The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

CHAPTER 5

Air conditioning systems in certain motor vehicles

Attestation bodies

36.—(1) The persons referred to in paragraph (2) are the attestation bodies for the purposes of Commission Regulation 307/2008.

(2) The persons are—

(a) the Institute of the Motor Industry(1);

(b) IMI Awards Limited(2);

(c) the City and Guilds of London Institute(3); and

(d) the Institute of Road Transport Engineers(4).

(3) A person referred to in paragraph (2) must comply with Articles 3.2 and 3.3 of that Regulation (issue and contents of training attestations).

Qualifications relating to air conditioning systems in motor vehicles

37.—(1) Subject to paragraphs (2) and (3) and regulation 38, an individual commits an offence if that individual—

(a) recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van; but

(b) does not hold an air conditioning qualification in contravention of Article 2.1 of Commission Regulation 307/2008.

(2) Paragraph (1) does not apply to an individual who—

(a) is enrolled on a training course for the purpose of obtaining an air conditioning qualification; and

(b) recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van under the supervision of an individual who does hold such a qualification,

for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(3) Up to and including 3^rd July 2010, paragraph (1) does not apply to an individual who holds a qualification referred to in Schedule 2.

(4) In this regulation—

(a) “motor car” means a motor vehicle which—

(i) has at least four wheels,

(ii) is used for the carriage of passengers, and

(iii) has no more than nine seats, including the seat for the driver;

(b) “motor van” means a motor vehicle which—

(i) has at least four wheels,

(ii) has a maximum weight not exceeding 1.305 metric tons, and

(iii) is used for the carriage of goods; and

(c) “air conditioning qualification” means a valid attestation issued by an attestation body referred to in regulation 36(2) under Article 3.2 of Commission Regulation 307/2008.

Attestations issued in EEA states and in Great Britain

38.—(1) An individual who holds a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body in an EEA State other than the United Kingdom may recover fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van if—

(a) the attestation is written in English; or

(b) the individual also holds a translation of the attestation in English.

(2) An individual who holds a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body appointed under legislation in operation in Great Britain may recover fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van.

(3) In this regulation, “motor car” and “motor van” have the same meaning as they have in regulation 37(4).

(1)

Details can be obtained from the Institute of the Motor Industry, Fanshaws, Brickendon, Hertford, SG13 8PQ; telephone: [phone]; e-mail: [e-mail] ; web-site: http://www.motor.org.uk/

(2)

Details can be obtained from the IMI Awards Limited, Fanshaws, Brickendon, Hertford, SG13 8PQ; telephone: [phone]; e-mail: [e-mail]

(3)

Details can be obtained from the City and Guilds, 1 Giltspur Street, London EC1A 9DD; telephone: [phone]; web-site: http://www.cityandguilds.com/

(4)

Details can be obtained from the Institute of Road Transport Engineers, Society of Operations Engineers, 22 Greencoat Place, London SW1P 1PR; telephone: [phone]; e-mail: [e-mail]