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SCHEDULE 3

PART I

1.  This Schedule has effect subject to Schedule 4.

2.  Where an entry in column (5) or (6) of an item in Part I of Schedule 1 comprises the words “See regulation 7(15) and Schedule 3” these Regulations shall have effect as if for that entry there were substituted the date determined in accordance with the following provisions of this Schedule.

3.  In relation to the vehicles described in column (2) of the Table in Part II, the date determined in accordance with paragraphs 4 and 5 shall be the date specified for the purposes of column (5) in items 4C, 4D, 4E, 4F, 4G, 4K, 14E, 14F, 25, 26 and 27 in Part I of Schedule 1.

4.—(1) In a case where paragraph 5 or 6 applies, the date referred to in paragraph 3 shall be the date specified in column (3)(b) of the Table.

(2) In any other case, the date shall be the date specified in column 3(a) of the Table.

5.  This paragraph applies where—

(a)there is, or was on the date specified in column (3)(a) of the Table against that item, in force a type approval certificate in respect of a type vehicle and the vehicle in question conforms with that type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in that certificate; or

(b)there was on that date, in force in respect of another vehicle, a Department’s approval certificate and the vehicle in question conforms with the other vehicle as regards the relevant aspects of design, construction, equipment and marking.

6.  This paragraph applies in relation to item 4E where a vehicle is fitted with an engine which is described in the Annex to a type approval certificate granted before 31st December 1992 in accordance with Council Directive 88/77/EEC(1).

7.  Expressions used in paragraph 6, which are also used in Article 3 of Council Directive 91/542/EEC(2), have the same meaning as in that Article.

8.  In relation to the vehicles described in column (2) of the Table in Part II, the date determined in accordance with paragraphs 9 and 10 shall be the date specified for the purposes of column (6) in items 4C, 4D and 4E in Part I of Schedule 1.

9.—(1) In a case where paragraph 10 applies, the date referred to in paragraph 8 shall be the date specified in column (4)(b) of the Table.

(2) In any other case, the date shall be the date specified in column (4)(a) of the Table.

10.  This paragraph applies where—

(a)there is, and was on the date specified in column (4)(a) of the Table against that item, in force a type approval certificate in respect of a type vehicle and the vehicle in question conforms with that type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in that certificate; or

(b)there was on that date, in force in respect of another vehicle, a Department’s approval certificate and the vehicle in question conforms with the other vehicle as regards the relevant aspects of design, construction, equipment and marking.

(1)

O.J. L36, 9.2.88, p. 33

(2)

O.J. L295, 25.10.91, p. 1