The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1994

Statutory Instruments

1994 No. 2191

ROAD TRAFFIC

The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1994

Made

20th August 1994

Laid before Parliament

30th August 1994

Coming into force

1st October 1994.

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 powers enabling him in that behalf, 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 for Goods Vehicles) (Great Britain) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.

Preliminary

2.  The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)

3.—(1) Schedule 1B shall be amended as follows.

(2) For paragraph 1 of Part I there shall be substituted the following paragraph—

“1.   This Part of this Schedule has effect subject to Parts III and IV of this Schedule.”.

(3) After Part III, there shall be added the provisions set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under-Secretary of State,

Department of Transport

20th August 1994

Regulation 3

SCHEDULE PROVISIONS TO BE INSERTED INTO SCHEDULE 1B TO THE MOTOR VEHICLES (TYPE APPROVAL FOR GOODS VEHICLES) (GREAT BRITAIN) REGULATIONS 1982

“PART IV

1.   Item 2F of Part I of Schedule 1 shall have effect in relation to a vehicle to which this Part of this Schedule applies as if wherever the words “see regulation 4(14) and Schedule 1B” appear in column (6) there were substituted “30.9.1995”.

2.— (1) This Part of this Schedule applies on or after 1st October 1994 to a vehicle if it fulfils the following four requirements, namely—

(a) it was manufactured on or after 1st August 1992 and before 1st August 1994;

(b) either—

(i) a certificate of conformity was issued in respect of the vehicle before 1st October 1994 on the basis that it conformed with a type vehicle in respect of which a TAC had been issued before 1st October 1993; or

(ii) a sub-MAC was issued in respect of the vehicle before 1st October 1994 on the basis that it conformed with a vehicle in respect of which a MAC had been issued before 1st October 1993;

(c) it was in the territory of an EEA State at some time before 1st October 1994; and

(d) it was manufactured at a time when, out of all the relevant vehicles in existence on 1st October 1994, not more than the specified number had been manufactured.

(2) For the purposes of this paragraph, in relation to a vehicle (“the vehicle in question”),—

(a) “the specified number” is 10 per cent of the total number of vehicles to which these Regulations apply that were both—

(i) manufactured by the manufacturer of the vehicle in question; and

(ii) registered under the Vehicles (Excise) Act 1971(3) or the Vehicles Excise and Registration Act 1994(4) during the period beginning with 1st October 1993 and ending with 30th September 1994;

or 50 whichever is the greater.

(b) a “relevant vehicle” is a vehicle which—

(i) was manufactured by the manufacturer of the vehicle in question; and

(ii) satisfies the requirements of sub-paragraphs (a), (b) and (c) of paragraph 2(1) above; but

(iii) had not been registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 before 1st October 1994.

(3) In this paragraph—

“MAC” means a Minister’s approval certificate not being a sub-Mac;

“sub-MAC” means a Minister’s approval certificate issued by virtue of section 58(4) of the Road Traffic Act 1988;

“TAC”means a type approval certificate;

“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(5).

(4) For the purposes of this paragraph—

(a) a reference to a vehicle conforming with another vehicle is a reference to a vehicle conforming with another vehicle as respects the relevant aspects of design, construction, equipment and marking;

(b) a TAC relates to a vehicle where a certificate of conformity has been issued on the basis of the vehicle conforming with a type vehicle in respect of which the TAC was issued; and

(c) a MAC relates to a vehicle where a sub—MAC has been issued on the basis of the vehicle conforming with another vehicle in respect of which the MAC was issued.”

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982.

The type approval requirements relating to exhaust emissions are revised so as to defer until 1st October 1995, the compulsory application of the requirements of Council Directive 93/59/EEC in relation to a limited class of vehicles.

(1)

1988 c. 52.

(2)

S.I. 1982/1271; relevant amending instruments are S.I. 1984/697 and 1402, 1985/46, 1986/427 and 1089, 1987/ 1508, 1988/1523, 1989/1579, 1991/1021 and 1970, 1992/25, 1342 and 3084, and 1993/2200.

(3)

1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31) and was repealed by Schedule 5 to the Vehicles Excise and Registration Act 1994 (c. 22).

(4)

1994 c. 22.

(5)

Cm 2073 and 2183.