http://www.legislation.gov.uk/id/uksi/2018/235/schedule/1

http://www.legislation.gov.uk/uksi/2018/235/schedule/1/paragraph/4

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Regulation (regulations 3 and 4)— specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6)— require the holder of a type-approval to retain certain records (regulation 7)—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decision notices given under article 53 of the Motorcycles Regulation (regulation 9)— specify when an approval may be withdrawn (regulation 10) and the effect of such a withdrawal or a suspension (regulation 11)— set out how any notice or other document is to be served on the approval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)

SCHEDULES

SCHEDULE 1Offences, penalties, enforcement and other matters

PART 2Penalties

Civil penalties4

1

The enforcement authority may require a person who is an economic operator to pay a penalty if the enforcement authority is satisfied, on a balance of probabilities, that the person has committed an offence mentioned in paragraph 1.

2

But the enforcement authority may not require a person to pay a penalty if—

a

the person shows that there was a reasonable excuse for committing the offence; or

b

criminal proceedings have been instituted against the person in respect of the same offence.

3

A penalty imposed under this paragraph may not exceed £50,000 per offence.

4

The penalty is payable to the enforcement authority on demand.