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United Kingdom Statutory Instruments


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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 - 

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/ECdagger 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/ECdagger 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/ECdagger L44, 14.2.04, p.19

    (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/ECdagger 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, Department for Transport

22nd July 2004



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 Treasury

4th August 2004



THE SCHEDULE
Regulation 5








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.

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.


Notes:

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

[2] 1973 c. 51.back

[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.back

[4] 1990 c. 29.back

[5] S.I. 1999/2149, amended by S.I. 2003/2258.back

[6] OJ No. L42, 23.2.1970, p.1.back

[7] OJ No. L153, 30.4.2004, p.100.back



ISBN 0 11 049696 5


  © Crown copyright 2004

Prepared 24 August 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042106.html