PART 1Introduction

Citation and commencement

1.  These Regulations-

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

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

Interpretation

2.-(1) In these Regulations-

"the 1994 Act" means the Vehicle Excise and Registration Act 1994(5);

"enforcement authority" means the Secretary of State;

"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(6), as amended from time to time;

"relevant products" means-

"UNECE Regulation" means, in respect of a Regulation of a particular number-

(2) Unless otherwise provided, 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.

PART 2EU type-approval

Appointment of approval authority

3.  The Secretary of State is the approval authority for the purposes of these Regulations and the Type Approval Regulation.

Market surveillance authority

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

(a)these Regulations and the Type Approval Regulation, and

(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(8).

Requirement to supply documentation or additional information: failure to comply

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4 of Article 25 of the Type Approval Regulation, the approval authority may treat the application as having been withdrawn by the manufacturer.

Refusal of EU type-approval application

6.-(1) The approval authority must refuse an EU type-approval application if the requirements of-

(a)Articles 26 and 29 to 31, or

(b)Article 39,

of the Type Approval Regulation have not been complied with.

(2) The requirements of Article 30 of the Type Approval Regulation 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 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.

Conformity of production: record keeping

7.  The holder of an EU type-approval, or national small series vehicle type approval in accordance with Article 42 of the Type Approval Regulation, 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, and

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

Review of decisions

8.-(1) All decisions taken pursuant to the 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,

(b)the remedies available to the party concerned under the laws in force in the United Kingdom, 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.

Withdrawal of approvals: mistake or error

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.

Withdrawal and suspension of approvals: effect

10.-(1) If the holder of an approval which has been withdrawn or suspended pursuant to the 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,

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.

Service

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 or the 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)(9) 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 or the 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 or the 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).

Provision of testing stations

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

Provision of technical information: loss or damage

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, 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.

Defeat systems

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 the United Kingdom, 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 to which Regulation (EC) 595/2009 applies, the fitting and operation of the defeat system is explained in the extended documentation package submitted by the manufacturer to the approval authority (as defined in Article 3(36) of the Type Approval Regulation) when applying for emissions type approval for that vehicle, or

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

(i)its use falls within one of the exceptions listed in Article 5(2)(a) to (c) of that Regulation, 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 (as defined in Article 3(36) of the Type Approval Regulation) when applying for emissions type approval for that vehicle.

(4) Where, following examination of motor vehicles associated with a single EU vehicle type approval, the approval authority is satisfied that two or more of those motor vehicles-

(a)are vehicles for which an EU 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 that single EU vehicle type approval is to be taken to be similarly fitted with a defeat system which is not permitted unless proved otherwise by the manufacturer.

(5) In paragraph (4), a motor vehicle is associated with an EU vehicle type approval if an EU 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(10);

"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(11);

"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(12);

"defeat system" means-

"emissions type approval" means EC type approval in accordance with Regulation (EC) 715/2007 or Regulation (EC) 595/2009 (as appropriate) in respect of tailpipe emissions and evaporative emissions for a motor vehicle;

"extended documentation package" means-

"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)(14);

"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)(15).

PART 3National small series type approval and individual approval

CHAPTER 1National small series type approvals

Applications for national small series type approval

15.-(1) A manufacturer requiring-

(a)a national small series type approval in respect of a vehicle, or

(b)an amendment to a national 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 "EU type-approval certificates".

Grant of national small series type approval

16.-(1) The approval authority must-

(a)make the decision whether or not to grant a national small series type approval or an amendment to such an approval in accordance with Article 42 of the Type Approval Regulation (national type-approval of vehicles produced in small series),

(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 a national small series type approval, the authority must issue a type approval certificate which complies with regulation 20(1).

(4) If the holder of a national small series type approval 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 other than the United Kingdom 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 other than the United Kingdom a vehicle manufactured in conformity with a national small series type approval, 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 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 a national small series type approval 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 applies in relation to the issue of a duplicate of a certificate of conformity originally issued under paragraph (7).

Recognition of national type approvals of small series granted in other member States

17.-(1) A manufacturer may, pursuant to the provisions of paragraphs 1 to 4 of Article 43 of the Type Approval Regulation (national type approval of small series), apply to the approval authority for recognition of a small series type approval granted to that manufacturer under the law of a member State other than the United Kingdom (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 the United Kingdom.

(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 national small series type approval certificate.

(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 the United Kingdom 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.

CHAPTER 2Individual approval

Individual approval

18.-(1) A person requiring an individual approval of a vehicle 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 individual approval certificate for the vehicle.

(3) This paragraph applies where-

(a)the application made under paragraph (1) is an application pursuant to Article 45 of the 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 Type Approval Regulation under the law of a member State other than the United Kingdom; 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 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 an individual approval in accordance with Article 44 or Article 45 of the Type Approval Regulation, and

(b)give notice to the applicant accordingly.

(8) For the purposes of paragraph (7)(b)-

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

(b)where paragraph (3) applies, the approval authority must grant an individual 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 the United Kingdom.

(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 the United Kingdom 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, the authority must issue a certificate which complies with regulation 20(2).

(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-

"qualifying applicant" means-

Applications for individual approvals: appeals

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 individual approval should be granted the examiner must notify the approval authority accordingly.

CHAPTER 3Form of certificates

Form of certificates: national type approval of small series and individual approval

20.-(1) A national small series type approval certificate must be in the form set out in Model A of Annex III to the Implementing Regulation.

(2) An individual approval certificate must be in the form set out in Model E of Annex III to the Implementing Regulation.

(3) A national small series certificate of conformity 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 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 (United Kingdom)",

(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, "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 vehicles(16).

PART 4Conditions for licensing or entry into service of vehicles

CHAPTER 1Conditions relating to motor vehicles

Grant of first licence or registration of motor vehicle

21.-(1) Where a person makes an application under section 21 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 one of the conditions in paragraph (3) is satisfied or paragraph (6) applies.

(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 one of the conditions in paragraph (3) is satisfied, or paragraph (6) applies.

(3) The "conditions" are that-

(a)an appropriate EU certificate of conformity has effect with respect to the vehicle;

(b)an appropriate national small series certificate of conformity has effect with respect to the vehicle;

(c)an appropriate individual approval certificate has effect with respect to the vehicle.

(4) Subject to paragraph (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, and

(b)it is not issued in contravention of-

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

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

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

(a)the vehicle to which it relates was first put into service in a member State other than the United Kingdom,

(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 a 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 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-

"appropriate date" means, as the case may be, the date of the application under section 21 of the 1994 Act for the registration of, or the issue of a first licence for, a vehicle;

"EU certificate of conformity" means any of-

"maximum permitted number" means 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;

"old vehicle" means-

"relevant vehicle" means a vehicle which is not an old vehicle and which is-

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

Interoperability for car radio receivers

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-

CHAPTER 2Conditions relating to trailers

Consent to supply of large trailers for use on a road

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-

"appropriate approval or certificate of conformity" means any of the following which is appropriate to the vehicle and issued pursuant to the Road Vehicles (Approval) Regulations 2009 or these Regulations-

"relevant vehicle" means trailers of category O to which the Type Approval Regulation applies(23).

Records of large trailers

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.

Records of small trailers

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.

CHAPTER 3Interpretation

Interpretation of Part

26.-(1) In this Part-

"large trailer" means a trailer constructed or adapted for the carriage of goods-

"pertinent information" means-

"principal information" is-

"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-

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

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

End-of-Series vehicles: limits

27.  For the purposes of Part B of Annex V of the Type Approval Regulation, the maximum number of complete vehicles and completed vehicles(26) entered into service in the United Kingdom is restricted in accordance with paragraph 2 of that Part.

Components and separate technical units: derogations

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 apply.

PART 5Offences, enforcement and civil penalties

Offences, enforcement and civil penalties

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 and the Type Approval Regulation.

PART 6Consequential amendments, revocations, savings and transitional provisions

Consequential amendments, revocations and savings

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.

Transitional provision: national small series type approval of vehicles over 4m in height

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.

Transitional provision: national small series type approval certificate of conformity

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.

SCHEDULES

Regulation 16(2)

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

PART 1Interpretation

1.  In this Schedule-

"approval" means-

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 other 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(27));

"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) 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.

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.

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.

PART 2Requirements for vehicles of category M₁

CHAPTER 1

CHAPTER 2

SECTION 1

Wheelchair spaces

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 devices

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

Location and geometry of anchorages

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 anchorages

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(93) 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 system

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 system

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 performance

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 2

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 3Requirements for vehicles of category N₁

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

Regulation 18(8)(a)

SCHEDULE 2Technical and administrative requirements for grant of individual approval

PART 1General provisions

Requirements applicable

1.  The technical requirements which must be met by Part 2 vehicles are the requirements specified in Part 2 of this Schedule.

2.  The technical requirements which must be met by Part 3 vehicles are-

(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.

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.

Interpretation

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-

"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-

"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.

(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.

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).

(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.

6.-(1) A vehicle is an amateur built vehicle if-

(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.

7.-(1) A vehicle is a vehicle manufactured in very low volume if the condition in sub-paragraph (2) is satisfied.

(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.

8.  A vehicle is a vehicle manufactured using parts of a registered vehicle if-

(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.

9.-(1) A vehicle is a rebuilt vehicle if it-

(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(113),

(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.

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-

(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.

PART 2Requirements for Part 2 vehicles

CHAPTER 1

CHAPTER 2

SECTION 1

Wheelchair spaces

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 devices

2.  All wheelchair tie-down devices must comply with ISO 10542 and be marked accordingly.

Location and geometry of anchorages

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 anchorages

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 system

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 system

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 performance

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 2

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 3Requirements for Part 3 vehicles

PART 4Requirements for other vehicles

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).

Regulations 23 and 26

SCHEDULE 3Alternative 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.

(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.

2.  The cases are as follows-

(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.

3.  The alternative information for the purposes of regulation 26 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 number (VIN),

(e)the date of supply, and

(f)the name and address of the purchaser.

Regulation 29(1)

SCHEDULE 4Offences, penalties, enforcement and other matters

PART 1Offences

Offences and defences

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.

(2) The specified conditions are that-

(a)an EU certificate of conformity has effect with respect to the trailer;

(b)a national small series certificate of conformity has effect with respect to the trailer;

(c)an individual approval certificate has effect with respect to the trailer.

(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 or the legislation listed in Schedule 5, or

(b)fails to comply with any requirement or obligation in these Regulations, the Type Approval Regulation or the legislation listed in Schedule 5.

(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-

Offences by bodies corporate and partnerships

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.

PART 2Penalties

Criminal penalties

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.

Civil penalties

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.

Notification of penalty decision

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.

Objection to penalty decision

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).

Civil penalties: appeals

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.

PART 3Enforcement and other matters

Enforcement of penalty decision

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(135) (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(136) (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.

Obstruction of officers and false statements

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.

Powers of search, etc.

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.

Powers of customs officers to detain goods

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(137) in the part of the United Kingdom where the goods are seized.

Applications for the release of detained items

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(138), 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(139) or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981(140) (statement of case)).

Compensation for seizure and detention

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(141), or

(b)in Scotland, in accordance with the Arbitration (Scotland) Act 2010(142).

Recovery of the expenses of enforcement

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.

Power of the Commissioners for Her Majesty's Revenue and Customs to disclose information

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.

Savings for certain privileges

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.

Savings for civil rights

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.

Regulation 29(1)

SCHEDULE 5Other 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(143).

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(144).

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(145).

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(146).

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(147).

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(148).

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(149).

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(150).

Regulation 30(1)

SCHEDULE 6Consequential amendments and revocations

PART 1Consequential amendments

CHAPTER 1Primary legislation

Amendment of the Public Passenger Vehicles Act 1981

1.-(1) Section 6 of the Public Passenger Vehicles Act 1981(151) (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.".

Amendment of the Road Traffic Act 1988

2.-(1) The Road Traffic Act 1988(152) is amended as follows.

(2) In section 67(153) (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(154) (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"(155)-

(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"(156), 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-

Amendment of the Vehicle Excise and Registration Act 1994

3.-(1) Schedule 1 to the Vehicle Excise and Registration Act 1994(157) (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)(158), 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).".

Amendment of the Income Tax (Earnings and Pensions) Act 2003

4.-(1) Section 171(1) of the Income Tax (Earnings and Pensions) Act 2003(159) (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-

(3) For the definition of "EC type-approval certificate", substitute-

""EC type-approval certificate" means-

CHAPTER 2Secondary legislation

Amendment of the Motor Vehicles (International Circulation) Order 1975

5.-(1) The Motor Vehicles (International Circulation) Order 1975(160) 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".

Amendment of the Motor Vehicles (Type Approval) Regulations 1980

6.-(1) The Motor Vehicles (Type Approval) Regulations 1980(161) 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".

Amendment of the Road Traffic (Northern Ireland) Order 1981

7.-(1) The Road Traffic (Northern Ireland) Order 1981(162) 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;".

Amendment of the Motor Vehicles (Tests) Regulations 1981

8.-(1) The Motor Vehicles (Tests) Regulations 1981(163) 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".

Amendment of the Road Vehicles Lighting Regulations 1989

9.-(1) The Road Vehicles Lighting Regulations 1989(164) 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,".

Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995

10.-(1) The Goods Vehicles (Licensing of Operators) Regulations 1995(165) 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".

Amendment of the Road Vehicles (Authorised Weight) Regulations 1998

11.-(1) The Road Vehicles (Authorised Weight) Regulations 1998(166) 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".

Amendment of the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999

12.-(1) The Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999(167) 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".

Amendment of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999

13.-(1) The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999(168) 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-