Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 and come into force on 26th August 2009.

Amendment of Regulations

2.The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982( 2 ) are amended in accordance with regulations 3 to 9.

General interpretation

3. —(1) Regulation 2 is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “Directive

(b) for the definition of “Directive

“ “ Directive 2005/55/EC ” means Directive 2005/55/EC of the European Parliament and of the Council of 28th September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ( 3 ) ;

“ Directive 2006/40/EC ” means Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC 4 ) ;

“ Directive 2007/46/EC ” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ( 5 ) ; ” ;

(c) after the definition of “the Plating and Testing Regulations” insert—

“ “ air-conditioning system ” has the same meaning as in Article 3(3) of Directive 2006/40/EC ; ” ;

(d) after the definition of “dual-purpose vehicle” insert—

“ “ ELR test ” has the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ; ” ;

(e) after the definition of “emissions or noise item” insert—

“ “ ESC test ” and “ ETC test ” have the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ;

“ fluorinated greenhouse gases ” has the same meaning as in Article 3(5) of Directive 2006/40/EC ; ” ;

(f) in the definition of “Framework Directive vehicle” for “Directive

(g) after the definition of “Framework Directive vehicle” insert—

“ “ global warming potential ” has the same meaning as in Article 3(8) of Directive 2006/40/EC ; ” .

(3) For paragraph (2A), substitute—

“ (2A) Subject to paragraph (2B), any reference in these Regulations to a Community instrument is a reference to that instrument as amended up to and including the date that the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 are made.

(2B) Paragraph (2A) does not apply to the reference in item 5 in Schedule 1 in relation to Council Directive 72/245/EEC . ”

(4) In paragraph (6)—

(a) in sub-paragraph (a), for “Directive

(b) in sub-paragraph (b), for “the said Annex II” substitute “Directive

Interpretation of instruments referred to in Schedule 1

4. In regulation 2A, in paragraph (a), for “Council Directive

Application of type approval requirements

5. —(1) Regulation 4 is amended as follows.

(2) In paragraph (1)(b), for paragraph (i) substitute—

“ (i) on and after 26th August 2009 or any later date specified in column (5) of Part I of Schedule 1; ” .

(3) Omit paragraphs (10) and (11).

Amendment of Part I of Schedule 1 (type approval requirements)

6. —(1) Part I of Schedule 1 is amended as follows.

(2) Omit items 2, 2A and 2B.

(3) In item 2C—

(a) in column (3), for “Directive

(b) in column (4), for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(c) in column (5), omit “1.1.2007”.

(4) After item 2C insert—

(5) Omit items 2D, 2E, 2F and 2G.

(6) In item 2H—

(a) in column (4), paragraph 2, for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(b) in column (5), omit “1.1.2007”.

(7) Omit item 2I.

(8) For items 2J and 2K, substitute—

(9) For item 3, substitute—

(10) In items 4 and 4A, in column (3), for “Directive

(11) In item 5, in column (3)—

(a) after “of vehicles” insert “as amended by Directive 9 )”; and

(b) for “Directive

(12) In item 6, in column (3), for “Directive

(13) Omit item 9.

(14) In item 9A, in column (4), for paragraphs 2 and 3 substitute—

(15) In item 12—

(a) in column (3), for “making” substitute “marking”; and

(b) in column (5), omit “4.2.2004”.

(16) After item 12 add—

Amendment of Part II of Schedule 1 (requirements referred to in Part I)

7. In Part II of Schedule 1, omit paragraphs 2 and 3.

Amendment of Part I of Schedule 2 (form of information document for a goods vehicle)

8. —(1) Part I of Schedule 2 is amended as follows.

(2) In the form of information document—

(a) in entry 6.1, delete “Engine Power/”;

(b) in entry 6.2, for “(Petrol/Diesel)” substitute “(including from air-conditioning systems), on-board diagnostic systems, diesel emissions”;

(c) in entry 6.3, for “Sound level and exhaust” substitute “Diesel smoke, smoke emissions, sound level”;

(d) in entry 6.4, for “Brakes” substitute “Braking”; and

(e) after entry 6.5 insert—

Amendment of Part II of Schedule 2 (form of information document for a vehicle part to accompany application for type approval certificate or Minister’s approval certificate)

9. In Part II of Schedule 2, in paragraph i (under the heading “Detailed specification”) for “Council Directive

Saving

10. —(1)The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall continue to apply in relation to a relevant vehicle or a relevant part as if these Regulations had not been made.

(2) For the purposes of this regulation—

(a) “ relevant vehicle ” means a vehicle—

(i) in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972( 12 ) or under section 55 or 58 of the Road Traffic Act 1988( 13 ) before the date on which these Regulations come into force; and

(ii) which is first licensed under the Vehicle Excise and Registration Act 1994( 14 ) on or after that date; and

(b) “ relevant part ” means a vehicle part—

(i) in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force; and

(ii) which is supplied on or after that date.