The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1992

• Citation: S.I. 1992/2908
• Sections: 21

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1992 and shall come into force on 31st December 1992.

Section 2 Preliminary

The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (“the principal regulations”) shall be further amended in accordance with the provisions of these Regulations.

Section 3

(1) Regulation 2 (interpretation) shall be amended as follows.

(2) For the definition of “the type approval requirements”, there shall be substituted the following definition—

“the type approval requirements” means the requirements with respect to the design, construction, equipment or marking of vehicles or vehicle parts which—

relate to the items numbered in column (1) and listed in column (2) of Part I of Schedule 1; and

are contained in instruments, other documents, or Parts of that Schedule, and consist of the requirements, specified against each such item in column (3) of Part I of that Schedule (subject to such modifications and additions as are set out in Part I of that Schedule);

Section 4

After regulation 2, there shall be inserted the following—

Interpretation of “low volume type approval vehicle”

(2A)

(1) For the purposes of these Regulations a vehicle (“the vehicle in question”) is a low volume type approval vehicle at a particular time if—

(a) since the 31st December immediately preceding that time not more than 500 Minister’s approval certificates have been issued with respect to vehicles of the relevant class; and

(b) no type approval certificate has been issued with respect to a vehicle of the relevant class.

(2) Notwithstanding anything in paragraph (1) a vehicle shall be deemed to be a low volume type approval vehicle for the purposes of these Regulations if a Minister’s approval certificate in the form set out in Part III Schedule 4 or a form to the like effect has been issued with respect to it.

(3) For the purposes of this Regulation, a vehicle is a vehicle of the relevant class if it is not the vehicle in question, but is a vehicle—

(a) of the same or a similar model; and

(b) manufactured by the same manufacturer;

as the vehicle in question.

(4) For the purposes of this regulation only, two or more vehicles manufactured by different bodies corporate shall be regarded as having been manufactured by the same manufacturer if at the date when the last of those vehicles was manufactured the bodies were interconnected within the meaning given by section 137(5) of the Fair Trading Act 1973 .

Section 5

In regulation 4 (type approval requirements — application)—

(a) before the words “Schedule 1” whenever they occur there shall be inserted the words “Part I of”; and

(b) paragraph (5) shall be omitted.

Section 6

In regulation 9 (forms of certificates)—

(a) at the beginning of paragraph (2), there shall be inserted the words “Subject to paragraphs (4) and (5),”; and

(b) after paragraph (3), there shall be inserted the following paragraphs—

(4) Where the Secretary of State is satisfied that a vehicle complies with the relevant type approval requirements on the basis that it is a low volume type approval vehicle and is not satisfied that it would otherwise so comply, a Minister’s approval certificate issued in respect of that vehicle shall be in the form set out in Part III of Schedule 4 or in a form to the like effect.

(5) Where the applicant applies for a Minister’s approval certificate for a vehicle on the basis that it is a low volume type approval vehicle the certificate shall be in the form set out in Part III of Schedule 4 or in a form to the like effect.

Section 7

(1) Schedule 1 shall be amended as follows.

(2) Before the heading “TYPE APPROVAL REQUIREMENTS” at the beginning of the Schedule there shall be inserted the heading “PART I” and, accordingly, the Table in the Schedule shall have effect as Part I of the Schedule.

(3) The Table shall be amended in accordance with Schedule 1 to these Regulations.

(4) After the Table, there shall be inserted the provisions set out in Schedule 2 to these Regulations.

Section 8

In Schedules 1A, 1B and 3, before the words “Schedule 1”, wherever they occur, there shall be inserted the words “Part I of”.

Section 9

In Schedule 4, after Part II there shall be inserted the provisions set out in Schedule 3 to these Regulations.

Section 10

In regulation 4, in paragraph (1A), for the words “item 4G” onwards there shall be substituted the words “requirements with respect to exhaust emissions from any vehicle not being of a description specified in column (4) of item 4G of Part I of Schedule 1”.

Section 11

(1) Schedule 1B shall be amended as follows.

(2) Paragraph 1 shall be renumbered paragraph 1A and before that paragraph as so renumbered there shall be inserted the following paragraph—

(1) This Part of this Schedule has effect subject to Part III of this Schedule.

(3) After Part II, there shall be inserted the provisions set out in Schedule 4 to these Regulations.

Section 12

In Part I of Schedule 1 (as amended by Part II of these Regulations), for items 12A(1), 12A(2) and 12A(3), there shall be substituted the items set out in Schedule 5 to these Regulations.

Section 1

After item 14E, there shall be inserted the following item—

Section 2

After item 16, there shall be inserted the following item—

Section 3

After item 18A, there shall be inserted the following item—

Section 4

After item 22, there shall be inserted the following item—

Section 5

After item 23, there shall be inserted the following item—

Section 1

The vehicle must comply with the design and construction requirements specified in—

(a) Annex I, paragraph 5 (excluding sub-paragraphs 5.1.2, 5.2.4, 5.3.4.1, 5.4.2.2, 5.7.1.2 and with the omission of the second sentence in 5.2.3.1) of Council Directive 74/60/EEC of 17th December 1973 as corrected on 6th August 1974 and 25th February 1977 and amended by Commission Directive 78/632/EEC of 19th May 1978 ; or

(b) paragraph 5 (excluding sub-paragraphs 5.1.2, 5.2.3.1, 5.2.4, 5.3.4.1, 5.4.2.2, 5.4.2.3, and 5.7.1.2) of ECE Regulation 21 as revised on 8th October 1980, amended on 26th April 1986 and corrected on 10th October 1986.

Section 2

The vehicle must also be constructed so that the metal wires which stretch the lining of the roof and the frames of the sun visors have a maximum diameter of 5mm.

Section 1

Items 4D and 4F of Part I of Schedule 1 shall have effect in relation to a vehicle to which this Schedule applies as if wherever the words “see regulation 4(11) of Schedule 1B” appear in column (6) there were substituted “30.12.1993”.

Section 2

(1) This Part of this Schedule applies to a vehicle on or after 31st December 1992 if it fulfils the following four requirements, namely—

(a) it was manufactured on or after 1st September 1990 and before 1st September 1992;

(b) either—

(i) a certificate of conformity was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a type vehicle in respect of which a TAC had been issued before 1st July 1992; or

(ii) a sub-MAC was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a vehicle in respect of which a MAC had been issued before 1st July 1992;

(c) it was in the territory of a member State at some time before 31st December 1992; and

(d) it was manufactured at a time when, out of all the relevant vehicles in existence on 31st December 1992, not more than the specified number had been manufactured.

(2) For the purposes of this paragraph, in relation to a vehicle (“the vehicle in question”),—

(a) “the specified number” is 10 per cent of the total number of vehicles to which these Regulations apply that were both—

(i) manufactured by the manufacturer of the vehicle in question; and

(ii) registered during the period beginning on 31st December 1991 and ending on 30th December 1992.

(b) a “relevant vehicle” is a vehicle which—

(i) was manufactured by the manufacturer of the vehicle in question; and

(ii) satisfies the requirements of sub-paragraphs (a), (b) and (c) of paragraph 2(1) above; but

(iii) had not been registered before 31st December 1992.

(3) In this paragraph—

“MAC” means a Minister’s approval certificate not being a sub-MAC;

“sub-MAC” means a Minister’s approval certificate issued by virtue of section 58(4) of the Road Traffic Act 1988; and

“TAC” means a type approval certificate.

(4) For the purposes of this paragraph—

(a) a reference to a vehicle conforming with another vehicle is a reference to a vehicle conforming with another vehicle as respects the relevant aspects of design, construction, equipment and marking;

(b) a TAC relates to a vehicle where a certificate of conformity has been issued on the basis of the vehicle conforming with a type vehicle in respect of which the TAC was issued; and

(c) a MAC relates to a vehicle where a sub-MAC has been issued on the basis of the vehicle conforming with another vehicle in respect of which the MAC was issued.