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HomeNEWSadvice for industry on impending type approval laws

advice for industry on impending type approval laws

Motorcycle manufacturers and importers hoping to sell PTWs that do not comply with the Vehicle Type Approval legislation that comes into force on 1 January 2016 have eight weeks to apply for an end-of-series derogation.

BDN has succeeded in soliciting the following Guidance for Motorcycle, Scooter and Moped Retailers from the VCA, part of the Department for Transport.

VCA is the designated UK approval authority and technical service for type approval to all automotive European Community (EC) Directives and the equivalent United Nations Economic Community for Europe (ECE) regulations.

The guidance covers the new rules affecting motorcycles sold or registered after 1 January, 2016.

It reads:

This note provides guidance to help motorcycle retailers, manufacturers, importers and dealers ensure that they do not sell or register non-compliant vehicles. The term motorcycles includes mopeds and scooters. Separate guidance notes cover new requirements for power-assisted bicycles, also known as e-bikes, electrically assisted pedal cycles (EAPC), twist-and-go, or pedelecs.

New European laws affect motorcycles sold or registered after 1 January, 2016. If you import, manufacture or sell motorcycles then you need to be aware of the law, as selling a non-compliant motorcycle is an offence.

1. New standard from 1 January 2016 – Automatic Headlamp On (AHO)

In principle all motorcycles submitted to DVLA for registration on or after 1 January, 2016 are required to be designed such that the headlamp is switched on automatically when the vehicle is in use. There are two exceptions to this rule:

A – Motorcycles approved under Motorcycle Single Vehicle Approval (MSVA), which is an inspection normally carried out by the Driver and Vehicle Services Agency (DVSA), formerly VOSA.

For more information on how to apply, details of the fee and so on, see:

B – Motorcycles where the manufacturer or importer has obtained End of Series derogations from the Vehicle Certification Agency (VCA) to cover their vehicles which have European type approval but are not fitted with AHO.

1.1. What are End of Series derogations?

This is a scheme that allows vehicles which are built in compliance with a particular [soon-to-be-outdated] standard to continue being sold after a new standard has taken effect. Any vehicle manufactured before 1 October, 2015 and in Europe by 31 December, 2015 is potentially eligible for a derogation, which will allow that vehicle to be sold throughout 2016 – but no later. The manufacturer or importer should apply to the VCA as soon as possible but in any case before 1 December, 2015, giving details such as the make, model(s), type approval no(s), VINs and CoC (Certificate of Conformity)/production dates of affected vehicles.

Application forms can be obtained by email request to: [email protected]

A different set of criteria applies when the application is made after 1 December and processed after 1 January, known as the “new EoS rules”. The date restriction (built before 1 October, 2015) does not apply but instead a quota applies, of 10% of the total number of vehicles sold in the UK in the past two years by the importer or manufacturer applying for exemption. VCA will require evidence of sales.

Further information on this will be made available in due course or on request. For a given model of motorcycle, an application must be made under one set of rules – you cannot apply twice under the two sets of rules.


2. New standards from 1 January, 2017

New Emissions standards take effect from 1 January, 2017 for some categories of motorcycle. Importers, retailers and dealers should discuss with the motorcycle manufacturer to ensure that they will be supplying vehicles in line with the new emissions standard. End of series derogations will be available, in line with the “new EoS rules”: a maximum quantity equivalent to 10% of motorcycles sold by that importer or manufacturer in the UK in the previous two years.

3. Q & A

Are the motorcycles I sell fitted with AHO?

There may not be documentary evidence of the presence of AHO so the best way to find out is examine the motorcycle in question for a headlamp on/off switch, and if necessary start the engine or even ride it a short distance to check that the headlamp comes on automatically.

Where are the derogation rules set out?

The current rules are set out in The Motorcycle etc. (EC Type Approval) Regulations 1999 (Statutory Instrument No 2920) as amended, see Regulation 18A and Schedule 1A. The new rules applicable after 1 January, 2016 are in EU Regulation 168/2013.

What are the End of Series criteria under the new rules again, for decisions after 1 January, 2016?

A volume of up to 10% of sales in the previous two years combined can obtain a derogation. For example, with sales of 3000 in 2013 and 5000 in 2014, 10% is (300+500) 800 motorcycles. If the volume eligible is less than 100, an application can nevertheless be made for up to 100 motorcycles.

What is the last date to apply for derogation for vehicles built before 1 October, 2015?

To avoid a rush of applications at the last minute, VCA cannot undertake to process any application that is submitted after 1 December, 2015, under the old rules, and thus the “new EoS rules” may be applied contrary to the desire of the applicant. Therefore, manufacturers/importers are strongly advised to apply as early as is possible. There is no problem in applying for a derogation under the “old UK rules” which turns out to be unnecessary for some of the eligible vehicles if they end up being sold before the end of 2015.


I have a question about the End of series derogations process not answered above? Please email [email protected] or contact VCA on 0117 952 4119 or 0117 952 4197

What about motorcycles to be registered in Northern Ireland? The same advice applies, except that for MSVA, this will be carried out by the local Driver Vehicle Agency (DVA) rather than DVSA:


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