The Government is consulting on the adoption of new EU type approval legislation, which gives authorities enhanced powers of scrutiny over manufacturers and test agencies.

The consultation period began on June 1 2020 and will run until June 26 2020.

Following the dieselgate scandal, where it was revealed that some manufacturers had installed devices that enable cars to defeat emissions testing procedures in order to provide lower tailpipe emissions, the UK and other European countries worked together to strengthen the regulatory framework.

This resulted in the introduction of the Real Driving Emissions (RDE) test.

Concurrently with these developments, new regulatory framework was developed to improve wider aspects of the functioning of the type approval system, such as market surveillance and enforcement, giving authorities enhanced powers of scrutiny over manufacturers and test agencies.

A number of important measures were adopted as Regulation (EU) 2018/858, which the Government proposes to bring into effect in the UK.

It will provide the Vehicle Certification Agency with enhanced powers of scrutiny over manufacturers and give the DVSA enhanced powers by enabling it to issue civil penalties for non-compliance with type approval regulations.

This consultation also contains a proposal that where new passenger vehicles (cars and buses) are fitted with a radio, that radio must be capable of receiving digital radio stations, in line with the European Electronic Communications Code. This is not part of the type approval system but simply applies to all new passenger vehicles placed on the market after 21 December 2020.

The (currently draft) regulations are required to ensure the UK fulfils its obligations under the EU Withdrawal Agreement to transpose EU law into domestic statute until the end of the Transition Period. This obligation will expire at the end of the Transition Period, on 31 December 2020.

To view the consultation document or respond, click here.

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