Statutory Instruments
2011 No. 427
Road Traffic
The Road Vehicles (Construction and Use) (Amendment) Regulations 2011
Made
15th February 2011
Laid before Parliament
18th February 2011
Coming into force
15th March 2011
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988( 1 ).
Representative organisations have been consulted in accordance with section 195(2) of that Act.
Citation and commencement
1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2011 and come into force on 15th March 2011.
Amendment of Regulations
2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) are amended as follows.
End-of-series exemption
3. After regulation 61B, insert—
“ End-of-series exemption
61C. —(1) The emissions requirements in European Community Regulation 715/2007 ( 3 ) shall have effect for category N 1 class I end-of-series vehicles from the first anniversary of the relevant date.
(2) The emissions requirements in European Community Regulation 595/2009 ( 4 ) shall have effect for category N 2 and N 3 end-of-series vehicles from the first anniversary of the relevant date.
(3) For the purpose of this regulation, “ relevant date ” means—
(a) for category N1 class I vehicles, 1st January 2011, and
(b) for category N2 and N3 vehicles, 31st December 2013.
(4) For the purpose of paragraphs (1) and (2), a vehicle is an end-of-series vehicle if—
(a) at least three months before the relevant date, a certificate of conformity or a sub-MAC was in force for the vehicle, and the MAC or TAC (as the case may be) had been issued by virtue of an emissions requirement that—
(i) then applied to the vehicle, but
(ii) ignoring this regulation, would have ceased to apply on the relevant date; and
(b) it is in the territory of an EEA state on the relevant date.
(5) In this regulation—
“category N 1 class I” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass not exceeding 1,305 kilograms;
“category N 2 and N 3 ” have the meaning given in Annex II to Community Directive 2007/46;
“MAC” means a Minister’s approval certificate issued under section 58(1) of the 1988 Act;
“ reference mass ” has the meaning given in Article 3(3) of European Community Regulation 715/2007;
“sub-MAC” means a Minister’s approval certificate issued under section 58(4) of the 1988 Act; and
“TAC” means a type approval certificate. ”
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department of Transport
15th February 2011
1988 c.52 ; section 41 was amended by the Road Traffic Act 1991 (c.40) , section 48 and Schedule 4, paragraph 50, and section 83 and Schedule 8.
S.I. 1986/1078 ; relevant amending instruments are 2000/3197 and 2009/2196 .
Regulation (EC) No. 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles (Euro 5 and 6) and on access to vehicle repair and maintenance information (OJ No. L171, 29.6.2007, p.1).
Regulation (EC) No. 595/2009 of the European Parliament and of the Council of 18 June 2009 on type approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No. 715/2007 and Directive 2007/46/EC and repealing 80/1269/EEC and 2005/78/EC (OJ No. L188, 18.7.2009, p.1).