The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

The definition of “off-road vehicle” contained in Community Directive 87/403/EEC is added to regulation 3(2) of the 1986 Regulations (regulation 3).

Regulation 61 of the 1986 Regulations is amended so as to introduce:

(a) compulsory compliance with the limits on gaseous emissions from cars and light vans set by Community Directive 83/351/EEC and the technically similar ECE Regulation 15.04;

(b) more stringent limits on gaseous emissions from cars and light vans set by Community Directives 88/76/EEC, and 89/458/EEC;

(c) new limits on gaseous emissions from diesel engined vehicles over 3500 kg gross weight set by Community Directive 88/77/EEC;

(d) the technical requirements set by ECE Regulation 49 for diesel engined industrial tractors, works trucks and engineering plant;

(e) new limits on particulate emissions from diesel engined cars set by Community Directive 88/436/EEC; and

(f) prohibitions on the use of a vehicle which fails to meet with such of the above requirements as are applicable to it where: the failure results from an alteration to the engine or exhaust system; the requirements would be met or the emissions could be materially reduced if the vehicle were to undergo a normal periodic service; or the failure is due to equipment on the vehicle specifically designed to reduce emissions not being in good and efficient working order. (Regulation 4)

The provisions of Schedule 8 to the 1986 Regulations as to engine power measurement are amended to take account of Community Directive 88/195/EEC and the technically similar ECE Regulation 24.03. (Regulation 5)

Copies of the EEC Directives and ECE Regulations of relevance to these Regulations can be obtaied from Her Majesty’s Stationery Office. The details of the relevant EEC Directives and ECE Regulations are set out below.

Principal Instrument	Relevant Amending Instruments
1.  Council Directive 70/156/EEC of 6th February 1970 (OJ No L42, 23.2.70, p. 1).	Council Directive 87/403/EEC of 25th June 1987 (OJ No L220, 8.8.87, p. 44).
2.  Council Directive 70/220/EEC of 20th March 1970 (OJ No L76, 6.4.70, p. 1) (SE 1970(I), p. 171).	Council Directive 74/290/EEC 28th May 1974 (OJ No L159, 15.6.74, p. 61); Commission Directive 77/102/EEC of 30th November 1976 (OJ No L132, 3.2.77, p. 32); Commission Directive 78/665/EEC of 14th July 1978 (OJ No L223, 14.8.78, p. 48); Council Directive 83/351/EEC of 16th June 1983 (OJ No L197, 20.7.83, p. 1); Council Directive 88/76/EEC of 3rd December 1987 (OJ No L36, 9.2.88, p. 1); Council Directive 88/436/EEC of 16th June 1988 (OJ No L214, 6.8.88, p. 1, to which there is corrigendum in OJ No L303, 8.11.88, p. 36); and Council Directive 89/458/EEC of 18th July 1989 (OJ No L226, 3.8.89, p. 1).
3.  Council Directive 88/77/EEC of 3rd December 1987 (OJ No L36, 9.2.88, p. 33).
4.  Council Directive 80/1269/EEC of 16th December 1980 (OJ No L375, 31.12.80, p. 46).	Commission Directive 88/195/EEC of 24th March 1988 (OJ No L92, 9.4.88, p. 50).
5.  Regulation 15 annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.	Amended on 11th December 1974; amended on 1st March 1977; amended on 6th March 1978; amended on 20th October 1981.
6.  Regulation 24 annexed to that Agreement.	Amended on 11th September 1973; amended on 11th February 1980; amended on 20th April 1986.
7.  Regulation 49 annexed to that Agreement.