Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2001

Made: 11th April 2001

Coming into operation: 1st June 2001

The Department of the Environment, in exercise of the powers conferred on it by Articles 55(l), (2) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995[^f00001] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2001 and shall come into operation on 1st June 2001.

• (2) In these Regulations “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999[^f00002].

New regulation 2A

2

After regulation 2 of the principal Regulations there shall be inserted—

(2A) Schedule 1A shall have effect for the purpose of modifying these Regulations in relation to vehicles in respect of which a Department’s approval certificate has been issued by virtue of the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001[^f00003].

Amendment to regulation 74 (emissions)

3

• (1) Regulation 74 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).

• (2) In paragraph (14), after the word “description” there shall be inserted the words “and is first used before 1st June 2001”.

• (3) In paragraph (20)(b), after the word “description” there shall be inserted the words “and is first used before 1st June 2001”.

New Schedule 1A (vehicles for which a Department’s approval certificate has been issued under the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001)

4

After Schedule 1 to the principal Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of the Environment on 11th April 2001.

Sam Foster — Minister of the Environment

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”) consequentially upon the making of the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 (“the Approval Regulations”).

Regulations 2 and 4 and the Schedule insert into the 1999 Regulations a new Schedule 1A which modifies those Regulations in relation to vehicles which are the subject of a Department’s approval certificate issued under the Approval Regulations. If they comply with the relevant requirements of the Approval Regulations, such vehicles are exempt from the requirements of regulations 37 (glazing—part exemption), 38 (mirrors), 40 (speedometers), 46(2)(c)(i) (fuel tanks—part exemption), 54 (seat belt anchorage points) and 55 (seat belts—part exemption) of the 1999 Regulations. Regulation 80 (vehicle identification numbers) of the 1999 Regulations is amended so as to exempt such vehicles if they comply with specified alternative requirements.

Regulation 74 (emissions) of the 1999 Regulations is amended by—

• (a) regulation 3 and paragraph 9 of the new Schedule 1A, so that amateur-built vehicles which are the subject of a Department’s approval certificate under the Approval Regulations are exempt from the requirements of paragraph (15) (engine idling), if they comply with the exhaust emission requirements of the Approval Regulations; and

• (b) paragraph 10 of the new Schedule 1A so as to disapply paragraphs (15), (16) and (21) in respect of a vehicle to which a Department’s approval certificate has been issued, if it complies with, or is exempt from, the approval requirements relating to exhaust or smoke emissions.

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 Directive can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast, BT1 4GD.

Footnotes

[^f00001]: S.I. 1995/2994 (N.I. 18)

[^f00002]: S.R. 1999 No. 454

[^f00003]: S.R. 2001 No. 172