Regulation 5 Approval of type vehicles or type vehicle componentsI1
United Kingdom
Where the Minister is satisfied on an application made to him in accordance with Regulation 6 by or on behalf of the manufacturer of a motor vehicle to which these Regulations apply or of a vehicle component and after examination of the vehicle or, as the case may be, the vehicle component that—
the vehicle or vehicle component conforms with—
the information given in relation to the vehicle or vehicle component in the information document which accompanied the application, and
the type approval requirements; and
adequate arrangements have been made to secure that other vehicles or other vehicle components purporting to conform with that vehicle or, as the case may be, that component in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as are permitted by those requirements,
he shall approve the vehicle as a type vehicle or, as the case may be, the vehicle component as a type vehicle component and shall issue a type approval certificate in respect of it.
Where the Secretary of State is satisfied that a vehicle component conforms with the requirements referred to in paragraph (1) but it appears to him that it fulfills its function or offers a specific feature only in conjunction with another vehicle component of a particular class, he may approve the first mentioned vehicle component as a type subject to —
restrictions relating to the use of components of that type, or
conditions relating to the fitting of components of that type,
and any such restrictions and conditions shall be shown on the type approval certificate.
A type approval certificate may be issued in respect of a type vehicle where the Minister is satisfied that one or more, but not all, of the type approval requirements are complied with in the case of that vehicle and a further type approval certificate may be issued by virtue of this paragraph on the application of any person who manufactures any part of the vehicle or by whom the vehicle is finally assembled, and references in these Regulations to a manufacturer shall be construed accordingly.
Where the Minister, on such an application as is mentioned in paragraph (1), decides not to issue a type approval certificate in respect of a vehicle or vehicle component he shall give notice to the applicant of the decision stating the grounds on which it is based and informing the applicant of his right of appeal under Regulation 14 F2....
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Annotations
Textual amendments
- F1
Reg. 5(1A) added (25.7.1988) by The Motor Vehicles (Type Approval) (Amendment) Regulations 1988 (S.I. 1988/1103), regs. 1, 3
- F2
Words in reg. 5(3) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 49(3)(a) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Reg. 5(4) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 49(3)(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)