Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Type Approval)(Great Britain) (Amendment) Regulations 1991 and shall come into forceon 20th May 1991.

Preliminary

2. The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(2) shall be further amended in accordance with thefollowing provisions of these Regulations.

Amendments to regulation 2 (interpretation)

3. In regulation 2(1) the following definitions shall be inserted atthe appropriate places in alphabetical order-

• "hire agreement" means an agreement for the bailment or (in Scotland) the hiring ofa vehicle which is not a hire-purchase agreement;

• "hire-purchase agreement" has the same meaning as in the Consumer Credit Act 1974(3).

Amendments to regulation 3 (application)

4.-(1) Regulation 3 shall be amended as follows.

(2) For paragraph (2)(h) there shall be substituted-

"(h)a motor vehicle which is of a new or improved type provided that theconditions specified in paragraph (3) are satisfied;".

(3) After paragraph (2) there shall be added-

"(3) The conditions referred to in paragraph (2)(h) are that-

(a)the manufacturer of the vehicle has made an application-

(i)in respect of a type vehicle in accordance with regulation 5 for atype approval certificate, or

(ii)in respect of another vehicle ("the intitial vehicle") in accordance with regulation 6 for a Minister's approvalcertificate;

(b)an appointment has been made for a final examination of the typevehicle or the initial vehicle (as the case may be);

(c)the vehicle conforms with the type vehicle or the initial vehicle(as the case may be) in such of the relevant aspects of design,construction, equipment and marking as are mentioned in the informationdocument accompanying the application pursuant to regulation 5 or 6;

(d)the vehicle complies with the relevant type approval requirementsspecified in Schedule 1;

(e)the Secretary of State has been notified of the vehicleidentification number;

(f)the vehicle-

(i)was at the date of manufacture owned by the manufacturer of thevehicle and has remained in his ownership,

(ii)has not been offered for sale by him,

(iii)has not been let or offered for letting under a hire agreement or ahire-purchase agreement, and

(iv)has not been used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type; and

(g)the manufacturer of the vehicle intends that until pusuant to theapplication mentioned in sub-paragraph (a) there has been issued a typeapproval certificate or a Minister's approval certificate (as the casemay be), the vehicle-

(i)shall remain in his ownership,

(ii)shall not be offered for sale by him,

(iii)shall not be let or offered for letting under a hire agreement or ahire-purchase agreement, and

(iv)shall not be used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Type Approval)(Great Britain) Regulations 1984.

They amend the disapplication of the Regulations to motor vehiclesor parts of motor vehicles which are of a new or improved type providedcertain conditions are complied with. These conditions are amended asfollows.

(1) The exemption applies when a manufacturer has applied for a typeapproval certificate or a Minister's approval certificate.

(2) The manufacturer must have made an appointment for a finalexamination of the vehicle which is the subject of the application for acertificate.

(3) The vehicle for which exemption is sought must conform with thevehicle which is the subject of the application in the relevant aspectsof design, construction, equipment and marking mentioned in theinformation document accompanying the application.

(4) The conditions relating to ownership, sale, supply and use have beenamended in minor respects.