SI 2004/2106 - The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004

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STATUTORY INSTRUMENTS 2004 No. 2106 ROAD TRAFFIC The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004 Made - - - - 4th August 2004 Laid before Parliament 24th August 2004 Coming into force - - 1st October 2004 The Secretary of State for Transport, in exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988(1), and the powers conferred by section 56(1) and (2) of the Finance Act 1973(2) with the consent of the Treasury, and of powers conferred by the Department of Transport

(Fees) Order 1988(3) and section 128 of the Finance Act 1990(4), and in relation to the exercise of the powers conferred by section 61(1) and (2) of the Road Traffic Act 1988, after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby

makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks)

(Fees) (Amendment) Regulations 2004 and shall come into force on 1st October 2004.

Preliminary

2. The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999(5) shall be amended in accordance with the following provisions of these Regulations.

Amendment to Regulation 3 (Interpretation)

3. In regulation 3(2) for the definition of “Framework Directive” there shall be substituted—

(1) 1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), section 83 and Schedule 8.

(2) 1973 c. 51.

(3) S.I. 1988/643, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant references in S.I.

1988/643 are Table II and paragraph 4 of Table III of Schedule 1. S.I. 1988/643 was amended by S.I. 1996/1961; there are other amending instruments but none is relevant.

(4) 1990 c. 29.

(5) S.I. 1999/2149, amended by S.I. 2003/2258. [DfT 13370]Document Generated: 2023-04-26

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. ““Framework Directive” means Council Directive 70/156/EEC(6) as amended by amendments up to and including those effected by Commission Directive 2004/78/EC(7);” Increase in Fees

4. In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.

TABLE Regulation Existing Fee Substituted Fee Regulation 4(1) £84 £86 Regulation 9(5) £50 £51 Regulation 10(4), (5) and (6) £35 £36 Regulation 11(1)(b) £56 £58 Regulation 13(2)(a) £115 £117 Regulation 13(2)(b) £252 £257 Regulation 13(4)(a) £112 £114 Regulation 13(4)(b) £329 £336 Amendments to Schedules 1 to 4

5. For Schedules 1 to 4 there shall be substituted the Schedules set out in the Schedule to these Regulations.

Amendments to Schedule 5

6.—(1) The Table in Part I of Schedule 5 shall be amended as follows.

(2) In item 8 (Rear view mirrors), there shall be added in the third and fourth columns after the last entry— 2003/97/EC† L25, 29.1.04, p.1

(3) In item 59 (Fuel consumption), there shall be added in the third and fourth columns after the last entry— 2004/3/EC† L49, 19.2.04, p.36

(4) In item 73 (Speed limiters), there shall be added in the third and fourth columns after the entry of the Principal Directive— 2004/11/EC† L44, 14.2.04, p.19

(6) OJ No. L42, 23.2.1970, p.1.

(7) OJ No. L153, 30.4.2004, p.100.

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(5) In item 90 (Motorcycles), there shall be added in the third and fourth columns after the last entry— 2003/77/EC* L211, 21.8.03, p.24

(6) After item 98, there shall be added as a new item in the first, second, fourth and fifth columns— 99 2003/102/EC† L321, 6.12.03, p.15 Pedestrian protection

7. In the Table in Part II of Schedule 5 there shall be added after the last entry in the third, fourth and fifth columns— 432/2004 10.3.2004 L71, 10.3.04, p.3

8.—(1) The Table in Part III of Schedule 5 shall be amended as follows.

(2) In item 14 (Seat belt anchorages), there shall be added after the last entry in the third and fourth columns—

14.06 26 Feb 04 Signed by authority of the Secretary of State David Jamieson Parliamentary Under Secretary of State, 22nd July 2004 Department for Transport We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.

John Heppell Joan Ryan Two Lords Commissioners Of Her Majesty’s 4th August 2004 Treasury 3Document Generated: 2023-04-26

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THE SCHEDULE Regulation 5 “SCHEDULE 1 Regulations 5 and 6 FEES FOR THE EXAMINATION OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS OR THE EUROPEAN REGULATIONS APPLY WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS PART 1 THE GREAT BRITAIN REGULATIONS

(1) (2) (3) Description of examination Fee No. Amount of fee (£) Examination of a vehicle with 60000 1,771 a view to the issue of a type approval certificate Examination of a vehicle 60001 1,771 with a view to the issue of a Minister’s approval certificate under section 58(1) Examination of a vehicle 60002 1,730 where there has been a valid application for a certificate by virtue of section 58(4) PART II THE GREAT BRITAIN REGULATIONS (LOW VOLUME TYPE APPROVAL)

(1) (2) (3) Description of examination Fee No. Amount of fee (£) Examination of a low volume 60010 1,769 type approval vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) Examination of a low volume 60011 616 type approval vehicle where there has been a valid application for a certificate by virtue of section 58(4) 4Document Generated: 2023-04-26

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PART III THE EUROPEAN REGULATIONS

(1) (2) (3) Description of examination Fee No. Amount of fee (£) or part of examination Receipt of application and 60020 293 planning of the examination process Examination of a vehicle 60021 1,876 Compilation and administrative checking of

documentation in relation to:

(a) each type of 60022 411 vehicle, and

(b) for each variant—

(i)where less than 5 60023 49 versions are involved

(ii)where 5 or more versions 60024 99 are involved Further compilation and administrative checking of documentation, submitted in place of original documentation, in relation to:

(a) each type of 60025 204 vehicle, and

(b) for each variant—

(i)where less than 5 60026 25 versions are involved

(ii)where 5 or more versions 60027 49 are involved 5Document Generated: 2023-04-26

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SCHEDULE 2 Regulation 5(2) and (3) FEES FOR THE EXAMINATION WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY

(1) (2) DescriptiAomnount of fee/Vehicle category of examination

(a) (b) (c) L2, L5, N1 N2 N3 2 axle 3 axle 4 axle Fee Fee Fee Fee Fee Fee Fee Fee Fee Fee No. (£) No. (£) No. (£) No. (£) No. (£) Examinat7i0o0n00 866 70001 1,586 70002 2,496 70003 2,751 70004 2,751 of a type vehicle consisting of 50 or less variants with a view to the issue of a type approval certificate Examinat7i0o0n05 866 70006 1,586 70007 3,051 70008 3,639 70009 3,639 of a type vehicle consisting of more than 50 variants with a view to the issue of a type approval certificate Examinat7i0o0n10 866 70011 1,165 70012 1,420 70013 1,453 70014 1,453 of a vehicle 6Document Generated: 2023-04-26

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(1) (2) DescriptiAomnount of fee/Vehicle category of examination

(a) (b) (c) L2, L5, N1 N2 N3 2 axle 3 axle 4 axle Fee Fee Fee Fee Fee Fee Fee Fee Fee Fee No. (£) No. (£) No. (£) No. (£) No. (£) with a view to the issue of a Minister’s approval certificate under

section 58(1) Examinat7i0o0n15 832 70016 1,131 70017 1,386 70018 1,386 70019 1,386 of a vehicle with a view to the issue of a Minister’s approval certificate under

section 58(4) SCHEDULE 3 Regulation 9(1) FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLE PARTS

(1) (2) (3) Description of document Fee No. Amount of fee (£)

(A) ECE REGULATIONS Type approval certificate 80000 36 Type approval certificate 80001 75 modifying a type approval certificate

(B) COMMUNITY INSTRUMENTS Type approval certificate 80002 36 7Document Generated: 2023-04-26

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(1) (2) (3) Description of document Fee No. Amount of fee (£) Issuing of amended pages and 80003 36 index sheet of an information package in accordance with the first indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary Issuing of an amended type 80004 75 approval certificate together with amended pages and index sheet of information package in accordance with the second indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary

(C) NATIONAL TYPE APPROVAL SCHEME Type approval certificate 80005 36 Minister’s approval certificate 80006 36 under section 58(1)

(D) DUPLICATE Duplicate type approval, 80007 47 Minister’s approval, EEC or ECE type approval certificate

(E) LETTERS OF COMPLIANCE OR NO CONCERN Acknowledgement at the 80008 36

request of the holder:

(i)that its type approved products are recognised as being tested and in conformity with the type approval standards and are suitable for use on roads in this country; or

(ii)that, notwithstanding a departure from the 8Document Generated: 2023-04-26

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(1) (2) (3) Description of document Fee No. Amount of fee (£) particulars specified in a type approval, Minister’s approval, EEC or ECE type approval certificate, or in a related information document, an application for an extension, variation or substitution of those documents is considered to be unnecessary NB Where both EEC and ECE certificates are issued concurrently in respect of the same vehicle part, the total fee for two certificates shall be one and a half times Nos 80000, 80001, 80002, 80003 or 80004 above as appropriate.

SCHEDULE 4 Regulation 9(2), (3) and (4) FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLES PART I VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS APPLY

(1) (2) (3) Description of document Fee No. Amount of fee (£)

(A) TYPE APPROVAL CERTIFICATES Type approval certificate in 80011 527 respect of a type vehicle not being issued in replacement of one or more Minister’s approval certificates Type approval certificate in 80012 78 respect of a type vehicle issued in replacement of one or more Minister’s approval certificates Duplicate type approval 80013 47 certificate

(B) MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate 80014 300 under section 58(1) when issued after a complete examination of a vehicle which 9Document Generated: 2023-04-26

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(1) (2) (3) Description of document Fee No. Amount of fee (£) is not a low volume type approval vehicle Minister’s approval 80015 0.33 certificate issued by virtue of section 58(4) in respect of a vehicle which is not a low volume type approval vehicle Duplicate Minister’s approval 80016 47 certificate for a vehicle which is not a low volume type approval vehicle

(C) LOW VOLUME MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate 80017 300 under section 58(1) when issued after a complete examination of a vehicle which is a low volume type approval vehicle Minister’s approval 80018 1.11 certificate issued by virtue of

section 58(4) in respect of a vehicle which is a low volume type approval vehicle Duplicate Minister’s approval 80019 47 certificate for a vehicle which is a low volume type approval vehicle PART II VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY

(1) (2) (3) Description of document Fee No. Amount of fee (£)

(A) TYPE APPROVAL CERTIFICATES Type approval certificate 80030 191 in respect of a type vehicle consisting of 50 or less variants Type approval certificate 80031 227 in respect of a type vehicle 10Document Generated: 2023-04-26

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(1) (2) (3) Description of document Fee No. Amount of fee (£) consisting of more than 50 variants Type approval certificate in 80032 78 respect of a type vehicle issued in replacement of one or more Minister’s approval certificates Further type approval 80033 78 certificate issued in replacement of a certificate issued under section 55(4) Duplicate type approval 80034 47 certificate

(B) MINISTER'S APPROVAL CERTIFICATES Minister’s approval certificate 80035 114 under section 58(1) when issued after a complete examination of a vehicle Minister’s approval certificate 80036 78 under section 58(1) when issued after a partial examination of a vehicle Minister’s approval 80037 0.65 certificate issued by virtue of

section 58(4) in respect of a vehicle Duplicate Minister’s approval 80038 47 certificate for a vehicle PART III VEHICLES TO WHICH THE EUROPEAN REGULATIONS APPLY

(1) (2) (3) Description of document Fee No. Amount of fee (£) Type approval certificate 80050 71 issued in accordance with article 4(1)(a) of the Framework Directive Duplicate of a type approval 80051 47 certificate which was issued in accordance with article 4(1)(a) of the Framework Directive 11Document Generated: 2023-04-26

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(1) (2) (3) Description of document Fee No. Amount of fee (£) Issue of amended pages and 80052 36 index sheet of an information package in accordance with the first indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary Issue of an amended type 80053 71” approval certificate together with amended pages and index sheet of an information package in accordance with the second indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 (“the 1999 Regulations”) which prescribe the fees payable for the examination of vehicles and vehicle parts, the examination of complete vehicles and the issue of documents in connection with the type approval (both European and National) of vehicles and vehicle parts.

Regulation 3 replaces the existing definition of “Framework Directive” in regulation 3(2) of the 1999 Regulations. The new definition encompasses the further amendments that have been made to Council Directive 70/156/EEC (on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers) by Directives 2003/97/EC (OJ No. L25, 29.1.2004, p.1), 2004/03/EC (OJ No. L49, 19.2.2004, p.36) and 2004/78/EC (OJ No. L153, 30.4.2004, p.100).

The other changes relate to the fee amounts. Regulations 4, 5 and the Schedule provide for an average increase of 2% (over the amounts set out in The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2003 (S.I. 2003/2258) in respect of the fees payable. This is with the exception of fee no. 60026 set out in part III of new Schedule 1, which remains unchanged at £25.

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Regulations 6, 7 and 8 amend Schedule 5 to the 1999 Regulations so as to take account of new or amended ECE Regulations and Community Instruments. (The terms “ECE Regulations” and “Community Instruments” are defined in regulation 3(2) of the 1999 Regulations.) A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business beyond an increase in fees in line with inflation.

Copies of the ECE Regulations and Community Instruments referred to in these Regulations may be obtained from the Stationery Office.

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