Commencement and citation

1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1994 and shall come into force on 1st October 1994.

Preliminary

2. The Road Vehicles (Construction and Use) Regulations 1986(2) shall be amended in accordance with the following provisions of these Regulations.

Amendments to regulation 61 (exhaust emissions)

3.-(1) Regulation 61 shall be amended as follows.

(2) In paragraph (7), after "(7D)," there shall be inserted "(7E), (7F), (7G), (7H),".

(3) In paragraph (7D) (b)-

(a)after the words "is a vehicle" there shall be inserted the words "to which neither the Type Approval for Goods Vehicles Regulations(3) nor the Type Approval (Great Britain) Regulations(4) applies and"; and

(b)sub-paragraph (i) shall be omitted.

(4) After paragraph (7D), there shall be inserted the following paragraphs-

"(7E) In relation to a vehicle to which either Part IV of Schedule 1B of the Type Approval (Great Britain) Regulations or Part IV of the Type Approval for Goods Vehicles Regulations applies, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted "1st October 1995".

(7F) In relation to a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted "1st October 1995".

(7G) For the purposes of paragraph (7F) above, in relation to a vehicle ("the vehicle in question"),-

(a)"specified number" is 10 per cent. of the total number of vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies that were both-

(i)manufactured by the manufacturer of the vehicle in question; and

(ii)registered under the Vehicles (Excise) Act 1971(5) or the Vehicles Excise and Registration Act 1994(6) during the period beginning with 1st October 1993 and ending with 30th September 1994;

or 50 whichever is the greater; and

(b)a "relevant vehicle" is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations apply and which-

(i)was manufactured by the manufacturer of the vehicle in question on or after 1st August 1992 and before 1st August 1994;

(ii)was in the territory of an EEA State at some time before 1st October 1994;

(iii)was in existence on 1st October 1994; but

(iv)had not been registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 before 1st October 1994.

(7H) In paragraph (7G) above-

"EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein(7).".

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

S.I. 1993/2199 amended the 1986 Regulations by requiring certain classes of vehicle first used on or after 1st October 1994 to meet the exhaust emission requirements set by Council Directive 93/59/EEC.

S.I. 1993/2200 amended the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 (S.I. 1982/1271) and S.I. 1993/2201 amended the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981) by imposing similar requirements as type approval requirements applicable to vehicles of the relevant classes as from 1st October 1994.

Both the 1982 Regulations and the 1984 Regulations were further amended by S.I. 1994/2191 and S.I. 1994/2190 respectively so as to exempt a limited class of vehicle from compulsory compliance with the new type approval requirements until 30th September 1995.

The effect of the amendments made by these Regulations is that-

(a)vehicles which are exempt from the new compulsory type approval requirements until 1st October 1995 are also exempt from the equivalent requirements in the 1986 Regulations provided that they are first used on or before that date; and

(b)in respect of a limited class of vehicle to which neither the 1982 Regulations nor the 1984 Regulations apply, compulsory compliance with the exhaust emission requirements set by Council Directive 93/59/EEC is also postponed until 1st October 1995 provided that the vehicles are first used before that date.

A drafting change has been made to regulation 61(7D).

Copies of the EEC Directives which are relevant to these Regulations can be obtained from Her Majesty's Stationery Office. The details are set out below.