The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996

New regulation 55A (noise limits—vehicles first used on or after 1st October 1996)

6.  After regulation 55, there shall be inserted—

“Noise limits—certain vehicles first used on or after 1st October 1996—general

55A.— (1) A motor vehicle to which an item in the Table below applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.

This paragraph has effect subject to the following provisions of this regulation, regulation 59 and Schedule 7XA.

THE TABLE

(1)	(2)	(3)	(4)	(5)
Item	Vehicles to which the item applies	Earliest date of first use (see column 2)	The requirements	Modification of Community Directives in relation to special vehicles (See paragraph (4)(c))
1	1.   All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item. 2.   All special vehicles first used on or after the date specified in column 3 of this item. 3.   All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/h.	1st October 1996	The requirements of— (a) regulation 55 as they would apply to the vehicle but for paragraph (1A) of that regulation; or (b) paragraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.	For paragraph 5.2.2.1 of Annex I, substitute— “The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed— (a) in the case of vehicles with engine power of less than 75 kW, 84 dB(A) (b) in the case of vehicles with engine power not less than 75 kW, 86 dB(A).”
2	All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies.	1st October 1996	The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.

(2) Paragraph (1) does not apply to—

(a) a vehicle with fewer than 3 wheels; or

(b) a vehicle of a description mentioned in regulation 55(2).

(3) In this regulation, “special vehicle” means a vehicle which is—

(a) engineering plant;

(b) a locomotive other than an agricultural motor vehicle;

(c) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(d) a public works vehicle; or

(e) a works truck.

(4) For the purposes of this regulation—

(a) subject to paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a “vehicle” within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 15 (whether or not regulation 15 applies to the vehicle) as it has effect in relation to a vehicle of the category specified in column 3 of that item;

(b) subject to paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a “vehicle” within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5 of a Community Directive mentioned in the Table if it meets—

(i) the requirements of that paragraph as it applies to a vehicle in category M₁ or N₁ within the meaning of the Community Directive, or

(ii) the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;

(c) subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;

(d) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;

(e) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.

(5) Instead of complying with paragraph (1) a vehicle may comply at the time of its first use—

(a) in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or

(b) in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02.”.