European Communities (Road Vehicles: Type-Approval) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 158/2009
• Year: 2009

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary and General

1. Citation and commencement.

2. Scope.

3. Interpretation.

4. Approval Authority.

5. Approval: general.

6. Obligations of manufacturer.

Part 2

EC Type-Approval

7. Applications for EC type-approval.

8. Grant of EC type-approval: obligations of Approval Authority.

9. Amendments to EC type-approvals.

10. EC certificates of conformity and approval marks.

11. Tests and associated checks.

12. Duty to co-operate with approval authority.

13. Information for users and other manufacturers.

14. Withdrawal or suspension of EC type-approval.

15. EC type-approval of small series.

16. Validity of EC type-approvals.

Part 3

Unsafe or Harmful Vehicles and Vehicle Parts

17. Parts and equipment which may pose a significant risk to the correct functioning of essential systems.

18. Recall of vehicles.

Part 4

National Approvals

19. Applications for national small series type-approval.

20. Grant of national small series type-approval.

21. Validity of national small series type-approvals.

22. Recognition of national type-approvals (small series) granted in other Member States.

23. Individual approval.

24. Recognition of individual approvals granted in other Member States.

Part 5

Enforcement

25. Offences and prosecution.

26. Authorised officers.

Part 6

Miscellaneous

27. Type-approval certificates and individual approval certificates: validity and underlying approval.

28. Duty to give reasons.

29. Review.

30. Service of notices.

31. Pollution control devices.

32. Indemnification of approval authorities.

33. Saving for applications made, approvals granted and certificates issued under former regulations.

34. Amendments and cesser of application.

SCHEDULES

Schedule 1 Type-Approval Directives.

Schedule 2 Commencement, Revocations and Amendments.

Schedule 3 Requirements for the Issue of National Approvals.

Schedule 4 Maximum Permitted Numbers of Vehicles for National Small Series Type-Approval.

Schedule 5 Forms of Certificate: National Small Series Type-Approval and Individual Approval.

Schedule 6 Amending European Communities Regulations.

Schedule 7 Individual Approval: Certain Varieties of Vehicle.

S.I. No. 158 of 2009

EUROPEAN COMMUNITIES (ROAD VEHICLES: TYPE-APPROVAL) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers 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 Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 1 (as amended by the Regulations of the European Communities specified in Schedule 6), and the Directives specified in Schedule 1, and further effect to the Regulations of the European Communities specified in Schedule 1, in so far as those Directives and Regulations of the European Communities apply to the type-approval of motor vehicles, trailers and components specified in Directive 2007/46/EC, and for the purpose of giving further effect to Articles 11 and 13 of Regulation (EC) No. 715/2007 of the European Parliament and of the Council, 2 hereby make the following Regulations:

Part 1

Preliminary and General

Citation and commencement

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

(2) (a) Subject to paragraph (b), these Regulations come into operation on 29 April 2009.

(b) In their application to vehicles of the types and in the circumstances specified in column (1) of the table in Schedule 2, these Regulations come into operation:

(i) in the case of a new type of vehicle of class M1, on 29 April 2009;

(ii) in the context of Article 45(3) of the Framework Directive, in the case of a new type of vehicle of the relevant class and circumstance, other than a vehicle of class M1, on the date specified in column (4) of the table in Schedule 2;

(iii) in the case of an existing type of vehicle of the relevant class and circumstance, on the date specified in column (4) of the table in Schedule 2; and

(iv) in the case that a manufacturer has obtained from the Approval Authority an approval under these Regulations at a date earlier than that manufacturer was obliged to do so in respect of the relevant type of vehicle and circumstance by reference to subparagraph (b)(ii) and column (4) of the table in Schedule 2, in respect of that application and any consequent approval only, on the date of that application.

Scope

2. (1) Subject to paragraphs (2), (3) and (5), these Regulations apply to:

(a) the type-approval of:

(i) a vehicle that is designed and constructed in one or more stages for use on a road, and

(ii) systems, components and separate technical units designed and constructed for such a vehicle;

(b) the individual approval of:

(i) a vehicle to which subparagraph (a) applies, and

(ii) a vehicle that has been the subject of type-approval for the purposes of the Framework Directive and which has, prior to its first registration or entry into service after the grant of that type-approval, been modified; and

(c) parts and equipment intended for a vehicle to which subparagraph (a) applies.

(2) These Regulations do not apply to:

(a) agricultural or forestry tractors as defined in Directive 2003/37/EC of the European Parliament and of the Council 3 and trailers designed and constructed specifically to be towed by them;

(b) two-wheeled or three-wheeled vehicles, or quadricycles as defined in Directive 2002/24/EC of the European Parliament and of the Council; 4 or

(c) tracked vehicles.

(3) Where paragraph (4) applies, these Regulations apply to a vehicle of any of the following types to the extent that that vehicle comes within the requirements of the Framework Directive:

(a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(b) vehicles that are designed and constructed for use by the Defence Forces, Civil Defence, fire services or the Garda Síochána; and

(c) mobile machinery.

(4) This paragraph applies where:

(a) a manufacturer makes an application under Regulation 7, Regulation 15, Regulation 19 or Regulation 23 or makes a notification under Regulation 24; and

(b) where an application is made under Regulation 23 or notification is made under Regulation 24, at the date of that application or notification:

(i) the vehicle has not been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles, or

(ii) where the vehicle is not so registrable, no EC certificate of conformity, national small series certificate of conformity or individual approval certificate has effect with respect to the vehicle and it has not been put into service on a road.

(5) Where paragraph (6) applies, these Regulations apply with the exception of Part 2, Part 3 and Regulations 19 to 22, to:

(a) vehicles intended exclusively for racing on roads;

(b) prototypes of vehicles which have been specially designed and constructed for use on the road under the responsibility of a manufacturer for the purpose of performing a specific test programme.

(6) This paragraph applies where:

(a) a manufacturer makes an application under Regulation 23 or makes a notification under Regulation 24 in respect of a vehicle described in paragraph (5); and

(b) at the date of that application or notification, as the case may be:

(i) the vehicle has not been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles, or

(ii) where the vehicle is not so registrable, no EC certificate of conformity or national small series certificate of conformity has effect with respect to the vehicle and it has not been put into service on a road.

(7) Paragraph (3) is without prejudice to the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ).

Interpretation

3. (1) In these Regulations:

“1978 Regulations” means the European Communities (Motor Vehicles Type-approval) Regulations 1978 ( S.I. No. 305 of 1978 );

“1982 Regulations” means the Road Vehicle (Registration and Licensing) Regulations 1982 ( S.I. No. 311 of 1982 );

“1992 Regulations” means the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );

“2009 (No. 1) Regulations” means the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 );

“approval authority” has the meaning given by Article 3(29) of the Framework Directive and, unless the context requires otherwise, includes the Approval Authority;

“Approval Authority” has the meaning given to it by Regulation 4;

“approval” means type-approval and individual approval;

“authorised officer” means a person authorised by the RSA under Regulation 25 or an officer of the Revenue Commissioners authorised under section 858 of the Taxes Consolidation Act 1997 (No. 39 of 1997);

“certificate of conformity” means the document that has been issued by the manufacturer in the prescribed format and which certifies that a vehicle belonging to the relevant type that has been approved in accordance with the Framework Directive or these Regulations complied with all applicable regulatory acts at the time of its production, and includes an EC certificate of conformity and a national small series certificate of conformity;

“component”, in relation to a vehicle, means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved independently of a vehicle where the regulatory act makes express provisions for so doing;

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