The Passenger Car Fuel Consumption Order 1983

Citation and commencement

1.  This Order may be cited as the Passenger Car Fuel Consumption Order 1983 and shall come into operation on 15th November 1983.

Revocation

2.  The Passenger Car Fuel Consumption Order 1977 is hereby revoked.

Interpretation

3.—(1) In this Order—

“the applicant” means the person by whom, or under arrangements made by whom, the tests are carried out under the provisions of Article 6;

“the ECE Regulation” means ECE Regulation 15, Revision 3 incorporating the 04 series of amendments which entered into force on 20th October 1981, being a Regulation which is annexed to the Geneva Agreement;

“an ECE fuel consumption document” means a document in the form set out in the Appendix to Annex 9 to the ECE Regulation issued by the Secretary of State or by the competent authority of a country which is a party to the Geneva Agreement;

“an EEC fuel consumption document” means a document in the form set out in Annex II to the Fuel Consumption Directive issued by the Secretary of State or by the competent authority of a state which is a member of the European Economic Community;

“the ECE test procedure” means the procedure for the carrying out of tests of the fuel consumption of vehicles specified in paragraphs 3, 4, 5 and 6 of Annex 9 to the ECE Regulation;

“the EEC test procedure” means the procedure for the carrying out of tests of the fuel consumption of vehicles specified in paragraphs 3, 4, 5 and 6 of Annex I to the Fuel Consumption Directive;

“the Fuel Consumption Directive” means Council Directive No 80/1268/EEC of 16th December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles;

“the Geneva Agreement” means the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(1), as amended(2), to which the United Kingdom is a party(3);

“Member State” means any State which is a member of the European Economic Community;

“section 15” means section 15 of the Energy Act 1976;

(2) “light oil” and “heavy oil” have the same meanings as in section 1(3) and 1(4) respectively of the Hydrocarbon Oil Duties Act 1979.

(3) Any reference in this Order to a numbered Article or Schedule is a reference to the Article or Schedule bearing that number in this Order and any reference to a numbered paragraph is a reference to the paragraph so numbered in the Article or Schedule in which the reference appears.

Application

4.—(1) Subject to the provisions of paragraph (2), this Order applies to all passenger cars about whose fuel consumption provision may be made by Orders under section 15 which are motor cars having four wheels or more, are propelled by spark ignition or compression ignition engines fuelled by light or heavy oil and which are of a class manufactured after 31st December 1977 except:

(a) cars constructed or adapted for the use of a person suffering from some physical defect or disability;

(b) cars manufactured for use outside the United Kingdom;

(c) cars originally constructed for the conveyance of goods or burden of any description.

(2) This Order does not apply to:—

(a) cars so constructed or adapted that the driving power of the engine is transmitted to all the wheels of the car, or

(b) cars propelled by compression ignition engines fuelled by heavy oil,

unless they are of a class which is manufactured after 1st June 1984.

(3) In this Article “motor car” has the same meaning as in section 190(2) of the Road Traffic Act 1972.

Classes of cars

5.  For the purpose of this Order, all cars which do not differ materially in the technical characteristics specified in Schedule 1 shall be regarded as belonging to the same class.

Officially approved tests

6.—(1) The fuel consumption of every class of car to which this Order applies shall be determined by means of tests carried out under either the EEC test procedure or the ECE test procedure in or outside the United Kingdom on a car of each class by, or under arrangements made by, the manufacturer or in the case of an imported car, the importer of that car.

(2) A test carried out in accordance with paragraph (1) shall be regarded as an officially approved test when the test results have been recorded by the Secretary of State in an official fuel economy certificate.

Official fuel economy certificate

7.—(1) The Secretary of State shall record the results of tests which have been carried out under the provisions of Article 6 on cars of any class in an official fuel economy certificate if,

(a) in a case where an EEC fuel consumption document has been issued in respect of a car of that class (where the car has been tested under the EEC test procedure) or an ECE fuel consumption document has been issued in respect of a car of that class (where the car has been tested under the ECE test procedure), application is made on the form set out in Part I of Schedule 2 accompanied by a copy of the EEC fuel consumption document or ECE fuel consumption document as the case may be, and

(b) in any other case when the conditions specified in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1)(b) are as follows:—

(a) the test shall be carried out in circumstances where officers of the Secretary of State's Department have been offered all such facilities as they may reasonably require to satisfy themselves that the tests are, or have been, properly carried out;

(b) the test shall be carried out at a site approved by the Secretary of State;

(c) the car which is to be tested is of a type which either—

(i) is approved as complying with one of the type approval requirements relating to emissions specified in Part I of Schedule 3 if the car is propelled by a spark ignition engine fuelled by light oil and in Part II of Schedule 3 if the car is propelled by a compression ignition engine fuelled by heavy oil, or

(ii) if not so approved is capable of being so approved;

(d) the particulars of the test shall be submitted to the Secretary of State in the form set out in Part II of Schedule 2;

(e) the Secretary of State does not have reasonable cause to believe that the tests have not been properly carried out; and

(f) the fees specified in Article 11 (if any) are paid to the Secretary of State.

(3) Where, pursuant to paragraph 2(c)(ii) the car which has been tested is capable of being approved as complying with one of the type approval requirements specified in Schedule 3, the Secretary of State shall not record the results in an official fuel economy certificate until the type of car has been approved as complying with one of those type approval requirements and a copy of the approval sent to the Secretary of State.

(4) Where the Secretary of State has recorded any test results in an official fuel economy certificate, he shall furnish a copy of the certificate to the applicant and, subject to paragraph (5), cause the results to be published from time to time with other test results he has so recorded.

(5) The Secretary of State, if requested by the applicant, shall not cause the test results recorded in the certificate to be published until the expiry of such period of not more than 6 months beginning on the date on which an application was made under the provisions of Article 7(1)(a) or, as the case may be, particulars of the test submitted to the Secretary of State under the provisions of Article 7(2)(d).

Calculation of fuel consumption figures

8.—(1) Where, pursuant to the provisions of Article 7(1), application is made in the form set out in Part I of Schedule 2—

(a) the fuel consumption in litres per hundred kilometres required to be stated in item 3 of the form shall be the fuel consumption as specified in either paragraph 7 of the EEC fuel consumption document or in the test report referred to in paragraph 10 of that document or, as the case may be, in either paragraph 13 of the ECE fuel consumption document or in the test report referred to in paragraph 11 of that document, expressed—

(i) if the fuel consumption is 5.0 litres per hundred kilometres or less, to the nearest 2 decimal places, amounts of 0.005 being treated as zero, and

(ii) if the fuel consumption is more than 5.0 litres per hundred kilometres, to the nearest one decimal place, amounts of 0.05 being treated as zero, and

(b) the fuel consumption in miles per gallon required to be stated in item 3 of the form shall be calculated by dividing 282.481 by the fuel consumption in litres per hundred kilometres as specified in the appropriate document referred to in sub-paragraph (a) above, the result being expressed to one decimal place, amounts of 0.05 being treated as 0.1.

(2) Where, pursuant to the provisions of Article 7(2), particulars of the tests are submitted to the Secretary of State in the form set out in Part II of Schedule 2—

(a) the fuel consumption in litres per hundred kilometres required to be stated in paragraph 9 of the form shall be the fuel consumption as determined by the tests expressed in the manner specified in paragraphs (1)(a)(i) and (ii); and

(b) the fuel consumption in miles per gallon required to be stated in paragraph 9 of the form shall be calculated by dividing 282.481 by the fuel consumption in litres per hundred kilometres as determined by the tests, the result being expressed to one decimal place, amounts of 0.05 being treated as 0.1.

Repetition of tests

9.—(1) (a) In any case where an EEC fuel consumption document or an ECE fuel consumption document has not been issued for a class of car, the Secretary of State may require the tests referred to in Article 6(1) to be repeated by, or under arrangements made by, the applicant in respect of any class of car manufactured or imported by him at a place and within a period determined by the Secretary of State in any case where the Secretary of State has reasonable cause to believe that the results of the repeated tests would differ significantly from the results recorded in the official fuel economy certificate.

(b) Where tests are required to be repeated under paragraph (1) by, or under arrangements made by, the applicant, he shall—

(i) ensure that these tests are carried out at a place and within the period determined by the Secretary of State in circumstances where officers of the Secretary of State's Department are afforded all such facilities as they may reasonably require to satisfy themselves that the tests are, or have been, properly carried out; and

(ii) furnish to the Secretary of State particulars of the tests in the form set out in Part II of Schedule 2 within one month from the date of the carrying out of the tests.

(2) Where no request has been made by the Secretary of State under paragraph (1) but:

(a) the tests referred to in Article 6 have been repeated by, or under arrangements made by, the applicant in respect of any class of car manufactured or imported by him; and

(b) in the case of a class of car for which an EEC fuel consumption document or an ECE fuel consumption document has been issued following the repeated tests, application is made in the manner specified in Article 7(1)(a); and

(c) in any other case, the conditions specified in Article 7(2) are satisfied,

the Secretary of State shall record the repeated test results by amending the official fuel economy certificate for the class of car for which the repeated tests were carried out.

(3) If the Secretary of State records any repeated test results by amending the official fuel economy certificate for the class of car for which the repeated tests were carried out, the repeated tests shall thereafter be regarded as the officially approved tests for that class of car.

(4) Where the Secretary of State has recorded any repeated test results by amending an official fuel economy certificate, he shall furnish a copy of the amended certificate to the applicant and cause the results to be published from time to time with other test results he has recorded in official fuel economy certificates.

Notification of change in technical characteristics

10.  A manufacturer or, as the case may be, an importer of a class of car to which this Order applies, except a class of car for which an EEC fuel consumption document or an ECE fuel consumption document has been issued, in respect of which an official fuel economy certificate has been issued who intends to make any changes in the technical characteristics of the car may notify the Secretary of State on the form shown in Schedule 4 and the Secretary of State may, if satisfied that the proposed changes in the technical characteristics are such as to make it appropriate to do so, notify the manufacturer that no further test is needed and, in that event, the test results recorded in the official fuel economy certificate for the class of car before the change in technical characteristics shall be regarded as the test results for the class of car after the change in technical characteristics and the Secretary of State shall amend the official fuel economy certificate accordingly.

Fees

11.  Where, pursuant to the provisions of Articles 7(2)(a) or 9(1)(b), an officer of the Secretary of State has observed a test (whether carried out in the United Kingdom or outside it), there shall be paid to the Secretary of State on demand by the applicant a sum equal to the cost of travelling and subsistence expenses reasonably incurred by that officer for the purpose of observing the tests.

Appointed day

12.  The Order revoked by Article 2 having appointed 1st April 1978 as the date on which section 15(3) should have effect in relation to every class of car to which this Order applies except:—

(1) classes of cars manufactured after 1st June 1984 which comprise cars so constructed or adapted that the driving power of the engine is transmitted to all the wheels of the car; and

(2) classes of cars manufactured after 1st June 1984 which comprise cars propelled by compression ignition engines fuelled by heavy oil;

this Order hereby appoints 1st December 1984 as the date from which section 15(3) shall have effect in relation to the classes of cars referred to in paragraphs (1) and (2).

New Cars

13.  For the purposes of paragraphs (a), (d) and (e) of section 15(3), a car is to be regarded as a new car if any person in the course of a business uses in respect of it any indication that it has been driven for less than 500 miles unless any such person shows that it had been previously sold to a person who bought it for a purpose other than that of selling or supplying it.

Information as to test results

14.—(1) For the purposes of paragraphs (b) and (c) of section 15(3), the information as to the results of the relevant official tests to be included in material issued to the general public or in manuals or handbooks shall be information as to the fuel consumption expressed both in miles per gallon and in litres per 100 kilometres of the class of car to which the tests relate as determined by those tests and recorded in an official fuel economy certificate.

(2) For the purposes of paragraph (d) of section 15(3), the information relating to cars which have been subjected to the relevant official tests shall be the information as to the results of the tests which the Secretary of State has last caused to be published under Articles 7(4) or 9(4).

(3) For the purposes of paragraph (e) of section 15(3), the label to be affixed to a car shall be in all respects (including size, lay-out and variation of type) in the form shown in Schedule 5 and shall contain, by insertion in permanent and legible characters in the appropriate spaces, the following information—

(a) a distinctive reference to the models, that is to say descriptions of cars, to which the relevant official tests relate, and

(b) information as to the fuel consumption expressed in miles per gallon of the class of car to which the tests relate as recorded in the official fuel economy certificate as determined:—

(i) by the tests simulating urban driving,

(ii) by the tests at a constant speed of 90 kilometres per hour, and

(iii) by the tests at a constant speed of 120 kilometres per hour, if such tests are required to be, or have been, carried out.

(4) For the purposes of paragraphs (1) and (3) above, amendments to an official fuel economy certificate shall be disregarded if they are made less than two months before the car for the first purchaser of which the manual or handbook is issued or, as the case may be, to which the label is to be affixed leaves the factory.

Cases where a person is not to be regarded as one who deals in new cars

15.—(1) Where a person supplies a new car to another person (in this Article, referred to as “the customer”) under a hire purchase agreement, conditional sale agreement or credit sale agreement and

(a) he carries on the business of financing the acquisition of cars by others by means of such agreements, and

(b) in the course of that business acquired the car supplied to the customer only as a means of financing its acquisition by the customer from a third person,

he shall not be regarded as a person who deals in new cars.

(2) Where a person supplies a new car to a customer under a hire agreement, and

(a) he carries on the business of financing the use of cars by others by means of hire agreements, and

(b) in the course of that business, acquired the car only for the purpose of financing its provision to the customer by a third person,

he shall not be regarded as a person who deals in new cars.

(3) In this Article—

(a) “hire purchase agreement”, “conditional sale agreement” and “credit sale agreement” have the same meaning as in section 189(1) of the Consumer Credit Act 1974, and

(b) “hire agreement” means an agreement other than a hire-purchase or conditional sale agreement under which a new car is bailed or (in Scotland) hired in return for periodical payments by the person to whom it is bailed or hired.

Exemptions

16.  The Secretary of State may exempt any manufacturer or importer of cars (or any class of manufacturer or importer of cars) from any of the requirements of this Order either unconditionally or subject to conditions and with or without a limit in time and may vary or revoke any such exemption.

Savings

17.  Where, before the coming into operation of this Order, the fuel consumption of any class of car has been tested and the results of the tests recorded in an official fuel economy certificate under the provisions of the Order revoked by Article 2, the results of the test shall be regarded as having been recorded in an official fuel economy certificate issued under the provisions of Article 7 of this Order.

Tom King

Secretary of State for Transport

9th October 1983