Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

Radio interference suppression

73.—(1) Subject to paragraphs (3), (4), (5) and (7)—

(a) every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex I to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex I 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.

(2) 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.

(3) 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 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.

(4) Subject to paragraph (7), 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 electric/electronic sub-assembly is marked in accordance with the requirements of Community Directive 95/54/EC.

(5) 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.

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

(7) Paragraph (4) shall not apply to a vehicle of a type described in Article 2(6) of Community Directive 95/54/EC(1); and for the purposes of this paragraph “type” has the same meaning as in Article 2(6) of that Directive.

(8) Paragraph (1) does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

(9) In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.

(1)

O.J. No. L266, 8.11.95, 8.11.95, p. 1