Article 49 Making available on the market, registration or entry into service of end-of-series vehicles
United Kingdom
Subject to the limits specified in Part B of Annex V, and for a limited period of time as specified in paragraph 2, F1the Secretary of State may register and permit the making available on the market or entry into service of vehicles conforming to a type of vehicle whose F2GB type-approval is no longer valid.
The first subparagraph shall apply only to vehicles within the territory of the F3United Kingdom which were covered by a valid GB type-approval at the time of their production and which had not been registered or entered into service before that GB type-approval lost its validity.
Paragraph 1 shall only apply, in the case of complete vehicles, for a period of 12 months from the date on which validity of the F4GB type-approval expired and, in the case of completed vehicles, for a period of 18 months from that date.
A manufacturer who wishes to benefit from paragraph 1 shall submit a request to the F5approval authority. The request shall specify any technical or economic reasons preventing those vehicles from complying with the new technical requirements.
The F6approval authority shall decide, within three months of receiving such a request, whether to permit the registration or the entry into service of those vehicles F7..., and if so, the number of such vehicles.
F8The Secretary of State must apply appropriate measures to ensure that the number of vehicles to be registered or entered into service in the framework of the procedure set out in this Article is effectively monitored.
A request may be made under paragraph 3 in relation to—
motor vehicles in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—
were in the United Kingdom before IP completion date, or
are qualifying Northern Ireland goods,
trailers in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—
were in the United Kingdom before 1st January 2023, or
are qualifying Northern Ireland goods, and
motor vehicles or trailers in relation to which the manufacturer holds a relevant NI type-approval which is no longer valid under the EU Type Approval Regulation.
In paragraph 5, “relevant EU approval” and “relevant NI approval” have the meanings given in Article 5A.
Where a request made under paragraph 3 includes any vehicle or trailer referred to in paragraph 5, references in paragraphs 1 and 2 to “GB type-approval” include a reference to “EU type-approval in accordance with the EU Type Approval Regulation”.
Annotations
Textual amendments
- F1
Words in Art. 49(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(a)(i)
- F2
Word in Art. 49(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(a)(ii)
- F3
Words in Art. 49(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(a)(iii)
- F4
Word in Art. 49(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(b)
- F5
Words in Art. 49(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(c)(i)
- F6
Words in Art. 49(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(c)(ii)(aa)
- F7
Words in Art. 49(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(c)(ii)(bb)
- F8
Words in Art. 49(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(d)
- F9
Art. 49(5)-(7) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 32(2)(e)