The Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 2003

Statutory Instruments

2003 No. 2428

ROAD TRAFFIC

The Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 2003

Made

16th September 2003

Laid before Parliament

1st October 2003

Coming into force

23rd October 2003

The Secretary of State for Transport, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) for the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme, in exercise of the powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment)(No. 2) Regulations 2003 and shall come into force on 23rd October 2003.

Amendments to Schedule 1

2.—(1) The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998(3) shall be further amended by the insertion in the columns specified of the entries specified below.

(2) In item 2 (Emissions), there shall be inserted in the third and fourth columns after the last entry —

2003/76EC*

L206, 15.8. 2003 p.29

(3) In item 48 (Masses and Dimensions), there shall be inserted in the third and fourth columns after the last entry —

2003/19/EC*

L79, 26.3. 2003 p.6

Signed by the authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

16th September 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (EC Type Approval) Regulations 1998 (“the 1998 Regulations”).

Council Directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles (4) (a “separate Directive” specified in Schedule 1 to the 1998 Regulations) as last amended by Commission Directive 2002/80/EC has been amended by Commission Directive 2003/76/EC. Directive 2003/76/EC complements the technical measures introduced by Directive 2002/80/EC so as to —

(i) prevent certain on board diagnostic systems from creating a trade barrier, and

(ii) allow replacement catalytic converters to be type approved as a separate technical unit.

Council Directive 97/27/EC relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC (5) (a “separate Directive” specified in Schedule 1 to the 1998 Regulations) has been amended by Commission Directive 2003/19/EC. Directive 2003/19/EC allows EC type approval of vehicles which reach the new authorised dimensions, and in particular the increased maximum length of buses and coaches.

Regulation 2(2) inserts a reference to Directive 2003/76/EC and regulation 2(3) inserts a reference to Directive 2003/19/EC, at the appropriate places in the table in Schedule 1 to the 1998 Regulations, thereby implementing those Directives for the purposes of EC type approval procedures.

In line with the 1998 Regulations, the use of the symbol* denotes that the Directive specified is a Commission Directive.

This Explanatory Note incorporates the Transposition Note that would otherwise have been provided separately.

Copies of the EC Directives referred to in these Regulations can be obtained from the Stationery Office.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1998/2051, the relevant amending instruments are S.I. 1999/778, 2001/2809, 2002/2743 and 2003/1019.

(4)

OJ L76, 6.4.1970 p1.

(5)

OJ L233, 25.8.1997, p1.