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VCA Digital Portal Launch - Early October 2022 sees the launch of our new
digital self-serve portal, which will allow you to submit, manage and track the
progress of your GB Provisional Scheme Approval applications. Click here for
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Home Publications Terms and Conditions
TERMS AND CONDITIONS
This page was last updated on 30th December 2022
Contents
* Terms and Conditions
* Privacy Information
* Section 1 – General Terms and Conditions for the Supply of Services
* Section 2 – Terms and Conditions Relating to the Services Offered by the VCA
Technical Service
* Section 3 – Terms and Conditions Relating to the Services Offered by the VCA
Approval Authority
* Section 4 – Terms and Conditions for the Supply of Conformity of Production
Services
TERMS AND CONDITIONS
These terms and conditions govern the use of the services offered by VCA and by
using these services you are agreeing to these terms. You may not use the
services offered by VCA if you do not accept the terms and conditions relevant
to your application. You can accept the terms by making an application for
work.
The terms and conditions accepted by the customer when undertaking services from
VCA are dependent on the application type and the work to be undertaken by VCA.
* Section 1 applies to all customers and all applications for work with VCA.
* Section 2 applies to customers applying for approval services through the VCA
Technical Service, where testing or inspection of vehicles is involved.
* Section 3 applies to customers who are obtaining an approval from VCA through
the Type Approval Authority (TAA), whether this be in combination with the
VCA Technical Service, an external Technical Service, or as a direct
applicant.
* Section 4 applies to all customers applying for Conformity of Production
(CoP) services where a VCA Compliance Statement is held or obtained.
PRIVACY INFORMATION
The personal information you have provided in this form has been provided to
allow VCA to process your application. Details of how this data will be handled,
stored and used can be found in our “Privacy Notice”. If you are not completing
this form electronically and would like us to send you a hard copy of the
Notice, then please contact the Data Protection Manager, VCA, 1 The Eastgate
Office Centre, Eastgate Road, Bristol BS5 6XX and we will be pleased to send you
a copy.
SECTION 1 – GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
APPLICATION FOR WORK
All applications for work from customers must be made in writing on the VCA
application form, available from the publications area of VCA’s website, or
through the VCA customer portal depending on the application type. Customers new
to VCA must complete the above VCA application form, in order to establish a
customer record and financial clearance. Existing customers must complete the
VCA job number request form only. Submission of the application will be deemed
to mean agreement to these terms and conditions by the customer and that the
applicant warrants that all information on the application form is complete and
correct. Application for type approval may be made either by the manufacturer or
by a representative appointed by the manufacturer. The manufacturer must notify
VCA of such an appointment in writing.
FEES
VCA fees will be charged in accordance with VCA’s established fee schedules,
based on time charges and/or fixed rates, dependent upon the service provided.
The charging rate will be established in advance of work commencing. The fee may
be agreed as a fixed contract price in advance of work commencing but, in that
case, VCA reserves the right to amend the contract price to take into account
any additional work that was not included in the contract work specification.
PAYMENT OF FEES
Customers known to VCA will be invoiced on completion of the work (usually after
issue of the approval certificate). Customers not known to VCA will be subject
to credit checking and may be required to pay estimated fees in advance of work
commencing. Payment will be required within 30 days of invoicing. Should
invoices remain unpaid, VCA reserves the right to refuse to undertake further
work until payment is received, including payment in advance for further work.
OWNERSHIP
All approvals, reports or other documentation issued by VCA shall be regarded as
owned by VCA.
CONFIDENTIALITY
All information provided to VCA by the customer relating to an approval or other
work will be regarded by as secret processes, designs and information of a
technical nature, which necessitate a high degree of confidentiality. Both the
customer and VCA acknowledge that disclosure of that information may prejudice
the commercial interests of the customer and of VCA, such that both the customer
and VCA are obliged to maintain that confidentiality.
However, once an approval has been issued, VCA will make available approval
documentation and information, on request and without reference to the
manufacturer or his representative, to the United Kingdom Department for
Transport, other UK government Departments, the Police, Courts and other
official enforcement bodies in the United Kingdom, and to other Approval
Authorities and relevant official bodies in other countries, and to others as
required by law or any professional or regulatory obligation.
If approvals are transferred to a new manufacturer from the declared
manufacturer, VCA will require written confirmation of the transfer from a
Solicitor, Liquidator, or Official Receiver before VCA will discuss the approval
with the new manufacturer.
Where the law requires information to be disclosed to another party, the
customer is informed of information provided as permitted by law. Customer
confidentiality is achieved through:
* VCA employees and sub-contractors are required to sign a confidentiality
agreement prior to undertaking any assessment, verification or certification
activity
* Inclusion of a confidentiality clause within the contract between the VCA and
the customer
* Inclusion of a confidentiality clause within the contract between the VCA and
any sub-contractor that it employs
INSURANCE
VCA and its staff are covered by Crown Indemnity for the actions of VCA staff.
VCA and the Crown accept no liability for the actions of non-VCA staff. Where
VCA staff are required to attend or be within facilities or vehicles operated by
customer staff, the customer must provide evidence of adequate motor and public
liability insurance.
CONFLICTS OF INTEREST
If you are aware of any conflicts of interest which may affect your nominated
VCA inspector, auditor, or other employee, please raise your concern with the
quality manager complaints@vca.gov.uk within 3 days of receiving confirmation.
If no concerns are raised within 3 days, VCA will automatically consider the
plan accepted.
USE OF THE VCA NAME
The VCA logo must not be used by third parties.
The VCA name may be used in reference to Type Approval documents obtained from
VCA, for example Type Approval Certificates, Test Reports or Facility
Appraisals, and a link to the VCA website is permissible. Further information
is available on the VCA website:
https://www.vehicle-certification-agency.gov.uk/use-of-the-vca-logo/
APPLICATION IN LAW
VCA is an executive agency of the United Kingdom Department for Transport
appointed by the Secretary of State for Transport. Hence, in the context of
applicable Regulations, the Department for Transport and the Secretary of State
for Transport shall be taken to include VCA.
Fees charged by VCA are governed by The Motor Vehicles (Type Approval and
Approval Marks) (Fees) Regulations 1999 (S.I. 1999 No. 2149) as amended by The
Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations
1999 (S.I. 2003 No. 2258), and by other specific Regulations as are applicable.
If there is any conflict between these terms and those Regulations, then the
Regulations shall prevail.
These terms and conditions shall be governed by and interpreted in accordance
with English law and shall be subject to the jurisdiction of the Courts of
England and Wales.
SECTION 2 – TERMS AND CONDITIONS RELATING TO THE SERVICES OFFERED BY THE VCA
TECHNICAL SERVICE
WORST CASING AND VARIANT SELECTION
VCA will endeavor to choose the “worst case” test sample for test i.e. the
specification from a range of specifications that will exhibit the worst
performance. If the worst case meets the required performance, then the range of
specifications will be approved based on that one test. Worst casing is entirely
at VCA discretion. The worst-case agreement will be documented and will form
part of the agreement to work.
VCA will choose a variant from a range of variants for whole vehicle inspection
on which to base approval of the whole vehicle type. Variant selection is
entirely at VCA discretion. The variant selection agreement will be documented
and form part of the agreement to work.
TEST AND INSPECTION FACILITIES
Some test facilities at which VCA is required to witness or undertake tests or
inspections will be subject to a facility appraisal by VCA prior to commencement
of testing. VCA reserves the right to refuse to test or inspect at facilities
that do not meet appropriate requirements, including VCA health and safety risk
assessment requirements. Further information on facility appraisal requirements
is available from VCA. Measuring equipment used will require calibration
traceable to national or international standards in accordance with ILAC P10.
TEST WITNESSING
VCA must witness or carry out all tests and inspections for approvals or reports
that VCA is to issue. Acceptance of manufacturer or other test reports that have
not been witnessed by VCA will be considered only by prior arrangement, and
entirely at VCA discretion, in order to assist worst case decisions, where minor
changes to existing approvals are required, or where the technical standard
specifically permits unwitnessed tests.
It is required that inspectors from Accreditation bodies or Approval Authorities
can attend testing for auditing of VCA inspectors.
SUBMISSION OF MANUFACTURER INFORMATION DOCUMENTS
Manufacturer Information documents, describing the product to be approved in the
required format, must be submitted to VCA prior to test or inspection.
VCA reserves the right to refuse to proceed with the test or inspection if this
is not done. Information on the required format is available from VCA or listed
in the relevant regulations.
ALTERATIONS TO APPROVED SPECIFICATION
Once a product has been approved by VCA, the specification of that product
embodied in the approval documentation cannot be altered without re-approval by
VCA. VCA must be notified of any deviation from that specification that the
manufacturer wishes to implement and will consider whether retesting is
necessary in order to approve the deviations. If VCA is not notified, then the
deviations will not be covered by the approval.
INTERPRETATIONS AND ADVICE
VCA interpretations and advice on type approval issues will be applicable only
to approvals issued by VCA. VCA makes no commitment to VCA advice or
interpretations being applicable to approvals issued by other Type Approval
Authorities. In offering advice on draft legislation, VCA will not be liable for
the effects of subsequent changes to that draft legislation. In interpreting the
law, advice given by VCA can be seen only as VCA’s opinion. Interpretation of
the law in Great Britain is the prerogative of the Courts.
LIABILITY
If the customer fails to satisfy any VCA requirements either prior to test or
inspection such that VCA cannot proceed, or otherwise such that VCA cannot issue
the required approval, report, or other documents, then VCA will not be liable
for any costs caused to the manufacturer. The manufacturer will be liable for
VCA costs. In the case of the customer cancelling the contract, the customer
will be liable for any VCA costs incurred to date General liability falling to
VCA through any fault or error in the service provided by VCA shall be limited
to the monetary value of the contract for that service.
Dates agreed for completion of contracts are given in good faith, but VCA
accepts no liability for late delivery no matter what the cause.
SECTION 3 – TERMS AND CONDITIONS RELATING TO THE SERVICES OFFERED BY THE VCA
APPROVAL AUTHORITY
CONDITIONS RELATING TO THE ISSUE OF GB, UK(NI) AND UNITED NATIONS (UN) TYPE
APPROVALS
Type Approvals are issued by VCA under the terms of the applicable statutory
Regulations and UN Regulations (under the terms of the United Nations 1958
Agreement) referenced therein:
The Motor Vehicles (Designation of Approval Marks) Regulations 1979 as amended;
The Motor Vehicles (Type Approval) Regulations 1980 as amended;
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain)
Regulations 1982 as amended; The Motor Vehicles (Type Approval) (Great Britain)
Regulations 1984 as amended;
The Agricultural or Forestry Tractor and Tractor Components (Type Approval)
Regulations 1988 as amended; The Motor Vehicles (EC Type Approval) Regulations
1998 as amended;
The Motor Cycles Etc. (EC Type Approval) Regulations 1999 as amended;
The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Matter)
Regulations 1999 as amended;
The Road Vehicles (Approval) Regulations 2020 as amended;
The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU
Exit) Regulations 2019 as amended;
The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and
Transitional Provisions) (EU Exit) Regulations 2022
In particular (but not to the exclusion of other requirements):
1. CONDITIONS
1.1 An Approval may be withdrawn at any time and while held is subject to the
following conditions.
2. CONDITIONS FOR MOTOR VEHICLE PARTS
2.1 The holder of the approval shall put the approval mark described in the
Motor Vehicles (Designation of Approval Marks) Regulations 1979 as amended only
on Motor Vehicle Parts that:
1. have been manufactured, assembled or completed in factories under his
control and
2. conform in all material respects with the samples, which were tested before
this approval was issued.
2.2 The holder of the approval shall mark his products in the manner set out in
the relevant Regulation/Directive as given in the Motor Vehicles (Designation
of Approval Marks) Regulations 1979 as amended together with:
1. the approval number allocated by the Secretary of State for Transport.
2. his name or trademark
3. any other markings specified in the appropriate international Regulation
2.3 The holder of the approval shall be prepared at any time to satisfy
Department for Transport officials or agents of the Department, that the quality
of the part being produced and marked or intended to be by him with the approval
marking conforms in all material respects with that of the samples tested as the
International Regulation requires.
2.4 The holder of the approval undertakes to admit duly authorised officials or
agents of the Department at all reasonable times to any premises in which parts
marked or intended to be marked are being manufactured, assembled or stored and
to permit any such official or agent to inspect parts and all records relating
to them and their production processes.
2.5 The approval may be suspended or withdrawn by the Secretary of State for
Transport at any time without any particular length of notice being given and in
the event of that being done the holder will absolve the Secretary of State from
any claim for damages or compensation.
3. CONDITIONS FOR MOTOR VEHICLES
3.1 The holder of the approval shall put the approval mark described in the
Motor Vehicles (Designation of Approval Marks) Regulation 1979 as amended only
on Motor Vehicles fitted with Motor Vehicle parts which Motor Vehicles as fitted
with such parts conform with the type of Motor Vehicle approved by as on behalf
of the Secretary of State for Transport and only on Motor Vehicles that:
1. have been manufactured, assembled or completed in factories under his
control and
2. conform in all material respects with the type of Motor Vehicle, which was
tested before an approval certificate was issued.
3.2 The holder of the approval shall mark motor vehicles of the type approved.
In the matter set out in the relevant Regulation/Directive using the authorised
approval mark as given in the Motor Vehicles (Designation of Approval Marks)
Regulation 1979 as amended together with the approval number allocated by the
Secretary of State for Transport.
3.3 The holder of the approval shall mark Motor Vehicles of the type approved
in the manner set out in the relevant Regulation annexed to the United Nations
agreement of 1958 as amended using the authorised approval mark which comprises
a capital letter E followed by the number 11 within a circle together with the
approval number allocated by the Secretary of State for Transport.
3.4 The holder of the approval shall be prepared at any time to satisfy
Department for Transport officials or agents of the Department that Motor
Vehicles of the type approved which have been produced and marked or that are
intended to be marked by him conform in all material respects with the type of
vehicle approved.
3.5 The holder of the approval undertakes to admit duly authorised officials or
agents of the Department at all reasonable times to any premises in which the
Motor Vehicles of the type approved which have been or are intended to be marked
are manufactured, assembled or stored and to permit any such official or agent
to inspect the Motor Vehicles and all records relating to them and their
production processes.
3.6 The approval may be suspended or withdrawn by the Secretary of State for
Transport at any time without any particular length of notice given and in the
event of that being done the holder will absolve the Secretary of State from any
claim for damages or compensation
SUBMISSION OF MANUFACTURER DOCUMENTS
Manufacturer information documents and appropriate supporting evidence, such as
test reports, drawings or receipts of work undertaken, must be provided to VCA
at the time of application. VCA reserves the right to refuse to proceed with
work if this is not done, or the documentation is not of suitable quality, and
approvals cannot be issued without suitable documentation and evidence being
provided. Information on the required format is available from VCA or listed in
the relevant regulations.
ALTERATIONS TO APPROVED SPECIFICATION
Once a product has been approved by VCA, the specification of that product
embodied in the approval documentation cannot be altered without re-approval by
VCA. VCA must be notified of any deviation from that specification that the
manufacturer wishes to implement and will consider whether a new audit is
required or whether scope needs to be updated prior to the change. If VCA is not
notified, then the deviations will not be covered by the approval.
LIABILITY
If the customer fails to satisfy any VCA requirements such that VCA cannot
proceed, or otherwise such that VCA cannot issue the required approval, then VCA
will not be liable for any costs caused to the manufacturer. The manufacturer
will be liable for VCA costs. In the case of the customer cancelling the
contract, the customer will be liable for any VCA costs incurred to date.
General liability falling to VCA through any fault or error in the service
provided by VCA shall be limited to the monetary value of the contract for that
service. Dates agreed for completion of contracts are given in good faith, but
VCA accepts no liability for late delivery no matter what the cause.
SECTION 4 – TERMS AND CONDITIONS FOR THE SUPPLY OF CONFORMITY OF PRODUCTION
SERVICES
AUDIT WITNESSING
VCA must carry out all audits for approvals that VCA is to issue. Acceptance of
a compliance statement from another Type Approval Authority will be considered
only where is there is a legal basis to do so, and entirely at VCA discretion.
It is required that inspectors from Accreditation bodies or Approval Authorities
can attend audits for auditing of VCA auditors.
SUBMISSION OF MANUFACTURER DOCUMENTS
Manufacturer documents, such as relating to the quality management system,
control plans and other evidence, must be provided to VCA during the onsite
audit as requested, or prior to any remote audit or document review taking
place. VCA reserves the right to refuse to proceed with audit if this is not
done. Information on the required format is available from VCA or listed in the
relevant regulations.
ALTERATIONS TO APPROVED SPECIFICATION
Once a product has been approved by VCA, the specification of that product
embodied in the approval documentation cannot be altered without re-approval by
VCA. VCA must be notified of any deviation from that specification that the
manufacturer wishes to implement and will consider whether a new audit is
required or whether scope needs to be updated prior to the change. If VCA is not
notified, then the deviations will not be covered by the approval.
LIABILITY
If the customer fails to satisfy any VCA requirements either prior to inspection
such that VCA cannot proceed, or otherwise such that VCA cannot issue the
required approval, report, or other documents, then VCA will not be liable for
any costs caused to the manufacturer. The manufacturer will be liable for VCA
costs. In the case of the customer cancelling the contract, the customer will be
liable for any VCA costs incurred to date. General liability falling to VCA
through any fault or error in the service provided by VCA shall be limited to
the monetary value of the contract for that service. Dates agreed for completion
of contracts are given in good faith, but VCA accepts no liability for late
delivery no matter what the cause.
--------------------------------------------------------------------------------
PCAD-045 Revision 8
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