The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2004

Statutory Instruments

2004 No. 1948

ROAD TRAFFIC

The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2004

Made

21st July 2004

Laid before Parliament

11th August 2004

Coming into force

3rd September 2004

The Secretary of State for Transport, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the regulation of the type, description, construction or equipment of vehicles and of components of vehicles, and in particular any vehicle type approval scheme, in exercise of the powers conferred by that section, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2004 and shall come into force on 3rd September 2004.

Amendment to Regulation 3 (Interpretation)

2.  In regulation 3(1) of the Motor Cycles Etc. (EC Type Approval) Regulations 1999(3), at the end of the definition of “the Framework Directive” there shall be added “, and as amended by Commission Directive 2003/77/EC(4)”.

Amendment to Schedule 1 (Separate Directives)

3.—(1) The Table in Schedule 1 to the Motor Cycles Etc. (EC Type Approval) Regulations 1999 shall be further amended as follows.

(2) In item 12 (Certain components and characteristics of two or three-wheel motor vehicles), there shall be inserted in the third and fourth columns after the last entry—

2003/77/EC*

L211, 21.8.2003, p.24

Signed by authority of the Secretary of State

David Jamieson

Parliamentary Under Secretary of State

Department for Transport

21st July 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Cycles Etc. (EC Type Approval) Regulations 1999 (“the 1999 Regulations”) in implementation of Commission Directive 2003/77/EC of 11 August 2003 amending Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council relating to the type approval of two or three-wheel motor vehicles (OJ No. L211, 21.8.2003, p.24).

Directive 2003/77/EC relates to the new EC pollutant emissions limits for two or three-wheel motor vehicles. It clarifies aspects of the tests for measuring emissions levels and provides for the recording of test data.

Directive 2002/24/EC is the Framework Directive for the European Community type approval of two or three-wheel motor vehicles (mopeds, motor cycles and motor tricycles), certain four-wheel vehicles (quadricycles) and their components. Regulation 2 amends the definition of the Framework Directive in regulation 3(1) of the 1999 Regulations to include amendments made to Directive 2002/24/EC by Directive 2003/77/EC.

Directive 97/24/EC on certain components and characteristics of two or three-wheel motor vehicles (a “separate Directive” listed in Schedule 1 to the 1999 Regulations), as amended by Directive 2002/51/EC, is further amended by Directive 2003/77/EC. Regulation 3 inserts a reference to Directive 2003/77/EC at the appropriate place in the table in Schedule 1 to the 1999 Regulations, thereby implementing the further amendments to Directive 97/24/EC for the purposes of EC type approval procedures.

In line with the 1999 Regulations, Directive 2003/77/EC is marked with a * to denote it is a Commission Directive.

This Explanatory Note incorporates the Transposition Note that would otherwise have been provided separately. Copies of the EC Directive referred to in these Regulations can be obtained from the Stationery Office.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

S.I 1972/1811, to which there are amendments not relevant to these Regulations.

(2)

1972 c. 68.

(3)

S.I. 1999/2920; amended by S.I. 2001/368, 2001/1547 and 2003/1099.

(4)

OJ No. L211, 21.8.2003, p. 24.