The Vehicle Excise Duty (Reduced Pollution) Regulations 1998

The reduced pollution requirements

5.—(1) A vehicle satisfies the reduced pollution requirements for the purposes of the 1994 Act at any time when, as a result of an adaptation of a description specified in paragraph (2) (“a prescribed adaptation”) having been made to it after 17th March 1998, the reduced pollution requirements are satisfied with respect to it in accordance with paragraph (3).

(2) A prescribed adaptation is–

(a) the fitting of a new engine to a vehicle; or

(b) the fitting to the engine of the vehicle of a device in respect of which there is in force a certificate of conformity issued by the manufacturer of the vehicle under section 57 of the Road Traffic Act 1988(1) on the basis that the device complies with approval requirements prescribed for the purpose of these Regulations by the Secretary of State in regulations made by him under section 54 of that Act.

(3) In relation to a vehicle which at the time it was first used was required to comply or did comply, as to the rate and content of its particulate emissions, with the requirements specified in an instrument referred to in column (2) of an item in the Table below, the reduced pollution requirements are satisfied if the vehicle is adapted so that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

TABLE

(1)	(2)	(3)
Item	Instrument setting standard to which vehicle was first used	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC(2)	0.16
2	Directive 91/542/EEC(3) (limits A)	0.16
3	Directive 91/542 (limits B)	0.08
4	European Commission Proposal Com (97) 627 for a European and Council Directive amending Council Directive 88/77(4)	0.04

(4) A vehicle which was first used before 1st April 1991 shall be taken to be a vehicle to which item 1 of the table applies.

(5) A vehicle shall be taken to have been first used on the date on which it was registered under–

(a) the Roads Act 1920(5);

(b) the Vehicles (Excise) Act 1949(6);

(c) the Vehicles (Excise) Act (Northern Ireland) 1954(7);

(d) the Vehicles (Excise) Act 1962(8);

(e) the Vehicles (Excise) Act 1971(9);

(f) the Vehicles (Excise) Act (Northern Ireland) 1972(10); or

(g) the 1994 Act.

(1)

Section 57 was amended by the Motor Vehicles (EC Type Approval) Regulations 1992, S.I. 1992/3107, Schedule 2, paragraph 5(1).

(2)

OJ No. L36, 9.2.88, page 3.

(3)

OJ No. L295, 25.10.91, page 1.

(4)

OJ No. 98/C 173/1, 8.6.98, page 18.

(5)

1920 c. 72.

(6)

1949 c. 89.

(7)

1954 c. 17 (N.I.).

(8)

1962 c. 13.

(9)

1971 c. 10.

(10)

1972 c. 10 (N.I.).