The Road Vehicles (Approval) Regulations 2020

Column 1 Requirement	Column 2 Definitions and supplementary provisions	Column 3 Exemptions and modifications
The technical provisions of paragraphs 1 to 4 of Directive 89/297/EEC.		1 Does not apply to category M₂, M₃, O₁ or O₂ vehicles.
The technical provisions of paragraphs 1 to 4 of Directive 89/297/EEC.		2 Tests are not required where the device is designed to meet the strength characteristics specified in column 1.
43 Spray Suppression Systems	43 Spray Suppression Systems	43 Spray Suppression Systems
Component: Directive 91/226/EEC	“Installation Check” means a check to confirm that approved devices are fitted and installed in accordance with the directive.	1 Does not apply to category M₂, M₃, O₁ or O₂ vehicles or to category N₂ vehicles with a maximum mass not exceeding 7.5 tonnes.
Vehicle: The technical provisions of Directive 91/226/EEC, or an Installation Check	“Installation Check” means a check to confirm that approved devices are fitted and installed in accordance with the directive.	2 Except where fitted, the requirements do not apply to off-road vehicles as defined in Directive 2007/46/EC, or vehicles in which the presence of spray-suppression devices is incompatible with their use.
45 Safety Glass	45 Safety Glass	45 Safety Glass
Component: UNECE Regulation 43.00.		1 UNECE Regulation 43.00, Annex 21, paragraphs 4.1.2 and 4.1.3 do not apply provided that driver’s forward vision is not distorted and that light transmission of at least 70% is maintained.
Vehicle: The technical provisions of UNECE Regulation 43.00, Annex 21.		2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
Vehicle: The technical provisions of UNECE Regulation 43.00, Annex 21.		3 In the case of a motor caravan, ambulance, hearse, mobile crane, or other special purpose vehicle, the requirements for all window glazing, other than the driver’s cab glazing (windshield and side glazing), the material may be either safety glass or rigid plastic glazing.
Vehicle: The technical provisions of UNECE Regulation 43.00, Annex 21.		4 This item does not apply to armoured vehicles.
46 Tyres	46 Tyres	46 Tyres
Component: Directive 92/23/EEC as last amended by Directive 2005/11/EC.	“Installation Check” means a check to ensure that all tyres (except those that are not accessible) are marked in accordance with the directive including the appropriate speed and load ratings for their particular axle locations and the intended use of the vehicle.	1 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
Vehicle: The technical provisions of: Directive 92/23/EEC as last amended by Directive 2005/11/EC, or an Installation Check	“Installation Check” means a check to ensure that all tyres (except those that are not accessible) are marked in accordance with the directive including the appropriate speed and load ratings for their particular axle locations and the intended use of the vehicle.	2 In the case of an armoured vehicle, or mobile crane, save as required by paragraph 3, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
Vehicle: The technical provisions of: Directive 92/23/EEC as last amended by Directive 2005/11/EC, or an Installation Check	“Installation Check” means a check to ensure that all tyres (except those that are not accessible) are marked in accordance with the directive including the appropriate speed and load ratings for their particular axle locations and the intended use of the vehicle.	3 In the case of a mobile crane the provision in paragraph 2 above applies on condition that the requirements in ISO 10571 – 1995 (E) or ETRTO Standards Manual 1998 are fulfilled.
47 Speed Limiters	47 Speed Limiters	47 Speed Limiters
Component: Directive 92/24/EC as last amended by Directive 2004/11/EC.	“Installation Check” means a check for presence, component approval markings and the set speed which must be indicated on a place in a conspicuous position in the driver’s compartment.	Does not apply to category O vehicles.
Vehicle: The technical provisions of: sections 1, 2 and 7 of Annex I to Directive 92/24/EC as last amended by Directive 2004/11/EC, or an Installation Check.	“Installation Check” means a check for presence, component approval markings and the set speed which must be indicated on a place in a conspicuous position in the driver’s compartment.	Does not apply to category O vehicles.
48 Masses and Dimensions	48 Masses and Dimensions	48 Masses and Dimensions
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		1 Directive 97/27/EC, Annex I, paragraphs 7.3.3, 7.5, 7.9, 7.10 and 7.11 do not apply. In the case of a vehicle of category M₂ or M₃ paragraph 7.3.3 is substituted by “maximum height 4.57m”.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		2 Trailers for abnormal indivisible loads of exceptional length are exempt from Annex I, paragraph 7.3.1.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		3 In the case of a semi-trailer which is designed to carry at least two other wheeled vehicles, in Annex I— (a) paragraph 7.3.1.4.1 is to be read as though, for “the limit laid down in section 1.6 of Annex I to Directive 96/53/EC”, there were substituted “12.5m”, (b) paragraph 7.3.1.4.2 is to be read as though, for “2,04 m as per section 4.4 of Annex I to Directive 96/53/EC”, there were substituted “4.19m”.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		4 Exemption from Annex I, paragraph 7.6: abnormal indivisible load vehicle, a semi-trailer low loader, or a semi-trailer step-frame low loader.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		5 In the case of a semi-trailer being a trailer designed to carry at least two other wheeled vehicles, Annex I, paragraph 7.6 applies save that any part of the semi-trailer forward of the transverse plane passing through the king pin may be ignored.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		6 Vehicles complying with the Road Vehicles (Authorisation of Special Types)(General) Order 2003 or the Motor Vehicles (Authorisation of Special Types) Order (Northern Ireland) 1997 are exempt from any of the provisions in column 1 which they are unable to comply with due to their special purpose.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		7 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.1, the items specified also include— (a) any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between the trailer and a motor vehicle constructed for that purpose and to which the trailer is designed to be attached such that vehicles carried on it may be moved from the trailer to the motor vehicle or more the motor vehicle to the trailer; (b) any part of a trailer designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		8 For the purpose of Directive 97/27/EC, Annex I, paragraph 2.4.2, the items specified shall also include safety railings mounted on a vehicle designed to carry at least two other wheeled vehicles, provided that the safety railings are more than 2m above the ground and the overall width including safety railings does not exceed 2.70m.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		9 In paragraph 7.4.3.3.1 of Annex I to Directive 97/27/EC, for the mass representing a wheelchair and user of 250kg substituted 100kg.
The technical provisions of Directive 97/27/EC as last amended by Directive 2003/19/EC, section 7 of Annex I.		10 Directive 97/27/EC, Annex I, paragraph 7.6 does not apply to a motor vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4 metres.
49 External Projection of Cabs	49 External Projection of Cabs	49 External Projection of Cabs
The technical provisions of: sections 3 and 4 of Annex I to Directive 92/114/EEC.		1 Does not apply to category M₂, M₃ or O vehicles.
The technical provisions of: sections 3 and 4 of Annex I to Directive 92/114/EEC.		2 In the case of an armoured vehicle, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
50 Couplings (if fitted)	50 Couplings (if fitted)	50 Couplings (if fitted)
Component: Directive 94/20/EC	“Installation Check” means: confirmation that the components meet the technical requirements of column 1 and are appropriately “e” /“E” marked and securely installed in accordance with supporting information provided by the vehicle manufacturer.	1 For the purpose of Directive 94/20/EC, Annex VII, paragraph 1.1, vehicles fitted with Class A couplings shall be assumed to tow a mass of 3500kg.
Vehicle: The technical provisions of: Annex VII to Directive 94/20/EC, or an Installation Check.	“Installation Check” means: confirmation that the components meet the technical requirements of column 1 and are appropriately “e” /“E” marked and securely installed in accordance with supporting information provided by the vehicle manufacturer.	2 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass may apply.
51 Flammability	51 Flammability	51 Flammability
The technical provisions of Directive 95/28/EC, section 7 of Annex I, or an Installation Check.	“Installation Check” means a manufacturer’s declaration of compliance with supporting documentary evidence and inspection compliance checks as may be necessary.	1 Does not apply to category M₂, N₂, N₃ or O vehicles.
The technical provisions of Directive 95/28/EC, section 7 of Annex I, or an Installation Check.	“Installation Check” means a manufacturer’s declaration of compliance with supporting documentary evidence and inspection compliance checks as may be necessary.	2 Column 1 does not apply to category M₃ vehicles except vehicles of Class III as defined in Directive 2001/85/EC.
The technical provisions of Directive 95/28/EC, section 7 of Annex I, or an Installation Check.	“Installation Check” means a manufacturer’s declaration of compliance with supporting documentary evidence and inspection compliance checks as may be necessary.	3 In the case of a motor caravan, ambulance, or hearse, the requirements according to the category of the base or incomplete vehicle based on maximum mass shall apply to the cab.
52 Buses and Coaches	52 Buses and Coaches	52 Buses and Coaches
1 All vehicles: The technical provisions of UNECE Regulation 107.02 excluding Annex 8.	“Vehicle of Class IIIS” means a vehicle of Class III specially designed for the carriage of school children;	1 Does not apply to category N₂, N₃ or O vehicles.
2 Vehicles of Class I: The technical provisions of UNECE Regulation 107.02, Annex 8.	“Table 2” means the table at the end of this Part.	2 Does not apply to vehicles for the secure transport of persons.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	3 Vehicles of Class I, II or III: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.14 the upper deck gangway must be connected by one or more intercommunication staircases to the access passageway of a service door or to the lower deck gangway within 3m of a service door.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	4 Vehicles of Class A or B: As an alternative to UNECE Regulation 107.02, Annex 3, paragraph 7.11.3.1 a vehicle may be fitted with handrails or handholds on at least one side and in the case of double doors this requirement may be met by a central stanchion or handrail.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	5 Vehicles of Class I, as an alternative to column 1, paragraph 2, may comply with the Public Service Vehicles (Accessibility) (Northern Ireland) Regulations 2003, Schedules 1 and 2.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	6 Requirements that are not compatible with the intended use do not apply to vehicles containing seating for use only while the vehicle is stationary.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	7 In the case of armoured vehicles, exemption from one or more of the provisions in column 1 is permitted where it can be demonstrated to the satisfaction of the approval authority that the special purpose of the vehicle makes it impossible to fully comply.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	8 In the case of a vehicle of Class IIIS, Annex 3 to UNECE Regulation 107.02 is amended as follows— (a) for “225m” in paragraphs 7.7.8.1.1.2 and 7.7.8.1.2.2 substitute “200mm”, (b) for “680mm” in paragraph 7.7.8.4.1 substitute “650mm”, and (c) for “400mm” in paragraph 7.7.8.2.2 substitute “350mm”.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	9 Paragraph 7.4 of Annex 3 to UNECE Regulation 107.02 does not apply to— (a) a vehicle of Class B fitted with no more than 16 passenger seats, or (b) any other single deck vehicle fitted with a vehicle stability function for which an approval has been issued in accordance with UNECE Regulation 13.11.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	10 Vehicles of Class A & B: The frontal barrier collision test in 7.6.7.2 of Annex 3 to UNECE Regulation 107.02 does not apply to a vehicle in which all passengers have access to at least two doors, being either a service door or an emergency door, one of which is not a sliding door.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	11 A door other than a service door, may be fitted to the offside of a vehicle.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	12 UNECE Regulation 107.02, Annex 3, paragraph 7.6.7.6. In the case of— (a) manually operated sliding door fitted with a slam lock of the two stage type, the activation of the device may be by movement of the door itself; (b) a nearside rear door forming part of a pair of doors fitted at the rear of the vehicle, the requirements do not apply if that door is capable of being held securely closed by the other door of that pair.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	13 Vehicles of Class I, II or III may, as an alternative to the table in UNECE Regulation 107.02, Annex 3, paragraph 7.6.1.1, meet the requirements of Table 2.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	14 Vehicles of Class B fitted with more than one wheelchair space: in the case of a second and subsequent wheelchair spaces, the space must not be less than 700mm wide and 1200mm long.
3 Vehicles other than Class 1— (a) if fitted with accommodation for a wheelchair the vehicle must comply with the technical provisions of paragraphs 3.6 and 3.8 of Annex 8 to UNECE Regulation 1078.02; (b) if fitted with a boarding aid the vehicle must comply with the technical provisions of paragraph 3.11 of Annex 8 to UNECE Regulation 107.02.	“Table 2” means the table at the end of this Part.	15 The test requirements of paragraph 3.8 of Annex 8 to UNECE Regulation 107.02 do not apply if the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of those paragraphs.
57 Front Underrun Protection	57 Front Underrun Protection	57 Front Underrun Protection
1 The technical provisions of section 3 of Annex II to Directive 2000/40/EC.	“Installation Check” means a check to confirm that the device is approved or of the type tested and has been correctly installed.	Does not apply to category M₂, M₃ or O vehicles.
2 A device for which an approval or test report has been issued or a test has been witnessed by the approval authority with respect to the requirements of paragraph 1 or 2, and an Installation Check.	“Installation Check” means a check to confirm that the device is approved or of the type tested and has been correctly installed.	Does not apply to category M₂, M₃ or O vehicles.
65 AEBS	65 AEBS	65 AEBS
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		2 A complete vehicle which was manufactured before 1st September 2018.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		3 A completed vehicle where the complete or incomplete vehicle upon which it is based has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension; and was manufactured before 1st November 2020.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		4 A complete vehicle which has a gross weight of not more than 8 tonnes or has hydraulic brakes or is not equipped with pneumatic rear suspension; and which was manufactured before 1st November 2020.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		5 The exemptions listed in Article 1 of Regulation EU No 347/2012.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		6 Completed vehicles based on a complete or incomplete vehicle of category N₁ or M₁.
The technical provisions of Regulation (EU) No 347/2012 or UNECE Regulation 131.		7 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
66 LDWS	66 LDWS	66 LDWS
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.		1 A completed vehicle where the complete or incomplete vehicle it is based upon was manufactured before 1st September 2018.
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.		2 A complete vehicle which was manufactured before 1st September 2018.
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.		3 The exemptions listed in Article 1 of EU Regulation No 351/2012.
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.		4 Completed vehicles based on a complete or incomplete vehicle of category N₁ or M₁.
The technical provisions of Regulation (EU) No 351/2012 or UNECE Regulation 130.		5 Vehicles built by a manufacturer which made fewer than 1,000 chassis and unitized bodies in the previous calendar year.
69 Electrical Safety	69 Electrical Safety	69 Electrical Safety
Vehicle: The technical provisions of UNECE Regulation 100.01.

The following table may be used as an alternative to the Table 7.6.1.1 in Annex 3 of UNECE Regulation 107.02 (minimum number of service doors).

Number of passengers	Number of Service Doors	Number of Service Doors	Number of Service Doors
	Class I and A	Class II	Class III and B
(*) Indicates that the requirement differs from that of UNECE Regulation 107.02.	(*) Indicates that the requirement differs from that of UNECE Regulation 107.02.	(*) Indicates that the requirement differs from that of UNECE Regulation 107.02.	(*) Indicates that the requirement differs from that of UNECE Regulation 107.02.
9 - 45	1	1	1
46 - 70	2	1	1
71 - 100	2[^f01001]	2	1
> 100	4	3	1

SCHEDULE 3 — Alternative requirements for the purposes of regulations 23 and 26

1

• (1) For the purposes of regulations 23 and 26, the alternative conditions apply if either of the cases specified in paragraph 2 applies.

• (2) The alternative conditions are that—

• (a) where—

• (i) (in the case of a large trailer) the application for consent, or

• (ii) (in the case of a small trailer) the supply,

is in consequence of the importation of the trailer from a place outside the United Kingdom, any value added tax or customs duty charged on or arising from its removal into the United Kingdom has been or will be paid or remitted, and

• (b) there is otherwise no lawful reason (whether or not arising from a breach of these Regulations) for refusing to give consent.

2

The cases are as follows—

• (a) Case 1—

• (i) the trailer is manufactured in one stage, and

• (ii) its manufacture is completed not later than 29th July 2012;

• (b) Case 2—

• (i) the trailer is manufactured in more than one stage, and

• (ii) its manufacture is completed not later than 29th July 2013.

3

The alternative information for the purposes of regulation 26 is—

• (a) the name and address and (if any) the company registration number of the manufacturer,

• (b) the manufacturer's designation (make and model) of the trailer,

• (c) the month and year when manufacture of the vehicle was completed,

• (d) the vehicle identification number (VIN),

• (e) the date of supply, and

• (f) the name and address of the purchaser.

SCHEDULE 4 — Offences, penalties, enforcement and other matters

PART 1 — Offences

Offences and defences

1

• (1) A person commits an offence if—

• (a) that person supplies a recordable trailer,

• (b) the trailer is supplied for use on a road, and

• (c) none of the conditions specified in sub-paragraph (2) is met.

• (2) The specified conditions are that—

• (a) where the trailer is to be kept or normally kept at a place in Great Britain, one of the following has effect with respect to the trailer—

• (i) a certificate of conformity issued under regulation 16(7) relating to—

• (aa) a GB small series type-approval,

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

• (cc) a national small series type-approval issued by the Secretary of State before IP completion,

• (ii) an individual vehicle approval issued under regulation 27(10) of the Road Vehicle (Approval) Regulations 2009 or regulation 18(10) of these Regulations, whether that approval—

• (aa) is an individual vehicle approval issued by the Secretary of State before IP completion day, or

• (bb) is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

• (iii) a GB certificate of conformity issued in relation to a GB type-approval,

• (iv) an EU certificate of conformity issued in relation to an EU type-approval granted by the Secretary of State under the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

• (v) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or 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 implemented in the law of that member State, provided that the trailer to which the approval relates—

• (aa) was in the United Kingdom before 1st January 2023, or

• (bb) is a qualifying Northern Ireland good, or

• (vi) a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

• (b) where the trailer is to be kept, or normally kept at a place in Northern Ireland, one of the following has effect with respect to the trailer—

• (i) a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

• (ii) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State.

• (3) A person commits an offence if, at a time when there is no relevant consent in effect with respect to a large trailer, that person—

• (a) supplies that large trailer for use on a road,

• (b) uses that large trailer on a road, or

• (c) causes or permits that large trailer to be used on a road.

• (4) A person commits an offence if that person contravenes any requirement in paragraph (1) or (3) of regulation 25.

• (5) A person commits an offence if that person—

• (a) contravenes any other prohibition in these Regulations, the Type Approval Regulation , the EU Type Approval Regulation or the legislation listed in Schedule 5, or

• (b) fails to comply with any requirement or obligation in these Regulations, the Type Approval Regulation , the EU Type Approval Regulation or the legislation listed in Schedule 5.

• (5A) It is a defence for a person charged with an offence under sub-paragraph (1), to show that, at the time when the trailer was supplied—

• (a) if the condition in sub-paragraph (2)(a) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Great Britain, or

• (b) if the condition in sub-paragraph (2)(b) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Northern Ireland.

• (5B) It is a defence for a person charged with an offence under sub-paragraph (3), to show that, at the time when the trailer was supplied or used, as the case may be, a goods vehicle test certificate issued under the following Regulations was in force in relation to the trailer—

• (a) the Goods Vehicle (Plating and Testing) Regulations 1988, in the case of a trailer being used in Great Britain without a relevant consent, or

• (b) the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003, in the case of a trailer being used in Northern Ireland without a relevant consent.

• (6) It is a defence for a person charged with an offence under sub-paragraph (3)(b) or (c) to show that—

• (a) the trailer is an incomplete vehicle, is not carrying goods and is being towed to a place where a further stage of manufacture is to take place,

• (b) the trailer is to be exported and is being towed to a place from where it is to be taken out of the United Kingdom,

• (c) the trailer is being used solely for the purpose of—

• (i) submitting it (by previous arrangement at a specified time) for a statutory inspection or test, or

• (ii) bringing it away from any such inspection or test, or

• (d) the trailer is operated from a base in a country outside the United Kingdom and either—

• (i) the trailer is registered in that country, or

• (ii) it is shown that the trailer has its principal base there.

• (7) It is a defence for a person charged with an offence under sub-paragraph (1) or (3)(a) to show that, at the time when the trailer was supplied, there was reasonable cause to believe that the trailer would not be used on a road otherwise than in circumstances specified in sub-paragraph (6)(a), (b), or (c).

• (8) For the purposes of this paragraph, a trailer is a recordable trailer if it is a relevant vehicle other than—

• (a) a trailer falling within regulation 25(2)(a) or (b), or

• (b) a trailer to which the alternative conditions in Schedule 3 apply.

• (9) In this paragraph—

• “relevant consent” means consent given under regulation 23(3);

• “relevant vehicle” has the meaning given in regulation 23(8);

• “statutory inspection or test” means an inspection or test carried out under or pursuant to—the Type Approval Regulation, the EU Type Approval Regulation,these Regulations,the Goods Vehicles (Plating and Testing) Regulations 1988, orthe Goods Vehicles (Testing) Regulations (Northern Ireland) 2003.

Offences by bodies corporate and partnerships

2

• (1) If an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, or a person purporting to act as an officer of the body corporate, that officer or person (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.

• (2) If the affairs of a body corporate are managed by its members, sub-paragraph (1) applies in relation to the acts and omissions of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

• (3) If an offence under these Regulations is—

• (a) committed by a Scottish partnership, and

• (b) proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner of the partnership,

the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.

• (4) In this paragraph “officer” in relation to a body corporate means a director, secretary or other similar officer of the body corporate.

PART 2 — Penalties

Criminal penalties

3

• (1) A person who commits an offence under these Regulations is punishable on summary conviction—

• (a) in England and Wales by a fine or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both, or

• (b) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both.

• (2) But an offence is not punishable under this paragraph if—

• (a) the enforcement authority has required a person to pay a penalty in respect of that offence under paragraph 4, and

• (b) that penalty has been paid to the enforcement authority.

Civil penalties

4

• (1) The enforcement authority may require a person to pay a penalty if the enforcement authority is satisfied, on a balance of probabilities, that the person has committed an offence mentioned in paragraph 1(1), (3), (4) or (5).

• (2) But the enforcement authority may not require a person to pay a penalty if—

• (a) the person shows that there was a reasonable excuse for committing the offence, or

• (b) criminal proceedings have been instituted against the person in respect of the same offence.

• (3) A penalty imposed under this paragraph may not exceed £50,000 per offence.

• (4) The penalty is payable to the enforcement authority on demand.

Notification of penalty decision

5

• (1) If the enforcement authority decides to require a person to pay a penalty under these Regulations, the enforcement authority must give the person a penalty notice.

• (2) A penalty notice must—

• (a) be in writing,

• (b) state the enforcement authority's reasons for deciding to require the person to pay a penalty,

• (c) state the amount of the penalty,

• (d) specify the date on which it is given,

• (e) specify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

• (f) specify how a penalty must be paid,

• (g) include an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the enforcement authority), and

• (h) include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

Objection to penalty decision

6

• (1) The recipient of a penalty notice (the “recipient”) may object to the penalty notice by giving a notice of objection to the enforcement authority.

• (2) A notice of objection must—

• (a) give the reasons for the objection,

• (b) be given to the enforcement authority in the manner and form specified in the penalty notice, and

• (c) be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

• (3) Where the enforcement authority receives a notice of objection, the enforcement authority must consider it and—

• (a) cancel the penalty,

• (b) reduce the penalty,

• (c) increase the penalty, or

• (d) determine not to alter the penalty.

• (4) After reaching a decision as to how to proceed under sub-paragraph (3), the enforcement authority must notify the recipient of the decision in writing.

• (5) A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the enforcement authority may agree with the recipient.

• (6) A notification under sub-paragraph (4), other than one notifying the recipient that the enforcement authority has decided to cancel the penalty, must—

• (a) state the amount of the penalty following the enforcement authority's consideration of the notice of objection,

• (b) state the enforcement authority's reasons for the decision under sub-paragraph (3),

• (c) specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

• (d) specify how the penalty must be paid,

• (e) include an explanation of the recipient's rights of appeal, and

• (f) include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

• (7) A notification under sub-paragraph (4) notifying the recipient that the enforcement authority has decided to cancel the penalty must state the enforcement authority's reasons for the decision under sub-paragraph (3).

Civil penalties: appeals

7

• (1) A person (the “appellant”) may appeal to the court against a decision to require the person to pay a penalty under these Regulations.

• (2) An appeal may be brought only if the appellant has given a notice of objection and the enforcement authority has—

• (a) reduced the penalty under paragraph 6(3)(b),

• (b) increased the penalty under paragraph 6(3)(c), or

• (c) determined not to alter the penalty under paragraph 6(3)(d).

• (3) An appeal must be brought within the period of 28 days beginning with the date on which the person is notified of the enforcement authority's decision on the notice of objection under paragraph 6(4).

• (4) On appeal, the court may—

• (a) allow the appeal and cancel the penalty,

• (b) allow the appeal and reduce the penalty, or

• (c) dismiss the appeal.

• (5) An appeal—

• (a) is to be a re-hearing of the enforcement authority's decision to impose a penalty, and

• (b) may be determined having regard to matters of which the enforcement authority was unaware.

• (6) Sub-paragraph (5)(a) has effect despite any provision of rules of court.

• (7) In this paragraph, a reference to “the court” is a reference—

• (a) in England and Wales, to the county court,

• (b) in Scotland, to the sheriff, and

• (c) in Northern Ireland, to a county court.

• (8) But—

• (a) the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court, and

• (b) the sheriff may transfer proceedings under this paragraph to the Court of Session.

PART 3 — Enforcement and other matters

Enforcement of penalty decision

8

• (1) This paragraph applies where a sum is payable to the enforcement authority as a penalty under these Regulations.

• (2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

• (3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

• (5) Where action is taken under this paragraph for the recovery of a sum payable as a penalty under these Regulations, the penalty is—

• (a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc.) as if it were a judgment entered in the county court;

• (b) in relation to Northern Ireland, to be treated for the purposes of article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (register of judgments) as if it were a judgment in respect of which an application has been accepted under article 22 or 23(1) of that Order.

Obstruction of officers and false statements

9

• (1) A person must not—

• (a) intentionally obstruct an officer when acting in pursuance of any provision of these Regulations,

• (b) intentionally fail to comply with any requirement properly made by an officer under any provision of these Regulations, or

• (c) without reasonable cause, fail to give an officer any other assistance or information which the officer may reasonably require of that person for the purposes of the exercise of the officer's functions under any provision of these Regulations.

• (2) A person must not, in giving any information which is required of that person by virtue of sub-paragraph (1)(c)—

• (a) make any statement which the person knows is false in a material particular, or

• (b) recklessly make a statement which is false in a material particular.

Powers of search, etc.

10

• (1) Officers may exercise any of the powers set out in sub-paragraph (2) at all reasonable hours provided the officers—

• (a) identify themselves and produce authority in writing from the enforcement authority for the exercise by the officers of powers conferred on the authority by these Regulations, and

• (b) state the purpose of the officers' actions and the grounds for undertaking them.

• (2) The powers referred to in sub-paragraph (1) are as follows—

• (a) an officer may for the purpose of ascertaining whether an offence under these Regulations has been committed—

• (i) inspect any relevant products, and

• (ii) enter any premises other than premises used wholly or mainly as a dwelling;

• (b) if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may, for the purpose of ascertaining whether it has been committed, require any person carrying on, or employed in connection with, a business to produce any records relating to the relevant products and the officer may take copies of those records or any part of them;

• (c) if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may seize and detain any relevant products for the purpose of ascertaining whether the offence has been committed;

• (d) an officer may seize and detain any relevant products or records which the officer has reason to believe may be required as evidence in proceedings for an offence under these Regulations;

• (e) an officer may, for the purpose of exercising the officer's powers of seizure under this sub-paragraph, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of these Regulations are duly observed, require any person having authority to do so to open any container and, if that person does not comply with the requirement or if there is no person present having authority to open it, the officer may break open the container.

• (3) For the purposes of sub-paragraph (2), the officer may require information stored electronically to be made available in printed form.

• (4) An officer may, for the purpose of ascertaining whether an offence has been committed under these Regulations, make a purchase of relevant products.

• (5) If a justice is satisfied by any written information on oath—

• (a) that there are reasonable grounds for believing either—

• (i) that any relevant products or records, which an officer has power under this paragraph to inspect, copy, seize or require to be produced, is or are on any premises and that the inspection, copying, seizure or production of that item is likely to disclose evidence of the commission of an offence under these Regulations, or

• (ii) that any offence under these Regulations has been, is being, or is about to be committed on any premises, and

• (b) either—

• (i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier, or

• (ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier's return,

the justice may by warrant under the justice's hand, which continues in force for a period of one month, authorise an officer to enter the premises, if need be by force.

• (6) On entering any premises by authority of a warrant granted under sub-paragraph (5), an officer must, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises, or an appropriate part of the premises, a notice in writing—

• (a) summarising an officer's powers of seizure and detention of any relevant products or records under this paragraph,

• (b) explaining that compensation may be payable for damage caused in entering premises and seizing and removing any relevant products or records and giving the address to which an application for compensation should be directed, and

• (c) indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.

• (7) An officer, when entering any premises by virtue of this paragraph, may be accompanied by such persons and take such equipment as appear to the officer to be necessary.

• (8) An officer, when leaving any premises which the officer entered by virtue of a warrant, must, if the premises are unoccupied or the occupier is temporarily absent, leave them in as secure a state as that in which they were found.

• (9) When exercising any power of seizure and detention under this paragraph, an officer must, as soon as practicable, give to the person against whom the power has been exercised, a written notice stating—

• (a) precisely what has been so seized and detained,

• (b) that an application for the release of a detained item may be made in accordance with paragraph 12 of this Schedule, and

• (c) the procedure for making such an application.

• (10) A person who is not an officer of the enforcement authority must not purport to act as such under this paragraph.

• (11) In sub-paragraph (5), the reference to “any written information on oath” is to be construed, in the application of this paragraph to—

• (a) Scotland, as a reference to any evidence on oath;

• (b) Northern Ireland, as a reference to any complaint on oath.

• (12) In this paragraph, “justice” means—

• (a) in England and Wales, a justice of the peace,

• (b) in Scotland, a sheriff or summary sheriff, and

• (c) in Northern Ireland, a lay magistrate.

Powers of customs officers to detain goods

11

• (1) An Officer of Revenue and Customs may, for the purpose of facilitating the exercise by the enforcement authority, or duly authorised officer of the authority, of any powers conferred on the authority or officer by these Regulations seize any imported relevant products or any records, and detain them for not more than two working days.

• (2) Anything seized and detained under this paragraph must be dealt with during the period of its detention in such manner as the Commissioners for Her Majesty's Revenue and Customs may direct.

• (3) An Officer of Revenue and Customs seizing any relevant products or records under this paragraph must inform the person from whom they are seized that such relevant products or records have been seized.

• (4) In sub-paragraph (1) the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the goods are seized.

Applications for the release of detained items

12

• (1) Any person having an interest in any relevant products or records detained for the time being under paragraph 10 may apply for an order requiring any item so detained to be released to the applicant or another person.

• (2) An application under this paragraph may be made—

• (a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item,

• (b) where no such proceedings have been so brought, by way of complaint to a magistrates' court, or

• (c) in Scotland, by summary application to the sheriff.

• (3) A magistrates' court or the sheriff must not make an order under sub-paragraph (1) unless the court or sheriff is satisfied that—

• (a) proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item or, having been brought, have been concluded, and

• (b) where no such proceedings have been brought, more than six months have elapsed since the seizure was carried out.

• (4) Any person aggrieved by an order made under this paragraph by a magistrates' court or sheriff, or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision—

• (a) in England and Wales, to the Crown Court,

• (b) in Scotland, to the Sheriff Appeal Court as though it were an appeal under section 110(1) of the Courts Reform (Scotland) Act 2014 , or

• (c) in Northern Ireland, to a county court.

• (5) In England and Wales or in Northern Ireland, an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

Compensation for seizure and detention

13

• (1) Where an officer exercises any power under paragraph 10 to seize and detain any relevant products or records, the enforcement authority is liable to pay compensation to any person having an interest in the item seized and detained in respect of any loss or damage caused by the exercise of the power if—

• (a) there has been no contravention of any provision of these Regulations, and

• (b) the exercise of the power is not attributable to any neglect or default by that person.

• (2) Any disputed question as to the right to, or the amount of, any compensation payable under this paragraph must be determined by arbitration—

• (a) in England and Wales or Northern Ireland, in accordance with the Arbitration Act 1996 , or

• (b) in Scotland, in accordance with the Arbitration (Scotland) Act 2010 .

Recovery of the expenses of enforcement

14

• (1) This paragraph applies where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any relevant products or records.

• (2) The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse the enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the relevant products or records.

Power of the Commissioners for Her Majesty's Revenue and Customs to disclose information

15

• (1) If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) applies of any functions conferred on that person by any provisions of these Regulations, the Commissioners for Her Majesty's Revenue and Customs may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported goods.

• (2) This sub-paragraph applies to the enforcement authority and to any officer authorised by the enforcement authority.

• (3) A disclosure of information made to any person under sub-paragraph (1) must be made in such manner as may be directed by the Commissioners for Her Majesty's Revenue and Customs and may be made through such persons acting on behalf of that person as may be so directed.

• (4) Information may be disclosed to a person under sub-paragraph (1) whether or not the disclosure of the information has been requested by or on behalf of that person.

Savings for certain privileges

16

Nothing in these Regulations is to be taken as requiring any person—

• (a) to produce any records if that person would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, a claim of confidential communications, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled, or

• (b) to answer any question or give any information if to do so would incriminate that person or that person's spouse or civil partner.

Savings for civil rights

17

A contract for the supply of relevant products is not void or unenforceable by reason only of a contravention of any provision of these Regulations.

SCHEDULE 5 — Other legislation for which penalties are applied

1

Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability .

2

Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles .

3

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information .

4

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users .

5

Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles .

6

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information .

7

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor .

8

Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems .

SCHEDULE 6 — Consequential amendments and revocations

PART 1 — Consequential amendments

CHAPTER 1 — Primary legislation

Amendment of the Public Passenger Vehicles Act 1981

1

• (1) Section 6 of the Public Passenger Vehicles Act 1981 (certificate of initial fitness (or equivalent) required for use as public service vehicles) is amended as follows.

• (2) In subsection (1)(d)(i), for “EC certificate of conformity”, substitute “ EU certificate of conformity ”.

• (3) In subsection (1ZB), for “regulation 6”, substitute “ regulation 21 ”.

• (4) For subsection (3), substitute—

(3) In this section— - “Approval Regulations” means the Road Vehicles (Approval) Regulations 2020; - “EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; - “individual approval certificate” means a certificate issued under regulation 18(10) of the Approval Regulations; - “national small series certificate of conformity” means a certificate issued under regulation 16(7) of the Approval Regulations.

Amendment of the Road Traffic Act 1988

2

• (1) The Road Traffic Act 1988 is amended as follows.

• (2) In section 67 (testing of condition of vehicles on roads), in subsection (3B)(a), for “Annex II to the road vehicles type approval Directive”, substitute “ Article 4 of the road vehicles type approval Regulation ”.

• (3) In section 79 (further provisions relating to weighing of motor vehicles)—

• (a) in subsection (A2), for “Annex II to Directive 2007/46/EC”, substitute “ Article 4 of the road vehicles type approval Regulation ”;

• (b) omit subsection (6).

• (4) In section 85(1) (interpretation of Part II), in the definition of “EC certificate of conformity”—

• (a) in paragraph (a)—

• (i) in sub-paragraph (iii), omit the second “or”;

• (ii) in sub-paragraph (iv), at the end, insert—

, or (v) Article 36 or 37 of the road vehicles type approval Regulation;

• (b) in paragraph (d)—

• (i) in sub-paragraph (i), omit “or”;

• (ii) in sub-paragraph (ii), at the end, insert—

, or (iii) Article 36 or 37 of the road vehicles type approval Regulation;

• (5) In section 85(1) (interpretation of Part II), after the definition of “the road vehicles type approval Directive”, insert—

“the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

• (6) In section 86 (index to Part II), in the table, after the entry relating to “Road vehicles type approval Directive”, insert—

Road vehicles type approval Regulation	Section 85

Amendment of the Vehicle Excise and Registration Act 1994

3

• (1) Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty) is amended as follows.

• (2) In Part IA (light passenger vehicles registered before 1 April 2017: graduated rates of duty)—

• (a) in paragraph 1A, for sub-paragraph (2), substitute—

(2) In sub-paragraph (1)(b)(i) a “light passenger vehicle” means, as the case may be, a vehicle— (a) within Category M₁ of Annex II to Council Directive 70/156/EEC (vehicle with at least four wheels used for carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), (b) within Category M₁ of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or (c) within Category M₁ of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).

• (b) in paragraph 1G, for sub-paragraph (1), substitute—

(1) References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of— (a) Council Directive 70/156/EEC, (b) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or (c) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

• (3) In Part 1AA (light passenger vehicles registered on or after 1 April 2017), in paragraph 1GA—

• (a) for sub-paragraph (2), substitute—

(2) In sub-paragraph (1)(b)(i) a “light passenger vehicle” means— (a) a vehicle within Category M₁ of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or (b) a vehicle within Category M₁ of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).

• (b) for sub-paragraph (2A) , substitute—

(2A) For the purposes of sub-paragraph (1A) a vehicle is a “motor caravan” if the certificate mentioned in sub-paragraph (1)(b) identifies the vehicle as a motor caravan within the meaning of— (a) Annex II to Directive 2007/46/EC, or (b) Part A of Annex I to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

• (c) for sub-paragraph (4), substitute—

(4) References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of— (a) Directive 2007/46/EC, or (b) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

• (4) In Part IB (light goods vehicles), in paragraph 1H, for sub-paragraph (2), substitute—

(2) In sub-paragraph (1)(b) a “light goods vehicle” means, as the case may be, a vehicle— (a) within Category N₁ of Annex II to Council Directive 70/156/EEC (vehicle with four or more wheels used for carriage of goods and having a maximum mass not exceeding 3.5 tonnes), (b) within Category N₁ of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes), or (c) within Category N₁ of Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes).

Amendment of the Income Tax (Earnings and Pensions) Act 2003

4

• (1) Section 171(1) of the Income Tax (Earnings and Pensions) Act 2003 (minor definitions: general) is amended as follows.

• (2) For the definition of “EC certificate of conformity”, substitute—

“EC certificate of conformity” means a certificate of conformity within the meaning of— (a) Council Directive 70/156/EEC, (b) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or (c) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

• (3) For the definition of “EC type-approval certificate”, substitute—