road Transport Vehicles Regulations 2011 M178 are amended as follows.

(2) In regulation 3(2), for “Directive 2007/46/EC” to “such vehicles”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I107Sch. 6 para. 25 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M178S.I. 2011/1631, as amended by S.I. 2015/102 and 2016/275.

Amendment of the Pollution Prevention and Control (Scotland) Regulations 2012U.K.

26.—(1) The Pollution Prevention and Control (Scotland) Regulations 2012 M179 are amended as follows.

(2) In Schedule 2, in Part 4, in paragraph 12—

(a)omit the definition of “Directive 2007/46/EC”;

(b)insert at the appropriate place in the alphabetical order—

““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;

(c)in the definition of “vehicle coating”, for “Directive 2007/46/EC” (five times), substitute “ the Type Approval Regulation ”;

(d)in the definition of “vehicle refinishing”, for “Directive 2007/46/EC”, substitute “ the Type Approval Regulation ”.

Commencement Information

I108Sch. 6 para. 26 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M179S.S.I. 2012/360, as amended by S.S.I. 2014/267, 2015/100,

101,

188and

438,

2016/39,

2017/446 ,

2018/391

and S.I. 2014/469 and 2015/483 and 1973, and prospectively amended (from IP completion day) by S.S.I. 2019/26 and

175.

Amendment of the Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012U.K.

27.—(1) The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012 M180 are amended as follows.

(2) In regulation 4(1), in the definition of “travel service”, in paragraph (c)(ii), for “Article 3(11)” to the end, substitute “ Article 3(16) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; ”.

Commencement Information

I109Sch. 6 para. 27 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M180S.I. 2012/1017, as amended by S.I. 2012/1134 and 2018/670 and prospectively amended (with effect from IP completion day) by S.I. 2019/278.

Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013U.K.

28.—(1) The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M181 are amended as follows.

(2) In Schedule 1, in Part 1, in Chapter 7, in Part C, in “Interpretation of Part C”, in paragraph 2—

(a)in the definition of “other coating activities”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU”, substitute “ Article 4 of Regulation (EU) 2018/858 ”;

(b)in the definition of “vehicle coating”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU” (four times), substitute “ Article 4 of Regulation (EU) 2018/858 ”;

(c)in the definition of “vehicle refinishing”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU”, substitute “ Article 4 of Regulation (EU) 2018/858 ”;

(d)at the appropriate place in the alphabetical order, insert—

““Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

Commencement Information

I110Sch. 6 para. 28 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M181S.R. 2013 No. 160, as amended by S.R. 2014 No. 304, 2015 No. 14 and

325,

2016 No. 95 and

309,

2018 No. 33 and 200, S.I. 2015/1973 and prospectively amended (with effect from IP completion day) by S.I. 2019/289.

Amendment of the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013U.K.

29.—(1) The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013 M182 are amended as follows.

(2) In regulation 2(h), for “Directive 2007/46/EC” to “for such vehicles”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I111Sch. 6 para. 29 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Taxi Licensing Regulations (Northern Ireland) 2015U.K.

30.—(1) The Taxi Licensing Regulations (Northern Ireland) 2015 M183 are amended as follows.

(2) In regulation 2(1)—

(a)in the definition of “approved M1 vehicle”—

(i)after paragraph (a), insert—

“(aa)an EU certificate of conformity under Regulation (EU) 2018/858;”;

(ii)in paragraph (d), after “Regulations 2009”, insert “ or the Road Vehicles (Approval) Regulations 2020 ”;

(b)at the appropriate place in the alphabetical order, insert—

““Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

Commencement Information

I112Sch. 6 para. 30 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2015U.K.

31.—(1) The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2015 M184 are amended as follows.

(2) In regulation 3, in the definition of “automotive vehicle”, for “Council Directive 2007/46/EC” to “for such vehicles”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I113Sch. 6 para. 31 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Pressure Equipment (Safety) Regulations 2016U.K.

32.—(1) The Pressure Equipment (Safety) Regulations 2016 M185 are amended as follows.

(2) In Schedule 1, for paragraph 1(e)(i), substitute—

“(i)Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.

Commencement Information

I114Sch. 6 para. 32 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M185S.I. 2016/1105, as amended by S.I. 2017/1206 and 2018/966 and prospectively amended (with effect from IP completion day) by S.I. 2019/696,

791 and

1246.

Amendment of the Economic Growth (Regulatory Functions) Order 2017U.K.

33.—(1) The Economic Growth (Regulatory Functions) Order 2017 M186 is amended as follows.

(2) In the Schedule, in Part 3, in the section headed “Road transport”, for “Road Vehicles (Approval) Regulations 2009”, substitute—

“Road Vehicles (Approval) Regulations 2020

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.

Commencement Information

I115Sch. 6 para. 33 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M186S.I. 2017/267, as amended by S.I.2017/595,

692 and

1012,

2018/1253 and

2019/1027 and

1354.

Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018U.K.

34.—(1) The Package Travel and Linked Travel Arrangements Regulations 2018 M187 are amended as follows.

(2) In regulation 2(1), in the definition of “travel service”, in paragraph (c)(ii), for the words “Article 3(11) of ” to “for such vehicles”, substitute “ Article 3(16) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I116Sch. 6 para. 34 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M187S.I. 2018/634, as prospectively amended (with effect from IP completion day) by S.I. 2018/1367.

Amendment of the Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018U.K.

35.—(1) The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018 M188 are amended as follows.

(2) In regulation 3(a), for sub-paragraph (ii), substitute—

“(ii)in the definition of “travel service”, in paragraph (c)(iii), for “point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council on driving licences”, substitute “ Part 1 of Schedule 2 (categories and sub-categories of vehicle for licensing purposes) to the Motor Vehicles (Driving Licences) Regulations 1999 M189 ”;”.

Commencement Information

I117Sch. 6 para. 35 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M189S.I. 1999/2864. In Schedule 2, the entry relating to Category A was amended by S.I. 2012/977.

Amendment of the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019U.K.

36.—(1) The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 M190 are amended as follows.

(2) In regulation 9—

(a)omit paragraph (2)(c);

(b)omit paragraph (6).

(3) In regulation 10—

(a)omit paragraph (2)(e);

(b)omit paragraph (6)(b).

Commencement Information

I118Sch. 6 para. 36 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M190S.I. 2019/188, as prospectively amended (with effect from IP completion day) by S.I. 2019/1078.

Amendment of the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019U.K.

37.—(1) The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 M191 are amended as follows.

(2) In regulation 6(2), for “paragraph (c)(ii) and (iii)” to the end, substitute—

“paragraph (c)(iii) substitute—

“(iii)motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999;”.”.

Commencement Information

I119Sch. 6 para. 37 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019U.K.

38.—(1) The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 M192 are amended as follows.

(2) In regulation 5—

(a)in paragraph (8)(a)(ii), for “the Road Vehicles (Approval) Regulations 2009”, substitute “ Article 25 of Regulation (EU) 2018/858 ”;

(b)for paragraph (8)(b), substitute—

“(b)in paragraph 2, in the first subparagraph—

(i)for “Directive 2007/46/EC”, substitute “ Regulation (EU) 2018/858 ”;

(ii)for “Article 11 of that Directive”, substitute “ Article 30 of that Regulation ”.”.

(3) In regulation 32—

(a)in paragraph (2)(a), for “the Road Vehicles (Approval) Regulations 2009”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”;

(b)in paragraph (8)(a)(ii), for “the Road Vehicles (Approval) Regulations 2009”, substitute “ Article 25 of Regulation (EU) 2018/858 ”;

(c)for paragraph (8)(b), substitute—

“(b)in paragraph 2, in the first subparagraph—

(i)for “Directive 2007/46/EC”, substitute “ Regulation (EU) 2018/858 ”;

(ii)for “Article 11 of that Directive”, substitute “ Article 30 of that Regulation ”.”.

Commencement Information

I120Sch. 6 para. 38 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

Amendment of the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019U.K.

39.—(1) The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 M193 are amended as follows.

(2) In regulation 2—

(a)in paragraph (2)—

(i)in sub-paragraph (a), in the new subsection (1C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after paragraph (a), insert—

“(aa)an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;

(ii)in sub-paragraph (e), in the new subsection (9) inserted by that sub-paragraph, after paragraph (a), insert—

“(aa)the road vehicles type approval Regulation,”;

(b)in paragraph (3)(a), in the new subsection (1ZB) inserted by that sub-paragraph—

(i)after paragraph (a), insert—

“(aa)a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;

(ii)in paragraph (d), after “that law,”, insert “ Article 36, ”;

(c)in paragraph (5)—

(i)for sub-paragraph (a), substitute—

“(a)in paragraph (a)—

(i)in sub-paragraph (iv), omit “other than the United Kingdom”;

(ii)in sub-paragraph (v), after “type approval Regulation”, insert “ or under Article 36 or 37 of that Regulation as it has effect in EU law ”;”;

(ii)for sub-paragraph (d), substitute—

“(d)in paragraph (d)—

(i)in sub-paragraph (ii), omit “other than the United Kingdom”;

(ii)in sub-paragraph (iii), after “type approval Regulation”, insert “ or under Article 36 or 37 of that Regulation as it has effect in EU law ”;”.

(3) In regulation 3—

(a)in paragraph (2), in sub-paragraph (b), in the new definition of “relevant UK certificate” to be inserted into subsection (8), after paragraph (c), insert—

“(ca)a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”;

(b)in paragraph (3), in the new section 22B to be inserted by that paragraph, in subsection (4), in the definition of “relevant UK certificate”, after paragraph (c), insert—

“(ca)a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”.

(4) In regulation 5(2)—

(a)in sub-paragraph (a), in the new paragraph (2C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after sub-paragraph (a), insert—

“(aa)an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;

(b)in sub-paragraph (b), in the new paragraph (3B) inserted by that sub-paragraph—

(i)after paragraph (a), insert—

“(aa)a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;

(ii)in paragraph (d), after “that law,”, insert “ Article 36, ”;

(c)in sub-paragraph (d)(ii)—

(i)for sub-paragraph (aa), substitute—

“(aa)in paragraph (a)—

(i)in sub-paragraph (iv), omit “other than the United Kingdom”;

(ii)in sub-paragraph (v), after “type approval Regulation”, insert “ or under Article 36 or 37 of that Regulation as it has effect in EU law ”;”;

(ii)for sub-paragraph (dd), substitute—

“(dd)in paragraph (d)—

(i)in sub-paragraph (ii), omit “other than the United Kingdom”;

(ii)in sub-paragraph (iii), after “type approval Regulation”, insert “ or under Article 36 or 37 of that Regulation as it has effect in EU law ”;”.

(d)in sub-paragraph (d)(iii), in the new definition of “European type approval requirements” inserted by that sub-paragraph, after sub-paragraph (a), insert—

“(aa)the road vehicles type approval Regulation,”.

(5) Omit regulation 6.

(6) After regulation 10, insert—

“Amendment of Regulation (EU) 2018/858

10ZA.—(1) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles is amended as follows.

(2) In Article 3 (definitions), after point (58), insert—

“References in this Regulation to Member States are to be read (insofar as is possible) as including the United Kingdom.”.

(3) During the period beginning with IP completion day and ending with the 31st December next following the end of the relevant period, the table in paragraph 2 of Annex V is to be read as though—

(a)the figures shown in the “Units” column of that table corresponding to “Category” M1 and N1 were “1000”; and

(b)each of the remaining figures shown in the “Units” column of that table were multiplied by a factor of two.

(4) In paragraph (3), the “relevant period” means the period of six months beginning with the day on which IP completion day falls.”.

Commencement Information

I121Sch. 6 para. 39 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M193S.I. 2019/648, as amended by S.I. 2019/691 and

1156.

Amendment of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019U.K.

40.—(1) The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 M194 are amended as follows.

(2) In Schedule 12, in paragraph 32, omit sub-paragraphs (a) and (c).

Commencement Information

I122Sch. 6 para. 40 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M194S.I. 2019/696, as prospectively amended (with effect from IP completion day) by S.I. 2019/1246.

Amendment of the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019U.K.

41.—(1) The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 M195 are amended as follows.

(2) In Schedule 3—

(a)in paragraph 28(3), in the new paragraph 4 to be substituted by that paragraph, for “ the Road Vehicles (Approval) Regulations 2009 ”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”;

(b)in paragraph 36(2)(a), for “the Road Vehicles (Approval) Regulations 2009”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council ”.

Commencement Information

I123Sch. 6 para. 41 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M195S.I. 2019/758, as prospectively amended (with effect from IP completion day) by S.I. 2019/858 and

1144

.

Amendment of the REACH etc. (Amendment etc.) (EU Exit) (No 3) Regulations 2019U.K.

42.—(1) The REACH etc. (Amendment etc.) (EU Exit) (No 3) Regulations 2019 M196 are amended as follows.

(2) In regulation 5(2), in the new paragraph 28A(2) to be inserted by that paragraph, for “the Road Vehicles (Approval) Regulations 2009”, substitute “ Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Commencement Information

I124Sch. 6 para. 42 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

PART 2U.K.Revocations

RevocationsU.K.

43.  The following Regulations are revoked—

Instrument titleReference
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982S.I. 1982/1271
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1984S.I. 1984/697
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1984S.I. 1984/1402
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1985S.I. 1985/46
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1986S.I. 1986/427
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1986S.I. 1986/1089
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1987S.I. 1987/1508
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1988S.I. 1988/1523
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1989S.I. 1989/1579
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1991S.I. 1991/1021
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1991S.I. 1991/1970
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1992S.I. 1992/25
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1992S.I. 1992/1342
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 3) Regulations 1992S.I. 1992/3084
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1993S.I. 1993/2200
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1994S.I. 1994/2191
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1995S.I. 1995/1323
The Motor Vehicles (Type Approval for Goods Vehicles) (Amendment) Regulations 1996S.I. 1996/2331
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1996S.I. 1996/3014
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1997S.I. 1997/1365
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1997S.I. 1997/2936
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1998S.I. 1998/1006
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003S.I. 2003/582
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 2003S.I. 2003/1866
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007S.I. 2007/361
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009S.I. 2009/2084
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984S.I. 1984/981
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1984S.I. 1984/1401
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1984S.I. 1984/1761
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1985S.I. 1985/1651
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1986S.I. 1986/739
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1987S.I. 1987/1509
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1988S.I. 1988/1522
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1989S.I. 1989/1580
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1990S.I. 1990/94
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1990S.I. 1990/1839
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1991S.I. 1991/1022
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1991S.I. 1991/1971
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1992S.I. 1992/1341
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1992S.I. 1992/2161
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1992S.I. 1992/2908
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1993S.I. 1993/2201
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1994S.I. 1994/2190
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1995S.I. 1995/1322
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1996S.I. 1996/2330
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1996S.I. 1996/3015
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1997S.I. 1997/1367
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1997S.I. 1997/1502
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1997S.I. 1997/2933
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1998S.I. 1998/1005
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1992S.R. 1992 No. 227
The Motor Vehicles (Approval) Regulations 2001S.I. 2001/25
The Motor Vehicles (Approval) (Amendment) Regulations 2004S.I. 2004/623
The Motor Vehicles (Approval) (Amendment) Regulations 2009S.I. 2009/815
The Motor Vehicles (Approval) Regulations (Northern Ireland) 2001S.R. 2001 No. 172
The Motor Vehicles (Approval) (Amendment No. 2) (Revocation) Regulations (Northern Ireland) 2003S.R. 2003 No. 275
The Motor Vehicles (Approval) (Amendment) Regulations (Northern Ireland) 2004S.R. 2004 No. 30
The Motor Vehicles (Approval) (Amendment) Regulations (Northern Ireland) 2006S.R. 2006 No. 343
The Motor Vehicles (Approval) (Amendment) Regulations (Northern Ireland) 2011S.R. 2011 No. 3
The Motor Vehicles (Approval) (Fees) Regulations 2001S.I. 2001/2486
The Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2007S.I. 2007/495
The Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2008S.I. 2008/1443
The Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2009S.I. 2009/863
The Motor Vehicles (Approval) (Fees) Regulations (Northern Ireland) 2004S.R. 2004 No. 65
The Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007S.R. 2007 No. 240
The Road Vehicles (Approval) Regulations 2009S.I. 2009/717
The Road Vehicles (Approval) (Amendment) Regulations 2011S.I. 2011/1946
The Road Vehicles (Approval) (Amendment) Regulations 2018S.I. 2018/984

Commencement Information

I125Sch. 6 para. 43 in force at 1.9.2020, see reg. 1(b)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ No. L 151, 14.6.2018, p.1) (“the Type Approval Regulation”). In particular, they:

  • — appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the Type Approval Regulation (regulations 3 and 4)

  • — specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)

  • — require the holder of a type approval to retain certain records (regulation 7)

  • — provide for a review procedure in respect of notices given in connection with decisions taken pursuant to the Type Approval Regulation, etc. (regulation 8)

  • — specify when and how an approval may be withdrawn (regulation 9) and the effect of such a withdrawal or a suspension (regulation 10)

  • — set out how any notice or other document is to be served by the approval authority, market surveillance authority or enforcement authority (regulation 11)

  • — authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the Type Approval Regulation (regulation 12)

  • — provide that breach of the duty to provide certain technical information which causes a person to sustain loss or damage is actionable at the suit of that person, and that a defence is available to the manufacturer where they have exercised all due diligence (regulation 13)

  • — provide for an offence of placing on the market or registering a vehicle that is fitted with a defeat system (regulation 14)

  • — provide for applications for, and the granting of, national small series type approval (regulations 15 and 16, and Schedule 1)

  • — provide for recognition of national type approvals of small series granted in other EU Member States (regulation 17)

  • — provide for applications for individual approvals of vehicles (regulation 18 and Schedule 2) and appeals against decisions made (regulation 19)

  • — provide for the form of certificates to be used for national type approval of small series and individual approval (regulation 20)

  • — provide that the grant of a first vehicle licence or the registration of motor vehicles cannot happen unless a certificate of conformity or individual approval has been issued in respect of the vehicle (regulation 21)

  • — provide for consent to be obtained for the supply of large trailers (regulation 23 and Schedule 3) and for certain records to be kept in relation to large trailers and small trailers (regulations 24 and 25)

  • — provide for limits on the number of end-of-series vehicles entering into service (regulation 27)

  • — provide for derogations from the requirements of the Type Approval Regulation in respect of components or separate technical units intended for fitment to vehicles which have been exempted from one or more provisions of the Type Approval Regulation, or which are not required to be type-approved by the Type Approval Regulation (regulation 28)

  • — provide for breach of these Regulations, the Type Approval Regulation or legislation listed in Schedule 5 to be an offence, and for offences to be punishable either by criminal or civil penalties (regulation 29 and Parts 1 and 2 of Schedule 4)

  • — make provision for enforcement of these Regulations, including in connection with false statements and obstruction of officers, powers of search, detention of goods by customs officers and recovery of expenses of enforcement (regulation 29 and Part 3 of Schedule 4)

  • — make consequential amendments to various enactments, and revoke instruments replaced by the Type Approval Regulation (regulation 30(1) and Schedule 6)

  • — provide for the continuation under these Regulations or the Type Approval Regulation of anything done under, or by virtue of, any regulation revoked by these Regulations, if it could have been done under or for the purpose of the corresponding provision of these Regulations or the Type Approval Regulation (regulation 30(2))

  • — make transitional provision in respect of existing national small series type approvals of vehicles over 4m in height (regulation 31)

  • — make transitional provision until the end of 2020 in respect of requirements for paper certificates of conformity in connection with national small series type approval (regulation 32)

These Regulations also transpose the obligation in Article 113 of, and paragraph 3 of Annex XI to, Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ No. L 321, 17.12.2018, p.36) in relation to interoperability for car radio receivers (regulation 22).

The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared, and a review provision not included.

This Explanatory Note incorporates the Transposition Note which would otherwise have been provided separately. An Explanatory Memorandum is published alongside these Regulations on the UK legislation website at www.legislation.gov.uk .

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