Statutory Instrument 1993 No. 2199

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993

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© Crown Copyright 1993

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1993 No. 2199

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993

The Secretary of State for Transport, in exercise of the powers conferred by sections 41(1), (2) and (5) of the Road Traffic Act 1988^[1], and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Citation and Commencement
    1.    These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.

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

Amendments to regulation 3 (interpretation)
    3.    In regulation 3, before paragraph (3), there shall be inserted the following paragraph—
"  (2A)  Without prejudice to section 17 of the Interpretation Act 1978^[3] and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification." .

Amendments to regulation 61 (exhaust emissions)
    4.—(1)  Regulation 61 shall be amended as follows.

    (2)  In paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph—
"(b) if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II." .



    (3)  In paragraph (7), after "(7A),", there shall be inserted "(7B), (7C), (7D),".

    (4)  After paragraph (7A), there shall be inserted the following paragraphs—
"  (7B)  In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations^[4] applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted "1st October 1994".

    (7C)  In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations^[5] applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted "1st October 1994".

    (7D)  For the purposes of paragraph (7C) above, in relation to a vehicle ("the vehicle in question"),—
(a) "specified number" is 10 per cent. of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both—
(i) manufactured by the manufacturer of the vehicle in question; and

(ii) registered under the Vehicles (Excise) Act 1971^[6] during the period beginning with 1st October 1992 and ending with 30th September 1993;

or 50 whichever is the greater; and
(b) "a relevant vehicle" is a vehicle which—
(i) is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations;

(ii) was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993;

(iii) was in the territory of a member State at some time before 1st October 1993;

(iv) was in existence on 1st October 1993; but

(v) had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993." .



    (5)  In paragraph (11)(c), for "or 10" there shall be substituted ", 10 or 11".

    (6)  In column 4 of item 3 of Table I, sub-paragraph (b) shall be omitted.

    (7)  For Table II, there shall be substituted the Table set out in the Schedule to these Regulations.

Consequential amendments
    5.—(1)  In Table I of Schedule 2, after item 67, there shall be inserted the following item—

68

93/59

28.6.93

Measures to be taken against air pollution by emissions from motor vehicles

70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458 and 91/441

4K

2I



    (2)  In Table II of Schedule 2—
 (a) after item 21AA there shall be inserted the following item—

21AB

49.02

49

15.4.82

Emissions of gaseous pollutants

30.12.92

 (b) after item 24 there shall be inserted the following items—

25	83	83	5.11.89	Emissions of gaseous pollutants	—	4F	2H
26	83.01	83	5.11.89	Emissions of gaseous pollutants	30.12.92	4K	2F

Signed by authority of the Secretary of State for Transport

Robert Key

Parliamentary Under Secretary of State, Department of Transport

8th September 1993

[1] 1988 c. 52; section 41 is amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8. back

[2] S.I. 1986/1078; relevant amending instruments are S.I. 1990/2212, 1991/1526 and 1992/2137 and 3285. back

[3] 1978 c. 30. back

[4] "The Type Approval for Goods Vehicles Regulations" is defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 as meaning "The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982" (S.I. 1982/1271). Relevant amendments were made to the 1982 Regulations by S.I. 1984/697, 1985/46, 1986/427 and 1089, 1987/1508, 1988/1523, 1989/1579, 1991/1021, 1992/25, 1342 and 3084 and 1993/2200. back

[5] "The Type Approval (Great Britain) Regulations" is defined in regulation 3(2) of The Road Vehicles (Construction and Use) Regulations 1986 as meaning "The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984" (S.I. 1984/981). Relevant amendments were made to the 1984 Regulations by S.I. 1984/1761, 1985/1651, 1987/1509 and 1991/1022. back

[6] 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31). back

Explanatory Note