Statutory Instruments
2007 No. 3132
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2007
Made
30th October 2007
Laid before Parliament
2nd November 2007
Coming into force
1st December 2007
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred upon her by section 41(1), (2) and (5)of the Road Traffic Act 1988( 1 ).
In accordance with section 195(2) of that Act, she has consulted representative organisations of those she considers likely to be affected by these Regulations.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2007, and shall come into force on 1st December 2007.
(2) In these Regulations, “the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986( 2 ).
Amendment to Regulation 61 of the 1986 Regulations
2. —(1) Regulation 61 of the 1986 Regulations shall be amended as follows.
(2) Paragraph (4)(a) shall be replaced by the following–
“ (a) if it is propelled by a compression ignition engine—
(i) in the case of an agricultural vehicle first used before 1st January 2001, with Community Directive 77/537, or
(ii) in the case of any other vehicle, either—
(aa) Community Directive 72/306 ( 3 ) , as last amended by Community Directive 2005/21 ( 4 ) , or
(bb) ECE Regulation 24.01, 24.02 or 24.03; ”
(3) In paragraph (10BB)(e), after the numeral “V” there shall be added “, VI”.
Amendment to Schedule 2 to the 1986 Regulations
3. In columns 1, 2, and 3 of Table 1 in Schedule 2 to the 1986 Regulations, the following items shall be added—
(a) after item 57B—
“ 57C | 89/491 | 17.07.89 | L238, 15.08.89 p.43 | Motor Vehicles | 72/306 ” |
(b) after item 75—
“ 75A | 97/20 | 18.04.97 | L125, 16.05.97, p.21 | The measures to be taken against the emission of pollutants from diesel engines for use in vehicles | 72/306, as amended by 89/491 ” |
(c) After item 88—
“ 88A | 2005/21 | 07.03.2005 | L61, 08.03.2005, p.25 | The measures to be taken against the emission of pollutants from diesel engines for use in vehicles | 72/306, as amended by 89/491, 97/20 ” |
Amendment to Part II of Schedule 3B to the 1986 Regulations
4. For paragraph 6 of Schedule 3B to the 1986 Regulations there shall be substituted—
“ 6. An authorised sealer shall not—
(a) seal a speed limiter fitted to a vehicle to which regulation 36A applies unless he is satisfied that the speed limiter fulfils the requirements of—
(i) paragraph (5)(b);
(ii) paragraph (6), (7) or (7A); and
(iii) paragraph (8) or (9),
of that regulation, or
(b) seal a speed limiter fitted to a vehicle to which regulation 36B applies unless he is satisfied that the speed limiter fulfils the requirements of—
(i) paragraph (7)(b);
(ii) paragraph (8) or (9); and
(iii) paragraph (10) or (11),
of that regulation. ” .
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th October 2007
Department for Transport
1988 c.52 ; section 41 was amended by the Road Traffic Act 1991 (c. 40) , Schedule 4, paragraph 50 and Schedule 8, and will also be amended from a date to be appointed by the Road Safety Act 2006, sections 18 and 56.
S.I. 1986/1078 ; relevant amending instruments are S.I. 1988/1524 , 1990/1131 , 1991/1526 , 1992/2137 , 3285 , 1993/2199 , 1995/2210 and 2000/3197 .
OJ No L190, 20.08.72, p.1. Directive 72/306/EEC was amended by Directive 89/491/EEC , OJ No. L238, 15.08.89 p.43, Directive 97/20/EC , OJ No. L125, 16.05.97, p.21, and Directive 2005/21/EC (see note (d) below).
OJ No. L61, 08.03.2005, p.25.