The Road Vehicles (Approval) Regulations 2020

UK Statutory Instrument 2020 No. 818 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 3 August 2020
In force from: 1 September 2020
Extent: Not stated
Subject: Road traffic and vehicles
Made under: (EC) No 661/2009, Schedule 2 to, the 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 make provision in connection with Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ No. L 151, 14.6.2018, p.1) (“the Type Approval Regulation”). In particular, they: appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the Type Approval Regulation (regulations 3 and 4) specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6) require the holder of a type approval to retain certain records (regulation 7) provide for a review procedure in respect of notices given in connection with decisions taken pursuant to the Type Approval Regulation, etc. (regulation 8) specify when and how an approval may be withdrawn (regulation 9) and the effect of such a withdrawal or a suspension (regulation 10) set out how any notice or other document is to be served by the approval authority, market surveillance authority or enforcement authority (regulation 11) authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the Type Approval Regulation (regulation 12) provide that breach of the duty to provide certain technical information which causes a person to sustain loss or damage is actionable at the suit of that person, and that a defence is available to the manufacturer where they have exercised all due diligence (regulation 13) provide for an offence of placing on the market or registering a vehicle that is fitted with a defeat system (regulation 14) provide for applications for, and the granting of, national small series type approval (regulations 15 and 16, and Schedule 1) provide for recognition of national type approvals of small series granted in other EU Member States (regulation 17) provide for applications for individual approvals of vehicles (regulation 18 and Schedule 2) and appeals against decisions made (regulation 19) provide for the form of certificates to be used for national type approval of small series and individual approval (regulation 20) provide that the grant of a first vehicle licence or the registration of motor vehicles cannot happen unless a certificate of conformity or individual approval has been issued in respect of the vehicle (regulation 21) provide for consent to be obtained for the supply of large trailers (regulation 23 and Schedule 3) and for certain records to be kept in relation to large trailers and small trailers (regulations 24 and 25) provide for limits on the number of end-of-series vehicles entering into service (regulation 27) provide for derogations from the requirements of the Type Approval Regulation in respect of components or separate technical units intended for fitment to vehicles which have been exempted from one or more provisions of the Type Approval Regulation, or which are not required to be type-approved by the Type Approval Regulation (regulation 28) provide for breach of these Regulations, the Type Approval Regulation or legislation listed in Schedule 5 to be an offence, and for offences to be punishable either by criminal or civil penalties (regulation 29 and Parts 1 and 2 of Schedule 4) make provision for enforcement of these Regulations, including in connection with false statements and obstruction of officers, powers of search, detention of goods by customs officers and recovery of expenses of enforcement (regulation 29 and Part 3 of Schedule 4) make consequential amendments to various enactments, and revoke instruments replaced by the Type Approval Regulation (regulation 30(1) and Schedule 6) provide for the continuation under these Regulations or the Type Approval Regulation of anything done under, or by virtue of, any regulation revoked by these Regulations, if it could have been done under or for the purpose of the corresponding provision of these Regulations or the Type Approval Regulation (regulation 30(2)) make transitional provision in respect of existing national small series type approvals of vehicles over 4m in height (regulation 31) make transitional provision until the end of 2020 in respect of requirements for paper certificates of conformity in connection with national small series type approval (regulation 32) These Regulations also transpose the obligation in Article 113 of, and paragraph 3 of Annex XI to, Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ No. L 321, 17.12.2018, p.36) in relation to interoperability for car radio receivers (regulation 22). The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared, and a review provision not included. This Explanatory Note incorporates the Transposition Note which would otherwise have been provided separately. An Explanatory Memorandum is published alongside these Regulations on the UK legislation website at www.legislation.gov.uk .

Offences created by this instrument

A person commits an offence if— a that person supplies a recordable trailer, b the trailer is supplied for use on a… paragraph 1(1) of SCHEDULE 4 · Status not determined · Strict liability
A person commits an offence if, at a time when there is no relevant consent in effect with respect to a large trailer,… paragraph 1(3) of SCHEDULE 4 · Status not determined · Strict liability
A person commits an offence if that person contravenes any requirement in paragraph (1) or (3) of regulation 25 paragraph 1(4) of SCHEDULE 4 · Status not determined · Strict liability
A person commits an offence if that person— a contravenes any other prohibition in these Regulations, the Type… paragraph 1(5) of SCHEDULE 4 · Status not determined · Strict liability
Defeat systems regulation 14(1) · Status not determined · Strict liability
Defeat systems regulation 14(6) · Status not determined · Strict liability
Interoperability for car radio receivers regulation 22(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and Eu Exit) Regulations 2020 Commons · General Committees · 10 November 2020 · The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Matt Warman)
I beg to move, That the Committee has considered the draft Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020. It is a pleasure to serve under your chairmanship, Dr Huq. I am pleased to introduce this statutory instrument, which was laid before the House on 12 October. The draft regulations are being introduced to transpose the European electronic communications code directive—I have a copy here—into domestic law, as we are committed to under the European Union withdrawal agreement. The regulations are a…
Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 Lords · Grand Committee · 10 November 2020 · The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)
My Lords, these draft regulations are being introduced to transpose the EU Electronic Communications Code directive into domestic law, as we are committed to do under the European withdrawal agreement. The Joint Committee on Statutory Instruments, the Parliamentary Business and Legislation Committee and the Secondary Legislation Scrutiny Committee have all considered the instrument and did not raise any issues. The draft regulations are being introduced under powers set out in Section 2(2) of the European Union Communities Act 1972 as repurposed for the transition period by the European…
Retained EU Law (Revocation and Reform) Bill Lords · Lords Chamber · 28 February 2023 · Baroness Randerson (LD)
My Lords, this group includes four pieces of transport-related retained EU law, simply to illustrate how fundamental it is to our own protection, both physically and as consumers, with compensation and assistance when things go wrong. There are many regulations from our 40 years of EU membership that I could have chosen because they have reduced death and injury on our roads. In Amendment 7, I focus on the 1993 regulations on the wearing of seat belts in the front seat of cars by children. These regulations were a consolidation of earlier ones that, in 1983 and 1989, had gradually enforced…
Retained EU Law (Revocation and Reform) Bill Lords · Lords Chamber · 28 February 2023 · Baroness Neville-Rolfe (Con)
I thank the noble Baroness for raising that; I will have to take it up with the Department for Transport and get back to her. On Amendment 24 in the name of the noble Lord, Lord Fox, the Road Vehicles (Approval) Regulations 2020 are part of the recently created GB type approval scheme. These regulations were made under Section 2(2) of the European Communities Act and therefore fall within the scope of the sunset as EU-derived subordinate legislation; they are essential to ensure that the GB type approval scheme can be enforced. The Department for Transport is committed to ensuring that our…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 3 August 2020
Instrument made (signed into law) 3 August 2020
Laid before the House of Commons 7 August 2020 · Commons
Laid before the House of Lords 7 August 2020 · Lords
Instrument comes into force as law 1 September 2020
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 8 September 2020 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 8 September 2020 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 23 September 2020 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 23 September 2020 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 23 September 2020 · Commons, Lords
Objection period ends 10 October 2020
Instrument remains law 10 October 2020
Procedure concluded in the House of Commons and the House of Lords 10 October 2020 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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