Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

Compliance with Community Directives and ECE Regulations

5.—(1) For the purpose of any regulation which requires or permits a vehicle to comply with the requirements of a Community Directive or an ECE Regulation, a vehicle shall be deemed so to have complied at the date of its first use only if—

(a)one of the certificates referred to in paragraph (2) has been issued in relation to it;

(b)the marking referred to in paragraph (3) has been applied; or it was, before it was used on a road, subject to a relevant type approval requirement as specified in paragraph (4).

(2) The certificates mentioned in paragraph (1) are—

(a)a type approval certificate issued by the Department under regulation 4 of the Type Approval Regulations;

(b)a certificate of conformity issued by the manufacturer of the vehicle under regulation 7 of those Regulations; or

(c)a certificate issued under a provision of the law of any member state of the European Economic Community which corresponds to the said regulations 5 or 7,

being in each case a certificate issued by reason of the vehicle’s conforming to the requirements of the Community Directive in question.

(3) The marking mentioned in paragraph (1)(b) is a marking designated as an approval mark by regulation 4 of the Approval Marks Regulations, being in each case a mark shown in column (2) of an item in Schedule 2 to those Regulations which refers, in column (5), to the ECE Regulation in question, applied as indicated in column (4) in that item.

(4) A relevant type approval requirement is a requirement of the Northern Ireland Regulations which appear—

(a)in column 4 of Table I of Schedule 1 in the item in which the Community Directive in question appears in column 3, or

(b)in column 4 of Table II of Schedule 1 in the item in which the ECE Regulation in question appears in column 3.