Paragraph 1 Specified approvals

(1)

Chapter 2 of Part 2 of these Regulations does not apply to light sources and separate control gears specifically tested and approved to operate—

(a)

in potentially explosive atmospheres, within the meaning of regulation 2(1) of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016^f1;

(b)

for emergency use;

(c)

in radiological installations, within the meaning of regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations 2017^f2;

(d)

in or on military or civil defence establishments, equipment, ground vehicles, marine equipment or aircraft;

(e)

in or on motor vehicles, their trailers and systems, interchangeable towed equipment, components and separate technical units as set out in—

(i)

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009^f3 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor;

(ii)

agricultural and forestry vehicles as set out in Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013^f4 on the approval and market surveillance of agricultural and forestry vehicles;

(iii)

two- or three-wheel vehicles and quadricycles at set out in Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013^f5 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles;

(f)

in or on non-road mobile machinery as set out in Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016^f6 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, and in or on trailers for such machinery;

(g)

in or on interchangeable equipment within the meaning of regulation 2(1) of the Supply of Machinery (Safety) Regulations 2008^f7 that—

(i)

is intended to be—

(aa)

towed; or

(bb)

mounted and fully raised from the ground,

by vehicles as set out in Regulation (EU) No 167/2013 (agricultural and forestry vehicles); or

(ii)

cannot articulate around a vertical axis when the agricultural or forestry vehicle to which it is attached is in use on a road;

(h)

in or on civil aviation aircraft;

(i)

in railway vehicle lighting, and for this purpose “railway vehicle” is construed in accordance with regulation 2(1) of the Railways (Interoperability) Regulations 2011^f8;

(j)

in marine equipment, within the meaning of regulation 2(1) of the Merchant Shipping (Marine Equipment) Regulations 2016^f9; or

(k)

in medical devices, within the meaning of regulation 2(1) of the Medical Devices Regulations 2002^f10.

(2)

For the purposes of this paragraph “specifically tested and approved” means that, in relation to an operating condition or application, the light source or separate control gear—

(a)

has been specifically tested for that operating condition or application, in accordance with standards produced by an international standardising body;

(b)

is accompanied by evidence in the form of a—

(i)

certificate;

(ii)

type approval mark; or

(iii)

test report,

that the product has been specifically approved for that operating condition or application; and

(c)

is placed on the market specifically for that operating condition or application, as evidenced by—

(i)

the information in the technical documentation; and

(ii)

except in a case to which sub-paragraph (1)(d) applies, information on the packaging and any advertising or marketing materials.

(3)

The evidence referred to in sub-paragraph (2)(b) must be included in the technical documentation.

Annotations

Footnotes

f1: S.I. 2016/1107.
f2: S.I. 2017/1322.
f3: EUR 2009/661.
f4: EUR 2013/167.
f5: EUR 2013/168.
f6: EUR 2016/1628.
f7: S.I. 2008/1597.
f8: S.I. 2011/3066.
f9: S.I. 2016/1025, as amended by S.I. 2019/470.
f10: S.I. 2002/618; relevant amending instruments are S.I. 2008/2936 and 2019/791.