5.—(1) Regulation 74A(1) 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 49.02 | 2005/78/EC, 2006/51/EC”. |
S.R. 1999 No. 454; regulation 74A was inserted by S.R. 2002 No. 375 regulation 10 and amended by S.R. 2004 No. 67 regulation 9