2 Interpretation
1 A reference in these Regulations to a vehicle being of category M or N followed by a number in subscript is to be construed in accordance with Annex II to the second Framework Directive where the vehicle was approved pursuant to the requirements of that Directive and, in all other cases, Annex II to the first Framework Directive.
2 In these Regulations––
“the 1982 Regulations” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982;
“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984;
“the 1985 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985;
“the 1998 Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998;
“the 2007 Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007;
“the 2009 Regulations” means the Road Vehicles (Approval) Regulations 2009;
“the first Framework Directive” means Council Directive 70/156/EEC;
“the second Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council;
“ECE Regulation 83” means Regulation 83 which is an annex to the UNECE Agreement and contains uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements;
“ECE Regulation 103” means Regulation 103 which is an annex to the UNECE Agreement and contains uniform provisions concerning the approval of replacement catalytic converters for power-driven vehicles (as in force on 4th April 2005);
“enforcement authority” means the Secretary of State;
“original equipment catalytic converter” has the meaning given by section 2.17 of Annex I to the Vehicle Emissions Directive or paragraph 2.1 of ECE Regulation 103;
“original pollution control device” has the meaning given in paragraph 12 of article 3 of Regulation (EC) No 715/2007 of the European Parliament and of the Council;
“original replacement catalytic converter” means a catalytic converter within the meaning of section 2.19 of Annex I to the Vehicle Emissions Directive or paragraph 2.3 of ECE Regulation 103;
“original replacement pollution control device” has the meaning given in paragraph 7 of article 2 of Commission Regulation (EC) No 692/2008;
“a 220 relevant vehicle” means a vehicle which—
(a) falls within vehicle category M1 or N1;
(b) is subject to—
(i) an EC certificate of conformity issued in accordance with the 1998 or 2009 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive or article 18 of the second Framework Directive, or
(ii) a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 1985 Regulations, the 2007 Regulations or the 2009 Regulations or any provision of the law of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,
where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Directive or ECE Regulation 83;
(c) is fitted with, or at the time of it being issued with a certificate of conformity was fitted with, an original equipment catalytic converter; and
(d) is first used on or after 1st March 2001;
“a 715 relevant vehicle” means a vehicle which—
(a) falls within vehicle category M1, M2, N1 or N2 and has a reference mass not exceeding 2840kg;
(b) is subject to—
(i) an EC certificate of conformity issued in accordance with the 1998 or 2009 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive or article 18 of the second Framework Directive, or
(ii) a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 2007 Regulations or the 2009 Regulations or any provision of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,
where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Regulations; and
(c) is fitted with, or at the time of it being issued with a certificate of conformity was fitted with, an original pollution control device;
“replacement catalytic converter” has the meaning given—
(a) in the case of a catalytic converter that has been approved pursuant to the requirements set out in the Vehicle Emissions Directive, by section 2.18 of Annex I to the Vehicle Emissions Directive; or
(b) in the case of a catalytic converter that has been approved pursuant to the requirements set out in ECE Regulation 103, by paragraph 2.2 of ECE Regulation 103;
“replacement pollution control device” has the meaning given in paragraph 13 of article 3 of Regulation (EC) No 715/2007 of the European Parliament and of the Council;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;
“the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958, as amended, concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;
“the Vehicle Emissions Directive” means Council Directive 70/220/EEC; and
“the Vehicle Emissions Regulations” means Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008.
S.I. 1982/1271; amended by S.I. 1984/697, 1987/1508, 1992/3084 and 2003/1866; there are other amending instruments but none is relevant.
S.I. 1984/981; amended by S.I. 1987/1509, 1992/2908 and 1997/1502; there are other amending instruments but none is relevant.
S.R. 1985/294; revoked by S.I. 1998/2051.
S.I. 1998/2051; revoked by S.I. 2009/717.
S.R. 2007/240.
S.I. 2009/717.
OJ No L42, 23.2.70, p. 1; last amended by Commission Directive 2007/37/EC (OJ No L161, 22.6.07, p. 60).
OJ No L263, 9.10.07, p.1; amended by Commission Regulation (EC) No 1060/2008 (OJ No L292, 31.10.08, p.1).
OJ No L171, 29.6.07, p. 1; amended by Commission Regulation (EC) No 692/2008 (OJ No L199, 28.7.08, p.1).
OJ No L199, 28.7.08, p.1.
Cmnd 2535 and 3562.
OJ No. L76, 6.4.70, p 1; amending Directives include Commission Directive 98/77/EC (OJ No L286, 23.10.98, p.34) and Commission Directive 2002/80/EC (OJ No L291, 28.10.02, p.20) and it was last amended by Council Directive 2006/96/EC (OJ No L363, 20.12.06, p. 81).
3 Other words or terms used in—
(a) the first or second Framework Directive,
(b) the Vehicle Emissions Directive or Vehicle Emissions Regulations, or
(c) ECE Regulation 83 or 103,
shall, for the purposes of these Regulations, have the same meaning as in, or be construed in accordance with, those Directives or Regulations.
4 For the purposes of the definitions of “a 220 relevant vehicle” and “a 715 relevant vehicle” in paragraph (2), a “national certificate of conformity” includes—
(a) a Minister’s approval certificate issued in accordance with the 1982 Regulations or the 1984 Regulations;
(b) a Department’s approval certificate issued in accordance with—
(i) the 1985 Regulations (but not for the purposes of the definition of “a 715 relevant vehicle”); or
(ii) the 2007 Regulations; and
(c) a national small series certificate of conformity issued in accordance with the 2009 Regulations (but does not include an individual approval certificate issued in accordance with those Regulations).
5 For the purposes of these Regulations, the date on which a vehicle is first used is determined in accordance with—
(a) regulation 3(3) of the Road Vehicles (Construction and Use) Regulations 1986, where the vehicle was first used in Great Britain; or
S.I. 1986/1078, to which there are amendments not relevant to these Regulations.
(b) regulation 2(4) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999, where the vehicle was first used in Northern Ireland.
S.R. 1999/454.