S.I. No. 137/1979:

EUROPEAN COMMUNITIES (AGRICULTURAL OR FORESTRY TRACTORS TYPE APPROVAL) REGULATIONS, 1979.

EUROPEAN COMMUNITIES (AGRICULTURAL OR FORESTRY TRACTORS TYPE APPROVAL) REGULATIONS, 1979.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) 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 agricultural or forestry tractors and components, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Agricultural or Forestry Tractors Type Approval) Regulations, 1979, and shall come into operation on the 30th day of April, 1979.

2. (1) In these Regulations--

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

"component", in relation to a tractor, means a part, aspect or feature which is the subject of a scheduled Directive and includes any part of the equipment of such a tractor and anything intended for the protection of a person in such a tractor, whether or not it forms part of the tractor;

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

"the Minister" means the Minister for Agriculture;

"the relevant aspects of design, construction, equipment or marking", in relation to a tractor 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;

"tractor" means an agricultural or forestry tractor in relation to which these Regulations apply;

"type approval certificate" means, in relation to a complete tractor, 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 Minister 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 tractors 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 tractor which is the subject of a scheduled Directive and to a component of such a tractor.

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

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

( a ) that the tractor 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 tractors or components of that type will conform with the information given in the information document and with the type approval requirements,

he shall approve the tractor or component as a type tractor or type component.

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

(3) Where a component is approved under this Regulation, the Minister 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 Minister shall also issue such a mark.

(4) ( a ) Where the Minister has granted a type approval under these Regulations he 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 Minister decides that the tractor or component is of a type that is not in conformity with the information in the information document or with the type approval requirements, he shall notify the applicant in writing of his decision.

(2) A notice under this Regulation shall specify the grounds for the decision and shall notify the applicant of his right under Regulation 18 to apply for a review in respect of the decision, and of the period within which such an application must be made.

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

9. A person shall not use on a component of a tractor 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. The manufacturer (or his authorised representative) of a type tractor in respect of which a type approval certificate has been issued and is in force, shall not suggest in any sales presentation or advertising that the tractor has features regarding the driver--perceived noise level which it does not in fact possess.

11. The manufacturer of a tractor approved under Regulation 5 of these Regulations shall cause it to be fitted with a roll-over protection structure which satisfies the relevant provisions of the Directive referred to at reference number 12 of Schedule 1.

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

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

( b ) requiring the manufacturer (or his representative) of the tractor or component to permit officers of the Minister to enter premises for the purposes of paragraph (a), and

( c ) requiring the manufacturer (or his representative) to notify the Minister in writing 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 tractor or component.

(2) Where the Minister 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, he may cancel the certificate or mark.

13. (1) Where the manufacturer of a tractor 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 tractor 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 Minister 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 Minister in writing of that fact, indicating the relevant date and, where appropriate, the serial number of the last such tractor manufactured by him or the component or serial number (if any) of the last such component manufactured by him.

(2) Where the Minister 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, he 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.

14. (1) Where a notice under Regulation 13 (1) (a) or 13 (1) (b) relates to a cesser of manufacture, the Minister may cancel the relevant type approval certificate.

(2) Where a notice under Regulation 13 (1) (a) or 13(1) (b) relates to an alteration of manufacture, the Minister may, by notice under Regulation 17--

( 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 tractor or component, or

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

(3) Where in the case of a type tractor the Minister issues under this Regulation a type approval certificate in substitution for a certificate that he has cancelled or amends such a certificate and where, following the cessation of production of a tractor type which had type approval the Minister does not issue a further type approval certificate, he 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 tractor produced in conformity with the certificate which was cancelled or amended together, where applicable, with the serial numbers of the first tractor produced in conformity with the substituted or amended certificate.

15. (1) Where the Minister--

( a ) is satisfied after examination of at least two tractors of a type in respect of which a type approval certificate issued by him is in force and in respect of each of which a certificate of conformity is in force, or after examination of at least two tractor components which are of a type in respect of which a type approval certificate issued by him is in force or which bear a type approval mark, that each such tractor 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 tractor or tractor component, the authority, after an examination of the kind mentioned in paragraph (a), is so satisfied,

he shall give notice of that fact to the manufacturer.

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

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

( b ) the steps that should be taken by the manufacturer to ensure that tractors or components of the type in question manufactured by him do so conform with those aspects and the period within which the Minister 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 Minister is not satisfied that all the steps so specified have been taken, he may, by notice under Regulation 17, cancel or suspend the type approval certificate.

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

16. Where after examination of a tractor in respect of which a certificate of conformity has been issued and is in force, or a tractor component purporting to conform with a type in respect of which type approval has been given, the Minister is of opinion that an alteration, which is required to be notified under Regulation 13 (1) but has not been so notified, has been made to the tractor or component, he may, by notice under Regulation 17, suspend the relevant type approval certificate or type approval mark.

17. (1) Where the Minister decides to cancel, suspend or amend a type approval certificate or type approval mark under any provision of these Regulations, he 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 component 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 under Regulation 18 to apply for a review,

( 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 Minister notifies the manufacturer in writing that he 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.

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

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

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

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

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

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

(4) An application under this Regulation shall state the grounds on which the review is sought 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 application relates to a cancellation, suspension or amendment of a type approval certificate, a copy of the certificate.

19. (1) The manufacturer of a type tractor 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 tractor in respect of which the certificate was issued and of the Community reference numbers of the Community Directives with whose requirements the tractor conformed.

(2) An officer of the Minister authorised for the purpose of these Regulations by the Minister may, or 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.

20. (1) A person who contravenes any provision or requirement of or under these Regulations (including a condition referred to in Regulation 12) 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.

(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.

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

22. The Minister may designate testing stations for the testing of tractors or components for type approval under these Regulations and the cost of such testing, as determined by a testing station so designated, shall be borne by the applicant for type approval.

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

SCHEDULE 1.

Community Directives regarding Type Approval of Agricultural or Forestry Tractors and Components.

SCHEDULE 2.

Form of Certificate of Conformity.

SCHEDULE 3.

Form of Type Approval Certificate for a Tractor.

GIVEN under my Official Seal, this 10th day of April, 1979.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

These Regulations implement those provisions of certain EEC Directives which relate to the type approval of agricultural or forestry tractors having a maximum design speed of between 6 and 25 Km/h and components of such tractors. The relevant Directives are listed in Schedule 1 to the Regulations.

The Regulations provide that the manufacturer of any of the products mentioned, or his representatives, may make application for type approval to the Minister for Agriculture. Where the Minister 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, he 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 the manufacturer to apply for a review of a decision by the Minister in regard to type approval; for a penalty in respect of contravention's of the Regulations; for the designation by the Minister of testing stations to carry out tests for type approval and for the cost of such tests to be borne by the applicant for type approval.