The Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001

Citation and commencement

1.  These Regulations may be cited as the Passenger Car (Fuel Consumption and CO₂ Emissions Information) Regulations 2001 and shall come into force on 21st November 2001.

Disapplication of the Passenger Car Fuel Consumption Order

2.  Article 4 of the Passenger Car Fuel Consumption Order 1983(1) shall have effect with the addition of the following sub-paragraph at the end of paragraph (1)—

“(d) cars to which the Passenger Car (Fuel Consumption and CO₂ Emissions Information) Regulations 2001 apply”.

Interpretation

3.—(1) In these Regulations—

“the 1998 Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(2);

“dealer” means a retailer or other person who displays or offers for sale or lease new passenger cars to end users;

“EC certificate of conformity” means a EC certificate of conformity issued by a manufacturer under regulation 5 of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 6 of the Framework Directive;

“EC type approval certificate” means a type approval certificate issued by the Secretary of State under regulation 4(5) of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 4 of the Framework Directive;

“enforcement authority” means—

(a)

in England and Wales and Scotland, the Secretary of State or a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985(3); and

(b)

in Northern Ireland, the Department of Enterprise, Trade and Investment;

“the Framework Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers(4) as last amended by Council Directive 2000/40/EC of 10th August 2000(5);

“fuel economy guide” means the publication containing official fuel consumption and official specific emissions of CO₂ figures, which is published by the Department for Transport, Local Government and the Regions for the purposes of Article 4 of Council Directive 1999/94/EC of 13th December 1999(6) and which meets the requirements specified in Schedule 1;

“fuel economy label” means a label which contains the official fuel consumption and official specific emissions of CO₂ figures for a model of new passenger car and which meets the requirements specified in Schedule 2;

“make”, in relation to a passenger car, means the trade name of the manufacturer appearing on the EC certificate of conformity and the EC type approval certificate relating to that car;

“model”, in relation to a passenger car, means the commercial description of its make and type, and any variant or version covered by that description;

“new passenger car” means a passenger car which has not previously been sold to a person who bought it for a purpose other than that of selling or supplying it;

“official fuel consumption” means, in relation to a model of passenger car, the fuel consumption figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC of 16th December 1980(7) and contained in the relevant EC type approval certificate or EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;

“official specific emissions of CO₂” means, in relation to a model of passenger car, the specific emissions of CO₂ figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC and contained in the relevant EC type approval certificate or the EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;

“passenger car” means a motor vehicle to which these Regulations apply by virtue of regulation 4;

“point of sale” means a location where new passenger cars are displayed or offered for sale or lease and includes a car showroom or forecourt and a trade fair where new cars are presented to the public;

“promotional literature” means all printed matter used in the marketing, advertising and promotion of a new passenger car for sale or lease to the general public;

“supplier” means the manufacturer of a passenger car or any person authorised to act on that person’s behalf within the Community;

“type”, “variant” and “version” have the same meaning as in Annex II B of the Framework Directive.

Application

4.  These Regulations apply to motor vehicles with at least four wheels (excluding quadricycles as defined in Article 1(3) of Council Directive 92/61/EEC of 30th June 1992(8)) which are within category M1 of Annex II of the Framework Directive and which—

(a) have been manufactured to conform with a vehicle type approval granted pursuant to the Framework Directive;

(b) emit at any time CO₂, hydrocarbons or carbon monoxide; and

(c) are not special purpose vehicles as specified in Article 4(1)(a) of the Framework Directive.

Suppliers' duty in respect of the provision of official fuel consumption and official specific emissions of CO₂ figures

5.—(1) A supplier of a new passenger car shall, on request by a dealer, provide free of charge to the dealer the official fuel consumption and official specific emissions of CO₂ figures for any model of passenger car manufactured by that supplier.

(2) Where a dealer makes a request for the purposes of paragraph (1), the supplier shall ensure that the information requested is provided promptly to the dealer.

Dealers' duty in respect of the fuel economy label

6.  A dealer shall ensure that there is displayed in a clearly visible manner on or near each new passenger car displayed or offered for sale or lease by that dealer at a point of sale, a fuel economy label for the model to which that car belongs.

Dealers' duty in respect of the fuel economy guide

7.  Upon request by any prospective end user of any new passenger car displayed or offered for sale or lease by any dealer, a copy of the current edition of the fuel economy guide shall be provided at the point of sale by that dealer free of charge to that prospective end user.

Dealers' duty in respect of a poster or display

8.—(1) A dealer shall ensure that, in relation to each make of new passenger car displayed or offered for sale or lease to prospective end users by him at or through a point of sale, there is exhibited in a prominent position at that point of sale, a poster or display, which contains the official fuel consumption and official specific emissions of CO₂ figures for every model of that make.

(2) A poster or display for the purposes of paragraph (1)—

(a) shall comply with the requirements specified in Schedule 3; and

(b) shall be revised at least once every six months, and if any new model is to be displayed or offered for sale during the intervening period at or through a point of sale, the official fuel consumption and official specific emissions of CO₂ figures and the other requirements specified in Schedule 3 relating to that model shall be added to the poster.

Dealers' and Suppliers' duties in respect of promotional literature

9.—(1) The supplier of a model of passenger car shall ensure that all promotional literature for that model which is published or made available by him complies with the requirements specified in Schedule 4.

(2) A dealer shall ensure that all promotional literature which is published or made available by him in respect of any model of new passenger car displayed or offered for sale or lease by him complies with the requirements specified in Schedule 4.

Dealers' and Suppliers' duties in respect of confusing marks, symbols etc.

10.—(1) The requirements of paragraph (2) shall be complied with by—

(a) a dealer in respect of any fuel economy label, fuel economy guide, poster or display provided or exhibited by him in accordance with regulations 6, 7 or 8; and

(b) a dealer and a supplier in respect of any promotional literature published or made available by him in accordance with regulation 9.

(2) No mark, symbol or inscription relating to official fuel consumption or official specific emissions of CO₂ figures which does not comply with these Regulations, shall be included in any fuel economy label, poster or display, or promotional literature if it could mislead or confuse potential end users.

Enforcement and offences

11.—(1) Subject to paragraph (3) it shall be the duty of every enforcement authority to enforce these Regulations within its area.

(2) Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings in Scotland for an offence.

(3) Schedule 5 shall have effect with regard to offences, enforcement and other matters.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions.

David Jamieson

Parliamentary Under-Secretary of State,

Department for Transport, Local Government and the Regions

30th October 2001