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

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Amendment of Schedule 8 (End of series exemptions)

7.—(1) Schedule 8(1) 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”.

(1)

Schedule 8 was amended by S.R. 2002 No. 375 regulation 15

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