HL Deb 09 November 2000 vol 618 cc1745-6

. In section 63 of the Road Traffic Act 1988 (obligatory type approval certificates, certificates of conformity and Minister's approval certificates), for subsection (5) (power to make exemptions by regulations) substitute—

"(5) The Secretary of State may make provision for securing that, subject to such restrictions and conditions as may be specified by or under the instrument by which the provision is made—

  1. (a) the use of vehicles is exempted from all or any of the preceding provisions of this section for purposes specified in the instrument or in such an area as is so specified,
  2. (b) goods vehicles are exempted from the provisions of subsection (2) above, and
  3. (c) there are issued in respect of vehicles or vehicle parts, in such circumstances as may be specified in the instrument, certificates of temporary exemption exempting the vehicles or vehicle parts from the provisions of subsection (1) above for such period as may be provided in the certificate.

(6) Subject to subsection (7) below, the power conferred by subsection (5) above is exercisable by regulations.

(7) That power is exercisable by order in relation to—

  1. (a) specified vehicles, or
  2. (b) vehicles of specified persons;
and an order under this subsection may be varied or revoked by a subsequent order of the Secretary of State."").

The noble Lord said: My Lords, this amendment has been brought forward in response to representations on type approval made by the noble Earl, Lord Attlee, at Report stage.

The current wording of the Bill gives the Secretary of State powers to exempt vehicles from type approval only through regulation. Type approval is a system that is used to harmonise vehicle safety and environmental standards, thereby reducing technical barriers to trade. It is gradually being extended to cover many more vehicle types and more vehicle components.

The amendment, which would replace Section 63(5) of the 1988 Act, gives extra flexibility by adding to the existing regulating power an order making power. This has been limited to specified vehicles and specified persons, thereby distinguishing when regulations and orders should be used. I believe that it meets the noble Earl's concern that specialised vehicles would be caught by type approval.

The added flexibility to exempt vehicles by issuing an order will help ensure that as many generic classes of vehicle as possible are included within the scope of type approval. But where specialised vehicles—for example, prototypes or vehicles which are constructed for specific purposes, such as carrying abnormal loads—could not meet all the type approval requirements, they could be exempted by order. I believe that was the objective of the noble Earl's intervention last time. I thank him for bringing the point to our attention and I trust that the amendment will meet with his approval. I beg to move.

Earl Attlee

My Lords, I am grateful to the Minister for the amendment, and for his detailed explanation. In the overall scheme of things, it is a very small change; but it is a very useful change, and I thank the Minister.

On Question, amendment agreed to.

7.30 p.m.

Lord Berkeley moved Amendment No. 25: After Clause 263, insert the following new clause—