Made | 4th December 2002 | ||
Coming into operation | 28th February 2003 |
(3) In paragraph (4)-
(4) In paragraph (10), for the words "regulations 59, 86, 87, 89" there shall be substituted "regulations 60, 88, 89, 91".
Amendment to regulation 6 (length)
3.
In paragraph (2)(a) of regulation 6 of the principal Regulations, for the words "paragraph 7 of Schedule 3 to the 1972 Act" there shall be substituted "section 62 of the 1994 Act".
Turning circle - articulated vehicles other than those incorporating a car transporter
4.
For regulation 16 (turning circle - articulated vehicles other than those incorporating a car transporter) of the principal Regulations there shall be substituted-
(b) an articulated vehicle having an overall length not exceeding 15.5m and of which the drawing vehicle was first used before 20th April 1999 or the trailer was first used before that date; or
(c) an articulated vehicle when an axle of the trailer is raised to aid traction.
(3) In relation to a vehicle manufactured before 20th April 1999, paragraph (1) shall have effect as if the words "both with and without all its wheels in contact with the surface of the road and" were omitted.
(4) An articulated vehicle shall be taken to comply with paragraph (1) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex I to Community Directive 97/27/EC[4], deemed to comply with paragraph 7.6.1 of that Annex.".
Amendment to regulation 20 (braking systems of certain vehicles first used on or after 1st April 1983)
5.
In paragraph (7)(d) of regulation 20 of the principal Regulations, for "the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1990" there shall be substituted "the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1992".
Amendment to regulation 43 (speed limiters fitted to goods vehicles)
6.
In paragraph (6)(f) of regulation 43 of the principal Regulations, for the words "section 5 and Schedule 2 of the Vehicles (Excise) Act 1994" there shall be substituted "section 5 of and Schedule 2 to the 1994 Act".
Amendment to regulation 44 (audible warning instruments)
7.
- (1) Regulation 44 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph (5)(e), after the word "Personal" there shall be inserted the word "Social".
(3) In paragraph (10), for the words "regulation 116" there shall be substituted "regulation 114".
Amendment to regulation 60 (sideguards)
8.
In paragraph (1)(c) of regulation 60 of the principal Regulations, for "216,000 kg" there shall be substituted "26,000 kg".
Amendments to regulation 74 (emission of smoke, vapour, gases, oily substances etc.)
9.
- (1) Regulation 74[5] of the principal Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) After paragraph (2) there shall be inserted the following paragraph-
(3) In paragraph (7)(a), after the words "agricultural vehicle" there shall be inserted "first used before 28th February 2003.".
(4) In paragraph (26), after the words "In Table II" there shall be inserted "and paragraphs (20) and (22)".
(5) In Table II-
Emission of smoke, vapour, gases, oily substances etc. - further requirements for certain motor vehicles first used on or after 28th February 2003
10.
After regulation 74 (emission of smoke, vapour, gases, oily substances etc.) of the principal Regulations there shall be inserted the following-
(4) Where-
nothing in paragraph (3) shall prevent the motor vehicle being driven to a place where the device is to be repaired or replaced.
(5) Subject to paragraph (6), if the Department has exempted any motor vehicle produced in a small series from one or more of the provisions of a Community Directive specified in item 1 of the Table in accordance with the procedure in Article 8(2)(a) of the Framework Directive then paragraphs (2) and (3) shall not apply to that motor vehicle insofar as it has been so exempted.
(6) If any motor vehicle has been exempted from one or more of the provisions of a Community Directive specified in item 1 of the Table in accordance with paragraph (5), then in the Table as it applies to that motor vehicle there shall be deemed to be substituted, for the reference to Community Directive 96/69/EC or ECE Regulation 83.04, Community Directive 98/69/EC and 1999/102/EC-
and in any such case paragraphs (2) and (3) shall apply to the motor vehicle as if they referred to the substituted Community Directives or ECE Regulations.
(7) If any motor vehicle has been exempted from one or more of the provisions of a Community Directive specified in item 1 or 2 of the Table in accordance with Schedule 8, then in the Table as it applies to that motor vehicle there shall be deemed to be substituted-
and in any such case paragraphs (2) and (3) shall apply to the motor vehicle as if they referred to the substituted Community Directives or ECE Regulations.
(8) In this regulation-
(1) | (2) | (3) |
Item | Community Directive or ECE Regulation | Amending Community Directive or ECE Regulation |
1. | 70/220/EEC | 96/69/EC or ECE Regulation 83.04 98/69/EC 1999/102/EC |
2. | 88/77/EEC or ECE Regulation 49.01 | 91/542/EEC or ECE Regulation 49.02 1999/96/EC". |
Amendments to regulation 79 (plates for goods vehicles and buses)
11.
- (1) Regulation 79 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph (5), for the words "Schedule 7" there shall be substituted "Schedule 11".
(3) In paragraph (6), for the words "Motor Vehicles (Authorised Weights) Regulations (Northern Ireland) 1999" there shall be substituted "Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999".
Amendment to regulation 88 (maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle)
12.
In paragraph (3) of regulation 88 of the principal Regulations, for the words "regulation 85(5), (6) and (7)" there shall be substituted "regulation 87(5), (6) and (7)".
Amendments to Schedule 1
13.
- (1) Table I in Schedule 1 to the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) After item 88A[6] there shall be inserted the following item-
"88B. | 96/69 | 08.10.96 | L282, 1.11.96, p. 64 | Measures to be taken against air pollution by emissions from motor vehicles | 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/491, 91/441, 93/59, 94/12 and 96/44 | ". |
(3) After item 91 there shall be inserted the following items-
"92. | 98/69 | 13.10.98 | L350, 28.12.98, p. 1 | Measures to be taken against air pollution by emissions from motor vehicles | 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/491, 91/441, 93/59, 94/12, 96/44 and 96/69 | |
93. | 1999/96 | 13.12.99 | L44, 16.2.2000, p. 1 | Measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles | 88/77 as amended by 91/542 and 96/1 | |
94. | 1999/ 102 | 15.12.99 | L334, 28.12.99, p. 43 | Measures to be taken taken against air pollution by emissions from motor vehicles | 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/491, 91/441, 93/59, 94/12, 96/44, 96/69 and 98/69 | ". |
Amendment to Schedule 1A
14.
- (1) Part II of Schedule 1A[7] to the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph 9(1), for the words "regulation 9(2) of the Approval Regulations" there shall be substituted "regulation 8(2) of the Approval Regulations".
(3) After paragraph 10 there shall be inserted the following-
Amendments to Schedule 8
15.
- (1) Schedule 8 to the principal Regulations shall be amended in accordance with paragraphs (2) to (8).
(2) In the titles in Part I, for the words "regulations 67 and 74" there shall be substituted the words "regulations 67, 74 and 74A".
(3) In paragraph 1, after sub-paragraph (4), there shall be inserted the following sub-paragraph-
if it is first used before the first anniversary of the date as is specified (as defined in regulation 74A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 74A."
(4) In paragraph 2, for sub-paragraph (2), there shall be substituted the following sub-paragraph-
(5) In paragraph 7(2)(e)(ii), after the words "on the date specified in column 3 in the item" there shall be inserted "or, in relation to item 1 or 2 of the Table in regulation 74A, on the date as is specified (as defined in regulation 74A) by the relevant Community Directive".
(6) In paragraph 9(2)(c), after the words "before the date specified in column 3 of that item" there shall be inserted "or, in relation to item 1 or 2 of the Table in regulation 74A, before the date as is specified (as defined in regulation 74A) by the relevant Community Directive".
(7) In paragraph 11, after sub-paragraph (b), there shall be inserted the following-
(8) In paragraph 12(b), after the words "before the date specified in column 3 of the item" there shall be inserted "or, in relation to item 1 or 2 of the Table in regulation 74A, before the date specified (as defined in regulation 74A) by the relevant Community Directive".
Sealed with the Official Seal of the Department of the Environment on
4th December 2002.
L.S.
Wesley Shannon
A senior officer of the Department of the Environment
A new regulation 74A is introduced applying to certain motor vehicles first used after the coming into force of these Regulations. The new regulation requires motor vehicles to comply with such design, construction and equipment requirements and limit values as apply to them by virtue of Community Directives or ECE Regulations specified in item 1 or 2 of the Table. The Table incorporates references to recent Directives 98/69/EC, 1999/96/EC and 1999/102/EC. Reference is also made to the small series exemption set out in the Framework Directive (paragraph (5)) (regulation 10).
Schedule 1 is amended so as to add items to the list of Community Directives specified (regulation 13).
Schedule 1A is amended so that regulation 74A shall not apply to motor vehicles which have been issued with an approval certificate (as defined in Schedule 1A) (regulation 14).
Consequential amendments are made to Schedule 8 (regulation 15).
The opportunity has been taken to make a number corrections to the 1999 Regulations (regulations 2, 3, 5, 6, 7, 8, 9(5)(a), 11, 12 and 14(2)).
These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.
Copies of the relevant Directives and ECE Regulations can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.
[2] S.R. 1999 No. 454; relevant amending Regulations are S.R. 2001 No. 28 and S.R. 2001 No. 173back
[3] O.J. No. L225, 10.8.92, p. 1back
[4] O.J. No. L233, 25.8.97, p. 1. "Community Directive" is defined by regulation 2(2) of, and Schedule 1 to, the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999back
[5] Regulation 74 was amended by S.R. 2001 No. 173, regulation 3back
[6] Item 88A was inserted by S.R. 2001 No. 28, regulation 7(3)back
[7] Schedule 1A was inserted by S.R. 2001 No. 173, regulation 4 and Scheduleback