The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009

General interpretation E+W+S

3.—(1) Regulation 2 is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “Directive 70/156/EEC”;

(b) for the definition of “Directive 88/77/EEC” substitute—

““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(1);

“Directive 2006/40/EC” means Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC(2);

“Directive 2007/46/EC” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(3);”;

(c) after the definition of “the Plating and Testing Regulations” insert—

““air-conditioning system” has the same meaning as in Article 3(3) of Directive 2006/40/EC;”;

(d) after the definition of “dual-purpose vehicle” insert—

““ELR test” has the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC;”;

(e) after the definition of “emissions or noise item” insert—

““ESC test” and “ETC test” have the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC;

“fluorinated greenhouse gases” has the same meaning as in Article 3(5) of Directive 2006/40/EC;”;

(f) in the definition of “Framework Directive vehicle” for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”; and

(g) after the definition of “Framework Directive vehicle” insert—

““global warming potential” has the same meaning as in Article 3(8) of Directive 2006/40/EC;”.

(3) For paragraph (2A), substitute—

“(2A) Subject to paragraph (2B), any reference in these Regulations to a Community instrument is a reference to that instrument as amended up to and including the date that the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 are made.

(2B) Paragraph (2A) does not apply to the reference in item 5 in Schedule 1 in relation to Council Directive 72/245/EEC.”

(4) In paragraph (6)—

(a) in sub-paragraph (a), for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”; and

(b) in sub-paragraph (b), for “the said Annex II” substitute “Directive 2007/46/EC as read with one or more of the separate Community instruments referred to in Part I of Annex IV to that Directive”.

Commencement Information

I1 Reg. 3 in force at 26.8.2009, see reg. 1

(1)

OJ No. L275, 20.10.2005, p.1, as last amended by Commission Directive 2008/74/EC (OJ No. L192, 19.7.2008, p.51).

(2)

OJ No. L161, 14.6.2006, p.12.

(3)

OJ No. L263, 9.10.2007, p.1, as last amended by Commission Regulation (EC) No. 385/2009 (OJ No. L118, 13.5.2009, p.13).