The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 1341

ROAD TRAFFIC

The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1992

Made

4th June 1992

Laid before Parliament

8th June 1992

Coming into force

1st July 1992

The Secretary of State for Transport, in exercise of the powers conferred by sections 54(1) and 61 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:—

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1992 and shall come into force on 1st July 1992.

Preliminary

2.  The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(2) are further amended in accordance with the following provisions.

Amendments as to exhaust emissions

3.—(1) In regulation 4—

(a) in paragraph (3), for “If a vehicle or vehicle part” there is substituted “Save as provided in paragraph (3A) of this regulation, if a vehicle or vehicle part”;

(b) after paragraph (3) there is inserted the following new paragraph—

“(3A) The provisions of paragraph (3) of this regulation do not apply in respect of items 4C, 4D, 4E and 4F in Schedule 1.”;

(c) in paragraph (11), for “item 4C, and column (5) of items 4D, 4E and 27” there is substituted “items 4C, 4D, 4E, 4F and 27, and column (6) of items 25 and 26”.

(2) In Schedule 1—

(a) for item 4D, there is substituted item 4D as specified in Schedule 1 to these regulations;

(b) in item 4E, in column (6), there is inserted “See regulation 4(11) and Schedule 1B”;

(c) after item 4E, there is inserted the new items 4F, 4G, 4H and 4J as specified in Schedule 1 to these regulations;

(d) in item 25, in column (6), there is inserted “See regulation 4(11) and Schedule 1B”;

(e) in item 26, in column (6), there is inserted “See regulation 4(11) and Schedule 1B”; and

(f) in item 27, in column (6), there is inserted “See regulation 4(11) and Schedule 1B”.

(3) In Part 1 of Schedule 1B—

(a) in paragraph 2, after “4E” there is inserted “4F, 25, 26”;

(b) in paragraph 3(1)(a), for the words “sub-paragraph (2)” there is substituted “sub-paragraphs (2) or (3)”; and

(c) after paragraph 3(2) there are added the following sub-paragraphs—

“(3) This sub-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 the 1st July 1992 in accordance with Council Directive 88/77/EEC(3).

(4) Expressions used in paragraph (3), which are also used in article 3 of Council Directive 91/542/EEC(4), have the same meaning as in that article.”

(4) For Part II of Schedule 1B there is substituted a new Part II as specified in Schedule 2 to these regulations.

Amendments as to seat belts and their anchorages

4.  In regulation 4, after paragraph (8) there is inserted the following new paragraph—

“(8A) Where, in relation to items 12A(1), 12A(2) and 12A(3) in Schedule 1, a date is specified in column (6) of that Schedule (being a date of cessation of application of type approval requirements), that date shall not apply to any vehicle for which, or for a model of which, there is a type approval certificate or (as the case may be) a Minister’s approval certificate in force at that date.”

5.  In Schedule 1 for item 12A there is substituted items 12A(1), 12A(2) and 12A(3) as specified in Schedule 3 to these regulations.

Signed by authority of The Secretary of State for Transport

Kenneth Carlisle

Parliamentary Under Secretary of State,

Department of Transport

4th June 1992

Regulations 3(20(a) and (c)

SCHEDULE 1

(1)	(2)	(3)			(4)	(5)	(6)
Item No	Subject Matter	Particulars of instrument or other document containing requirements and of the nature of the requirement			Vehicles exempted from requirement	Date of application	Date of cessation of application
		(a)	(b)	(c)
		Description, reference number and date of instrument	Official Journal reference of Community Instrument	Nature of requirement and place in instrument where stated
4D	Exhaust emissions	Council Directive 70/220/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976, Commission Directive 78/665/EEC of 14 July 1978, Council Directive 83/351/EEC of 16 June 1983 and Council Directive 88/76/EEC of 3 December 1987.	L76, 6.4.70, p1 (SE 1970 (I) p171), L159, 15.6.74 p61, L32, 3.2.77, p32, L223, 14.8.78, p48, L197, 20.7.83, p1 and L36, 9.2.88, p1.	Design construction and equipment requirements in Annexe I paragraph 6 and either: (a) paragraph 5 as modified by paragraph 8.1 in the case of vehicles to which 8.1 applies and paragraph 5 in the case of any other vehicle; or (b) paragraph 8.3 and paragraph 5 as modified by paragraph 8.3.	1.  Vehicles propelled by compression ignition engines and whose maximum gross weight exceeds 3500 kg. 2.  Vehicles fuelled by liquid petroleum gas.	See regulation 4(11) and Schedule 1B.	See regulation 4(11) and Schedule 1B.
		or
		Council Directive 70/220/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976, Commission Directive 78/665/EEC of 14 July 1978, Council Directive 83/351/EEC of 16 June 1983, Council Directive 88/76/EEC of 13 December 1987 and Council Directive 88/436/EEC of June 1988, as corrected on 8 November 1988.	L76, 6.4.70, p1 (SE 1970 (I) p171), L159, 15.6.74, p61, L32, 3.2.77 p32, L223, 14.8.78, p48, L197, 20.7.83, p1, L36, 9.2.88, p1, and L214, 6.8.88, p1.	Design, construction and equipment requirements in Annexe I paragraph 6 and either: (a) paragraph 5 as modified by paragraph 8.1 in the case of vehicles to which 8.1 applies and paragraph 5 in the case of any other vehicle; or (b) paragraph 8.3 and paragraph 5 as modified by paragraph 8.3.		See regulation 4(11) and Schedule 1B	See regulation 4(11) and Schedule 1B
		or
		Council Directive 70/220/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976, Commission Directive 78/665/EEC of 14 July 1978, Council Directive 83/351/EEC of 15 June 1983, Council Directive 88/76/EEC of 3 December 1987, Council Directive 88/436/EEC of 16 June 1988 and Council Directive 89/458/EEC of 3 August 1989. Commission Directive 89/491/EEC of 17 July 1989.	L76, 6.4.70, p1 (SE 1970 (I) p171), L159, 15.6.74, p61, L32, 3.2.77, p32, L223, 14.8.78, p48, L197, 20.7.83, p1, L36, 9.2.88, p1, L214, 6.6.88, p1, L226, 3.8.89, p1 and L238,15.8.89, p43.	Design, construction and equipment requirements in Annexe I paragraph 6 and either: (a) paragraph 5 as modified by paragraph 8.1 applies and paragraph 5 in the case of any other vehicle, or (b) paragraph 8.3 and paragraph 5 as modified by paragraph 8.3.	1.  Vehicles propelled by compression ignition engines and whose maximum gross weight exceeds 3500 kg. 2.  Vehicles fuelled by liquid petroleum gas.	1.7.1992	See regulation 4(11) and Schedule 1B.
4F	Exhaust emission	ECE Regulation 83 of 5 November 1989.		Design, construction and equipment requirements as prescribed in paragraphs 5 (except 5.2.1.1.4.1), 5 and Annex I, Part B.	1.  Vehicles propelled by compression ignition engines with less than 4 wheels. 2.  Vehicles with an unladen mass of less than 400 kg. 3.  Vehicles with a design maximum speed of less than 30 mph. 4.  Vehicles fuelled by liquid petroleum gas.	1.7.1992	See regulation 4(11) and Schedule 1B.
4G	Exhaust emissions	Council Directive 70/200/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976, Commission Directive 78/665/EEC of 14 July 1978, Council Directive 83/351/EEC of 16 June 1983, Council Directive 88/76/EEC of 3 December 1987, Council Directive 88/436/EEC of 16 June 1988 and Council Directive 89/458/EEC of 3 August 1989. Commission Directive 89/491/EEC of 17 July 1989, Council Directive 91/441/EEC of 26 June 1991.	L76, 6.4.70, p1 (SE 1970 (I) p171), L159, 15.6.74, p61, L32, 3.2.77, p32, L223, 14.8.78, p48, L197, 20.7.83, p1, L36, 9.2.88, p1, L214, 6.8.88, p1, L226, 3.8.89, p1, L238, 15.8.89, p43 and L242, 30.8.91, p1.	Design, construction and equipment requirements in Annexe I paragraph 6 and either: (a) as modified by paragraph 8.1 applies and paragraph 5 in the case of any other vehicle, or (b) paragraph 8.3 and paragraph 5 as modified by paragraph 8.3.	1.  Vehicles propelled by compression ignition engines and whose maximum gross weight exceeds 3500 kg. Paragraph 5 2.  Vehicles 2.  Vehicles fuelled by liquid petroleum gas.	1.7.1992
4H	Exhaust emissions	Council Directive 88/77/EEC of 3 December 1987 Council Directive 91/542/EEC of 1 October 1991.	L36, 9.2.88, p33 and L295, 25.10.91, p1.	Design, construction and equipment requirements in Annex I, paragraph 6.	1.  Vehicles propelled by spark ignition engines. 2.  Vehicles whose maximum gross weight does not exceed 3500 kg. 3.  Vehicles with less than 4 wheels if they are constructed not to exceed 30 mph on the level under their own power, or if they have an unladen weight of less than 400 kg. 4.  Vehicles fuelled by liquid petroleum gas.	1.7.1992
4J	Gaseous emissions	Council Directive 70/220/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976 and Commission Directive 78/665/EEC of 14 July 1978 and Council Directive 83/351/EEC of 16 June 1983.	L76, 6.4.70, p1 (SE 1970 (I) p171), L159, 15.6.74, p61, L32, 3.2.77, p32, L223, 14.8.78, p48, and L197, 20.7.83, p1.	Design, construction and equipment requirements in Annex I, paragraphs 5 and 6 and, in relation to vehicles designed to carry more than 6 persons, paragraph 8.1.	1.  Vehicles with 4 or more wheels. 2.  Vehicles fuelled solely by liquid petroleum gas.	1.7.1992
		or
		Council Directive 70/220/EEC of 20 March 1970 as amended by Council Directive 74/290/EEC of 28 May 1974, Commission Directive 77/102/EEC of 30 November 1976, Commission Directive 78/665/EEC of 14 July 1978, Council Directive 83/351/EEC of 16 June 1983, Council Directive 88/76/EEC of 3 December 1987, Council Directive 88/436/EEC of 16 June 1988, Council Directive 89/458/EEC of 3 August 1989, Commission Directive 89/491/EEC of 17 July 1989, and Council Directive 91/441/EEC of 26 June 1991.	L76, 6.4.670, p1 (SE 1970 (I) p171), L159, 15.6.74, p61, L32, 3.2.77, p32, L223, 14.8.78, p48, L197, 20.7.83, p1, L36, 9.2.88, p1, L214, 6.8.88, p1, L226, 3.8.89, p1, L238, 15.8.89, p43 and L242, 30.8.91, p1.	Design, construction and equipment requirements in Annexe I paragraph 6 and either: (a) paragraph 5 as modified by paragraph 8.1 applies and paragraph 5 in the case of any other vehicle. or (b) paragraph 8.3 and paragraph 5 as modified by paragraph 8.3.		1.7.1992
		or
		ECE Regulation 15 as revised on 20 October 1981, corrected on 9 June 1982 and amended on 1 June 1984.		Design, construction and equipment requirements in paragraph 5 and 6 and, in relation to vehicles designed to carry more than 6 persons, paragraph 12.9.		1.7.1992
		or
		ECE Regulation 83 of 5 November 1989.		Design, construction and equipment requirements as prescribed in paragraphs 5, (except 5.2.1.1.4.1.), 6 and Annex I. Part B.		1.7.1992

Regulation 3(4)

SCHEDULE 2

PART II TABLE (SEE PART I)

(1)	(2)	(3)		(4)
Item in Schedule 1	Class of vehicle	Application Date		Cessation Date
		(a)	(b)	(a)	(b)
4C	1.  Vehicles propelled by spark ignition engines, constructed or adapted to carry not more than 5 passengers excluding the driver, or with a maximum gross weight of not more than 2500 kg, not being an off-road vehicle in either case, and which has an engine capacity of:
	(a) less than 1400 cc	} See Schedule 1 item 4C	See Schedule 1 item 4C {	30.6.92	30.12.92
	(b) not less than 1400 cc and not more than 2000 cc			30.9.91	30.12.92
	(c) more than 2000 cc			30.9.91	30.9.92
	2.  Other vehicles propelled by spark ignition engines, with a maximum gross weight of:
	(a) not more than 2000 kg	} See Schedule 1 item 4C	See Schedule 1 item 4C {	30.9.90	30.9.91
	(b) not less than 2000 kg and not more than 3500 kg, with an engine capacity of:
	(i) less than 1400 cc	} See Schedule 1 item 4C	See Schedule 1 item 4C {	30.6.92	30.12.92
	(ii) not less than 1400 cc			30.6.92	30.6.92
	(c) more than 3500 kg, with an engine capacity of:
	(i) less than 1400 cc	} See Schedule 1 item 4C	See Schedule 1 item 4C {	30.6.92	30.12.92
	(ii) not less than 1400 cc			30.6.92	30.12.92
	3.  Vehicles propelled by compression ignition, direct injection engines constructed or adapted to carry not more than 5 passengers excluding the drivers, or with a maximum gross weight of not more than 2500 kg, not being an off-road vehicle, and which has an engine capacity of not less than 1400 cc and not more than 2000 cc.	1.10.90	1.10.90	30.6.92	30.12.92
	4.  All other vehicles propelled by compression ignition engines.	1.10.90	1.10.90	30.6.92	30.12.92
4D	1.  Vehicles propelled by spark ignition engines with a maximum gross weight of:
	(a) not more than 3500 kg	1.7.88	1.7.88	30.6.92	30.12.92
	(b) more than 3500 kg	1.10.90	1.10.90	30.6.92	30.12.92
	2.  Vehicles propelled by compression ignition engines.	1.10.90	1.10.90	30.6.92	30.12.92
4E	All vehicles	1.10.90	1.10.90	30.6.92	30.9.93
4F	All vehicles	1.7.92	1.7.92	30.6.92	30.12.92
25	All vehicles	See Schedule 1A	See Schedule 1A	30.6.92	30.12.92
26	All vehicles	See Schedule 1A	See Schedule 1A	30.6.92	30.12.92
27	All vehicles	1.10.90	1.10.90	30.6.92	30.9.93

Regulation 5

SCHEDULE 3

(1)	(2)	(3)			(4)	(5)	(6)
Item No	Subject Matter	Particulars of instrument or other document containing requirements and of the nature of the requirement			Vehicles exempted from requirement	Date of application	Date of cessation of application
		(a)	(b)	(c)
		Description, reference number and date of instrument	Official Journal reference of Community Instrument	Nature of requirement and place in instrument where stated
12A(1)	Seat belts	Council Directive 77/541/EEC of 28 June 1977.	L220, 29.8.77, p95.	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2.	Vehicles which have been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability if– (a) the drivers seat and the specified passenger seat (if any) has either a disabled persons seat belt or a seat belt which complies with column 3; and (b) not seat belt is fitted to any other forward facing seat other than a disabled persons seat belt or a seat belt which complies with column 3. (The definitions shown in regulation 47 of the Construction and Use Regulations apply to this item)	1.10.1980	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981 and Commission Directive 92/319/EEC of 2 April 1982.	L220, 29.8.77, p95, L209. 29.7.81, p32 and L139, 19.5.82, p17.	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2		11.4.1983	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981, Commission Directive 82/319/EEC of 2 April 1982 and 90/628/EEC of 30 October 1990.	L220, 29.8.77, p95, L209, 29.7.81, p32, L139, 19.5.82, p17 and L341, 6.12.90, p1.	Marking requirements in Annex III, paragraphs 1.1, 1.1.1 and 1.1.2.		1.7.1992
		or
		ECE Regulation 16 as revised on 9 December 1979 and corrected on 25 June 1981.		Marking requirements in paragraphs 4, 5.4.2.1 and 5.4.2.2.		1.10.1980	30.6.1992
		or
		ECE Regulation 16 as revised on 9 December 1979 and corrected on 25 June 1981 and amended on 22 December 1985.		Marking requirements in paragraphs 4, 5.4.2.1 and 5.4.2.2.		1.10.1987	30.6.1992
12A(2)	Seat belt anchorages	Council Directive 76/115/EEC of 18 December 1975	L24, 30.1.76, p6.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		1.10.1979	30.6.1992
		or
		Council Directive 76/115/EEC of 18 December 1975 as amended by Council Directive 81/575/EEC of 20 July 1981 and Commission Directive 82/318/EEC of 2 April 1982.	L24, 30.1.76, p6, L209, 29.7.81, p30 and L139, 19.5.82, p9.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		11.4.1983	30.6.1992
		or
		Council Directive 76/115/EEC of 18 December 1975 as amended by Council Directive 81/575/EEC of 20 July 1981 Commission Directive 82/318/EEC of 2 April 1982 and Commission Directive 90/629/EEC of 30 October 1990.	L24, 30.1.76, p6, L209, 29.7.81, p30, L139, 19.5.82, p9 and L341, 6.12.90 p14.	Design, construction and equipment requirements in Annex I paragraphs 4 and 5 and Annex III.		1.7.1992
		or
		ECE Regulation 14 as revised on 28 April 1976 and corrected on 4 August 1977, 19 July 1978 and in 1979.		Design, construction and equipment requirements in paragraphs 5, 6 and 7 and Annex 3.		1.10.1979	30.6.1992
		or
		ECE Regulation 14 as revised on 28 April 1976 and corrected on 4 August 1977, 19 July 1978, in September 1979 and amended and corrected on 22 November 1984.		Design, construction and equipment requirements in paragraphs 5, 6 and 7 and Annex 3.		26.5.1986	30.6.1992
12A(3)	Installation of seat belts	Council Directive 77/541/EEC of 28 June 1977.	L220, 29.8.77, p95.	Installation requirements in Annex I, paragraph 3 with the omission of the words in 3.1 “must comply with all the provisions of this Directive” and of 3.2.1.	Vehicles which have been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect of disability if: (a) the drivers seat and the specified passenger seat (if any) has either a disabled persons seat belt or a seat belt which complies with column 3; and (b) No seat belt is fitted to any other forward facing seat other than a disabled persons seat belt or a seat belt that so complies. (The definitions shown in regulation 47 of the Construction and Use Regulations apply to this item)	1.10.1979	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981 and Council Directive 82/319/EEC of 2 April 1982.	L220, 29.8.77, p95, L209, 29.7.81, p32 and L39, 19.5.82, p17.			11.4.1984	30.6.1992
		or
		Council Directive 77/541/EEC of 28 June 1977 as amended by Council Directive 81/576/EEC of 20 July 1981, Council Directive 82/319/EEC of 2 April 1982 and 90/628/EEC of 30 October 1990.	L220, 29.8.77, p95, L209, 29.7.81, p32, L39, 19.5.82, p17 and L341, 6.12.90, p1.			1.7.1992

Explanatory Note

(This note is not part of the Regulations)

These regulations further amend the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984.

These amendments introduce new type approval requirements as to exhaust emissions and seat belt installations for the vehicles to which the regulations apply, other than vehicles which are expressly exempted. The new type approval requirements for exhaust emissions are contained in the Council and Commission Directives mentioned in the third alternative in item 4D in Schedule 1 to the regulations, the ECE Regulation mentioned in item 4F of that Schedule, the Council and Commission Directives mentioned in item 4G of that Schedule and the Council Directive mentioned in item 4H of that Schedule. The requirements for three-wheeled vehicles are specified in a new item 4J of that Schedule. Also, new provisions are made about the dates of the cessation of the requirements as to fuel, fuel input and particulate emissions respectively specified in items 25, 26 and 27 in Schedule 1 to the 1984 regulations as a result of the addition to that Schedule of new items 4G and 4H.

The new type approval requirements as to seat belt installations are contained in the Council and Commission Directives mentioned in the third alternative in item 12A(1) in Schedule 1 to the regulations, the Council and Commission Directives mentioned in the third alternative in item 12A(2) in that Schedule, the Council Directives mentioned in the third alternative in item 12A(3) in that Schedule and the ECE Regulations mentioned in the sixth and seventh alternatives in that item. Additionally, minor amendments have been made this item to clarify its interpretation.

Copies of the Council and Commission Directives and of the ECE Regulations referred to in the amendments to the regulations can be obtained from Her Majesty’s Stationery Office.

(1)

1988 c. 52.

(2)

S.I. 1984/981; relevant amending instruments are S.I. 1984/1761, 1986/739, 1987/1509, 1988/1522, 1989/1580, 1990/94 and 1990/1839.

(3)

OJ L36, 9.2.88, p. 33.

(4)

OJ L295, 25.10.91, p. 1.