The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 1114

Road Traffic

The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010

Made

30th March 2010

Laid before Parliament

1st April 2010

Coming into force

1st June 2010

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 of 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. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010 and come into force on 1st June 2010.

Amendment of the Motor Cycles Etc. Regulations

2.  In the Table in Schedule 1 (separate directives) to the Motor Cycles Etc. (EC Type Approval) Regulations 1999(3), omit item 7 and at the end add the item set out in the Table below—

Table

Item	Principal Directives	Official Journal Reference	Subject Matter and (where applicable) the Chapter of the Annex
19	2009/139/EC†	L322, 9.12.2009, p. 3	Statutory markings for two- or three-wheel motor vehicles

Amendment of the Tractor etc Regulations

3.—(1) The Tractor etc (EC Type-Approval) Regulations 2005(4) are amended as follows.

(2) In regulation 2(1), in the definition of “separate directive”, for “the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009”, substitute “the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010”.

Signed by authority of the Secretary of State

Paul Clark

Parliamentary Under Secretary of State

30th March 2010

Department for Transport

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Motor Cycles Etc. (EC Type Approval) Regulations 1999 in order to transpose Directive 2009/139/EC of the European Parliament and of the Council.

The Directive codifies and repeals Council Directive 93/34/EEC on statutory markings for two- or three-wheel motor vehicles (O.J. L 188, 29.7.1993, p. 38) which has been amended but makes no changes of substance to the requirements for the type approval of the vehicles to which it relates. Copies of the codified Directive may be obtained from the Stationary Office (www.tso.co.uk) or the EUROPA website (http://eur-lex.europa.eu/en/index.htm).

Regulation 3 of these Regulations amends the Tractor etc (EC Type-Approval) Regulations 2005 in order to transpose Directive 2009/144/EC of the European Parliament and the Council on certain components and characteristics of wheeled agricultural or forestry tractors (O.J. L27, 30.1.2010, p. 33).

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

Commission Directive 2009/108/EC amending, for the purposes of adapting it to technical progress, Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two- or three-wheel motor vehicles (O.J. L 213,18.8.2009, p.10) has been transposed by virtue of the ambulatory provision in the definition of “separate directive” in regulation 3(1) of the 1999 Regulations.

This Explanatory Note incorporates the Transposition Note in respect of Directives 2009/139/EC, 2009/144/EC and 2009/108/EC which would otherwise have been provided separately.

An Explanatory Memorandum for these Regulations is available alongside the instrument on the OPSI website, www.opsi.gov.uk.

(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. 2001/1547, 2001/368 and 2009/3266.

(4)

S.I. 2005/390; relevant amending instruments are S.I. 2008/1980 and 2009/3266.