The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 2003

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) in relation to the visual transmission requirements for light through windscreens and windows and to the periodic and roadside exhaust emissions tests. These latter amendments implement Commission Directive 2003/27/EC which amended Council Directive 96/96/EC and Commission Directive 2003/26/EC which amended Directive 2000/30/EC of the European Parliament and of the Council.

Regulation 3 amends regulation 32 of the 1986 Regulations by the insertion of a new paragraph (11A) which expressly applies the requirements as to the visual transmission of windscreens and windows in paragraph (10), and the exceptions in paragraph (11), to any tint, film, other substance or material applied to a windscreen or window.

Regulation 4 amends regulation 61 of the 1986 Regulations so that the requirements of paragraph (10AA) apply to a non-passenger vehicle first used on or after 1st July 2002 which is not of a model listed in the Annex to the publication entitled `In-Service Exhaust Emission Standards for Road Vehicles' (“the emissions publication”).

Regulation 5 amends Schedule 7B to the 1986 Regulations by introducing a default limit of 0.3% for normal idling speeds and 0.2% for fast idling speeds for vehicles propelled by spark ignition engines first used on or after 1st July 2002. It also introduces a default limit of 1.5 per metre for vehicles propelled by compression ignition engines first used on or after 1st July 2008.

Schedule 7B to the 1986 Regulations sets out the exhaust emissions limits for normal and fast idling speeds for vehicles propelled by spark ignition engines and the emission limits for vehicles propelled by compression ignition engines. Requirements for periodic and roadside exhaust emissions tests are set out in point 8.2 of Annex II to Directive 96/96/EC and point 2 of Annex II to Directive 2000/30/EC. These provisions have been respectively amended by Commission Directive 2003/27/EC and Commission Directive 2003/26/EC. Regulation 5 implements the revised requirements.

A Regulatory Impact Assessment has been prepared in respect of the amendments to regulation 61 of, and Schedule 7B to, the 1986 Regulations and copies can be obtained from the Department for Transport, Zone 4/19, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: 020-7944 2087). Copies are being placed in the library of each House of Parliament. The Regulatory Impact Assessment does not cover the amendments to regulation 32 of the 1986 Regulations because those amendments have been made for the purposes of clarifying the existing controls. No separate transposition note has been provided since all the relevant information is contained within this Explanatory Note.

The amendments to regulation 32 of the 1986 Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L204, 21.7.98, p. 37).

Copies of the emissions publication can be obtained from the Vehicle and Operator Services Agency, Berkeley House, Croydon Street, Bristol BS5 ODA (telephone: 0117-954 3277).

Copies of the relevant EC Directives can be obtained from the Stationery Office.