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time running out to apply for derogation

Time is running out to apply for derogation for end-of-series Euro 3 bikes – ie, bikes built before 1 January 2017. It is recommended any applications are made prior to 1 December.

The VCA says applications should be made as soon as possible and that applications made after 1 December 2016 are not guaranteed a response by 1 January 2017 but will be processed as quickly as possible.

Its advice is as follows:

A vehicle should not be registered until notification from VCA is received.

Applications made early can be corrected later as regards amending VIN numbers to account for vehicles subsequently sold early or delivered late.

Anyone wanting to know whether their machines are Euro 4 compliant should check the EC Certificate of Conformity, which should state in section 46 that it is “Euro 4”. If unsure, consult the manufacturer.

The rules are set out in EU Regulation 168/2013 Article 44. Subjects affected are listed in a timetable in Annex IV to that regulation.

According to the VCA website, derogations are available either on a “per market” or “per type” basis. If using the “per market” criteria, a volume of up to 10% of UK sales of motorcycles of the relevant categories in the previous 24 months. With “per type”, make a separate calculation split up by “type”. If the volume eligible is less than 100 in either case, an application can nevertheless be made for up to 100 motorcycles, either by market or by type. Sales in the preceding 24 months before the application will be taken into account, not necessarily calendar years.

Example – by market: With sales of L3 category motorcycles of 3000 in 2015 and 5000 in 2016, 10% is (300+500) 800 motorcycles.

The optimum criteria will depend on the applicant, their model mix and sales.

The applicant needs to specify which criteria they would like to use, by default VCA will apply the “per market” criteria. Clearly an applicant who opts for the “per type” criteria will have to submit more detailed data.

The vehicles must have been manufactured BEFORE the new legislation effective date. In the case of Euro 3 vehicles of categories L3e-L5e and L7e this is 1 January 2017. For categories L1e, L2e and L6e, the date is one year later.

On the subject of motorcycles sold or registered after 1 January 2017 the VCA advises: “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.”

Queries should be emailed to [email protected] or contact VCA on 0117 952 4119 or 0117 952 4197

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