The Road Vehicles (Defeat Devices, Fuel Economy and Type-Approval) (Amendment) Regulations 2018

Made: 4th June 2018

Laid before Parliament: 8th June 2018

Coming into force in accordance with regulation 1

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) .

The Secretary of State for Transport is a Minister designated for the purposes of section 2(2) of that Act for the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme and in relation to measures relating to the environment.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations (and in consequential amendments made by these Regulations) to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles and to Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles to be construed as references to versions of that Directive or that Regulation as they may be amended from time to time.

PART 1 — PRELIMINARY

Citation and commencement

1

These Regulations may be cited as the Road Vehicles (Defeat Devices, Fuel Economy and Type-Approval) (Amendment) Regulations 2018 and come into force as follows—

• (a) regulation 4 apart from paragraph (b) and regulation 5 on 1st January 2019;

• (b) paragraph (b) of regulation 4 on 1st April 2020; and

• (c) the remaining regulations on 1st July 2018.

Interpretation

2

In these Regulations—

• “the 2001 Regulations” means the Passenger Car (Fuel Consumption and CO₂ Emissions Information) Regulations 2001 ;

• “the 2009 Regulations” means the Road Vehicles (Approval) Regulations 2009 ;

• “the AFV Regulations” means the Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 ;

• “the Motorcycles Regulations” means the Motorcycles (Type-Approval) Regulations 2018 ;

• “Regulation (EU) No. 2016/1628” means Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate emission limits and type-approval for internal, combustion engines for non-road mobile machinery .

Amendment of earlier regulations

3

• (1) The 2001 Regulations are amended as specified in Part 2 of these Regulations.

• (2) The 2009 Regulations are amended as specified in Parts 3 to 6 of these Regulations.

• (3) The Motorcycles Regulations are amended as specified in Part 7 of these Regulations.

• (4) The AFV Regulations are amended as specified in Part 8 of these Regulations.

PART 2 — AMENDMENTS TO THE 2001 REGULATIONS

4

In regulation 3 (interpretation) of the 2001 Regulations—

• (a) in the definition of “official fuel consumption”, for “Regulation (EC) No. 715/2007 of the European Parliament and of the Council of 20th June 2007” substitute “ Commission Regulation (EU) No. 2017/1151 ” ; and

• (b) in the definition of “official specific emissions of CO₂”, for “Regulation (EC) No. 715/2007 of the European Parliament and of the Council of 20th June 2007” substitute “ Commission Regulation (EU) No. 2017/1151 ”.

5

In Schedule 2 (requirements for the fuel economy label) for Figure 1 substitute the following—

PART 3 — AMENDMENTS TO PART 1 OF THE 2009 REGULATIONS: PRELIMINARY

6

In regulation 3 (interpretation: general)—

• (a) in the definition “Framework Directive” for “as amended by Commission Directive 2010/19/EU” substitute “ as it may be amended from time to time ”; and

• (b) in paragraph (b) of the definition of “regulatory act” for “the table in Part II” substitute “ a table in Part I or Part II ”.

7

In Schedule 2 (interpretation of requirements in regulatory Acts)—

• (a) in paragraph 1(a) for “1st September 2011” substitute “ 1st July 2018 ”; and

• (b) omit paragraphs 4, 5 (including Table 2) and 6.

PART 4 — AMENDMENTS TO PART 4 OF THE 2009 REGULATIONS: NATIONAL SMALL SERIES TYPE APPROVAL AND INDIVIDUAL APPROVAL

8

• (1) Regulation 25 (grant of national small series type approval) is amended as follows.

• (2) After paragraph (2) insert—

(2A) The approval authority may, when giving notice of its decision under paragraph (1)(c), notify the applicant manufacturer in writing that it has in making its decision waived the requirements of any of the following paragraphs of Annex II to the Framework Directive— (a) paragraph 1.1.1(c); (b) paragraph 2.1.1(h); (c) paragraph 3.1.1(d); (d) paragraph 4.1.1(e); (e) paragraph 5.1.1(f); (g) paragraph 6.1.1(f).

• (3) In paragraph (12)—

• (a) for the definition of “maximum permitted number”, substitute—

maximum permitted number” means— (a) for any type of vehicle other than one specified in sub-paragraph (b), the number shown in column (2) of Table 1 in relation to the vehicle category to which that type belongs; and (b) for a type of vehicle specified in column (1) of Table 2 which exceeds 4 metres in height the number shown in column (2) of that Table 2 in relation to the vehicle category to which that type belongs;

• (b) for the Table at the end, substitute the following Tables—

9

• (1) In Schedule 4 (technical and administrative requirements for grant of national small series type approval), Section 1 of Part 2 (requirements for vehicles of category M1) is amended as follows.

• (2) In item 2 of the table (emissions)—

• (a) for the heading “2. Emissions”, substitute “ 2. Light Duty Emissions ”;

• (b) in the first column—

• (i) in paragraph 3, for “Vehicles”, substitute “ Complete or Completed vehicles ”.

• (ii) after paragraph 3 insert—

• (c) in the third column—

• (i) in paragraph 5 for “The requirements”, substitute “ In the case of a Completed vehicle, the requirements ”;

• (ii) in paragraph 6, at the end, insert “ or aerodynamic performance ”.

• (3) In item 3 of the table (fuel tanks / rear protective devices), in the first column, at the end of paragraph 1 insert—

• (4) Omit item 11 of the table (diesel smoke).

• (5) In item 41 of the table (diesel emissions)—

• (a) for the heading “41. Diesel Emissions”, substitute the heading “ 41. Heavy Duty Emissions ”;

• (b) in the first column, after paragraph 2, insert—

• (c) in the third column, in paragraph 3, for “For vehicles with a maximum mass equal to or exceeding 2500kg” substitute “ In the case of Completed vehicles ”.

• (6) At the end of the table add the following item—

10

• (1) In Schedule 4, Section 2 of Part 2 (wheelchairs) is amended as follows.

• (2) In paragraph 4 (testing of restraint system anchorages), re-letter the sub-paragraphs (c) to (i) as sub-paragraphs (a) to (g) respectively.

• (3) In paragraph 5 (forces applied to a wheelchair), re-letter the sub-paragraphs (j) and (k) as (a) and (b) respectively.

• (4) In paragraph 7 (anchorage system performance), re-letter the sub-paragraphs (l) and (m) as (a) and (b) respectively.

11

• (1) In Schedule 4, Section 1 of Part 3 (requirements for vehicles of category N1) is amended as follows.

• (2) In item 2 of the table (emissions)—

• (a) for the heading “2. Emissions”, substitute the heading “ 2. Light Duty Emissions ”;

• (b) in the first column, at the end, add the following paragraph—

• (c) in the third column, in paragraph 4—

• (i) for “special purpose vehicle”, substitute “ completed vehicle ”; and

• (ii) at the end, add “ or aerodynamic performance ”.

• (3) In the first column of item 3 of the table (fuel tanks / rear protective devices)—

• (a) insert at the end of paragraph 2—

• (b) renumber paragraph 4 as paragraph 3.

• (4) Omit item 11 of the table (diesel smoke).

• (5) In item 41 (diesel emissions)—

• (a) for the heading “41. Diesel Emissions” substitute “ 41. Heavy Duty Emissions ”; and

• (b) in the first column, after paragraph 2, add the following paragraph—

• (6) At the end of the table, add the following item—

12

• (1) In Schedule 4, Part 4 (requirements for vehicles of categories M2, M3, N2, N3, and O) is amended as follows.

• (2) In item 2 (emissions)—

• (a) for the heading “2. Emissions” substitute “ 2. Light Duty Emissions ”;

• (b) in the first column—

• (i) in paragraph 3, for “Vehicles” substitute “ Complete or Completed vehicles ”; and

• (ii) after paragraph 3 insert—

• (c) in the third column—

• (i) omit paragraph 2;

• (ii) in paragraph 6, for “motor caravan, ambulance or hearse”, substitute “ Completed vehicle ”;

• (iii) in paragraph 7, at the end, add “ or aerodynamic performance ”.

• (3) In item 3 (fuel tanks / rear protective devices), at the end of paragraph 2, in the first column of the table, insert—

• (4) For item 8 (indirect vision), substitute—

• (5) Omit item 11 (diesel smoke).

• (6) In item 41 (diesel emissions)—

• (a) for the heading “41. Diesel Emissions” substitute “ 41. Heavy Duty Emissions ”;

• (b) in the first column, at the end insert—

• (c) in the third column—

• (i) omit paragraph 2; and

• (ii) for paragraph 6, substitute—

• (7) After item 57 (front underrun protection), insert the following items—

13

• (1) Schedule 5 (technical and administrative requirements for grant of individual approval) is amended as follows.