Citation and Commencement

1. These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Amendment) Regulations 1996 and shall come into force on 1st October 1996.

Preliminary

2. The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to regulation 3 (interpretation)

3. In regulation 2(1), after the definition of "dual purpose vehicle" there shall be inserted the following definitions -

""emissions or noise item" means an item in Part I of Schedule 1 in respect of which the subject matter specified in column (2) of that Part is "exhaust emissions" or "noise and silencers;";

"Framework Directive vehicle" means a vehicle to which these Regulations apply and is a "vehicle" within the meaning of Council Directive 70/156/EEC(3) as amended by Council Directive 87/403/EEC(4), Council Directive 92/53/EEC(5) and Commission Directive 93/81;(6)".

Amendments to regulation 4

4.-(1) Regulation 4 shall be amended as follows.

(2) In paragraph (2A), there shall be inserted at the beginning the words "Subject to paragraph (4B)," and the words after sub-paragraph (b) shall be omitted."".

(3) In paragraph (4A), for the words "items" onwards there shall be substituted the words "any emissions or noise item".

(4) After paragraph (4A) there shall be inserted the following paragraph -

"(4B) No emissions or noise item shall apply to a Framework Directive vehicle on or after the date specified in column (6) of the item.".

(5) At the end of paragraph (5) there shall be added the words "; and for the purposes of this paragraph, items 5A and 5B shall be regarded as items having the same subject matter".

(6) For paragraph (14) there shall be substituted -

"(14) Schedules 1B and 1C (which treat certain emissions or noise items as if in certain circumstances specified dates were substituted for the entries in columns (5) and (6)) shall have effect.".

Amendments to Schedule 1

5.-(1) Part I of Schedule 1 shall be amended as follows.

(2) In items 1 and 1A, there shall be inserted in column (6) "1.10.1996".

(3) For item 2G, there shall be substituted -

(4) After item 2J, there shall be inserted the following items -

(5) In item 4F, in column (6), there shall be inserted the words "1.1.97, (but see regulation 4(14) and Schedule 1C)".

(6) After item 4F there shall be inserted the following item -

(7) After item 5A, there shall be inserted the following item -

Amendments to Schedule 1B

6.-(1) Schedule 1B shall be amended as follows.

(2) For paragraphs 1 and 1A in Part I, there shall be substituted -

"1. This Schedule has effect subject to Schedule 1C.

1A. Where an entry in column (5) or (6) of an item in Part I of Schedule 1 comprises the words "See regulation 4(14) and Schedule 1B" these Regulations shall have effect as if for that entry there were substituted the date determined in accordance with the following provisions of this Schedule.".

(3) In the Table in Part II -

(a)in the heading to column (1) after the words "Item in" there shall be inserted the words "Part I of"; and

(b)in items 4D(4) and 4E in column (2) for the words "All vehicles" there shall in each case be substituted "All vehicles having 4 or more wheels".

(4) In that Table in column (4)(b) -

(a)in the entry relating to item 2I in Part I of Schedule 1, for "31.12.1996" there shall be substituted "1.1.1997"; and

(b)in the entry relating to item 4E in that Part, for "30.9.1996" there shall be substituted "1.10.1996".

(5) Parts III and IV of Schedule 1B shall be omitted.

New Schedule 1C

7. After Schedule 1B there shall be inserted Schedule 1C as set out in the Schedule to these Regulations.

Regulation 7

SCHEDULESCHEDULE 1C TO THE MOTOR VEHICLES (TYPE APPROVAL FOR GOODS VEHICLES) (GREAT BRITAIN) REGULATIONS 1982

Regulation 4(14)

"SCHEDULE 1C

PART I

1.-(1) An emissions or noise item (other than item 2L) shall have effect in relation to a type approval end of series vehicle or a late entry into service vehicle as if for the entry or entries in column (6) there were substituted a reference to the first anniversary of the relevant date.

(2) For the purpose of this Schedule -

(a)"type approval end of series vehicle" and "late entry into service vehicle" have the meanings given in Parts II and III of this Schedule;

(b)"relevant date", in relation to an emissions or noise item, means the date which, ignoring this Schedule, is the date specified in column (6) of the item.

PART IIMEANING OF "TYPE APPROVAL END OF SERIES VEHICLE"

Meaning of "type approval end of series vehicle"

2.-(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to an item, if it meets the requirements of sub-paragraph (2) in relation to the item.

(2) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if -

(a)it was manufactured during the two year period ending immediately before the relevant date;

(b)no EC certificate of conformity has been issued in respect of the vehicle;

(c)before the relevant date there was in force for the vehicle a certificate of conformity or a sub-MAC; and the MAC or TAC (as the case may be) had been issued by virtue of an emissions or noise item that -

(i)then applied to the vehicle, but

(ii)ignoring this Schedule, would have ceased to apply immediately before that date under regulation 4(4B);

(d)it was in the territory of a relevant state at some time before the relevant date; and

(e)the number of relevant vehicles which were -

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the relevant date,

was less than the specified number or 50 (whichever is the greater).

(3) For the purposes of this paragraph -

(a)"MAC", in relation to a sub-MAC, means the Minister's approval certificate issued under section 58(1) of the Road Traffic Act 1988 by virtue of which the sub-MAC was issued;

(b)"sub-MAC" means a Minister's approval certificate issued under section 58(4) of the Road Traffic Act 1988;

(c)"TAC", in relation to a certificate of conformity, means the type approval certificate by virtue of which the certificate of conformity was issued.

Meaning of "relevant vehicle" for the purposes of this Part

3.-(1) For the purposes of paragraph 2(2)(e) in relation to a particular vehicle to which sub-paragraph (3) applies (in this paragraph referred to as "the vehicle in question") and a particular item, a "relevant vehicle" is a vehicle (other than the vehicle in question) in respect of which the following requirements are met.

• The requirements are that -

  (a)

  it is a vehicle to which sub-paragraph (3) applies;

  (b)

  it meets the requirements specified in paragraphs (a) to (d) of paragraph 2(2);

  (c)

  it was manufactured by the manufacturer of the vehicle in question; and

  (d)

  it had not been registered under the Vehicle Excise and Registration Act 1994(7) before the relevant date.

(2) For the purposes of paragraph 2(2)(e) in relation to a particular vehicle to which sub-paragraph (3) does not apply (in this paragraph referred to as "the vehicle in question") and a particular item, a "relevant vehicle" is a vehicle (other than the vehicle in question) in respect of which the following requirements are met.

• The requirements are that -

  (a)

  it is a vehicle to which sub-paragraph (4) applies;

  (b)

  it meets the requirements specified in paragraphs (b) to (d) of sub-paragraph (1).

(3) This sub-paragraph applies to a vehicle which is a "vehicle" within the meaning of Community Directive 88/77.

(4) This sub-paragraph applies to a vehicle which is a "vehicle" within the meaning of Community Directive 83/351 not being a vehicle to which paragraph (3) applies.

Meaning of "specified number" for the purposes of this Part

4.-(1) For the purposes of paragraph 2(2)(e), in relation to a particular vehicle (in this paragraph referred to as "the vehicle in question") and a particular item to which sub-paragraph (3) applies, "the specified number" is 10% of the total number of vehicles to which those Regulations apply that were both -

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

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the relevant date.

(2) For the purposes of paragraph 2(2)(e) in relation to a particular vehicle to which sub-paragraph (3) does not apply (in this paragraph referred to as "the vehicle in question") and a particular item, "the specified number" is 10% of the total number of vehicles to which sub-paragraph (4) applies that were both -

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

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the relevant date.

(3) This sub-paragraph applies to a vehicle which is a "vehicle" within the meaning of Community Directive 88/77.

(4) This sub-paragraph applies to a vehicle which is a "vehicle" within the meaning of Community Directive 83/351 not being a vehicle to which paragraph (3) applies.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

5.-(1) For the purposes of paragraph 2(2)(d) -

(a)at any material time before the 5th November 1993, "relevant state" means a member State;

(b)in relation to any time on or after 5th November 1993 but before 1st May 1995, "relevant state" means an EEA State other than Liechtenstein; and

(c)in relation to any time on or after 1st May 1995, "relevant state" means any EEA State: -

(2) For the purposes of this paragraph -

"EEA agreement" means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on the 17th March 1993; and

"EEA State" means a State which is a contracting party to the EEA agreement.

PART IIIMEANING OF "LATE ENTRY INTO SERVICE VEHICLE" IN PART I

Meaning of "late entry into service vehicle" in paragraph 1

6.-(1) For the purposes of paragraph 1, a vehicle is a late entry into service vehicle, in relation to an item, if -

(a)no EC certificate of conformity has been issued in respect of the vehicle;

(b)it was in the territory of a relevant state at some time before the relevant date;

(c)it was manufactured at least two years before the relevant date; and

(d)before the relevant date there was in force for the vehicle a certificate of conformity or a sub-MAC; and the MAC or TAC (as the case may be) had been issued by virtue of an emissions or noise item that -

(i)then applied to the vehicle, but

(ii)ignoring this Schedule, would have ceased to apply immediately before that date under regulation 4(4B).

(2) In this paragraph "MAC", "sub-MAC" and "TAC" have the same meanings as in paragraph 2.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

7. Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 6(1)(b) as it has effect for the purposes of paragraph 2(2)(d)."

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982.

Regulation 3 of these Regulations inserts definitions of "emissions or noise item" and "Framework Directive vehicle" into regulation 2 of the 1982 Regulations.

Regulation 4 amends the provisions relating to the applicability of type approval requirements, as contained in regulation 4 of the 1982 Regulations, in relation to emissions and noise.

Regulation 5 amends the type approval requirements set out in Schedule 1 to the 1982 Regulations in relation to exhaust emissions, noise and silencers and electro-magnetic compatibility of vehicles.

Regulation 6 makes certain changes to Schedule 1B (modification of applicable dates of type approval requirements) to the 1982 Regulations.

Regulation 7 inserts into the 1982 Regulations a new Schedule 1C which modifies the effect of those Regulations in relation to "end of series vehicles" and "late entry into service vehicles" as defined in that Schedule.

Compliance Cost Assessments in respect of directives 92/97/EEC and 95/54/EC have been prepared and copies can be obtained from the Department Transport, Zone 2/05, Great Minster House, London SW1P 4DR (Telephone 0171-271 4632). Copies have been placed in the Libraries of each House of Parliament.

Copies of the relevant Directives and ECE regulations can be obtained from Her Majesty's Stationery Office. The details are set out in the tables below.