The Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1992

Regulation 7(3)

SCHEDULE 1 AMENDMENTS TO THE TABLE IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

1.  After item 14E, there shall be inserted the following item—

“14F

Noise and silencers

Council Directive 70/157/EEC of 6 February 1970, as amended by Commission Directive 73/350/EEC of 7 November 1973, Council Directive 77/212/EEC of 8 March 1977, Commission Directive 81/334/EEC of 13 April 1981, Commission Directive 84/372/EEC of 3 July 1984 and Council Directive 84/424/EEC of 3 September 1984.

L42, 23.2.70, p.16 (SE 1970(I) p.111), L321, 22.11.73, p.33, L66, 12.3.77, p.33, L131, 18.5.81, p.6, L196, 26.7.84, p.47, L238, 6.9.84, p.31.

Design construction and equipment requirements in Annex I, paragraph 5 (excluding sub-paragraphs: 5.2.2.1.2; 5.2.2.1.7; 5.2.2.4.3.3.1.2; Land 5.3) except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio no less than 75 kilowatts per tonne shall be tested in third gear only.

Vehicles other than low volume type approval vehicles

1.1.93”

2.  After item 16, there shall be inserted the following item—

“16A	Seats and anchorages	Council Directive 74/408/EEC of 22 July 1974 as amended by Council Directive 81/557/EEC of 20 July 1981.	L221, 12.8.74, p.1, L209, 29.7.81, p.34.	Design and construction requirements in Annex I paragraph 5 and Annex III paragraph 2.	Vehicles other than low volume type approval vehicles	1.1.93
		or
		ECE Regulation 17 as revised on 11 September 1973, amended on 9 March 1981 and revised and corrected on 1 May 1986.		Design and construction requirements of paragraph 5.2.”

3.  After item 18A, there shall be inserted the following item—

“18B

Interior fittings

Part II of this Schedule

Design and construction requirements set out in that Part.

Vehicles other than low volume type approval vehicles

1.1.93”

4.  After item 22, there shall be inserted the following item—

“22A

Wiper and washer systems

Council Directive 78/318/EEC of 21 December 1977

L81, 28.3.78, p.49.

Design and construction requirements in Annex I, paragraph 5 (excluding sub-paragraphs 5.1.2, 5.1.4, 5.1.7, 5.1.8, 5.1.9, 5.1.11, 5.2.2, 5.2.3).

Vehicles other than low volume type approval vehicles

1.1.93”

5.  After item 23, there shall be inserted the following item—

“23A

Defrosting and demisting systems

Council Directive 78/317/EEC of 21 December 1977 as corrected on 9 July 1978.

L81, 28.3.78, p.27, L194, 19.7.78, p.29.

Requirements of Annex I, sub-paragraphs 5.1.1 and 5.2.1.

Vehicles other than low volume type approval vehicles

1.1.93”

Regulation 7(4)

SCHEDULE 2 PROVISIONS TO BE INSERTED AFTER THE TABLE IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

“PART II LOW VOLUME TYPE APPROVAL VEHICLES

INTERIOR FITTINGS

1.   The vehicle must comply with the design and construction requirements specified in—

(a) Annex I, paragraph 5 (excluding sub-paragraphs 5.1.2, 5.2.4, 5.3.4.1, 5.4.2.2, 5.7.1.2 and with the omission of the second sentence in 5.2.3.1) of Council Directive 74/60/EEC of 17th December 1973(1) as corrected on 6th August 1974(2) and 25th February 1977(3) and amended by Commission Directive 78/632/EEC of 19th May 1978(4); or

(b) paragraph 5 (excluding sub-paragraphs 5.1.2, 5.2.3.1, 5.2.4, 5.3.4.1, 5.4.2.2, 5.4.2.3, and 5.7.1.2) of ECE Regulation 21 as revised on 8th October 1980, amended on 26th April 1986 and corrected on 10th October 1986.

2.   The vehicle must also be constructed so that the metal wires which stretch the lining of the roof and the frames of the sun visors have a maximum diameter of 5mm.”

Regulation 9

SCHEDULE 3

“PART III

”

Regulation 11(3)

SCHEDULE 4 PROVISIONS TO BE INSERTED INTO SCHEDULE 1B TO THE PRINCIPAL REGULATIONS

“PART III

1.   Items 4D and 4F of Part I of Schedule 1 shall have effect in relation to a vehicle to which this Schedule applies as if wherever the words “see regulation 4(11) of Schedule 1B” appear in column (6) there were substituted “30.12.1993”.

2.— (1) This Part of this Schedule applies to a vehicle on or after 31st December 1992 if it fulfils the following four requirements, namely—

(a) it was manufactured on or after 1st September 1990 and before 1st September 1992;

(b) either—

(i) a certificate of conformity was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a type vehicle in respect of which a TAC had been issued before 1st July 1992; or

(ii) a sub-MAC was issued in respect of the vehicle before 31st December 1992 on the basis that it conforms with a vehicle in respect of which a MAC had been issued before 1st July 1992;

(c) it was in the territory of a member State at some time before 31st December 1992; and

(d) it was manufactured at a time when, out of all the relevant vehicles in existence on 31st December 1992, not more than the specified number had been manufactured.

(2) For the purposes of this paragraph, in relation to a vehicle (“the vehicle in question”),—

(a) “the specified number” is 10 per cent of the total number of vehicles to which these Regulations apply that were both—

(i) manufactured by the manufacturer of the vehicle in question; and

(ii) registered during the period beginning on 31st December 1991 and ending on 30th December 1992.

(b) a “relevant vehicle” is a vehicle which—

(i) was manufactured by the manufacturer of the vehicle in question; and

(ii) satisfies the requirements of sub-paragraphs (a), (b) and (c) of paragraph 2(1) above; but

(iii) had not been registered before 31st December 1992.

(3) In this paragraph—

“MAC” means a Minister’s approval certificate not being a sub-MAC;

“sub-MAC” means a Minister’s approval certificate issued by virtue of section 58(4) of the Road Traffic Act 1988; and

“TAC” means a type approval certificate.

(4) For the purposes of this paragraph—

(a) a reference to a vehicle conforming with another vehicle is a reference to a vehicle conforming with another vehicle as respects the relevant aspects of design, construction, equipment and marking;

(b) a TAC relates to a vehicle where a certificate of conformity has been issued on the basis of the vehicle conforming with a type vehicle in respect of which the TAC was issued; and

(c) a MAC relates to a vehicle where a sub-MAC has been issued on the basis of the vehicle conforming with another vehicle in respect of which the MAC was issued.”

Regulation 12

SCHEDULE 5

(1)	(2)	(3)			(4)	(5)	(6)
Item No	Subject Matter	Particulars of instrument or other document containing requirements and of the nature of the requirement			Vehicles exempted from requirement	Date of application	Date of cessation of application
		(a)	(b)	(c)
		Description, reference number and date of instrument	Official Journal reference of Community Instrument	Nature of requirement and place in instrument where stated
12A(1)	Seat belts	Council Directive 77/541/EEC of 28 June 1977	L220, 29.8.77, p.95	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2	Vehicles which have been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability if— (a) the drivers seat and the specified passenger seat (if any) has either a disabled persons seat beat or a seat belt which complies with column 3; and (b) no seat belt is fitted to any other forward facing seat other than a disabled persons seat belt or a seat belt which complies with column 3. (The definitions shown in regulation 47 of the Construction and Use Regulations apply to this item)	1.10.1980	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981 and Commission Directive 82/319/EEC of 2 April 1982.	L220, 29.8.77, p.95, L209, 29.7.81, p.32 and L139, 19.5.82, p.17.	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2.		11.4.1983	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 91/576/EEC of 20 July 1981, Commission Directive 92/319/EEC of 2 April 1982 and 90/628/EEC of 30 October 1990.	L220, 29.8.77, p.95, L209, 29.7.81, p32. L139, 19.5.82, p.17 and L341, 6.12.90, p.1.	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2.		1.7.1992
		or
		ECE Regulation 16 as revised on 9 December 1979 and corrected on 25 June 1981.		Marking requirements in paragraphs 4 and 5.4.		1.10.1980	30.6.1992
		or
		ECE Regulation 16 as revised on 9 December 1979 and corrected on 25 June 1981 and amended on 22 December 1985.		Marking requirements in paragraphs 4 and 5.4		1.10.1987	30.6.1992
		or
		ECE Regulation 16 as revised and amended on 22 December 1985, revised on 15 June 1988, corrected on 8 April 1989, amended on 26 March 1989 and 20 November 1989 and corrected on 9 November 1990.		Marking requirements in paragraphs 4 and 5.4.		1.10.1992
12A(2)	Seat belt anchorages	Council Directive 76/115/EEC of 18 December 1975.	L24, 30.1.76, p.6.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		1.10.1979	30.6.1992
		or
		Council Directive 76/115/EEC of 18 December 1975 as amended by Council Directive 81/575/EEC of 20 July 1981 and Commission Directive 82/318/EEC of 2 April 1982.	L24, 30.1.76, p.6, L209, 29.7.81, p.30 and L139, 19.5.82, p.9.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		11.4.1983	30.6.1992
		or
		Council Directive 76/115/EEC of 18 December 1975 as amended by Council Directive 81/575/EEC of 20 July 1981 Commission Directive 82/318/EEC of 2 April 1982 and Commission Directive 90/629/EEC of 30 October 1990.	L24, 30.1.76, p.6, L209, 29.7.81, p.30, L139, 19.5.82, p.9 and L341, 6.12.90, p.14.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		1.7.1992
		or
		ECE Regulation 14 as revised on 28 April 1976 and corrected on 4 August 1977, 19 July 1978 and in September 1979.		Design, construction and equipment requirements in paragraphs 5, 6 and 7 and Annexes 3, 4 and 5.		1.10.1979	1.6.1992
		or
		ECE Regulation 14 as revised on 28 April 1976 and corrected on 4 August 1977, 19 July 1978, in September 1979 and amended and corrected on 22 November 1984.		Design, construction and equipment requirements in paragraphs 5, 6 and 7 and Annexes 3, 4 and 5.		26.5.1986	1.6.1992
		or
		ECE Regulation 14 as revised on 28 April 1976 and corrected on 4 August 1977, 19 July 1978, in September 1979 and amended and corrected on 22 November 1984 and amended on 29 January 1992.		Design, construction and equipment requirements in paragraphs 5, 6 and 7 and Annexes 3, 4, 5 and 6.		1.10.1992
12A(3)	Installation of seat belts	Council Directive 77/541/EEC of 28 June 1977	L220, 29.8.77, p.95	Installation requirements in Annex I, paragraph 3 with the omission of the words in 3.1 “must comply with all the provisions of this Directive” and of 3.2.1.	Vehicles which have been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability if— (a) the drivers seat and the specified passenger seat (if any) has either a disabled persons seat belt or a seat belt which complies with column 3; and (b) no seat belt is fitted to any other forward facing seat other than a disabled persons seat belt or a seat belt that so complies. (The definitions shown in regulation 47 of the Construction and Use Regulations apply to this item)	1.10.1979	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981 and Council Directive 82/319/EEC of 2 April 1982.	L220, 29.8.77. p.95, L209, 29.7.81, p.32 and L39, 19.5.82, p.17	Installation requirements in Annex I, paragraph 3 with the omission of the words in 3.1 “must comply with all the provisions of this Directive” and of 3.2.1.		11.4.1984	30.6.1992
		or
		Council Directive 77/541/EEC of 29 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981, Council Directive 82/319/EEC of 2 April 1982 and 90/628/EEC of 30 October 1990.	L220, 29.8.77, p.95, L209, 29.7.81, p.32, L39, 19.5.82, p.17 and L341, 6.12.90, p.1.	Installation requirements in Annex I, paragraph 3 with the omission of the words in 3.1 “must comply with all the provisions of this Directive” and of 3.2.1.		1.7.1992

(1)

OJ L38, 11.2.74, p.2.

(2)

OJ L215, 6.8.74, p.20.

(3)

OJ L53, 25.2.77, p.30.

(4)

OJ L206, 29.7.78, p.26.