Radio interference suppressionE+W+S
60.—[F1(1) Subject to paragraphs (1B), (1D), (1E) and (2)—
(a)every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex 1 to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex 1 to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and
(b)every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.
(1A) Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and—
(a)is first used on or after 1st April 1974 and before 1st January 1996; or
(b)is first used on or after 1st January 1996 and is a “vehicle” within the meaning of the Framework Directive.
(1B) For the purposes of paragraph (1)—
(a)a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and
(b)a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.
[F2(1C) Subject to paragraph (1F), the requirements of Community Directive 72/245/EC as amended by Community Directive 95/54/EC shall be met by electrical/electronic sub-assemblies as components or separate technical units first used on or after 1 October 2002.]
(1D) Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or [F3ECE Regulations 10, 10.01 or 10.02].
(1E) Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.
[F4(1F) The requirements of paragraph (1C) shall not apply to electrical/electronic sub-assemblies of the following descriptions—
(a)replacement parts intended for use on vehicles manufactured in accordance with type approvals granted before 1 January 1996 in compliance with Community Directive 72/245/EEC or Community Directive 72/306/EEC including any subsequent extension that may have been granted to such type approvals;
(b)electrical/electronic sub-assemblies fitted to any vehicle under an authorisation having effect under Part III of the Police Act 1997 or Part II of the Regulation of Investigatory Powers Act 2000 [F5or under a warrant under Part 5 of the Investigatory Powers Act 2016].]]
(2) This regulation does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973.
[F6(3) In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.]
Textual Amendments
F1Reg. 60(1)-(1F) substituted for reg. 60(1) (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 8(2)
F2Reg. 60(1C) substituted (4.9.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002 (S.I. 2002/2126), regs. 1, 2(2)
F3Words in reg. 60(1D) substituted (4.9.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002 (S.I. 2002/2126), regs. 1, 2(3)
F4Reg. 60(1F) substituted (4.9.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002 (S.I. 2002/2126), regs. 1, 2(4)
F5Words in reg. 60(1F)(b) inserted (27.6.2018) by The Investigatory Powers (Consequential Amendments etc.) Regulations 2018 (S.I. 2018/682), reg. 1(3), Sch. 1 para. 1
F6Reg. 60(3) inserted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 8(3)
Commencement Information