Statutory Instrument 1988 No. 1524

The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1988

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© Crown Copyright 1988

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1988 No. 1524

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1988

The Secretary of State for Transport, in exercise of the powers conferred by sections 40(1), 40(3) and 41(3) of the Road Traffic Act 1972^[1], and now vested in him^[2] and being a Minister designated^[3] for the purposes of section 2(2) of the European Communities Act 1972^[4] in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, and of all other enabling powers, and after consultation with the representative organisations in accordance with section 199(2) of the Road Traffic Act 1972, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1988 and shall come into force on 1st October 1988.

Preliminary
    2.—(1)  The Road Vehicles (Construction and Use) Regulations 1986^[5] shall be further amended in accordance with the following provisions of these Regulations.

    (2)  The Secretary of State is satisfied that —
 (a) it is requisite that the provision in regulation 3, 4 and 7 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 1st October 1988 to vehicles registered under the Vehicles (Excise) Act 1971^[6] before the expiration of one year from the making of these Regulations; and
 (b) notwithstanding that the said provision will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

Amendments to Regulations 36A and 70A (speed limiters)
    3.    In regulation 36A(5), at the end of the definition of "Part I of the British Standard" there shall be added the following words —

"as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988".

    4.    In regulation 70A —
 (a) in paragraph (4)(c) for the words "limiter supplier" there shall be substituted the words "limiter calibrator"; and
 (b) in paragraph (5)(b) for the words "limiter supplier" there shall be substituted the words "limiter calibrator".

Amendments relating to unleaded petrol
    5.    After regulation 39, there shall be inserted the following regulations —
    "39A  (1)  Every vehicle to which this regulation applies shall be designed and constructed for running on unleaded petrol.

    (2)  No person shall use or cause or permit to be used a vehicle to which this regulation applies on a road if it —
(a) has been deliberately altered or adjusted for running on leaded petrol, and

(b) as a direct result of such alteration or adjustment it is incapable of running on unleaded petrol.


    (3)  Subject to paragraph (4) this regulation applies to every motor vehicle which is —
(a) propelled by a spark ignition engine which is capable of running on petrol, and

(b) is first used on or after the 1st April 1991.


    (4)  Part I of Schedule 3A shall have effect for the purpose of excluding certain vehicles first used before specified dates from the application of this regulation.

    (5)  In this regulation "petrol", "leaded petrol" and "unleaded petrol" have the same meaning as in Community Directive 85/210^[7].

    (6)  A vehicle shall be regarded for the purposes of this regulation as incapable of running on unleaded petrol at any particular time if and only if in its state of adjustment at that time prolonged continuous running on such petrol would damage the engine.


    39B  (1)  Subject to paragraph (2), every fuel tank fitted to a vehicle to which regulation 39A applies shall be so constructed and fitted that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of 23.6mm or greater without the aid of a device (such as a funnel) not fitted to the vehicle.

    (2)  Paragraph (1) does not apply to a vehicle in respect of which both of the following conditions are satisfied, that is to say —
(a) that at the time of its first use the vehicle is so designed and constructed that prolonged continuous running on leaded petrol would not cause any device designed to control the emission of carbon monoxide, hydrocarbons or nitrogen oxides to malfunction, and

(b) that it is conspicuously and legibly marked in a position immediately visible to a person filling the fuel tank with —
(i) the word "UNLEADED", or

(ii) the symbol shown in Part II of Schedule 3A.


    (3)  In this regulation "fuel tank", in relation to a vehicle, means a fuel tank used in connection with the propulsion of the vehicle." .

    6.    A schedule shall be inserted after Schedule 3 in accordance with the provisions of the Schedule to these Regulations.

Amendments relating to exhaust emission
    7.    In regulation 61(4) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
"(b) if it is propelled by a spark ignition engine —
(i) in a case where the first use is before 1st April 1991, with Community Directive 78/665, 83/351 or 88/76, or ECE Regulation 15.03 or 15.04^[8]; or

(ii) in any other case, with Community Directive 83/351 or 88/76, or ECE Regulation 15.04." .

Amendments to Schedule 2
    8.    In Table 1 in Schedule 2 —
 (a) after item 49 there shall be inserted the following item —
    "49A    85/210 20.3.85 L96, 3.4.85, p.25 The lead content of petrol"

 (b) after item 51 there shall be added the following item —

"52    88/76 3.12.87 L36, 9.2.88, p.1

Measures to be taken against air pollution by gases from the engines of motor vehicles

70/220 as amended by 74/290, 77/102, 78/665, and 83/351

4D 2B

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State, Department of Transport

5th September 1988

[1] 1972 c. 20. back

[2] S.I. 1979/571 and 1981/238. back

[3] S.I. 1972/1811. back

[4] 1972 c. 68. back

[5] S.I. 1986/1078; relevant amending instruments are S.I. 1987/676 and 1988/271. back

[6] 1971 c. 10. back

[7] "Community Directive" is defined in regulation 3 and Schedule 2 to the Road Vehicles (Construction and Use) Regulations 1986. A relevant amendment to Schedule 2 is made by regulation 8 of these Regulations. back

[8] "ECE Regulation" is defined in regulation 3 of and Schedule 2 to the Road Vehicles (Construction and Use) Regulations 1986. back

Explanatory Note