Under previous EU legislation there was full harmonisation of standards and a compulsory requirement for type approval for most categories of agricultural tractors with a design speed of 25mph (40km/h).Tractors with a design speed over 25 mph (40km/h) were not subject to type approval rules.
EU Regulation 167/2013 (the Regulation) updates EU rules on the type approval of agricultural vehicles in a number of areas including:
- The extension of the requirement for type approval to fast tractors with a design speed over 25 mph from 1 January 2018.
- A requirement on member states to set up an enforcement system with penalties on manufacturers, importers and distributors who use defeat devices to circumvent the intention of the Regulation. Defeat devices include equipment that would detect when a vehicle was undergoing a regulatory test and modify the behaviour of the vehicle.
- The provision to manufacturers of the option to obtain type approval for trailers and towed equipment.
A full copy of the Regulation Directive can be found here.
Until such time as the UK has left the European Union (EU) the UK remains a full member of the EU with obligations to implement and apply EU legislation.
EU Regulations are directly applicable in member states so there is no need to introduce UK legislation to implement specific type approval requirements. There is however a requirement for domestic legislation to provide:
- The process to be followed where applicants for vehicle type approval disagree with a decision made by the UK type approval authority e.g. an appeal process if an application is rejected.
- The penalties applicable in cases of contravention of the Regulation. The Government is proposing that the maximum penalty is £50,000 per offence and for serious offences criminal sanctions with possible unlimited fines.
The Department for Transport (DfT) has drafted domestic rules to implement the Regulation in the UK and has published a consultation asking for comments on the UK implementing regulations. A copy of the consultation can be found here.
The NFU is preparing a response and we want to hear from you and gather opinions on the following:
- Do you agree that manufacturers, suppliers and distributors should face fines if they place vehicles with defeat devices on the market?
- Should the UK enhance the current EU regulation for the braking requirements of agricultural trailers above the minimum required by the EU Regulation? Should the UK introduce requirements for the fitting of side guards onto new agricultural trailers?
- What would you like to see in this area of regulation following Brexit? Should the UK continue to follow the approval scheme after Brexit?