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The Road Vehicles (Construction and Use) Regulations 1986

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Regulations 55A(1) and 61(11)

[F1SCHEDULE 7XAE+W+SEND OF SERIES EXEMPTIONS

Textual Amendments

PART IE+W+SMODIFICATION OF [F2REGULATIONS 55A, 61 AND 61A] IN RELATION TO END OF SERIES VEHICLES

Textual Amendments

Modification of [F3regulations 55A, 61 and 61A] E+W+S

1.—(1) An item numbered 2 or higher in the Table in regulation 55A shall not apply to—

(a)a type approval end of series vehicle;

(b)a non-type approval end of series vehicle; or

(c)a late entry into service vehicle,

if it is first used before the first anniversary of the date specified in column 3 of the item.

(2) An item numbered 8, 9 or 11 in Table II of regulation 61 shall not apply to a type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(3) An item numbered 9 or 11 in Table II of regulation 61 shall not apply to a non-type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(4) An item numbered 10 or higher (other than 11) in Table II of regulation 61 shall not apply to—

(a)a type approval end of series vehicle;

(b)a non-type approval end of series vehicle; or

(c)a late entry into service vehicle,

if it is first used before the first anniversary of the date specified in column 3 of the item.

[F4(4A) No provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 61A shall be deemed to be a design, construction or equipment requirement applying to, or to impose limit values in relation to, a vehicle by virtue of paragraphs (2) and (3) of regulation 61A, if the vehicle is—

(a)a type approval end of series vehicle,

(b)a non-type-approval end of series vehicle, or

(c)a late entry into service vehicle,

in relation to such a provision, and the vehicle is first used before the first anniversary of the date as is specified (as defined in regulation 61A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 61A.]

[F5(4B) Paragraphs (5) and (6) of regulation 61B shall not apply to a type approval end of series vehicle, if it has been first used before 1st January 2018 and is lawfully equipped with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.]

(5) Parts II, III and IV of this Schedule shall have effect for the purpose of interpreting the expressions “type approval end of series vehicle”, “non-type approval end of series vehicle” and “late entry into service vehicle” respectively for the purposes of this paragraph.

Textual Amendments

PART IIE+W+SMEANING OF “TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Meaning of “type approval end of series vehicle” for the purposes of paragraph 1E+W+S

2.—(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 8, 9 or 11 in Table II in regulation 61, if it meets the requirements of sub-paragraph (3) in relation to the item.

(2) For the purposes of paragraph 1 [F6, and subject to regulation 3 of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007], a vehicle is a type approval end of series vehicle, in relation to an item numbered 2 or higher in the Table in regulation 55A or an item numbered 10 or higher (other than item 11) in Table II in regulation 61 [F7or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A] [F8or paragraph (5) or (6) of regulation 61B] if—

(a)by virtue of [F9either item 2J of Schedule 1 or] Schedule 1C to the Type Approval for Goods Vehicles Regulations, F10... [F11or]

(b)by virtue of Schedule 1C to the Type Approval (Great Britain) Regulations, F12...

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( [F14which] [F15, other than item 2J of Schedule 1,] in certain circumstances defer the date on which certain requirements relating to exhaust emissions, [F16air conditioning systems,] noise and silencers cease to apply) the type approval requirements that applied to the vehicle on the date specified in column 3 of the item [F17or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive] [F18or, in relation to paragraph (5) or (6) of regulation 61B, 1st January 2017,] are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item [F19or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, the date as is specified by the relevant Community Directive] [F20or, in relation to paragraph (5) or (6) of regulation 61B, immediately before 1st January 2017].

[F21(2A) For the purposes of paragraph 1, a vehicle is a type-approval end of series vehicle in relation to an item in the Table in regulation 55A , or in Table II in regulation 61, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 61A, [F22or paragraph (5) or (6) of regulation 61B] if it has been exempted from that item or provision under—

(a)the laws of a relevant State (as defined by paragraph 5(1)(c)) other than the United Kingdom, or

(b)the laws applicable in Northern Ireland,

pursuant to Article 8(2)(b) of the Framework Directive [F23, or Article 27 of Community Directive 2007/46].]

[F24(2B) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to—

(a)an item numbered 2 or higher in the Table in regulation 55A,

(b)an item numbered 10 or higher (other than item 11) in Table II in regulation 61,

(c)any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, or

(d)paragraph (5) or (6) of regulation 61B,

if a direction given under regulation 12 or 13 of the EC Whole Vehicle Type Approval Regulations or regulation 31 or 32 of the Vehicle Approval Regulations is in force in relation to the vehicle.]

(3) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if—

(a)it was manufactured during the relevant period;

(b)one of the following conditions is satisfied—

(i)a certificate of conformity was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a TAC issued before the date specified in column 4 of the Table in paragraph 6 in relation to the item, or

(ii)a sub-MAC was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a MAC issued before the date specified in column 4 of that Table;

(c)it was in the territory of a relevant state at some time before the date specified in column 3 of the item; and

(d)the number of relevant vehicles which were—

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the date specified in column 3 of that item, was less than the specified number of 50 (whichever is the greater).

(4) For the purposes of sub-paragraph (3)—

(a)“MAC” means a Minister’s approval certificate issued under section 58(1) of the Road Traffic Act 1988;

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

(c)“TAC” means a type approval certificate.

Textual Amendments

Modifications etc. (not altering text)

Meaning of “relevant vehicle” for the purposes of this PartE+W+S

3.—(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)is a vehicle to which those Regulations apply;

(b)meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

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

(d)had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d) in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)is a vehicle to which those Regulations apply;

(b)meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

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

(d)had not been registered under the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

Meaning of “specified number” for the purposes of this PartE+W+S

4.—(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

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

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

(a)manufactured by the manufacturer of the vehicle in question, and

(b)registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this PartE+W+S

5.—(1) For the purposes of paragraph 2(3)(c)—

(a)at any material time before the 5th November 1993, “relevant state” means a member State;

(b)in relation to any time on or after 5th November 1993 but before 1st May 1995, “relevant state” means an EEA State other than Liechtenstein; and

(c)in relation to any time on or after 1st May 1995, “relevant state” means any EEA State.

(2) For the purposes of this paragraph—

“EEA agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on the 17th March 1993; and

“EEA State” means a State which is a contracting party to the EEA agreement.

Meaning of “relevant period” for the purposes of this PartE+W+S

6.  For the purposes of this Part, “the relevant period” in relation to an item numbered 8, 9 or 11 in Table II in regulation 61 is the period—

(a)beginning on the date specified in column 2 of the Table below against that item; and

(b)ending immediately before the date specified in column 3 of the Table below against that item.

THE TABLE
12345
Item in Table II in regulation 61Date on which the relevant period begins:Date immediately before which the relevant period ends.Date before which type approval etc. needs to be grantedDate in column 3 of Table II in regulation 61
81st August 19901st September 19921st July 199231st December 1992
91st April 19911st October 19931st October 19931st October 1993
111st August 19921st August 19941st October 19931st October 1994

PART IIIE+W+SMEANING OF “NON-TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Meaning of “non-type approval end of series vehicle” in paragraph 1E+W+S

7.—[F25(1) For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision.]

[F26(2) A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if—]

(a)it is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations [F27nor the EC Whole Vehicle Type Approval Regulations] [F28nor the Vehicle Approval Regulations] apply;

(b)it was manufactured during the relevant period;

(c)no EC certificate of conformity has been issued in respect of the vehicle;

(d)it was in the territory of a relevant state at some time before the end of the relevant period; and

(e)the number of relevant vehicles which were both—

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the date specified in column 3 in the item [F29or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive, is less than the specified number, or 100, whichever is the greater.]

Textual Amendments

Meaning of “relevant vehicle” for the purposes of this PartE+W+S

8.  For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item [F30, or provision], a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)meets the requirements specified in paragraphs (a) to (d) of paragraph 7(2);

[F31(b)is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);]

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

(d)had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the relevant period.

Textual Amendments

Meaning of “specified number” for the purposes of this PartE+W+S

9.—(1) For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item [F32or provision], “the specified number” is [F3330%] of the total number of vehicles that—

(a)are vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations [F34nor the EC Whole Vehicle Type Approval Regulations] apply; and

(b)meet the requirements of sub-paragraph (2).

(2) A vehicle meets the requirements of this paragraph if it—

[F35(a)is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);]

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

(c)was registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of that item [F36or, in relation to [F37any provision of any Community Directive specified in] item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive].

Textual Amendments

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this PartE+W+S

10.  Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 7(2)(d) as it has effect for the purposes of paragraph 2(3)(c).

Meaning of “relevant period” for the purposes of this PartE+W+S

11.  For the purposes of paragraphs 7(2)(d), “the relevant period”—

(a)in relation to an item numbered 9 or 11 in Table II in regulation 61 is the period—

(i)beginning on the date specified in column 2 of the Table below against the item, and

(ii)ending immediately before the date specified in column 3 of the Table below against the item; and

(b)in relation to any item in the Table in regulation 55A or any item numbered 10 or higher (other than 11) in the said Table II is the two year period ending immediately before the date specified in column 3 of that item [F38; and

(c)in relation to [F39any provision of any Community Directive specified in] an item numbered 1 or 2 in the Table in regulation 61A is the two year period ending immediately before the date as is specified (as defined in regulation 61A) by the relevant Community Directive in the Table.]

THE TABLE
1234
Item in Table II in regulation 61Date on which relevant period beginsDate immediately before which the relevant period endsDate in column 3 of Table II in regulation 61
91st April 19911st October 19931st October 1993
111st August 19921st August 19941st October 1994

Textual Amendments

PART IVE+W+SMEANING OF “LATE ENTRY INTO SERVICE VEHICLE” IN PART I

Meaning of “late entry into service vehicle” in paragraph 1E+W+S

12.  For the purposes of paragraph 1, a vehicle is a late entry into service vehicle, in relation to an item [F40or provision], if—

(a)no EC certificate of conformity has been issued in respect of the vehicle;

(b)it was in the territory of a relevant state at some time before the date specified in column 3 of the item [F41or, in relation to [F42any provision of any Community Directive specified in] item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive];

(c)it was manufactured at least two years before that date.

Textual Amendments

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this PartE+W+S

13.  Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 12(b) as it has effect for the purposes of paragraph 2(3)(c).]

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