The Motor Vehicles (Approval) (Amendment) Regulations 2004

Made: 8th March 2004

Laid before Parliament: 9th March 2004

Coming into force: 1st April 2004

The Secretary of State for Transport, in exercise of the powers conferred by sections 54, 61, 63 and 66 of the Road Traffic Act 1988[^f00001] and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Motor Vehicles (Approval)(Amendment) Regulations 2004 and shall come into force on 1st April 2004.

Preliminary

2

The Motor Vehicles (Approval) Regulations[^f00002] shall have effect with the following amendments.

Amendment of Regulation 3 (Interpretation)

3

• (1) Regulation 3(1) shall be amended as follows.

• (2) In the appropriate alphabetical position insert the following definitions—

• “category” has the same meaning as in Annex IIA of the 1970 Directive;
• “disabled person” means a person who has a disability (as defined in section 1 of the Disability Discrimination Act 1995[^f00003]);
• “disabled person’s vehicle” means a vehicle which is adapted or constructed so as to enable a disabled person to travel in it, whether as the driver or as a passenger, in safety and reasonable comfort;

Amendment of Regulation 5 (Approval requirements for relevant vehicles)

4

• (1) Regulation 5 shall be amended as follows.

• (2) For paragraph (2) there shall be substituted the following paragraph—

(2) The items in Schedule 3 numbered 3, 4, 10 and 13 shall not apply to relevant vehicles which are not Schedule 2 vehicles, except that item 10 shall apply to disabled person’s vehicles and vehicles that have been adapted to category M1.

• (3) For paragraph (8) there shall be substituted the following paragraph—

(8) A relevant vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act if at least one of the following three conditions are satisfied in relation to each applicable subject matter mentioned in Schedule 3 or 4— (a) the vehicle complies with the requirements set out in paragraph (1); (b) the requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations or by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements; (c) the vehicle has been issued with a Department’s approval certificate issued in accordance with Article 31A (4) or (5) of the Road Traffic (Northern Ireland) Order 1981[^f00004].

• (4) After paragraph (8) there shall be inserted the following paragraph—

(8A) A relevant vehicle which meets the technical requirements for permanent registration in another EEA State shall be treated as complying with all the requirements prescribed under section 54 of the 1988 Act, except to the extent that following an assessment of documentation where such is provided, the Secretary of State is unable to establish that the vehicle satisfies standards equivalent to those prescribed in relation to each applicable subject matter mentioned in Schedule 3 or 4.

Amendment of Regulation 6 (Application for Minister’s approval certificate)

5

• (1) Regulation 6 shall be amended as follows.

• (2) In paragraph (1) for the second word “for” there shall be substituted the word “of”.

• (3) For sub-paragraph 6 (b)(ii) there shall be substituted the following sub-paragraph—

(ii) in the case of a Schedule 2 vehicle (other than a left hand drive vehicle or a personally imported vehicle) and a disabled person’s vehicle, at the place where the examination took place for the purposes of the original application.

Amendment of Regulation 11 (form of certificate)

6

For the Table in regulation 11, there shall be substituted the following Table.

Amendment of Schedule 2

7

• (1) Schedule 2 shall be amended as follows.

• (2) Sub-paragraph 1(f) shall be deleted.

• (3) After sub-paragraph 2(1) there shall be inserted the following sub-paragraph—

(1A) A vehicle may also be treated for the purposes of these regulations as a personally imported vehicle if— (a) a person, who is a serving member of the Armed Forces, intends to import it into the United Kingdom within 12 months of the date of application for a Minister’s approval certificate; (b) that person, at the time of that application, 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(1) apply to that person.

• (4) After sub-paragraph 2(5) there shall be inserted the following definition—

(6) 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; except that a serving member of any of the reserve forces shall not be included within this definition.

• (5) Paragraph 6 shall be deleted.

Amendment of Schedule 3

8

For the Table in Schedule 3, there shall be substituted the Table set out in Schedule 1 of these Regulations.

Amendment of Schedule 4

9

For the Table in Schedule 4, there shall be substituted the Table set out in Schedule 2 of these Regulations.

Amendment of Schedule 5

10

For the certificate in Schedule 5, there shall be substituted the certificate set out in Schedule 3 of these Regulations.

Amendment of Schedule 6

11

• (1) In part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 3 shall be inserted the entries specified below.

• (a) In the reference to Seat belts in column (1), after the last entry—

• (b) In the reference to Tyres in column (1), after the entry of the Principal Directive—

• (c) In the reference to Interior fittings in column (1), after the last entry—

• (2) In Part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 4 shall be inserted the entries specified below.

• (a) In the reference to Exhaust emissions in column (1), after the last entry—

• (b) In the reference to Seat belts in column (1), after the last entry—

• (c) In the reference to Noise and silencers in column (1), after the last entry—

• (d) In the reference to Carbon dioxide emissions and fuel consumption in column (1), after the last entry—

• (e) In the reference to Frontal impact in column (1), after the entry of the Principal Directive—

• (3) In Part III of Schedule 6, in the third and fourth columns of the Table, for the references to ECE regulation in Schedule 4, shall be inserted the entry specified below.

• (a) In the reference to Exhaust emissions, after the last entry—

SCHEDULE 1 — APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES (REPLACING SCHEDULE 3)

1

No part of the steering control surface directed towards the driver which can be contacted by a sphere of 165mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5mm.

2

The steering control shall be designed, constructed and fitted so as not to embody components or accessories, including the horn control and other assemblies, capable of catching in the driver’s clothing or jewellery in normal driving movements.

3

The steering control and column assembly as fitted to the vehicle or the steering control itself shall offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. This requirement shall be treated as met if either—

• (a) the vehicle complies with the requirements of paragraph 5.2 of Annex 1 of Directive 74/297/EEC; or

• (b) the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC.

4

If the vehicle is one to which paragraph 2(c) or (d) applies and the engine by which it is propelled is run without a load at a fast idling speed—

• (a) the carbon monoxide content of the exhaust emissions from the engine shall not exceed 0.3% of the total exhaust emissions from the engine by volume;

• (b) the hydrocarbon content of the exhaust emissions from the engine shall not exceed 0.02% of the total exhaust emissions from the engine by volume; and

• (c) the lambda value shall be between the relevant limits.

5

Tyres on the same axle shall be of the same nominal size and of the same construction type. If radial tyres are fitted to the front axle, they shall also be fitted to the rear and if bias-belted tyres are fitted to the front axle, radial or bias-belted tyres shall be fitted to the rear.

6

Each wheel on each axle shall be equipped with a tyre which has a load capacity such that when the axle is loaded to its maximum permitted axle weight, the weight transmitted to the road surface by that tyre does not exceed that load capacity.

7

The speed capability of all tyres fitted shall be not less than the maximum design speed of the vehicle.

8

Windows, which open outwards from the external surface of the vehicle, shall have no forward facing exposed edge and shall not project beyond the extreme outer edge of the vehicle.

9

No jacking bracket shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it.

10

No exhaust pipe shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it, unless it terminates in a rounded edge having a radius of curvature of no less than 2.5 mm.

SCHEDULE 2 — APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES EXCEPT SCHEDULE 2 VEHICLES (REPLACING SCHEDULE 4)

SCHEDULE 3

Signed

Signed by authority of the Secretary of State

David Jamieson — Parliamentary Under Secretary of State, — Department for Transport — 8th March 2004

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Approval) Regulations 2001 (S.I. 2001/25).

Regulation 3 transfers the definition of a disabled person’s vehicle from Schedule 2 to Regulation 3 of the Regulations.

Regulation 4 substitutes a new paragraph for paragraph 5(2) of the Regulations, the effect of which is to remove the requirement of vehicles which have complied with the items in Schedule 4, from having to comply with the requirements of the items of the same subject matter in Schedule 3 (apart from item 10 in relation to disabled person’s vehicles and vehicles that have been adapted to category M1). Regulation 4 also substitutes a new paragraph for paragraph 5 (8) of the Regulations, to recognise certificates granted in accordance with the Northern Ireland single vehicle approval regime. A new paragraph (8A) has also been inserted to update the regulation relating to mutual recognition of equivalent standards in other EEA States.

Regulation 5 makes a minor corrective change and amends the requirement by which an applicant can request a further examination in respect of a further application.

Regulation 6 substitutes a new table into regulation 11.

Regulation 7 amends Schedule 2 of the Regulations. Disabled person’s vehicles are excluded from the meaning of “Schedule 2 vehicle” and will now be subject to the requirements in Schedule 4. Paragraph 2 of Schedule 2 is also amended, the effect of which is that a serving member of the Armed Forces will now be able to qualify as a personal importer, even if the vehicle has not been imported into the United Kingdom.

Regulation 8 substitutes a revised Schedule 3 into the Regulations. Various deregulatory, consequential and corrective changes are made to the Schedule on points of detail.

Regulation 9 substitutes a revised Schedule 4 into the Regulations. As Disabled person’s vehicles will now be subject to the Schedule 4 requirements, a number of consequential amendments have been made, together with other deregulatory and corrective changes on points of detail.

Regulation 10 substitutes a new certificate into the Regulations.

Regulation 11 updates the Schedule 6 list of Community Instruments and ECE Regulations.

These Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

A regulatory impact assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/03, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2093). A copy has been placed in the Library of each House of Parliament.

Footnotes

[^f00001]: 1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), section 63 was amended by S.I. 1992/3107.

[^f00002]: S.I. 2001/25.

[^f00003]: 1995 c. 50.

[^f00004]: S.I. 1981/154 (N.I.1).

[^f00005]: S.I. 1994/3117.

Editorial notes

[^key-b16231a466e557598cea7fa2c0b9a0ba]: Reg. 1 in force at 1.4.2004, see reg. 1

[^key-a4adae8b5646fb8b12a2f56c7b86584c]: Reg. 2 in force at 1.4.2004, see reg. 1

[^key-f4f68eb6d0c4c6b9cd60f303dca3c0ea]: Reg. 3 in force at 1.4.2004, see reg. 1

[^key-b3b0d384b9204b631e98391dac251164]: Reg. 4 in force at 1.4.2004, see reg. 1

[^key-611aae84a4f505e99d5ec07adff7cd9a]: Reg. 5 in force at 1.4.2004, see reg. 1

[^key-2b3c46b7e99b05d078b9bb709bf9cd69]: Reg. 6 in force at 1.4.2004, see reg. 1

[^key-c748737c1030c7fae28f15c80f7abd61]: Reg. 7 in force at 1.4.2004, see reg. 1

[^key-ecf06dd3f50a42cd922fcd67e7af68d1]: Reg. 8 in force at 1.4.2004, see reg. 1

[^key-a4188fd89fe8454e0eb146ec88953383]: Reg. 9 in force at 1.4.2004, see reg. 1

[^key-250329ef8ead6e0a1bd8c690cc4a5187]: Reg. 10 in force at 1.4.2004, see reg. 1

[^key-246efa2cd2ceba70e22fa39b4ccdaa5d]: Reg. 11 in force at 1.4.2004, see reg. 1

[^key-f5f6871d1439b0db5b84fb023e9c6200]: Sch. 1 in force at 1.4.2004, see reg. 1

[^key-29d07ad0a96518a87377a958f696fbc6]: Sch. 2 in force at 1.4.2004, see reg. 1

[^key-855c1e2187782af135f5def6859f1dcf]: Sch. 3 in force at 1.4.2004, see reg. 1