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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 [F17] 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 [F2the vehicle satisfies the condition in paragraph (1A) and either] [F3the condition] in paragraph (3) is satisfied or paragraph (6) applies.

[F4(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 [F5the vehicle satisfies the condition in paragraph (1A), and either—

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

(b)paragraph (6) applies.]

[F6(3) The “condition” is that an appropriate approval or certificate of conformity has effect with respect to the vehicle.]

(4) Subject to [F7paragraphs (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 [F8and 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 [F9or the EU Type Approval Regulation], or

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

[F10(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—

[F11(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 [F12a GB small series type-approval] has been granted by the approval authority under regulation 16 [F13, 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 [F14Great Britain] in any year to exceed the maximum permitted number.

[F15(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 [F16or 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—

[F17“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);]

[F18“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];

F19...

[F20“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

I1Reg. 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 M1;

(b)

a digital sound programme service or radio multiplex service, as defined in section 40 of the Broadcasting Act 1996 M2;

(c)

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

Commencement Information

I2Reg. 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—

[F21“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 M3.

Textual Amendments

Commencement Information

I3Reg. 23 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M3See 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

I4Reg. 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

I5Reg. 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 M4, or

(ii)

Schedule 2 to the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003 M5;

“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)

[F22whether 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—

Textual Amendments

Commencement Information

I6Reg. 26 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M4S.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.

M5S.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 [F23(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 M6 entered into service in the [F24Great Britain] is restricted in accordance with paragraph 2 of that Part.

Textual Amendments

Commencement Information

I7Reg. 27 in force at 1.9.2020, see reg. 1(b)

Marginal Citations

M6See Article 3(26) and (27) of the Type Approval Regulation for the definitions of completed vehicle and complete vehicle.

[F25End-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 [F26or the EU Type Approval Regulation] apply.

Textual Amendments

Commencement Information

I8Reg. 28 in force at 1.9.2020, see reg. 1(b)