S.I. No. 157/2009 - European Communities (Road Vehicles: Entry Into Service) Regulations 2009

S.I. No. 157 of 2009

EUROPEAN COMMUNITIES (ROAD VEHICLES: ENTRY INTO SERVICE) REGULATIONS 2009

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary and General

1. Citation and commencement

2. Scope

3. Interpretation

Part 2

Entry into Service

4. Entry into service: general.

5. Entry into service: specific provisions.

6. Entry into service: type- and individually-approved vehicles.

7. End-of-series vehicles.

Part 3

Certificates of Conformity and Individual Approval Certificates

8. Certificates of conformity and individual approval certificates: form.

9. Duplicate certificates of conformity and individual approval certificates.

Part 4

Unsafe or Harmful Vehicles and Vehicle Parts

10. Powers of the Approval Authority where a vehicle is a serious risk to road safety, etc.

11. Parts and equipment which may pose a significant risk to the correct functioning of essential systems.

Part 5

Enforcement

12. Offences and prosecution.

13. Authorised officers.

Part 6

Miscellaneous

14. Review.

15. Service of notices.

16. Saving for applications made and for applications made on the basis of approvals granted and certificates issued under former regulations.

17. Revocation.

Schedules

Schedule 1 Entry into Service Community Instruments.

Schedule 2 Commencement and Revocations.

Schedule 3 Regulations Revoked.

Schedule 4 Amending European Communities Regulations.

S.I. No. 157 of 2009

EUROPEAN COMMUNITIES (ROAD VEHICLES: ENTRY INTO SERVICE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 (as amended by the European Communities Act 2007 (No. 18 of 2007)) of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 1 (as amended by the Regulations of the European Communities specified in Schedule 4), and the Directives specified in Schedule 1, in so far as those Directives and Regulations of the European Communities apply to the sale and entry of motor vehicles, components, systems and separate technical units specified in Directive 2007/46/EC into service and the registration of such vehicles, hereby make the following Regulations:

Part 1 Preliminary and General

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Road Vehicles: Entry into Service) Regulations 2009.

(2) (a) Subject to paragraph (b), these Regulations come into operation on 29 April 2009.

(b) In their application to vehicles of the types and in the circumstances specified in column (1) of the table in Schedule 2, these Regulations come into operation:

(i) in the case of a new type of vehicle of class M1, on 29 April 2009;

(ii) in the context of Article 45(3) of the Framework Directive, in the case of a new type of vehicle of the relevant class and circumstance, other than a vehicle of class M1, on the date specified in column (4) of the table in Schedule 2;

(iii) in the case of an existing type of vehicle of the relevant class and circumstance, on the date specified in column (4) of the table in Schedule 2; and

(iv) in the case that a manufacturer has obtained from the Approval Authority an approval under these Regulations at a date earlier than that manufacturer was obliged to do so in respect of the relevant type of vehicle and circumstance by reference to subparagraph (b)(ii) and column (4) of the table in Schedule 2, in respect of that application and any consequent approval only, on the date of that application.

Scope

2. (1) These Regulations apply to new road vehicles within the categories and circumstances set out in column (1) of the table in Schedule 2.

(2) These Regulations do not apply to:

(a) a vehicle that comes within paragraph (1) if that vehicle is designed and constructed for use by the Defence Forces, Civil Defence, fire services or the Garda Síochána.

(b) an agricultural or forestry tractor as defined in Directive 2003/37/EC of the European Parliament and of the Council 2 and a trailer designed and constructed specifically to be towed by either;

(c) a two-wheeled or three-wheeled vehicle, or a quadricycle as defined in Directive 2002/24/EC of the European Parliament and of the Council; 3 or

(d) a tracked vehicle.

Interpretation

3. (1) In these Regulations:

“1978 Regulations” means the European Communities (Motor Vehicles Type-approval) Regulations 1978 ( S.I. No. 305 of 1978 );

“approval” means type-approval and individual approval;

“approval database” means a reference file maintained by the Approval Authority to store and process data relating to approvals and conformity;

“Approval Authority”:

(a) means the National Standards Authority of Ireland established by section 6 of the National Standards Authority of Ireland Act 1996 (No. 18 of 1996), being the body appointed as such for the purposes of the Framework Directive by, and having the functions described in, Regulation 4 of the Type-Approval Regulations; and

(b) has the meaning assigned to it in Article 3(29) of the Framework Directive;

“certificate of conformity” means the document that has been issued by the manufacturer in the prescribed format and which certifies that a vehiclebelonging to the relevant type that has been approved in accordance withthe Framework Directive or these Regulations complied with all applicable regulatory acts at the time of its production, and includes an EC certificate of conformity and a national small series certificate of conformity;

“Commissioners” means the Revenue Commissioners;

“component” means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved independently of a vehicle where the regulatory act makes express provisions for so doing;

“distributor” has the meaning assigned to it by Regulation 4 of the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );

“EC certificate of conformity” means a certificate that has been completed in accordance with, as the case may be:

(a) Article 18 of the Framework Directive in the form set out in Annex IX of the Framework Directive, or

(b) Article 22 of the Framework Directive;

“EC type-approval” has the meaning given by Article 3 of the Framework Directive and includes:

(a) type-approval for a vehicle pursuant to Article 9 or Article 22 of the Framework Directive, including any amendments to that approval (“EC vehicle type-approval”), and

(b) type-approval for a system, component or separate technical unit pursuant to Article 10 of the Framework Directive, including any amendments to that approval (“EC system, component or separate technical unit type-approval”);

“EC type-approval (small series) certificate of conformity” means the certificate issued by the Approval Authority for a vehicle type-approval granted pursuant to Article 22 of the Framework Directive;

“EC type-approval (small series)” means EC type-approval pursuant to Article 22 of the Framework Directive for vehicles registered, sold or put into service in any year within the quantitative limits set out in section 1 of Part A of Annex XII to the Framework Directive;

“EC vehicle type-approval certificate” means the certificate issued by an approval authority for a vehicle type as defined in Article 3 of the Framework Directive in the form set out in Annex VI to the Framework Directive;

“EEA agreement” means the Agreement on the European Economic Area signed in Oporto on 2 May 1992 as adjusted by the protocol signed at Brussels on 17 March 1993;

“EEA Member State” means a state that is a contracting party to the EEA Agreement;

“end-of-series vehicle” means any vehicle for which a valid certificate of conformity has been issued on or after the date of manufacture and which certificate subsequently has lost its validity because either:

(a) in the case of an EC type-approval, one or more of the separate Community instrument approval certificates as required by Article 6 of the Framework Directive to accompany the application for vehicle type-approval has ceased to be valid due to the entry into force of new technical requirements against which the vehicle has not been approved, which vehicle cannot therefore be registered or sold or enter into service,

(b) in the case of a national small series type-approval, the relevant vehicle, before being registered or entering into service, has become subject to the requirement that it be the subject of an EC type-approval;

“enter into service” means:

(a) in the case of a road vehicle, that it is registered or is used on a road, or both;

(b) in the case of a component or separate technical unit, that it is comprised within or is a part of a road vehicle;

“Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (as amended by the Regulations of the European Communities specified in Schedule 4);

“functions” includes powers and duties and references to the performance of functions includes, as respects powers and duties, references to the exercise of functions and the carrying out of duties;

“incomplete vehicle certificate of conformity” is a certificate of conformity relating to an incomplete vehicle;

“incomplete vehicle” has the meaning assigned to it in Article 3(19) of the Framework Directive;

“individual approval certificate” means the certificate issued by an the Approval Authority for an approval of a vehicle granted pursuant to Article 24 of the Framework Directive;

“individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by the Type-Approval Regulations;

“M1” has the meaning assigned to it in Annex II of the Framework Directive;

“Mechanically-Propelled Vehicle Regulations” means the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2007 ( S.I. No. 448 of 2007 );

“Member State” includes an EEA Member State and “approval authority” shall be construed accordingly;

“Minister” means the Minister for Transport;

“mutually-recognised approval” means an approval from the approval authority of another Member State that has been accepted by the Approval Authority, for the purposes of and in accordance with the Type-Approval Regulations, as being equivalent to, as the case may be, national small series type-approval or an individual approval and, for the avoidance of doubt, does not include an EC vehicle type-approval;

“mutually-recognised certificate of conformity” means a certificate that a particular vehicle is the subject of a mutually-recognised approval;

“national small series certificate of conformity” means the document issued by the manufacturer, in the prescribed form, certifying that the vehicle conforms with the relevant national small series type-approval granted pursuant to Article 23 of the Framework Directive;

“national small series type-approval certificate” means the certificate issued by the Approval Authority for a vehicle type-approval granted pursuant to Article 23 of the Framework Directive;

“national small series type-approval” means type-approval for vehicles registered, sold or put into service in any year within the quantitative limits specified in section 2 of Part A of Annex XII to the Framework Directive;

“Passenger Car Regulations” means the European Communities (Passenger Car Entry into Service) Regulations 2003 ( S.I. No. 552 of 2003 ), as amended;

“registration” means registration of a vehicle under section 131 of the Finance Act 1992 (No. 9 of 1992) and “registered” is to be construed accordingly;

“regulatory acts” means, subject to paragraph (3), any:

(a) separate Community instrument;

(b) UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive,

(c) Directive or Regulation listed in a table in Annex XI to the Framework Directive, and

(d) Regulation listed in Schedule 4.

“road vehicle” means a vehicle to which these Regulations apply;

“road” has the meaning given by section 2(1) of the Roads Act 1993 (No. 14 of 1993);

“RSA” means the Road Safety Authority established by section 3 of the Road Safety Authority Act 2006 (No. 14 of 2006);

“separate Community instrument” has the meaning assigned to it in Article 3(2) of the Framework Directive and includes the directives and regulations specified in Schedule 1;

“separate technical unit” means a device subject to the requirements of a regulatory act and intended to be part of a vehicle, which may be type-approved separately, but only in relation to one or more specified types of vehicle where the regulatory act makes express provisions for so doing;

“system” means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of any of the regulatory acts;

“trailer” has the meaning given by Article 3(12) of the Framework Directive;

“Type-Approval Regulations” means the European Communities (Road Vehicles: Type-Approval) Regulations 2009 ( S.I. No. 158 of 2009 );

“type-approval” means the process of certification that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative and technical requirements imposed by, or pursuant to, the Framework Directive, and includes EC type-approval, EC type-approval (small series) and national small series type-approval, and “type-approved” shall be construed accordingly;

“unique reference number” means the number given by the manufacturer or, in the case of an individual approval, by the Approval Authority, to a particular vehicle at the time of approval, in accordance with the format prescribed by the Approval Authority;

“vehicle type” has the meaning assigned to it in Article 3(17) of the Framework Directive;

“vehicle type-approval certificate” is the certificate issued when a vehicle has been given a vehicle type-approval;

“vehicle type-approval” means the procedure whereby an approval authority certifies that a type of vehicle satisfies the relevant technical requirements of a Directive specified in Annex IV to the Framework Directive;

“VIN” means vehicle identification number;

(2) (a) A word or expression that is used in these Regulations and which is also used in a Directive of the European Communities that is referred to in these Regulations has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive in which reference to the particular word or expression is made.

(b) For the avoidance of doubt, subparagraph (a) applies in respect of the Framework Directive.

(3) Any reference in these Regulations, however phrased, to a requirement imposed under a regulatory act:

(a) in the case of a UNECE Regulation listed in the table in Part II of Annex IV to the Framework Directive, is a reference to a requirement imposed by that Regulation including the amendments specified in relation to it in the third column of that table,

(b) is to be construed in accordance with any explanation or qualification of the act or its requirements contained in Annex IV or XI to the Framework Directive, and

(c) is not to be construed as imposing a requirement contained in a provision of the act for which the time for implementation has not passed.

(4) In these Regulations, unless the context requires otherwise, a reference to:

(a) a national small series type-approval,

(b) a national small series type-approval certificate,

(c) an individual approval, or

(d) an individual approval certificate,

is a reference to a relevant approval, or certificate confirming an approval, granted or issued by the Approval Authority.

Part 2 Entry into Service

Entry into service: general

4. (1) Unless it is exempt from these Regulations, a new road vehicle, component and separate technical unit to which these Regulations apply shall not:

(a) in the case of a new road vehicle, be declared for registration,

(b) enter into service, or

(c) be sold, unless:

(i) in the case of a new road vehicle:

(I) the vehicle is constructed or adapted for use in left-hand traffic and uses metric units of measurement for the speedometer,

(II) it is the subject of:

(A) a valid EC certificate of conformity issued in accordance with Article 18 of the Framework Directive,

(B) a valid national small series certificate of conformity,

(C) a valid individual approval, or

(D) a valid mutually-recognised certificate of conformity,

and

(III) otherwise satisfies the relevant requirements of these Regulations and those of the Framework Directive;

(ii) in the case of a component or separate technical unit:

(I) it complies with the applicable regulatory acts and is properly marked in accordance with Article 19 of the Framework Directive, and

(II) otherwise satisfies the requirements of these Regulations and those of the Framework Directive.

(2) Paragraph (1) does not apply in the case of components or separate technical units that are specifically constructed or designed for new vehicles not covered by the Framework Directive.

(3) Paragraph (1) does not apply to the sale and entry into service of components or separate technical units that have been exempted from one or more provisions of a regulatory act in application of Article 20 of the Framework Directive or are intended for mounting on vehicles covered by approvals granted under Articles 22, 23 or 24 of that Directive that concern the component or separate technical unit in question.

(4) Paragraph (1) does not apply to the sale and entry into service of components or separate technical units that are intended for mounting on vehicles which, at the time of their entry into service, were not required, by the Framework Directive or by Directive 70/156/EEC to be EC type-approved.

(5) An incomplete vehicle may be sold but may not enter into service or be registered for such time as the vehicle remains incomplete.

(6) As regards vehicles produced in small series, the number of vehicles registered or sold or which enter into service in the course of any particular year may not:

(a) in the case of a vehicle that is the subject of an EC type-approval (small series), exceed the number of units shown in section 1 of Part A of Annex XII of the Framework Directive, and

(b) in the case of a vehicle that is the subject of a national small series type-approval, exceed the number of units shown in section 2 of Part A of Annex XII of the Framework Directive, and

(7) A vehicle that is exempted from the obligation that it be the subject of a certificate of conformity may be registered, sold or put into service only if it satisfies the relevant technical requirements of the Framework Directive.

(8) No prohibition, restriction or impediment may be placed on the registration, sale or entry into service of a vehicle, component or separate technical unit, on grounds related to aspects of its construction and functioning covered by these Regulations and the Framework Directive, if that vehicle, component or separate technical unit (as the case may be) satisfies the requirements of these Regulations and those of the Framework Directive.

(9) Without prejudice to paragraph (1), an EC certificate of conformity also has effect for the purposes of these Regulations if:

(a) the vehicle to which it relates was previously in service in a Member State other than the State,

(b) the EC type-approval to which the certificate of conformity relates was valid on the date on which the vehicle was first put into service, and

(c) the vehicle is constructed or adapted for use in left-hand traffic and uses metric units of measurement for the speedometer.

(10) In Paragraph (9):

“EC type-approval” means a type-approval granted under:

(a) the 1978 Regulations,

(b) the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 ), or

(c) the Type Approval Regulations;

“EC certificate of conformity” includes, as well as any certificate of conformity within the meaning of Article 3(36) of the Framework Directive:

(a) a certificate of conformity issued in accordance with the 1978 Regulations,

(b) a certificate of conformity issued in accordance with the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 ), and

(c) a certificate of conformity issued under the law of a Member State other than the State in accordance with Directive 70/156/EEC.

(11) In this regulation, “year”, in respect of any particular EC type-approval (small series) or national small series type-approval, means, as the case may be:

(a) the period of one year from the date of issue of the first EC small series certificate of conformity based on that EC type-approval (small series), and the period of one year from each anniversary of that date of first issue of an EC small series certificate of conformity in respect of that approved type, or

(b) the period of one year from the date of issue of the first national small series certificate of conformity based on that national small series type-approval, and the period of one year from each anniversary of that date of first issue of a national small series certificate of conformity in respect of that approved type.

(12) For the avoidance of doubt, for the purposes of paragraphs (1)(i)(I) and (9)(c), it shall be sufficient that the speedometer of the relevant new road vehicle uses units of measurement other than metric in combination with metric units of measurement.

(13) (a) The Approval Authority shall notify the Commissioners of the Member States other than the State the national individual approvals or national small series type-approvals of which are to be regarded as mutually-recognised approvals.

(b) For the purposes of these Regulations, the Commissioners shall accept as a mutually-recognised certificate of conformity:

(i) an individual approval that has been issued by an approval authority that is included in a notification by the Approval Authority under subparagraph (a), and

(ii) a national small series type-approval certificate of conformity that has been issued in respect of a national small series type-approval that has been granted by an approval authority that is included in a notification by the Approval Authority under subparagraph (a).

(c) The Approval Authority may amend or withdraw a notification under subparagraph (a).

(14) (a) The Commissioners shall notify the Approval Authority where a new road vehicle is declared for registration and reliance is placed by the applicant on an individual approval or a national small series type-approval:

(i) that has been granted by an approval authority other than the Approval Authority, and

(ii) the relevant approval is not of a kind or is not granted by an approval authority that is included in the notification that the Approval Authority has made under paragraph (13)(a).

(b) Where subparagraph (a) applies, the new road vehicle shall not be registered, entered into service or sold until the occurrence of the first of the following:

(i) the elapse of a period of 30 days from the date of the application to the Commissioners, and

(ii) the determination of the Approval Authority, in accordance with the Type-Approval Regulations, whether to refuse to accept that the relevant individual approval or national small series type-approval should not be a mutually-recognised approval.

(c) Where a new road vehicle is registered, has entered into service or has been sold on the representation or understanding that it is the subject of a mutually-recognised approval but the Approval Authority has:

(i) in accordance with Articles 23 or 24 of the Framework Directive and the Type-Approval Regulations, and

(ii) having first been requested to determine whether the relevant national individual aproval or national small series type-approval, granted by an approval authority other than the Approval Authority, should be a mutually-recognised approval, after the date of that registration, entry into service or sale, as the case may be,

thereafter determined that the relevant national individual approval or national small series type-approval, granted by an approval authority other than the Approval Authority, should not be a mutually-recognised approval, then:

(I) the registration of the relevant vehicle may be cancelled;

(II) If it has entered into service, the relevant vehicle must be withdrawn from service; and

(III) If it has been sold, the buyer may, at his or her election, within 30 days of becoming aware that the relevant vehicle is not the subject of a mutually-recognised approval, and in any event within 90 days of the relevant determination of the Approval Authority, avoid the contract of purchase.

Entry into service: specific provisions

5. (1) In the case of a new road vehicle subject to type-approval, the manufacturer shall, in respect of the relevant vehicle:

(a) (i) for the purpose of adding the information to the approval database, notify the Approval Authority of the existence of the vehicle and obtain for that vehicle a unique reference number, and

(ii) retain evidence of this communication, either in paper form or electronic form, for a period of not less then 10 years, and

(b) complete a certificate of conformity in respect of relevant Directives specified in Annex IV of the Framework Directive and issue the said certificate to the owner of the vehicle.

(2) In the case of a new road vehicle subject to individual approval, the Approval Authority shall, in respect of the relevant vehicle:

(a) allocate a unique reference number to the vehicle and add the vehicle information to the approval database, and

(b) complete an individual approval certificate in respect of relevant Directives specified in Annex IV of the Framework Directive and issue the said certificate to the owner of the vehicle.

(3) A certificate of conformity and an individual approval certificate must each comply with Regulation 6.

(4) If a vehicle is required to be registered, the certificate of conformity or individual approval certificate, as the case may be, must be produced at the time of first registration.

(5) If a vehicle is not required to be registered, the final supplier of a vehicle, whether that supply is by way of sale or for personal use, must:

(a) send a copy of the relevant certificate of conformity or individual approval certificate to the Approval Authority; and

(b) keep as a record of that notification in a secure manner, either in paper form or electronic form, for a period of not less than 10 years, the following information:

(i) the name and address and (if any) the company registration number of the manufacturer or, in the case of a vehicle that is the subject of an individual approval, of the owner,

(ii) in the case of a vehicle that has been certified as conforming with a type of vehicle that has been approved, the manufacturer’s designation (make and model) of the vehicle,

(iii) the month and year when the manufacture of the vehicle was completed,

(iv) the VIN (if any),

(v) the number of:

(I) the type-approval certificate, or

(II) the individual approval certificate,

(vi) the date of supply, or, in the case of personal use, the date of first use,

(vii) the name and address of the buyer or, if not a supply by way of sale, of the person to whom the supply was made, and

(ix) the unique reference number.

Entry into service: type- and individually-approved vehicles

6. (1) A certificate of conformity or, as the case may be, an individual approval, shall contain the relevant vehicle’s unique reference number and must:

(a) in the case of EC type-approval, satisfy the requirements of Article 18 of the Framework Directive;

(b) in the case of a vehicle that is subject to national small series type-approval or individual approval and has been approved by the Approval Authority, be in the form prescribed for that purpose by the Approval Authority; or

(c) in the case of a vehicle that is subject to mutually-recognised approval, be in the form prescribed for that purpose by the Approval Authority.

(2) A certificate of conformity may only be issued for a vehicle if:

(a) in the case of an EC type-approval, the manufacturer of the particular vehicle holds an EC vehicle type-approval certificate for the time being in force in respect of the vehicle type at the date of issue of the relevant EC certificate of conformity;

(b) in the case of national small series type-approval, the manufacturer of the particular vehicle holds a national small series type-approval certificate that is for the time being in force in respect of the relevant vehicle type at the date of issue of the national small series certificate of conformity; or

(c) the relevant vehicle is the subject of a national small series type-approval or individual approval issued by the approval authority of another Member State and that national small series type-approval or individual approval is a mutually-recognised approval.

(3) A national small series type-approval certificate and an individual approval certificate shall not be in force unless the vehicle complies with the relevant requirements of the Type-Approval Regulations or is a mutually-recognised approval.

End-of-series vehicles

7. (1) Notwithstanding Regulations 4 and 5, the RSA may, upon the application of a manufacturer or distributor in respect of an end-of-series vehicle, grant an exemption whereby the certificate of conformity that is issued for the relevant vehicle is acceptable for the purpose of making a declaration for registration for a period of 12 months from the date that the certificate ceases to be in force. Subject to compliance with all other requirements for the registration of vehicles and their entry into service, such a vehicle may then be registered and enter into service.

(2) Subject to paragraph (3), the maximum number of vehicles for which the RSA may grant exemptions under paragraph (1) shall be either:

(a) the number of vehicles equivalent to 10 per cent for category M 1 and 30% for the other categories of vehicles of the vehicles of all types which were registered by the Commissioners in the 12-month period preceding the day the approval certificate ceased to be in force, or

(b) the number of vehicles of any one type for which a valid certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force.

(3) Where the application of paragraph 2(a) would result in exemptions for fewer than 100 vehicles, the RSA may grant exemptions for up to 100 vehicles.

(4) This Regulation applies only to vehicles which:

(a) were in the territory of the European Communities on the day an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force, and

(b) were accompanied by the certificate of conformity which was valid at the time of issue but subsequently ceased to be valid solely because an approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force or, otherwise, new technical requirements against which the vehicle has not been approved have entered into force.

(5) An application for an exemption under this regulation must be made in writing to the RSA by the manufacturer or the distributor of the vehicle and contain:

(a) details of either or both the technical reasons and the economic reasons for the making of the application,

(b) details of the vehicle type to which the application relates,

(c) the VIN of the vehicle for which the exemption is sought, and

(d) the number of vehicles of that type which were first registered in the 12-month period preceding the day the approval certificate in respect of a matter specified in Regulation 6(3) or a requirement in Regulation 6(4) ceased to be in force.

(6) An application under paragraph (5) shall be accompanied by the certificate of type-approval which is no longer valid.

(7) The RSA may request an applicant for an exemption under this regulation to submit such other information or documents as the RSA may require to consider an application and the applicant shall comply with any such request.

(8) Upon request by the RSA for the purposes of this Regulation, the Approval Authority shall verify to the RSA that the authority has granted any particular approval.

Part 3 Certificates of Conformity and Individual Approval Certificates

Certificates of conformity and individual approval certificates: form

8. A certificate of conformity or, as the case may be, an individual approval certificate, shall:

(a) in the case of an EC certificate of conformity, be in the form prescribed by Article 18 of the Framework Directive, or

(b) be in the case of vehicles subject to national small series type-approval or individual approval and approved by the Approval Authority, be in the form prescribed by the Approval Authority, and

(c) in the case of vehicle subject to national small series type-approval or individual approval and verified as a mutually-recognised approval, be in the form prescribed by the Approval Authority, and

(d) contain the unique reference number.

Duplicate certificates of conformity and individual approval certificates

9. (1) If an EC certificate of conformity, a national small series certificate of conformity or an individual approval certificate is lost or defaced, the owner or keeper of the vehicle to which the certificate relates may apply:

(a) in the case of an EC or national small series certificate of conformity, to the manufacturer by whom the original was issued, and

(b) in the case of an individual approval certificate, to the Approval Authority,

for a duplicate of that certificate.

(2) Where a certificate has been lost, the application for a duplicate must include:

(a) particulars of the vehicle or vehicle part to which the certificate related, and

(b) either the serial number of the original certificate or such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.

(3) Where a certificate has been defaced, the application for a duplicate must be accompanied by:

(a) the defaced certificate, and

(b) if the serial number of that certificate is no longer legible, such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original to be traced.

(4) A duplicate certificate must be marked prominently “Duplicate”.

(5) A manufacturer to whom an application for a duplicate certificate is made under paragraph (1)(a) may not unreasonably refuse to issue the duplicate but may charge a reasonable fee for so doing.

(6) Every application under paragraph (1)(b) for a duplicate certificate must be accompanied by the prescribed fee.

(7) In this regulation, “EC certificate of conformity” includes, as well as any certificate of conformity within the meaning of Article 3(36) of the Framework Directive:

(a) a certificate of conformity issued in accordance with the 1978 Regulations;

(b) a certificate of conformity issued in accordance with the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 ), and

(c) a certificate of conformity issued under the law of a Member State other than the State in accordance with Directive 70/156/EEC.

Part 4 Unsafe or Harmful Vehicles and Vehicle Parts

Powers of the Approval Authority where a vehicle is a serious risk to road safety, etc

10. (1) Where the Approval Authority considers that vehicles with respect to which an EC type-approval has effect are a serious risk to road safety or seriously harm the environment or public health, the authority may direct that, for a specified period not exceeding six months, all EC certificates of conformity issued under that EC type-approval (whether before or after the giving of the direction) are invalid for the purposes of Part 2 of these Regulations.

(2) The Approval Authority may revoke a direction under this regulation.

(3) The Approval Authority must give notice of a direction under this regulation to the holder of the EC type-approval to which the authority considers paragraph (1) applies.

(4) If, following a request by the holder, the Approval Authority refuses to exercise the powers under paragraph (2) in relation to a direction given under this regulation, the authority must give notice of that decision to the holder.

(5) A notice under paragraph (3) or (4) must specify the reasons for the decision to which it relates, inform the person to whom it is directed of his or her right to request a review under these Regulations and state the time limit within which such a request must be made.

Parts and equipment which may pose a significant risk to the correct functioning of essential systems

11. (1) A manufacturer of a part or equipment that is included in the list established under Article 31 of, and Annex XIII to, the Framework Directive must not permit that part or equipment to be sold or to enter into service unless first authorised to do so by:

(a) the Approval Authority in accordance with the Type-Approval Regulations and Article 31 of the Framework Directive, or

(b) the approval authority in a Member State other than the State, in accordance with Article 31 of the Framework Directive.

(2) (a) If the Approval Authority has granted an EC type-approval and finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type that it has approved, the Approval Authority may, notwithstanding the existence of the relevant certificate of conformity, refuse to permit the sale or entry into force of the relevant new vehicles, systems, components or separate technical units.

(b) In the event that the Approval Authority acts under subparagraph (a), it shall advise the approval authorities of the other Member States of the measures that it has taken.

Part 5 Enforcement

Offences and prosecution

12. (1) A person commits an offence if, in supplying information or producing a document for the purpose of these Regulations, he or she:

(a) makes a statement which that person knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(b) produces, provides, sends or otherwise makes use of a document which that person knows to be false in a material particular or recklessly produces, provides or sends or otherwise makes use of a document which is false in a material particular.

(2) A person commits an offence if he or she:

(a) contravenes Regulation 4(1);

(b) contravenes Regulation 4(14)(b);

(c) contravenes Regulation 5(5);

(d) contravenes Regulation 6(2);

(e) contravenes Regulation 11(1);

(f) presents for registration or sale any vehicle the registration or sale of which would contravene Regulation 4(6);

(g) uses a vehicle for which registration is not required or causes or permits such a vehicle to be used without a valid certificate of conformity or individual approval certificate;

(h) without reasonable excuse, fails or refuses to comply with any request or requirement made by an authorised officer,

(i) obstructs, impedes, interferes with or assaults an authorised officer in the exercise by that authorised officer of a power under these Regulations,

(j) gives to an authorised officer information that is false or misleading in a material respect, or

(k) alters, suppresses, or destroys any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce.

(3) (a) An offence under these Regulations may be prosecuted summarily or on indictment.

(b) A person guilty of an offence under these Regulations is liable:

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, and

(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 12 months or both.

(4) (a) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, subparagraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate.

(5) A summary offence under these Regulations may be prosecuted by the RSA or by the Approval Authority.

Authorised officers

13. (1) The RSA may appoint a person to be an authorised officer for the purposes of these Regulations.

(2) An authorised officer:

(a) who is not an officer of the Commissioners authorised under section 858 of the Taxes Consolidation Act 1997 (No. 39 of 1997) shall be furnished with a warrant of his or her appointment, and

(b) when exercising a power conferred on him or her under this Regulation shall, if requested by any person affected, produce the warrant of his or her appointment, or his or her identification as an officer of the Commissioners authorised under section 858 of the Taxes Consolidation Act 1997 , as the case may be, to that person who is affected, for inspection.

(3) An authorised officer may for the purpose of ensuring that these Regulations are being complied with:

(a) require the manufacturer or the distributor of a vehicle for which a declaration for registration was submitted to the Commissioners to produce to him or her either or both of the following:

(i) one or more of the certificates of conformity that were required to be completed under Regulation 4, or

(ii) one or more of the type-approval certificates for the vehicle type to which the vehicle concerned purports to conform;

(b) enter at any reasonable time any premises or place owned or occupied by a manufacturer of a vehicle or a distributor and search and inspect the premises and any certificates of conformity, any individual approval certificates, any type-approval certificates and any books, documents or records relating to the registration of vehicles found therein;

(c) require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the registration of vehicles which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records;

(d) inspect and take extracts from or make copies of any such books, documents or records (including in the case of information in a non-legible form a copy of or extract from such information in a legible form);

(e) remove and retain such books, documents or records for such period as may be reasonable for further examination;

(f) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;

(g) require any person in charge of the premises or place to give him or her any information which the authorised officer may reasonably require with regard to the registration of vehicles.

(4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.

(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (6) authorising such entry.

(6) If a judge of the District Court is satisfied, on the sworn information of an authorised person, that there are reasonable grounds for suspecting that information required by an authorised person for the purpose of this Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised person, accompanied, if appropriate, by one or more other authorised persons and, if necessary, by a member or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised person under this Regulation.

Part 6 Miscellaneous

Review

14. (1) Any person aggrieved by a decision of the Approval Authority under these Regulations may, in accordance with paragraphs (2) and (3) of this Regulation, request the Approval Authority to review the decision.

(2) On a review under this Regulation the Approval Authority:

(a) shall have the same powers and duties as it has on an application for or consideration of the application of the relevant kind,

(b) may hold an inquiry in connection with the review, and

(c) may appoint an assessor for the purpose of assisting with the review or inquiry.

(3) A review under this regulation shall be made by notice to the Approval Authority which shall be lodged with the Approval Authority not later than 14 days from the date on which notice of the decision in respect of which the review is sought was given.

(4) An application for a review under this regulation must state the grounds on which the review is sought.

(5) The Approval Authority may confirm, annul or vary the decision that is the subject of the review, including by the addition, deletion or modification of a condition.

(6) A person, whether a member of the Approval Authority or employed by the Approval Authority or otherwise, may not:

(a) undertake or participate in undertaking a review or inquiry under this regulation, or

(b) act as an assessor in a review or inquiry under this regulation, if he or she has:

(i) made or participated in the making of any decision by the Approval Authority,

(ii) made any recommendation or report to the Approval Authority or to any person concerned with the making of such decision, or

(iii) been in receipt of information not publicly available,

in the context of the decision that is the subject of the review.

Service of notices

15. (1) Any document required or authorised by virtue of these Regulations to be given to any person by the Approval Authority may be given:

(a) by delivering it to that person or by leaving it at that person’s proper address,

(b) by sending it by registered or recorded delivery post to that person at that address,

(c) if the person is a body corporate, by serving it in accordance with subparagraph (a) or (b) on the secretary, clerk or principal officer of that body,

(d) if the person is a partnership, by serving it in accordance with subparagraph (a) or (b) on a partner or a person having the control or management of the partnership business, or

(e) by means of any form of electronic communication agreed with the person to whom it is to be sent.

(2) Subject to paragraph (3), for the purposes of paragraph (1), the proper address of a person is:

(a) in the case of an individual, that person’s last known address,

(b) in the case of the secretary, clerk or principal officer of a body corporate, the address of the registered office of the body or its principal office in the State,

(c) in the case of a partner in, or a person having the control or management of, a partnership, it is the address of the principal office of the partnership in the State.

(3) If a person to be served by virtue of these Regulations with any document by the Approval Authority has notified the Approval Authority of an address within the State other than that person’s proper address at which that person, or another acting on that person’s behalf, will accept service of any document of that description, that address is the person’s proper address.

Saving for applications made and for applications made, on the basis of approvals granted and certificates issued, under former regulations.

16. (1) An application to permit a vehicle to enter into service, made under the Passenger Car Regulations or the Mechanically-Propelled Vehicle Regulations before the coming into force of these Regulations, has effect as if that application had been made under these Regulations.

(2) A certificate of conformity, type-approval, type-approval certificate or type-approval mark issued under the 1978 Regulations or the European Communities (Motor Vehicles Type Approval) Regulations 2009 ( S.I. No. 127 of 2009 ) is to be treated for the purposes of these Regulations, as if it had been issued under the Type-Approval Regulations.

Revocations

17. (1) In their application to components, systems and separate technical units, the instruments listed in column (1) of the table in Schedule 3 are revoked, to the extent specified in column (3) of that Schedule, with effect from 29 April 2009.

(2) Subject to Regulation 16 in their application to vehicles of the types and in the circumstances specified in column (1) of the table in Schedule 2 and from the relevant date specified in paragraph (3), the instruments listed in column (1) of the table in Schedule 3 are revoked, to the extent specified in column (3) of the table in Schedule 3.

(3) In the case of each type of vehicle and circumstance specified in column (1) of the table in Schedule 2, the revocations prescribed by paragraph (2) have effect:

(a) in the case of a new type of vehicle of class M1, from 29 April 2009;

(b) in the context of Article 45(3) of the Framework Directive, in the case of a new type of vehicle of the relevant class and circumstance, other than a vehicle of class M1, from the date specified in column (4) of the table in Schedule 2;

(c) in the case of an existing type of vehicle of the relevant class and circumstance, from the date specified in column (4) of the table in Schedule 2; and

(d) in the case that a manufacturer or owner has obtained an approval under the Type-Approval Regulations at a date earlier than that manufacturer or owner is obliged to do so in respect of the relevant type of vehicle and circumstance by reference to subparagraph (b) and column (4) of the table in Schedule 2, in respect of that approval only, from the date of grant of that approval.

(4) For the avoidance of doubt, no revocation effected by this regulation affects any requirement for the registration, sale or entry into service of any vehicle, component, system or separate technical unit to which the Framework Directive does not apply.

SCHEDULE 1 Entry into Service Community Instruments

1Council Directive 70/157/EEC of 6 February 1970 on sound level and exhaust systems (O.J. L42 of 23.2.70, p.16 (S.E. 1970(1)))

Amended by

2Council Directive 70/220/EEC of 20 March 1970 on air pollution by emissions from motor vehicles (O.J. L76 of 6.4.70, p.1 (S.E. 1970 (I)))

Amended by

Corrigenda

O.J. L303, 8.11.1988, p.36 (88/436/EEC)

O.J. L270, 19.9.1989, p.16 (89/458/EEC)

O.J. L104, 21.4.1999, p.31 (98/69/EC)

O.J. L104, 21.4.1999, p.32 (98/69/EC)

3Council Directive 70/221/EEC of 20 March 1970 on fuel tanks and rear protective devices (O.J. L76 of 6.4.70, p.23 (S.E. 1970 (I)))

Amended by

Corrigenda

O.J. L65, 15.3.1979, p.42 (70/221/EEC)

O.J. L188, 26.7.1979, p.54 (79/490/EEC)

O.J. L64, 6.3.2001, p.39 (2000/8/EC)

4Council Directive 70/222/EEC of 20 March 1970 on mounting and fixing of rear registration plates (O.J. L76 of 6.4.70, p.25 (S.E. 1970 (I)))

Amended by

5Council Directive 70/311/EEC of 8 June 1970 on steering equipment (O.J. L133 of 18.6.70, p.10)

Amended by

6Council Directive 70/387/EEC of 27 July 1970 on doors (O.J. L176 of 10.8.70, p.5 (S.E. 1970 (II)))

Amended by

Corrigenda

Consolidated text of corrigenda to instruments published in Special Edition 1952-72, p.76 (70/387/EEC)

7Council Directive 70/388/EEC of 27 July 1970 on audible warning devices (O.J. L176 of 10.8.70, p.12 (S.E. 1970 (II)))

Amended by

Corrigenda

O.J. L999, 1.1.1973, p.77 (70/388)

O.J. L329, 25.11.1982, p.31 (70/388)

8Council Directive 71/127/EEC of 1 March 1971 on rear view mirrors/devices for indirect vision (O.J. L68 of 22.3.71, p.1 (S.E. 1971 (I)))

Amended by

Corrigenda

O.J. L999, 1.1.1973, p.85 (71/127/EEC)

9Council Directive 71/320/EEC of 26 July 1971 on braking devices (O.J. L202 of 6.9.71, p.37 (S.E. 1971 (III)))

Amended by

Corrigenda

O.J. L999, 1.1.1973, p.96 (71/320/EEC)

O.J. L247, 23.9.1975, p.36 (75/524/EEC)

O.J. L275, 2.10.1991, p.36 (91/422/EEC)

10Council Directive 72/245/EEC of 20 June 1972 on suppression of radio interference (O.J. L152 of 6.7.72, p.15 (S.E. 1972 (II)))

Amended by

Corrigenda

O.J. L056, 2.3.2005, p.35 (2004/104)

11Council Directive 72/306/EEC of 2 August 1972 on emission of pollutants from diesel engines for use in motor vehicles (O.J. L190 of 20.8.72, p.1 (S.E. 1972 (III)))

Amended by

Corrigenda

O.J. L215, 6.8.1974, p.20 (72/306/EEC)

O.J. L299, 23.11.1977, p.27 (72/306/EEC)

12Council Directive 74/60/EEC of 17 December 1973 on certain interior fittings (O.J. L38 of 11.2.74, p.2)

Amended by

Corrigenda

O.J. L215, 6.8.1974, p.20 (74/60/EEC)

O.J. L53, 25.2.1977, p.30 (74/60/EEC)

13Council Directive 74/61/EEC of 17 December 1973 on anti-theft devices (O.J. L38 of 11.2.74, p.22)

Amended by

Corrigenda

O.J. L215, 6.8.1974, p.20 (74/61)

O.J. L40, 13.2.1998, p.19 (95/56)

14Council Directive 74/297/EEC of 4 June 1974 on the behaviour of steering mechanisms in the event of impact (O.J. L165 of 20.6.74, p. 16)

Amended by

15Council Directive 74/408/EEC of 22 July 1974 on strength of seats and their anchorages (O.J. L221 of 12.8.74, p.1)

Amended by

Corrigenda

O.J. L221, 31.8.1996, p.71 (96/37/EC)

16Council Directive 74/483/EEC of 17 September 1974 on external projections (O.J. L266 of 2.10.74, p.4)

Amended by

17Council Directive 75/443/EEC of 26 June 1975 on reverse and speedometer equipment (O.J. L196 of 26.7.75, p.1)

Amended by

18Council Directive 76/114/EEC of 18 December 1975 on location and attachment of statutory plates and inscriptions (O.J. L24 of 30.1.76, p.1)

Amended by

Corrigenda

O.J. L 56, 4.3.1976, p.38 (76/114)

O.J. L 329, 25.11.1982, p.31 (76/114)

19Council Directive 76/115/EEC of 18 December 1975 on anchorages for safety belts (O.J. L24 of 30.1.76, p.6)

Amended by

20Council Directive 76/756/EEC of 27 July 1976 on lighting and light signalling devices (O.J. L262 of 27.9.76, p.1)

Amended by

Corrigenda

O.J. L111, 30.4.1980, p.22 (80/233/EEC)

O.J. L131, 17.5.1984, p.50 (84/8/EEC)

O.J. L135, 22.5.1984, p.27 (84/8/EEC)

O.J. L114, 27.4.1989, p.52 (89/278/EEC)

21Council Directive 76/757/EEC of 27 July 1976 on reflex reflectors (O.J. L262 of 27.9.76, p. 32)

Amended by

22Council Directive 76/758/EEC of 27 July 1976 on end outline marker lamps, side lamps, rear lamps and stop lamps (O.J. L262 of 27.9.76, p.54)

Amended by

23Council Directive 76/759/EEC of 27 July 1976 on direction indicator lamps (O.J. L262 of 27.9.76, p.71)

Amended by

Corrigenda

O.J. L114, 27.4.1989, p.52 (89/277/EEC)

24Council Directive 76/760/EEC of 27 July 1976 on rear registration plate lamps (O.J. L262 of 27.9.76, p.85)

Amended by

25Council Directive 76/761/EEC of 27 July 1976 on headlamps and filament lamps for them (O.J. L262 of 27.9.76, p.96)

Amended by

26Council Directive 76/762/EEC of 27 July 1976 on front fog lamps and filament lamps for them (O.J. L 262 of 27.9.76, p.122)

Amended by

27Council Directive 77/389/EEC of 17 May 1977 on towing devices (O.J. L145 of 13.6.77, p.41)

Amended by

Corrigenda

O.J. L40 of 13.2.98, p.19 (77/389)

28Council Directive 77/538/EEC of 28 June 1977 on rear fog lamps (O.J. L220 of 29.8.77, p.60)

Amended by

Corrigenda

O.J. L284, 10.10.1978, p.11 (77/538)

29Council Directive 77/539/EEC of 28 June 1977 on reversing lamps (O.J. L220 of 29.8.77, p.72)

Amended by

Corrigenda

O.J. L284, 10.10.1978, p.11 (77/539)

30Council Directive 77/540/EEC of 28 June 1977 on parking lamps (O.J. L220 of 29.8.77, p.83)

Amended by

Corrigenda

O.J. L284, 10.10.1978, p.11 (77/540)

31Council Directive 77/541/EEC of 28 June 1977 on safety belts and restraint systems (O.J. L220 of 29.8.77, p.95)

Amended by

Corrigenda

O.J. L105, 26.4.2005, p.5 (2000/3/EC)

32Council Directive 77/649/EEC of 27 September 1977 on field of vision (O.J. L267 of 19.10.77, p.1)

Amended by

Corrigenda

O.J. L150, 6.6.1978, p.6 (77/649/EEC)

33Council Directive 78/316/EEC of 21 December 1977 on identification of controls, tell-tales and indicators (O.J. L81 of 28.3.78, p.3)

Amended by

34Council Directive 78/317/EEC of 21 December 1977 on windscreen defrosting and demisting systems (O.J. L81 of 28.3.78, p.27)

Corrigenda

O.J. L194 of 19.7.78, p.30 (78/317)

35Council Directive 78/318/EEC of 21 December 1977 on windscreen wiper and washer systems (O.J. L81 of 28.3.78, p.49)

Amended by

Corrigenda

O.J. L194, 19.7.1978, p.30 (78/318)

36Council Directive 78/549/EEC of 12 June 1978 on wheel guards (O.J. L168 of 26.6.78, p.45)

Amended by

37Council Directive 78/932/EEC of 16 October 1978 on head restraints (O.J. L325 of 20.11.78, p.1)

Amended by

Corrigenda

O.J. L329, 25.11.1982, p.31 (78/932)

38Council Directive 80/1268/EEC of 16 December 1980 on fuel consumption of motor vehicles (O.J. L375 of 31.12.80, p.36)

Amended by

Corrigenda

O.J. L42, 15.2.1994, p.27 (93/116/EC)

O.J. L163, 4.7.2000, p.38 (1999/100/EC)

39Council Directive 80/1269/EEC of 16 December 1980 on engine power of motor vehicles (O.J. L375 of 31.12.80, p.46)

Amended by

Corrigenda

O.J. L105, 26.4.1988, p.34 (88/195/EEC)

40Council Directive 89/297/EEC of 13 April 1989 on lateral protection (side guards) (O.J. L124 of 5.5.89, p.1)

41Council Directive 91/226/EEC of 27 March 1991 on spray-suppression systems (O.J. L103 of 23.4.91, p.5)

Amended by

42Council Directive 92/21/EEC of 31 March 1992 on masses and dimensions of certain motor vehicles (O.J. L129 of 14.5.92, p.1)

Amended by

Corrigenda

OJ L 14, 22.1.1993, p. 29 (92/21)

OJ L 252, 20.10.1995, p. 27 (95/48)

OJ L 304, 16.12.1995, p. 60 (95/48)

43Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials (O.J. L129 of 14.5.92, p.11)

Amended by

44Council Directive 92/23/EEC of 31 March 1992 on tyres (O.J. L129 of 14.5.92, p.95)

Amended by

45Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices (O.J. L129 of 14.5.92, p.154)

Amended by

46Council Directive 92/114/EEC of 17 December 1992 on external projections forward of the cab’s rear panel of motor vehicles of category N (O.J. L409 of 31.12.92, p.17)

47Directive 94/20/EC of the European Parliament and of the Council of 30 May 1994 on mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles (O.J. L195 of 29.7.94, p.1)

Amended by

48Directive 95/28/EC of the European Parliament and of the Council of 24 October 1995 on burning behaviour of materials used in the interior construction of certain categories of motor vehicles (O.J. L281 of 23.11.95, p.1)

Amended by

49Directive 96/27/EC of 20 May 1996 on the protection of occupants of motor vehicles in the event of a side impact (O.J. L 169, 8.7.1996)

Corrigenda

O.J. L102, 19.4.1997, p.46 (96/27)

50Directive 96/79/EC of the European Parliament and of the Council of 16 December 1996 on the protection of occupants of motor vehicles in the event of a frontal impact (O.J. L18 of 21.1.1997, p.1)

Amended by

Corrigenda

OJ L 83, 25.3.1997, p. 23 (96/79)

51Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers (OJ L 233, 25.8.1997, p.1)

Amended by

Corrigenda

OJ L 125, 21.5.2003, p. 14 (2001/85/EC)

52Directive 98/91/EC of the European Parliament and of the Council of 14 December 1998 relating to motor vehicles and their trailers intended for the transport of dangerous goods by road (O.J. L11, 16.1.1999, p.25)

53Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (O.J. L203, 10.8.2000, p.9)

Amended by

54Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001 on heating systems (O.J. L292 of 9.11.2001, p.21)

Amended by

55Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 on buses and coaches (O.J. L42 of 13.2.2002, p.1)

Amended by

Corrigenda

O.J. L125, 21.5.2003, p.14 (2001/85)

56Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the type-approval of devices for indirect vision and of vehicles equipped with these devices (O.J. L25, 29.1.2004, p.1)

Amended by

57Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 on protection of pedestrians and other vulnerable road users (O.J. L321 of 6.12.2003, p.15)

58Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on emission of gaseous and particulate pollutants from diesel or gas engines for use in vehicles (O.J. L275 of 20.10.2005, p.1)

Amended by

59Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on reusability, recyclability and recoverability (O.J. L310 of 25.11.2005, p.10)

60Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 on frontal protection systems (O.J. L309 of 25.11.2005, p.37)

Amended by

61Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air-conditioning systems (O.J. L161 of 14.6.2006, p.12) including the administrative procedures required by

62Regulation (EC) No. 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (O.J. L171 of 29.6.2007, p.10)

Regulations 1(2) and 17

SCHEDULE 2 Commencement and Revocations

(*)For the purposes of the application of Article 45(3) of the Framework Directive, this date is postponed until the date shown in the fourth column.

Regulation 17

SCHEDULE 3 Regulations Revoked

Regulation 3(1)

SCHEDULE 4 Amending European Communities Regulations

Commission Regulation (EC) No. 1060/2008 of 7 October 2008 replacing Annexes I, III, IV, VI, VII, XI and XV to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive).

Regulation (EC) No. 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC.

Regulation (EC) No. 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC.

GIVEN under my Official Seal,

29 April 2009

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Directive 2007/46/EC (as amended by Commission Regulation (EC) No. 1060/2008), and to each of the separate directives and EC regulations that individually regulate many components, systems and separate technical units of relevant vehicles, in so far as those Directives relate to the registration and entry of certain motor vehicles into service and the sale and entry into service of certain components, systems and separate technical units.

These Regulations apply principally to:

•new vehicles (including certain special-purpose vehicles) of categories M 1 , M 2 , M 3 , N 1 , N 2 , N 3 , O 1 , O 2 , O 3 , O 4 , whether the relevant vehicle is complete or incomplete, and, from staggered dates until 2013, existing vehicles of those categories also; and

•specified components, systems and separate technical units of such vehicles.

Among excluded categories of vehicle are two- and three-wheeled vehicles, the entry into service of which remains governed by existing law.

Essentially, no relevant vehicle may be sold, registered or enter into service unless it is the subject of a certificate of conformity with a type-approval granted by the Approval Authority for the State (the National Standards Authority of Ireland) or by an approval authority of another Member State, or it is the subject of an individual vehicle approval granted by such an authority. Similar controls are placed on the sale and entry into service of relevant vehicle components, systems and separate technical units. A certificate of conformity type approval, type approval certificate and type-approval mark issued under the former type-approval regulations is sufficient for the purposes of the registration, sale and entry into service of the relevant vehicle and for the sale and entry into service of the relevant component.

Special provision is made for vehicles (whether approved under the terms of the EU scheme or under a national scheme) that have reached an end of series, and for the mutual recognition of all type-approvals that are granted by the approval authority of another Member State (under the EU scheme) and for the mutual recognition of a type-approval or an individual vehicle approval that has been granted by the approval authority of another Member State (under that other state’s national scheme).

The Approval Authority for the State is empowered to take action where a type of vehicle is a serious risk to road safety or is seriously harming the environment or public health, by directing that all relevant certificates of conformity (whether issued before or after the giving of the direction) are invalid for the purposes of the sale, registration and entry into service of that type of vehicle.

These Regulations penalise certain breaches of their terms and provide for the appointment and powers of authorised officers to ensure their effective implementation. These Regulations also create an internal review procedure regarding decisions of the Approval Authority, and revoke a large number of statutory instruments that have, until now, regulated some of the matters that these Regulations address.

1 O.J. No. L.263, 9.10.2007, page 1.

2 O.J. No. L.171, 9.7.2003, page 1.

3 O.J. No. L.124, 9.5.2002, page 1.