Regulation 8 Conformity checks
The Secretary of State may from time to time carry out in Great Britain checks of any truck in respect of which a certificate of conformity has been issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom to ascertain whether it has been manufactured to conform in all respects with the requirements of the Special Directive.
For the purpose of assisting the Secretary of State to carry out such checks every manufacturer shall in respect of each truck for which he issues a certificate of conformity retain from the date of issue of that certificate proper records, including documentary evidence showing the EEC tests that have been carried out in respect of that truck or any truck of the same type and that the EEC technical requirements have been complied with, and shall produce them to the Secretary of State on request.
If the Secretary of State, after checking a truck under paragraph (1) above, is satisfied that it has not been manufactured in conformity with the requirements of the Special Directive or that proper records have not been kept in accordance with paragraph (2) above, he may give notice to the manufacturer specifying the matters mentioned in paragraph (5) of this regulation.
If the Secretary of State is notified that a truck in respect of which a certificate of conformity has been issued has not been manufactured in conformity with the requirements of the Special Directive or that proper records have not been kept in accordance with paragraph (2) above, he may give notice to the manufacturer specifying the matters mentioned in paragraph (5) of this regulation.
The following matters shall be specified in a notice given under paragraph (3) or (4) of this regulation—
the respects in which a truck does not conform with the requirements of the Special Directive, or in which proper records have not been kept; and either
that unless steps are taken which ensure that the truck or any truck of the same type does so conform or that proper records are kept within a specified period any such truck shall not be marketed, or as the case may be shall be withdrawn from the market, and the obligation under regulation 7 to issue further certificates of conformity with respect to that truck or any truck of the same type and to place conformity marks thereon will be suspended or withdrawn; or
if the Secretary of State thinks fit, that any such truck shall not be marketed, or as the case may be shall be withdrawn from the market, or that any such obligation shall be suspended, with immediate effect.
If the Secretary of State decides that a truck shall not be marketed, or as the case may be shall be withdrawn from the market, or that any such obligation should be suspended or withdrawn he shall immediately give notice of the decision to the manufacturer.
A notice under this regulation shall specify the date on which it is to take effect and shall specify the grounds for the decision.