The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1992

Statutory Instruments

1992 No. 2909

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1992

Made

19th November 1992

Laid before Parliament

26th November 1992

Coming into force

31st December 1992

The Secretary of State, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Commencement and citation

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1992 and shall come into force on 31st December 1992 immediately after the Road Vehicles (Construction Use) (Amendment) (No. 5) Regulations 1992(2) come into force.

Preliminary

2.  The Road Vehicles (Construction and Use) Regulations 1986(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendments related to exhaust emissions

3.—(1) Regulation 61 shall be amended as follows.

(2) In paragraph (4)(b)(ii), after the words “31st December 1992” there shall be inserted the words “, or in a case where the vehicle is a vehicle to which Part III of Schedule 1B of the Type Approval (Great Britain) Regulations(4) applies,”.

(3) In paragraph (7), before “(8)” there shall be inserted “(7A),”.

(4) After paragraph (7), there shall be inserted the following paragraph—

“(7A) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval (Great Britain) Regulations applies, item 8 of Table II shall have effect as if for the entry in column (3) there were substituted “31st December 1993”.”

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary Under Secretary of State,

Department of Transport

19th November 1992

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

2.  S.I. 1992/2137 amended the 1986 Regulations by requiring certain classes of vehicle first used on or after 31st December 1992 to meet the exhaust emission requirements set by the Council Directive 91/441/EEC.

3.  S.I. 1992/1341 amended the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981) by imposing similar requirements as compulsory type approval requirements applicable to vehicles of the relevant classes as from 31st December 1992.

4.  The 1984 Regulations were further amended by S.I. 1992/2908 so as to exempt a limited class of vehicles from compulsory compliance with the new type approval requirements until 30th December 1993.

5.  The effect of the amendments made by these Regulations is that vehicles which are exempt from the new compulsory type approval requirements until 30th December 1993 are also exempt from the equivalent requirements in the 1986 Regulations provided that they are first used on or before that date.

Copies of the EEC Directives which are relevant to these Regulations can be obtained from Her Majesty’s Stationery Office. The details are set out below:

TABLE

Principal Instrument

Relevant Amending Instrument

Council Directive 70/220/EEC of 20 March 1970 (OJ No. L76, 6.4.70 p. 1—SE 1970 (I) p. 171)

Council Directive 74/290/EEC of 28 May 1974 (OJ No. L159, 15.6.74 p. 61) Commission Directive 77/102/EEC of 30 November 1976 (OJ No. L132, 3.2.77 p. 32) Commission Directive 78/665/EEC of 14 July 1978 (OJ No. L223, 14.8.78 p. 48) Council Directive 83/351/EEC of 16 June 1983 (OJ No. L197, 20.7.83 p. 1) Council Directive 88/76/EEC of 3 December 1987 (OJ No. L36, 9.2.88 p. 1) Council Directive 88/436/EEC of 16 June 1988 (OJ No. L214, 6.8.88 p. 1) Council Directive 89/458/EEC of 18 July 1989 (OJ No. L226, 3.8.89 p. 1) to which there is a corrigendum in OJ No. L303, 8.11.88, p.36. Commission Directive 89/491/EEC of 17 July 1989 (OJ No. L238, 15.8.89 p. 43) Council Directive 91/441/EEC of 26 June 1991 (OJ No. L242, 30.8.91 p. 1)

(1)

1988 c. 52.

(2)

S.I. 1992/2137.

(3)

S.I. 1986/1078; relevant amending instruments are S.I. 1988/1524, 1990/1131, 1991/1526 and 1992/2137.

(4)

“The Type Approval (Great Britain) Regulations” is defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 as meaning the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (S.I. 1984/981). Relevant amendments to S.I. 1984/981 are made by S.I. 1989/1580, 1990/94 and 1839, and 1992/1341 and 2908.