21. After regulation 14 (provision of technical information: loss or damage), insert—
14A.—(1) For the purposes of article 72 of the AFV Regulation, “use of a defeat device” is where a vehicle manufactured by a person—
(a)is placed on the market or registered in the United Kingdom; and
(b)that vehicle is fitted with a defeat device.
(2) A separate offence under article 19(3) of the AFV Regulation M1 is committed in respect of each such vehicle placed on the market or registered.
(3) Where, following examination of vehicles associated with a single vehicle type approval, the enforcement authority is satisfied that two or more of those vehicles—
(a)are vehicles for which a certificate of conformity has been issued in respect of that approval; and
(b)are fitted with a defeat device,
each vehicle associated with that single vehicle type approval is to be taken to be similarly fitted with a defeat device unless proved otherwise by the manufacturer.
(4) In paragraph (3), a vehicle is associated with a vehicle type approval if a certificate of conformity relating to that type approval has been issued in respect of that vehicle.
(5) In this regulation—
“auxiliary emission control strategy” has the meaning given in article 1(10) of Commission Delegated Regulation (EU) 2017/654;
“Commission Delegated Regulation (EU) 2017/654” means Commission Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery M2;
“defeat device” means—
a defeat strategy as defined in article 3(63) of Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery M3; or
an auxiliary emission control strategy which is prohibited under point 2.3.7 of Annex IV of Commission Delegated Regulation (EU) 2017/654;
“placed on the market” means supplying or making available, whether in return for payment or free of charge, to a third party, and includes exposure for sale to a third party;
“registered” means registered pursuant to section 21 of the Vehicle Excise and Registration Act 1994 M4.”.
Marginal Citations
M1Article 19(3) of the AFV Regulation requires compliance with the emissions provisions of Regulation (EU) 2016/1628, which in turn prohibits the use of defeat strategies and, by virtue of Commission Delegated Regulation (EU) 2017/654, misuse of an auxiliary emission control strategy.
M2OJ No. L 102, 13.4.2017, p. 1.
M3OJ No. L 252, 16.9.2016, p. 53.
22. In Schedule 1—
(a)in paragraph 3(1), for “six” (twice), substitute “ three ”;
(b)after paragraph 6(6), insert—
“(7) A notification under sub-paragraph (4) notifying the recipient that the enforcement authority has decided to cancel the penalty must state the enforcement authority's reasons for the decision under sub-paragraph (3).”;
(c)in paragraph 7(3), for “7(2)”, substitute “ 6(4) ”.
23. In Schedule 2, after paragraph 1, insert—
1A. In regulation 5B(7)(c) of the Motor Fuel (Composition and Content) Regulations 1999 M5, for “have the meanings given by Article 1 of Council Directive 2000/25/EC”, substitute “ mean an agricultural or forestry vehicle (as appropriate) which is a tractor, within the meanings given by Articles 3 and 4 of Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles M6, as it may be amended from time to time ”.”.
Marginal Citations
M5S.I. 1999/3107, as amended by S.I. 2001/3896, 2003/3078, 2007/1608, 2010/3035, 2012/2567, 2013/2897, 2014/3076 and 2015/1630 and 1796. Regulation 5B was inserted by S.I. 2010/3035.
M6OJ No. L60, 2.3.2013, p.1.