UK Offence Report

The Tractor etc (EC Type-Approval) Regulations 2005

UK Statutory Instrument 2005 No. 390 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
24 February 2005
In force from
1 July 2005
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2003/37/EC which requires Member States to set up a system for granting EC type approval for agricultural or forestry tractors, their trailers and interchangeable towed machinery together with their systems, components or separate technical units. Decisions about granting EC type approval must be made in accordance with Council Directive 2003/37 (regulation 5) and an applicant shall use a form set out, and include the documents which are stipulated as required, in the Annex to the Directive (regulation 4). The UK type-approval authority, who is the Secretary of State (regulation 2(2)), can refuse to grant EC type approval if it considers there is a risk to road safety, the environment or the health and safety at work of any person (regulation 5(2)). The holder of an EC type approval certificate shall issue a certificate of conformity of production in respect of each individual vehicle subsequently manufactured or assembled (regulation 6). In the case of vehicles which come within categories T1, T2 or T3 (as defined in annex II Chapter A of the Directive ), unless the vehicles comes within specified exemptions (regulation 8), a certificate of conformity of production shall be necessary for a licence to be granted for that vehicle under the Vehicle Excise and Registration Act 1984 (regulation 7). The UK type-approval authority may withdraw type approval if following examination there is found to be failure to conform to the approved type in two instances (regulation 9). Notice of refusal to grant or withdrawal of grant EC type approval shall be provided in writing, and a right to request the Secretary of State to review the refusal or decision to withdraw is provided (regulation 12). Forgery, and deception in respect of obtaining or use of an EC type approval certificate, are criminal offences punishable on summary conviction to a maximum fine of £5000 or indictment to an unlimited fine and/or two years imprisonment (regulation 10) The making of false statements or production of information known to be false are criminal offences punishable on conviction to a maximum fine of £2500 (regulation 11). A full regulatory impact assessment of the effect that this instrument will have on the costs of business and a Transposition Note are available from the Department for Transport, Vehicle Technology and Standards Division, 76 Marsham Street, London SW1P 4DR (telephone 020 7944-2092). Copies of the EC Directives and Command Papers referred to in these Regulations can be obtained from the Stationery Office. Copies of the International Standards Orders referred to in these Regulations can be obtained from British Standards Institution, 389 Chiswick High Road, London W4 4AL.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source