S.I. No. 556/2020 - European Union (Road Vehicles: Type-Approval and Market Surveillance) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st December, 2020.

Table of Contents

Part 1 PRELIMINARY AND GENERAL
1. Citation and commencement
2. Scope
3. Interpretation
4. Approval Authority
5. Market Surveillance Authority
6. Alternative requirements
Part 2 NATIONAL SMALL SERIES TYPE-APPROVAL AND NATIONAL INDIVIDUAL VEHICLE APPROVAL
7. Tests and inspections
8. Application for grant or amendment of national small series type-approval
9. Grant or amendment of national small series type-approval
10. Conformity of production
11. Validity of national small series type-approvals and individual vehicle approvals
12. National individual vehicle approval
13. Retention of certificates etc.
Part 3 WITHDRAWAL OR SUSPENSION OF NATIONAL SMALL SERIES TYPE-APPROVAL AND INDIVIDUAL VEHICLE APPROVAL
14. Withdrawal or suspension
Part 4 PLACING ON MARKET AND ENTRY INTO SERVICE
15. Placing on the market and entry into service
Part 5 ENFORCEMENT
16. Authorised officers
17. Offences and prosecution
Part 6 MISCELLANEOUS
18. Review
19. Service of notices
20. Revocations
21. Saving for applications made, approvals granted and certificates issued under 2009 Regulations
SCHEDULE 1
Individual Approval: Certain Varieties of Vehicle
SCHEDULE 2
Technical Requirements for Issue of National Small Series Approval and National Individual Vehicle Approval

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018¹ on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No. 715/2007 and (EC) No. 595/2009 and repealing Directive 2007/46/EC, hereby make the following regulations:

Part 1

PRELIMINARY AND GENERAL

Citation and commencement

1.

• (2) Regulation 17 shall come into operation on the day immediately following the day on which these Regulations are made.

Scope

2.

• (2) A vehicle which complies with the Framework Regulation or these Regulations shall not be prohibited from -

• (a) registration,

• (b) placement on the market, or

• (c) entry into service.

Interpretation

3.

“2009 Regulations” means the European Communities (Road Vehicles: Type-Approval) Regulations 2009 ( S.I. No. 158 of 2009 );

“approval authority” has the meaning given to it by Article 3(36) of the Framework Regulation and, unless the context otherwise requires, includes the Approval Authority;

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

“approved tester” means a person appointed by the Approval Authority in accordance with Regulation 4(3)(b)(i) to carry out tests and inspections under Part 2 and includes a technical service;

“authorised officer” means a person appointed by the Market Surveillance Authority under Regulation 16(1) as an authorised officer;

“Council Directive 96/53/EC” means Council Directive 96/53/EC of 25 July 1996² laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic as amended by -

• (a) Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002³ amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic,

• (b) Directive (EU) 2015/719 of the European Parliament and of the Council of 29 April 2015⁴ amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic,

• (c) Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019⁵ amending Council Directive 96/53/EC as regards the time limit for implementation of the special rules regarding maximum lengths for cabs delivering improved aerodynamic performance, energy efficiency and safety performance, and

• (d) Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019⁶ setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No. 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC;

“electronic communication” has the meaning given to it by section 2 of the Electronic Commerce Act 2000 (No. 27 of 2000);

“Framework Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018, and includes Commission Implementing Regulation (EU) 2020/683 of 15 April 2020⁷ implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

“information document” shall be construed in accordance with Regulation 8(3)(a);

“market surveillance authority” has the meaning given to it by Article 3(35) of the Framework Regulation and, unless the context otherwise requires, includes the Market Surveillance Authority;

“Market Surveillance Authority” has the meaning given to it by Regulation 5;

“Minister” means the Minister for Transport;

“mutually-recognised approval” means a national small series type-approval, or a national individual vehicle approval, granted by an approval authority other than the Approval Authority and which -

• (a) is accepted by the Approval Authority in accordance with Article 43(3) of the Framework Regulation, or

• (b) forms the basis for a permission granted by the Approval Authority under Article 46(3) of the Framework Regulation;

“national test report” shall be construed in accordance with Regulation 7;

“registration” means registration of a vehicle under section 131 of the Finance Act 1992 (No. 9 of 1992), and “registered” shall be construed accordingly;

“Schedule 1 vehicle” means a vehicle of a variety to which Schedule 1 applies;

“specified fee” means a fee of such amount as the Approval Authority considers to be equal to the amount of the costs incurred by it in relation to the application concerned and charged in accordance with the provisions of section 12 of the National Standards Authority of Ireland Act 1996 (No. 28 of 1996);

“technical requirements” means the requirements laid down in Schedule 1 or 2 applicable to the vehicle concerned;

“unique reference number” shall be construed in accordance with Regulation 15(5)(a).

• (2) A word or expression which is used in these Regulations and which is also used in the Framework Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Framework Regulation.

Approval Authority

4.

• (2) The Approval Authority shall perform the functions conferred upon it by the Framework Regulation, these Regulations and the unrevoked provisions.

• (3) For the purposes of performing any of its functions under the Framework Regulation, these Regulations or the unrevoked provisions, the Approval Authority may -

• (a) provide and maintain places where tests and inspections of vehicles, components, separate technical units, systems and parts and equipment may be carried out and may provide and maintain apparatus for carrying out such tests and inspections, and

• (b) subject to such terms and conditions as the Approval Authority may specify consistent with the Framework Regulation, these Regulations and the unrevoked provisions -

• (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 vehicle 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 Authority’s functions as the approval authority for the State.

• (4) In this Regulation, “unrevoked provisions”, means such of the provisions of the 2009 Regulations as are not revoked by Regulation 20(2).

Market Surveillance Authority

5.

• (2) The Market Surveillance Authority shall perform the functions conferred upon it by the Framework Regulation and these Regulations.

• (3) For the purposes of performing any of its functions under the Framework Regulation or these Regulations, the Market Surveillance Authority may -

• (a) provide and maintain places where tests and inspections of vehicles, components, separate technical units, systems and parts and equipment may be carried out and may provide and maintain apparatus for carrying out such tests and inspections, and

• (b) subject to such terms and conditions as the Market Surveillance Authority may specify consistent with the Framework Regulation and these Regulations -

• (i) appoint and engage any person, within the State or otherwise, from that other person’s own premises or otherwise, to assist the Market Surveillance Authority in performing any of the Authority’s functions under the Framework Regulation or these Regulations, and

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

Alternative requirements

6.

• (a) the administrative requirements laid down in Part 2;

• (b) the technical requirements.

Part 2 NATIONAL SMALL SERIES TYPE-APPROVAL AND NATIONAL INDIVIDUAL VEHICLE APPROVAL

Tests and inspections

7.

• (2) The fundamental elements of the appropriate tests and inspections, including the technical requirements for which compliance was verified by such tests and inspections, shall be recorded in a national test report.

• (3) A national test report shall be in a form specified by the Approval Authority.

• (4) The applicant for national small series type-approval or individual vehicle approval shall make available to the Approval Authority the vehicle that is required for the performance of the appropriate tests and inspections.

• (5) In the case of national small series type-approval, the appropriate tests and inspections shall be performed on a vehicle that is representative of the type of vehicle to be approved.

• (6) In the case of national individual vehicle approval, the appropriate tests and inspections shall be performed on the vehicle that is to be approved.

Application for grant or amendment of national small series type-approval

8.

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

• (b) subject to paragraph (9), an amendment of an existing national small series type-approval which the manufacturer holds.

• (2) An application under paragraph (1) shall comply with -

• (a) the step-by-step type-approval procedure,

• (b) the single-step type-approval procedure,

• (c) the mixed type-approval procedure, or

• (d) if the manufacturer concerned so requests and the Approval Authority thinks it appropriate to do so, the multi-stage type-approval.

• (3)
• (a) An application for national small series type-approval, or for an amendment of an existing national small series type-approval, shall be in a form specified by the Approval Authority and shall be accompanied by -

• (i) an information document, containing such particulars on the characteristics of the vehicle, the subject of the application, as is necessary for the Approval Authority to identify the type of vehicle concerned and to properly conduct the type-approval procedure,

• (ii) all data, drawings, photographs and other relevant information mentioned in the form as being required for the purposes of the application,

• (iii) a declaration by the manufacturer certifying that, in respect of the vehicle concerned -

• (I) no approval authority has refused to grant or amend national small series type-approval,

• (II) no approval authority has withdrawn or suspended national small series type-approval, and

• (III) the manufacturer has not revoked an application for the grant or amendment of national small series type-approval, and

• (iv) the specified fee.

• (b) The Approval Authority may, by notice in writing, request the applicant to provide any additional information in the context of the type-approval procedure and the applicant shall comply with that request as soon as is practicable after receiving the request.

• (4) An amendment referred to in paragraph (1)(b) may be in the form of a revision or an extension of the type-approval concerned.

• (5) An amendment referred to in paragraph (1)(b) shall be designated a revision where the Approval Authority decides that, notwithstanding a change in the particulars contained in the information document accompanying the existing national small series type-approval, the vehicle concerned continues to comply with the alternative requirements applicable to that type of vehicle and that, therefore, the appropriate tests and inspections do not require to be repeated.

• (6) An amendment referred to in paragraph (1)(b) shall be designated an extension where the Approval Authority decides that the particulars contained in the information document accompanying the existing national small series type-approval have changed and one or more than one of the following applies:

• (a) the appropriate tests and inspections are required to be repeated to verify continued compliance with the alternative requirements upon which the existing type-approval has been based;

• (b) any information in the national small series type-approval certificate, except for its attachments, has changed;

• (c) new requirements under the alternative requirements are applicable to the type of vehicle concerned.

• (7) A manufacturer who holds a national small series type-approval certificate in respect of a type of vehicle and who proposes to change the production of the vehicle concerned, so that the particulars supplied in the information document have changed, shall inform the Approval Authority in writing without delay.

• (8) No national small series type-approval may be based or rely, in any respect, on any individual vehicle approval.

• (9) An application under paragraph (1) which relates to an existing national small series type-approval which the manufacturer concerned holds may, where appropriate, consist of -

• (a) an amendment to the application by virtue of which such approval was obtained, or

• (b) an amendment to a previous application made in reliance on this paragraph and which relates to such approval,

and, in any such case, the other provisions of this Regulation shall, with all necessary modifications, be construed to take account of an application under paragraph (1) made in reliance on this paragraph.

• (10) In this Regulation -

“mixed type-approval” has the meaning given to it by Article 3(11) of the Framework Regulation but as if, in that Article, the words “national small series type-approval certificates” were substituted for “EU type-approval certificates”;

“step-by-step type-approval” has the meaning given to it by Article 3(9) of the Framework Regulation but as if, in that Article, the words “national small series type-approval certificates” were substituted for “EU type-approval certificates”;

“test and inspections” shall be construed in accordance with Regulation 7.

Grant or amendment of national small series type-approval

9.

• (2) The Approval Authority may grant or amend a national small series type-approval only where it is satisfied that the manufacturer has made adequate arrangements to -

• (a) ensure that production vehicles conform to the approved type, and

• (b) comply with its obligations under the Framework Regulation and these Regulations.

• (3) The Approval Authority shall, when granting or amending a national small series type-approval, require a manufacturer to give to it an undertaking in writing as to the establishment of specific procedures to ensure conformity of production.

Conformity of production

10.

• (2) The manufacturer shall comply with the undertaking.

• (3) The manufacturer shall keep a record of the results obtained from a relevant procedure and retain that record for not less than 10 years commencing on the date that the procedure was carried out or for such lesser period as the Approval Authority may, from time to time, agree in writing.

• (4) Where the Approval Authority has issued a national small series type-approval certificate in respect of a type of vehicle, it shall take the necessary measures to verify that the relevant procedures continue to be adequate so that vehicles in production continue to conform to the approved type.

• (5) The manufacturer shall -

• (a) permit the Approval Authority to take all necessary measures to verify that that manufacturer produces the vehicles in conformity with the approved type, and

• (b) co-operate with any person acting on behalf of the Approval Authority in connection with that verification, whether or not that person is an approved tester.

• (6) In this Regulation, “relevant procedure” means a procedure referred to in Regulation 9(3) that is the subject, or one of the subjects, of the undertaking.

Validity of national small series type-approvals and individual vehicle approvals

11.

• (b) The Approval Authority shall, as soon as is practicable after the 10th anniversary of the date of the grant or amendment of a national small series type-approval by it in accordance with Regulation 9 for vehicles of categories M2, M3, N2, N3 and O, verify that the type of vehicle complies with all of the alternative requirements that are relevant to that type.

• (2) Where the Approval Authority carries out the verification referred to in paragraph (1), it shall not be necessary for the appropriate tests and inspections referred to in Regulation 7 to be repeated.

• (3)
• (a) Subject to Article 89(1) of the Framework Regulation, a national small series type-approval shall become invalid in each of the following cases:

• (i) where new requirements applicable to the approved type of vehicle become mandatory for the making available on the market, registration or entry into service of the vehicle and the national small series type-approval cannot be amended in accordance with Regulation 9;

• (ii) where the Approval Authority, after carrying out a verification in accordance with paragraph (1)(a) or (b), concludes that the vehicle does not comply with all the alternative requirements that are relevant to that type;

• (iii) where the production of vehicles in conformity with the approved type of vehicle is definitively discontinued on a voluntary basis;

• (iv) where the national small series type-approval has been withdrawn in accordance with Regulation 14;

• (v) where the validity of the national small series type-approval certificate expires by virtue of a restriction to which it is subject;

• (vi) where the Approval Authority is satisfied that -

• (I) the national small series type-approval was based on false declarations or falsified test results, or

• (II) data were withheld which would have led to the refusal to grant that type-approval.

• (b) A type-approval which falls within subparagraph (a)(iii) shall continue to be valid for the purpose of registration or entry into service in so far as subparagraph (a)(i) does not apply in addition to subparagraph (a)(iii).

• (4) Where the national small series type-approval of only one variant within a type of vehicle or one version within a variant becomes invalid, the national small series type-approval of the type of vehicle concerned shall become invalid only in so far as the particular variant or version, as the case may be, is concerned.

• (5) Where the production of a particular type of vehicle is definitively discontinued, the manufacturer concerned shall notify the Approval Authority in writing without delay of the date of the discontinuance.

• (6) Paragraph (3)(a)(vi) shall, with all necessary modifications, apply to an individual vehicle approval.

National individual vehicle approval

12.

• (b) The application shall be -

• (i) completed so as to provide all the information reasonably required by the Approval Authority in relation to the vehicle the subject of the application, and

• (ii) accompanied by -

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

• (II) the specified fee.

• (2) The Approval Authority shall, as soon as is practicable after receiving the application, send to the applicant a notice stating the address at which the examination of the vehicle is to be carried out.

• (3) The Approval Authority shall decide whether to grant or refuse the application in accordance with Article 45 of the Framework Regulation and the technical requirements.

• (4)
• (a) Subject to subparagraph (b), for the purposes of paragraph (3), the alternative requirements that Article 45(1) of the Framework Regulation requires to be imposed are the technical requirements specified in Part 5 of Schedule 2.

• (b) The technical requirements referred to in subparagraph (a) also apply to a Schedule 1 vehicle subject to any modification or addition to any such requirement that is stipulated in Part 5 of Schedule 2 as being applicable to the Schedule 1 vehicle.

• (5) Where a national individual vehicle approval certificate issued in the State is lost or defaced, the owner of the vehicle to which the certificate relates may apply to the Approval Authority for a duplicate of that certificate.

• (6)
• (a) An application under paragraph (5) shall be -

• (i) in a form specified by the Approval Authority, and

• (ii) accompanied by the specified fee.

• (b) The Approval Authority may, by notice in writing, request the applicant to provide any additional information reasonably required by the Approval Authority to determine the application and the applicant shall comply with the request as soon as is practicable after receiving the request.

• (7) The Approval Authority shall ensure that the word “duplicate” is clearly visible on the face of a duplicate of a national individual vehicle approval certificate issued pursuant to an application under paragraph (5).

Retention of certificates etc.

13.

Part 3 WITHDRAWAL OR SUSPENSION OF NATIONAL SMALL SERIES TYPE-APPROVAL AND INDIVIDUAL VEHICLE APPROVAL

Withdrawal or suspension

14.

• (a) a vehicle is accompanied by a certificate of conformity and fails to conform to the approved type, or

• (b) the procedures established by a manufacturer for ensuring conformity of production are inadequate.

• (2) Where the Approval Authority is considering withdrawing or suspending a national small series type-approval, the Authority shall give the manufacturer a notice in writing of such consideration and setting out the reasons for such consideration.

• (3) Where the Approval Authority gives a notice under paragraph (2) -

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

• (b) the Approval Authority shall not make a decision on the withdrawal or suspension of the national small series type-approval until that period has expired, and

• (c) the Approval Authority shall, before deciding whether or not to withdraw or suspend the national small series type-approval, take into account any representations in writing made by the manufacturer within that period.

• (4) Where a national small series type-approval has been suspended under this Regulation in respect of a type of vehicle, a certificate of conformity issued by the manufacturer, on or after such suspension, in respect of a vehicle of that type is invalid.

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

• (6) The Approval Authority may, by a notice under paragraph (2) or by a subsequent notice in writing given to the manufacturer, exempt from paragraph (4) certificates of conformity, or classes of such certificates, specified in the notice.

• (7) Where the Approval Authority refuses to revoke a suspension under paragraph (5) or grant an exemption under paragraph (6) following a request in writing from the manufacturer to do so, the Authority shall, as soon as is practicable after making that decision in respect of a national small series type-approval, give notice in writing of that decision to the manufacturer.

• (8) Subject to paragraph (9), the Approval Authority may withdraw or suspend a national individual vehicle approval where the Authority is satisfied that -

• (a) the approval was based on false declarations or falsified test results, or

• (b) data were withheld which would have led to the refusal to grant that approval.

• (9) Where the Approval Authority is considering withdrawing or suspending a national individual vehicle approval under paragraph (8), paragraphs (2) and (3) shall apply to such consideration as if -

• (a) references in paragraphs (2) and (3) to “national small series type-approval” were references to “national individual vehicle approval”, and

• (b) references in paragraphs (2) and (3) to “manufacturer” were references to “owner of the vehicle concerned”.

Part 4 PLACING ON THE MARKET AND ENTRY INTO SERVICE

Placing on the market and entry into service

15.

• (2) Paragraph (1) shall not apply where a vehicle complies with the requirements of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

• (3)
• (a) Subparagraph (b) applies where a new vehicle to which the Framework Regulation applies or these Regulations apply -

• (i) is not constructed or adapted for use in left-hand traffic, or

• (ii) does not use metric units of measurement for its speedometer.

• (b) Technical adaptations shall be made to the new vehicle -

• (i) in order to ensure that the vehicle ceases to fall within subparagraph (a), and

• (ii) before any of the following occurs:

• (I) the vehicle is registered;

• (II) the vehicle enters into service;

• (III) the vehicle is made available on the market.

• (c) In subparagraph (b), “technical adaptations”, in relation to a new vehicle to which that subparagraph applies, means the adaptations specified, in items 20A, 35A, 52A and 66 of each of Tables 1 to 6 in Schedule 2, applicable to that vehicle.

• (4) Where a vehicle to which the Framework Regulation applies or these Regulations apply is required to be registered, the certificate of conformity or individual vehicle approval certificate, as the case may be, shall be produced at the time of first registration.

• (5) In the case of a new vehicle subject to type-approval, the manufacturer shall, in respect of the vehicle concerned -

• (a) notify the Approval Authority of the existence of the vehicle and obtain for that vehicle a unique reference number, and

• (b) retain evidence of this communication, in paper form or electronic form, for a period of not less than 10 years.

• (6) Where the Approval Authority makes a communication under Article 43(4) of the Framework Regulation, or decides to grant or refuse permission under Article 46(3) of the Framework Regulation, it shall notify the Revenue Commissioners accordingly.

• (7) The Revenue Commissioners shall notify the Approval Authority where a new vehicle is declared for registration and reliance is placed by the applicant on a mutually-recognised approval that is not included in a notification under paragraph (6).

• (8) Where paragraph (7) applies, the new vehicle shall not be registered, entered into service or sold until the Approval Authority has made a decision on whether the vehicle is subject to a mutually - recognised approval and has notified the Revenue Commissioners in accordance with paragraph (6).

• (9) Where a new vehicle is registered, has entered into service or has been sold on the representation or understanding that it is the subject of a mutually-recognised approval but in fact such vehicle is not the subject of such approval, then -

• (a) the registration of the vehicle may be cancelled,

• (b) if it has entered into service, the vehicle shall be withdrawn from service, and

• (c) if it has been sold, the buyer may, at his or her election, avoid the contract of purchase -

• (i) within 30 days of becoming aware that the vehicle is not the subject of a mutually-recognised approval, or

• (ii) within 90 days of a communication under Article 43(4) of the Framework Regulation or a decision to refuse permission under Article 46(3) of the Framework Regulation,

whichever is the later.

• (10) Where a vehicle to which the Framework Regulation applies or these Regulations apply is not required to be registered, the person who makes the vehicle available on the market shall -

• (a) send a copy of the certificate of conformity or national individual vehicle approval certificate along with the unique reference number, if applicable, for the vehicle concerned to the Approval Authority, and

• (b) retain evidence, in writing, of this communication for a period of not less than 10 years.

Part 5 ENFORCEMENT

Authorised officers

16.

• (2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer.

• (3) When exercising a power conferred on him or her under this Regulation, an authorised officer shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.

• (4) An appointment under subsection (1) may be revoked at any time by the Market Surveillance Authority.

• (5) An authorised officer may, for the purpose of ensuring that the Framework Regulation and these Regulations are being complied with, do any of the following:

• (a) require any economic operator to produce the type-approval certificate or certificate of conformity to the authorised officer in respect of any vehicle, system, component or separate technical unit;

• (b) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any vehicle, system, component, separate technical unit, parts or equipment to which the Framework Regulation or these Regulations applies or apply are or are likely to be found, and search and inspect the premises or place and such vehicle, system, component, separate technical unit, parts or equipment found there and any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment;

• (c) secure for later inspection any premises or place or part of it in which any such vehicle, system, component, separate technical unit, parts or equipment or any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment are kept or there are reasonable grounds for believing that such are kept;

• (d) require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as the authorised officer may reasonably require in relation to any entries in such books, documents or records;

• (e) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a legible form);

• (f) remove and retain such books, documents or records for such period as may be reasonable for further examination;

• (g) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;

• (h) require any person in charge of the premises or place to give him or her any information which he or she may reasonably require relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment;

• (i) take without payment of compensation any necessary samples of any vehicle, system, component, separate technical unit, parts or equipment;

• (j) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient.

• (4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.

• (5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (6) authorising such entry.

• (6) If, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Framework Regulation or these Regulations is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.

Offences and prosecution

17.

• (2) An economic operator shall not carry out any of the activities listed in Article 84(2) and (3) of the Framework Regulation.

• (3) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

• (4) A person who -

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

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

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

• (d) 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,

shall be guilty of an offence.

• (5) A person guilty of an offence under this Regulation shall be liable -

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or both, or

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

• (6)
• (a) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (b) Where the affairs of a body corporate are managed by its members, subparagraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate.

• (7) A summary offence under these Regulations may be prosecuted by the Market Surveillance Authority or the Approval Authority.

Part 6 MISCELLANEOUS

Review

18.

• (2) On a review under this Regulation, the Approval Authority -

• (a) shall have the same powers and duties as it has on an application for consideration of the application of the relevant kind,

• (b) may hold an inquiry in connection with the review, and

• (c) may appoint an assessor for the purpose of assisting with the review or inquiry.

• (3) A review under this Regulation shall be made by notice to the Approval Authority which shall be lodged with the Approval Authority not later than 14 days from the date on which notice of the decision in respect of which the review is sought was given.

• (4) An application for a review under this Regulation shall state the grounds on which the review is sought and be accompanied by the following documents:

• (a) where the review relates to a decision of the Approval Authority in relation to a type-approval application or an individual vehicle approval application, a copy of the documents which accompanied the application for the approval concerned, and

• (b) where the review relates to a withdrawal, suspension or amendment of a type-approval certificate or individual vehicle approval certificate, a copy of the certificate concerned.

• (5) An application for a review under this Regulation shall not be considered where paragraph (4) has not been complied with.

• (6) A person, whether a member of the Approval Authority or employed by the Approval Authority or otherwise, shall not -

• (a) undertake or participate in undertaking a review or inquiry under this Regulation, or

• (b) act as an assessor in a review or an inquiry under this Regulation,

if he or she has -

• (i) made or participated in the making of any decision by the Approval Authority,

• (ii) made any recommendation or report to the Approval Authority or to any person concerned with the making of such decision, or

• (iii) been in receipt of information not publicly available,

in the context of the decision that is the subject of the review.

• (7) The Approval Authority may confirm, annul or vary the decision that is the subject of the review, including by the addition, deletion or modification of a condition.

• (8) The Approval Authority shall cause its decision on a review and the reasons for making that decision to be notified to the applicant.

• (9) This Regulation shall not apply to a decision of the Approval Authority taken under Chapter XV of the Framework Regulation or to the exercise of the Approval Authority or the Market Surveillance Authority of their respective functions under Part 4.

• (10) Paragraphs (1) to (3) and (6) to (8) shall, with all necessary modifications, apply to the Market Surveillance Authority and a decision of the Market Surveillance Authority under the Framework Regulation or these Regulations as those paragraphs apply to the Approval Authority and a decision of the Approval Authority under the Framework Regulation or these Regulations.

Service of notices

19.

• (a) by delivering it to the person,

• (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

• (d) by electronic communication, if the person concerned has agreed to service of notices by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.

• (2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (3) Where a notice or other document has been sent to a person in accordance with paragraph (1)(c), it is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.

Revocations

20.

• (2) The 2009 Regulations are revoked except for Regulations 1 to 3, 25(2)(l) and (3) to (6), 26 and 31 of those Regulations.

Saving for applications made, approvals granted and certificates issued under 2009 Regulations

21.

• (2) Subject to Article 89(2) of the Framework Regulation, notwithstanding the revocation of the 2009 Regulations by Regulation 20, a certificate of conformity, type-approval, individual vehicle approval, type-approval certificate, individual vehicle approval certificate or type-approval mark issued under those Regulations shall -

• (a) continue to have effect according to its terms, and

• (b) be treated, for the purposes of these Regulations, as if it had been issued under these Regulations.

SCHEDULE 1 Individual Approval: Certain Varieties of Vehicle

• (1) falls within category M1 or N1; and

• (2) which is:

• (a) a personally-imported vehicle, within the meaning of section 3 of this Schedule;

• (b) an amateur-built vehicle, within the meaning of section 4 of this Schedule;

• (c) a vehicle manufactured in very low volume, within the meaning of section 5 of this Schedule;

• (d) a vehicle manufactured using parts from a registered vehicle, within the meaning of section 6 of this Schedule;

• (e) a rebuilt vehicle within the meaning of section 7 of this Schedule;

• (f) a motor caravan;

• (g) an armoured vehicle;

• (h) an ambulance; or

• (i) a hearse.

“ambulance” has the meaning given in paragraph 5.3 of Part A of Annex I to the Framework Regulation;

“armoured vehicle” has the meaning given in paragraph 5.2 of Part A of Annex I to the Framework Regulation;

“hearse” has the meaning given in paragraph 5.4 of Part A of Annex II to the Framework Regulation;

“motor caravan” has the meaning given in paragraph 5.1 of Part A of Annex II to the Framework Regulation.

• (2) The conditions in this sub-paragraph are satisfied if:

• (a) the vehicle has been imported by A upon entry into the State,

• (b) A had, prior to the time the vehicle was imported, been normally resident in a country other than the State for a continuous period of at least 12 months,

• (c) A intends to become normally resident in the State,

• (d) the vehicle has been in the possession of and used by A in the country where A was normally resident for a period of at least 6 months before its importation, and

• (e) the vehicle is intended for A’s personal or household use in the State.

• (3) Subject to subparagraphs (4) to (6), for the purposes of this paragraph A is to be treated as being normally resident in a country if:

• (a) A usually lives in that country for a period of, or periods together amounting to, at least 185 days in a period of 12 months; and

• (b) that period or those periods of residence occur because of A’s occupational and personal ties to that country.

• (4) Where A has no occupational ties, subparagraph (3)(b) does not apply provided that A’s personal ties show close links with that country.

• (5) Where A has occupational ties in one country and personal ties in a second country, A is to be treated, for the purposes of this paragraph, as being normally resident in that second country if either:

• (a) A’s stay in the first country is in order to carry out a task of a definite duration, or

• (b) A returns regularly to the second country.

• (6) If A is an Irish citizen whose personal ties are in the State and whose occupational ties are in a country other than the State, A is to be treated as normally resident in that other country if A has lived there for a period of, or periods together amounting to, at least 185 days in the period of 12 months immediately preceding the date of entry into the State.

• (a) the vehicle was:

• (i) constructed or assembled or

• (ii) having previously been registered in the State under any legislation providing for the licensing and registration of mechanically propelled vehicles, structurally modified, for the personal use of a person (in this Schedule, “R”) who is a relevant individual, and

• (b) the whole, or a substantial part, of the construction, assembly or modification was carried out:

• (i) by R,

• (ii) by one or more relevant individuals acting on behalf, and under the direction, of R, or

• (iii) by R and one or more relevant individuals acting on behalf, and under the direction, of R.

• (2) For the purposes of this paragraph, a relevant individual in relation to a motor vehicle is an individual who does not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed, assembled or modified.

• (2) The condition is that the total number of vehicles of the family of types to which the vehicle in question belongs which are manufactured in the world during any period of 12 months falling within the period of 36 months immediately preceding the month in which the vehicle was manufactured does not exceed 300.

• (a) it is constructed or assembled by a person carrying on a business in the course of which motor vehicles are normally constructed or assembled;

• (b) it is equipped with an engine which has previously been used as the engine of another vehicle which had been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles; and

• (c) it is equipped with one or more of the following components taken from the same vehicle as the engine:

• (i) chassis,

• (ii) body,

• (iii) suspension,

• (iv) an axle;

• (v) transmission, or

• (vi) steering assembly.

• (a) is a vehicle to which the Approval Authority is required to assign a vehicle identification number,

• (b) is not an amateur-built vehicle or a vehicle manufactured using parts of a registered vehicle, and

• (c) has been rebuilt using a replacement chassis, or an integral chassis body, which is of the same design and construction as that of the original vehicle and which:

• (i) was supplied for the purpose without having been previously used, or

• (ii) previously formed part of a vehicle registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles.

• (2) For the purposes of subparagraph (1) the Approval Authority is required to assign a vehicle identification number to a vehicle where it appears to the authority upon receipt of an application under Regulation 8 that the vehicle does not have a vehicle identification number which:

• (a) satisfies the requirements set out in Part B of Annex I to Regulation (EU) 19/2011,

• (b) has previously been assigned under this Schedule, or

• (c) if it does not fall within paragraph (a) or (b), is adequate for the purpose of enabling the vehicle to be identified.

• (a) 4 or more seats,

• (b) a load area not exceeding 40% of its length, and

• (c) a maximum technically permissible mass not exceeding 6500 kilogrammes, may be categorised as M1.

SCHEDULE 2 Regulation 3

Technical Requirements for Issue of National Small Series Approval and National Individual Vehicle Approval

Explanatory Notes:	Explanatory Notes:
X	Full application of the technical requirements as follows: (a) A type-approval certificate shall be issued; (b) Tests and inspections shall be conducted by the technical service or the manufacturer under the conditions laid down in Articles 67 to 81 of the Framework Regulation; (c) A test report shall be drafted in accordance with Annex III of the Framework Regulation; (d) Conformity of Production (COP) shall be ensured.
A	Application of the technical requirements as follows: (a) All requirements of the technical requirements shall be fulfilled unless otherwise stated; (b) No type-approval certificate shall be required; (c) Tests and inspections shall be conducted by the technical service or the manufacturer under the conditions laid down in Articles 67 to 81 of the Framework Regulation; (d) A test report shall be drafted in accordance with Annex III of the Framework Regulation; (e) COP shall be ensured.
B	Application of the technical requirements as follows: Same as for Letter ‘A’ with the exception that the tests and inspections may be performed by the manufacturer, subject to the agreement of the Approval Authority.
C	Application of the technical requirements as follows: (a) Applies where a vehicle for which an EU type-approval (with the exception of O category) has been issued prior to alteration; (b) Only the technical requirements from the relevant regulatory act listed in Annex II to the Framework Regulation shall be fulfilled; (c) No type-approval certificate shall be required; (d) Tests and inspections may be conducted by the Approval Authority or an approved tester; (e) Where tests and inspections are conducted by the Approval Authority or an approved tester, the report shall consist of the information deemed necessary by the Approval Authority; (f) COP shall be ensured.
D	Same as for decisions in Letter ‘C’, with the exception that a statement of compliance submitted by the manufacturer is sufficient. Tests and inspections may be conducted by the Approval Authority or an approved tester. No test report shall be required. The Approval Authority or technical service may require additional information of further evidence, if need be.
N/A	The technical requirements shall not apply. Compliance with one or more specific aspects included in the technical requirements may however be imposed. Unless stated otherwise, the requirements will apply from 1 September 2020. UN Regulation levels must be to the series level as set out in Regulation (EC) No. 661/2009. UN Regulation levels must be to the series level as set out in Part II, Annex II to the Framework Regulation. Must meet at least the series level as set out in transitional provisions of the applicable UN Regulation. In accordance with Paragraph 14* of Article 13 of Regulation (EC) No. 661/2009, this directive may be used to demonstrate compliance with the relevant UNECE regulations. In accordance with the transitional provisions of the applicable EU Regulation. **Also for technical adaptations for the purposes of Paragraph 3 of Regulation 15.

Part 1 Technical Requirements for National Small Series Type-Approval for Category M Vehicles

(small series limit: for M1, M2 or M3 is 250 vehicles per type per year)

To enable representative testing, the vehicle will be delivered in a presentable state and capable of being laden to maximum authorised weight.

A representative of the manufacturer must be present to enable access to all parts of the vehicle, to assist in explanation of features of that vehicle, and to cooperate in any testing.

Where a type of system has been altered at the subsequent stage of completion of the vehicle, to the extent that the system has to be retested for type-approval purposes, that retesting shall be limited to only those parts of the system that have been altered or affected by the changes.

Table 1: Alternative Requirements for Category M1 Vehicles