The Motor Vehicles (Approval) Regulations 1996

• (g) the fuel system, including the fuel tank, shall be so designed, constructed and fitted as to withstand the forces, vibration and corrosive environment to which it is likely to be subject. It shall also be so fitted as to avoid the risk of damage, such as abrasion, due to fouling of other parts and to minimise the risk of fire in the event of any leakage of fuel. The fuel tank shall comply with regulation 39 of the Construction and Use Regulations, except that it need not be made of metal.

• (h) the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion. All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.

SCHEDULE 4

FORM OF MINISTER'S APPROVAL CERTIFICATE

SCHEDULE 5 — COMMUNITY INSTRUMENTS AND ECE REGULATIONS

PART I — References to Community Instruments

1

• (1) The Directives referred to in these Regulations are set out in Part II of this Schedule; those marked with an asterisk are Commission Directives and the other Directives are Council Directives.

• (2) A reference in these Regulations to a Directive shown in column 2 of Part II of this Schedule as last amended by a Directive shown in column 3 against that Directive (for example, “Directive 76/l 1/EEC as last amended by Directive 90/629/EEC”) shall be read as follows.

• (3) The reference shall be read as a reference to the Directive shown in column 2 as amended by the Directives shown in column 3 against that Directive down as far as (and including) the Directive referred to as the last amending Directive.

2

• (1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

• (a) that item contains a reference to a Directive (“the base Directive”) not followed by the words “as last amended by”; and

• (b) the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown against the base Directive in column 3 of Part II of this Schedule.

• (2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

• (a) that item contains a reference to a Directive (“the base Directive”) as last amended by another Directive (“the amending Directive”); and;

• (b) the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown—

• (i) against the base Directive, and

• (ii) below the amending Directive in column 3 of Part II of this Schedule.

References to ECE Regulations

3

• (1) A reference in these Regulations to an ECE Regulation followed by a number which is not itself followed by a full-stop and 2 digits (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which came into force on the date shown against that number in column (4) of Part III of this Schedule.

• (2) A reference in these Regulations to an ECE Regulation followed by a number which is itself followed by a full-stop and 2 digits (for example “ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of that number with the amendments in force on the date shown against the number in column (4) of Part III of this Schedule.

4

• (1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

• (a) that item contains a reference to an ECE Regulation (“the base Regulation”) that is not followed by a full-stop and 2 digits; and

• (b) the vehicle would comply with that item were there substituted for that reference, a reference to an entry in column (3) of Part III of this Schedule shown against that Regulation.

• (2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

• (a) that item contains a reference to an ECE Regulation (“the base Regulation”) that is followed by a full-stop and 2 digits; and

• (b) the vehicle would comply with that item were there substituted for that reference, a reference

• (i) against that Regulation, and

• (ii) below the entry in column (3) of Part III of this Schedule for that ECE Regulation and those 2 digits.

5

In these Regulations, “ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958[^f00010] as amended[^f00011] to which the United Kingdom is a party[^f00012].

PART II — REFERENCES TO COMMUNITY DIRECTIVES

PART III — REFERENCES TO ECE REGULATIONS

SCHEDULE 6 — MEANING OF TRANSITIONAL PROVISION VEHICLE

1

In these Regulations, a vehicle is a “transitional provision vehicle” if—

• (a) it meets the requirements of paragraph 3 of Schedule 1 to these Regulations;

• (b) an application in respect of the vehicle has been made under regulation 7 for a Minister’s approval certificate under section 58(1) of the 1988 Act before the 1st January 2000; and

• (c) one of the following requirements is for the time being satisfied with respect to it.

2

Those requirements are that—

• (a) the application has either not been finally disposed of or has been granted (whether on appeal or otherwise);

• (b) the application has been refused, the period of three months beginning with the date of the refusal has not expired and no further application has been made by the same applicant in respect of the vehicle;

• (c) the application has been refused, a further application under regulation 7 has been made by the same applicant in respect of the vehicle within the period of three months beginning with the date of the refusal and that further application has either not been finally disposed of or has been granted (whether on appeal or otherwise).

3

For the purposes of this Schedule—

• (a) a reference to an application being finally disposed of is a reference to the earliest date by which the time limit for appealing has expired and any appeal brought within that time has been determined, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment; and

• (b) a reference to an appeal is a reference to an appeal under section 60 of the 1988 Act.

Signed

Signed by authority of the Secretary of State for Transport

John Bowis — Parliamentary Under Secretary of State, — Department of Transport — 2nd December 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations establish a statutory system for approving the construction of single vehicles before they enter into service. The Regulations apply to passenger cars, dual-purpose vehicles and light goods vehicles which are amateur-built or personally imported or which enter into service in Great Britain in very low numbers. The Regulations also apply to motor ambulances and motor caravans, but approval is optional for these and for some other vehicles.

Part II of the Regulations applies to “relevant passenger vehicles” as defined by regulation 3 and Schedule 1. Regulation 4 and Schedule 2 prescribe the approval requirements which such vehicles must meet in order that they may be issued with a Minister’s approval certificate under section 58 of the Road Traffic Act 1988.

Part III applies to “relevant goods vehicles” as defined by regulation 5 and Schedule 1. Regulation 6 and Schedule 3 define the approval requirements which must be met by these vehicles in order to be the subject of a Minister’s approval certificate.

Regulation 7 relates to applications to the Secretary of State for a Minister’s approval certificate and regulation 8 provides for the assignment of vehicle identification numbers to vehicles which do not have a number which meets the requirements in regulation 8(1).

Regulation 9 specifies criteria for determining design weights. The procedure for appeals under section 60 by persons aggrieved by a determination made on behalf of the Secretary of State under an application under regulation 7 is governed by regulation 10. Provision is made in regulation 11 for an application or appeal to be refused without an examination of the vehicle to which the application relates in the circumstances specified in regulation 1 l(3).

The form of a Minister’s approval certificate is prescribed by regulation 12 and Schedule 4. Regulation 13 requires notices under the Regulations to be given in writing and provides that they may be given by post.

Regulation 14 appoints 1st July 1997 (the coming into force date of the Regulations) as the date appointed for the purposes of section 63(1) of the Road Traffic Act 1988, on or after which it is an offence to use a vehicle of a relevant class without the appropriate certificates in force under sections 54 to 58 of that Act. Certificates are obligatory for all relevant goods vehicles and relevant passenger vehicles, except those specified in regulation 14(2). Regulation 15 further provides that licence under the Vehicle Excise and Registration Act 1994 is not to be granted in respect of a vehicle to which regulation 14 applies unless, in the first application after the appointed day, there is produced evidence that a certificate (or certificates) is in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.

Schedule 6 defines the expression “transitional provision vehicle” as used in the Regulations.

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L109, p. 9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988 L81, p. 75) and European Parliament and Council Directive 94/10/EEC of 23 March 1994 (OJ 1994 L100, p. 30).

Footnotes

[^f00001]: 1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), Schedule 8 and section 63 was amended by S.I. 1992/3107. Section 66 was amended by the Vehicle Excise and Registration Act 1994 (c. 22), Schedule 3, paragraph 24(4) and by S.I. 1992/3107.

[^f00002]: S.I. 1982/1271; relevant amending instruments are S.I. 1987/1508, 1988/1523, 1989/1579, 1991/1021, 1992125, 1342 and 3084, 199312200, 199511323.

[^f00003]: S.I. 1984/981; relevant amending instruments are S.I. 1984/1761, 1987/1509, 1988/1522, 1989/1580, 1991/1022, 1992/1341, 2161 and 2908, 1993/2201, 1995/1322.

[^f00004]: S.I. 1989/1796; relevant amending instrument is S.I. 1994/2280.

[^f00005]: S.I. 1986/1078; relevant amending instruments are S.I. 1987/676 and 1333, 1988/1178, 1989/1478, 1990/2212, 1992/2016, 3088 and 3285, 1994/3270.

[^f00006]: 1978 c. 30.

[^f00007]: Section 47 was amended by the Finance Act 1994 (c. 9), Schedule 2, paragraph 25 and by the Vehicle Excise and Registration Act 1994 (c. 22), Schedule 3, paragraph 24(2).

[^f00008]: 1973 c. 41. Section 137(5) was amended by the Resale Prices Act 1976 (c. 53), Schedule 3 and by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), Schedule 2.

[^f00009]: S.I. 1994/3117

[^f00010]: Cmnd 2535.

[^f00011]: Cmnd 3562.

[^f00012]: By an instrument of accession dated the 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.