The Road Vehicles (Construction and Use) (Amendment) Regulations 2011

End-of-series exemption

3.  After regulation 61B, insert—

“End-of-series exemption

61C.— (1) The emissions requirements in European Community Regulation 715/2007(1) shall have effect for category N₁ class I end-of-series vehicles from the first anniversary of the relevant date.

(2) The emissions requirements in European Community Regulation 595/2009(2) shall have effect for category N₂ and N₃ end-of-series vehicles from the first anniversary of the relevant date.

(3) For the purpose of this regulation, “relevant date” means—

(a) for category N1 class I vehicles, 1st January 2011, and

(b) for category N2 and N3 vehicles, 31st December 2013.

(4) For the purpose of paragraphs (1) and (2), a vehicle is an end-of-series vehicle if—

(a) at least three months before the relevant date, a certificate of conformity or a sub-MAC was in force for the vehicle, and the MAC or TAC (as the case may be) had been issued by virtue of an emissions requirement that—

(i) then applied to the vehicle, but

(ii) ignoring this regulation, would have ceased to apply on the relevant date; and

(b) it is in the territory of an EEA state on the relevant date.

(5) In this regulation—

“category N₁ class I” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass not exceeding 1,305 kilograms;

“category N₂ and N₃” have the meaning given in Annex II to Community Directive 2007/46;

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

“reference mass” has the meaning given in Article 3(3) of European Community Regulation 715/2007;

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

“TAC” means a type approval certificate.”

(1)

Regulation (EC) No. 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles (Euro 5 and 6) and on access to vehicle repair and maintenance information (OJ No. L171, 29.6.2007, p.1).

(2)

Regulation (EC) No. 595/2009 of the European Parliament and of the Council of 18 June 2009 on type approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No. 715/2007 and Directive 2007/46/EC and repealing 80/1269/EEC and 2005/78/EC (OJ No. L188, 18.7.2009, p.1).