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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

( 1 )

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.

( 3 )

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).

( 4 )

OJ No. L61, 08.03.2005, p.25.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2007 (2007/3132)

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