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The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Type Statutory-Instrument

Publication 2022-12-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) in the eleventh row (country of registration), for “in the EU” substitute “in the UK or the EU”;

(iii) in the thirty-ninth row (has the car been used with wrong fuel type), for “non-commercially available EU quality fuel” substitute “fuel that is neither commercially available nor UK quality fuel”;

(iv) in the forty-eighth row (driving in non-EU Member States), for “in a non EU Member State” substitute “outside the United Kingdom in a country which is not an EU Member State”;

(v) in the forty-ninth row (country in which vehicle refuelled) for “outside a country applying the EU Fuel Standards” substitute “in a country outside the UK which does not apply the EU Fuel Standards”.

(4) In Annex IIIA (verifying real driving emissions)—

(a) omit point 2.3;

(b) in point 2.4, for “Article 7(1) of Regulation (EC) No 715/2007” substitute “Article 63 of Regulation (EU) 2018/858”;

(d) in point 3.1.3.2.1, for “Annex IX to Directive 2007/46/EC”, in both places it occurs, substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;

(e) in point 6.4, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986[^f00141]”;

(f) in point 6.5, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(g) in point 6.9—

(i) in the second subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36A of the Road Vehicles (Construction and Use) Regulations 1986”;

(ii) in the third subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(h) in point 7.4, omit “for the Union”;

(i) in Appendix 5 to Annex IIIA—

(i) in point 4.4.2 and 4.4.3, in the second subparagraph in each case, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(ii) after point 4.4.3, in the titles to Figure 5 and Figure 6, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(j) in Appendix 6 to Annex IIIA—

(i) in point 2.1 in the final subparagraph—

(aa) for “Commission” substitute “Secretary of State”;

(bb) for “mathetical” substitute “mathematical”;

(ii) in point 2.3, in the first subparagraph, in the final sentence, for “Commission” substitute “Secretary of State”;

(k) in Appendix 7—

(i) in point 1, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;

(ii) in point 5.2—

(aa) for “MS-OEM-X-Y” substitute “GB-OEM-X-Y”;

(bb) omit the words from “MS is the distinguishing” to “type-approval(¹)”;

(iii) in point 5.3, for “EC” substitute “GB”.

(5) In Annex XI (on-board diagnostics for motor vehicles)—

(a) for point 4.4, substitute—

(4.4) Paragraph 5.2.1(c) of Annex 11 to UNECE Regulation 83[^f00142] shall be read as if “The Type Approval Authority shall transmit this information to the Type Approval Authorities of the Contracting Parties and” were omitted.

(b) in point 4.6, for “EC” substitute “GB”;

(i) in the second subparagraph—

(aa) omit “and, upon request, to the Commission”;

(bb) for “in the Union” substitute “in Great Britain”;

(ii) in the third subparagraph—

(aa) in the penultimate sentence, omit “by Member States”;

(bb) omit the final sentence.

(6) In Annex XII (type-approval of vehicles fitted with eco-innovations etc)—

(a) in point 1.1, for “an EC type-approval” substitute “a GB type-approval”;

(b) in point 1.2, after “Commission Decision” inset “or the decision of the Secretary of State”;

(d) in point 2.1, for “Article 3(7) of Directive 2007/46/EC”, substitute “Article 3(8) of Regulation (EU) 2018/858”;

(e) in point 2.6, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”.

(7) In Annex XIII (EC type-approval of replacement pollution control devices as separate technical units)—

(a) in the heading, and the heading at point 3, for “EC” substitute “GB”;

(b) in point 3.1, for “an EC” substitute “a GB”;

(i) for “EC type-approval”, each time it occurs, substitute “GB type-approval”;

(ii) in the first subparagraph, for the words from “letter” to the end, substitute “letter ‘g’ followed by the number 11”;

(iii) in the second subparagraph, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(d) in points 3.3 and 3.4, for “EC” substitute “GB”;

(e) in point 4.1.5, for “EC type-approval” substitute “GB type-approval”;

(f) in point 6.1, for “Article 12 of Directive 2007/46/EC”, substitute “Article 31 of Regulation (EU) 2018/858”;

(g) in point 6.2.1, for “point 2.2 of Annex X to Directive 2007/46/EC”, substitute “point 2.1 of Annex IV to Regulation (EU) 2018/858”;

(h) in point 6.2.2, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) of Regulation (EU) 2018/858”;

(i) in Appendix 1, in the heading, and in point 0.7, for “EC” substitute “GB”;

(j) in Appendix 2—

(i) for “EC type-approval”, in the headings and each other time it occurs, substitute “GB type-approval”;

(ii) in point 0.7, for “EC” substitute “GB”;

(k) in Appendix 3—

(i) in the heading, for “EC” substitute “GB”;

(ii) for the image, substitute—

[image omitted]

(iii) in the text following the image, omit “in France (e 2),”.

(8) In Annex XIV (Access to vehicle OBD and vehicle repair and maintenance information)—

(a) in point 2.2—

(i) in the second subparagraph, for the words from the beginning to “Article 13 will” substitute “The Secretary of State may by regulations”;

(ii) after the second subparagraph, insert—

Article 15 of Regulation (EC) No 715/2007 applies to regulations made by the Secretary of State under this paragraph as it applies to regulations made under Regulation (EC) No 715/2007.

(b) in Appendix 1, after “the provisions of” insert “the following Regulations, as they apply in domestic law”.

(9) In Annex XXI (Type 1 emissions test procedures), in point 3.2.18, for “Annex IV and Annex XI of Directive 2007/46/EC”, substitute “Annex II of Regulation (EU) 2018/858”.

Commission Regulation (EU) 2017/2400: Articles

82

(1) Commission Regulation (EU) 2017/2400 is amended as follows.

(2) In Article 1 (subject matter), for “in the Union” substitute “in Great Britain”.

(3) In Article 2 (scope)—

(a) in paragraph 1, for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;

(b) in paragraph 3, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(4) In Article 3 (definitions)—

(a) omit point (5);

(b) in point (16), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

a hybrid vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy or power— (a) a consumable fuel; (b) an electrical energy or power storage device, such as, for example, a battery, capacitator, flywheel or generator;

(5) In Article 5 (electronic tools)—

(a) in paragraph 1—

(i) in the opening words, for “The Commission shall provide free of charge the following tools in the form of downloadable and executable software”, substitute “The approval authority must use the following electronic tools, as provided by the Commission under Article 5 of this Regulation as it has effect in EU law”;

(ii) in the closing words, omit the words from “The Commission” to the end;

(b) omit paragraph 2.

(6) In Article 6(4) (application for a licence to operate the simulation tool etc)—

(a) for “an EC type-approval”, both times it occurs, substitute “a GB type-approval”;

(b) omit “and access to vehicle repair and maintenance information” both times it occurs;

(7) In Article 9 (obligation to determine and declare CO₂ emissions and fuel consumption)—

(a) in paragraph 1, for “in the Union” both times it occurs, substitute “in Great Britain”;

(b) in paragraph 5, for “Article 24 of Directive 2007/46/EC” substitute “Article 45 of Regulation (EU) 2018/858”.

(8) In Article 10 (modifications, updates and malfunctions of electronic tools)—

(a) in paragraph 1, after “made available” insert “by the Commission in accordance with paragraph 1 of Article 5 of this Regulation as it applies in EU law”;

(b) after paragraph 1, insert—

(1a) The approval authority must notify approval holders as soon as practicable on each occasion that the simulation tool is updated by the Commission.

(9) In Article 11 (accessibility of the simulation tool inputs and output information)—

(a) in paragraph 1, omit “and the Commission”;

(b) omit paragraphs 2 and 3.

(10) In Article 12 (components, separate technical units and systems relevant to determine CO₂ emissions and fuel consumption), after paragraph 7, insert—

(8) A manufacturer may choose to comply with paragraphs 2, 3 and 4 by submitting values determined in accordance with Articles 13 and 14, and certified in accordance with Article 17, of Regulation (EU) 2017/2400 as it applies in EU law, provided that the components, separate technical units or systems concerned were certified before 31st December 2026.

(11) In Article 16(3) (application for certification of CO₂ emissions and fuel consumption related properties), in the second subparagraph—

(a) for “an approval” substitute “the approval”;

(b) for “point 1 of Annex X of Directive 2007/46/EC” substitute “point 2 of Annex IV of Regulation (EU) 2018/858”.

(12) In Article 19(1) (subsequent changes relevant to the certification of CO₂ emissions etc), after “pursuant to” insert “Article 12(8) or”.

(13) In Article 20 (responsibilities re conformity of simulation tool operation)—

(a) in paragraph 1, in the second subparagraph, omit the words from “and shall make them available” to the end;

(b) in paragraph 2—

(i) in the second subparagraph, omit the second sentence;

(ii) omit the fourth subparagraph.

(14) In Article 21 (remedial measures for the conformity of simulation tool operation), in paragraph 3, omit “and all the other Member States”.

(15) In Article 22 (responsibilities re conformity of CO₂ emissions etc)—

(a) in paragraph 1—

(i) for “Annex X to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2018/858”;

(ii) after “Article 17”, insert “or with Article 12(8), where such components, separate technical units and systems are fitted to the vehicle,”;

(b) in paragraph 2, for the second sentence, substitute “In the case of components, separate technical units or systems approved under Article 12(8), the manufacturer must provide the approval authority with the test reports that were sent to the certifying approval authority in the relevant member State.”;

(d) in paragraph 4, for “Any approval authority” substitute “The approval authority”.

(16) In Article 23 (remedial measures for the conformity of CO₂ emissions etc)—

(a) in paragraph 1, after “Article 17” insert “or Article 12(8)”;

(b) in paragraph 3, in the first sub-paragraph, omit “and all the other Member States”.

(17) In Article 24(1) (transitional provisions), in the opening words, for “Member States shall prohibit the registration, sale or entry into service of” substitute “the registration, sale or entry into service of the following vehicles is prohibited”.

(18) After Article 27 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

Commission Regulation (EU) 2017/2400: Annexes

83

(1) The Annexes to Commission Regulation (EU) 2017/2400 are amended as follows.

(2) In Annex II (requirements and procedures: operation of simulation tool)—

(a) in point 1.1.3, omit the words from “consulting” to “as well as”;

(b) in Appendix 2—

(i) after “Regulation (EU) 2017/2400” insert “both as they have effect in domestic law”;

(ii) in Section II, omit point 2.

(3) In Annex III (input information: characteristics of the vehicle), in the second subparagraph of point 4.1, for “Annex IV and Annex XI to Directive 2007/46/EC” substitute “Annex II to Regulation (EU) 2018/858”.

(4) In Annex V (verifying engine data)—

(a) in appendix 4, in point 7.4, for “EC” substitute “GB”;

(b) in appendix 6—

(i) for point 1.3, substitute—

(1.3) The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.

(ii) in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) in point 1.4.1—

(aa) for the image, substitute—

[image omitted]

(bb) in the words following the image, omit “in Poland (e20),”;

(iv) in point 1.5.1—

(aa) for the image, substitute—

[image omitted]

(bb) in the words following the image, omit “in Poland (e20),”;

(v) in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;

(vi) in the table following point 2.1, in the column headed “Section 3” for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.

(5) In Annex VI (verifying transmission, torque convertor and other data)—

(a) in point 3.4.7, for “an approval” substitute “the approval”;

(b) in point 8, for “an approval” substitute “the approval”;

(d) in Appendices 2, 3, 4 and 5, in point 0.8 in each case, for “EC approval” substitute “GB approval”;

(e) in Appendix 7—

(i) for point 1.3, substitute—

(1.3) The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.

(ii) in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) in point 1.5—

(aa) for the image, substitute—

[image omitted]

(bb) in the words following the image, omit “in Poland (e20),”;

(iv) in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;

(v) in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.

(6) In Annex VII (verifying axle data)—

(i) in point 5.1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;

(b) in Appendix 1—

(i) in the opening section—

(aa) after “2017/2400” the first time it appears, insert “as it has effect in domestic law, as last amended by S.I. …./….”;

(bb) omit the following words “Commission Regulation (EU) 2017/2400 as last amended by …”;

(ii) in Section I, in point 0.5, for “EC” substitute “GB”;

(i) for point 1.3, substitute—

(1.3) The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.

(ii) in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) in point 1.4.1—

(aa) for the image, substitute—

[image omitted]

(bb) in the words following the image, omit “in Poland (e20),”;

(iv) in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;

(v) in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.

(7) In Annex VIII (verifying air drag data)—

(a) in point 2(12), for the definition ‘EMS’ substitute “‘EMS’ means the European Modular System, denoting a vehicle combination consisting of a vehicle of category N, towing both a semi-trailer and either a trailer or a dolly, whether or not coupled together in that order”;

(b) in Appendix 1—

(i) in the opening section—

(aa) after “2017/2400” the first time it appears, insert “as last amended by S.I. …./….”;

(bb) omit the following words “Commission Regulation (EU) 2017/2400 as last amended by …”;

(ii) in Section I, in point 0.6, for “EC” substitute “GB”;

(i) in tables 11 and 13, in the second row (width), omit “(96/53/EC)”;

(ii) in table 15—

(aa) omit “(96/53/EC)” each time it occurs;

(bb) in the eighth row (front overhang), and the tenth row (corner front/side panel), omit “, 96/53/EC”;

(d) in Appendix 8—

(i) for point 1.3, substitute—

(1.3) The certification mark as a rectangle surrounding the lower-case letter ‘g’ followed by the number 11.

(ii) in point 1.4, for “Annex VII to Directive 2007/46/EC” substitute “point 2.4 of Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) in point 1.4.1—

(aa) for the image, substitute—

[image omitted]

(bb) in the words following the image, omit “in Poland (e20),”;

(iv) in point 2.1, in the example certification number, at the beginning, for “eX” substitute “g11”;

(v) in the table following point 2.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.

(8) In Annex X (certification procedure for pneumatic tyres)—

(a) in point 3.3—

(i) in the opening words, for “Article 41 of Directive 2007/46/EC” substitute “Article 68 of Regulation (EU) 2018/858”;

(ii) in point (i), for “an approval” substitute “the approval”;

(iii) in point (ii), for “Directive 2007/46/EC, Article 41” substitute “Article 68(1)(a) of Regulation (EU) 2018/858,”;

(b) in point 3.4.4, for “Article 19(2) of Directive 2007/46/EC” substitute “Article 38 of Regulation (EU) 2018/858”;

(c) in Appendix 1, in the opening words, for “as amended by Commission Regulation (EU) 2019/318” substitute “as last amended by S.I. …. / ….”;

(d) in Appendix 4—

(i) in point 1.1, in the example certification number, at the beginning, for “eX” substitute “g11”;

(ii) in the table following point 1.1, in the column headed “Section 3”, for “Latest amending Regulation (ZZZZ/ZZZZ)” substitute “Latest amending Statutory Instrument (S.I. ZZZZ/ZZZZ)”.

(9) In Annex Xa (conformity of simulation tool operation and of CO₂ emissions and fuel consumption related properties etc)—

(a) in paragraph 3(f), after “manufacturer” insert “in Great Britain”;

(b) in the table following paragraph 3(f), for the heading to the second column, substitute

Regulation (EU) 2019/2144

84

Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, is revoked.

Commission Implementing Regulation (EU) 2020/683: Articles

85

(1) Commission Implementing Regulation (EU) 2020/683 is amended as follows.

(2) In Article 1 (templates for the information document)—

(a) in paragraph 1, in the opening words, for “EU type-approval” substitute “GB type-approval”;

(b) in paragraph 2, for “EU whole-vehicle” substitute “GB whole-vehicle”.

(3) In Article 2 (templates for EU type-approval certificates)—

(a) in the heading—

(i) for “EU” the first two times it occurs, substitute “GB”;

(ii) for “small” substitute “medium”;

(iii) omit “, and EU individual vehicle approval certificates”;

(b) for “an EU” each time it occurs, substitute “a GB”;

(4) In Article 3—

(a) in the heading, omit “national” both times it occurs;

(b) for “small” substitute “medium”.

(5) In Article 4, omit “, 44(4)”.

(6) In Article 5 (model for the EU type-approval mark for components and separate technical units), including in the heading, for “EU type-approval” both times it appears, substitute “GB type-approval”.

Commission Implementing Regulation (EU) 2020/683: Annexes

86

(1) The Annexes to Commission Implementing Regulation (EU) 2020/683 are amended as follows.

(2) In Annex I—

(a) in the explanatory notes—

(i) for the words in note (⁸), substitute “According to section 1 of the Automated and Electric Vehicles Act 2018 (c.18).”;

(ii) for the words in note (²⁹), substitute “Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the European Parliament and of the Council (EUR 2012/1230).”;

(iii) in note (⁵⁶), for the words “Regulation No 101” to the end, substitute “Regulation (EC) 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 (EUR 2007/715)”;

(iv) for the words in note (⁶⁰), substitute “Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂ emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (EUR 2019/631).”;

(v) omit note (⁶¹);

(vi) in notes (⁶⁵) and (⁶⁶), for “Commission Decision” substitute “document”;

(vii) in note (¹⁰⁶), for “EU” substitute “GB”;

(viii) in notes (¹⁴⁴)—

(aa) for “Commission Decision” substitute “Document”;

(bb) in the second sentence, for “Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 140. 5.6.2009, p. 1)” substitute “Regulation (EU) 2019/631 (EUR 2019/631)”;

(ix) in note (¹⁴⁵), for “Commission Decision” substitute “document”;

(x) in note (¹⁴⁷), for “Commission Implementing Regulation XX/XXX of …. on” substitute “this Regulation,”;

(xi) in note (¹⁵¹), for the words after “consist of” to the end, substitute “the two-digit codes for each individual eco-innovation, each separated by a blank space”;

(xii) in note (¹⁵⁵), for the existing text substitute “The speedometer must be capable of showing both imperial and metric measures, at the choice of the driver, if they are not displayed simultaneously.”;

(xiii) in note (¹⁵⁶)—

(aa) for “Member States” substitute “Secretary of State”;

(bb) for the words from “in a Member State” to the end, substitute “intended for use in right hand traffic”;

(b) in the Template for an information document for the EU type-approval of vehicle, systems, components or separate technical units—

(i) in the heading, for “EU” substitute “GB”;

(ii) in the opening paragraph, and on each other time it occurs, for “EU type-approval” substitute “GB type-approval”;

(iii) for point 1.11, substitute—

(1.11) Vehicle is designed to be capable, in at least some circumstances or situations, of safely driving itself: yes/no (⁴) (⁸).

(iv) in point 2.4.2.1.3, for “Article 9a of Council Directive 96/53/EC (²⁹)” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012 (²⁹)”;

(v) in point 2.6.4, for “Additional mass” substitute “Increase in mass”;

(vi) in point 3.5.6, for the words from “Article 12” to “N₁ vehicles”, substitute “Article 11 of Regulation (EU) No 2019/631 of the European Parliament and of the Council (⁶⁰)”;

(vii) in the table at point 3.5.6.3, in the heading of the first column, for “Decision” substitute “Document”;

(viii) in point 3.5.8, for the words from “Article 12” to “N1 vehicles”, substitute “Article 11 of Regulation (EU) No 2019/631 of the European Parliament and of the Council (⁶⁰)”.

(3) In Annex II (template for an information document for whole vehicle step-by-step approval)—

(a) in the heading, for “EU” substitute “GB”;

(b) in the opening paragraph, for “EU type-approval” substitute “GB type-approval”;

(4) In Annex III (templates for approval certificates)—

(a) in point 1.2, omit the words from “(for approval” to “Greek characters)”;

(b) in point 1.3, in the second subparagraph—

(i) omit “national”, the first time it occurs;

(ii) for “National” substitute “GB” ;

(d) omit point 1.6;

(e) in point 1.7, omit “national”;

(f) in the template for Model A—

(i) in the heading and in the opening section—

(aa) for “EU vehicle” substitute “GB vehicle”;

(bb) for “EU whole” each time it occurs, substitute “GB whole”;

(cc) for “EU type-approval” each time it occurs, substitute “GB type-approval”;

(ii) after “Communication concerning granting/extension/refusal/withdrawal”—

(aa) in the second indent, for “Commission” substitute “approval authority”, and omit “in accordance with Article 39(3) thereof”;

(bb) omit the third indent;

(cc) in the fourth indent, for “small” substitute “medium”;

(dd) in the fifth indent, for “national” substitute “GB”;

(iii) in Section II—

(aa) for “EU type-approval” substitute “GB type-approval”;

(bb) in the heading before Part 2, for “EU VEHICLE” substitute “GB VEHICLE”;

(iv) in Part 2, for “EU type-approval”, each time it occurs, substitute “GB type-approval”;

(g) in the template for Model B—

(i) in the heading, and in the opening section, for “EU type-approval” substitute “GB type-approval”;

(ii) in the opening section, for “EU system”, each time it occurs, substitute “GB system”;

(iii) after “Communication concerning granting/extension/refusal/withdrawal”—

(aa) in the second indent, for “Commission” substitute “approval authority”, and omit “in accordance with Article 39(3) thereof”;

(bb) omit the third indent;

(iv) in the Addendum following Section II, for “EU type-approval” in the heading and in point 2, substitute “GB type-approval”;

(h) in the template for Model C—

(i) in the heading, for “EU” substitute “GB”;

(ii) in the opening section, for “EU component” each time it occurs, substitute “GB component”;

(iii) after “Communication concerning granting/extension/refusal/withdrawal”—

(aa) in the second indent, for “Commission” substitute “approval authority” and omit “in accordance with Article 39(3) thereof”;

(bb) omit the third indent;

(iv) in the following subparagraph, for “EU” substitute “GB”;

(v) in Section I, in point 0.7, for “EU” substitute “GB”;

(vi) in the Addendum following Section II, in the heading, for “EU” substitute “GB”;

(i) omit the template for Model D;

(j) in the template for Model E—

(i) in the heading, omit “national” both times it occurs;

(ii) in the row following the heading, for “e(4)” substitute “g11”;

(iii) in the text before Section I, omit “national” both times it occurs;

(iv) in Section I, in the text after point 0.10—

(aa) in the second paragraph, for “issuing Member State” substitute “approval authority”;

(bb) in the third paragraph, for “(name of the Member State)” substitute “Great Britain”;

(k) in Appendix 1—

(i) in the heading, omit “EU individual vehicle approval certificate and of the national”;

(ii) in the section relating to Category N2, in point 5.2, for “Article 9a of Directive 96/53/EC” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”;

(iii) in the section relating to Category N3, in point 5.2, for “Article 9a of Directive 96/53/EC” substitute “Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”.

(5) In Annex IV (approval certificate numbering system)—

(a) for point 2.1, substitute—

The lower-case letter ‘g’ is followed by the number 11.

(b) in point 2.2—

(i) for “an EU type-approval” both times it occurs, substitute “a GB type-approval”;

(ii) for “or Commission Implementing Regulation” substitute “, Commission Implementing Regulation or Statutory Instrument”;

(iii) after point (c), insert—

(d) the number of the Statutory Instrument laying down the applicable requirements.

(i) in the opening words—

(aa) for “or Commission Implementing Regulation” substitute “, Commission Implementing Regulation or Statutory Instrument”;

(bb) after “Regulation/Directive” both times it occurs, insert “/Statutory Instrument”;

(ii) in the second paragraph—

(aa) in the opening words and in point (a), for “an EU type-approval”, substitute “a GB type-approval”;

(bb) in point (a), for “small” substitute “medium”;

(cc) in point (b), omit “national”;

(dd) omit point (c);

(ee) in point (d), for “a national” substitute “an”;

(iii) in the third paragraph, for “Directive or Regulation” both times it occurs, substitute “Directive, Regulation or Statutory Instrument”;

(d) in point 2.4—

(i) for “an EU” both times it occurs, substitute “a GB”;

(ii) for “EU type-approval” substitute “GB type-approval”;

(iii) for “small series”, the first time it occurs, substitute “medium series”;

(iv) for “national” substitute “GB”;

(v) omit “EU individual vehicle approval or a national”;

(vi) for “Member States” substitute “Secretary of State”;

(e) in point 2.5, omit “EU individual vehicle approval and national”;

(f) in point 3.1—

(i) in the opening words, omit “granted by France”;

(ii) in points (a) to (d), at the beginning of the example approval certificate numbers, for “e2” substitute “g11”;

(g) in point 3.2—

(i) for “EU whole” substitute “GB whole”;

(ii) omit “by Ireland”;

(iii) at the beginning of the example number, for “e24” substitute “g11”;

(h) in point 3.3—

(i) for “an EU type-approval” substitute “a GB type-approval”;

(ii) for “small” substitute “medium”;

(iii) omit “by Luxembourg”;

(iv) at the beginning of the example number, for “e13” substitute “g11”;

(i) in point 3.4—

(i) omit “national”;

(ii) omit “by the Netherlands”;

(iii) at the beginning of the example number, for “e4” substitute “g11”;

(j) omit point 3.5;

(k) in point 3.6—

(i) “a national” substitute “an”;

(ii) omit “by Austria”;

(iii) at the beginning of the example number, for “e12” substitute “g11”;

(l) in point 4, in the second subparagraph, for “EU type-approval” substitute “GB type-approval”;

(m) in point 4.6.1—

(i) omit “by Germany”;

(ii) at the beginning of the example number, for “e1” substitute “g11”;

(n) in point 4.6.2—

(i) omit “by Croatia”;

(ii) at the beginning of the example number, for “e25” substitute “g11”.

(6) In Annex V (EU type-approval mark of components and separate technical units)—

(a) in the heading, and in point 1, for “EU type-approval” substitute “GB type-approval”;

(b) for point 1.1, substitute—

(1.1) A rectangle surrounding the lower-case letter ‘g’, followed by the number 11.

(i) omit “by Belgium”;

(ii) for the image, substitute—

[image omitted]

(d) in point 4—

(i) in the second subparagraph—

(aa) in the opening words, for “EU type-approvals” substitute “GB type-approvals”;

(bb) in the final sentence in point (b), for the words after “lower-case letter ‘e’” to the end, substitute “the lower-case letter ‘g’ shall be used, followed by the number 11”,

(ii) in the third subparagraph, omit “by Germany”;

(iii) for the image following the third subparagraph, substitute—

[image omitted]

(7) In Annex VI (template for the test result sheet)—

(a) in the opening sentence, for “EU type-approval” substitute “GB type-approval”;

(b) in each table in point 4, in the heading of the first column, for “Decision” substitute “Document”.

(8) In Annex VII (format of test reports for type-approval), in paragraph 2, for the words from “one of the official languages” to the end, substitute “English”.

(9) In Annex VIII (certificate of conformity in paper format)—

(a) in point 1.4, omit the words in brackets;

(b) in Part 1 of the Appendix—

(i) in the Section relating to Model A1, in the text below point 0.11, for “can be permanently registered in Member States having” substitute “is suitable for”;

(ii) in the Section relating to Model A2, in the text below point 0.11, for “can be permanently registered in Member States having” substitute “is suitable for”;

(iii) in the Section relating to Model B, Part 1, in point 0.11(c), for “can be permanently registered in Member States having” substitute “is suitable for”;

(i) in Vehicle Categories M2, M3, N2, and N3, in each case in point 5.2, for “complying with Article 9a of Directive 96/53/EC” substitute “complying with Appendix 5 of Annex I to Commission Regulation (EU) 1230/2012”;

(ii) in Vehicle Category O3 and O4, in point 17—

(aa) for the second sentence, substitute—

Only for national traffic, the lower-case letter ‘g’ followed by the number 11

(bb) omit the third sentence.

Commission Implementing Regulation (EU) 2020/1812

87

(1) Commission Implementing Regulation (EU) 2020/1812 is amended as follows.

(2) Omit Articles 1 (common secure electronic exchange system), 2 (security measures) and 3 (procedure for the exchange of type-approval information).

(3) In Article 4 (list of EU type-approvals)—

(a) In the heading, for “EU” substitute “GB”;

(b) in paragraph 1—

(i) for “Member States make” substitute “the Secretary of State makes”;

(ii) for “lists of EU type-approvals” substitute “list of GB type-approvals”;

(iii) omit “using ETAES”;

(iv) for “they shall” substitute “the Secretary of State must”;

(v) for “Member States shall” substitute “The Secretary of State must”;

(i) omit point (a);

(ii) for “EU type-approval”, each time it occurs, substitute “GB type-approval”;

(d) omit paragraph 3.

(4) After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

Signed

Signed by authority of the Secretary of State for Transport

Jesse Norman — Minister of State — Department for Transport — 7th December 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in the exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of type-approval for road vehicles and non-road mobile machinery, replacing the amendments made by the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) which expire on 31st December 2022.

They also amend a number of Commission Regulations relating to the type approval of road vehicles, trailers, and the systems, components and separate technical units for them.

These include Commission Regulations made under Regulation (EU) 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 (Regulation (EU) 661/2009). The Commission Regulations amended include Regulations setting out the type-approval requirements in relation to—

(a) windscreen defrosting and demisting systems;

(b) rear registration plates;

(d) windscreen wiper and washer systems;

(e) wheel guards; spray suppression systems; tyres; gear shift indicators;

(f) the masses and dimensions of motor vehicles and their trailers; and

(g) vehicle access and manoeuvrability.

They also include Commission Regulations relating to—

(a) the type-approval of the eCall in-vehicle system, and of hydrogen-powered vehicles and their components;

(b) the type-approval of vehicles and engines in relation to emissions from heavy duty vehicles, and emissions from light passenger and commercial vehicles; and

(c) the administrative requirements for the approval and market surveillance of motor vehicles, trailers, and systems, components and separate technical units for motor vehicles.

In addition, using powers under the Road Traffic Act 1988, these Regulations amend Commission Regulation (EU) No 19/2011 concerning type-approval requirements for the manufacturer’s statutory plate and for the vehicle identification number of motor vehicles and their trailers and implementing Regulation (EU) 661/2009 to allow an alternative statutory plate to be displayed on vehicles that are also type approved in the EU, and Commission Regulation (EU) 1230/2012 implementing Regulation (EU) 661/2009 with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers to allow for the type approval in Great Britain of vehicles within the scope of that Regulation which have a height exceeding 4 metres.

The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk, or from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.

Footnotes

[^f00001]: 2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). Section 8C was inserted by section 21 of the 2020 Act, and paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to the 2020 Act.

[^f00002]: 1988 c. 52.

[^f00003]: EUR 2017/79.

[^f00004]: EUR 2017/78.

[^f00005]: EUR 2020/683.

[^f00006]: EUR 2009/631.

[^f00007]: EUR 2010/406.

[^f00008]: EUR 2010/672.

[^f00009]: EUR 2010/1003.

[^f00010]: EUR 2010/1005.

[^f00011]: EUR 2010/1008.

[^f00012]: EUR 2010/1009.

[^f00013]: EUR 2011/19.

[^f00014]: EUR 2011/109.

[^f00015]: EUR 2011/458.

[^f00016]: EUR 2011/582.

[^f00017]: EUR 2012/65.

[^f00018]: EUR 2012/130.

[^f00019]: EUR 2012/347.

[^f00020]: EUR 2012/351.

[^f00021]: EUR 2012/1230.

[^f00022]: EUR 2017/1151.

[^f00023]: EUR 2017/2400.

[^f00024]: EUR 2020/1812.

[^f00025]: EUR 2007/715.

[^f00026]: EUR 2009/78.

[^f00027]: EUR 2009/79.

[^f00028]: EUR 2009/595.

[^f00029]: EUR 2009/661.

[^f00030]: EUR 2013/167, as amended by S.I. 2019/648.

[^f00031]: EUR 2013/168, as amended by S.I. 2019/648.

[^f00032]: EUR 2014/540.

[^f00033]: EUR 2015/758.

[^f00034]: EUR 2018/858, as amended by S.I. 2019/648 and 2020/818.

[^f00035]: S.I. 2019/648. Regulation 10A was inserted by S.I. 2019/1156.

[^f00036]: 1981 c. 14. Section 6 has been amended by section 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), section 46 of the Criminal Justice Act 1982 (c. 48), section 10 of the Transport Act 1982 (c. 49), paragraph 14 of Schedule 4 to the Road Traffic Act 1991 (c. 40), S.I. 2009/818, and 2020/818.

[^f00037]: 2020 c. 27.

[^f00038]: EUR 2018/858.

[^f00039]: Section 57 was amended by s. 17(1)(a) of the Transport Act 1982 and S.I. 1992/3107.

[^f00040]: S.I. 1999/2149, amended by S.I. 2020/818.

[^f00041]: OJ L 60, 2.3.2013, p. 52.

[^f00042]: OJ L 60, 2.3.2013, p. 1.

[^f00043]: S.I. 2009/718, amended by S.I. 2020/818.

[^f00044]: S.I. 2018/235.

[^f00045]: 1994 c. 22. There are amendments to section 7 which are not relevant to these Regulations.

[^f00046]: 1988 c. 52. Subsection (1A) was inserted by S.I. 2019/648. Subsection (1D) is inserted by these Regulations.

[^f00047]: 2020 c. 27.

[^f00048]: S.I. 2018/236.

[^f00049]: 1994 c. 22. There are amendments to section 7 which are not relevant to these Regulations.

[^f00050]: 2020 c. 27.

[^f00051]: S.I. 2018/764, amended by S.I. 2019/648 and 2020/1393.

[^f00052]: 2020 c. 27.

[^f00053]: S.I. 2020/818.

[^f00054]: 2020 c. 27.

[^f00055]: OJ L 325, 16.12.2019, p. 1.

[^f00056]: 2018 c. 16, as amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00057]: OJ L 169, 25.6.2019, p. 1.

[^f00058]: OJ L 199, 28.7.2008, p. 1.

[^f00059]: OJ L 167, 25.6.2011, p. 1.

[^f00060]: OJ L 175, 7.7.2017, p. 1.

[^f00061]: OJ L 171, 29.6.2007, p. 1.

[^f00062]: OJ L 188, 18.7.2009, p. 1.

[^f00063]: 1988 c. 52. Subsection (1ZA) was inserted by S.I. 2019/648.

[^f00064]: S.I. 1998/2051.

[^f00065]: S.I. 2009/818.

[^f00066]: OJ L 42, 23.2.1970, p. 1.

[^f00067]: OJ L 263, 9.10.2007, p. 1.

[^f00068]: 1988 c. 52.

[^f00069]: S.I. 2003/2635, amended by S.I. 2019/188. There are other amendments to these Regulations which are not relevant for this instrument.

[^f00070]: EUR 2012/1230.

[^f00071]: OJ L 268, 21.10.2000, p. 34.

[^f00072]: OJ L 67, 5.3.2020, p. 119.

[^f00073]: A copy of UNECE Regulation 133.00 is available at https://unece.org/fileadmin/DAM/trans/main/wp29/wp29regs/2015/R133e.pdf. A hard copy may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR.

[^f00074]: OJ L 310, 25.11.2005, p. 10.

[^f00075]: 1988 c. 52.

[^f00076]: S.I. 1988/1478.

[^f00077]: S.R. 2003 No. 304.

[^f00078]: OJ L 123, 19.5.2015, p. 77.

[^f00079]: S.I. 2008/1597.

[^f00080]: S.I. 2020/818, amended by S.I. 2020/1393.

[^f00081]: EUR 765/2008.

[^f00082]: OJ L 151, 14.6.2018, p. 1.

[^f00083]: 2020 c. 27.

[^f00084]: 2018 c. 16.

[^f00085]: 1988 c. 52. Subsection (1A) was inserted by S.I. 2019/648.

[^f00086]: S.I. 1986/1078.

[^f00087]: S.I. 1998/3111.

[^f00088]: EUR 2019/631.

[^f00089]: EUR 2020/683.

[^f00090]: S.I. 1986/1082, amended by S.I. 1994/2867, 2001/55 and 2009/3046.

[^f00091]: S.I. 1998/3111.

[^f00092]: S.I. 2001/561, amended by S.I. 2001/1079 and 2002/2687.

[^f00093]: EUR 2016/1628.

[^f00094]: EUR 2017/1151.

[^f00095]: EUR 2018/858.

[^f00096]: EUR 2020/683.

[^f00097]: EUR 2018/858, as amended by S.I. 2019/648, 2020/818 and 2020/1393.

[^f00098]: EUR 2020/631.

[^f00099]: EUR 2010/406.

[^f00100]: OJ L 231, 26.8.2016, p. 41.

[^f00101]: OJ L 183, 10.7.2015, p. 91.

[^f00102]: OJ L 35, 8.2.2018, p. 1.

[^f00103]: EUR 2011/19.

[^f00104]: OJ L 292, 10.11.2010, p. 2.

[^f00105]: OJ L 117, 6.4.2021, p. 1.

[^f00106]: OJ L 151, 14.6.2018, p. 1.

[^f00107]: OJ L 163, 26.5.2020, p. 1.

[^f00108]: OJ L 8, 12.1.2011, p. 1.

[^f00109]: OJ L 117, 6.4.2021, p. 1.

[^f00110]: EUR 2012/1230.

[^f00111]: OJ L 34, 9.2.2011, p. 2.

[^f00112]: OJ L 117, 6.4.2021, p. 1.

[^f00113]: OJ L 269, 26.10.2018, p. 36.

[^f00114]: S.I. 1999/3107.

[^f00115]: OJ L 52, 23.2.2018, p. 1.

[^f00116]: OJ L 52, 23.2.2018, p. 1.

[^f00117]: OJ L 42, 18.2.2016, p. 1.

[^f00118]: S.I. 1998/3111.

[^f00119]: S.I. 1986/1078.

[^f00120]: S.I. 2003/1998.

[^f00121]: S.I. 1998/3111.

[^f00122]: S.I. 2016/1152.

[^f00123]: OJ L 52, 23.2.2018, p. 1.

[^f00124]: OJ L 230, 31.8.2010, p. 81.

[^f00125]: OJ L 60, 2.3.2013, p. 1.

[^f00126]: 1988 (c. 52). Subsection (1A) (S.I. 2020/1393) was inserted, with (1B) and (1C), into section 55 by S.I. 2019/648, as amended by S.I. 2020/818 and 1393. Subsection (1D) is inserted by these Regulations.

[^f00127]: OJ L 60, 2.3.2013, p. 52.

[^f00128]: 1988 (c. 52). Subsection (1A) was inserted, with (1B) and (1C), into section 55 by S.I. 2019/648, as amended by S.I 2020/818 and 1393.

[^f00129]: OJ L 42, 23.2.1970, p. 16.

[^f00130]: 1988 c. 52. Subsection (1A) was inserted by S.I. 2019/648.

[^f00131]: 2003 c. 21.

[^f00132]: 2018 c. 12.

[^f00133]: EUR 2016/679.

[^f00134]: S.I. 2003/2426.

[^f00135]: 2018 c. 12.

[^f00136]: S.I. 2013/2426.

[^f00137]: EUR 2016/679.

[^f00138]: EUR 2019/631.

[^f00139]: EUR 2007/715.

[^f00140]: S.I. 1999/1307.

[^f00141]: S.I. 1986/1078. Paragraphs 36A and 36B were inserted by S.I. 1988/271 and 1991/1527 respectively.

[^f00142]: OJ L 172, 3.7.2015, p. 1.

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