The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1992

Explanatory Note

(This Note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

Regulation 61 of the 1986 Regulations is amended so as to introduce:

(a) compulsory compliance with the limits on emissions from—

(i) vehicles with spark-ignition engines, and

(ii) light-duty vehicles with compression-ignition engines, first used on or after 31st December 1992 as set by Council Directive 91/441/EEC;

(b) provision for such vehicles first used before 31st December 1992 to comply with those limits instead of existing requirements;

(c) compulsory compliance with certain limits on emissions from vehicles with compression-ignition engines first used on or after 1st October 1993 as set by Council Directive 91/542/EEC if those vehicles do not comply with the limits referred to in paragraph (a) above;

(d) compulsory compliance with the remaining limits on emissions from vehicles with compression-ignition engines first used on or after 1st October 1996 as set by Council Directive 91/542/EEC if those vehicles do not comply with the limits referred to in paragraph (a) above;

(e) provision for vehicles with compression-ignition engines first used before 1st October 1993 to comply with the limits referred to in paragraph (c) above instead of existing requirements;

(f) provision for vehicles with compression-ignition engines first used before 1st October 1996 to comply with the limits referred to in paragraph (d) above instead of existing requirements; and

(g) provision for vehicles with compression-ignition engines first used on or after 1st April 1991 and before 1st October 1993 to comply with ECE Regulation 49 as amended instead of the limits set out in Council Directive 88/77/EEC.

Regulation 4(2) of the 1986 Regulations provides that where a provision is applied to a motor vehicle first used on or after a specified date it does not apply to a vehicle manufactured at least six months before that date. Regulation 4(2) is disapplied in relation to the requirements referred to in paragraph (a), (c) and (d). Those requirements will, accordingly, apply to vehicles first used on or after the dates specified irrespective of the date of manufacture.

Regulation 61 is also amended so that vehicles with rotary piston engines fitted to vehicles first used before 1st August 1987 will not have to comply with paragraph (10A) of that regulation. Paragraph (10A) imposes limits on the carbon monoxide content and hydrocarbon content of the exhaust emissions from certain vehicles with 4-stroke petrol engines.

A minor amendment is made in relation to vehicles fitted by persons who are not motor manufacturers.

Copies of the EEC Directives and ECE Regulations which are relevant to these Regulations can be obtained from Her Majesty’s Stationery Office. The details of the relevant EEC Directives and ECE Regulations are set out below.

Principal Instrument	Relevant Amending Instruments
Council Directive 70/220/EEC of 20th March 1970 (OJ No L76, 6.4.70, p. 1 (SE 1970(I), p. 171).	Council Directive 74/290/EEC of 28th May 1974 (OJ No L159, 15.6.74, p. 61); Commission Directive 77/102/EEC of 30th November 1976 (OJ No L132, 3.2.77, p. 32); Commission Directive 78/665/EEC of 14th July 1978 (OJ No L223, 14.8.78, p. 48); Council Directive 83/351/EEC of 16th June 1983 (OJ No L197, 20.7.83, p. 1); Council Directive 88/76/EEC of 3rd December 1987 (OJ No L36, 9.2.88, p. 1); Council Directive 88/436/EEC of 16th June 1988 (OJ No L214, 6.8.88, p. 1, to which there is a corrigendum in OJ No L303, 8.11.88, p. 36); Council Directive 89/458/EEC of 18th July 1989 (OJ No L226, 3.8.89, p. 1; and Council Directive 91/441/EEC of 26th June 1991 (OJ No L242, 30.8.91, p. 1).
Council Directive 88/77/EEC of 3rd December 1987 (OJ No L36, 9.2.88, p. 33).	Council Directive 91/542/EEC of 1st October 1991 (OJ No L295, 25.10.91, p. 1).
Regulation 49 annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963	Amended on 14th May 1990.