The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002

Statutory Instruments

2002 No. 2126

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002

Made

13th August 2002

Laid before Parliament

14th August 2002

Coming into force

4th September 2002

The Secretary of State for Transport, in exercise of the powers conferred by sub-sections (1), (2) and (5) of section 41 of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with sub-section (2) of section 195 of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002 and shall come into force on 4th September 2002.

Amendment of Regulation 60

2.—(1) Regulation 60 of the Road Vehicles (Construction and Use) Regulations(2) shall be amended as follows.

(2) Paragraph (1C) shall be deleted and the following shall be substituted:

“(1C) —Subject to paragraph (1F), the requirements of Community Directive 72/245/EC(3) as amended by Community Directive 95/54/EC(4) shall be met by electrical/electronic sub-assemblies as components or separate technical units first used on or after 1 October 2002.”

(3) In Paragraph (1D), the words “EC Regulation 10 or 10.01” shall be deleted and the following shall be substituted: “ECE Regulations 10, 10.01 or 10.02”

(4) Paragraph (1F) shall be deleted and the following shall be substituted:

“(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(5) 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(6) or Part II of the Regulation of Investigatory Powers Act 2000(7).”

Amendment of Schedule 2, Table II

3.—(1) After Item 2 in column 1 of Table II in Schedule 2 shall be inserted the following:

2A	10.02		8.12.97	Radio interference suppression
2B	10.02	Amend. 1	9.7.99	Radio interference suppression
2C	10.02	Corr. 1	11.2.00	Radio interference suppression

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State

Department for Transport

13th August 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) in relation to the suppression of radio interference, by amending Regulation 60 and Schedule 2, Table II in various respects.

The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996 No. 2329) substituted paragraphs (1)-(1F) of Regulation 60 and inserted paragraph (3) as a result of the requirement to implement Commission Directive 95/54/EC. That Directive made provision for new type approval requirements with respect to the suppression of radio interference by electrical and electronic sub-assemblies. The provisions applied to vehicles and to separate components. Amendments to Economic Commission for Europe Regulation 10, covered the same subject-matter.

Regulation 2(2) re-drafts paragraph (1C) of Regulation 60 and its provisions apply solely to electrical/electronic sub-assemblies as components or separate technical units, rather than to whole vehicles. Regulation 2(4) specifies the descriptions of electrical/electronic sub-assemblies to which Regulation 60 does not apply.

Since the making of S.I. 1996 No. 2329, ECE Regulation 10 has again been amended. New type approval provisions come into force on 1 October 2002, in line with Directive 95/54/EC and Regulation 2(3) amends paragraph 1D in order to take account of this. Regulation 3 makes consequential amendments to Schedule 2 Table II of the 1986 Regulations.

Copies of the relevant EC Directives and of ECE Regulation 10.02 and all relevant Amendments and Corrigenda can be obtained from the Stationery Office.

Relevant website addresses are: http://www.legislation.hmso.gov.uk; http://europa.eu.int/eurlex/en/search_lif.html and http://www.unece.org

(1)

1988 c. 52; section 41 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

(2)

S.I. 1986/1078, relevant amending instrument is S.I. 1996 No. 2329.

(3)

O.J. No. L.152, 6.7.1972.

(4)

O.J. No. L.266, 8.11.1995.

(5)

O.J. No. L.190, 20.8.1972.

(6)

1997 c. 16.

(7)

2000 c. 23.