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Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”).

Regulation 16 (turning circle — articulated vehicles other than those incorporating a car transporter) is substituted and redrafted so as to modify the categories of articulated vehicle which are exempted from that regulation (regulation 4).

Regulation 74 (emissions of smoke, vapour, gas, oily substances etc.) is amended–

(a)so as to insert a new paragraph (2A), the effect of which is to provide that Tables I and II of regulation 74 shall not apply to motor vehicles that are first used after the coming into operation of these Regulations; and

(b)so as to add a reference to ECE Regulations into column 4(a) of items 11 to 14 of Table II (regulation 9).

A new regulation 74A is introduced applying to certain motor vehicles first used after the coming into force of these Regulations. The new regulation requires motor vehicles to comply with such design, construction and equipment requirements and limit values as apply to them by virtue of Community Directives or ECE Regulations specified in item 1 or 2 of the Table. The Table incorporates references to recent Directives 98/69/EC, 1999/96/EC and 1999/102/EC. Reference is also made to the small series exemption set out in the Framework Directive (paragraph (5)) (regulation 10).

Schedule 1 is amended so as to add items to the list of Community Directives specified (regulation 13).

Schedule 1A is amended so that regulation 74A shall not apply to motor vehicles which have been issued with an approval certificate (as defined in Schedule 1A) (regulation 14).

Consequential amendments are made to Schedule 8 (regulation 15).

The opportunity has been taken to make a number corrections to the 1999 Regulations (regulations 2, 3, 5, 6, 7, 8, 9(5)(a), 11, 12 and 14(2)).

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

Copies of the relevant Directives and ECE Regulations can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.