The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006

Provisions applying to CI engines only

5.  After regulation 3 insert—

“Provisions applying to CI engines only

Categories of CI engines and applicable limit values on emissions

3A.— (1) For the purposes of these Regulations, a CI engine falls within a category specified in column 1 of Table 1, 2, 3, 4 or 5 in Schedule 8 to these Regulations if—

(a) the engine is one to which the Table applies, and

(b) the power output or swept volume of the engine is within the range for that category specified in column 2 of the Table (or, in the case of certain categories specified in Table 3, both the power output and swept volume of the engine are within that range).

(2) The question whether an engine is one to which a particular Table applies is to be determined in accordance with Part 1 of Schedule 8 to these Regulations.

(3) Where an engine would, in accordance with paragraph (1), fall within two or more categories—

(a) the engine is to be taken as falling within the category for which the period specified in column 3 of the Table is current at the date when the engine is placed on the market, and

(b) the limit values that apply to the emissions of gaseous and particulate pollutants from the engine are those that are specified in the provision of Annex 1 which is listed for that category in column 4.

(4) But, in connection with the issue of type approval certificates under these Regulations, regulation 3C(3) shall apply to determine the category within which an engine falls (instead of paragraph (3)).

(5) Where the period referred to in paragraph (3)(a) has expired in relation to any category of engine, the entry for that category in the Table has effect only for the purposes of—

(a) in the case of an engine which is to be replaced, determining the limit values that the engine had to meet when it was originally placed on the market (see regulation 7A), and

(b) determining the application in any particular case of any provision of Schedule 9 which refers to the limit values that applied to a category of engine under the immediately preceding Stage.

(6) Part 2 of Schedule 8 contains—

(a) Table 1 (intermittent speed CI engines: use in applications not covered by Tables 3 to 5);

(b) Table 2 (constant speed CI engines: use in applications not covered by Tables 3 to 5);

(c) Table 3 (CI engines: propulsion of, and auxiliary use in, inland waterway vessels);

(d) Table 4 (CI engines: propulsion of locomotives); and

(e) Table 5 (CI engines: propulsion of railcars).

General duty relating to placing on the market of CI engines

3B.— (1) No person shall place on the market any engine (whether or not already installed in machinery) unless—

(a) the requirements listed in paragraph (2) have been complied with in relation to the engine, or

(b) Schedule 9 to these Regulations contains provision which has the effect of allowing the engine to be placed on the market notwithstanding that one or more of those requirements is not complied with.

(2) The requirements are that—

(a) the approval authority has issued a type approval certificate,

(b) the engine conforms to the requirements of the type approval,

(c) the engine has affixed to it markings in accordance with regulation 11(1), including the type approval number, and

(d) the emissions of gaseous and particulate pollutants from the engine comply with the limit values that apply to the engine by virtue of regulation 3A.

Provisions for grant of type approval certificate for CI engines

3C.— (1) An application may be made under regulation 8 for a type approval certificate for an engine type or engine family in any case where a type approval certificate issued under these Regulations is required for the purposes of regulation 3B.

(2) The approval authority shall not issue a certificate pursuant to regulation 9(1) if—

(a) the engine provided in connection with the application does not meet the requirements specified in these Regulations, or

(b) the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values that apply to the engine by virtue of paragraph (3).

(3) Where an engine would, in accordance with regulation 3A(1), fall within two or more categories—

(a) the engine is to be taken as falling within the category for which the period specified in column 5 of the Table is current at the date when the application for a type approval certificate is made, and

(b) the limit values that apply to the emissions of gaseous and particular pollutants from the engine are those that are specified in the provision of Annex 1 which is listed for that category in column 4.

(4) Paragraph (2)(b) does not apply in the circumstances specified in paragraph 19 of Schedule 9.”.