The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1989

Made: 31st August 1989

Laid before Parliament: 8th September 1989

Coming into force: 1st October 1989

The Secretary of State for Transport, in exercise of the powers conferred by sections 54(1) and 61 of the Road Traffic Act 1988[^f00001], and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988, hereby makes the following Regulations:—

Citation and Commencement

1

These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1989 and shall come into force on1st October 1989.

Preliminary

2

The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982[^f00002] shall be further amended in accordance with the following provisions of these Regulations.

Amendments relating to exhaust emissions

3

At the end of regulation 4 there shall be added the following paragraph:—

(14) Schedule 1B shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in columns (5) and (6) of item 2B, and column (5) of items 2C and 2D in Schedule 1.

4

For items 2, 2A and 2B in Schedule 1 there shall be substituted the items numbered 2, 2A, 2B, 2C and 2D as set out in Schedule 1 to these Regulations.

5

A Schedule shall be inserted after Schedule 1A in accordance with the provisions of Schedule 2 to these Regulations.

Supplementary provisions

6

In Schedule 1, in column (2) of items 3, 3A and 3B, for the words “Exhaust emissions” there shall be substituted the words “Smoke emissions”.

SCHEDULE 1

1

Vehicles not propelled by spark ignition engines.

2

Vehicles with less than 4 wheels if they are constructed not to exceed a speed of 30 mph on the level under their own power or if they have an unladen weight of less than 400 kg.

3

Vehicles fuelled by liquid petroleum gas.

4

Vehicles fuelled by liquid petroleum gas.

SCHEDULE 2

SCHEDULE 1B (1) Items 2B, 2C and 2D of Schedule 1 shall have effect in relation to a vehicle as if wherever the words “see regulation 4(14) and Schedule 1B” appear in columns (5) and (6) there were substituted the date applicable in accordance with the following provisions of this Schedule. (2) In relation to an item specified in column 1 of the Table in Part II of this Schedule and a vehicle of a class specified in column 2 of the Table, the date to be substituted for each entry in column (5) of that item shall be the date shown in column 3 of the Table against a vehicle of that class. (3) (1) In relation to an item specified in column 1 of the Table in Part II of this Schedule and a vehicle of a class specified in column 2 of the Table, the date to be substituted for each entry in column (6) of that item shall be— (a) in a case where sub-paragraph (2) applies, the date shown in column 4(b) of the Table, and (b) in any other case, the date shown in column 4(a) of the Table, against a vehicle of that class. (2) This sub-paragraph applies in relation to a particular item and vehicle where— (a) there is, and was on the date shown in column 4(a) of the Table against that item, in force a type approval certificate in respect of a type vehicle and the vehicle in question conforms with the type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in that certificate, or (b) there was on that date, in force in respect of another vehicle, a Minister’s approval certificate and the vehicle in question conforms with the other vehicle as regards the relevant aspects of design, construction, equipment and marking.

Signed

Signed by authority of the Secretary of State

Robert Atkins — Parliamentary Under Secretary of State — 31st August 1989

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.

Previously only vehicles with petrol engines were subject to type approval requirements relating to the content of exhaust emissions (as opposed to the density of smoke). These Regulations substitute five new items in Schedule 1 of the 1982 Regulations for four previous items. The new items re-enact the existing requirements for vehicles with petrol engines. They also introduce new alternative requirements for vehicles with petrol engines and new requirements for vehicles with diesel engines. The Table below sets out the derivation of the new items in so far as they re-enact previous items and the instruments referred to in the items. It also identifies the requirements that are new.

The application dates for the new alternative requirements, in so far as they are not set out in the items, are determined in accordance with the new Schedule 1B which is added by regulation 5. The dates of cessation of the existing requirements and some of the new requirements, in so far as they are not set out in the items, are also determined in accordance with that Schedule.

Regulation 6 changes the name of the subject matter of items 3, 3A and 3B inSchedule 1 from “exhaust emission” to “smoke emissions”. These items relate only to vehicles with diesel engines and the change is made to avoid confusion with the exhaust emission requirements set out in items 2, 2A, 2B, 2C and 2D.

Copies of the EEC Directives and ECE Regulations (and amendments) referred to in these Regulations can be obtained from Her Majesty’s Stationery Office.

Footnotes

[^f00001]: 1988 c. 52.

[^f00002]: S.I. 1982/1271, as amended by S.I. 1984/697, 1402, 1985/46, 1986/427, 1089, 1987/1508 and 1988/1523.