http://www.legislation.gov.uk/id/uksi/2020/818

http://www.legislation.gov.uk/uksi/2020/818/regulation/19

The Road Vehicles (Approval) Regulations 2020

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ROAD TRAFFIC

Statute Law Database

2024-04-08

Expert Participation

2022-12-31

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Approval Regulation (regulations 3 and 4)— specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)— require the holder of a type approval to retain certain records (regulation 7)—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 (regulation 8)— specify when and how an approval may be withdrawn (regulation 9) and the effect of such a withdrawal or a suspension (regulation 10)— set out how any notice or other document is to be served by the approval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)

PART 3National small series type approval and individual approval

CHAPTER 2Individual approval

Applications for individual approvals: appealsI119

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 F1approval under regulation 18 should be granted the examiner must notify the approval authority accordingly.