Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 2002

Amendments to Schedule 8

15.—(1) Schedule 8 to the principal Regulations shall be amended in accordance with paragraphs (2) to (8).

(2) In the titles in Part I, for the words “regulations 67 and 74” there shall be substituted the words “regulations 67, 74 and 74A”.

(3) In paragraph 1, after sub-paragraph (4), there shall be inserted the following sub-paragraph–

(4A) Paragraphs (2) and (3) of regulation 74A and an item numbered 1 or 2 in the Table in that regulation shall not apply to–

(a)a type approval end of series vehicle;

(b)a non-type approval end of series vehicle; or

(c)a late entry into service vehicle,

if it is first used before the first anniversary of the date as is specified (as defined in regulation 74A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 74A.

(4) In paragraph 2, for sub-paragraph (2), there shall be substituted the following sub-paragraph–

(2) For the purposes of paragraph (1), a vehicle is a type approval end of series vehicle, in relation to item 2 in the Table in regulation 67 or an item numbered 10 or higher (other than item 11) in Table II in regulation 74 or an item numbered 1 or 2 in the Table in regulation 74A if, by virtue of Schedule 1C to the Northern Ireland Regulations (which Schedule in certain circumstances defers the date on which certain requirements relating to exhaust emissions, noise and silencers cease to apply), the type approval requirements that applied to the vehicle on the date specified in column 3 of the item or, in relation to item 1 or 2 of the Table in regulation 74A, on the date as is specified (as defined in regulation 74A) by the relevant Community Directive are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item or, in relation to item 1 or 2 of regulation 74A, the date as is specified by the relevant Community Directive..

(5) In paragraph 7(2)(e)(ii), after the words “on the date specified in column 3 in the item” there shall be inserted “or, in relation to item 1 or 2 of the Table in regulation 74A, on the date as is specified (as defined in regulation 74A) by the relevant Community Directive”.

(6) In paragraph 9(2)(c), after the words “before the date specified in column 3 of that item” there shall be inserted “or, in relation to item 1 or 2 of the Table in regulation 74A, before the date as is specified (as defined in regulation 74A) by the relevant Community Directive”.

(7) In paragraph 11, after sub-paragraph (b), there shall be inserted the following–

  • ; and

    (c)

    in relation to an item numbered 1 or 2 in the Table in regulation 74A is the two year period ending immediately before the date as is specified (as defined in regulation 74A) by the relevant Community Directive in the Table..

(8) In paragraph 12(b), after the words “before the date specified in column 3 of the item” there shall be inserted “or, in relation to item 1 or 2 of the Table in regulation 74A, before the date specified (as defined in regulation 74A) by the relevant Community Directive”.