S.I. No. 556/2020 - European Union (Road Vehicles: Type-Approval and Market Surveillance) Regulations 2020

1. All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in this Schedule, shall be such that no danger is caused or likely to be caused

to any person in the vehicle or on a road.

2. In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight

(

a

) it shall be possible to control the vehicle safely, taking account of the vehicle’s speed and acceleration capabilities;

(

b

) it shall at all times be possible for the driver, while controlling the vehicle, to have a full view of the road and traffic ahead of the vehicle;

(

c

) the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts shall be sufficient to ensure no risk of fouling and the wheels and wheel fixings shall be compatible;

(

d

) the vehicle structure (chassis or integral chassis-body), shall be so designed and constructed as to withstand the forces and vibration to which it is likely to be subject;

(

e

) all entries and exits provided for the vehicle occupants (other than doors) shall be so designed as to allow easy and safe use;

(

f

) all aperture covers (other than doors) including tail gates, boot and bonnet lids, shall be capable of being securely latched in the fully closed position;

(

g

) the steering, suspension, axles and wheels shall be so designed, constructed and fitted as to withstand the forces and vibration to which they are likely to be subject;

(

h

) the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments

of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion.

All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.

GIVEN under my Official Seal,

27 November, 2020.

EAMON RYAN,

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 further effect to Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No. 715/2007 and (EC) No. 595/2009 and repealing Directive 2007/46/EC.

These Regulations apply principally to

• New motor vehicles (including certain special-purpose vehicles) of categories M

1

, M

2

, M

3

, N

1

, N

2

, N

3

, and new trailers of categories O

1

, O

2

, O

3

, O

4

, whether the relevant motor vehicle or trailer is complete or incomplete; and

• Systems, components, separate technical units, parts and equipment designed and constructed for such motor vehicles and trailers.

These Regulations provide that a relevant vehicle or trailer may be type-approved in accordance with

• The EU scheme, where such approval will be valid in every Member State (specific provisions apply to a small series of such vehicles, the number of which is strictly limited); or,

• A national scheme in Ireland (relating only to a small series of such vehicles, the number of which is strictly limited, and to individual vehicles), setting out alternative administrative requirements for national small series type-approval and national individual vehicle approval as well as procedures for the withdrawal of national approvals.

These Regulations set out the requirements for the placing on the market and entry into service of new vehicles. Vehicles placed on the market are subject to the Road Traffic (Construction and Use of Vehicles) Regulations 2003(

S.I. No. 5 of 2003

) and must be constructed or adapted for left hand traffic. Essentially, no relevant vehicle under the scope of these Regulations 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.

These new Regulations provide for the establishment and appointment of an Automotive Market Surveillance Authority for the State (the Road Safety Authority) as required under Regulation (EU) 2018/858. Details of offences and penalties are provided, and the Regulations also permit the Automotive Market Surveillance Authority to appoint authorised officers to carry out investigations under the Regulations.

These Regulations also create an internal review procedure regarding decisions of the Approval Authority or Automotive Market Surveillance Authority.

These Regulations include two Schedules relating to national type approvals

•

Schedule 1

- describes the certain varieties of vehicle that are eligible for national individual vehicle approval; and,

•

Schedule 2

- lays down the alternative technical requirements for national small series type approval and national individual vehicle approval, including the technical requirements for vehicles included in Schedule 1.

These Regulations also revoke a number of statutory instruments in full or part of, that have until now, regulated some of the matters that these Regulations address.

1 OJ No. L151, 14.6.2018, p.1

2 OJ No. L235, 17.9.1996, p. 59

3 OJ No. L67, 9.3.2002, p. 47

4 OJ No. L115, 6.5.2015, p. 1

5 OJ No. L164, 20.6.2019, p. 30

6 OJ No. L198, 25.7.2019, p. 202

7 OJ No. L163, 26.5.2020, p.1

3. The steering control and column assembly as fitted to the vehicle or the steering control itself shall offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. This requirement shall be treated as met if either-

(a) the vehicle complies with the requirements of paragraph 5.2 of Annex 1 of Directive 74/297/EEC; or

(b) the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC.

4. The vehicle shall comply with the requirements of paragraph 5.1 of Annex 1 of Directive 74/297/EEC.

15A

Seats, their anchorages and any head restraints

Alternative to National Small Series Type-Approval

No Alterations or Variations except

For vehicles other than category M

2

(Class B or III) and M

3

(Class B or III) and not fitted with seat belts a Visual Inspection.

15B

Seats of large passenger vehicles

Applicability

No Alterations or Variations

16A

External projections

Applicability

Handles, hinges, push buttons and fuel tank filler caps shall not project more than 40 mm from the external surface unless they cannot under any circumstance project beyond the extreme outer edge of the vehicle, in which case they may project by up to 50 mm from the external surface. All handles shall be enclosed in a protective surround or be recessed, unless they cannot in any circumstances project beyond the extreme outer edge of the vehicle.

The open ends of door handles which rotate parallel to the plane of the door shall be turned back towards the plane of the door. Such open ends shall be directed rearwards unless the handles cannot under any circumstances project beyond the extreme outer edge of the vehicle and at least one of the following requirements is met-

(a) the open end of the handle is shielded to

the front by a protective surround, or

(b) the open end of the handle is recessed

into the vehicle bodywork, or

(c) the gap measured laterally between the open end of the handle and the vehicle body is no more than 2 mm when the handle is in its normal position with the door latched. The open ends of handles, which pivot

outwards in any direction, shall face either rearwards or downwards, unless they have an independent return mechanism and cannot project more than 15 mm from the external surface should the return mechanism fail.

17A

Vehicle access and manoeuvrability (reverse gear)

Alternative to National Small Series Type-Approval

No Alternatives or Variations

17B

Speedometer equipment including its installation

Alternative to National Small Series Type-Approval

No Alternatives or Variations

18A

Manufacturer’s statutory plate and VIN

Alternative to National Small Series Type-Approval

No Alternatives or Variations

19A

Safety-belt anchorages, ISOFIX anchorages systems and ISOFIX top tether anchorages

Alternative to National Small Series Type-Approval

No Alterations or Variations

Schedule 1 vehicles

Tests need not be performed provided that the vehicle is designed to meet the strength characteristics equivalent to those needed to satisfy the requirements of this item.

20A

Installation of lighting and light signalling devices on vehicles

Alternative to National Small Series Type-Approval

The requirements are limited to the installation of approved components as appropriate to the location, of the requisite number, installed in the specified positions, with the required geometric visibility and that operate in accordance with the technical requirements of UN Regulation No. 48.

Dipped beam headlamps shall be suitable for left hand rule of the road traffic******.

If there is only one rear fog lamp, it shall be on the right-hand side of the vehicle******.

For category M

1

and N

1

5. The handbrake control in the fully released position and the gear-lever control in any forward gear position shall not have any radius of curvature of less than 3.2 mm on surfaces which can be contacted by a sphere of 165 mm diameter.

6. Shelves and other similar items fitted below the level of the highest part of the instrument panel shall be so constructed that their supports have no protruding edges and that all parts facing into the vehicle present a surface not less than 25 mm high with edges rounded to a radius of curvature of not less than 3.2 mm. This surface shall also be covered with non-rigid material.

7. On that part of the inner surface of the roof which is situated above or forward of the occupants and can be contacted by a sphere of 165 mm diameter, the width of projecting parts made of rigid material, shall

not be less than the length of their projection from the surface and their edges shall have a radius of curvature of not less than 5 mm. Roof sticks or ribs made of rigid material with the exception of the header rail of the glazed surfaces and door frames, shall not project downwards by more than 19mm.

For the purposes of this item-

“airbag” means a device installed to supplement safety belts and restraint systems in power-driven vehicles, i.e. systems which in the event of a severe impact affecting the vehicle automatically deploy a flexible structure intended to limit, by compression of the gas contained within it, the severity of the contacts of one or more parts of an occupant of the vehicle with the interior of the passenger compartment.

“designated seating position” means a position where there is a seat designed for normal use while the vehicle is travelling on the road;

“head impact zone” has the same meaning as in Directive 74/60/EEC;

“non-rigid material” means a material which has a hardness of less than 50 shore A;

“rigid material” means a material which has a hardness of no less than 50 shore A;

“sharp edge” means an edge of rigid material having a radius of curvature of less than 2.5 mm, except in the case of projections of less than 3.2 mm from the panel. In this case, the minimum radius of curvature shall not apply provided that the height of the projection is not more than half its width and its edges are blunted;

“specified zone” means the zone which-

(a) is forward of the transverse plane of the torso reference line of the manikin as defined in paragraph 2.5 and appendix 1 of Annex 3 to Directive 7/649/EEC as last amended by Directive 90/630/EEC with the manikin positioned in the rearmost designated seating position;

(b) is above the horizontal plane passing through the point 150 mm above the lowest part of the top of the front seat cushions; and

(c) is outside the areas defined by paragraphs 2.3.1, 2.3.2 and 2.3.3 of Annex I to Directive 74/60/EEC as last amended by Directive 78/632/EEC.

This item shall not apply to a goods vehicle.

Paragraph 1 shall not apply to

(a) the edges of any interior fitting (if there is a gap of less than 20 mm wide between the edges);

(b) any heating or ventilation grill element; or

(c) any control mounted on the heating or ventilation grill element area; so long as they are blunted.

Paragraph 1 shall not apply to foot pedal controls.

Paragraphs 1 and 2 shall not apply to any switches, controls or associated equipment designed for the use by a disabled person and fitted in a disabled person’s vehicle so long as any edges are blunted.

Paragraph 4 shall not apply to any seat designed for a disabled person and fitted in a disabled person’s vehicle.

Paragraph 5 shall not apply to-

(a) any floor-mounted hand-brake control if, in the fully released position, no part of the control is in the specified zone; or

(b) any hand-brake control mounted on or under the instrument panel, if in the fully released position, there is no possibility of the occupants of the vehicle

contacting it in the event of a frontal impact.

Paragraph 7 shall not apply to parts covered

with a non-rigid material and the hoodframes of convertible vehicles. For opening roofs, the requirements shall apply to parts, including devices for opening, closing and adjusting the roof, with the roof in the closed position.

Paragraph 1 (in so far as it relates to the surface of an instrument panel) and paragraph 2 shall not apply to any vehicle if

(a) it is fitted with air bags for the protection of the driver and the front seat passenger; and

(b) those air bags were fitted at the time the vehicle was manufactured, except that this exemption shall not apply to: (i) an amateur-built vehicle, (ii) a vehicle

manufactured in very low volume, (iii) a vehicle manufactured using parts of a registered vehicle, and (iv) a rebuilt vehicle.

13A

Protection of motor vehicles against unauthorised use

Alternative to National Small Series Type-Approval

No Alterations or Variations

13B

Protection of motor vehicles against unauthorised use

Alternative to National Small Series Type-Approval

No Alterations or Variations

Schedule 1 vehicles

In the case of devices to prevent unauthorised use the manufacturer may as an alternative to an approval or test report issue a declaration of the device(s) fitted and that they comply with the applicable regulatory act, and in such case an Installation Check will be conducted.

The vehicle shall be fitted with some form of anti-theft device, that is to say, a mechanical, electrical or electronic immobiliser or a combination of these (in addition to any key operated switch normally used to start the engine) that prevents the vehicle being driven or moved under its own power. Such

device(s) shall comply with the following

(a) No anti-theft device shall operate on the braking system.

(b) If any anti-theft device is, or incorporates, any mechanical device that acts upon a system that affects the control of the vehicle (e.g. the steering control)-

(i) it shall not be possible to start the engine in the normal way until every such mechanical device has

been deactivated,

(ii) it shall not be possible to activate any such mechanical device while the engine is running, and

(iii) the action of activating any such mechanical device shall be distinct and separate from that of stopping the engine. Any alarm system or immobiliser fitted to a vehicle shall comply with paragraph 1 or 2 as applicable.

Optional panic alarm not forming part of an alarm system under paragraphs 1 or 2 shall comply with the following

(a) The alarm signal shall be audible and

in addition, may include optical alarm

devices, or be a radio alarm, or any

combination of the above.

(b) The technical requirements of

Directive 74/61/EEC as last amended by Directive 95/56/EC, Annex VI, Part II, paragraphs 8.2 to 8.8, 9.1.2 to

9.2.1, 9.2.3 to 9.4, 9.6, 9.9 to 9.10, and 9.11.2 to 11 inclusive.

(c) Unsetting the panic alarm shall

immediately cut the alarm signal.

(d) Any reference to “alarm” or “AS” shall be taken to mean “panic alarm”.

An “Installation Check” means an inspection of installed components as the approving authority deem necessary and in the case of an Immobiliser or Alarm system a completed installation certificate except that a panic alarm a test report is required.

14A

Protection of the driver against the steering mechanism in the event of impact

Alternative to National Small Series Type-Approval

No Alterations or Variations

Schedule 1 vehicles

8. (1) A regulated public service vehicle shall have a sign conforming with diagram B in Part II of this Schedule, or a sign of equivalent meaning conforming to the dimensions in that diagram, which is

(

a

) Coloured white on a blue background;

(

b

) Of dimensions of not less than 150mm by 150mm when fitted externally or of not less than 60mm by 60mm when fitted internally; and,

(

c

) Situated-

(i) On the exterior of the vehicle and adjacent to any entrance for a wheelchair user;

(ii) On the interior of the vehicle and adjacent to any exit for a wheelchair user; and,

(iii) Adjacent to any wheelchair space, and in a position clearly visible to a wheelchair user.

(2) There shall be situated adjacent to a wheelchair space and in a position clearly visible to a wheelchair user

(

a

) A sign indicating the direction that the wheelchair and the wheelchair user shall face during travel; and,

(

b

) Appropriate safety instructions explaining the use of the wheelchair space.

(3) Where a regulated public service vehicle is fitted with a wheelchair space for a forward facing wheelchair in accordance with the requirements of paragraph 3, instructions on the use of the wheelchair restraint system and wheelchair user restraint shall be situated in a position readily visible to any person using the system.

Communication devices

9. (1) A communication device shall be fitted to a regulated public

service vehicle in the following positions

(

a

) Adjacent to a wheelchair space and in a position readily useable by any person who is using the wheelchair space; and,

(

b

) On the exterior of the vehicle adjacent to any entrance for wheelchair access which is outside the direct view of the driver, except where that entrance is in the rear of the vehicle in which case the device shall be fitted on the rearmost part of the side face of the vehicle from which passengers will board the vehicle and at a height of not less than 850mm and not more than 1000mm measured vertically from the ground (with the vehicle at its minimum height if

it is fitted with a kneeling system) to the centre of the device.

(2) Unless sub-paragraph (3) applies, any communication device fitted in accordance with sub-paragraph (1) shall comply with the following requirements

(

a

) A communication device shall be operable by the palm of the hand;

(

b

) The surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and,

(

c

) When operated, a communication device shall activate an audible signal which enables the driver to identify that a device fitted in accordance with sub-paragraph (1) has been activated, and where fitted in accordance with sub-paragraph (1)(

a

), after activating an audible signal may (on being operated subsequently) provide a visual signal which is visible to the driver until the opening of at least one of the exits.

(3) Where a regulated public service vehicle is required to comply with Chapter II, any communication device fitted in accordance with sub-paragraph (1)(

a

) shall comply with the following requirements

(

a

) A communication device shall be operable by the palm of the hand;

(

b

) The surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and,

(

c

) When operated, a communication device-

(i) After activating an audible signal to the driver which enables the driver to identify that a device fitted in accordance with sub-paragraph (1)(

a

) or (

b

) has been

activated, may (on being operated subsequently) provide a visual signal to the driver until the opening of at least one of the exits;

(ii) Shall activate an audible signal which is audible in the passenger area; and,

(iii) Shall activate at least one illuminated stopping sign on each deck of the vehicle or, in the case of an articulated vehicle, on each section of that vehicle, which is or

would be within the field of vision of the passengers seated on a majority of the seats on that deck or in that section.

(4) An illuminated stopping sign

(

a

) Shall not use only capital letters; and,

(

b

) Shall display illuminated the word “stopping” or a word or words to that effect immediately a communication device is activated and until at least one of the exits is open.

Lighting

10. (1) Lighting shall be fitted to illuminate the interior and exterior of a regulated public service vehicle sufficient to allow a wheelchair user to board and alight from the vehicle in safety.

(2) Any lighting fitted to a regulated public service vehicle in accordance with sub-paragraph (1) shall have a means of preventing its operation when the vehicle is in motion if its use is likely to affect

adversely the driver’s vision.

Diagram A - Wheelchair Dimensions

Diagram B - Wheelchair Sign

CHAPTER II

GENERAL ACCESSIBILITY REQUIREMENTS FOR SINGLEDECK AND DOUBLE-DECK BUSES (Class I)

Definitions

11. (1) (

a

) The Approval Authority shall, as soon as is practicable after the 7th anniversary of the date of the grant or amendment of a national small series type-approval by it in accordance with Regulation 9 for vehicles of categories M

1

and N

1

, verify that the type of vehicle complies with all of the alternative requirements that are relevant to that type.

(

b

) The Approval Authority shall, as soon as is practicable after the 10th anniversary of the date of the grant or amendment of a national small series type-approval by it in accordance with Regulation 9 for vehicles of categories M

2

, M

3

, N

2

, N

3

and O, verify that the type of vehicle complies with all of the alternative requirements that are relevant to that type.

(2) Where the Approval Authority carries out the verification referred to in paragraph (1), it shall not be necessary for the appropriate tests and inspections referred to in Regulation 7 to be repeated.

(3) (

a

) Subject to Article 89(1) of the Framework Regulation, a national small series type-approval shall become invalid in each of the following cases

(i) where new requirements applicable to the approved type of vehicle become mandatory for the making available on the market, registration or entry into service of the vehicle and the national small series type-approval cannot be amended in accordance with Regulation 9;

(ii) where the Approval Authority, after carrying out a verification in accordance with paragraph (1)(a) or (b), concludes that the vehicle does not comply with all the alternative requirements that are relevant to that type;

(iii) where the production of vehicles in conformity with the approved type of vehicle is definitively discontinued on a voluntary basis;

(iv) where the national small series type-approval has been withdrawn in accordance with Regulation 14;

(v) where the validity of the national small series type-approval certificate expires by virtue of a restriction to which it is subject;

(vi) where the Approval Authority is satisfied that -

(I) the national small series type-approval was based on false declarations or falsified test results, or

(II) data were withheld which would have led to the refusal to grant that type-approval.

(

b

) A type-approval which falls within subparagraph (a)(iii) shall continue to be valid for the purpose of registration or entry into service in so far as subparagraph (a)(i) does not apply in addition to subparagraph (a)(iii).

(4) Where the national small series type-approval of only one variant within a type of vehicle or one version within a variant becomes invalid, the national small series type-approval of the type of vehicle concerned shall become invalid only in so far as the particular variant or version, as the case may be, is concerned.

(5) Where the production of a particular type of vehicle is definitively discontinued, the manufacturer concerned shall notify the Approval Authority in writing without delay of the date of the discontinuance.

(6) Paragraph (3)(a)(vi) shall, with all necessary modifications, apply to an individual vehicle approval.

National individual vehicle approval

12. (1) (

a

) An application for national individual vehicle approval shall be in a form specified by the Approval Authority.

(

b

) The application shall be -

(i) completed so as to provide all the information reasonably required by the Approval Authority in relation to the vehicle the subject of the application, and

(ii) accompanied by -

(I) the documents mentioned in the form as being so required, and

(II) the specified fee.

(2) The Approval Authority shall, as soon as is practicable after receiving the application, send to the applicant a notice stating the address at which the examination of the vehicle is to be carried out.

(3) The Approval Authority shall decide whether to grant or refuse the application in accordance with Article 45 of the Framework Regulation and the technical requirements.

(4) (

a

) Subject to subparagraph (b), for the purposes of paragraph (3), the alternative requirements that Article 45(1) of the Framework Regulation requires to be imposed are the technical requirements specified in Part 5 of Schedule 2.

(

b

) The technical requirements referred to in subparagraph (a) also apply to a Schedule 1 vehicle subject to any modification or addition to any such requirement that is stipulated in Part 5 of Schedule 2 as being applicable to the Schedule 1 vehicle.

(5) Where a national individual vehicle approval certificate issued in the State is lost or defaced, the owner of the vehicle to which the certificate relates may apply to the Approval Authority for a duplicate of that certificate.

(6) (

a

) An application under paragraph (5) shall be -

(i) in a form specified by the Approval Authority, and

(ii) accompanied by the specified fee.

(

b

) The Approval Authority may, by notice in writing, request the applicant to provide any additional information reasonably required by the Approval Authority to determine the application and the applicant shall comply with the request as soon as is practicable after receiving the request.

(7) The Approval Authority shall ensure that the word “duplicate” is clearly visible on the face of a duplicate of a national individual vehicle approval certificate issued pursuant to an application under paragraph (5).

Retention of certificates etc.

13. A person who has been issued a certificate or given a notice in accordance with this Part shall keep that certificate or notice, as the case may be, at the disposal of the Approval Authority for a period of not less than 10 years commencing from the date of the issue of the certificate or the giving of the notice, as the case may be.

Part 3

WITHDRAWAL OR SUSPENSION OF NATIONAL SMALL SERIES TYPE-APPROVAL AND INDIVIDUAL VEHICLE APPROVAL

Withdrawal or suspension

14. (1) Subject to paragraph (2), the Approval Authority may withdraw or suspend a national small series type-approval where the Authority is satisfied that -

(

a

) a vehicle is accompanied by a certificate of conformity and fails to conform to the approved type, or

(

b

) the procedures established by a manufacturer for ensuring conformity of production are inadequate.

(2) Where the Approval Authority is considering withdrawing or suspending a national small series type-approval, the Authority shall give the manufacturer a notice in writing of such consideration and setting out the reasons for such consideration.

(3) Where the Approval Authority gives a notice under paragraph (2) -

(

a

) the manufacturer may, within the period of 28 days beginning with the day on which the notice is given, make representations in writing concerning the proposed withdrawal or suspension,

(

b

) the Approval Authority shall not make a decision on the withdrawal or suspension of the national small series type-approval until that period has expired, and

(

c

) the Approval Authority shall, before deciding whether or not to withdraw or suspend the national small series type-approval, take into account any representations in writing made by the manufacturer within that period.

(4) Where a national small series type-approval has been suspended under this Regulation in respect of a type of vehicle, a certificate of conformity issued by the manufacturer, on or after such suspension, in respect of a vehicle of that type is invalid.

(5) A suspension remains in force until it is revoked by the Approval Authority.

(6) The Approval Authority may, by a notice under paragraph (2) or by a subsequent notice in writing given to the manufacturer, exempt from paragraph (4) certificates of conformity, or classes of such certificates, specified in the notice.

(7) Where the Approval Authority refuses to revoke a suspension under paragraph (5) or grant an exemption under paragraph (6) following a request in writing from the manufacturer to do so, the Authority shall, as soon as is practicable after making that decision in respect of a national small series type-approval, give notice in writing of that decision to the manufacturer.

(8) Subject to paragraph (9), the Approval Authority may withdraw or suspend a national individual vehicle approval where the Authority is satisfied that -

(

a

) the approval was based on false declarations or falsified test results, or

(

b

) data were withheld which would have led to the refusal to grant that approval.

(9) Where the Approval Authority is considering withdrawing or suspending a national individual vehicle approval under paragraph (8), paragraphs (2) and (3) shall apply to such consideration as if -

(

a

) references in paragraphs (2) and (3) to “national small series type-approval” were references to “national individual vehicle approval”, and

(

b

) references in paragraphs (2) and (3) to “manufacturer” were references to “owner of the vehicle concerned”.

Part 4

PLACING ON THE MARKET AND ENTRY INTO SERVICE

Placing on the market and entry into service

15. (1) Subject to paragraph (2), a person shall not place a vehicle on the market that exceeds the harmonised dimensions, weights and axle loads laid down in Annex I to Council Directive 96/53/EC.

(2) Paragraph (1) shall not apply where a vehicle complies with the requirements of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (

S.I. No. 5 of 2003

).

(3) (

a

) Subparagraph (b) applies where a new vehicle to which the Framework Regulation applies or these Regulations apply -

(i) is not constructed or adapted for use in left-hand traffic, or

(ii) does not use metric units of measurement for its speedometer.

(

b

) Technical adaptations shall be made to the new vehicle -

(i) in order to ensure that the vehicle ceases to fall within subparagraph (a), and

(ii) before any of the following occurs

(I) the vehicle is registered;

(II) the vehicle enters into service;

(III) the vehicle is made available on the market.

(

c

) In subparagraph (b), “technical adaptations”, in relation to a new vehicle to which that subparagraph applies, means the adaptations specified, in items 20A, 35A, 52A and 66 of each of Tables 1 to 6 in Schedule 2, applicable to that vehicle.

(4) Where a vehicle to which the Framework Regulation applies or these Regulations apply is required to be registered, the certificate of conformity or individual vehicle approval certificate, as the case may be, shall be produced at the time of first registration.

(5) In the case of a new vehicle subject to type-approval, the manufacturer shall, in respect of the vehicle concerned -

(

a

) notify the Approval Authority of the existence of the vehicle and obtain for that vehicle a unique reference number, and

(

b

) retain evidence of this communication, in paper form or electronic form, for a period of not less than 10 years.

(6) Where the Approval Authority makes a communication under Article 43(4) of the Framework Regulation, or decides to grant or refuse permission under Article 46(3) of the Framework Regulation, it shall notify the Revenue Commissioners accordingly.

(7) The Revenue Commissioners shall notify the Approval Authority where a new vehicle is declared for registration and reliance is placed by the applicant on a mutually-recognised approval that is not included in a notification under paragraph (6).

(8) Where paragraph (7) applies, the new vehicle shall not be registered, entered into service or sold until the Approval Authority has made a decision on whether the vehicle is subject to a mutually - recognised approval and has notified the Revenue Commissioners in accordance with paragraph (6).

(9) Where a new 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 in fact such vehicle is not the subject of such approval, then -

(

a

) the registration of the vehicle may be cancelled,

(

b

) if it has entered into service, the vehicle shall be withdrawn from service, and

(

c

) if it has been sold, the buyer may, at his or her election, avoid the contract of purchase -

(i) within 30 days of becoming aware that the vehicle is not the subject of a mutually-recognised approval, or

(ii) within 90 days of a communication under Article 43(4) of the Framework Regulation or a decision to refuse permission under Article 46(3) of the Framework Regulation,

whichever is the later.

(10) Where a vehicle to which the Framework Regulation applies or these Regulations apply is not required to be registered, the person who makes the vehicle available on the market shall -

(

a

) send a copy of the certificate of conformity or national individual vehicle approval certificate along with the unique reference number, if applicable, for the vehicle concerned to the Approval Authority, and

(

b

) retain evidence, in writing, of this communication for a period of not less than 10 years.

Part 5

ENFORCEMENT

Authorised officers

16. (1) The Market Surveillance Authority may appoint a person to be an authorised officer for the purpose of the Framework Regulation and these Regulations.

(2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer.

(3) When exercising a power conferred on him or her under this Regulation, an authorised officer shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.

(4) An appointment under subsection (1) may be revoked at any time by the Market Surveillance Authority.

(5) An authorised officer may, for the purpose of ensuring that the Framework Regulation and these Regulations are being complied with, do any of the following

(

a

) require any economic operator to produce the type-approval certificate or certificate of conformity to the authorised officer in respect of any vehicle, system, component or separate technical unit;

(

b

) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any vehicle, system, component, separate technical unit, parts or equipment to which the Framework Regulation or these Regulations applies or apply are or are likely to be found, and search and inspect the premises or place and such vehicle, system, component, separate technical unit, parts or equipment found there and any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment;

(

c

) secure for later inspection any premises or place or part of it in which any such vehicle, system, component, separate technical unit, parts or equipment or any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment are kept or there are reasonable grounds for believing that such are kept;

(

d

) require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment 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 the authorised officer may reasonably require in relation to any entries in such books, documents or records;

(

e

) 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);

(

f

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

(

g

) 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;

(

h

) require any person in charge of the premises or place to give him or her any information which he or she may reasonably require relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment;

(

i

) take without payment of compensation any necessary samples of any vehicle, system, component, separate technical unit, parts or equipment;

(

j

) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient.

(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, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Framework Regulation or these Regulations is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and 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 officer under this Regulation.

Offences and prosecution

17. (1) An approved tester shall not carry out any of the activities listed in Article 84(2) of the Framework Regulation.

(2) An economic operator shall not carry out any of the activities listed in Article 84(2) and (3) of the Framework Regulation.

(3) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

(4) A person who -

(

a

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

(

b

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

(

c

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

(

d

) 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,

shall be guilty of an offence.

(5) A person guilty of an offence under this Regulation shall be liable -

(

a

) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or both, or

(

b

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

(6) (

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.

(7) A summary offence under these Regulations may be prosecuted by the Market Surveillance Authority or the Approval Authority.

Part 6

MISCELLANEOUS

Review

18. (1) Subject to paragraph (9), any person who is aggrieved by a decision of the Approval Authority made under the Framework Regulation or these Regulations may 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 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 shall state the grounds on which the review is sought and be accompanied by the following documents

(

a

) where the review relates to a decision of the Approval Authority in relation to a type-approval application or an individual vehicle approval application, a copy of the documents which accompanied the application for the approval concerned, and

(

b

) where the review relates to a withdrawal, suspension or amendment of a type-approval certificate or individual vehicle approval certificate, a copy of the certificate concerned.

(5) An application for a review under this Regulation shall not be considered where paragraph (4) has not been complied with.

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

(

a

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

(

b

) act as an assessor in a review or an 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.

(7) 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.

(8) The Approval Authority shall cause its decision on a review and the reasons for making that decision to be notified to the applicant.

(9) This Regulation shall not apply to a decision of the Approval Authority taken under Chapter XV of the Framework Regulation or to the exercise of the Approval Authority or the Market Surveillance Authority of their respective functions under Part 4.

(10) Paragraphs (1) to (3) and (6) to (8) shall, with all necessary modifications, apply to the Market Surveillance Authority and a decision of the Market Surveillance Authority under the Framework Regulation or these Regulations as those paragraphs apply to the Approval Authority and a decision of the Approval Authority under the Framework Regulation or these Regulations.

Service of notices

19. (1) Subject to paragraph (2), any notice or other document required or authorised by virtue of the Framework Regulation or these Regulations to be given to any person by the Approval Authority or the Market Surveillance Authority shall be addressed to the person concerned by name and may be given -

(

a

) by delivering it to the person,

(

b

) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,

(

c

) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

(d) by electronic communication, if the person concerned has agreed to service of notices by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.

(2) For the purposes of this Regulation, a company within the meaning of the

Companies Act 2014

(No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(3) Where a notice or other document has been sent to a person in accordance with paragraph (1)(c), it is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.

Revocations

20. (1) The European Communities (Road Vehicles: Entry into Service) Regulations 2009 (

S.I. No. 157 of 2009

) are revoked.

(2) The 2009 Regulations are revoked except for Regulations 1 to 3, 25(2)(l) and (3) to (6), 26 and 31 of those Regulations.

Saving for applications made, approvals granted and certificates issued under 2009 Regulations

21. (1) An application for type-approval or individual vehicle approval made under the 2009 Regulations before the commencement of these Regulations but not determined before such commencement shall have effect as if the application were made under these Regulations.

(2) Subject to Article 89(2) of the Framework Regulation, notwithstanding the revocation of the 2009 Regulations by Regulation 20, a certificate of conformity, type-approval, individual vehicle approval, type-approval certificate, individual vehicle approval certificate or type-approval mark issued under those Regulations shall -

(

a

) continue to have effect according to its terms, and

(

b

) be treated, for the purposes of these Regulations, as if it had been issued under these Regulations.

SCHEDULE 1

Individual Approval: Certain Varieties of Vehicle

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st December,

2020.

Table of Contents

Part 1

PRELIMINARY AND GENERAL