Statutory Instruments
2008 No. 2844
Road Traffic
The Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008
Made
31st October 2008
Laid before Parliament
5th November 2008
Coming into force
for the purposes of regulation 4(7)
2nd January 2013
for all other purposes
10th December 2008
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred upon him by section 2(2) of the European Communities Act 1972( 1 ).
He is a Minister designated for the purposes of that section 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( 2 ).
Citation, interpretation and commencement
1. —(1) These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008.
(2) In these Regulations, “the principal Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998( 3 ).
(3) These Regulations shall come into force for the purposes of regulation 4(7) on 2nd January 2013, and for all other purposes on 10th December 2008.
Amendment of the definition of “the Framework Directive”
2. In regulation 3(1) of the principal Regulations, for the definition of “the Framework Directive”, substitute—
“ “ the Framework Directive ” means Council Directive 70/156/EEC , dated 6th February 1970 ( 4 ) , as amended, extended, applied or modified by instruments up to Regulation (EC) No 715/2007 of the European Parliament and of the Council dated 20th June 2007 ( 5 ) ; ” .
Amendments to reflect the introduction of separate Community Regulations
3. —(1) The principal Regulations are amended as follows.
(2) In regulation 3(1), for the definition of “separate Directive”, substitute—
“ “ separate Community instrument ” means a Community instrument specified in the second column of an item in Schedule 1 as read with the Community instruments (if any) specified in the third column of that item. ” .
(3) For the note at the bottom of the table in Schedule 1, substitute “Note: The Community instruments marked with a * were made by the Commission, while those with a † were made by the European Parliament and the Council. The other instruments were made by the Council.”.
(4) In the following provisions, namely—
(a) the definition of “EC type approval” in regulation 3(1),
(b) regulations 4(6), 7 and 12(1)(b), and
(c) paragraph 1(3)(b) of Schedule 2,
for the words “separate Directive”, substitute “separate Community instrument”.
(5) In the following provisions, namely—
(a) regulation 4(10),
(b) the title of Schedule 1, and
(c) paragraph 3(3)(b) of Schedule 2,
for the words “separate Directives”, substitute “separate Community instruments”.
(6) In the following provisions, namely—
(a) regulation 5(2)(c) , and
(b) the headings of columns (2) and (3) in the table in Schedule 1,
for “Directives”, substitute “Community instruments”.
Amendment of Schedule 1 (separate Directives)
4. —(1) The table in Schedule 1 to the principal Regulations is amended as follows.
(2) In item 1 (sound levels), in the third and fourth columns, after the last entry, add—
“ 2007/34/EC* | L155, 15.6.2007, p.49 ” . |
(3) After item 2, insert the following item—
“ 2A | Regulation (EC) No 715/2007 † | L171, 29.6.2007, p.1 | Emissions/Access to information ” . |
(4) In item 20 (installation of lighting and light signalling devices), in the third and fourth columns, after the last entry, add—
“ 2007/35/EC* | L157, 19.6.2007, p.14 ” . |
(5) In item 41, in the third and fourth columns, after the last entry, add—
“ Regulation (EC) No 715/2007 † | L171, 29.6.2007, p.1 ” . |
(6) In item 61 (air-conditioning system), in the third and fourth columns, after the last entry, add—
“ Regulation (EC) No 706/2007 * | L161, 22.6.2007, p.33 ” . |
(7) Items 2, 11 and 39 are omitted, and item 2A is renumbered 2.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
31st October 2008
1972 c.68 . Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) , section 27(1)(a).
S.I. 1972/1811 ; relevant amending instruments are S.I. 1996/266 and 2000/2812 .
S.I. 1998/2051 ; relevant amending instruments are S.I. 1999/778 , 1999/2324 , 2000/869 , 2000/2730 , 2001/2809 , 2002/1835 , 2002/2743 , 2003/1019 , 2003/2428 , 2004/73 , 2004/2186 , 2005/2454 , 2006/142 , 2006/1695 , 2006/2409 , 2006/2816 , 2007/855 and 2007/3135 .
OJ No. L 42, 23.2.1970, p.1.
OJ No. L171, 29.6.2007, p.1.