European Communities (Motor Vehicles Type Approval) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 127/2009
• Year: 2009

S.I. No. 127 of 2009

EUROPEAN COMMUNITIES (MOTOR VEHICLES TYPE APPROVAL) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th April, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the power conferred on me by section 3 (as amended by the European Communities Act 2007 (No. 18 of 2007)) of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to the Directives specified in Schedule 1 and to Articles 11 and 13 of Regulation (EC) No. 715/2007 (1) of the European Parliament and of the Council, hereby make the following Regulations—

Citation and commencement.

1. (1) These Regulations may be cited as the European Communities (Motor Vehicles Type Approval) Regulations 2009.

(2) These Regulations come into operation on 2 April 2009.

Interpretation.

2. (1) In these Regulations—

“certificate of conformity” means a certificate issued by a vehicle or component manufacturer or its authorised representative in accordance with paragraphs (1) and (2) of Regulation 9;

“component” means a part, aspect or feature of or for a vehicle (including a system or parts which form a separate technical unit) that is the subject of a scheduled Directive, and includes any part of the equipment of a vehicle and anything intended for the protection of a person in a vehicle, whether or not it forms part of the vehicle;

“the NSAI” means the National Standards Authority of Ireland established by section 6 of the National Standards Authority of Ireland Act 1996 (No.18 of 1996);

“the RSA” means the Road Safety Authority established by section 3 of the Road Safety Authority Act 2006 (No.14 of 2006);

“scheduled Directive” means a Directive specified in Schedule 1;

“type approval certificate” means a certificate issued by the NSAI in accordance with paragraphs (3) and (4) of Regulation 6;

“type approval mark” means a mark issued by the NSAI under Regulation 6(3) in accordance with a scheduled Directive; and

“type approval requirements”, in relation to a vehicle or component, means the requirements of the applicable scheduled Directives relating to the design, construction, equipment and marking of the vehicle or component.

(2) In these Regulations, a word or phrase that is defined in a scheduled Directive has that meaning unless otherwise stated.

Application of these Regulations.

3. These Regulations apply to and in relation to a vehicle (including a trailer) to which a scheduled Directive applies and to a component of such a vehicle.

Approval authority.

4. The National Standards Authority of Ireland (in these Regulations called “the NSAI”) is the approval authority for the State for the purposes of—

(a) Directive 70/156/EEC (1) (as amended by Council Directive No. 92/53/EEC (2) of 18 June 1992) and

(b) Directive 2002/24/EC (3) .

Application for type approval.

5. (1) An application for type approval of a vehicle or component to which these Regulations apply shall be made in writing to the NSAI by the manufacturer of the vehicle or component or the manufacturer’s authorised representative.

(2) An application for type approval shall be accompanied by an information document duly completed and by any other documents required by the information document.

(3) If a manufacturer or its authorised representative has made, in the State, an application for type approval, neither it nor its representative may make a similar application in another member State in respect of the same type of vehicle or component.

Approval of vehicle or component as type vehicle or type component.

6. (1) If the NSAI is satisfied in respect of an application for type approval—

(a) that the vehicle or component concerned is of a type that is in conformity with—

(i) the information given in the information document, and

(ii) the type approval requirements applicable to the vehicle or component, and

(b) that arrangements have been made by the manufacturer or its authorised representative to ensure that other vehicles or components of that type will conform with the information given in the information document and with the type approval requirements,

the NSAI shall approve the vehicle or component as a type vehicle or type component.

(2) For a vehicle, the NSAI shall issue a type approval certificate.

(3) For a component, the NSAI shall issue a type approval certificate in the manner specified in the appropriate scheduled Directive and, if that Directive also provides for the issue of a type approval mark, shall also issue such a mark.

(4) A type approval certificate—

(a) for a vehicle, shall be in—

(i) the form set out in Schedule 2,

(ii) in the case of a vehicle with four or more wheels (other than such a vehicle to which Directive 2002/24/EC applies), the form set out in Annex VI to Directive 70/156/EEC (1) (as amended by Directive 2007/37/EC (2) ); or

(iii) in the case of a vehicle with two or three wheels or another vehicle to which Directive 2002/24/EC applies, the form set out in Annex III to that Directive (as amended by Directive 2006/96/EC (3) ); and

(b) for a component shall be in the form specified in the relevant scheduled Directive.

(5) If the NSAI has granted a type approval under these Regulations it shall, in co-operation with other member States if necessary, take the necessary measures to verify that relevant production models conform to the type approval.

(6) Measures taken under paragraph (5) shall be limited to spot checks.

Notice of non-conformity.

7. (1) If after considering an application for type approval the NSAI decides that the vehicle or component concerned does not conform to the information in the relevant information document or the applicable type approval requirements, it shall notify the applicant in writing of the decision.

(2) A notice under paragraph (1) shall specify the grounds for the decision.

Notification to other Member States.

8. The NSAI shall, within one month of a decision on an application for type approval, send to the competent authority of each other member State a copy of the completed information document and a copy of the type approval certificate or of the relevant notice issued under Regulation 7, as the case may be.

Certificates of conformity.

9. (1) The manufacturer (or its authorised representative) of a type vehicle for which a type approval certificate has been issued and is in force shall complete and issue a certificate of conformity for each vehicle manufactured in conformity with the type vehicle.

(2) A certificate of conformity—

(a) for a vehicle, shall be in—

(i) the form set out in Schedule 3,

(ii) in the case of a vehicle with four or more wheels (other than such a vehicle to which Directive 2002/24/EC (1) applies), the form set out in Annex IX to Directive 70/156/EEC (2) (as amended by Directive 2007/37/EC (3) ), or

(iii) in the case of a vehicle with two or three wheels or another vehicle to which Directive 2002/24/EC applies, the form set out in Annex IV to that Directive (as amended by Directive 2006/96/EC (4) ); and

(b) for a component shall be in the form specified in the relevant scheduled Directive;

(3) The manufacturer (or its authorised representative) of a component or separate technical unit of a type which has been granted type approval shall affix to each component or unit manufactured in conformity with the approved type the trade mark or name, the type and (if the appropriate Directive so requires) the type approval number.

(4) A person who fails to comply with paragraph (1), (2) or (3) commits an offence.

Marks likely to cause confusion not to be used.

10. (1) A person shall not use on a component a mark which would be liable to cause confusion between a component in respect of which a type approval mark has been issued and is in force and another component.

(2) A person who contravenes paragraph (1) commits an offence.

Conditions of type approval certificate.

11. (1) A type approval certificate or type approval mark may be issued subject to a condition of any one or more of the following kinds:

(a) relating to the inspection and assessment by the NSAI of samples of the vehicle or component to which the certificate or mark relates;

(b) requiring the manufacturer (or its representative) of the vehicle or component to permit officers of the NSAI to enter premises for the purpose of paragraph (a);

(c) requiring the manufacturer (or its representative) to notify the NSAI in writing of any alterations of the aspects of design, construction, equipment or marking of the relevant vehicle or component that are the subject of a scheduled Directive (other than alterations permitted by the type approval requirements) and of the cessation of manufacture of the vehicle or component.

(2) If the NSAI is satisfied that there has been a breach of a condition subject to which a type approval certificate or type approval mark has been issued and is in force, it may cancel the certificate or mark.

(3) A person who contravenes a condition referred to in paragraph (1) commits an offence.

Notice of cessation of manufacture or alteration.

12. (1) If the manufacturer of a vehicle or component in respect of which a type approval certificate or type approval mark has been issued and is in force proposes to cease manufacturing the vehicle or component, or so to alter the manufacture that any information supplied in the relevant information document is no longer correct, the manufacturer or its representative shall—

(a) as soon as possible, notify the NSAI in writing of the proposal, indicating the date when the manufacture is to cease or the alteration is to be made, and

(b) not later than 14 days after the manufacture ceases or the alteration is made, notify the NSAI in writing of that fact, giving the relevant date and, if appropriate, the frame or chassis...