The Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Brake Linings Safety) Regulations 1999 (“the Principal Regulations”).

Regulation 3 amends definitions in regulation 2(1) of the Principal Regulations and inserts a new definition.

Regulation 4 substitutes a new regulation for regulation 5 of the Principal Regulations so as to provide for three exceptions to the prohibitions in regulation 4(1) against the supply and fitting of brake linings which do not meet the requirements of regulation 4(2). Paragraph (1) of the substituted regulation 5 repeats the exception in the original regulation 5 and paragraphs (2) and (4) add two new exceptions. All three exceptions are subject to the provision of regulation 3 of the Principal Regulations which prohibits the supply and fitting of brake linings containing asbestos. The new exceptions are permitted by the amendments made by article 3 of Commission Directive 2002/78/EC to Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC.

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/04, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: [phone]). Copies are being placed in the Libraries of each House of Parliament.

Copies of relevant Directives and ECE Regulations can be obtained from the Stationery Office. Details of the Directives and Regulations are set out below.

These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L204, 21.7.98, p. 37).

EC DIRECTIVES

Principal Instrument	Relevant Amending Instruments
Council Directive 70/156/EEC of 6th February 1970 (OJ No. L42, 23.2.70, p. 1).	Council Directive 87/403/EEC (OJ No. L220, 8.8.87, p. 44), Council Directive 92/53/EEC (OJ No. L225, 10.8.92, p. 1), Commission Directive 93/81 (OJ No. L264, 23.10.93, p. 49), Commission Directive 98/14/EC (OJ No. L91, 25.3.98, p. 1) and Commission Directive 2001/116/EC (OJ No. L18, 21.1.2002, p. 1).
Council Directive 71/320/EEC of 26th July 1971 (OJ No. L202, 6.9.71, p. 37).	Commission Directive 74/132/EEC of 11th February 1974 (OJ No. L74, 19.3.74, p. 7), Commission Directive 75/524/EEC of 25th July 1975 (OJ No. L236, 8.9.75, p. 3), Commission Directive 79/489/EEC of 18th April 1979 (OJ No. L128, 26.5.79, p. 12), Commission Directive 85/647/EEC of 23rd December 1985 (OJ No. L380, 31.12.85, p.1), Commission Directive 88/194/EEC of 24th March 1988 (OJ No. L92, 9.4.88, p. 47), Commission Directive 91/422/EEC of 15th July 1991 (OJ No. L233, 22.8.91, p. 21, to which there is a corrigendum in OJ No. L275, 2.10.91, p. 36), Commission Directive 98/12/EC of 27th January 1998 (OJ No. L81, 18.3.98, p. 1) and Commission Directive 2002/78/EC of 1st October 2002 (OJ No. L267, 4.10.02, p. 23).

ECE REGULATIONS

Principal Instruments	Relevant Amending Instruments
Regulation 90 annexed to the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 concerning the adoption of uniform technical prescription for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions.	In force 1st November 1992, amended by the 01 series of amendments on 18th September 1994 and supplement 2 to the 01 series of amendments on 5th March 1997.