The Fluorinated Greenhouse Gases Regulations 2009

Qualifications relating to air conditioning systems in motor vehicles

40.—(1) Subject to paragraphs (2) and (3) and regulation 41, it is an offence if an individual—

(a) recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van, and

(b) does not hold an air conditioning qualification,

in contravention of Article 2.1 of Commission Regulation 307/2008.

(2) Paragraph (1) does not apply to an individual who—

(a) is enrolled on a training course for the purpose of obtaining an air conditioning qualification, and

(b) recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van under the supervision of an individual who does hold such a qualification,

for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(3) Up to and including 3rd July 2010, paragraph (1) does not apply to an individual who holds a qualification referred to in Schedule 1.

(4) In this regulation—

(a) “motor car” means a motor vehicle which—

(i) has at least four wheels,

(ii) is used for the carriage of passengers, and

(iii) has no more than nine seats, including the seat for the driver;

(b) “motor van” means a motor vehicle which—

(i) has at least four wheels,

(ii) has a maximum weight not exceeding 1.305 metric tons, and

(iii) is used for the carriage of goods;

(c) “air conditioning qualification” means a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body referred to in regulation 39(2).