An Unregistered Vehicle Will Not Be Scrapped; There is a Deadline
Official titleRegulation Amending the Regulation on Type Approval and Market Supervision and Control of Motor Vehicles and Trailers and Their Components, Systems and Separate Technical Units (AB/2018/858)
By making a significant amendment to Article 86 of the Regulation on Type Approval and Market Supervision and Control of Motor Vehicles and Trailers and Their Components, Systems and Separate Technical Units, the Ministry of Industry and Technology has established new deadlines and conditions for the sale and registration of vehicles that have lost the validity of their type approval but have not yet been registered.
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In the sale and registration of vehicles that were within the scope of a valid EU or national type approval at the time of manufacture but had not been registered or put into service before the relevant type approval lost its validity due to the mandatory application of the relevant legislation, the date of the certificate of conformity shall be taken into consideration. Complete vehicles whose certificate of conformity date precedes the mandatory application date of the legislation that caused the loss of validity of the type approval shall be sold and registered within twelve months from the aforementioned application date. Incomplete vehicles shall be sold within eighteen months from the aforementioned application date, completed within the framework of the provisions in force on the type approval date of the base vehicle, and registered within that period. If separate conditions relating to the sale and registration of Category M and N vehicles are specified in the relevant legislation, the provisions thereof concerning registration shall be taken into consideration. The dates specified in the relevant legislation for the sale and registration of Category O vehicles shall be increased by twelve months for complete vehicles and eighteen months for incomplete vehicles in accordance with this paragraph.
Details of the Regulation
With the amendment made, the third paragraph of Article 86 of the Regulation on Type Approval and Market Supervision and Control of Motor Vehicles and Trailers and Their Components, Systems and Separate Technical Units (AB/2018/858), published in the Official Gazette dated 19/4/2020 and numbered 31104, has been amended. This amendment addresses the status of vehicles that were within the scope of a valid EU or national type approval at the time of manufacture but had not been registered or put into service before losing the validity of their type approval due to the mandatory application of the relevant legislation.
Under the new provision, the date of the certificate of conformity shall be taken as the basis for the sale and registration of such vehicles. Complete vehicles whose certificate of conformity date precedes the mandatory application date of the legislation that caused the loss of validity of the type approval are required to be sold and registered within twelve months from the application date. Incomplete vehicles, on the other hand, shall be sold within eighteen months from the aforementioned application date and completed within the framework of the provisions in force on the type approval date of the base vehicle, and registered within that period.
The regulation also stipulates that the special sale and registration conditions specified in the relevant legislation for Category M and N vehicles shall be taken into consideration. For vehicles in Category O, an additional period of twelve months for complete vehicles and eighteen months for incomplete vehicles is granted in addition to the dates specified in the relevant legislation, providing further flexibility. This amendment aims to eliminate uncertainties for vehicle manufacturers, dealers and consumers and to facilitate transition processes.
Questions You Might Have
- What happens if a vehicle loses the type approval that was in force on the date it was manufactured because new legislation has been enacted, and it has not yet been registered?
- In this case, the date of the vehicle’s certificate of conformity shall be taken into consideration. If the certificate of conformity date precedes the mandatory application date of the new legislation, complete vehicles may be sold and registered within 12 months, while incomplete vehicles may be sold and registered within 18 months.
- How are the additional periods applied to a Category O trailer that has not been registered despite having lost the validity of its type approval?
- For vehicles in Category O, in addition to the periods applicable to other categories, an additional period of 12 months for complete vehicles and 18 months for incomplete vehicles is granted, allowing the sale and registration procedures to be completed.
- How will this amendment affect vehicle buyers?
- This amendment allows vehicles that may encounter problems in the registration process due to changes in legislation to remain on the market and be registered legally, thereby providing potential buyers with greater choice and assurance.
Key Terms
- Tip Onayı
- A document issued by the competent authority demonstrating that a vehicle, system, component or separate technical unit complies with the relevant technical regulations.
- Uygunluk Belgesi
- A document issued by the manufacturer confirming that a vehicle has been manufactured in conformity with an approved type.
- Tam Araç
- A vehicle that has been completed during the production process and is ready for use.
- Tamamlanmamış Araç
- A vehicle that has undergone at least one stage of the type approval procedure but has not yet been completed or finalized for registration (e.g. a chassis cab).
- M Kategorisi Araçlar
- Motor vehicles for the carriage of passengers.
- N Kategorisi Araçlar
- Motor vehicles for the carriage of goods.
- O Kategorisi Araçlar
- Trailers and semi-trailers.
Affected Sectors
- Automotive industry
- Vehicle dealers
- Vehicle manufacturers
- Consumers
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REGAS Commentary
This amendment to the regulation serves as a “lifeline” for vehicles that have lost the validity of their type approval but have not yet been registered. In particular, it enables manufacturers and dealers in the automotive sector to sell and register their remaining vehicle stocks within the legal framework despite changing legislation. For consumers, it provides the assurance that they can purchase and register vehicles whose registration was previously at risk due to a change in legislation within the additional periods specified. This is a positive development for ensuring the continuity of commercial activities in the sector and preventing consumers from being harmed.