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The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006

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Amendment of regulation 61AE+W+S

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4.—(1) Regulation 61A of the 1986 Regulations, (emission of smoke, vapour, gases, oily substances etc - further requirements for certain motor vehicles first used on or after 1st January 2001) shall be amended as follows.

(2) Paragraph (7) shall be replaced with the following—

(7) If a vehicle has, in accordance with Schedule 7XA, been exempted from the need to comply with any provision of a Community Directive specified in item 1 or 2 in the Table (“the exempted provision”), it shall, in substitution for the exempted provision, comply with the equivalent provision (if any) that would have applied by virtue of this regulation in relation to such a vehicle immediately before the coming into force of the requirement to comply with the exempted provision; and in relation to that equivalent provision paragraphs 2 to 4 shall apply as if they referred to the Community Directive under which that equivalent provision arose..

(3) Sub-paragraph (b) of paragraph (8) shall be replaced with the following—

(b)“date as is specified” means, in relation to any vehicle and—

(i)in relation to limit values set by a Community Directive specified in item 1 or 2 in the Table, the date specified by that Community Directive as that from which Member States are required to prohibit the registration or the entry into service of that vehicle if it does not comply with those limit values; or

(ii)in relation to emission control and monitoring systems and devices, the date specified by a Community Directive specified in item 1 or 2 in the Table as that from which Member States are required to ensure that such equipment is fitted to that vehicle,

provided that, where a Community Directive specified in item 2 in the Table re-enacts a requirement imposed by a Community Directive that had been specified in that item immediately before 9th November 2006, the date as is specified shall be the date that had been specified by that previous Directive;.

(4) After paragraph (8), the following sub-paragraph shall be added—

(9) Regulation 4(2) does not apply to any requirement imposed on a vehicle by or under this Regulation..

(5) Item 2 in the Table in regulation 61A of the 1986 Regulations shall be replaced with the following—

2.2005/55/EC or ECE Regulation 49.02

2005/78/EC

2006/51/EC.

Commencement Information

I1Reg. 4(1)-(4) in force at 20.10.2006, see reg. 1(2)

I2Reg. 4(5) in force at 9.11.2006, see reg. 1(2)

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