The Road Vehicles (Registration and Licensing) Regulations 2002

Regulation 5

SCHEDULE 2 U.K. REDUCED POLLUTION CERTIFICATES AND THE REDUCED POLLUTION REQUIREMENTS

Interpretation of Schedule U.K.

1.—(1) In this Schedule—

• “authorised examiner” means—

  (a)

  a vehicle examiner appointed by the Secretary of State pursuant to section 66A of the 1988 Act M1 ;

  (b)

  a vehicle examiner appointed by the Department of the Environment for Northern Ireland pursuant to Article 74 of the Road Traffic (Northern Ireland) Order 1995 M2 ; or

  (c)

  a person authorised by the Secretary of State to conduct reduced pollution examinations;

• [F1 “diesel engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/EC;]

• “Directive 1999/96” means Directive 1999/96/EC of the European Parliament and of the Council of 13th December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and against the emission of gaseous and particulate pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC M3 ;

• [F2 “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;

• “Directive 2005/78/EC” means Commission Directive 2005/78/EC of 14th November 2005 of the European Parliament and of the Council 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 and amending Annexes I, II, III, IV and VI thereto;]

• “eligible vehicle” means a vehicle which is an eligible vehicle as defined by section 61B(4) of the 1994 Act;

• [F3 “gas engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/EC;

• “limit value” has the same meaning as in Directive 2005/55/EC;]

• [F4 “prescribed adaptation” means an adaptation of a description specified in paragraph 4(2) or 4A(b)(ii)];

• [F5 “prescribed declarations” means—

  (a)

  a declaration by the responsible person that the prescribed information is correct in relation to a particular eligible vehicle; and

  (b)

  a declaration by the person applying for the reduced pollution certificate that—

  (i)

  that same vehicle has not been modified so as to affect the gaseous emissions engine type approval; and

  (ii)

  the information provided in accordance with paragraph 3(3) is correct;]

• “prescribed fee” means the fee prescribed by paragraph 13;

• [F5 “prescribed information” means the engine type reference of the vehicle, the number of the Gaseous Emissions Engine Type Approval Certificate with which the vehicle conformed on construction and the name and address of the manufacturer or import concessionaire of the vehicle;]

• “rectification notice” has the meaning given by paragraph 9(1);

• “reduced pollution examination” means an examination of an eligible vehicle for the purpose of determining whether a reduced pollution certificate should be issued for that vehicle”;

• [F6 “registered” in relation to an eligible vehicle means registered under section 21 of the 1994 Act;]

• [F7 “Regulation (EC) 595/2009” means Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18th 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 Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC.]

• [F7 “Regulation (EU) 582/2011” means Commission Regulation (EU) No 582/2011 of 25th May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council.]

• [F5 “responsible person” means a person authorised to make a declaration on behalf of the manufacturer or import concessionaire of an eligible vehicle;]

• “vehicle identification number” has the same meaning as in regulation 67 of the Road Vehicles (Construction and Use) Regulations 1986 M4 or in regulation 80 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M5 ; and

a reference, in whatever terms, to an eligible vehicle which satisfies or does not satisfy the reduced pollution requirements is to an eligible vehicle with respect to which the reduced pollution requirements are, or are not, satisfied.

(2) For the purposes of this Schedule and of regulation 5, a reduced pollution certificate shall be deemed to be issued, and a notice or notification shall be deemed to be given, by an authorised examiner if it is signed by that examiner or on behalf of that examiner by a person authorised by him to sign it on his behalf.

Textual Amendments

F1 Words in Sch. 2 para. 1(1) inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 3(a)

F2 Words in Sch. 2 para. 1(1) inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 3(b)

F3 Words in Sch. 2 para. 1(1) inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 3(c)

F4 Words in Sch. 2 para. 1(1) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 3(d)

F5 Words in Sch. 2 para. 1 inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 3

F6 Words in Sch. 2 para. 1(1) inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 3

F7 Words in Sch. 2 para. 1 inserted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 3

Marginal Citations

M1 Section 66A was inserted by the Road Traffic Act 1991 (c. 40) section 9(1) and was amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) Schedule 7, paragraph 11.

M2 S.I. 1995/2994 (N.I. 18).

M3 OJ No. L 044, 16.2.00, page 1.

M4 S.I. 1986/2102, to which there are amendments not relevant to these Regulations.

M5 S.R. 1999/454, to which there are amendments not relevant to these Regulations.

[F8 Specified cases U.K.

1A.— (1) Where in a particular case the Secretary of State so specifies, the determination of whether to issue a reduced pollution certificate upon an application in respect of an eligible vehicle shall only be made after a reduced pollution examination.

(2) A case which is specified under sub-paragraph (1) is referred to in this Schedule as a “specified case”.]

Textual Amendments

F8 Sch. 2 para. 1A inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 4

Applications for reduced pollution certificates U.K.

2.—(1) An application for a reduced pollution certificate shall be made to the Secretary of State [F9 and shall be accompanied by the prescribed fee, the information specified in paragraph 3(3) and, except in a specified case, the prescribed information and the prescribed declarations] .

(2) [F10 In a specified case or where the applicant requests that a reduced pollution examination is carried out,] The Secretary of State shall fix the time when and the place where a reduced pollution examination is to be carried out and shall inform the applicant accordingly.

(3) The Secretary of State may by notice to the applicant alter the time or place fixed for the examination, but shall not alter the time to an earlier time without the consent of the applicant.

Textual Amendments

F9 Words in Sch. 2 para. 2(1) inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 5(a)

F10 Words in Sch. 2 para. 2(2) inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 5(b)

Reduced pollution examinations U.K.

3.—(1) A reduced pollution examination shall be carried out by an authorised examiner.

(2) An authorised examiner may refuse to examine an eligible vehicle if—

(a) the vehicle is not presented at the time and place appointed for the examination;

(b) the prescribed fee has not been paid;

(c) the information specified in sub-paragraph (3) has not been provided;

[F11 (cc) a reduced pollution certificate has previously been issued in respect of the vehicle and the last such certificate issued is not surrendered;]

(d) the person presenting the vehicle is not willing, to the extent necessary for the purpose of properly carrying out the examination,—

(i) to give the examiner access to the engine and the fuel and exhaust systems,

(ii) to operate the controls of the vehicle, or

(iii) generally to co-operate with the examiner;

(e) the vehicle is in so dangerous or dirty a condition that the examination cannot be carried out properly;

(f) the vehicle has insufficient fuel or oil in it for the examination to be carried out; or

(g) the vehicle’s engine has failed electrically or mechanically.

(3) The information referred to in sub-paragraph (2)(c) is—

(a) the name and address (including post code) of the applicant;

(b) the registration mark of the vehicle (if the vehicle has been registered);

(c) the make and model of the vehicle;

(d) the vehicle identification number of the vehicle;

(e) the date of manufacture of the vehicle; and

(f) particulars of [F12 any prescribed adaptation] made to the vehicle, whereby it is claimed that the vehicle satisfies the reduced pollution requirements.

Textual Amendments

F11 Sch. 2 para. 3(2)(cc) inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 4(a)

F12 Words in Sch. 2 para. 3(3)(f) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 4(b)

The reduced pollution requirements U.K.

[F13 3A.— (1) An eligible vehicle satisfies the reduced pollution requirements for the purposes of the 1994 Act at any time—

(a) if paragraph 4 or 4A applies to it; or

(b) on or before 31st December 2016 if paragraph 4C applies to it; or

(c) on or after 1st January 2017 if—

(i) paragraph 4C applies to it; and

(ii) a vehicle licence taken out for that vehicle on or before 1st December 2016 is still in force.]

Textual Amendments

F13 Sch. 2 para. 3A substituted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 4

F14 ... U.K.

4.— [F15 (1) This paragraph applies to an eligible vehicle where, as a result of an adaptation of a description specified in paragraph (2) having been made to it after 17th March 1998, it satisfies the reduced pollution requirements in accordance with sub-paragraph (3) or (4).]

(2) [F16 The adaptation referred to in sub-paragraph (1) is—]

(a) the fitting of a new engine to an eligible vehicle; or

(b) the fitting to the engine of an eligible vehicle of a device, for which there is in force a certificate of conformity issued by the manufacturer of the vehicle under section 57 of the 1988 Act M6 on the basis that the device complies with approval requirements prescribed for the purpose of these Regulations by the Secretary of State in regulations made by him under section 54 of that Act.

(3) An eligible vehicle—

[F17 (za) which is registered before 1st October 2006;]

(a) for which a reduced pollution certificate was not in force on 4th January 2001; and

(b) which at the time that it was [F18 registered] was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 1 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

TABLE I

(1)	(2)	(3)
Item	Instrument setting the standard to which the eligible vehicle was [F19 registered]	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC M7	0.16
2	Directive 91/542/EEC M8 (limits A)	0.16
3	Directive 91/542/EEC (limits B)	0.03
4	Directive 1999/96 Annex I, paragraph 6.2.1, Table 1 Row A and Table 2 Row A	0.03

(4) An eligible vehicle—

[F20 (za) which is registered before 1st October 2006;]

(a) for which a reduced pollution certificate was in force on 4th January 2001; and

(b) which at the time that it was [F21 registered] was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 2 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

TABLE 2

(1)	(2)	(3)
Item	Instrument setting the standard to which the eligible vehicle was [F22 registered]	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC	0.16
2	Directive 91/542/EEC (limits A)	0.16
3	Directive 91/542/EEC (limits B)	0.08
4	European Commission Proposal Com (97) 627 for a European and Council Directive amending Council Directive 88/77 M9	0.04

(5) An eligible vehicle which was [F23 registered] before 1st April 1991 shall be taken—

(a) if it is a vehicle such as is referred to in paragraph (3), to be a vehicle to which item 1 of Table 1 applies; or

(b) if it is a vehicle such as is referred to in paragraph (4), to be a vehicle to which item 1 of Table 2 applies.

F24 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 2 para. 4(1) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 6(b)

F16 Words in Sch. 2 para. 4(2) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 6(c)

F17 Sch. 2 para. 4(3)(za) inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(a)(i)

F18 Word in Sch. 2 para. 4(3)(b) substituted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(a)(ii)

F19 Word in Sch. 2 para. 4(3) substituted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(a)(iii)

F20 Sch. 2 para. 4(4)(za) inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(b)(i)

F21 Word in Sch. 2 para. 4(4)(b) substituted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(b)(ii)

F22 Word in Sch. 2 para. 4(4) substituted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(b)(iii)

F23 Word in Sch. 2 para. 4(5) substituted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(c)

F24 Sch. 2 para. 4(6) omitted (1.10.2006) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 4(d)

Marginal Citations

M6 Section 57 was amended by S.I. 1992/3107.

M7 OJ No. L36, 9.2.88, page 3.

M8 OJ No. L295, 25.10.91, page 1.

M9 OJ No. 98C 173/1, 8.6.98, page 18.

[F25 4A.   This paragraph applies to an eligible vehicle which—

(a) is registered before 1st October 2009; and

(b) complies with the requirements of paragraph 4B as a result of—

(i) its design, construction or equipment as manufactured; or

(ii) an adaptation made to the vehicle after 30^th September 2006 which—

(aa) affects the durability or in-service conformity of the engine control system,

(bb) affects or introduces an on-board diagnostic system,

(cc) affects or introduces a sensor for the detection of oxides of nitrogen, or

(dd) otherwise concerns the system for controlling or managing the emissions of the vehicle.

Textual Amendments

F25 Sch. 2 paras. 4A, 4B inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 7

4B.   The requirements of this paragraph, in relation to an eligible vehicle, are that—

(a) the vehicle complies with the limit values in section 6.2.1 of Annex I to Directive 2005/55/EC in accordance with that Directive and as set out—

(i) in the case of a vehicle propelled by a diesel engine, in row B2 of table 1 and row B2 of table 2 of the Directive; and

(ii) in the case of a vehicle propelled by a gas engine, in row B2 of table 2 of the Directive;

(b) an on-board diagnostic system as described in Article 4(2) of Directive 2005/55/EC is fitted to the vehicle in accordance with the requirements of Annex IV to Directive 2005/78/EC; and

(c) the vehicle meets the requirements of section 6.5 of Annex 1 to Directive 2005/55/EC.]

Textual Amendments

F25 Sch. 2 paras. 4A, 4B inserted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 7

[F26 4C.   This paragraph applies to an eligible vehicle which—

(a) is registered on or before 31st December 2013; and

(b) complies with the requirements of paragraph 4D as a result of—

(i) its design, construction or equipment as manufactured; or

(ii) an adaptation made to the vehicle after 1st January 2012.

Textual Amendments

F26 Sch. 2 paras. 4C, 4D inserted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 5

4D.   The requirements of this paragraph, in relation to an eligible vehicle, are that—

(a) the vehicle complies with the emission limit values in Annex I to Regulation (EC) 595/2009; and

(b) the vehicle meets the requirements of Annex XIII to Regulation (EU) 582/2011 (requirements to ensure the correct operation of measures to control emissions of oxides of nitrogen); and

(c) an engine is fitted to the vehicle which—

(i) meets the requirements of Annex V to Regulation (EU) 582/2011 (requirements relating to emissions of crankcase gases); and

(ii) when combined with the vehicle’s associated systems, meets the requirements specified in—

(aa) Annex VI to Regulation (EU) 582/2011 (requirements to limit off-cycle emissions and in-use emissions); and

(bb) Annex VII to Regulation (EU) 582/2011 (requirements relating to the durability of engine systems); and

(iii) has an on-board diagnostic system meeting the requirements specified in Annex X to Regulation (EU) 582/2011; and

(d) any replacement pollution control device which is fitted to it is type approved in accordance with the requirements of Annex XI to Regulation (EU) 582/2011.]

Textual Amendments

F26 Sch. 2 paras. 4C, 4D inserted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 5

Determination of applications and issue of certificates or notification of refusal U.K.

5.— [F27 (1) Except in a specified case or where the applicant requests that a reduced pollution examination is carried out, an authorised examiner shall, on the basis of the prescribed information and the prescribed declarations, determine whether to issue a reduced pollution certificate.]

[F28 (2)] An authorised examiner F29 ... shall issue a reduced pollution certificate to the applicant if and only if he is satisfied that [F30 an eligible vehicle] satisfies the reduced pollution requirements.

[F28 (3)] [F31 Subject to sub-paragraph (3A), a] reduced pollution certificate shall be granted for such period as the Secretary of State may determine.

[F32 (3A) A reduced pollution certificate for an eligible vehicle to which paragraph 4C applies—

(a) shall not be granted for a period which expires after 30th November 2017; and

(b) if issued on or after 1st January 2016, shall be granted for a period which expires at the end of 30th November 2017.]

[F28 (4)] If an authorised examiner is not satisfied that an eligible vehicle F33 ... satisfies the reduced pollution requirements, he shall notify the applicant of his refusal of the application and of the reasons for it.

Textual Amendments

F27 Sch. 2 para. 5(1) inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 6(a)

F28 Sch. 2 para. 5(1)-(3) renumbered as Sch. 2 para. 5(2)-(4) (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 6(d)

F29 Words in renumbered Sch. 2 para. 5(2) omitted (22.12.2009) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 6(b)(i)

F30 Words in renumbered Sch. 2 para. 5(2) substituted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 6(b)(ii)

F31 Words in Sch. 2 para. 5(3) substituted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 6(1)

F32 Sch. 2 para. 5(3A) inserted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 6(2)

F33 Words in renumbered Sch. 2 para. 5(4) omitted (22.12.2009) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 6(c)

Contents of a reduced pollution certificate U.K.

6.  A reduced pollution certificate shall contain the following information—

(a) the registration mark of the eligible vehicle;

(b) the date on which the certificate expires;

(c) the make and model of the vehicle;

(d) the vehicle identification number;

(e) particulars of [F34 any prescribed adaptation] that has been made to the vehicle;

[F35 (f) the emission standard with which the vehicle complies;]

(g) [F36 if appropriate,] the vehicle testing station or other place at which the reduced pollution examination was conducted.

Textual Amendments

F34 Words in Sch. 2 para. 6(e) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 8(a)

F35 Sch. 2 para. 6(f) substituted (1.10.2007) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (S.I. 2007/2553), regs. 1, 8(b)

F36 Words in Sch. 2 para. 6(g) inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 7

Reduced pollution certificate to be conclusive U.K.

7.—(1)  [F37 Subject to sub-paragraph (1A), if] at any time a reduced pollution certificate is in force for an eligible vehicle [F38 which is registered,] that certificate shall be conclusive evidence that the vehicle satisfies the reduced pollution requirements at that time.

[F39 (1A) If the reduced pollution certificate was issued because the vehicle met the reduced pollution requirements by virtue of paragraph 4C applying to it, on or after 1st January 2017 that certificate shall be conclusive evidence that the vehicle satisfies the reduced pollution requirements only if it meets the condition in paragraph 3A(1)(c)(ii).]

(2) If at any time no reduced pollution certificate is in force for an eligible vehicle, that fact shall be conclusive evidence that the vehicle does not satisfy the reduced pollution requirements at that time.

Textual Amendments

F37 Words in Sch. 2 para. 7(1) substituted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 7(1)

F38 Words in Sch. 2 para. 7(1) inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 5

F39 Sch. 2 para. 7(1A) inserted (23.3.2012) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/443), regs. 1, 7(2)

Re-examination of an eligible vehicle for which a reduced pollution certificate is in force U.K.

8.—(1) An authorised examiner may at any time by notice require the registered keeper of an eligible vehicle for which a reduced pollution certificate is in force to submit it, at a place and within a period specified in the notice (or at such other place or within such longer period as may be agreed by the Secretary of State), for a re-examination for the purpose of determining whether it still satisfies the reduced pollution requirements.

(2) Paragraphs 2(3) and 3(2) (except paragraph 3(2)(b)) apply to a re-examination under this paragraph.

(3) If an eligible vehicle for which a reduced pollution certificate is in force is found after a re-examination under this paragraph to satisfy the reduced pollution requirements, the authorised examiner who carried out the re-examination shall give notice to that effect to the registered keeper or to the person who brought the vehicle to the re-examination and to the Secretary of State.

[F40 (4) For the purposes of this paragraph “re-examination” includes an examination of an eligible vehicle not previously examined.]

Textual Amendments

F40 Sch. 2 para. 8(4) added (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 8

Rectification notice U.K.

9.—(1) If, after an examination under paragraph 8 or otherwise, an eligible vehicle for which a reduced pollution certificate is in force is found no longer to satisfy the reduced pollution requirements, the authorised examiner who carried out the examination shall give notice (“a rectification notice”) to that effect to the registered keeper or the person who brought the vehicle to the examination.

(2) A rectification notice shall state in what respect the vehicle was found not to satisfy the reduced pollution requirements.

(3) A rectification notice shall state that, unless the vehicle is submitted for a further examination, at the place and within the period specified in the notice (or at such other place) or within longer period as may be agreed by the Secretary of State), and is found at that further examination to satisfy the reduced pollution requirements, the Secretary of State will at the expiration of that period revoke the reduced pollution certificate for the vehicle.

(4) Paragraphs 2(3) and 3(2) apply to an examination under sub-paragraph (3).

Revocation, surrender and cancellation of a reduced pollution certificate U.K.

10.—(1)  [F41 Subject to paragraph 10A,] the Secretary of State may by notice given to the registered keeper revoke a reduced pollution certicate—

(a) if he is satisfied, in consequence of a re-examination under paragraph 9(3) that an eligible vehicle for which the reduced pollution certificate is in force no longer satisfies the reduced pollution requirements; or

(b) if the registered keeper of an eligible vehicle who has been required to submit it for re-examination under paragraph 8 or following a rectification notice has failed to do so in accordance with this Schedule.

(2) A reduced pollution certificate which has been revoked by notice under paragraph (1) shall cease to have effect on the date specified for that purpose in the notice.

(3) Where a notice has been given in respect of the eligible vehicle under paragraph 8(1) or 9(3), the notice under paragraph (1) shall not be given before the end of the period for submitting the vehicle for a further examination specified in the notice under paragraph 8(1) or, as the case may be, 9(3).

(4) The registered keeper of a vehicle for which a reduced pollution certificate is in force may at any time surrender the certificate to the Secretary of State for cancellation, whereupon the certificate shall cease to have effect.

(5) Where a certificate is revoked in accordance with paragraph (1) the registered keeper shall surrender the certificate to the Secretary of State for cancellation within the period specified for this purpose in the notice given under paragraph (1).

Textual Amendments

F41 Words in Sch. 2 para. 10(1) inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 6

[F42 10A.— (1) Where pursuant to regulation 5(1) an applicant furnishes a reduced pollution certificate in respect of a vehicle which is not registered, the Secretary of State shall revoke that certificate if he is satisfied that it relates to an eligible vehicle which does not fall within paragraph 4(3) or (4).

(2) Where the Secretary of State revokes a reduced pollution certificate under sub-paragraph (1) he shall cancel that certificate, whereupon it shall cease to have effect.]

Textual Amendments

F42 Sch. 2 para. 10A inserted (1.10.2006) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 (S.I. 2006/2320), regs. 1, 7

Replacement certificates U.K.

11.  At any time when a reduced pollution is in force in respect of a vehicle the Secretary of State may, on surrender of the certificate or its identifiable remains, issue a replacement certificate for the remainder of the period for which the surrendered certificate was in force.

Appeal against refusal or revocation of a certificate U.K.

12.—(1) A person aggrieved by a refusal to issue a reduced pollution certificate F43 ..., or by the revocation of a reduced pollution certificate, may appeal to the Secretary of State.

(2) An appeal shall—

(a) be made before the expiration of the period of 14 days beginning with the day on which an authorised examiner gives notice under [F44 paragraph 5(4)] or the Secretary of State gave notice under paragraph 10(1);

(b) state the grounds on which it is made; and

(c) be sent by post or facsimile transmission to the Secretary of State—

(i) at [F45 such office of the [F46 Driver and Vehicle Standards Agency] as he may direct] , in the case of a vehicle which was examined in Great Britain; or

(ii) at the Driver and Vehicle Testing Agency, Headquarters, Balmoral Road, Belfast BT12 6QL, in the case of a vehicle which was examined in Northern Ireland.

(3) As soon as reasonably practicable after the receipt of an appeal made in accordance with sub-paragraph (2) the Secretary of State shall notify the appellant of—

(a) the place at which the examination for the purposes of the appeal will take place; and

(b) the time when it will start.

(4) The examination shall be carried by a person who has not previously examined the vehicle and who is—

(a) in the case of an examination carried out in Great Britain, authorised by the Secretary of State to carry out examinations for the purposes of this paragraph; or

(b) in the case of an examination carried out in Northern Ireland, an authorised examiner.

(5) At the conclusion of an examination under this paragraph the Secretary of State shall either issue a reduced pollution certificate or give the appellant notice that the appeal is dismissed and the grounds of dismissal.

(6) Paragraphs 2(3) and 3(2) apply to an examination under this paragraph.

Textual Amendments

F43 Words in Sch. 2 para. 12(1) omitted (22.12.2009) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 9(a)

F44 Words in Sch. 2 para. 12(2)(a) substituted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 9(b)

F45 Words in Sch. 2 para. 12(2)(c)(i) substituted (13.7.2008) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 (S.I. 2008/1444), regs. 1, 3(2)

F46 Words in Sch. 2 para. 12(2)(c)(i) substituted (E.W.S.) (1.4.2014) by The Driving Standards Agency and the Vehicle and Operator Services Agency (Merger) (Consequential Amendments) Regulations 2014 (S.I. 2014/480), regs. 1, 7

Prescribed fees U.K.

13.— [F47 (A1) The prescribed fee for a determination of an application for a reduced pollution certificate, other than in a specified case or where the applicant requests that a reduced pollution examination is carried out, shall be £32.]

(1) Subject to [F48 [F49 sub-paragraphs (2), (3) and (3A)] the prescribed fee for a determination of an application for a reduced pollution certificate in a specified case or where the applicant requests that a reduced pollution examination is carried out in respect] of an eligible vehicle under this Schedule (except an examination under paragraph 8, for which no fee shall be payable) shall be—

(a) [F50 £42 ], except in a case falling within paragraph (b);

(b) [F51 £25 ], if it is carried out at the same time as an examination of the vehicle—

(i) for the purposes of determining whether a certificate of initial fitness should be issued under section 6 of the Public Passenger Vehicles Act 1981 M10 or a public service vehicle licence should be granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981 M11 ;

(ii) for the purposes of an examination carried out for the purposes of section 45 of the 1988 Act M12 , Article 61(1) of the Road Traffic (Northern Ireland) Order 1995 (test certificates); or

(iii) for one or more of the purposes mentioned in section 49(1) of the 1988 Act or Article 65 of the Road Traffic (Northern Ireland) Order 1995 (plating and testing of goods vehicles).

(2) If, at the request of the applicant, the time appointed for an examination is out of hours, the fee payable under sub-paragraph (1) shall be increased by [F52 £12] .

[F53 (3) If, at the request of the applicant, an examination is carried out otherwise than at premises provided by the Secretary of State under section [F54 52(2)(a)] of the 1988 Act the fee payable under sub-paragraph (1)(a) shall be reduced by [F55 £12,] and the fee payable under sub-paragraph (1)(b) shall be reduced by [F56 £7.]]

[F57 (3A) In the case of an examination carried out in Northern Ireland the fee payable under sub-paragraph (1)(a) shall be reduced by £8, and the fee payable under sub-paragraph (1)(b) shall be reduced by £5.]

F58 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59 (4) in sub-paragraph (2) “out of hours” means—

(a) at any time on Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday (as defined by the Banking and Financial Dealings Act 1971), or any other day on which tests are not normally conducted at vehicle testing stations; or

(b) on any other day except between 6.00 am and 8.00 pm.]

[F60 (5) Sub-paragraphs (2), (3) and (4) do not apply in Northern Ireland.]

Textual Amendments

F47 Sch. 2 para. 13(A1) inserted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 10(a)

F48 Words in Sch. 2 para. 13(1) substituted (22.12.2009) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3103), regs. 1, 10(b)

F49 Words in Sch. 2 para. 13(1) substituted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(1)

F50 Sum in Sch. 2 para. 13(1)(a) substituted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(2)

F51 Sum in Sch. 2 para. 13(1)(b) substituted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(3)

F52 Word in Sch. 2 para. 13(2) substituted (3.5.2009) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2009 (S.I. 2009/880), regs. 1, 3(c)

F53 Sch. 2 para. 13(3) inserted (1.4.2012) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. 2012/304), regs. 1, 3(c)

F54 Word in Sch. 2 para. 13(3) substituted (8.6.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(b), Sch. 2 para. 2

F55 Sum in Sch. 2 para. 13(3) substituted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(4)(a)

F56 Sum in Sch. 2 para. 13(3) substituted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(4)(b)

F57 Sch. 2 para. 13(3A) inserted (1.10.2014) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. 2014/2116), regs. 1, 3(5)

F58 Sch. 2 para. 13(3) omitted (1.4.2010) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2010 (S.I. 2010/451), regs. 1, 3(3)

F59 Sch. 2 para. 13(4) substituted (1.4.2012) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. 2012/304), regs. 1, 3(d)

F60 Sch. 2 para. 13(5) added (1.4.2012) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. 2012/304), regs. 1, 3(e)

Marginal Citations

M10 1981 c. 114; section 6 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), Schedule 3, paragraph 22 and by the Road Traffic Act 1991, Schedule 4, paragraph 14.

M11 S.I. 1981/154 (N.I. 1).

M12 Section 45 was amended by the Road Traffic Act 1991, Schedule 4, paragraph 53.