S.I. No. 158/2009 - European Communities (Road Vehicles: Type-approval) Regulations 2009

ARRANGEMENT OF REGULATIONS

Part 1 Preliminary and General

1.

2.

3.

4.

5.

6.

Part 2 EC Type-Approval

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Part 3 Unsafe or Harmful Vehicles and Vehicle Parts

17.

18.

Part 4 National Approvals

19.

20.

21.

22.

23.

24.

Part 5 Enforcement

25.

26.

Part 6 Miscellaneous

27.

28.

29.

30.

31.

32.

33.

34.

SCHEDULES

Schedule 1 Type-Approval Directives.

Schedule 2 Commencement, Revocations and Amendments.

Schedule 3 Requirements for the Issue of National Approvals.

Schedule 4 Maximum Permitted Numbers of Vehicles for National Small Series Type-Approval.

Schedule 5 Forms of Certificate: National Small Series Type-Approval and Individual Approval.

Schedule 6 Amending European Communities Regulations.

Schedule 7 Individual Approval: Certain Varieties of Vehicle.

S.I. No. 158 of 2009

EUROPEAN COMMUNITIES (ROAD VEHICLES: TYPE-APPROVAL) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 (as amended by the European Communities Act 2007 (No. 18 of 2007)) of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 ¹ (as amended by the Regulations of the European Communities specified in Schedule 6), and the Directives specified in Schedule 1, and further effect to the Regulations of the European Communities specified in Schedule 1, in so far as those Directives and Regulations of the European Communities apply to the type-approval of motor vehicles, trailers and components specified in Directive 2007/46/EC, and for the purpose of giving further effect to Articles 11 and 13 of Regulation (EC) No. 715/2007 of the European Parliament and of the Council, ² hereby make the following Regulations:

Part 1 Preliminary and General

Citation and commencement

• (2)
• (a) Subject to paragraph (b), these Regulations come into operation on 29 April 2009.

• (b) In their application to vehicles of the types and in the circumstances specified in column (1) of the table in Schedule 2, these Regulations come into operation:

• (i) in the case of a new type of vehicle of class M1, on 29 April 2009;

• (ii) in the context of Article 45(3) of the Framework Directive, in the case of a new type of vehicle of the relevant class and circumstance, other than a vehicle of class M1, on the date specified in column (4) of the table in Schedule 2;

• (iii) in the case of an existing type of vehicle of the relevant class and circumstance, on the date specified in column (4) of the table in Schedule 2; and

• (iv) in the case that a manufacturer has obtained from the Approval Authority an approval under these Regulations at a date earlier than that manufacturer was obliged to do so in respect of the relevant type of vehicle and circumstance by reference to subparagraph (b)(ii) and column (4) of the table in Schedule 2, in respect of that application and any consequent approval only, on the date of that application.

Scope

• (a) the type-approval of:

• (i) a vehicle that is designed and constructed in one or more stages for use on a road, and

• (ii) systems, components and separate technical units designed and constructed for such a vehicle;

• (b) the individual approval of:

• (i) a vehicle to which subparagraph (a) applies, and

• (ii) a vehicle that has been the subject of type-approval for the purposes of the Framework Directive and which has, prior to its first registration or entry into service after the grant of that type-approval, been modified; and

• (c) parts and equipment intended for a vehicle to which subparagraph (a) applies.

• (2) These Regulations do not apply to:

• (a) agricultural or forestry tractors as defined in Directive 2003/37/EC of the European Parliament and of the Council ³ and trailers designed and constructed specifically to be towed by them;

• (b) two-wheeled or three-wheeled vehicles, or quadricycles as defined in Directive 2002/24/EC of the European Parliament and of the Council; ⁴ or

• (c) tracked vehicles.

• (3) Where paragraph (4) applies, these Regulations apply to a vehicle of any of the following types to the extent that that vehicle comes within the requirements of the Framework Directive:

• (a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

• (b) vehicles that are designed and constructed for use by the Defence Forces, Civil Defence, fire services or the Garda Síochána; and

• (c) mobile machinery.

• (4) This paragraph applies where:

• (a) a manufacturer makes an application under Regulation 7, Regulation 15, Regulation 19 or Regulation 23 or makes a notification under Regulation 24; and

• (b) where an application is made under Regulation 23 or notification is made under Regulation 24, at the date of that application or notification:

• (i) the vehicle has not been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles, or

• (ii) where the vehicle is not so registrable, no EC certificate of conformity, national small series certificate of conformity or individual approval certificate has effect with respect to the vehicle and it has not been put into service on a road.

• (5) Where paragraph (6) applies, these Regulations apply with the exception of Part 2, Part 3 and Regulations 19 to 22, to:

• (a) vehicles intended exclusively for racing on roads;

• (b) prototypes of vehicles which have been specially designed and constructed for use on the road under the responsibility of a manufacturer for the purpose of performing a specific test programme.

• (6) This paragraph applies where:

• (a) a manufacturer makes an application under Regulation 23 or makes a notification under Regulation 24 in respect of a vehicle described in paragraph (5); and

• (b) at the date of that application or notification, as the case may be:

• (i) the vehicle has not been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles, or

• (ii) where the vehicle is not so registrable, no EC certificate of conformity or national small series certificate of conformity has effect with respect to the vehicle and it has not been put into service on a road.

• (7) Paragraph (3) is without prejudice to the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ).

Interpretation

“1978 Regulations” means the European Communities (Motor Vehicles Type-approval) Regulations 1978 ( S.I. No. 305 of 1978 );

“1982 Regulations” means the Road Vehicle (Registration and Licensing) Regulations 1982 ( S.I. No. 311 of 1982 );

“1992 Regulations” means the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );

“2009 (No. 1) Regulations” means the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 );

“approval authority” has the meaning given by Article 3(29) of the Framework Directive and, unless the context requires otherwise, includes the Approval Authority;

“Approval Authority” has the meaning given to it by Regulation 4;

“approval” means type-approval and individual approval;

“authorised officer” means a person authorised by the RSA under Regulation 25 or an officer of the Revenue Commissioners authorised under section 858 of the Taxes Consolidation Act 1997 (No. 39 of 1997);

“certificate of conformity” means the document that has been issued by the manufacturer in the prescribed format and which certifies that a vehicle belonging to the relevant type that has been approved in accordance with the Framework Directive or these Regulations complied with all applicable regulatory acts at the time of its production, and includes an EC certificate of conformity and a national small series certificate of conformity;

“component”, in relation to a vehicle, means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved independently of a vehicle where the regulatory act makes express provisions for so doing;

“Directive 70/156/EEC” means Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (as amended);

“distributor” has the meaning given by Regulation 4 of the 1992 Regulations;

“disabled person’s vehicle” is a vehicle that is adapted or specially constructed so as to enable a person who has a disability to travel in the vehicle, whether as the driver or a passenger, in safety and reasonable comfort;

“EC certificate of conformity” means a certificate that has been completed in accordance with, as the case may be:

• (a) Article 18 of the Framework Directive in the form set out in Annex IX of the Framework Directive, or

• (b) Article 22 of the Framework Directive;

“EC type-approval” has the meaning given by Article 3 of the Framework Directive and includes:

• (a) type-approval for a vehicle pursuant to Article 9 or Article 22 of the Framework Directive, including any amendments to that approval (“EC vehicle type-approval”), and

• (b) type-approval for a system, component or separate technical unit pursuant to Article 10 of the Framework Directive, including any amendments to that approval (“EC system, component or separate technical unit type-approval”);

“EC type-approval (small series)” means EC type-approval pursuant to Article 22 of the Framework Directive for vehicles registered, sold or put into service in any year within the quantitative limits set out in section 1 of Part A of Annex XII to the Framework Directive;

“EC vehicle type-approval certificate” means the certificate issued by an approval authority for a vehicle type as defined in Article 3 of the Framework Directive in the form set out in Annex VI to the Framework Directive;

“EEA agreement” means the Agreement on the European Economic Area signed in Oporto on 2 May 1992 as adjusted by the protocol signed at Brussels on 17 March 1993;

“EEA Member State” means a state that is a contracting party to the EEA Agreement;

“Entry into Service Regulations” means the European Communities (Road Vehicles: Entry into Service) Regulations 2009 ( S.I. No. 157 of 2009 );

“Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (as amended by the Regulations of the European Communities specified in Schedule 6);

“functions” includes powers and duties and references to the performance of functions includes, as respects powers and duties, references to the exercise of functions and the carrying out of duties;

“incomplete vehicle certificate of conformity” is a certificate of conformity relating to an incomplete vehicle;

“incomplete vehicle” has the meaning given by Article 3 of the Framework Directive;

“individual approval certificate” means the certificate issued by an approval authority of any Member State for an approval of a vehicle granted pursuant to Article 24 of the Framework Directive, or by the Approval Authority under Regulation 23;

“individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by these Regulations;

“information document”, in relation to a particular provision of these Regulations, means the appropriate document:

• (a) completed and provided by the applicant for the purpose of that provision, and

• (b) in the form prescribed by Annex III of the Framework Directive or by the Approval Authority, as the case may be;

“manufacturer” has the meaning given by Article 3(27) of the Framework Directive, as read with Article 5 of that Directive, and includes a manufacturer’s representative;

“Member State” includes an EEA Member State and “approval authority” shall be construed accordingly;

“Minister” means the Minister for Transport;

“mutually-recognised approval” means an approval from the approval authority of another Member State that has been verified by the Approval Authority, for the purposes of these Regulations, as being equivalent to national small series type-approval or individual approval, as the case may be and, for the avoidance of doubt, does not include an EC vehicle type-approval;

“mutually-recognised certificate of conformity” means a certificate that a particular vehicle is the subject of a mutually-recognised approval;

“national small series certificate of conformity” means the certificate issued by the manufacturer and certifying that the vehicle belongs to the series of the type approved in accordance with the certificate issued by the Approval Authority for a vehicle type-approval granted pursuant to Article 23 of the Framework Directive;

“national small series type-approval certificate” means the certificate issued by the Approval Authority for a vehicle type-approval granted pursuant to Article 23 of the Framework Directive;

“national small series type-approval” means type-approval for vehicles registered, sold or put into service in any year within the quantitative limits specified in section 2 of Part A of Annex XII to the Framework Directive;

“registration” means registration of a vehicle under section 131 of the Finance Act 1992 (No. 9 of 1992);

“regulatory acts” means, subject to paragraph (3), any:

• (a) separate Community instrument;

• (b) UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive,

• (c) Directive or Regulation listed in a table in Annex XI to the Framework Directive, and

• (d) Regulation listed in Schedule 6.

“relevant aspects of design, construction, equipment or marking”, in relation to a vehicle, component, separate technical unit or system means those aspects of design, construction, equipment and marking that are the subject of a separate Community instrument;

“relevant vehicle”, in any regulation, means:

• (a) a vehicle to which these Regulations apply, or

• (b) where a part only of these Regulations applies, a vehicle to which that part of these Regulations applies;

“road” has the meaning given by section 2(1) of the Roads Act 1993 (No. 14 of 1993);

“RSA” means the Road Safety Authority established by section 3 of the Road Safety Authority Act 2006 (No. 14 of 2006);

“Schedule 7 vehicle” means a vehicle of a variety to which Schedule 7 applies;

“separate Community instrument” has the meaning given by Article 3(2) of the Framework Directive and includes the directives and regulations specified in Schedule 1;

“separate technical unit” means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved separately, but only in relation to one or more specified types of vehicle where the regulatory act makes express provisions for so doing;

“special purpose vehicle” has the meaning given in paragraph 5 of Part A of Annex II of the Framework Directive;

“system” means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of any of the regulatory acts;

“trailer” has the meaning given by Article 3(12) of the Framework Directive;

“type-approval mark” means a mark authorised by the Approval Authority under Regulation 5 in accordance with the appropriate separate Community instrument, to be applied in accordance with Regulation 10(3) and the Appendix to Annex VII of the Framework Directive;

“type-approval requirements” means the appropriate requirements, relating to the design, construction, equipment and marking of vehicles, components, separate technical units or systems, of the separate Community instruments;

“type-approval” means the process of certification that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative and technical requirements imposed by, or pursuant to, the Framework Directive, and includes EC type-approval, EC type-approval (small series) and national small series type-approval;

“unique reference number” means the number given by the manufacturer or, in the case of an individual approval, by the Approval Authority, to a particular vehicle at the time of approval, in accordance with the format prescribed by the Approval Authority;

“vehicle type” has the meaning assigned to it in Article 3(17) of the Framework Directive;

“vehicle type-approval certificate” means the certificate that is issued when a vehicle has been given a vehicle type-approval;

“vehicle type-approval” means the procedure whereby an approval authority certifies that a type of vehicle satisfies the relevant technical requirements of a regulatory act;

“vehicle” means a vehicle to which these Regulations apply and, for the avoidance of doubt, includes a trailer;

“wheelchair accessible vehicle” has the meaning given in paragraph 5.5 of Part A of Annex II of the Framework Directive.

• (2)
• (a) A word or expression that is used in these Regulations and which is also used in a directive or regulation of the European Communities that is referred to in these Regulations has, unless the contrary intention appears, the same meaning in these Regulations as it has in the directive or regulation in which reference to the particular word or expression is made.

• (b) For the avoidance of doubt, subparagraph (a) applies in respect of the Framework Directive.

• (3) Any reference in these Regulations, however phrased, to a requirement imposed under a regulatory act:

• (a) in the case of a UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive, is a reference to a requirement imposed by that Regulation including the amendments specified in relation to it in the third column of that table,

• (b) is to be construed in accordance with any explanation or qualification of the act or its requirements contained in Annex IV or XI to the Framework Directive, and

• (c) is not to be construed as imposing a requirement contained in a provision of the act for which the time for implementation has not passed.

• (4) In these Regulations, unless the context requires otherwise, a reference to:

• (a) a national small series type-approval,

• (b) a national small series type-approval certificate,

• (c) an individual approval, or

• (d) an individual approval certificate,

is a reference to a relevant approval or certificate granted or issued by the Approval Authority.

Approval Authority

• (2) The Approval Authority shall perform the functions and have the powers and responsibilities conferred upon it by the Framework Directive and by these Regulations.

• (3) Where the Approval Authority designates a technical service for the purposes of Chapter XVI of the Framework Directive, the authority must comply with the requirements of Articles 41 to 43 of the Framework Directive.

• (4) The Approval Authority may:

• (a) provide and maintain places where examinations of vehicles, components, separate technical units and systems to which these Regulations apply may be carried out for the purposes of these Regulations and may provide and maintain apparatus for carrying out such examinations; and

• (b) subject to such terms and conditions as the Approval Authority may specify consistent with these Regulations and with the Framework Directive:

• (i) appoint and engage any person, within the State or otherwise, from that other person’s own premises or otherwise, to assist the Approval Authority in performing any of the authority’s functions in respect of applications for national small series type-approval or individual approval, or the assessment or approval of such applications, or to assist the Approval Authority in respect of any part of such procedures and assessments, and

• (ii) appoint and engage any consultant or adviser to assist the Approval Authority in the performance of any of the Approval Authority’s functions as the approval authority for the State.

Approval: general

• (2) The Approval Authority may approve only such vehicles, systems, components or separate technical units as satisfy the requirements of these Regulations and those of the Framework Directive.

• (3) No prohibition, restriction or impediment may be placed on the circulation on the road of a vehicle, component or separate technical unit, on grounds related to aspects of its construction and functioning covered by these Regulations and the Framework Directive, if that vehicle, component or separate technical unit (as the case may be) satisfies the requirements of these Regulations and those of the Framework Directive.

• (4) An application for approval must be made in the format that may be prescribed by the Approval Authority.

Obligations of manufacturer

• (2)
• (a) In the case of multi-stage type-approval, each manufacturer is responsible for the approval and conformity of production of the systems, components or separate technical units added at the stage of vehicle completion handled by that manufacturer.

• (b) A manufacturer that modifies components or systems already approved at earlier stages is responsible for the approval and conformity of production of those components and systems.

• (3) For the purposes of these Regulations, a manufacturer that is not established in a Member State must appoint a representative that is established in a Member State to represent the manufacturer before the Approval Authority.

Part 2 EC Type-Approval

Applications for EC type-approval

• (a) EC vehicle type-approval, or

• (b) EC system, component or separate technical unit type-approval,

must apply to the Approval Authority.

• (2) A manufacturer may not apply under paragraph (1) if that manufacturer has, at the time, applied in respect of that type of vehicle, system, component or separate technical unit:

• (a) under any other provision of these Regulations, or

• (b) in another Member State.

• (3) A manufacturer that applies under paragraph (1) may not apply for approval in respect of that type of vehicle, system, component or separate technical unit in any other Member State.

• (4) An application under paragraph (1) must:

• (a) be in writing; and

• (b) (i) in the case of an application for an EC vehicle type-approval, comply with any requirement made in pursuance of Article 6 of the Framework Directive, and

• (ii) in the case of an application for an EC system, component or separate technical unit type-approval, comply with any requirement made in pursuance of Article 7 of the Framework Directive.

• (5) Paragraphs (3) and (4) are subject to Regulation 15 in a case where that regulation applies.

Grant of EC type-approval: obligations of Approval Authority

• (a) subject to paragraph (2), make the decision whether to grant or refuse an application for EC type-approval in accordance with Articles 8 to 11 of the Framework Directive and any relevant regulatory acts, and

• (b) not grant an EC type-approval without first being satisfied that adequate arrangements have been made to ensure that production vehicles, systems, components or separate technical units conform to the approved type.

• (2) The Approval Authority:

• (a) may grant an EC system, component or separate technical unit type-approval in respect of a system, component or separate technical unit which incorporates technologies or concepts that are incompatible with a regulatory act; but

• (b) if the authority intends doing so, must comply with the requirements of Article 20 of the Framework Directive.

• (3) Where the Approval Authority decides to grant an EC type-approval the authority must issue an EC type-approval certificate in the form and manner specified in the Framework Directive, or, as the case may be, a relevant regulatory act, without unjustified delay. Such a certificate shall be numbered in accordance with the method prescribed by Article 8 of the Framework Directive.

• (4) The Approval Authority may, consistent with Article 10(4) of the Framework Directive, grant an EC system, component or separate technical unit type-approval subject to restrictions on the use, or conditions for the fitment, of the system, component or separate technical unit of the type to which the approval relates.

• (5) The Approval Authority may refuse to grant an EC vehicle type-approval if the authority is not satisfied that the applicant has made adequate arrangements to comply with the obligations imposed on an applicant by Regulations 9 to 12 and 13(2), (3) and (4).

• (6) The Approval Authority may refuse to grant an EC system, component or separate technical unit type-approval if the authority is not satisfied that the applicant has made adequate arrangements to comply with the obligations imposed on an applicant by Regulations 9 to 12 and 13(2), (3), (6) and (7).

• (7) Where the Approval Authority decides:

• (a) not to grant an EC type-approval, or

• (b) to grant an EC type-approval subject to restrictions or conditions of any kind,

notice of the decision must be given to the applicant unless paragraph (8) applies.

• (8) This paragraph applies where the applicant has, before the Approval Authority makes the decision, agreed to accept the grant of type-approval subject to the restrictions or conditions that are attached to the approval.

• (9) Following the grant of an EC type-approval the Approval Authority must comply with the requirements of Articles 8(5) to (8) and 12(1) and (2) of the Framework Directive.

• (10) No EC type-approval may be based or rely, in any respect, on any national small series type-approval or any individual approval, whether the relevant national approval is granted by the Approval Authority or by any other approval authority.

Amendments to EC type-approvals

• (2) Following receipt of a notification under paragraph (1) and consultation with the certificate-holder, the Approval Authority must determine whether an amendment is required to the type-approval certificate and notify the certificate-holder accordingly.

• (3) An application for the approval to be amended must be:

• (a) made in writing to the Approval Authority, and

• (b) accompanied by such documents as the Approval Authority requests.

• (4) Regulation 8 applies in respect of an application under this regulation as it applies in respect of an application for the first grant of an EC type-approval under Regulation 7.

• (5) The Approval Authority must comply with the requirements imposed on the authority in Articles 14 to 16 of the Framework Directive and the holder of the EC type-approval certificate must co-operate with the Approval Authority where co-operation is necessary to facilitate such compliance.

EC certificates of conformity and approval marks

• (a) in the case of a holder of an EC vehicle type-approval, Article 18, and

• (b) in the case of a holder of an EC system, component or separate technical unit type-approval, Article 19.

• (2) The holder of an EC vehicle type-approval granted by the Approval Authority must:

• (a) keep a record, in relation to each EC certificate of conformity issued by that holder, of:

• (i) the serial number of the certificate,

• (ii) the identification number of the vehicle in respect of which the certificate is issued, and

• (iii) the Community reference numbers of all regulatory acts with which the vehicle conforms, and

• (b) retain all such records for 10 years commencing on the date of issue or for such lesser period as the Approval Authority may from time to time agree in writing.

• (3)
• (a) The manufacturer of a component or separate technical unit, whether or not it is part of a system, shall affix to each component or separate technical unit manufactured in conformity with the approved type the type-approval mark, required by the relevant separate Community instrument.

• (b) Where no type-approval mark is required, the manufacturer shall affix at least the manufacturer’s trade name or trade mark, and the type number or an identification number, or both the type number and an identification number.

• (c) The type-approval mark must be in accordance with the Appendix to Annex VII of the Framework Directive.

• (4) A person must not use on a component or separate technical unit of a vehicle a mark which would be liable to cause confusion between a component or separate technical unit in respect of which a type-approval mark has been issued and is in force and another component or separate technical unit.

Tests and associated checks

• (a) comply with the undertaking, and

• (b) keep a record of the results obtained from such tests and associated checks and retain the records for 10 years commencing on the date of the test or check in question or for such lesser period as the Approval Authority may from time to time agree in writing.

Duty to co-operate with Approval Authority

Information for users and other manufacturers

• (2) Where a regulatory act so provides, a manufacturer must make available to users of vehicles, systems, components or separate technical units, as the case may be, all information relevant to the needs of users and necessary instructions describing any special conditions or restrictions attaching to the use of a vehicle, system, component or a separate technical unit.

• (3) The information referred to in paragraph (2):

• (a) must be made available in the official languages of the European Community, and

• (b) where the Approval Authority agrees, may be provided in an appropriate supporting document, such as the owner’s manual or the maintenance book.

• (4) Subject to paragraph (5), a manufacturer of a vehicle must make available to a manufacturer of any system, components or separate technical unit all those particulars (including any drawings specifically listed in an annex or appendix to a regulatory act) that are necessary for obtaining:

• (a) an EC system, component or separate technical unit type-approval, or

• (b) an authorisation:

• (i) granted by the Approval Authority under Regulation 17, or

• (ii) granted pursuant to Article 31 of the Framework Directive by an approval authority other than the Approval Authority,

• (5) A manufacturer of a vehicle may impose a binding agreement on a manufacturer of a system, component or separate technical unit to protect the confidentiality of any information that is not in the public domain, including information that is related to intellectual property rights.

• (6) The holder of an EC system, component or separate technical unit type-approval that:

• (a) has been granted by the Approval Authority, and

• (b) is subject to restrictions on the use of the system, component or unit or any special conditions of fitment (or both together) under Regulation 8(4),

must not supply the system, component or separate technical unit to a vehicle manufacturer unless it is accompanied by a document setting out those restrictions or conditions.

• (7) Where a regulatory act so provides, the manufacturer of a component or separate technical unit must provide, with that component or separate technical unit, instructions regarding any restriction on its use or special conditions of fitment (or both together).

• (8) Breach of an obligation imposed by paragraph (1), (2), (4), (6) or (7) is actionable to the extent that damage is caused to any person.

Withdrawal or suspension of EC type-approval

• (2) The Approval Authority may withdraw or suspend an EC type-approval by notice to the holder of that approval where the authority is satisfied that a vehicle, system, component or separate technical unit:

• (a) is accompanied by a certificate of conformity or bears a type-approval mark, and

• (b) fails to conform to the approved type.

• (3) The Approval Authority may not withdraw or suspend an EC type-approval unless the authority (or a person acting on behalf of the authority) has made an examination of at least two (or, if a separate Community instrument specifies a greater number, that greater number of):

• (a) vehicles associated with a single EC vehicle type-approval granted by the Approval Authority, or

• (b) systems, components or separate technical units associated with a single EC system, component or separate technical unit type-approval, granted by the Approval Authority.

• (4) If, as a result of the Approval Authority carrying out (with or without the co-operation of another Member State) the obligations of the State under Article 12(2) of the Framework Directive in respect of an EC type-approval which the Approval Authority has issued, the authority is satisfied that:

• (a) the arrangements made by the holder of the approval for ensuring that production vehicles, systems, components or separate technical units conform to the approved type no longer continue to be adequate, or

• (b) the holder has otherwise failed to comply with a requirement imposed on the holder of an approval by or under Regulations 7 and 9 to 12,

the Approval Authority may suspend the EC type-approval by notice given to the holder.

• (5) If the Approval Authority is considering withdrawing or suspending an EC type-approval the authority must give the holder of the approval notice of that consideration.

• (6) Where the Approval Authority gives notice to the holder under paragraph (5):

• (a) the holder may, within the period of 28 days beginning with the day on which the notice is given, make representations concerning the proposed withdrawal or suspension,

• (b) the Approval Authority must not make a decision on the withdrawal or suspension of the approval until that period has expired, and

• (c) before deciding whether or not to withdraw or suspend the approval, the Approval Authority must take into account any representations made by the holder during that period.

• (7) If the holder of an EC type-approval that has been suspended under this regulation purports by virtue of that approval to:

• (a) issue an EC certificate of conformity with respect to a vehicle, or

• (b) affix a type-approval mark to a component or separate technical unit,

the certificate or mark is invalid but a suspension does not affect the validity of any certificate of conformity issued before the approval was suspended.

• (8) A suspension remains in force until it is revoked by the Approval Authority.

• (9) The Approval Authority may, by notice under paragraph (5) or by subsequent notice given to the holder, exempt from paragraph (7) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.

• (10) If, following a request by the holder, the Approval Authority refuses to exercise powers under paragraphs (8) or (9) in respect of an EC type-approval that has been suspended under this regulation, the authority must give notice of that decision to the holder.

• (11) The Approval Authority must:

• (a) inform all other Member States of any measures that the authority has taken under this regulation;

• (b) comply with the obligations imposed on a Member State (or on the approval authority of that state) by Article 30(1), (3), (4) and (5) of the Framework Directive.

• (12)
• (a) If the manufacturer of a vehicle or component in respect of which an EC type-approval certificate or type-approval mark has been issued and is in force proposes to cease manufacturing the vehicle or component, or so to alter the manufacture that any information supplied in the relevant information document is no longer correct, the manufacturer or its representative shall:

• (i) as soon as possible, notify the Approval Authority in writing of the proposal, indicating the date when the manufacture is to cease or the alteration is to be made, and

• (ii) not later than 14 days after the manufacture ceases or the alteration is made, notify the Approval Authority in writing of that fact, giving the relevant date and, if appropriate, the frame or chassis number of the last such vehicle manufactured or the component or serial number (if any) of the last such component manufactured.

• (b) If the Approval Authority considers that an alteration of manufacture does not require an amendment to the existing type-approval certificate or completion of a substitute type-approval certificate, it shall so inform the manufacturer and shall send to the competent authorities of the other member States in periodic batches copies of amendments to information documents already distributed.

• (13) For the purposes of this regulation:

• (a) a vehicle is associated with an EC vehicle type-approval if an EC certificate of conformity relating to that type-approval has been issued in respect of that vehicle, and

• (b) a system, component or separate technical unit is associated with an EC system, component or separate technical unit type-approval if it bears an EC type-approval mark which relates to that type-approval.

EC type-approval of small series

• (2) If the Approval Authority does not make the decision whether to grant or refuse EC type-approval wholly in accordance with Articles 8 to 11 of the Framework Directive and any relevant regulatory acts, the authority must not grant that approval without being satisfied that:

• (a) the requirements of Article 22(1) of the Framework Directive have been met, and

• (b) the requirements of Article 18(6) of the Framework Directive will be met.

• (3) Upon granting that EC type-approval (small series), the Approval Authority must issue to the manufacturer an EC type-approval certificate which complies with Article 22(3) of the Framework Directive.

• (4) The holder of an EC type-approval (small series) must, during each year of production, issue certificates of conformity which comply with Article 18(6) of the Framework Directive.

• (5) In this regulation, “year”, in respect of any particular EC type-approval (small series), means, as the case may be, the period of one year from the date of issue of the first EC small series certificate of conformity based on that EC type-approval (small series), and the period of one year from each anniversary of that date of first issue of an EC small series certificate of conformity in respect of that approved type.

Validity of EC type-approvals

• (a) a new requirement imposed by a regulatory act becomes a mandatory condition for the registration, sale or entry into service of the vehicle,

• (b) production of the vehicle is voluntarily discontinued, or

• (c) it expires by virtue of a special restriction to which it is subject.

• (2) An EC type-approval does not cease to be valid in relation to a class of vehicles by virtue of paragraph (1)(a) if, at the date on which the new requirement becomes a mandatory condition, it has been updated to ensure that that class of vehicles complies with the new requirement.

• (3) An EC type-approval which applies to vehicles of more than one class ceases to be valid only with respect to those classes of vehicle to which the circumstances described in paragraph (1)(a), (b) or (c) apply.

• (4) Where an EC type-approval granted by the Approval Authority is about to become invalid the holder must inform the Approval Authority of that fact without delay.

• (5) Where the Approval Authority becomes aware that an EC type-approval is about to become invalid the authority must inform the approval authority in each other Member State of all the relevant details, as soon as reasonably practicable.

• (6) Except as provided in:

• (a) paragraph (7), and

• (b) the Entry into Service Regulations,

an EC certificate of conformity has no effect for the purposes of Part 2 of these Regulations if the type-approval under which it is issued has ceased to be valid with respect to the vehicle in respect of which it is issued.

• (7) In this regulation:

“EC type-approval” means a type-approval granted under:

• (a) the 1978 Regulations,

• (b) the 2009 (No. 1) Regulations, or

• (c) under these Regulations;

“EC certificate of conformity” includes, as well as any certificate of conformity within the meaning of Article 3(36) of the Framework Directive:

• (a) a certificate of conformity issued in accordance with the 1978 Regulations,

• (b) a certificate of conformity issued in accordance with the 2009 (No. 1) Regulations, and

• (c) a certificate of conformity issued under the law of a Member State other than the State in accordance with Directive 70/156/EEC.

Part 3 Unsafe or Harmful Vehicles and Vehicle Parts

Parts and equipment which may pose a significant risk to the correct functioning of essential systems

• (a) the Approval Authority in accordance with this regulation, or

• (b) the approval authority in a Member State other than the State, in accordance with Article 31 of the Framework Directive.

• (2) The manufacturer must send to the Approval Authority an application for approval and a test report drafted by a designated technical service each of which complies with Article 31(5) of the Framework Directive.

• (3) The Approval Authority must issue a certificate of authorisation to the manufacturer as soon as reasonably possible authorising the sale or entry into service of those parts or equipment if the authority is satisfied that:

• (a) the parts or equipment referred to in the application comply with the requirements of Article 31(4) of the Framework Directive, and

• (b) the manufacturer has in place suitable arrangements for ensuring effective control of the conformity of production of those parts or equipment.

• (4) A manufacturer who holds a certificate of authorisation must:

• (a) ensure that the part or equipment is produced under the conditions under which the certificate is issued,

• (b) inform the Approval Authority without delay of any change in those conditions, and

• (c) ensure that each part or piece of equipment that is sold or enters into service is marked in accordance with Article 31(6) of the Framework Directive.

• (5) If the Approval Authority believes that a part or equipment no longer complies with the conditions under which the certificate of authorisation was given the authority may:

• (a) withdraw the certificate of authorisation, or

• (b) require the manufacturer to bring the part or equipment back into conformity with those conditions.

• (6) If required to do so by the Approval Authority under paragraph (5)(b), the manufacturer must take any necessary measures to ensure that the part or equipment in question is brought back into conformity with the conditions under which the certificate of authorisation was issued.

Recall of vehicles

• (2) Where paragraph (1) applies, the manufacturer shall propose to the Approval Authority a set of appropriate remedies in accordance with Article 32(2) of the Framework Directive.

• (3) The Approval Authority may withdraw an EC vehicle type-approval if the manufacturer does not propose and implement effective remedies.

• (4) This regulation shall also apply to vehicle parts that are not subject to any requirement under a regulatory act.

Part 4 National Approvals

Applications for national small series type-approval

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

• (b) an amendment of a national small series type-approval which the manufacturer holds.

• (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.

• (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 Framework Directive but as if, in that article, the words “type-approval certificates under Article 23” were in each case substituted for “EC type-approval certificates”.

• (5) No national small series type-approval or amendment of such an approval may be based or rely, in any respect, on any individual approval, whether the individual approval is granted by the Approval Authority or by any other approval authority.

Grant of national small series type-approval

• (a) must make the decision whether or not to grant a national small series type-approval in accordance with Article 23 of the Framework Directive, and

• (b) may grant the approval only if it is satisfied that adequate arrangements have been made to ensure that production vehicles conform to the approved type.

• (2) For the purposes of paragraph (1)(a), the alternative requirements that are required to be laid down under Article 23(1) of the Framework Directive are the technical requirements specified in Parts 1 to 4 of Schedule 3.

• (3)
• (a) 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 paragraph (12).

• (b) Where the Approval Authority decides to refuse to grant or amend a national small series type-approval the authority must notify the applicant accordingly.

• (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 approval authority other than 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 State a vehicle manufactured in conformity with a national small series type-approval, the Approval Authority must supply:

• (a) to that person, or

• (b) to the approval authority in that Member State,

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 the provisions specified in paragraph (7).

• (7) The provisions to which paragraph (6) refers are Regulations 10(2), 11 and 12, but with the modifications specified in paragraph (9).

• (8) Regulation 14 (in so far as it applies to vehicle type-approvals) applies to:

• (a) the holder of a national small series type-approval, and

• (b) vehicles to which a national small series type-approval relates, but with the modifications specified in paragraph (9).

• (9) The relevant modifications are that:

• (a) Regulation 14(4)(b) is omitted,

• (b) for each reference in a regulation to an EC type-approval there is substituted a reference to a national small series type-approval,

• (c) for each reference in a regulation to an EC certificate of conformity there is substituted a reference to a national small series certificate of conformity, and

• (d) where a regulation (or any part of a regulation) has effect by reference to a provision of the Framework Directive, for any reference in that provision to an EC type-approval there is substituted a reference to a national small series type-approval.

• (10) The holder of a national small series type-approval must:

• (a) issue, in respect of each vehicle (whether incomplete, complete or completed) that is manufactured in conformity with that approval a certificate of conformity which complies with paragraph (13), and

• (b) observe, in relation to the certificate of conformity, the requirements set out in Article 18(1) (second subparagraph), 18(3) and 18(4) of the Framework Directive.

• (11) The Approval Authority may not grant a national small series type-approval to a vehicle if the effect of doing so would be to exceed the maximum permitted number of units that is prescribed for the type of vehicle in Schedule 4.

• (12) A national small series type-approval certificate must be in the form set out in Part 1 of Schedule 5 (or a form to the like effect).

• (13) A national small series certificate of conformity must be in the same format as that prescribed in Annex IX to the Framework Directive for an EC 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, except that:

• (a) the certificate must carry the heading “National Small Series Certificate of Conformity (Ireland)”;

• (b) for each reference to an EC type-approval there must be substituted a reference to a national small series type approval, and

• (c) for “EC type-approved”, in each place the expression occurs, there must be substituted “nationally type-approved”.

• (14) A manufacturer of a vehicle to which this regulation applies shall not manufacture more than the maximum permitted number for the relevant vehicle.

• (15) In this regulation:

“maximum permitted number”, for any type of vehicle, means the number shown in column (2) of the table in Schedule 4 in relation to the vehicle category to which that type belongs;

“year”, in respect of any particular national small series type-approval, means, as the case may be, the period of one year from the date of issue of the first national small series certificate of conformity based on that national small series type-approval, and the period of one year from each anniversary of that date of first issue of a national small series certificate of conformity in respect of that approved type.

Validity of national small series type-approvals

• (a) an amendment to the alternative requirements becomes a mandatory condition for the registration, sale or entry into service of the vehicle,

• (b) production of the vehicle is voluntarily discontinued, or

• (c) it expires by virtue of a special restriction to which it is subject.

• (2) A national small series type-approval does not cease to be valid by virtue of paragraph (1)(a) to the extent that it can be updated to ensure that any class of vehicles in respect of which it is granted complies with the amended alternative requirements.

• (3) A national small series type-approval which applies to vehicles of more than one class ceases to be valid only with respect to those classes of vehicle to which the circumstances described in paragraph (1)(a), (b) or (c) apply.

• (4) Except as provided in Regulation 23, a national small series certificate of conformity has no effect for the purposes of the Entry into Service Regulations if the type-approval under which it is issued has ceased to be valid with respect to the vehicle for which it is issued.

• (5) Without prejudice to Regulation 20(8), Regulation 14(12) applies as though in Regulation 14(12) “national small series type-approval certificate” were substituted for “EC type-approval certificate” on each occasion on which the latter occurs.

• (6) In this regulation, “alternative requirements” means the requirements specified in Regulation 20(2).

Recognition of national type-approvals (small series) granted in other Member States

• (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 19 (and may not be proceeded with if an application under that regulation is made later).

• (3)
• (a) Not later than 60 days 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-Irish type-approval (small series).

• (b) The Approval Authority must accept the non-Irish type-approval (small series) 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 State.

• (4) If Approval Authority accepts the non-Irish type-approval (small series) then, as soon as practicable, the Approval Authority must:

• (a) notify that fact to:

• (i) the applicant, and

• (ii) the competent authority in the Member State which granted it; and

• (b) issue a formal confirmation that the relevant non-Irish type-approval (small series) is accepted by the Approval Authority.

• (5) If the Approval Authority does not accept the non-Irish type-approval (small series) then, within 60 days of receipt of the application requesting the Approval Authority to accept the relevant non-Irish type-approval (small series), the Approval Authority must notify:

• (a) the applicant, and

• (b) the competent authority in the Member State which granted the non-Irish type-approval (small series),

that the Approval Authority does not accept that non-Irish type-approval (small series).

• (6) For the purposes of this regulation, and without prejudice to its entitlement to identify other grounds for the purposes of the Framework Directive, the Approval Authority has reasonable grounds to believe that the technical provisions under which the non-Irish type-approval (small series) was granted are not equivalent to those applying in the State 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 approval authority in the Member State which granted the approval) to ensure that production vehicles, systems, components or separate technical units covered by the non-Irish type-approval (small series) conform to the approved type, or

• (b) vehicles supplied in the State are constructed or adapted for use in left-hand traffic and use metric units of measurement for the speedometer.

• (7) For the avoidance of doubt, for the purposes of paragraph (6)(b), it shall be sufficient that the speedometers of the relevant vehicles use units of measurement other than metric in combination with metric units of measurement.

Individual approval

• (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:

• (i) the documents mentioned in the form as being so required, and

• (ii) the prescribed fee.

• (3) The Approval Authority may, if reasonably necessary, carry out an examination of the vehicle to which the application relates and, in that event, must, as soon as reasonably practicable after receiving the application, send to the applicant a notice stating:

• (a) the address 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.

• (4) The Approval Authority must make the decision whether or not to grant an individual approval in accordance with Article 24 of the Framework Directive and paragraph (5).

• (5)
• (a) For the purposes of paragraph (4) and subject to subparagraph (b), the alternative requirements that Article 24(1) of the Framework Directive requires to be imposed are the technical requirements specified in Part 5 of Schedule 3.

• (b) In the case of a Schedule 7 vehicle, the technical requirements mentioned in subparagraph (a) are those same technical requirements, subject to any modification of or addition to a technical requirement which modification or addition is stipulated in Part 5 of Schedule 3 as being applicable to a Schedule 7 vehicle.

• (6)
• (a) Where the Approval Authority decides to grant an individual approval the authority must issue a certificate which complies with paragraph (7).

• (b) Where the Approval Authority decides to reject an application for an individual approval the authority must notify the qualifying applicant of that decision.

• (7) An individual approval certificate must be in the form set out in Part 2 of Schedule 5 which is appropriate to the category of vehicle in respect of which it is issued (or a form to the like effect).

• (8) In this regulation, “qualifying applicant” means:

• (a) the manufacturer of the vehicle,

• (b) the owner of the vehicle, or

• (c) a person established in a Member State who is acting on behalf of the manufacturer or owner.

Recognition of individual approvals granted in other Member States

• (a) a non-Irish type-approval,

• (b) a certificate of conformity in respect of a non-Irish type-approval, or

• (c) a non-Irish individual approval,

should be a mutually-recognised approval, including for the purposes of the Entry into Service Regulations.

• (2) A notification to the Approval Authority under this regulation must be accompanied by:

• (a) a copy of the non-Irish type-approval, certificate of conformity in respect of a non-Irish type-approval or non-Irish individual approval certificate, and

• (b) a copy of the attachments to the non-Irish document,

and, in the case of a vehicle that has the benefit of an approval under Article 24 of the Framework Directive from the approval authority of a Member State other than the State, must include a statement from the approval authority that granted it of the technical provisions against which the vehicle was approved.

• (3) The Approval Authority must recognise a non-Irish type-approval, a certificate of conformity in respect of a non-Irish type-approval or a non-Irish individual approval, as the case may be, in respect of which notification has been given under paragraph (1), unless there are reasonable grounds to believe that the technical provisions under which the relevant approval was granted or certificate was issued are not equivalent to those applying in the State.

• (4)
• (a) For the purposes of paragraph (3), 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 State if (but not only if) the authority is not satisfied that the vehicle for which the application is made is constructed for use in left-hand traffic and uses metric units of measurement for the speedometer.

• (b) For the avoidance of doubt, for the purposes of subparagraph (a), it shall be sufficient that the speedometer of the relevant vehicle uses units of measurement other than metric in combination with metric units of measurement.

• (5) Where the Approval Authority decides that there are reasonable grounds to believe that the technical provisions under which the relevant approval was granted or certificate was issued are not equivalent to those applying in the State, the authority must notify:

• (a) the qualifying applicant, and

• (b) the Commissioners,

of that decision.

• (6) In this regulation:

“non-Irish individual approval” means an individual approval of that vehicle granted, pursuant to Article 24 of the Framework Directive, under the law of a Member State other than the State;

“non-Irish type-approval” means a type-approval granted by the approval authority of a Member State other than the State;

“qualifying applicant” has the meaning given in Regulation 23.

Part 5 Enforcement

Offences and prosecution

• (a) in making any application, supplying any information or producing any document for any purpose of or relating to any one or more of these Regulations, the Framework Directive or a separate Community instrument:

• (i) makes a statement or a declaration which that person knows to be false in a material particular or recklessly makes a statement or a declaration which is false in a material particular,

• (ii) produces, provides, sends or otherwise makes use of a document which that person knows to be false in a material particular or recklessly produces, provides or sends or otherwise makes use of a document which is false in a material particular,

• (b) falsifies test results to be submitted as part of an application for type-approval or in-service conformity,

• (c) withholds from the Approval Authority data or technical specifications that could lead to the recall or withdrawal of a type approval, or

• (d) refuses to allow the Approval Authority access to information, being access to information that the Approval Authority reasonably requires for the purposes of these Regulations.

• (2) A person commits an offence if he or she:

• (a) contravenes Regulation 11;

• (b) contravenes Regulation 14(12);

• (c) contravenes Regulation 17(1);

• (d) contravenes Regulation 18(1);

• (e) contravenes Regulation 20(10);

• (f) contravenes Regulation 20(14);

• (g) contravenes Regulation 21(5);

• (h) without reasonable excuse fails or refuses to comply with any request or requirement made by an authorised officer,

• (i) obstructs, impedes, interferes with or assaults an authorised officer in the exercise by that authorised officer of a power under these Regulations,

• (j) gives to an authorised officer information that is false or misleading in a material respect,

• (k) alters, suppresses, or destroys any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce, or

• (l) makes use of any defeat device.

• (3) In paragraph (2)(l) “defeat device” has the meaning given by Article 3(10) of Regulation (EC) No. 715/2007.

• (4)
• (a) An offence under these Regulations may be prosecuted summarily or on indictment.

• (b) A person guilty of an offence under these Regulations is liable:

• (i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, and

• (ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 12 months or both.