Search Legislation

The Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 2007 and shall come into operation on 5th January 2008.

Interpretation

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

Amendment to regulation 2 (interpretation)

3.  In regulation 2(1) of the principal Regulations after the definition of “the Approval Marks Regulations” insert—

“the EC Whole Vehicle Type Approval Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(2);”.

Amendment to regulation 38 (mirrors)

4.  In regulation 38 of the principal Regulations—

(a)in paragraph (7)(a) for the word “prevent” substitute “present”;

(b)in column 2 of item 5 in the Table for the words “first used on or after 1st October 1988” substitute “first used on or after 1st October 1989”.

Amendment to regulation 74A

5.—(1) Regulation 74A(3) of the principal Regulations, (emission of smoke, vapour, gases, oily substances, etc– further requirements for certain motor vehicles first used on or after 28th February 2003) shall be amended in accordance with paragraphs (2) to (5).

(2) For paragraph (7) substitute—

(7) If a vehicle has, in accordance with Schedule 8, been exempted from the need to comply with any provision of a Community Directive specified in item 1 or 2 in the Table (“the exempted provision”), it shall, in substitution for the exempted provision, comply with the equivalent provision (if any) that would have applied by virtue of this regulation in relation to such a vehicle immediately before the coming into operation of the requirement to comply with the exempted provision; and in relation to that equivalent paragraphs 2 to 4 shall apply as if they referred to the Community Directive under which that equivalent provision arose.

(3) In paragraph (8) for sub-paragraph (b) substitute—

(b)“date as is specified” means, in relation to any vehicle and—

(i)in relation to limit values set by a Community Directive specified in item 1 or 2 in the Table, the date specified by that Community Directive as that from which Member States are required to prohibit the registration or the entry into service of that vehicle if it does not comply with those limit values; or

(ii)in relation to emission control and monitoring systems and devices, the date specified by a Community Directive specified in item 1 and 2 in the Table as that from which Member States are required to ensure that such equipment is fitted to that vehicle,

provided that, where a Community Directive specified in item 2 in the Table re-enacts a requirement imposed by a Community Directive that had been specified in that item immediately before 9th November 2006, the date as is specified shall be the date that had been specified by the previous Directive;.

(4) After paragraph (8), insert—

(9) Regulation 3(2) does not apply to any requirement imposed on a vehicle by or under this regulation..

(5) In the Table for item 2 substitute—

2.2005/55/EC or ECE Regulation 49.022005/78/EC, 2006/51/EC.

Amendment to Schedule 1 (Council directives and ECE Regulations)

6.  In Table 1 in Schedule 1 to the principal Regulations, after item 86 insert—

86A.2005/5528.09.05L275, 20.10.05, p1The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles
86B2005/7814.11.05L31, 29.11.05, p1The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles2005/55
86C2006/516.6.06L152. 7.6.2006, p11The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles2005/55, 2005/78

Amendment of Schedule 8 (End of series exemptions)

7.—(1) Schedule 8(4) to the principal Regulations shall be amended in accordance with paragraphs (2) to (8).

(2) For sub-paragraph (4A) of paragraph 1 substitute—

(4A) No provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 74A shall be deemed to be a design, construction or equipment requirement applying to, or to impose limit values in relation to, a vehicle by virtue of paragraphs (2) and (3) of regulation 74A, if the vehicle is—

(a)a type approval end of series vehicle,

(b)a non-type-approval end of series vehicle, or

(c)a late entry into service vehicle,

in relation to such a provision, and the vehicle is first used before the first anniversary of the date as is specified (as defined in regulation 74A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 74A..

(3) In paragraph 2—

(a)for sub-paragraph (2) substitute—

(2) For the purposes of paragraph (1), a vehicle is a type approval end of series vehicle, in relation to item 2 in the Table in regulation 67 or an item numbered 10 or higher (other than item 11) in Table II in regulation 74 or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 74A if—

(a)by virtue of Schedule 1C to the Northern Ireland Regulations, or

(b)by virtue of regulations 12 and 13 of, and Schedule 2 to, the EC Whole Vehicle Type Approval Regulations,

(which in certain circumstances defer the date on which certain requirements relating to exhaust emissions, noise and silencers cease to apply), the type approval requirements that applied to the vehicle on the date specified in column 3 of the item or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 74A, on the date as is specified (as defined in regulation 74A) by the relevant Community Directive are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 74A, the date as is specified by the relevant Community Directive..

(b)after paragraph 2, insert—

(2A) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to an item in the Table in regulation 67, or in Table II in regulation 74, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 74A, if it has been exempted from that item or provision under—

(a)the laws of a relevant State (as defined by paragraph 5(c)) other than the United Kingdom, or

(b)the laws applicable in Great Britain,

pursuant to Article 8(2)(b) of the Framework Directive..

(4) In paragraph 7—

(a)for sub-paragraph (1) substitute—

(1) For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision.;

(b)in sub-paragraph (2)—

(i)for the words from the beginning of the sub-paragraph to the word “if” substitute—

A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if—;

(ii)in head (a), after the words “the Northern Ireland Regulations”, insert “or the EC Whole Vehicle Type Approval Regulations”;

(iii)in head (e)(ii), the words from “or in relation to” to the end substitute “or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 74A, on the date as is specified (as defined in regulation 74A) by the relevant Community Directive, is less than the specified number, or 100, whichever is the greater.”.

(5) In paragraph 8—

(a)after the words “and a particular item”, insert “, or provision”;

(b)for sub-paragraph (b) substitute—

(b)is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);.

(6) In paragraph 9—

(a)in sub-paragraph (1), after the words “and a particular item”, insert “or provision” and for “10%” substitute “30%”;

(b)in head (a), after the words “the Northern Ireland Regulations”, insert “or the EC Whole Vehicle Type Approval Regulations”;

(c)in sub-paragraph (2)—

(i)for head (a) substitute —

(a)is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);.

(ii)in head (c), after the words “or, in relation to”, insert “any provision of any Community Directive specified in”.

(7) In paragraph 11(c), after the words “in relation to”, insert “any provision of any Community Directive specified in”.

(8) In paragraph 12—

(a)after the words “in relation to an item”, insert “or provision”;

(b)in sub-paragraph (b), after the words “or, in relation to”, insert “any provision of any Community Directive specified in”.

Sealed with the Official Seal of the Department of the Environment on 23rd November 2007.

Legal seal

Stanley Duncan

A senior officer of the

Department of the Environment

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources