The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004
S.I. 2004/2106 · Made 4 August 2004
ROAD TRAFFIC
Made 4th August 2004
Laid before Parliament 24th August 2004
Coming into force 1st October 2004
The Secretary of State for Transport, in exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988f1, and the powers conferred by section 56(1) and (2) of the Finance Act 1973f2 with the consent of the Treasury, and of powers conferred by the Department of Transport (Fees) Order 1988f3 and section 128 of the Finance Act 1990f4, and in relation to the exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988, after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), section 83 and Schedule 8.
- f2
- f3
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S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant references in S.I. 1988/643 are Table II and paragraph 4 of Table III of Schedule 1. S.I. 1988/643 was amended by S.I. 1996/1961; there are other amending instruments but none is relevant.
- f4
Contents
- 1Citation and commencement
- 2Preliminary
- 3Amendment to Regulation 3 (Interpretation)
- 4Increase in Fees
- 5Amendments to Schedules 1 to 4
- 6Amendments to Schedule 5
- 7Amendments to Schedule 5
- 8Amendments to Schedule 5
- Signature
- Schedule THESchedule THE
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
2Preliminary
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999f1 shall be amended in accordance with the following provisions of these Regulations.
3Amendment to Regulation 3 (Interpretation)
In regulation 3(2) for the definition of “Framework Directive” there shall be substituted—
““Framework Directive” means Council Directive 70/156/EECf1 as amended by amendments up to and including those effected by Commission Directive 2004/78/ECf2;”
4Increase in Fees
In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
TABLE
| Regulation | Existing Fee | Substituted Fee |
|---|---|---|
| Regulation 4(1) | £84 | £86 |
| Regulation 9(5) | £50 | £51 |
| Regulation 10(4), (5) and (6) | £35 | £36 |
| Regulation 11(1)(b) | £56 | £58 |
| Regulation 13(2)(a) | £115 | £117 |
| Regulation 13(2)(b) | £252 | £257 |
| Regulation 13(4)(a) | £112 | £114 |
| Regulation 13(4)(b) | £329 | £336 |
5Amendments to Schedules 1 to 4
For Schedules 1 to 4 there shall be substituted the Schedules set out in the Schedule to these Regulations.
6Amendments to Schedule 5
The Table in Part I of Schedule 5 shall be amended as follows.
In item 8 (Rear view mirrors), there shall be added in the third and fourth columns after the last entry—
| 2003/97/EC† | L25, 29.1.04, p.1 |
In item 59 (Fuel consumption), there shall be added in the third and fourth columns after the last entry—
| 2004/3/EC† | L49, 19.2.04, p.36 |
In item 73 (Speed limiters), there shall be added in the third and fourth columns after the entry of the Principal Directive—
| 2004/11/EC† | L44, 14.2.04, p.19 |
In item 90 (Motorcycles), there shall be added in the third and fourth columns after the last entry—
| 2003/77/EC* | L211, 21.8.03, p.24 |
After item 98, there shall be added as a new item in the first, second, fourth and fifth columns—
| 99 | 2003/102/EC† | L321, 6.12.03, p.15 | Pedestrian protection |
7Amendments to Schedule 5
In the Table in Part II of Schedule 5 there shall be added after the last entry in the third, fourth and fifth columns—
| 432/2004 | 10.3.2004 | L71, 10.3.04, p.3 |
8Amendments to Schedule 5
The Table in Part III of Schedule 5 shall be amended as follows.
In item 14 (Seat belt anchorages), there shall be added after the last entry in the third and fourth columns—
| 14.06 | 26 Feb 04 |
Signature
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
22nd July 2004
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
John Heppell
Joan Ryan
Two Lords Commissioners Of Her Majesty’s Treasury
4th August 2004
Schedule THE
“SCHEDULE 1
FEES FOR THE EXAMINATION OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS OR THE EUROPEAN REGULATIONS APPLY WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS
Regulations 5 and 6
PART 1
THE GREAT BRITAIN REGULATIONS
(1) (2) (3) Description of examination Fee No. Amount of fee (£) Examination of a vehicle with a view to the issue of a type approval certificate 60000 1,771 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 60001 1,771 Examination of a vehicle where there has been a valid application for a certificate by virtue of section 58(4) 60002 1,730 PART II
THE GREAT BRITAIN REGULATIONS (LOW VOLUME TYPE APPROVAL)
(1) (2) (3) Description of examination Fee No. Amount of fee (£) Examination of a low volume type approval vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 60010 1,769 Examination of a low volume type approval vehicle where there has been a valid application for a certificate by virtue of section 58(4) 60011 616 PART III
THE EUROPEAN REGULATIONS
(1) (2) (3) Description of examination or part of examination Fee No. Amount of fee (£) Receipt of application and planning of the examination process 60020 293 Examination of a vehicle 60021 1,876 Compilation and administrative checking of documentation in relation to: (a)each type of vehicle, and
60022 411 (b)for each variant—
(i)where less than 5 versions are involved
60023 49 (ii)where 5 or more versions are involved
60024 99 Further compilation and administrative checking of documentation, submitted in place of original documentation, in relation to: (a)each type of vehicle, and
60025 204 (b)for each variant—
(i)where less than 5 versions are involved
60026 25 (ii)where 5 or more versions are involved
60027 49 SCHEDULE 2
FEES FOR THE EXAMINATION WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY
Regulation 5(2) and (3)
(1) (2) Description of examination Amount of fee/Vehicle category (a) (b) (c) L2, L5, N1 N2 N3 2 axle 3 axle 4 axle Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£) Examination of a type vehicle consisting of 50 or less variants with a view to the issue of a type approval certificate 70000 866 70001 1,586 70002 2,496 70003 2,751 70004 2,751 Examination of a type vehicle consisting of more than 50 variants with a view to the issue of a type approval certificate 70005 866 70006 1,586 70007 3,051 70008 3,639 70009 3,639 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 70010 866 70011 1,165 70012 1,420 70013 1,453 70014 1,453 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(4) 70015 832 70016 1,131 70017 1,386 70018 1,386 70019 1,386 SCHEDULE 3
FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLE PARTS
Regulation 9(1)
(1) (2) (3) Description of document Fee No. Amount of fee (£) (A) ECE REGULATIONS Type approval certificate 80000 36 Type approval certificate modifying a type approval certificate 80001 75 (B) COMMUNITY INSTRUMENTS Type approval certificate 80002 36 Issuing of amended pages and index sheet of an information package in accordance with the first indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary 80003 36 Issuing of an amended type approval certificate together with amended pages and index sheet of information package in accordance with the second indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary 80004 75 (C) NATIONAL TYPE APPROVAL SCHEME Type approval certificate 80005 36 Minister’s approval certificate under section 58(1) 80006 36 (D) DUPLICATE Duplicate type approval, Minister’s approval, EEC or ECE type approval certificate 80007 47 (E) LETTERS OF COMPLIANCE OR NO CONCERN Acknowledgement at the request of the holder: 80008 36 (i)that its type approved products are recognised as being tested and in conformity with the type approval standards and are suitable for use on roads in this country; or
(ii)that, notwithstanding a departure from the particulars specified in a type approval, Minister’s approval, EEC or ECE type approval certificate, or in a related information document, an application for an extension, variation or substitution of those documents is considered to be unnecessary
NB Where both EEC and ECE certificates are issued concurrently in respect of the same vehicle part, the total fee for two certificates shall be one and a half times Nos 80000, 80001, 80002, 80003 or 80004 above as appropriate. SCHEDULE 4
FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLES
Regulation 9(2), (3) and (4)
PART I
VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£) (A) TYPE APPROVAL CERTIFICATES Type approval certificate in respect of a type vehicle not being issued in replacement of one or more Minister’s approval certificates 80011 527 Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates 80012 78 Duplicate type approval certificate 80013 47 (B) MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is not a low volume type approval vehicle 80014 300 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is not a low volume type approval vehicle 80015 0.33 Duplicate Minister’s approval certificate for a vehicle which is not a low volume type approval vehicle 80016 47 (C) LOW VOLUME MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is a low volume type approval vehicle 80017 300 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is a low volume type approval vehicle 80018 1.11 Duplicate Minister’s approval certificate for a vehicle which is a low volume type approval vehicle 80019 47 PART II
VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£) (A) TYPE APPROVAL CERTIFICATES Type approval certificate in respect of a type vehicle consisting of 50 or less variants 80030 191 Type approval certificate in respect of a type vehicle consisting of more than 50 variants 80031 227 Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates 80032 78 Further type approval certificate issued in replacement of a certificate issued under section 55(4) 80033 78 Duplicate type approval certificate 80034 47 (B) MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle 80035 114 Minister’s approval certificate under section 58(1) when issued after a partial examination of a vehicle 80036 78 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle 80037 0.65 Duplicate Minister’s approval certificate for a vehicle 80038 47 PART III
VEHICLES TO WHICH THE EUROPEAN REGULATIONS APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£) Type approval certificate issued in accordance with article 4(1)(a) of the Framework Directive 80050 71 Duplicate of a type approval certificate which was issued in accordance with article 4(1)(a) of the Framework Directive 80051 47 Issue of amended pages and index sheet of an information package in accordance with the first indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary 80052 36 Issue of an amended type approval certificate together with amended pages and index sheet of an information package in accordance with the second indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary. 80053 71 ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 (“the 1999 Regulations”) which prescribe the fees payable for the examination of vehicles and vehicle parts, the examination of complete vehicles and the issue of documents in connection with the type approval (both European and National) of vehicles and vehicle parts.
Regulation 3 replaces the existing definition of “Framework Directive” in regulation 3(2) of the 1999 Regulations. The new definition encompasses the further amendments that have been made to Council Directive 70/156/EEC (on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers) by Directives 2003/97/EC (OJ No. L25, 29.1.2004, p.1), 2004/03/EC (OJ No. L49, 19.2.2004, p.36) and 2004/78/EC (OJ No. L153, 30.4.2004, p.100).
The other changes relate to the fee amounts. Regulations 4, 5 and the Schedule provide for an average increase of 2% (over the amounts set out in The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2003 (S.I. 2003/2258) in respect of the fees payable. This is with the exception of fee no. 60026 set out in part III of new Schedule 1, which remains unchanged at £25.
Regulations 6, 7 and 8 amend Schedule 5 to the 1999 Regulations so as to take account of new or amended ECE Regulations and Community Instruments. (The terms “ECE Regulations” and “Community Instruments” are defined in regulation 3(2) of the 1999 Regulations.)
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business beyond an increase in fees in line with inflation.
Copies of the ECE Regulations and Community Instruments referred to in these Regulations may be obtained from the Stationery Office.