The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) by inserting regulation 61B which restricts the retrofitting and refilling of air conditioning systems containing fluorinated greenhouses gases with a high global warming potential.

These Regulations implement Article 6(1) and (2) of Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 (OJ No. L.161, 14.6.2006, p.12) relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ No. L.42, 23.02.1970, p.1 as lasted amended by OJ No. L161, 22.6.2007, p.60).

Regulation 3 amends the Table in regulation 3(2) of the 1986 Regulations by inserting defined terms for the Road Traffic Act 1988 and the Road Vehicles (Approval) Regulations 2009.

Regulation 4 amends the 1986 Regulations by inserting regulation 61B. Paragraph (1) sets out the vehicles to which regulation 61B applies and paragraph (2) exempts those vehicles from the requirements of regulation 4(2) of the 1986 Regulations. Paragraphs (3) and (4) prohibit the retrofitting of air conditioning systems designed to contain fluorinated greenhouse gases with a high global warming potential to vehicles type approved on or after 1st January 2011 and to all vehicles on or after 1st January 2017 respectively. Paragraphs (5) and (6) prohibit air conditioning systems fitted to vehicles type approved on or after 1st January 2011 and to all vehicles on or after 1st January 2017 respectively from containing fluorinated greenhouse gases with a high global warming potential. Paragraph (7) provides an exception from the refilling provision in paragraph (5) for certain vehicles typed approved on or after 1st January 2011. Paragraphs (8) and (9) contain exemptions for certain vehicles from complying with the provisions in paragraph (6). Paragraph (10) provides an exemption to the refilling provisions in paragraph (6) for vehicles which were fitted with an air conditioning system containing fluorinated greenhouse gases with a high global warming potential before 1st January 2017. Paragraph (11) sets out the circumstances in which a vehicle is considered type approved and paragraph (12) contains the definitions.

Regulation 5 amends Table 1 in Schedule 2 of the 1986 Regulations by adding Directives 2006/40/EC and 2007/46/EC.

Regulation 6 amends Schedule 2A of the 1986 Regulations by inserting a definition of an individual approval certificate into paragraph 1(1), and inserting a new paragraph 9C exempting certain vehicles from complying with the refilling provisions in regulation 61B.

Regulation 7 amends Schedule 7XA of the 1986 Regulations to exempt end of series vehicles from compliance with the refilling provisions in regulation 61B.

A transposition note setting out how these Regulations transpose the provisions of Directive 2006/40/EC is available from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website ( www.opsi.gov.uk). An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

A copy of Directive 2006/40/EC may be obtained from the Stationery Office (www.tso.co.uk) or the EUROPA website (http://eur-lex.europa.eu/en/index.htm).