The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993

Made: 8th September 1993

Laid before Parliament: 10th September 1993

Coming into force: 1st October 1993

The Secretary of State for Transport, in exercise of the powers conferred by sections 41(1), (2) and (5) of the Road Traffic Act 1988[^f00001], and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Citation and Commencement

1

These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.

Preliminary

2

The Road Vehicles (Construction and Use) Regulations 1986[^f00002] shall be further amended in accordance with the following provisions of these Regulations.

Amendments to regulation 3 (interpretation)

3

In regulation 3, before paragraph (3), there shall be inserted the following paragraph—

(2A) Without prejudice to section 17 of the Interpretation Act 1978[^f00003] and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.

Amendments to regulation 61 (exhaust emissions)

4

• (1) Regulation 61 shall be amended as follows.

• (2) In paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.

• (3) In paragraph (7), after “(7A),”, there shall be inserted “(7B), (7C), (7D),”.

• (4) After paragraph (7A), there shall be inserted the following paragraphs—

(7B) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations[^f00004] applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”. (7C) In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations[^f00005] applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”. (7D) For the purposes of paragraph (7C) 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 for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both— (i) manufactured by the manufacturer of the vehicle in question; and (ii) registered under the Vehicles (Excise) Act 1971[^f00006] during the period beginning with 1st October 1992 and ending with 30th September 1993; or 50 whichever is the greater; and (b) “a relevant vehicle” is a vehicle which— (i) is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations; (ii) was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993; (iii) was in the territory of a member State at some time before 1st October 1993; (iv) was in existence on 1st October 1993; but (v) had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993.

• (5) In paragraph (11)(c), for “or 10” there shall be substituted “, 10 or 11”.

• (6) In column 4 of item 3 of Table I, sub-paragraph (b) shall be omitted.

• (7) For Table II, there shall be substituted the Table set out in the Schedule to these Regulations.

Consequential amendments

5

• (1) In Table I of Schedule 2, after item 67, there shall be inserted the following item—

• (2) In Table II of Schedule 2—

• (a) after item 21AA there shall be inserted the following item—

• (b) after item 24 there shall be inserted the following items—

THE SCHEDULE

Signed

Signed by authority of the Secretary of State for Transport

Robert Key — Parliamentary Under Secretary of State, — Department of Transport — 8th September 1993

Explanatory note

(This note is not part of the Regulations)

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

Regulation 61 of the 1986 Regulations is amended so as to introduce:

• (a) compulsory compliance with the limits on emissions from light-duty vehicles first used on or after 1st October 1994 as set by Council Directive 93/59/EEC;

• (b) provision for such vehicles first used before the 1st October 1994 and other vehicles whenever first used to comply with those limits as an alternative to existing requirements;

• (c) provision for vehicles required to comply with various Council Directives to comply with equivalent ECE Regulations as an alternative to the Directives.

Vehicles other than light-duty vehicles were required by the 1986 Regulations to comply with the requirements of Council Directive 91/542/EEC if they were first used on or after 1st October 1993. The amendments made by these Regulations postpone this requirement by one year for certain vehicles manufactured between 1st April 1991 and 1st April 1993; and for certain other vehicles manufactured between 1st April 1991 and 1st October 1993.

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

Footnotes

[^f00001]: 1988 c. 52; section 41 is amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

[^f00002]: S.I. 1986/1078; relevant amending instruments are S.I. 1990/2212, 1991/1526 and 1992/2137 and 3285.

[^f00003]: 1978 c. 30.

[^f00004]: “The Type Approval for Goods Vehicles Regulations” is defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 as meaning “The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982” (S.I. 1982/1271). Relevant amendments were made to the 1982 Regulations by S.I. 1984/697, 1985/46, 1986/427 and 1089, 1987/1508, 1988/1523, 1989/1579, 1991/1021, 1992/25, 1342 and 3084 and 1993/2200.

[^f00005]: “The Type Approval (Great Britain) Regulations” is defined in regulation 3(2) of The Road Vehicles (Construction and Use) Regulations 1986 as meaning “The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984” (S.I. 1984/981). Relevant amendments were made to the 1984 Regulations by S.I. 1984/1761, 1985/1651, 1987/1509 and 1991/1022.

[^f00006]: 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31).