http://www.legislation.gov.uk/id/uksi/2018/235

http://www.legislation.gov.uk/uksi/2018/235/regulation/6

The Motorcycles (Type-Approval) Regulations 2018

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Statute Law Database

ROAD TRAFFIC

2023-02-08

Expert Participation

2022-12-31

These Regulations make provision in connection with Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ No L 60, 2.3.2013, p.52) “the Motorcycles Regulation”. In particular, they—— appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the Motorcycles Regulation (regulations 3 and 4)— specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)— require the holder of a type-approval to retain certain records (regulation 7)— derogate from the requirements of the Motorcycles Regulation in respect of components or separate technical units which have been exempted from one or more provisions of the Motorcycles Regulation, or which are not required to be type-approved by the Motorcycles Regulation (regulation 8)— provide for a review procedure in respect of decision notices given under article 53 of the Motorcycles Regulation (regulation 9)— specify when an approval may be withdrawn (regulation 10) and the effect of such a withdrawal or a suspension (regulation 11)— set out how any notice or other document is to be served on the approval authority, market surveillance authority or enforcement authority (regulation 12)— authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the Motorcycles Regulation (regulation 13)— 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 a defence available to the manufacturer where they have exercised all due diligence (regulation 14)— provide for breach of the Regulations or the Motorcycles Regulation to be an offence, and for offences to be punishable either by criminal or civil penalties (parts 1 and 2 of Schedule 1)— make provision for enforcement of the 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 (part 3 of Schedule 1)— makes consequential amendments to various enactments, and revokes instruments replaced by the Motorcycles Regulation (Schedule 2)

Refusal of EU type-approval application6

1

The approval authority must refuse an EU type-approval application if the requirements of—

a

articles 29 and 31 to 33; or

b

article 40,

of the Motorcycles Regulation have not been complied with.

2

The requirements of article 32 of the Motorcycles Regulation are not complied with if the tests required by that article demonstrate that there is non-compliance with the technical prescriptions mentioned in paragraph 1 of that article.

3

The requirements of article 33 of the Motorcycles Regulation are not complied with if the approval authority is not satisfied that the applicant has made or will make adequate arrangements to ensure that—

a

production will conform to the approved type; or

b

the data in the certificates of conformity are correct.