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

CHAPTER 1U.K. [F1Small] series type approvals

Textual Amendments

Applications for [F2GB small series type-approval and UK (NI)] national small series type approvalU.K.

15.—(1) A manufacturer requiring—

(a)a [F3UK (NI)] national small series type approval in respect of a vehicle, F4...

(b)an amendment to a national small series type approval [F5granted before IP completion day, or a UK (NI) national small series type-approval] which the manufacturer holds,

[F6(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 “[F7GB type-approval certificates]”.

Textual Amendments

Commencement Information

I1Reg. 15 in force at 1.9.2020, see reg. 1(b)

Grant of [F8GB small series type-approval and UK (NI)] national small series type approvalU.K.

16.—(1) The approval authority must—

[F9(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 [F10a 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 [F11type-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 F12... 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 F13... a vehicle manufactured in conformity with a [F14type-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 [F15GB 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 [F16a 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 [F17or, 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

I2Reg. 16 in force at 1.9.2020, see reg. 1(b)

Recognition [F18in Northern Ireland] of national type approvals of small series granted in F19...member StatesU.K.

17.—(1) A manufacturer may, pursuant to the provisions of paragraphs 1 to 4 of Article 43 of the [F20EU] Type Approval Regulation (national type approval of small series), apply to the approval authority for recognition [F21in Northern Ireland] of a [F22national] small series type approval granted to that manufacturer under the law of a member State F23... (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 [F24Northern 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 [F25UK (NI)] national small series type approval certificate [F26in 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 [F27Northern 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

I3Reg. 17 in force at 1.9.2020, see reg. 1(b)