Statutory Instruments

2020 No. 1363

Exiting The European Union

Road Traffic

The Road Vehicles (Display of Registration Marks) (Amendment) (EU Exit) (No. 2) Regulations 2020

Made

26th November 2020

Laid before Parliament

30th November 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 23(4) and 57(1) to (3) of the Vehicle Excise and Registration Act 1994(1).

Citation and commencement

1.-(1) These Regulations may be cited as the Road Vehicles (Display of Registration Marks) (Amendment) (EU Exit) (No. 2) Regulations 2020.

(2) Subject to paragraph (3), these Regulations come into force on 1st January 2021.

(3) Regulation 4 comes into force on IP completion day(2).

Amendment of the Road Vehicles (Display of Registration Marks) Regulations 2001

2.  The Road Vehicles (Display of Registration Marks) Regulations 2001(3) are amended as follows.

3.  In regulation 10 (specifications for registration plates)-

(a) after paragraph (1) insert-

"(1A) In the case of a vehicle first registered on or after 1st September 2021 the registration plate must conform to the requirements set out in Part A1 of Schedule 2.";

(b) in paragraph (2) after "1st September 2001" insert "but before 1st September 2021";

(c) in paragraph (3)-

(i) after "paragraph (4)" insert "or (4A)"; and

(ii) before "Part 1" insert "Part A1 or";

(d) in paragraph (4) after "1st September 2001" insert "but before 1st September 2021";

(e) after paragraph (4) insert-

"(4A) Where on or after 1st September 2021 a new registration plate is fixed to a vehicle to which either paragraph (2) or paragraph (3) applies to replace a plate previously fixed thereto, the plate must conform to the requirements set out in Part A1 of Schedule 2."; and

(f) in paragraph (5) before "Part 1" insert "Part A1 or".

4.  In regulation 16 (international distinguishing signs and other material)(4), in paragraph (3), at the end insert ", provided the plate or other device was originally fixed to the vehicle, and complied with the Annex, before IP completion day".

5.  After regulation 17 (optional early use of new-specification plates and prescribed font) insert-

"Optional early compliance with Schedule 2, Part A1

17A.  A new or replacement registration plate fixed to a vehicle on or after the 1st January 2021, and before 1st September 2021, may conform to the requirements set out in Part A1 of Schedule 2.".

6.  In regulation 18 (saving for vehicles constructed before 1st January 1973), sub-paragraph (a), after "to the Act" insert "and was constructed on or before 1st January 1980".

7.  In Schedule 2 (requirements for registration plates), before Part 1, insert a new Part A1 as follows-

"PART A1 VEHICLES REGISTERED AND NEW REGISTRATION PLATES FITTED ON OR AFTER 1ST SEPTEMBER 2021 (MANDATORY SPECIFICATION)

1.  The plate must be made of retroreflecting material which, as regards its construction, colour and other qualities, complies with the requirements of-

(a) the British Standard specification for retroreflecting number plates published on 28th February 2018 under number BS AU 145e(5), or

(b) any other relevant standard or specification recognised for use in an EEA State and which, when in use, offers a performance equivalent to that offered by a plate complying with the British Standard specification,

and which in either case, is marked with the number (or such other information as is necessary to permit identification) of that standard or specification.

2.  Where the registration mark is displayed on the front of the vehicle, it must have black characters on a white background.

3.  Where the registration mark is displayed on the back of a vehicle, it must have black characters on a yellow background.

4.  Subject to the paragraphs below, other than the registration mark, no additional markings may be displayed on a registration plate.

5.  Each plate must display below the registration mark additional markings showing-

(a) the number of the British standard or other relevant standard or specification as referred to in paragraph 1;

(b) the name of the supplier or manufacturer of the parts used to assemble the registration plate; and

(c) the name and postcode of the supplying outlet of the assembled registration plate displaying the registration mark.

6.  The markings required under paragraph 5 must be-

(a) permanently marked;

(b) non-retroreflecting;

(c) of a single shade of non-retroreflecting colour; and

(d) no more than 10 millimetres in height and no less than 3 millimetres in height.

7.  The space between the bottom of the registration mark and any other markings must not be less than 7 millimetres.

8.  A border may be displayed on a registration plate where the border is-

(a) permanently marked;

(b) non-retroreflecting;

(c) of a single shade of non-retroreflecting colour without any design, pattern or texture;

(d) positioned no closer than 10 millimetres from the edge of any character of the registration mark;

(e) not positioned above any other markings; and

(f) no more than 5 millimetres in width.".

8.  In the heading to Schedule 2, Part 1, after "1st September 2001" insert "and before 1st September 2021".

Signed by authority of the Secretary of State for Transport

Rachel Maclean

Parliamentary Under Secretary of State

Department for Transport

26th November 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I 2001/561) ("the Regulations") by aligning the Regulations with the new British Standard BS AU 145e, which updates the specification for the retroreflecting material used for vehicle number plates which is mandatory from the 1st September 2021 for vehicles first registered from this date, or replacement registration plates fitted from this date. Regulation 5 inserts an early adopters provision (as new regulation 17A of the Regulations) to allow the option for vehicle owners to display a plate conforming with the new British Standard from the coming into force date of 1st January 2021 and before it becomes a mandatory requirement.

Regulations 3 and 7 makes it a mandatory requirement for new registration plates assigned to a vehicle on or after the 1st September 2021, or replacement registration plates fitted on or after this date, to meet the new British Standard, as set out in the new inserted Schedule 2, Part A1, or any other relevant standard or specification recognised for use in an EEA State that offers an equivalent level of performance. The new Part A1 also sets out the requirements for an optional border and dimensions and placement of ‘other markings' on a registration plate.

Regulation 4 removes the option in regulation 16 of the Regulations for registration plates fixed on or after IP completion day, to display a European Union symbol on a plate or device.

Regulation 6 amends regulation 18 of the Regulations to prescribe an end date of 1st January 1980 to the saving for vehicles that are exempt under paragraph 1A(1) of Schedule 2 to the Vehicle Excise and Registration Act 1994, from being treated as though they were constructed prior to the 1st January 1973, for the purpose of the Regulations.

A draft copy of the relevant parts of this instrument was notified to the EU Commission for the purposes of the Technical Standards and Regulations Directive (2015/1535/EU; OJ L 241, 17.9.2015, p.1).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument on the UK legislation website at www.legislation.gov.uk.

The ISBN number is 978 0 580 75549 1 for the British Standard BS AU 145e. Copies of the Standard can be obtained online at https://www.bsigroup.com/en-GB/ https://www.bsigroup.com/en-GB or by post from the BSI Customer Services at, 389 Chiswick High Road, London W4 4AL or from a BSI sales outlet. The Department for Transport holds a copy of the document which can be inspected upon request, by contacting the Driver and Vehicle Licensing Agency, Vehicle Policy, Strategy, Policy and Communications Directorate, C2 East, Swansea, SA6 7JL, or on 01792782124.

(1)

1994 c. 22; section 57(1) was amended by the Finance Act 1996 (c. 8) Schedule 2, paragraph 16.

(2)

"IP completion day" is defined in the Interpretation Act 1978 (c. 30), Schedule 1, by reference to the European Union (Withdrawal Agreement) Act 2020 (c. 1), section 39.

(4)

Regulation 16 was substituted by S.I. 2009/811, regulations 2 and 4.

(5)

Published by the British Standards Institution, 389 Chiswick High Road, London W4 4AL. The ISBN number is 978 0 580 75549 1. Copies may be obtained by post from BSI Customer Services, Sale Department, at the above address or from a BSI sales outlet.