Citation and Commencement
1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.
Preliminary
2. The Road Vehicles (Construction and Use) Regulations 1986(1) shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3. In regulation 3, before paragraph (3), there shall be inserted the following paragraph—
“(2A) Without prejudice to section 17 of the Interpretation Act 1978(2) and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.”.
Amendments to regulation 61 (exhaust emissions)
4.—(1) Regulation 61 shall be amended as follows.
(2) In paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b)if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.”.
(3) In paragraph (7), after “(7A),”, there shall be inserted “(7B), (7C), (7D),”.
(4) After paragraph (7A), there shall be inserted the following paragraphs—
“(7B) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations(3) applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
(7C) In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations(4) applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
(7D) For the purposes of paragraph (7C) above, in relation to a vehicle (“the vehicle in question”),—
(a)“specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both—
(i)manufactured by the manufacturer of the vehicle in question; and
(ii)registered under the Vehicles (Excise) Act 1971(5) during the period beginning with 1st October 1992 and ending with 30th September 1993;
or 50 whichever is the greater; and
(b)“a relevant vehicle” is a vehicle which—
(i)is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations;
(ii)was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993;
(iii)was in the territory of a member State at some time before 1st October 1993;
(iv)was in existence on 1st October 1993; but
(v)had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993.”.
(5) In paragraph (11)(c), for “or 10” there shall be substituted “, 10 or 11”.
(6) In column 4 of item 3 of Table I, sub-paragraph (b) shall be omitted.
(7) For Table II, there shall be substituted the Table set out in the Schedule to these Regulations.
Consequential amendments
5.—(1) In Table I of Schedule 2, after item 67, there shall be inserted the following item—
| “68 | 93/59 | 28.6.93 | Measures to be taken against air pollution by emissions from motor vehicles | 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458 and 91/441 | 4K | 2I” |
(2) In Table II of Schedule 2—
(a)after item 21AA there shall be inserted the following item—
| “21AB | 49.02 | 49 | 15.4.82 | Emissions of gaseous pollutants | 30.12.92” |
(b)after item 24 there shall be inserted the following items—
| “25 | 83 | 83 | 5.11.89 | Emissions of gaseous pollutants | — | 4F | 2H |
| 26 | 83.01 | 83 | 5.11.89 | Emissions of gaseous pollutants | 30.12.92 | 4K | 2F” |
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993