The Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Registration and Licensing) Regulations 2002 (“the 2002 Regulations”) to implement Commission Directive 2003/127/EC of 23 December 2003 (“the 2003 Directive”), which amends Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (“the 1999 Directive”).

Regulation 3(1) introduces a definition of the 1999 Directive, referring to its amendment by the 2003 Directive, and Regulation 3(2)(c), (d), (f) and (3) replace references to the 1999 Directive elsewhere in the 2002 Regulations with a reference to the new definition. The effect of the 2003 Directive and regulation 3(1) is to enable the harmonised vehicle registration document provided for by the 1999 Directive and regulation 10A of the 2002 Regulations to be issued in microprocessor smart card format. Regulation 3 transposes Article 1 of the 2003 Directive by ensuring that references to the 1999 Directive in regulations 10A and 27A of the 2002 Regulations are now to the 1999 Directive as amended by the 2003 Directive. These provisions are made under section 2(2) of the European Communities Act 1972. This note serves as the Transposition Note that would otherwise be required.

Regulation 3(2)(a), (b) and (e) also amends regulation 10A of the 2002 Regulations to provide for the Secretary of State to issue a new registration document in the form provided for by the Directives, without charging a fee, where a keeper surrenders the old-style document. Regulation 4 amends the regulation on permanent export of a vehicle, to remove the requirement for the registration document to be surrendered to the Secretary of State. These provisions are made under powers contained in section 22 of the Vehicle and Excise Registration Act 1994.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Copies of the Directives referred to in these Regulations may be obtained from the Stationery Office.