Statutory Instrument 1996 No. 2329

The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996

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© Crown Copyright 1996

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1996 No. 2329

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996

The Secretary of State, in exercise of the powers conferred by section 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:—

Commencement and citation
    1.—(1)  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 and shall come into force on 1st October 1996.

    (2)  The Secretary of State is satisfied that—
 (a) it is requisite that the provisions of regulations 4, 5, 8 and 10 shall apply as from 1st October 1996 to vehicles registered under the Vehicle Excise and Registration Act 1994^[2] before the expiration of one year from the making of these Regulations; and
 (b) notwithstanding that the said provisions would then apply to those vehicles, no undue hardship or inconvenience would be caused thereby.

Preliminary
    2.    The Road Vehicles (Construction and Use) Regulations 1986^[3] shall be further amended in accordance with the following provisions of these Regulations.

Amendments to regulation 3 (interpretation)

    3.    In the Table in regulation 3(2)—
 (a) after the definition of "the Act of Accession" there shall be inserted the following definition—

agricultural or forestry tractor

an agricultural or forestry tractor within the meaning of Community Directive 82/890[4].

 (b) after the definition of "first used" there shall be inserted the following definition—

Framework Directive

Council Directive 70/156/EEC[1] as amended by Council Directive 87/403/EEC[2], Council Directive 92/53/EEC[3] and Commission Directive 93/81[4].

Amendments to regulation 54 (silencers—general)
    4.—(1)  Regulation 54 shall be amended as follows.

    (2)  In sub-paragraph (3)—
 (a) for "or 84/424" there shall be substituted ", 84/424 or 92/97 or ECE Regulation 51.02"; and
 (b) after "78/1015" there shall be inserted ", 87/56 or 89/235."

Amendments to regulation 55 (noise limits—general)
    5.—(1)  Regulation 55 shall be amended as follows.

    (2)  For the heading there shall be substituted—

"Noise limits—certain vehicles with 3 or more wheels—general
"



    (3)  In paragraph (1), for the words "paragraph (2)" there shall be substituted the words "paragraphs (1A) and (2)".

    (4)  After paragraph (1), there shall be inserted the following paragraph—
"  (1A)  This regulation does not apply to a vehicle to which an item in the Table in regulation 55A applies." .



    (5)  After paragraph (6), there shall be inserted the following paragraph—
"  (6A)  A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 55A as they apply to a vehicle first used on or after the date specified in column 3 of that item." .



    (6)  In paragraph (7), for "or 84/424" there shall be substituted ", 84/424, 92/97 or 96/20 or ECE Regulation 51.02".

New regulation 55A (noise limits—vehicles first used on or after 1st October 1996)
    6.    After regulation 55, there shall be inserted—

"Noise limits—certain vehicles first used on or after 1st October 1996—general
    55A.—(1)  A motor vehicle to which an item in the Table below applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.
This paragraph has effect subject to the following provisions of this regulation, regulation 59 and Schedule 7XA.
THE TABLE

(1)	(2)	(3)	(4)	(5)
Item	Vehicles to which the item applies	Earliest date of first use (see column 2)	The requirements	Modification of Community Directives in relation to special vehicles (See paragraph (4)(c))
1	1.    All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item.     2.    All special vehicles first used on or after the date specified in column 3 of this item.     3.    All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/h.	1st October 1996	The requirements of— (a) regulation 55 as they would apply to the vehicle but for paragraph (1A) of that regulation; or (b) paragraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.	For paragraph 5.2.2.1 of Annex I, substitute— The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed— "(a) in the case of vehicles with engine power of less than 75 kW, 84 dB(A) (b) in the case of vehicles with engine power not less than 75 kW, 86 dB(A)."
2	All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies.	1st October 1996	The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.



    (2)  Paragraph (1) does not apply to—
(a) a vehicle with fewer than 3 wheels; or

(b) a vehicle of a description mentioned in regulation 55(2).


    (3)  In this regulation, "special vehicle" means a vehicle which is—
(a) engineering plant;

(b) a locomotive other than an agricultural motor vehicle;

(c) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(d) a public works vehicle; or

(e) a works truck.


    (4)  For the purposes of this regulation—
(a) subject to paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a "vehicle" within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 15 (whether or not regulation 15 applies to the vehicle) as it has effect in relation to a vehicle of the category specified in column 3 of that item;

(b) subject to paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a "vehicle" within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5 of a Community Directive mentioned in the Table if it meets—
(i) the requirements of that paragraph as it applies to a vehicle in category M₁ or N₁ within the meaning of the Community Directive, or

(ii) the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;

(c) subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;

(d) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;

(e) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.


    (5)  Instead of complying with paragraph (1) a vehicle may comply at the time of its first use—
(a) in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or

(b) in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02." .

Amendments to regulation 59 (Exceptions to certain regulations)
    7.    In regulation 59, after "55," there shall be inserted "55A".

Amendments to regulation 60 (Radio interference suppression)
    8.—(1)  Regulation 60 shall be amended as follows.

    (2)  For paragraph (1) there shall be substituted the following paragraphs—
"  (1)  Subject to paragraphs (1B), (1D), (1E) and (2)—
(a) every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex 1 to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex 1 to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and

(b) every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.


    (1A)  Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and—
(a) is first used on or after 1st April 1974 and before 1st January 1996; or

(b) is first used on or after 1st January 1996 and is a "vehicle" within the meaning of the Framework Directive.


    (1B)  For the purposes of paragraph (1)—
(a) a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and

(b) a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.


    (1C)  Subject to paragraph (1F), on and after 1st October 2002 no person shall use or cause or permit to be used on a road a vehicle—
(a) in respect of which an EC certificate of conformity has been issued; and

(b) which is fitted with any electrical/electronic sub-assembly that was not fitted to the vehicle when the certificate was issued, unless the electrical/electronic sub-assembly is marked in accordance with the requirements of Community Directive 95/54/EC.


    (1D)  Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or ECE Regulation 10 or 10.01^[1].

    (1E)  Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.

    (1F)  Paragraph (1C) shall not apply to a vehicle of a type described in article 2(6) of Community Directive 95/54/EC^[2]; and for the purposes of this paragraph "type" has the same meaning as in article 2(6) of that Directive." .



    (3)  After paragraph (2) there shall be added the following paragraph—
"  (3)  In this regulation "electrical/electronic sub-assembly" has the same meaning as in Community Directive 95/54." .

Amendments to regulation 61 (emission of smoke, vapour, gases, oily substances etc.)
    9.—(1)  Regulation 61 shall be amended as follows.

    (2)  After paragraph (4), there shall be inserted the following paragraph—
"  (4A)  In relation to a vehicle which—
(a) has an engine the cylinder capacity of which is less than 700 cc and has a rated power speed of more than 3,000 revolutions per minute;

(b) is first used before 1st October 1998," .


Community Directive 91/542 shall have effect for the purposes of this regulation as if for the figure "0.15" in the Table in paragraph 6.2.1 and 8.3.1.1 there were substituted "0.25".
For the purposes of this paragraph, "rated power speed" has the same meaning as in Community Directive 96/1.



    (3)  In paragraph (7), "(7A), (7B), (7C), (7D), (7E), (7F), (7G), (7H)" shall be omitted.

    (4)  Paragraphs (7A) to (7H) shall be omitted.

    (5)  In paragraph (11), at the beginning there shall be inserted the words "Subject to Schedule 7XA,".

Amendments to Schedule 2
    10.—(1)  In Table I of Schedule 2 for items 54B to 56 there shall be substituted the following items—

55	88/195	24.3.88	L92, 9.4.88, p.50	Engine power of motor vehicles	80/1269
55A	88/218	11.4.88	L98, 15.4.88, p.48	The weights dimensions and other technical characteristics of certain road vehicles	85/3 as amended by 86/360
55B	88/321	16.5.88	L147, 14.6.88, p.77	Mirrors	71/127 as amended by 79/795, 85/205 and 86/562	10C
55C	88/366	17.5.88	L181, 12.7.88, p.40	Field of vision of motor vehicle drivers	77/649 as amended by 81/643
56	88/436	16.6.88	L124, 6.8.88, p.1	Measures to be taken against air pollution by gases from engines of motor vehicles (restriction of particulate pollution emissions from diesel engines)	70/220 as amended by 74/290, 77/102, 78/665, 83/351 and 88/76	4D	2C



    (2)  In that Table, after item 69 there shall be inserted the following items—

70	92/97	10.11.92	L371, 19.12.92, p.1	Permissible sound level and the exhaust system of motor vehicles	70/157 as amended by 73/350, 77/212, 81/334, 84/372 and 84/424	14G	4F
71	95/54	31.10.95	L266, 8.11.95, p.1	The suppression of radio interference of motor vehicles	72/245	2B	5B
72	96/1	22.1.96	L40, 17.2.96, p.1	Measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles	88/77 as amended by 91/542	4N	2L
73	96/20	27.3.96	L92, 13.4.96, p.23	Permissible sound level and the exhaust system of motor vehicles	70/157 as amended by 73/350, 77/212, 81/334, 84/372, 84/424 and 92/97	141	4G



    (3)  In Table II in Schedule 2, after item 21AB there shall be inserted the following item:

21BA

51.02

51

18.4.95

Noise emissions from motor vehicles having at least 4 wheels

—

14E

4D(4) or 4E

New Schedule 7XA
    11.    After Schedule 7, there shall be inserted the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under Secretary of State,
Department of Transport

9th September 1996

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

[2] 1994 c. 22. back

[3] S.I. 1986/1078; relevant amending instruments are 1990/1131, 1991/1526, 1992/2137, 2909 and 3285, 1993/2199 and 1994/14 and 2192. back

[4] "Community Directive" is defined in regulation 3(2) of, and Schedule 2 to, the Road Vehicles (Construction and Use) Regulations 1986. Relevant amendments are made to Schedule 2 by regulation 5 of these Regulations. back

Explanatory Note