The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 2003

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 2003 and shall come into force on 10th August 2003.

Amendment of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982

2.  The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(1) shall be amended in accordance with the following paragraphs—

(a) in regulation 2 (general interpretation)—

(i) in paragraph (1)—

(aa) before the definition of “the Construction and Use Regulations” there shall be inserted—

““Directive 70/156/EEC” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers(2);

“Directive 70/157/EEC” means Council Directive 70/157/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles(3);

“Directive 70/220/EEC” means Council Directive 70/220/EEC of 20th March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles(4);

“Directive 88/77/EEC” means Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants for diesel engines for use in vehicles(5);”;

(bb) in the definition of “emissions or noise item” for ““exhaust emissions” or “noise and silencers”” there shall be substituted ““emissions”, “on-board diagnostic system”, “diesel emissions” or “sound level””;

(cc) in the definition of “Framework Directive vehicle” for “Council Directive 70/156/EEC” and the remainder of the definition there shall be substituted “Directive 70/156/EEC”;

(dd) after the definition of “recovery vehicle” there shall be inserted—

““relevant speed” has the meaning given in regulation 36B(15) of the Construction and Use Regulations;

“road sweeper” means a vehicle constructed or adapted for the purpose of road cleansing, the collection or disposal of refuse or the collection or disposal of the contents of gullies and which—

(i)

is incapable by reason of its construction of a speed of more than 20 miles per hour on the level under its own power; and

(ii)

has an inside track width of less than 810 millimetres;”;

(ii) after paragraph (2) there shall be inserted—

“(2A) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003 are made.”; and

(iii) after paragraph (5) there shall be inserted—

“(6) In Part I of Schedule 1 to these Regulations—

(a) a reference to a vehicle of category N, N1, N2 or N3 (whether of a specified class or otherwise) is a reference to a vehicle of category N, N1, N2 or N3 as appropriate, within the meaning of Annex II to Directive 70/156/EEC; and

(b) a reference to a vehicle of class I, II or III of any category referred to in sub-paragraph (a) is a reference to a vehicle of class I, II or III, as appropriate, of that category within the meaning of the said Annex II.”;

(b) in regulation 3 (application of regulations)—

(i) in paragraph (1)(a)(i) for “three” there shall be substituted “four”;

(ii) in paragraph (2) “or” after sub-paragraph (t) shall be omitted and after sub-paragraph (u) there shall be inserted—

“; or

(v) a road sweeper.”;

(c) in regulation 4 (application of type approval requirements)—

(i) in paragraph (1) for sub-paragraph (b)(i) there shall be substituted—

“(b) (i) on and after the date these Regulations are amended by the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003 or any later date specified in column (6) of Part I of Schedule 1, and”;

(ii) in paragraph (5) there shall be omitted “; and for the purposes” and the remainder of the paragraph;

(iii) paragraphs (8A), (9) and (12) and the second paragraph (13) shall be omitted; and

(iv) in paragraph (14) for “schedules 1B and” there shall be substituted “schedule”;

(d) the content of the Schedule to these Regulations shall be substituted for Schedule 1;

(e) Schedules 1A and 1B shall be omitted; and

(f) in Schedule 1C, in Part I, in paragraph 1(1) “(other than item 2L)” shall be omitted.

Saving provision

3.—(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 in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972(6) or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force;

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

Signed by the authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under-Secretary of State

Department for Transport

17th July 2003