Part IIConstruction, Equipment and Maintenance of Vehicles

K —Control of Emissions

Radio interference suppression73

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/EC54; 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.