Emission of smoke, vapour, gases, oily substances etc.
74.—(1) Subject to paragraph (7), a vehicle shall be constructed and maintained so as not to emit avoidable smoke or avoidable visible vapour.
(2) A motor vehicle using solid fuel shall be fitted with—
(a)a tray or shield to prevent ashes or cinders from falling onto the road; and
(b)an efficient appliance to prevent any emission of sparks or grit.
(3) Subject to paragraph (7) and to the exemptions specified in an item in column 4 of Table I, wheeled vehicles of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.
(4) A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.
(5) Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.
(6) Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.
(7) For the purposes of paragraphs (5) and (6), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying—
(a)if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or
(b)if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.
(8) 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.
(9) A person shall not use, or cause or permit to be used, on a road a motor vehicle—
(a)from which smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to property or injury or danger to a person who is, or who may reasonably be expected to be, on the road;
(b)which is subject to the requirement in item 2 of Table I (whether or not it is deemed to comply with that requirement by virtue of paragraph (7)) if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or
(c)which is subject to the requirement in item 1 of Table I if the device mentioned in column 2 in that item is used while the vehicle is in motion.
(10) A person shall not use, or cause or permit to be used, on a road a motor vehicle to which item 3 of Table I applies unless it is so maintained that the m eans specified in column 3 of that item are in good working order.
(11) Subject to paragraphs (12), (13) and (14), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisifed in respect to it—
(a)the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,
(b)neither would those requirements be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle, and
(c)the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.
(12) Paragraph (11) shall not apply to a vehicle first used before 26th June 1990.
(13) Where—
(a)a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (11),
(b)the vehicle does not comply with the requirements specified in that paragraph in respect to it, and
(c)the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle, nothing in paragraph (11) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.
(14) Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, the date on which it is first used shall, for the purposes of paragraphs (4), (11), (12) and (13), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.
However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.
(15) Without prejudice to paragraphs (1) and (11) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—
(a)when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—
(i)in the case of a vehicle first used before 1st August 1986, 4.5%; or
(ii)in the case of a vehicle first used on or after 1st August 1986, 3.5%;
of the total exhaust emissions from the engine by volume; and
(b)when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.
(16) Without prejudice to paragraphs (1) and (11) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 10 applies to the vehicle.
(17) Subject to paragraph (20), paragraph (16) applies to—
(a)a passenger car which—
(i)is first used on or after 1st August 1992 and before 1st August 1994, and
(ii)is of a description mentioned in the Annex to the emissions publication;
(b)a vehicle which—
(i)is not a passenger car,
(ii)is first used on or after 1st August 1994, and
(iii)is of a description mentioned in the Annex to the emissions publication; or
(c)a passenger car which is first used on or after 1st August 1994,
and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 10.
(18) Paragraph (15) does not apply to —
(a)a vehicle to which paragraph (16) applies; or
(b)a vehicle if, at the date the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.
(19) Paragraph (16) does not apply to a vehicle if, at the date that engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.
(20) Paragraphs (15) and (16) do not apply to—
(a)a vehicle being driven to a place where it is to undergo repairs;
(b)a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description;
(c)an exempt vehicle within the meaning given by paragraph (26)(a);
(d)a goods vehicle with a maximum gross weight exceeding 3,500 kg;
(e)engineering plant, an industrial tractor, or a works truck;
(f)a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine” in relation to a vehicle, means the engine by which it is propelled.
(21) Without prejudice to paragraphs (1) and (11), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 10 applies to the vehicle.
(22) Paragraph (21) shall not apply to—
(a)a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;
(b)a vehicle being driven to a place where it is to undergo repairs;
(c)an exempt vehicle within the meaning given by paragraph (26)(a);
(d)engineering plant, an industrial tractor or a works truck; and
(e)(i)a goods vehicle of which the design gross weight is more than 3,000 kg but does not exceed 3,500 kg;
(ii)a small bus, constructed or adapted to carry more than 12 seated pasengers, used under a permit granted under section 10B of the Transport Act (Northern Ireland) 1967(1); and
(iii)a vehicle in Class III, IV or V within the meaning of the Motor Vehicle Testing Regulations (Northern Ireland) 1995(2),
and first used before 1st August 1979.
(23) For the purposes of this regulation—
(a)any rotary piston engine shall be deemed to be a four-stroke engine; and
(b)“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.
(24) Subject to Schedule 8, in this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which—
(a)is of a class specified in that item in column (2) of that Table,
(b)is first used on or after the date specified in that item in column (3) of that Table, and
(c)is not exempted by the entry in that item in column (5) of that Table and for the purposes of determining whether a vehicle is a vehicle to which any item numbered 8 or more in that Table applies, regulation 3(2) shall be disregarded.
(25) In this regulation, “passenger car” means a motor vehicle which—
(a)is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;
(b)has no more than five seats in addition to the driver’s seat; and
(c)has a maximum gross weight not exceeding 2,500 kg.
(26) In Table II—
(a)“exempt vehicle” means—
(i)a vehicle with less than 4 wheels,
(ii)a vehicle with a maximum gross weight of less than 400 kg,
(iii)a vehicle with a maximum speed of less than 25 km/h, or
(iv)an agricultural motor vehicle;
(b)“direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combustion chamber;
(c)“indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber;
(d)a reference in column (5) to a vehicle complying with an item is reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).
TABLE I
(regulation 74(3))
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Item | Class of vehicle | Requirements | Exemptions |
| 1. | Vehicles propelled by a compression ignition engine and equipped with a device designed to facilitate starting the engine by causing it to be supplied with excess fuel. | Provision shall be made to ensure the device cannot readily be operated by a person inside the vehicle. | (a)a works truck; (b)a vehicle on which the device is so designed and maintained that— (i)its use after the engine has started cannot cause the engine to be supplied with excess fuel, or (ii)it does not cause any increase in the smoke or visible vapour emitted from the vehicle. |
| 2. | Vehicles first used on or after 1st April 1973 and propelled by a compression ignition engine. | The engine of the vehicle shall be of a type for which there has been issued by a person authorised by the Secretary of State for the Environment a type test certificate in accordance with the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under number BS AU 141a: 1971. In the case of an agricultural motor vehicle (other than one which is first used after 1st June 1986 and is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant, for the purposes of that Specification as to the exhaust gas opacity, measurements shall be made with the engine running at 80% of its full load over the speed range from maximum speed down to the speed at which maximum torque occurs as declared by the manufacturer of the vehicle for those purposes. | (a)a vehicle manufactured before 1st April 1973 and propelled by an engine known as the Perkins 6.354 engine; (b)a vehicle propelled by an engine having not more than 2 cylinders and being an agricultural motor vehicle (other than one which is first used on or after 1st June 1986 and which is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant. |
| 3. | Vehicles first used on or after 1st January 1972 and propelled by a spark ignition engine other than a 2-stroke engine. | The engine shall be equipped with means sufficient to ensure that, while the engine is running, any vapours or gases in the engine crank case, or in any other part of the engine to which vapours or gases may pass from that case, are prevented, so far as is reasonably practicable, from escaping into the atmosphere otherwise than through the combustion chamber of the engine. | (a)a two-wheeled motor cycle with or without a sidecar attached; (b)a vehicle to which any item in Table II applies. |
TABLE II
(regulation 74(4), (6), (11), (24) and (26))
| (1) | (2) | (3) | (4) | (5) | (6) | |
|---|---|---|---|---|---|---|
| Item | Class of Vehicle | Date of First Use | Design, construction and equipment | Vehicles exempted from requirements | Emitted Substances | |
| (a) Instrument | (b) Place in instrument where requirements are stated | |||||
| 1. | Vehicles propelled by a spark ignition engine. | 1st October 1982. | Community Directive 78/665 or ECE Regulation 15.03. | Annex I, paragraphs 3 and 5. Paragraphs 5, 8 and 11. | (a)A vehicle whose maximum gross weight exceeds 3,500 kg; (b)A vehicle which complies with the requirements of item 2, 4, 5, 8, 11, 12 or 13; (c)A vehicle whose maximum speed is less than 50 km/h; (d)An exempt vehicle. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 2. | All vehicles. | 1st April 1991. | Community Directive 83/351 or ECE Regulation 15.04. | Annex I, paragraphs 5, 7 and 8. Paragraphs 5, 8 and 12. | (a)A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500 kg; (b)A vehicle which complies with the requirements of item 4, 5, 8, 11, 12 or 13; (c)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, or 10; (d)An industrial tractor, works truck or engineering plant; (e)A vehicle whose maximum speed is less than 50 km/h; (f)An exempt vehicle. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 3. | Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine. | 1st April 1993. | ECE Regulation 49. | Paragraphs 5 and 7. | A vehicle which complies with the requirements of item 6, 9, 10, 11, 12 or 13. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 4. | Passenger vehicles which— (a) are constructed or adapted to carry not more than 5 passengers excluding the driver, and (b) have a maximum or gross weight of not more than 2,500 kg, not being off-road vehicles. | 1st April 1991. | Community Directive 88/76 or Community Directive 89/458. or ECE Regulation 83. | Annex I, paragraphs 5, 7 and 8. Annex I, paragraphs 5, 7 and 8. Paragraphs 5, 8 and 13. | (a)A vehicle which complies with the requirements of item 2, 8, 11, 12 or 13; (b)A vehicle whose maximum speed is less than 50 km/h; (c)An exempt vehicle. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 5. | Vehicles which are not of a description specified in this column in item 4 but which— (a) are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg,
(b) are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg. | 1st April 1992 1st April 1991. | Community Directive 88/76 or ECE Regulation 83. | Annex I, paragraphs 5, 7 and 8. Paragraphs 5, 8 and 13. | (a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10, 11, 12 or 13; (b)An industrial tractor, works truck or engineering plant; (c)A vehicle whose maximum speed is less than 50 km/h; (d)A vehicle which complies with the requirements of item 8; (e)An exempt vehicle. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 6. | All vehicles propelled by compression ignition engines. | 1st April 1991. | Community Directive 88/77 or ECE Regulation 49.01 | Annex I, paragraphs 6, 7 and 8. Paragraphs 5, 6 and 7. | (a)A vehicle whose maximum gross weight is less than 3,500 kg and which complies with the requirements of item 2; (b)A vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11, 12 or 13; (c)A fire appliance which is first used before 1st October 1992; (d)An industrial tractor, works truck or engineering plant; (e)An exempt vehicle. | Carbon monoxide, hydrocarbons and oxides of nitrogen. |
| 7. | Passenger vehicles which— (a) are constructed or adapted to carry not more than 5 passengers excluding the driver; (b) have a maximum gross weight of not more than 2,500 kg; and (c) are propelled by a compression ignition engine of the indirect injection type. | 1st April 1999. | Community Directive 88/436. | Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions. | (a)A vehicle which complies with the requirements of item 8, 11, 12 or 13; (b)A vehicle whose maximum speed is less than 50 km/h; (c)An off-road vehicle; (d)An exempt vehicle. | Particulates. |
| 8. | All vehicles. | 31st December 1992. | Community Directive 91/441 or ECE Regulation 83.01. | Annex I, paragraphs 5, 7 and 8. Paragraphs 5, 8 and 13. | (a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which— (i)complies with the requirements of item 6 and is first used before 1st October 1993, or (ii)complies with the requirements of item 9, 10, 11, 12 or 13; (b)An industrial tractor, works truck or engineering plant; (c)A vehicle whose maximum speed is less than 50 km/h; (d)An exempt vehicle. | Carbon monoxide, hydrocarbons,oxides of nitrogen and particulates. |
| 9. | All vehicles propelled by a compression ignition engine. | 1st October 1993. | Community Directive 91/542 or ECE Regulation 49.02. | Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1). Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1). | (a)A vehicle which complies with the requirements of item 8, 10, 11, 12 or 13; (b)An industrial tractor, works truck or engineering plant; (c)An exempt vehicle. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. |
| 10. | All vehicles propelled by a compression ignition engine. | 1st October 1996. | Community Directive 91/542 or ECE Regulation 49.02. | Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1) Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1). | (a)A vehicle which complies with the requirements of item 8, 11, 12 or 13; (b)An industrial tractor, works truck or engineering plant; (c)An exempt vehicle. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. |
| 11. | All vehicles. | 1st October 1994. | Community Directive 93/59. | Annex I, paragraphs 5, 7 and 8. | (a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 12 or 13; (b)An industrial tractor, works truck or engineering plant; (c)Vehicles whose maximum speed is less than 50 km/h; (d)An exempt vehicle. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. |
| 12. | All vehicles. | 1st January 1997. | Community Directive 94/12. | Annex I, paragraphs 5, 7 and 8. | (a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 11 or 13; (b)An industrial tractor, works truck or engineering plant; (c)Vehicles whose maximum speed is less than 50 km/h; (d)An exempt vehicle. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. |
| 13. | All vehicles. | 1st October 1997. | Community Directive 96/69. | Annex I, paragraphs 5, 7 and 8. | (a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10 or 12; (b)A vehicle as defined in column 2 of item 14; (c)An industrial tractor; (d)Vehicles whose maximum speed is less than 50 km/h; (e)An exempt vehicle. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. |
| 14. | Vehicles falling within— (a) Class II or III, as specified in the Annex to Community Directive 96/69, of category N1, or (b) Category M and specified in footnote (2) of that Annex. | 1st October 1998. | Community Directive 96/69. | Annex I, paragraphs 5, 7 and 8. | Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates. | |
| Note: References to categories M and N1 are to those categories as specified in Annex II of the Framework Directive. | ||||||
1967 c. 37 (N.I.); section 10B was inserted by S.I. 1990/994 (N.I. 7), Article 3
S.R. 1995 No. 448 as amended by S.R. 1996 No. 140, S.R. 1998 No. 74 and S.R. 1999 No. 78