Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 2003 and shall come into force on 1st January 2004.

Preliminary

2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of regulation 32 (windscreens and other windows)

3. After regulation 32(11), there shall be inserted the following paragraph—

“ (11A) Paragraphs (10) and (11) have effect in relation to any tint, film or other substance or material applied to a windscreen or window as they have effect in relation to the windscreen or window itself. ”

Amendment of regulation 61 (emission of smoke, vapour, gases, oily substances etc. )

4. In regulation 61(10AB)—

(a) the word “or” immediately after sub-paragraph (b) shall be omitted;

(b) the word “or” shall be inserted immediately after sub-paragraph (c); and

(c) after sub-paragraph (c) there shall be added the following sub-paragraph—

“ (ca) a vehicle which—

(i) is not a passenger car,

(ii) is first used on or after 1st July 2002, and

(iii) has a maximum gross weight not exceeding 3,500kg. ”

Amendment of Schedule 7B (emissions from certain motor vehicles)

5. —(1) Schedule 7B shall be amended as follows.

(2) In paragraph 3—

(a) the word “or” immediately after sub-paragraph (a) shall be omitted;

(b) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“ (b) if the vehicle is not of such a description and is first used before 1st July 2002, 0.5%; or

(c) if the vehicle is not of such a description and is first used on or after 1st July 2002, 0.3%. ”

(3) In paragraph 3A—

(a) the word “or” immediately after sub-paragraph (a) shall be omitted;

(b) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“ (b) if the vehicle is not of such a description and is first used before 1st July 2002, 0.3%; or

(c) if the vehicle is not of such a description and is first used on or after 1st July 2002, 0.2%. ”

(4) For paragraph 8 there shall be substituted the following paragraph—

“ 8. —(1) This Part of this Schedule applies to a vehicle if, when subjected to a relevant test, the coefficient of absorption of the exhaust emissions from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a) if the vehicle is first used before 1st July 2008 and the engine of that vehicle is turbo-charged, 3.0 per metre;

(b) if the vehicle is first used before 1st July 2008 and the engine of that vehicle is not turbo-charged, 2.5 per metre; or

(c) if the vehicle is first used on or after 1st July 2008, 1.5 per metre.

(2) In paragraph (1) “a relevant test” means a test conducted in accordance with—

(a) point 8.2.2 of Annex II of Council Directive 96/96/ EC 3 ) as replaced by Article 1 of Commission Directive 2003/27/EC 4 ) ; or

(b) point 2.2 of Annex II of Directive 2000/30/EC of the European Parliament and the Council ( 5 ) as replaced by Article 1 of Commission Directive 2003/26/EC 6 ) . ”