S.I. No. 305/1978:

EUROPEAN COMMUNITIES (MOTOR VEHICLES TYPE APPROVAL) REGULATIONS, 1978.

EUROPEAN COMMUNITIES (MOTOR VEHICLES TYPE APPROVAL) REGULATIONS, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the power conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 306 of 1977 ), and for the purpose of giving effect to the Community Directives specified in Schedule 1 to the following Regulations, in so far as those Directives apply to the type approval of motor vehicles, trailers and components, hereby make the following Regulations:--

1. These Regulations may be cited as the European Communities (Motor Vehicles Type Approval) Regulations, 1978, and shall come into operation on the 24th day of November, 1978.

2. (1) In these Regulations--

"Act of Accession" means the Act of Accession to the Treaty relating to the accession of Ireland to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd day of January, 1972;

"certificate of conformity" means a document in the form specified in Schedule 2 to these Regulations;

"component", in relation to a vehicle, means a part, aspect or feature (including a system or parts which form a separate technical unit) which is the subject of a scheduled Directive and includes any part of the equipment of a vehicle and anything intended for the protection of a person in a vehicle, whether or not it forms part of the vehicle;

"information document", in relation to a particular provision of these Regulations, means the appropriate document provided by the Institute for the purpose of that provision, having regard to the provisions of the scheduled Directives;

"the Institute" means the Institute for Industrial Research and Standards;

"the Minister" means the Minister for Industry, Commerce and Energy;

"the relevant aspects of design, construction, equipment or marking", in relation to a vehicle or component, means those aspects of design, construction, equipment and marking which are the subject of a scheduled Directive;

"scheduled Directives" means the Community Directives specified in Schedule I to these Regulations;

"type approval certificate" means, in relation to a complete vehicle, a document (to which is attached the appropriate information document duly completed) in the form specified in Schedule 3 to these Regulations and, in relation to a component, a document (to which is attached the appropriate information document duly completed) in the form specified in the relevant scheduled Directive;

"type approval mark" means a mark authorised by the Institute under Regulation 5 in accordance with the appropriate scheduled Directive;

"type approval requirements" means the appropriate requirements, relating to the design, construction, equipment and marking of vehicles or components, of the scheduled Directives.

(2) In these Regulations a word or phrase to which a meaning has been assigned by a scheduled Directive has that meaning except where otherwise indicated.

3. These Regulations apply in relation to a vehicle (including a trailer) which is the subject of a scheduled Directive and to a component of such a vehicle.

4. (1) An application for an approval (in these Regulations referred to as a "type approval") under these Regulations of a vehicle or component to which these Regulations apply shall be made in writing to the Institute by the manufacturer of the vehicle or component or his authorised representative.

(2) An application under this Regulation shall be accompanied by an information document duly completed and by any other documents required by the information document.

(3) Where a manufacturer or his authorised representative has made an application under this Regulation, neither he nor his representative shall make a similar application in another member State in respect of the same type of vehicle or component.

5. (1) Where the Institute is satisfied in respect of an application under Regulation 4--

( a ) that the vehicle or component is of a type that is in conformity with--

(i) the information given in the information document and

(ii) the type approval requirements, and

( b ) that arrangements have been made by the manufacturer or his authorised representative to ensure that other vehicles or components of that type will conform with the information given in the information document and with the type approval requirements,

it shall approve the vehicle or component as a type vehicle or type component.

(2) Where the vehicle is approved under this Regulation, the Institute shall issue a type approval certificate in respect of the vehicle.

(3) Where a component is approved under this Regulation, the Institute shall issue a type approval certificate in the manner specified in the appropriate scheduled Directive and, where that Directive also provides for the issue of a type approval mark, the Institute shall also issue such a mark.

(4) ( a ) Where the Institute has granted a type approval under these Regulations it shall, in co-operation with other member States if necessary, take the necessary measures to verify that relevant production models conform to the type approved.

( b ) Measures taken under this paragraph shall be limited to spot checks.

6. (1) Where in relation to an application under Regulation 4 the Institute decides that the vehicle or component is of a type that is not in conformity with the information in the information document or with the type approval requirements, it shall notify the applicant in writing of the decision.

(2) A notice under this Regulation shall specify the grounds for the decision and shall notify the applicant of his right of appeal under Regulation 16 against the decision, and of the period within which such an appeal must be made.

7. The Institute shall within one month of a decision on an application under Regulation 4 send to the competent authorities of the other member States a copy of the completed information document and a copy of the type approval certificate or of the notice issued under Regulation 6, as may be appropriate.

8. (1) The manufacturer (or his authorised representative) of a type vehicle in respect of which a type approval certificate has been issued and is in force shall, in respect of each vehicle manufactured in conformity with the type vehicle, complete and issue a certificate of conformity.

(2) The manufacturer (or his authorised representative) of a separate technical unit of a type which has been granted type approval shall affix to each unit manufactured in conformity with the approved type the trade mark or name, the type and (if the appropriate Directive so requires) the type approval number.

9. A person shall not use on a component of a vehicle a mark which would be liable to cause confusion between a component in respect of which a type approval mark has been issued and is in force and another component.

10. (1) A type approval certificate or type approval mark may be issued subject to conditions--

( a ) relating to the inspection and assessment by the Institute of samples of the vehicle or component to which the certificate or mark relates,

( b ) requiring the manufacturer (or his representative) of the vehicle or component to permit officers of the Institute to enter premises for the purpose of paragraph (a), and

( c ) requiring the manufacturer (or his representative) to notify in writing the Institute of any alterations of the relevant aspects of design, construction, equipment or marking (other than alterations permitted by the type approval requirements) and of the cessation of manufacture of the relevant vehicle or component.

(2) Where the Institute is satisfied that there has been a breach of a condition subject to which a type approval certificate or type approval mark has been issued and is in force, it may cancel the certificate or mark.

11. (1) Where the manufacturer of a vehicle or component, in respect of which a type approval certificate or type approval mark has been issued and is in force, proposes to cease manufacturing the vehicle or component, or so to alter the manufacture that any information supplied in the relevant information document is no longer correct, the manufacturer (or his representative) shall--

( a ) as soon as possible notify the Institute in writing of his proposal, indicating the date when the manufacture is to cease or the alteration is to be made, and

( b ) not later than 14 days after the manufacture ceases or the alteration is made, notify the Institute in writing of that fact, indicating the relevant date and, where appropriate, the frame or chassis number of the last such vehicle manufactured by him or the component or serial number (if any) of the last such component manufactured by him.

(2) Where the Institute considers that an alteration of manufacture does not require an amendment to the existing type approval certificate or completion of a substitute type approval certificate, it shall so inform the manufacturer and shall send to the competent authorities of the other member States in periodic batches copies of amendments to information documents already distributed.

12. (1) Where a notice under Regulation 11 (1) (a) or 11 (1) (b) relates to a cesser of manufacture, the Institute may cancel the relevant type approval certificate.

(2) Where a notice under Regulation 11(1) (a) or 11 (1) (b) relates to an alteration of manufacture, the Institute may, by notice under Regulation 15--

( a ) cancel the relevant type approval certificate or type approval mark,

( b ) cancel the relevant type approval certificate or type approval mark and issue in substitution for it a further type approval certificate or type approval mark in respect of the same vehicle or component, or

( c ) amend the relevant type approval certificate or type approval mark.

(3) Where in the case of a type vehicle the Institute issues under this Regulation a type approval certificate in substitution for a certificate that it has cancelled or amends such a certificate and where, following the cessation of production of a vehicle type which had type approval the Institute does not issue a further type approval certificate, it shall, within one month of such issue or amendment, send to the competent authority of the other member States the serial numbers of the last vehicle produced in conformity with the certificate which was cancelled or amended together, where applicable, with the serial numbers of the first vehicle produced in conformity with the substituted or amended certificate.

13. (1) Where the Institute--

( a ) is satisfied after examination of at least two vehicles of a type in respect of which a type approval certificate issued by it is in force and in respect of each of which a certificate of conformity is in force, or after examination of at least two vehicle components which are of a type in respect of which a type approval certificate issued by it is in force or which bear a type approval mark, that each such vehicle or component has not been manufactured so as to conform with the relevant aspects of design, construction, equipment or marking, or

( b ) is notified by the competent authority of another member State that, in relation to a specified vehicle or vehicle component, the authority, after an examination of the kind mentioned in paragraph (a), is so satisfied,

it shall give notice of that fact to the manufacturer.

(2) A notice under this Regulation shall specify--

( a ) in what respect the vehicles or components have been found not so to conform,

( b ) the steps that should be taken by the manufacturer to ensure that vehicles or components of the type in question manufactured by him do so conform with those aspects and the period within which the Institute requires those steps to be taken, and

( c ) that unless those steps are taken within that period the type approval certificate in question may be cancelled or suspended.

(3) Where after the expiration of a period specified under paragraph (2) (b) the Institute is not satisfied that all the steps so specified have been taken, it may, by notice under Regulation 15, cancel or suspend the type approval certificate.

(4) A copy of any notice under this Regulation shall be sent by the Institute to the competent authority of every other member State within a month of the issue of the notice by the Institute.

14. Where after examination of a vehicle in respect of which a certificate of conformity has been issued and is in force, or of a vehicle component purporting to conform with a type in respect of which type approval has been given, the Institute is of opinion that an alteration, which is required to be notified under Regulation 11(1) but has not been so notified, has been made to the vehicle or component, it may, by notice under Regulation 15, suspend the relevant type approval certificate or type approval mark.

15. (1) Where the Institute decides to cancel, suspend or modify a type approval certificate or type approval mark under any provision of these Regulations, it shall--

( a ) as soon as practicable, give notice of the decision to the manufacturer to whom the certificate or mark was issued, and

( b ) within one month from the date on which that notice is given, send a copy of the notice to the competent authority of every other member State.

(2) A notice under this Regulation shall--

( a ) specify the date on which the cancellation, suspension or amendment of the certificate or mark to which the notice relates shall take effect,

( b ) notify the manufacturer of his right of appeal under Regulation 16,

( c ) in the case of cancellation, specify the grounds for the decision to cancel,

( d ) in the case of suspension, specify--

(i) the grounds for the decision to suspend,

(ii) the conditions which must be fulfilled before the suspension will cease to have effect, and

(iii) that the suspension shall have effect until the Institute notifies the manufacturer in writing that it is satisfied that those conditions have been fulfilled, and

( e ) in the case of amendment, specify particulars of the amendment.

(3) A cancellation, suspension or amendment of a type approval certificate shall not affect the validity of any certificate of conformity or any relevant type approval mark previously issued in consequence of that type approval certificate.

16. (1) Any person aggrieved by a decision of the Institute in relation to a type approval certificate or type approval mark may, in accordance with paragraphs (2) and (3) of this Regulation, appeal to the Minister.

(2) On an appeal under this Regulation the Minister--

( a ) shall have the same powers and duties as the Institute has on an application for type approval,

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

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

(3) An appeal under this Regulation shall be made by notice to the Minister which shall be lodged with him not later than fourteen days from the date on which notice of the decision in respect of which the appeal is made was given.

(4) A notice of appeal under this Regulation shall state the grounds on which the appeal is made and shall be accompanied by the following documents--

( a ) a copy of the information document which accompanied the application for the type approval certificate or type approval mark in question, and

( b ) where the appeal relates to a cancellation, suspension or amendment of a type approval certificate, a copy of the certificate.

17. (1) The manufacturer of a type vehicle in respect of which a type approval certificate has been issued and is in force shall keep a record of every certificate of conformity issued by him under these Regulations, including a record of the serial number of the certificate and of the manufacturer's identification number assigned to the vehicle in respect of which the certificate was issued and of the Community reference numbers of the Community Directives with whose requirements the vehicle conformed.

(2) An officer of the Institute authorised for the purpose of these Regulations by the Institute may, on giving a manufacturer reasonable notice and after production, if so required, of his authority, require the manufacturer to produce for inspection the records kept by him under this Regulation, and may inspect and take copies of such records.

18. (1) A person who contravenes any provision or requirement of or under these Regulations (including a condition referred to in Regulation 10) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300 or to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(2) Where an offence under this Regulation is proved to have been committed with the consent or approval of a person who is a director, member of the committee of management or other controlling authority of a body corporate or a manager, secretary or other officer of the body corporate, or to have been facilitated by any neglect on the part of any such person, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

19. An offence under these Regulations may be prosecuted by the Minister.

20. No action or other legal process shall lie, except in a case of wilful neglect or default, against the Institute by reason of, or arising out of, the carrying out of any test under these Regulations.

SCHEDULE 1

Community Directives regarding Type Approval of Motor Vehicles, their Trailers and Components.

SCHEDULE 2

Form of Certificate of Conformity

described in Type Approval Certificate No ............................................................ ......................................................... The vehicle to which the above Type Approval Certificate relates was granted type approval in respect of the following EEC Directives.

SCHEDULE 3

Form of Type Approval Certificate for a Motor Vehicle

The undersigned hereby certifies the accuracy of the manufacturer's description in Information Document No.    of the vehicle having the chassis No.   and engine No.    , such vehicle having been submitted by the manufacturer as a prototype of model ............................................................ ...............

The checks carried out at the request of the manufacturer, ............................................................ ... show that the vehicle specified above, which has been submitted as a series prototype, satisfies all requirements in respect of each and every item in this certificate.

GIVEN under my Official Seal, this 8th day of November, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These Regulations implement in Ireland those provisions of certain EEC Directives which relate to the type approval of motor vehicles, trailers and components. The relevant Directives are listed in Schedule 1 to the Regulation.

The Regulations provide that the manufacturer of any of the products mentioned, or his representative, may make application for type approval to the Institute for Industrial Research and Standards. Where the Institute is satisfied that the product is of a type which conforms with the requirements which are applicable to it by virtue of one or more of the Directives, it shall approve the product as a type product in accordance with the provisions of the relevant Directives.

The Regulations also provide, among other things, for the conditions subject to which type approval may be issued; for the circumstances in which type approval may be cancelled or suspended; for the manner in which products which have been type approved may be identified; for the right of a manufacturer to appeal to the Minister for Industry, Commerce and Energy against any decision of the Institute in regard to type approval and for a penalty in respect of contraventions of the Regulations.

Note: The Institute is otherwise empowered to charge fees for tests and the like undertaken by it on behalf of any person--Section 38 of the Institute for Industrial Research and Standards Act, 1961 . Each applicant for type approval will therefore be liable to the Institute for the cost of work undertaken by it on the application.