The Motor Vehicles (Designation of Approval Marks) Regulations 1979

Made: 30th August 1979

Laid before Parliament: 7th September 1979

Coming into Operation: 1st October 1979

The Minister of Transport in exercise of the powers under section 63(1) of the Road Traffic Act 1972[^f00001], and now vested in him[^f00002], and of all other enabling powers, and after consultation with representative organisations in accordance with the provisions of section 199(2) of that Act, hereby makes the following Regulations:—

Commencement and citation

1

These Regulations shall come into operation on 1st October 1979 and may be cited as the Motor Vehicles (Designation of Approval Marks) Regulations 1979.

Revocation

2

The Regulations specified in Schedule 1 are hereby revoked.

Interpretation

3

• (1) In these Regulations—

• “Contracting State” means a state which is a party to the International Agreement;

• “ECE Regulation” means a regulation annexed to the International Agreement;

• “Member State” means any State which is a member of the European Economic Community;

• “moped” has the same meaning as in regulation 46 of the Construction and Use Regulations 1978;

• “the International Agreement” means the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicle Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958[^f00003] as amended[^f00004] to which the United Kingdom is a party[^f00005].

• (2) A reference to a vehicle in category M1, M2, M3, N1, N2, or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in ECE Regulation 13 of 29th May 1969 as revised on 5th December 1973

• (3) A reference in these Regulations to a Schedule followed by a number is a reference to the Schedule so numbered to these Regulations.

• (4) A reference in these Regulations to provision being made by an ECE Regulation in relation to a marking is a reference to the provision being made in relation thereto by the International Agreement by virtue of that Regulation.

Approval marks required by ECE Regulations

4

• (1) The Minister of Transport hereby designates as approval marks the markings which, subject to paragraphs (2) and (3) of this Regulation, are in the forms shown in the diagrams in column (2) of Schedule 2, and of the sizes specified in the ECE Regulations specified in column (5) of that Schedule in relation to those markings, each such marking being a marking which—

• (a) relates to the motor vehicle or motor vehicle part specified in relation to that marking in column (3) of that Schedule, and is applied to the motor vehicle part, or to the motor vehicle itself, as indicated in relation to that marking in column (4) of that Schedule; and

• (b) is a marking for which the ECE Regulation specified in column (5) of that Schedule in relation to that marking makes such provision as is mentioned in section 63(1)(a) and (b) of the Road Traffic Act 1972 as respects that vehicle or part.

• (2) Where in relation to a marking shown in column (2) of Schedule 2 a numbered paragraph of Schedule 3 is specified in column (6) of Schedule 2 the requirements or permitted variations provided for in that paragraph shall apply to that marking.

• (3) Where—

• (a) under two or more of the ECE Regulations specified in column (5) of Schedule 2 a Contracting State has approved a motor vehicle or motor vehicle part as conforming to an approved type;

• (b) at least one of those ECE Regulations provides for the application to the motor vehicle or motor vehicle part of a common mark followed by the numbers of the ECE Regulations under which approval has been given; and

• (c) the United Kingdom has approved the use of a common mark in such cases,

the marking on the motor vehicle or motor vehicle part, as respects those aspects specified in column (3) of Schedule 2 in relation to those ECE Regulations, may consist of a diagram comprising—

• (i) the common features and numbers in the markings specified in column (2) of Schedule 2 in relation to those aspects, and

• (ii) a list (placed vertically to the right of the circle in the diagram) of the numbers of those ECE Regulations, and any features or numbers which are peculiar to any of the said markings.

Approval marks required by Community Instruments

5

• (1) The Minister of Transport hereby designates as approval marks the markings which, subject to paragraphs (2) or (3) of this Regulation, are in the forms shown in the diagrams in column (2) of Schedule 4, and are of the sizes specified in the Community Instruments specified in column (5) of that Schedule in relation to those markings, each such marking being a marking which—

• (a) relates to the motor vehicle or motor vehicle part specified in relation to that marking in column (3) of that Schedule, and is applied to the motor vehicle or motor vehicle part as indicated in relation to that marking in column (4) of that Schedule; and

• (b) is a marking for which the Community Instrument specified in column (5) of that Schedule in relation to that marking makes such provision as is mentioned in section 63(1)(a) and (b) of the Road Traffic Act 1972 as respects that part.

• (2) Where in relation to a marking shown in column (2) of Schedule 4 a numbered paragraph of Schedule 5 is specified in column (6) of Schedule 4 the requirements or permitted variations provided for in that paragraph shall apply to that marking.

• (3) Where—

• (a) under two or more of the Community Instruments specified in column (5) of Schedule 4 a Member State has approved a motor vehicle or motor vehicle part as conforming to an approved type;

• (b) at least one of those Community Instruments provides for the application to the vehicle or vehicle part of a common mark; and

• (c) the United Kingdom has approved the use of a common mark in such cases,

the marking on the vehicle or vehicle part as respects those aspects specified in column (3) of Schedule 4 in relation to those Community Instruments may consist of a diagram comprising—

• (i) a rectangle surrounding the letter “e” followed by the distinguishing letter or letters or number of the Member State which granted the approval mentioned in sub-paragraph (a) above,

• (ii) the number which related to such approval, and

• (iii) the symbols required by the Community Instruments under which such approval was granted.

6

The Secretary of State for Transport hereby designates as an approval mark in respect of a replacement exhaust system to which Commission Directive 81/334/EEC relates, or any component of such a system (other than fixing hardware and pipes) a clearly legible and indelible marking consisting of—

• (a) the trade mark or trade name of the manufacturer of the system or, as the case may be, the component;

• (b) the manufacturer's commercial description of the system or, as the case may be, the component;

• (c) the distinctive letters of the Member State whose competent authority granted type approval of the system or, as the case may be, the component as indicated in the footnote relating to paragraph 3.1.3 of Annex II of the said Commission Directive; and

• (d) the number of the certificate given by the competent authority of a Member State in accordance with paragraph 4.1 of Annex II of the said Commission Directive.

SCHEDULE 1 — REGULATIONS REVOKED BY REGULATION 2

SCHEDULE 2 — APPROVAL MARKS REQUIRED BY ECE REGULATIONS—REQUIREMENTS AND PERMITTED VARIATIONS