The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009

• Citation: S.I. 2009/3103
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 and come into force on 22nd December 2009.

Section 2 Preliminary

Schedule 2 (reduced pollution certificates and the reduced pollution requirements) to the Road Vehicles (Registration and Licensing) Regulations 2002 is amended in accordance with the following regulations.

Section 3 Amendments to paragraph 1 (interpretation of Schedule)

In paragraph 1, insert each of the following definitions at the appropriate place—

“prescribed declarations” means—

a declaration by the responsible person that the prescribed information is correct in relation to a particular eligible vehicle; and

a declaration by the person applying for the reduced pollution certificate that—

that same vehicle has not been modified so as to affect the gaseous emissions engine type approval; and

the information provided in accordance with paragraph 3(3) is correct;

“prescribed information” means the engine type reference of the vehicle, the number of the Gaseous Emissions Engine Type Approval Certificate with which the vehicle conformed on construction and the name and address of the manufacturer or import concessionaire of the vehicle;

“responsible person” means a person authorised to make a declaration on behalf of the manufacturer or import concessionaire of an eligible vehicle;

Section 4 Insertion of new paragraph 1A (specified cases)

After paragraph 1 insert—

Specified cases

(1A)

(1) Where in a particular case the Secretary of State so specifies, the determination of whether to issue a reduced pollution certificate upon an application in respect of an eligible vehicle shall only be made after a reduced pollution examination.

(2) A case which is specified under sub-paragraph (1) is referred to in this Schedule as a “specified case”.

Section 5 Amendments to paragraph 2 (applications for reduced pollution certificates)

In paragraph 2—

(a) at the end of sub-paragraph (1), insert “and shall be accompanied by the prescribed fee, the information specified in paragraph 3(3) and, except in a specified case, the prescribed information and the prescribed declarations”; and

(b) at the beginning of sub-paragraph (2), insert “In a specified case or where the applicant requests that a reduced pollution examination is carried out,”.

Section 6 Amendments to paragraph 5 (determination of applications etc. )

In paragraph 5—

(a) before sub-paragraph (1), insert—

(1) Except in a specified case or where the applicant requests that a reduced pollution examination is carried out, an authorised examiner shall, on the basis of the prescribed information and the prescribed declarations, determine whether to issue a reduced pollution certificate.

(b) in sub-paragraph (1)—

(i) omit “who has carried out a reduced pollution examination”;

(ii) for “the eligible vehicle” substitute “an eligible vehicle”;

(c) in sub-paragraph (3), omit “that he has examined”; and

(d) renumber all the sub-paragraphs except that inserted by paragraph (a) above accordingly.

Section 7 Amendments to paragraph 6 (contents of a reduced pollution certificate)

In paragraph 6 at the beginning of sub-paragraph (g), insert “if appropriate,”.

Section 8 Amendments to paragraph 8 (re-examination of an eligible vehicle etc.)

In paragraph 8 after sub-paragraph (3), add—

(4) For the purposes of this paragraph “re-examination” includes an examination of an eligible vehicle not previously examined.

Section 9 Amendments to paragraph 12 (appeal against refusal or revocation of a certificate)

In paragraph 12—

(a) in sub-paragraph (1), omit “following a reduced pollution examination”; and

(b) in paragraph (2)(a), for “paragraph 5(3)” substitute “paragraph 5(4)”.

Section 10 Amendments to paragraph 13 (prescribed fees)

In paragraph 13—

(a) before sub-paragraph (1), insert—

(A1) The prescribed fee for a determination of an application for a reduced pollution certificate, other than in a specified case or where the applicant requests that a reduced pollution examination is carried out, shall be £32.

(b) in sub-paragraph (1), for “sub-paragraphs (1) and (3) the prescribed fee for carrying out any examination” substitute “sub-paragraphs (2) and (3) the prescribed fee for a determination of an application for a reduced pollution certificate in a specified case or where the applicant requests that a reduced pollution examination is carried out in respect”.