Citation and commencement

1. —(1) These Regulations may be cited as the Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006.

(2) These Regulations shall come into force for the purposes of regulations 4(5), 6(10) and 6(13) on 9th November 2006, and for all other purposes on 20th October 2006.

Interpretation

2. In these Regulations, “the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986( 2 ).

Amendment of regulation 3 of the 1986 Regulations

3. In the Table in regulation 3(2) of the 1986 Regulations, after the item “The Approval Marks Regulations”, the following item shall be inserted—

Amendment of regulation 61A

4. —(1) Regulation 61A of the 1986 Regulations, (emission of smoke, vapour, gases, oily substances etc - further requirements for certain motor vehicles first used on or after 1st January 2001) shall be amended as follows.

(2) Paragraph (7) shall be replaced with the following—

“ (7) If a vehicle has, in accordance with Schedule 7XA, been exempted from the need to comply with any provision of a Community Directive specified in item 1 or 2 in the Table (“the exempted provision”), it shall, in substitution for the exempted provision, comply with the equivalent provision (if any) that would have applied by virtue of this regulation in relation to such a vehicle immediately before the coming into force of the requirement to comply with the exempted provision; and in relation to that equivalent provision paragraphs 2 to 4 shall apply as if they referred to the Community Directive under which that equivalent provision arose. ” .

(3) Sub-paragraph (b) of paragraph (8) shall be replaced with the following—

“ (b) “date as is specified” means, in relation to any vehicle and—

(i) in relation to limit values set by a Community Directive specified in item 1 or 2 in the Table, the date specified by that Community Directive as that from which Member States are required to prohibit the registration or the entry into service of that vehicle if it does not comply with those limit values; or

(ii) in relation to emission control and monitoring systems and devices, the date specified by a Community Directive specified in item 1 or 2 in the Table as that from which Member States are required to ensure that such equipment is fitted to that vehicle,

provided that, where a Community Directive specified in item 2 in the Table re-enacts a requirement imposed by a Community Directive that had been specified in that item immediately before 9th November 2006, the date as is specified shall be the date that had been specified by that previous Directive; ” .

(4) After paragraph (8), the following sub-paragraph shall be added—

“ (9) Regulation 4(2) does not apply to any requirement imposed on a vehicle by or under this Regulation. ” .

(5) Item 2 in the Table in regulation 61A of the 1986 Regulations shall be replaced with the following—

Amendment of Schedule 2

5. In columns 1, 2, 3(a), 3(b) and 3(c) and 3(d) of Table 1 in Schedule 2 to the 1986 Regulations, the following items shall be added after item 89—

Amendment of Schedule 7XA

6. —(1) Schedule 7XA to the 1986 Regulations shall be amended as follows.

(2) Sub-paragraph (4A) of paragraph 1 shall be replaced with the following—

“ (4A) No provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 61A shall be deemed to be a design, construction or equipment requirement applying to, or to impose limit values in relation to, a vehicle by virtue of paragraphs (2) and (3) of regulation 61A, if the vehicle is—

(a) a type approval end of series vehicle,

(b) a non-type-approval end of series vehicle, or

(c) a late entry into service vehicle,

in relation to such a provision, and the vehicle is first used before the first anniversary of the date as is specified (as defined in regulation 61A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 61A. ” .

(3) In paragraph 2(2)—

(a) the words “or an item numbered 1 or 2 in the Table in regulation 61A” shall be replaced with “or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A”;

(b) the words “or, in relation to item 1 or 2 of the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive” shall be replaced with “or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive”;

(c) at the end of paragraph 2(2), the words “or in relation to item 1 or 2 of regulation 61A, the date as is specified by the relevant Community Directive” shall be replaced with “or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, the date as is specified by the relevant Community Directive”;

(d) the word “or” after paragraph (a) shall be omitted;

(e) after paragraph (b), the following shall be inserted—

“ or

(c) by virtue of regulations 12 and 13 of, and Schedule 2 to, the EC Whole Vehicle Type Approval Regulations, ” ; and

(f) after paragraph (c) (as inserted by this regulation), the words “both of which Schedules” shall be replaced with “which”.

(4) After sub-paragraph (2) of paragraph 2, the following sub-paragraph shall be inserted—

“ (2A) For the purposes of paragraph 1, a vehicle is a type-approval end of series vehicle in relation to an item in the Table in regulation 55A , or in Table II in regulation 61, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 61A, if it has been exempted from that item or provision under—

(a) the laws of a relevant State (as defined by paragraph 5(1)(c)) other than the United Kingdom, or

(b) the laws applicable in Northern Ireland,

pursuant to Article 8(2)(b) of the Framework Directive. ” .

(5) Sub-paragraph (1) of paragraph 7 shall be replaced with the following—

“ (1) For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision. ” .

(6) In sub-paragraph (2) of paragraph 7, the words from the beginning of the sub-paragraph to the word “if” shall be replaced with the following—

“ (2) A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if— ” .

(7) In paragraph 7(2)(a), after the words “nor the Type Approval for Goods Vehicles Regulations”, there shall be inserted “nor the EC Whole Vehicle Type Approval Regulations”.

(8) In paragraph 7(2)(e)(ii), the words from “or in relation to” to the end shall be replaced with “or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive, is less than the specified number, or 100, whichever is the greater.”.

(9) In paragraph 8, after the words “and a particular item”, there shall be inserted “, or provision”.

(10) Sub-paragraph (b) of paragraph 8 shall be replaced with the following—

“ (b) is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51); ” .

(11) In paragraph 9(1), after the words “and a particular item”, there shall be inserted “or provision” and for “10%” there shall be substituted “30%”.

(12) In paragraph 9(1)(a), after the words “nor the Type Approval for Goods Vehicles Regulations”, there shall be inserted “nor the EC Whole Vehicle Type Approval Regulations”.

(13) Paragraph 9(2)(a) shall be replaced with the following—

“ (a) is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51); ” .

(14) In paragraph 9(2)(c), after the words “or, in relation to”, there shall be inserted “any provision of any Community Directive specified in”.

(15) In paragraph 11(c), after the words “in relation to”, there shall be inserted “any provision of any Community Directive specified in”.

(16) In paragraph 12, after the words “in relation to an item”, there shall be inserted “or provision”.

(17) In paragraph 12(b), after the words “or, in relation to”, there shall be inserted “any provision of any Community Directive specified in”.

Amendment of the Type Approval for Goods Vehicles Regulations

7. —(1) Schedule 1C Part II (meaning of “type approval end of series vehicle”) to the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982( 4 ) shall be amended as follows.

(2) In paragraph 2(2)(e) for “50” there shall be substituted “100”.

(3) In paragraph 4(1), for “10%” there shall be substituted “30%” and for “those Regulations” there shall be substituted “these Regulations”.