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

Exemptions: SI engines only

9.—(1) After regulation 6 insert(1)—

“Exemptions for SI engines

6A.— (1) The requirements of regulation 4 shall not apply to—

(a) SI engines produced directly or indirectly on behalf of and for use only by the armed services; and

(b) replacement SI engines which comply with regulation 7A.

(2) The requirements of regulations 4(2)(a), (b) and (c) shall not apply to SI engines which—

(a) are approved by the competent approval authorities in another EEA State in accordance with Directive 97/68/EC;

(b) conform to the requirements of the approval; and

(c) have affixed to them the markings as defined in section 3 of Annex 1, including the type approval number.

(3) Subject to paragraph (5), the requirements of regulations 4(2)(g) and 6(4) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for a SI engine which—

(a) falls within a small volume engine family; and

(b) is not manufactured by a small volume engine manufacturer;

so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.

(4) Subject to paragraph (5), the requirements of regulations 4(2)(h) and 6(5) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for a SI engine which—

(a) falls within a small volume engine family; and

(b) is manufactured by a small volume engine manufacturer;

so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.

(5) The total number of SI engines being exempted in accordance with paragraphs (3) and (4) shall not exceed 25,000 per engine family in any one calendar year.

(6) The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is not manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(g) and 6(4) for three years (from the date applicable to the class of engine specified in column 2 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).

(7) The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(h) and 6(5) for three years (from the date applicable to the class of engine specified in column 3 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).”.

(1)

The inserted text reproduces the provision that was formerly regulation 15 of the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (“the 1999 Regulations”), with amendments to limit its application to SI engines. Regulation 15 of the 1999 Regulations is revoked by regulation 14 of these Regulations.