The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2010

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2010 and shall come into operation on 11^th June 2010.

(2) In these Regulations, “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(1).

Amendment to regulation 2 (interpretation)

2.  In regulation 2 of the principal Regulations—

(a) after the definition of “the 1972 Act(2)” insert—

““the 1988 Act” means the Road Traffic Act 1988(3);”; and

(b) after the definition of “the Type Approval Regulations” insert—

““the Vehicle Approval Regulations” means the Road Vehicles (Approval) Regulations 2009(4);”.

Amendment to regulation 38 (mirrors and other devices for indirect vision)

3.  In regulation 38 of the principal Regulations(5) in paragraph (9) for “regulation 4(2)” substitute “regulation 3(2)”.

Insertion of regulation 74B (retrofitting and refilling of certain air conditioning systems)

4.  After regulation 74A of the principal Regulations(6), insert—

“Retrofitting and refilling of certain air conditioning systems

74B.— (1) Subject to paragraphs (7), (8), (9) and (10) and Schedule 8, this regulation applies to vehicles set out in Article 2 of Directive 2006/40(7), regardless of their date of manufacture.

(2) Regulation 3(2) does not apply in relation to a vehicle to which this regulation applies.

(3) A vehicle type approved on or after 1^st January 2011 may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.

(4) On or after 1^st January 2017, a vehicle may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.

(5) A vehicle type approved on or after 1^st January 2011 may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(6) On or after 1^st January 2017, a vehicle may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(7) Paragraph (5) does not apply to a vehicle where—

(a) it was type approved on or after 1^st January 2011, and

(b) on the date it was type approved, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for type approval imposed by—

(i) the 1981 Order(8) or any regulations made under it;

(ii) the 1988 Act or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(8) Paragraph (6) does not apply to a vehicle where—

(a) it was registered on or after 1^st January 2017, and

(b) on the date it was registered, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for registration imposed by—

(i) the 1981 Order or any regulations made under it;

(ii) the 1988 Act or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(9) Paragraph (6) does not apply to a vehicle where—

(a) it was used for the first time on a road in Northern Ireland on or after 1^st January 2017 (this date not being determined, for the purposes of this sub-paragraph, in accordance with regulation 2(4)(a)), and

(b) on the date it was first so used, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for use imposed by—

(i) the Road Traffic (Northern Ireland) Order 1995 or any regulations made under it, except for this regulation;

(ii) the 1988 Act or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(10) Paragraph (6) does not apply to a vehicle which before 1^st January 2017 was fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(11) For the purposes of this regulation, a vehicle was type approved if there has been issued in relation to it—

(a) an EC type approval certificate under regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;

(b) an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;

(c) an EC type approval certificate under regulation 13(3) of the Vehicle Approval Regulations;

(d) an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 13(3) of the Vehicle Approval Regulations;

(e) a type approval certificate under section 55 of the 1988 Act;

(f) a Minister’s approval certificate under section 58(1) of the 1988 Act;

(g) a certificate under section 58(4) of the 1988 Act by reason of the vehicle conforming with another vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of that Act;

(h) a type approval certificate under Article 31A(2) of the 1981 Order;

(i) a Department’s approval certificate under Article 31A(4) of the 1981 Order; or

(j) a certificate under Article 31A(5) of the 1981 Order by reason of the vehicle conforming with another vehicle in respect of which a Department’s approval certificate was issued under Article 31A(4) of that Order.

(12) In this regulation—

“air conditioning system” means any system whose main purpose is to decrease the air temperature and humidity of the passenger compartment of a vehicle;

“high-GWP fluorinated greenhouse gases” means fluorinated greenhouse gases having a global warming potential higher than 150, “fluorinated greenhouse gases” has the same meaning as in Article 3(5) of Community Directive 2006/40, and “global warming potential” has the same meaning as in Article 3(8) (including the footnote) of Community Directive 2006/40, read in conjunction with the second sentence of Article 3(9) (including the footnote) of the same Directive;

“retrofitted” means fitted to a vehicle after it has been first used.”.

Amendment of Schedule 1

5.  In Table 1 in Schedule 1 to the principal Regulations(9) after item 104 insert—

“105	2006/40	17.5.2006	L161, 14.6.2006, p12	Emissions from air conditioning systems in motor vehicles.
106	2007/46	5.9.2007	L263, 9.10.2007,p1	Framework Directive for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.”

Amendment of Schedule 1A

6.—(1) Schedule 1A to the principal Regulations(10) is amended as follows:

(2) In paragraph 1(1) of Part 1, after the definition of “goods vehicle approval certificate” insert—

““individual approval certificate” means a certificate issued under regulation 27(10) of the Vehicle Approval Regulations;”.

(3) In Part II, after paragraph 9, insert—

“Modification to regulation 74B (retrofitting and refilling of certain air conditioning systems)

9A.   Paragraphs (5) and (6) of regulation 74B shall not apply to a vehicle in relation to which a passenger vehicle approval certificate, a goods vehicle approval certificate or an individual approval certificate has been issued if it complies with the approval requirements for air conditioning systems designed to contain high-GWP fluorinated greenhouse gases.”.

Amendment of Schedule 8

7.—(1) Schedule 8 to the principal Regulations(11) is amended as follows.

(2) After paragraph 1(4A), insert—

“(4B) Paragraphs (5) and (6) of regulation 74B shall not apply to a type approval end of series vehicle, if it has been first used before 1^st January 2018 and is lawfully equipped with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.”.

(3) In paragraph 2(2)—

(a) after the words “regulation 74A” where they first appear, insert “or paragraph (5) or (6) of regulation 74B”,

(b) after the words “in certain circumstances defer the date on which certain requirements relating to exhaust emissions,”, insert “air conditioning systems,”,

(c) before the words “are the same as the type approval requirements”, insert “or, in relation to paragraph (5) or (6) of regulation 74B, 1^st January 2017,”, and

(d) at the end, insert “or, in relation to paragraph (5) or (6) of regulation 74B, immediately before 1^st January 2017”.

(4) In paragraph 2(2A)—

(a) after the words “regulation 74A,”, insert “or paragraph (5) or (6) of regulation 74B”; and

(b) at the end, insert “, or Article 27 of Community Directive 2007/46”.

(5) After paragraph 2(2A), insert—

“(2B) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to—

(a) an item numbered 2 or higher in the Table in regulation 67,

(b) an item numbered 10 or higher (other than item 11) in Table II in regulation 74,

(c) any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 74A, or

(d) paragraph (5) or (6) of regulation 74B,

if a direction given under regulation 12 or 13 of the EC Whole Vehicle Type Approval Regulations or regulation 31 or 32 of the Vehicle Approval Regulations is in force in relation to the vehicle.”.

(6) In paragraph 7(2)(a), after the words “EC Whole Vehicle Type Approval Regulations”, insert “or the Vehicle Approval Regulations”.

Sealed with the Official Seal of the Department of the Environment on 14^th May 2010.

Deirdre Kenny

A senior officer of the

Department of the Environment