The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2006

Statutory Instruments

2006 No. 2935

ROAD TRAFFIC

The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2006

Made

9th November 2006

Laid before Parliament

15th November 2006

Coming into force

11th December 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

He has been designated(2) for the purposes of section 2(2) in relation to the regulation of the type, description, construction or equipment of vehicles, and components of vehicles, and in particular any vehicle type approval scheme.

Citation and commencement

1.  These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2006 and shall come into force on 11th December 2006.

Amendment of Regulations

2.—(1) The Motor Cycles Etc. (EC Type Approval) Regulations 1999(3) shall be amended as follows.

(2) In regulation 3 (interpretation) in paragraph (1) for the definition of “the Framework Directive” there shall be substituted—

““the Framework Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC(4), as last amended by Directive 2005/30/EC(5);”

(3) In the table in Schedule 1 (separate Directives) in item 12 after the last entry in the third and fourth columns there shall be inserted in those columns respectively—

“2005/30/EC*”

“L106, 27.4.2005, p 17”

(4) Schedule 1A shall be omitted and the content of that Schedule shall be inserted after Schedule 1.

Signed by authority of the Secretary of State

S.J. Ladyman

Minister of State

Department for Transport

9th November 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Cycles Etc. (EC Type Approval) Regulations 1999 (“the principal Regulations”) to implement Commission Directive 2005/30/EC of 22nd April 2005 amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles (OJ No. L 106, 27.4.2005, p.17).

Directive 2005/30/EC introduces technical measures for the type approval, as separate technical units, of replacement catalytic converters to regulate emissions performance.

Regulation 2(2) amends the definition of “the Framework Directive” to provide that this expression means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61 as amended up to and including the amendments made by Directive 2005/30/EC.

Directive 97/24/EC of the European Parliament and of the Council of 17th June 1997 on certain components and characteristics of two or three-wheel motor vehicles is a “separate Directive” specified in Schedule 1 to the principal Regulations. Regulation 2(3) amends Schedule 1 to provide that, as such a separate Directive, Directive 97/24/EC is amended by Directive 2005/30/EC.

Regulation 2(4) corrects an error in the principal Regulations by placing Schedule 1A after Schedule 1.

A full regulatory impact assessment has not been prepared for this instrument as it has no impact on the costs of business.

This Explanatory Note incorporates the Transposition Note that would otherwise have been provided separately. Copies of the Directives referred to in these Regulations may be obtained from the Stationery Office.

(1)

1972 c.68.

(2)

S.I. 1972/1811, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1999/2920; relevant amending instruments are S.I. 2003/1099, 2004/1948.

(4)

OJ No. L 124, 9.5.2002, p.1; in so far as relevant, Directive 2002/24/EC was amended by Commission Directive 2003/77/EC (OJ No. L 211 21.8.2003, p.24), a Corrigendum (OJ No. L 49, 22.2.2003, p. 23) and Directive 2005/30/EC (see footnote (e)).

(5)

OJ No. L 106, 27.4.2005, p.17.