The Road Vehicles (Approval) Regulations 2020
2020 No. 818
Road Traffic
The Road Vehicles (Approval) Regulations 2020
Made 3rd August 2020
Laid before Parliament 7th August 2020
Coming into force 1st September 2020
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)1.
The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to—
(a) the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme, and
(b) measures relating to wireless telegraphy including radio equipment2.
These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references in these Regulations (and in the consequential amendments made by these Regulations) 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 vehicles3and to Regulation (EC) No 661/2009of 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 therefore4to be construed as references to versions of those Regulations as they may be amended from time to time.
PART 1
Introduction
Citation and commencement
1. These Regulations—
(a) may be cited as the Road Vehicles (Approval) Regulations 2020, and
(b) come into force on 1st September 2020.
Interpretation
2.—(1) In these Regulations—
“the 1994 Act” means the Vehicle Excise and Registration Act 19945;
“enforcement authority” means the Secretary of State;
“the 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 vehicles6, as amended from time to time;
“relevant products” means—
(a) vehicles,
(b) systems,
(c) components,
(d) separate technical units,
(e) parts, or
(f) equipment;
“UNECE Regulation” means, in respect of a Regulation of a particular number—
(a) a UNECE Regulation of that number listed in Annex IV of Regulation (EC) No 661/2009of 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 therefor7, as amended from time to time, or
(b) a UN Regulation of that number specified in Chapter XII of, and Annex II to, the Type Approval Regulation.
(2) Unless otherwise provided, any word or expression used in these Regulations which is defined in Article 3 of the Type Approval Regulation has the meaning given in that Article.
PART 2
EU type-approval
Appointment of approval authority
3. The Secretary of State is the approval authority for the purposes of these Regulations and the Type Approval Regulation.
Market surveillance authority
4. The Secretary of State is the market surveillance authority for the purposes of—
(a) these Regulations and the Type Approval Regulation, and
(b) where applied by the Type Approval Regulation or otherwise applicable to relevant products, Regulation (EC) No 765/2008of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/938.
Requirement to supply documentation or additional information: failure to comply
5. Where a manufacturer who makes an application for type approval fails to comply with a requirement to supply documentation or additional information under the second subparagraph of paragraph 4 of Article 25 of the Type Approval Regulation, the approval authority may treat the application as having been withdrawn by the manufacturer.
Refusal of EU type-approval application
6.—(1) The approval authority must refuse an EU type-approval application if the requirements of—
(a)
(a) Articles 26 and 29 to 31, or
(b)
(b) Article 39,
of the Type Approval Regulation have not been complied with.
(2) The requirements of Article 30 of the Type Approval Regulation are not complied with if the tests required by that Article demonstrate that there is non-compliance with the technical requirements mentioned in paragraph 1 of that Article.
(3) The requirements of Article 31 of the Type Approval Regulation are not complied with if the approval authority is not satisfied that the applicant has made or will make adequate arrangements to ensure that—
(a)
(a) production will conform to the approved type, or
(b)
(b) the data in the certificates of conformity are correct.
Conformity of production: record keeping
7. The holder of an EU type-approval, or national small series vehicle type approval in accordance with Article 42 of the Type Approval Regulation, must compile and retain for inspection by the approval authority for a period of five years commencing with the date of compilation, such records of tests and checks undertaken that are sufficient to demonstrate—
(a) conformity of production to the approved type,
(b) compliance of certificates of conformity to Article 36 or Article 37 of the Type Approval Regulation, and
(c) that the data in certificates of conformity issued by the holder are correct.
Review of decisions
8.—(1) All decisions taken pursuant to the Type Approval Regulation and all decisions refusing or withdrawing type approval, refusing registration, prohibiting or restricting the placing on the market, registration or entry into service of a vehicle or requiring withdrawal of a vehicle from the market must be given by notice in writing (“a relevant notice”) and state—
(a)
(a) in detail the reasons on which they are based,
(b)
(b) the remedies available to the party concerned under the laws in force in the United Kingdom, and
(c)
(c) the time limits allowed for the exercise of such remedies.
(2) Where the approval authority has given a person a relevant notice, that person may apply to the approval authority for a reconsideration of the decision given in that notice.
(3) An application under paragraph (2) must—
(a)
(a) be made within the period of 28 days beginning on the date when the relevant notice is received, and
(b)
(b) state the reasons for making the application and be accompanied by such further evidence as the person believes supports those reasons.
(4) The approval authority may—
(a)
(a) request evidence in support of the application,
(b)
(b) after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the application.
(5) The approval authority must as soon as reasonably practicable—
(a)
(a) give written notification to the applicant stating whether the decision is confirmed, amended or reversed, and
(b)
(b) if the decision is reversed or amended, take the appropriate action in respect of the revised decision.
(6) An applicant aggrieved by the approval authority’s notification under paragraph (5) may by notice request the approval authority to appoint an independent assessor to review the decision to which the relevant notice relates.
(7) A request under paragraph (6) must—
(a)
(a) be made not later than 28 days after receipt of the approval authority’s notification under paragraph (5), and
(b)
(b) state the reasons for the request.
(8) As soon as reasonably practicable after the date of receipt of the request under paragraph (6), the approval authority must—
(a)
(a) appoint a person to act as assessor or, at the authority’s discretion, not more than three persons to act as an assessment panel, and
(b)
(b) notify the applicant of the appointment.
(9) The independent assessor or assessment panel may—
(a)
(a) request further evidence in support of the request for review;
(b)
(b) after giving reasonable notice to the applicant, carry out a re-examination of one or more vehicles for the purpose of determining the issues raised by the request for review.
Withdrawal of approvals: mistake or error
9.—(1) Subject to the provisions of this regulation, the approval authority may decide to withdraw any approval given by it by reason of mistake or error on the part of that authority.
(2) A decision to withdraw an approval must be given by notice in writing (“a relevant notice”) and specify—
(a)
(a) the nature of the mistake or error, and
(b)
(b) the date from which the approval is to be withdrawn, which must be not less than 28 days nor more than six months after the date on which the relevant notice is given.
(3) Regulation 8(2) to (9) applies to the review of a decision under this regulation.
(4) Any review of a decision under this regulation may, subject to the requirement in paragraph (2)(b), vary the date from which the approval is to be withdrawn.
Withdrawal and suspension of approvals: effect
10.—(1) If the holder of an approval which has been withdrawn or suspended pursuant to the Type Approval Regulation or these Regulations purports by virtue of that approval to—
(a)
(a) issue a certificate of conformity with respect to a vehicle, or
(b)
(b) affix a statutory plate or mark...
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