The Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006

Statutory Instruments

2006 No. 1695

ROAD TRAFFIC

The Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006

Made

27th June 2006

Laid before Parliament

30th June 2006

Coming into force

30th July 2006

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) for the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme (2).

Accordingly, in exercise of the powers conferred upon him by that section, he makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006 and shall come into force on 30th July 2006.

(2) In these Regulations, “the principal Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(3).

Amendment of regulation 3 (interpretation)

2.  In regulation 3(1) of the principal Regulations, in the definition of “the Framework Directive” after the words “Commission Directive 2004/104/EC”, there shall be inserted “, and, in addition, by the amendments effected by Commission Directives 2005/49/EC, dated 25th July 2005, and 2006/28/EC(4), dated 6th March 2006”.

Amendments of Schedule 1 (separate Directives)

3.—(1) The table in Schedule 1 to the principal Regulations shall be amended as follows.

(2) In item 10 (suppression (radio)), there shall be added in the third and fourth columns after the last entry—

“2005/49/EC*	L194, 26.07.2005, p.12
2005/83/EC*	L305, 24.11.2005, p.32
2006/28/EC*	L65, 7.3.2006, p.27”

Signed by authority of the Secretary of State

S.J. Ladyman

Minister of State

Department for Transport

27th June 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (EC Type Approval) Regulations 1998 (SI 1998/2051) (“the principal Regulations”), which set out the procedure and technical requirements for the type approval of “light passenger vehicles”, as defined by the Road Traffic Act 1988. Generally speaking, these are passenger vehicles with less than 8 seats not including the driver’s seat, regardless of their maximum laden weight.

Regulation 2 amends the definition of “the Framework Directive” in regulation 3(1) of the principal Regulations so that it encompasses the further amendments made to Council Directive 70/156/EEC(5) by Commission Directives 2005/49/EC and 2006/28/EC.

The Table in Schedule 1 to the principal Regulations (“the Table”) lists separate Directives under the Framework Directive, which lay down technical requirements for vehicle components or features of construction. Directives 2005/49/EC(6), 2005/83/EC(7) and 2006/28/EC amend Directive 72/245/EEC(8), the separate Directive relating to radio suppression.

By inserting references to those Directives at the appropriate place in the Table, regulation 3 requires a type of light passenger vehicle to comply with the requirements of those Directives to receive EC type approval.

In line with the principal Regulations, the use of the symbol* denotes that the Directive specified is a Commission Directive.

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

A Transposition Note has been prepared, and is available from Gus Gander of the Vehicle Certification Agency of the Department for Transport, 1 Eastgate Office Centre, Eastgate Road, Bristol BS5 6XX (Tel: [phone]; e-mail: [e-mail] and from the Office of Public Sector Information website: www.opsi.gov.uk.

(1)

1972 c. 68.

(2)

S.I. 1972/1811.

(3)

S.I. 1998/2051; relevant amending instruments are S.I. 1999/778, 1999/2324, 2000/869, 2000/2730, 2001/2809, 2002/1835, 2002/2743, 2003/1019, 2003/2428, 2004/73, 2004/2186, 2005/2454 and 2006/142.

(4)

OJ No. L65, 7.3.2006, p.27.

(5)

OJ No. L42, 23.02.1970, p.1.

(6)

OJ No. L194, 26.07.2005, p.12.

(7)

OJ No. L305, 24.11.2005, p.32.

(8)

OJ No. L152, 6.7.1972, p.15.