The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) 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 54(1) and 61 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 Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1993 and shall come into force on 1st October 1993.

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 to regulation 4 (application of type approval requirements)

3

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

• (2) In paragraph (1), after “(2),” there shall be inserted “(2A),”.

• (3) In paragraph (2), the words “and as at its date of manufacture” shall be omitted.

• (4) After paragraph (2) as so amended, there shall be inserted the following paragraph—

(2A) In relation to a particular vehicle— (a) a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is first used; and (b) a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured; but nothing in this paragraph affects the operation of sub-paragraph (a) or (b) of paragraph (1) so far as it relates to requirements with respect to exhaust emissions from any vehicle, other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas.

• (5) In paragraph (3), the words from the beginning to “this regulation,” shall be omitted.

• (6) Paragraph (3A) shall be omitted.

• (7) In paragraph (4), there shall be inserted at the beginning the words “Save as provided in paragraph (4A),”.

• (8) After paragraph (4) as so amended, there shall be inserted the following paragraph—

(4A) The provisions of paragraph (4) do not apply in respect of items 2D and 2F in Part I of Schedule 1.

• (9) In paragraph (14) after “2E,” there shall be inserted “2F,”.

Amendments to Part I of Schedule 1

4

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

• (2) For items 2F and 2G there shall be substituted the items set out in Schedule 1 to these Regulations.

• (3) After item 2H, there shall be inserted the item shown in Schedule 2 to these Regulations.

• (4) For items 4D(4) and 4E there shall be substituted the items set out in Schedule 3 to these Regulations.

• (5) For items 6F, 6G, 6H, 6I, 6J, 6K, and 6L there shall be substituted the items set out in Schedule 4 to these Regulations.

Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)

5

• (1) Part I of Schedule 1B shall be amended as follows.

• (2) Paragraph 1 shall be renumbered paragraph 1A and before that paragraph as so renumbered there shall be inserted the following paragraph—

(1) This Part of this Schedule has effect subject to Part III of this Schedule.

• (3) In paragraph 1A as so renumbered, after “2E,” there shall be inserted “2F,”.

6

In Part II of Schedule 1B, after the entry relating to item 2E in Part I of Schedule 1, there shall be inserted the following entry—

7

In Schedule 1B, after Part II, there shall be added the provisions set out in Schedule 5 to these Regulations.

SCHEDULE 1

1

Vehicles with a reference mass (which expression shall for the purposes of this item have the same meaning as in Council Directive 91/441/EEC) exceeding 2840kg propelled by compression 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 400kg.

3

Vehicles fuelled by liquid petroleum gas.

SCHEDULE 2

1

Vehicles of category N2 with a reference mass (which expression for the purposes of this item shall have the same meaning as in Council Directive 91/441/EEC) exceeding 2840kg propelled by comprression ignition engines.

2

Vehicles with less than 4 wheels.

3

Vehicles fuelled by liquid petroleum gas.

SCHEDULE 3

SCHEDULE 4

1

Slow vehicles.

2

Vehicles with less than 4 wheels and a maximum design weight not exceeding 1,000kg.

3

Dual-purpose vehicles constructed or adapted to carry more than 2 passengers.

4

Public works vehicles.

5

Vehicles manufactured on or after 1st April 1992, having a maximum design weight of more than 16 tonnes and in respect of which the manufacturer states that the towing of a trailer (not being a semi-trailer) with a laden weight exceeding 10,000 kilograms, or a semi-trailer in respect of which the sum of the axle weights exceeds 10,000 kilograms, is technically permissible.

SCHEDULE 5 — PROVISIONS TO BE INSERTED INTO SCHEDULE 1B TO THE MOTOR VEHICLES (TYPE APPROVAL FOR GOODS VEHICLES) (GREAT BRITAIN) REGULATIONS 1982

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 Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982.

Regulation 4 of the 1982 Regulations is amended so as to make it clear that type approval requirements apply to vehicles until they are registered under the Vehicles (Excise) Act 1971.

Regulation 4 of the 1982 Regulations is also amended so that the type approval requirements for a vehicle are generally those which applied to it when it was manufactured.However, from 1st October 1993, the type approval requirements relating to exhaust emissions then in force shall apply to a vehicle (other than one with fewer than four wheels or one fuelled solely by liquid petroleum gas) regardless of the date of manufacture.

The type approval requirements relating to exhaust emissions are revised so as to:—

• (a) introduce a new alternative requirement as a result of an amendment made on 30th December 1992 to ECE Regulation 83;

• (b) introduce a new alternative requirement as a result of an amendment made on 30th December 1992 to ECE Regulation 49;

• (c) introduce the requirements of Council Directive 93/59/EEC as a mandatory standard and remove the option of complying with Council Directive 91/441/EEC or ECE Regulation 83 as amended, from 1st October 1993 for new vehicle types and from 1st October 1994 for existing types; and

• (d) defer until 1st October 1994, the compulsory application of the requirements of Council Directive 91/542/EEC or ECE Regulation 49, as amended, in relation to a limited class of vehicles.

The type approval requirements relating to brakes are revised so as to:—

• (a) introduce in relation to certain vehicles, two new alternative requirements as a result of Council Directive 93/14/EEC and an amendment made on 28th November 1990 to ECE Regulation 78;

• (b) introduce, initially as an alternative to the existing requirements, the requirements of Commission Directive 91/422/EEC, as corrected; and

• (c) replace, from 1st April 1994, the existing requirements, apart from ECE Regulation 13 as revised, corrected and amended up to 22nd November 1990, with the requirements of Commission Directive 91/422/EEC, as corrected.

The type approval requirements relating to noise are revised so as to introduce two new alternative requirements as a result of Council Directive 92/97/EEC and ECE Regulation 51, as amended up to 12th September 1991.

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; relevant amending instruments are S.I.1984/697 and 1402, 1985/46, 1986/427 and 1089, 1987/1508, 1988/1523, 1989/1579, 1991/1021 and 1970, 1992/25, 1342 and 3084.

[^f00003]: 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31).