The Motor Cycles Etc. (EC Type Approval) Regulations 1999

PART IIILICENSING OF VEHICLES

Grant of first licence or nil licence

16.—(1) Where a person applies on or after 30th November 1999 for a licence or nil licence under the 1994 Act for a vehicle to which these Regulations apply, and no licence or nil licence has previously been granted under that Act for that vehicle, the Secretary of State shall not grant the licence or nil licence unless–

(a)it is shown that an EC certificate of conformity has effect with respect to the vehicle, or

(b)it is shown that a Minister’s approval certificate issued under section 58(1) or (4) of the 1988 Act has effect with respect to the vehicle, or

(c)it is shown that a Department’s approval certificate issued under Article 31A(4) or (5) of the 1981 Order has effect with respect to the vehicle, or

(d)the application is made before 17th June 2003 and the vehicle belongs to the same type as a vehicle used before 17th June 1999.

(2) Where, by virtue of this regulation, the Secretary of State refuses to grant a licence or nil licence for a vehicle, he shall give notice of his decision to the applicant.

(3) For the purposes of paragraph (1), a vehicle belongs to a particular type only if it would be treated for the purposes of the Framework Directive as belonging to that type.

(4) This regulation is subject to regulations 17 and 18.

Vehicles used for the purposes of the Crown, the police and civil defence

17.  Regulation 16 shall not apply in relation to–

(a)an application by a public or local authority in respect of a vehicle intended by that authority to be used by them for the purposes of civil defence (within the meaning of the Civil Defence Act 1948(1)), or

(b)an application by a public or local authority in respect of a vehicle intended to be used for police purposes, or

(c)an application in respect of a vehicle to which sections 63, 65 and 65A of the 1988 Act or Articles 31E and 31G of the 1981 Order have become applicable after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act or Article 214 of the 1981 Order (which relate to vehicles in the service of the Crown) those sections or Articles did not apply to it.

Prototypes

18.  Regulation 16 shall not apply in relation to a vehicle of a new or improved construction, or a vehicle fitted with new or improved equipment, which–

(a)has been so constructed, or fitted with such equipment, for the purposes of tests or trials or for use as a prototype, and

(b)is not intended for general use on roads, and

(c)remains in the ownership and use of the manufacturer of the vehicle or (as the case may be) the manufacturer of the equipment.