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

Amendment of Part I of Schedule 1 (type approval requirements) E+W+S

6.—(1) Part I of Schedule 1 is amended as follows.

(2) Omit items 2, 2A and 2B.

(3) In item 2C—

(a) in column (3), for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”;

(b) in column (4), for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(c) in column (5), omit “1.1.2007”.

(4) After item 2C insert—

“2CA	Emissions	Directive 2006/40/EC.	The maximum rate of leakage referred to in Article 5(3) measured in accordance with the harmonised leakage detection test referred to in Article 7(1)(1).	1. Vehicles other than of category N1 class I. 2. Vehicles of category N1 class I not fitted with an air-conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150.		31.12.2016
2CB	Emissions	Directive 2006/40/EC.	The requirement with respect to design, construction or equipment in Article 5(5).	Vehicles other than of category N1 class I.	1.1.2017”

(5) Omit items 2D, 2E, 2F and 2G.

(6) In item 2H—

(a) in column (4), paragraph 2, for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(b) in column (5), omit “1.1.2007”.

(7) Omit item 2I.

(8) For items 2J and 2K, substitute—

“2J	Diesel emissions	Directive 2005/55/EC, or the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.	Articles 3 and 4 and Annexes I to VIII. For vehicles propelled by compression-ignition engines the limit values are those specified in row B1 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B1 of Table 2 in section 6.2.1 of Annex I.	1. Vehicles which comply with the requirements in item 2C. 2. Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.		30.9.2009
2K	Diesel emissions	Directive 2005/55/EC, or the ECE Regulation set out in the second column of the table in part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.	Articles 3 and 4 and Annexes I to VIII. For vehicles propelled by compression-ignition engines the limit values are those specified in row B2 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B2 of Table 2 in section 6.2.1 of Annex I.	1. Vehicles which comply with the requirements in item 2C. 2. Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.	1.10.2009”

(9) For item 3, substitute—

“3

Diesel smoke

Council Directive 72/306/EEC of 2nd August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles(2), Commission Directive 2005/78/EC of 14th November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council 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 and amending Annexes I, II, III, IV and VI thereto(3), or the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

The requirements in the Annexes with respect to the design, construction, equipment or marking of vehicles. The requirements in Annex VI with respect to the design, construction, equipment or marking of vehicles.

Vehicles not propelled by compression-ignition engines.”

(10) In items 4 and 4A, in column (3), for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”.

(11) In item 5, in column (3)—

(a) after “of vehicles” insert “as amended by Directive 89/491/EEC(4)”; and

(b) for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”.

(12) In item 6, in column (3), for “Directive 70/156/EEC” substitute “Directive 2007/46/EC”.

(13) Omit item 9.

(14) In item 9A, in column (4), for paragraphs 2 and 3 substitute—

2. Vehicles of category N2 and N3 having, in either case, a maximum design speed of 25 kilometres per hour or less. 3. Vehicles of category N2 or N3 to which a speed limitation device is not fitted.

(15) In item 12—

(a) in column (3), for “making” substitute “marking”; and

(b) in column (5), omit “4.2.2004”.

(16) After item 12 add—

“13	Consumption and emissions	Council Directive 80/1268 of 16th December 1980 on the approximation of the laws of the Member States relating to the carbon dioxide emissions and the fuel consumption of motor vehicles(5), or the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.	Points 4 to 7 of Annex I.	Vehicles of category N2 or N3.
14	Fuel tanks	Council Directive 70/221/EEC of 20th March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection for motor vehicles and their trailers(6), or the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.	Design, construction and equipment requirements in sections 5.9 and 5.9.1 in Annex I.	Vehicles which meet the requirements of section 5.9 in Annex I and those of section 5.1.3 of Annex I to Directive 70/220/EEC.”

Commencement Information

I1 Reg. 6 in force at 26.8.2009, see reg. 1

(1)

Commission Regulation (EC) No. 706/2007 (OJ No. L161, 22.6.2007, p.33) lays down the harmonised leakage detection test for the purpose of Article 5(3).

(2)

OJ No. L190, 20.8.72, p.1, as last amended by Commission Directive 2005/21/EC (OJ No. L61, 8.3.2005, p.25).

(3)

OJ No. L313, 29.11.2005, p.1, as last amended by Commission Directive 2008/74/EC (OJ No. L192, 19.7.2008, p.51).

(4)

OJ No. L238, 15.8.89, p.43.

(5)

OJ No. L375, 31.12.80, p.36, as last amended by Directive 2004/3/EC, OJ No. L49, 19.2.2004, p.36.

(6)

OJ No. L76, 6.4.70, p.23, as last amended by Council Directive 2006/96/EC (OJ No. L363, 20.12.2006, p.81).