STATUTORY INSTRUMENTS.

S.I. No. 444 of 2000.

EUROPEAN COMMUNITIES (MECHANICALLY PROPELLED VEHICLE ENTRY INTO SERVICE) (AMENDMENT) REGULATIONS, 2000.

S.I. No. 444 of 2000.

EUROPEAN COMMUNITIES (MECHANICALLY PROPELLED VEHICLE ENTRY INTO SERVICE) (AMENDMENT) REGULATIONS, 2000.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to Council Directive 1999/96/EC ¹ as it relates to the entry into service of mechanically propelled vehicles, I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations, 2000.

2. (1) In these Regulations:--

“authorised person” means a person authorised by the Minister to request the production of a certificate of conformity, or an officer of the Revenue Commissioners authorised under section 159 of the Finance Act, 1997 ;

“category M₁” means a category of mechanically propelled vehicles, used for the carriage of passengers and comprising no more than eight seats excluding the driver's seat.

“category M₂” means a category of mechanically propelled vehicles used for the carriage of passengers and comprising more than eight seats excluding the driver's seat, and having a maximum weight not exceeding 5 tonnes.

“category M₃” means a category of mechanically propelled vehicles used for the carriage of passengers comprising more than eight seats excluding the driver's seat, and having a maximum weight exceeding 5 tonnes

“category N₁” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight not exceeding 3.5 tonnes.

“category N₂” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight exceeding 3.5 tonnes but not exceeding 12 tonnes.

“category N₃” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight exceeding 12 tonnes.

“category S” means a category of special purpose vehicles as defined in Annex II.A.5 of Council Directive 70/156/EEC² as amended by Council Directive 98/14/EC³ and which together with ambulances, armoured vehicles, motor caravans and hearses, includes vehicles specially modified to accommodate at least one person in a wheelchair.

“class in relation to a vehicle in category N₁” means the class as declared by the manufacturer in relation to the reference mass as defined in Council Directive 70/220/EEC⁴ as amended by 98/69/EC⁵ .

“distributor” has the meaning assigned to it by Regulation 4 of the Vehicle Registration and Taxation Regulations, 1992 ( S.I. No. 318 of 1992 ).

“end of series vehicle” means a vehicle which is accompanied by a certificate of conformity in respect of a Directive for which the certificate is no longer valid by reason of an amendment to that Directive;

“mechanically propelled vehicle” means a vehicle (with or without bodywork) propelled by either a positive ignition engine or a compression ignition engine, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, and which is intended for use on the road.

“Minister” means the Minister for the Environment and Local Government.

“maximum weight” of a vehicle means the weight executed by the technically permissible maximum laden mass as declared by the vehicle manufacturer.

“new vehicle” means a mechanically propelled vehicle which is less than 3 months old when reckoned from its first entry into service or which has travelled less than 3,000 kilometres or which has not been previously registered.

“separate certificate of conformity” means a certificate which has been completed in accordance with article 5(2) in the form set out in first schedule in respect of a separate Directive or Directives;

“short form of the certificate of conformity” means that part of the declaration for registration of a new mechanically propelled vehicle, in the form prescribed from time to time by the Revenue Commissioners, which contains the particulars of the vehicle and the reference number of the Directive in accordance with which the manufacturer or distributor issued the separate certificate or certificates of conformity in respect of the vehicle;

“single vehicle” means a vehicle which is one of a kind by virtue of having been built by or specifically for the owner, to a plan which is the property of the owner, or a vehicle which is deemed to be a new vehicle for the sole reason that a new body shell has been substituted for a damaged or defective one in the course of maintenance or repair.

“tonne” is the weight executed by a mass of 1,000kg.

(2) In these Regulations--

(a) any reference to an article or a schedule which is not otherwise identified is a reference to an article or a schedule of these Regulations.

(b) any reference to a sub-article which is not otherwise identified is a reference to a sub-article of the provision in which the reference occurs.

(c) except for a word or phrase defined in sub-section (1), or where otherwise indicated, a word or phrase to which a meaning has been assigned by a Directive specified in the Regulations has that meaning.

3. These Regulations apply only to new vehicles in categories M₂, M₃, N₁, N₂, N₃ and S equipped with either positive ignition or compression ignition engines and of which at least 500 units will be manufactured, other than such vehicles which are--

(a) single vehicles,

(b) vehicles intended for use by the armed services, civil defence, fire services or forces responsible for maintaining public order.

4. Subject to article 5, in respect of each new vehicle for which a declaration for registration will be made to the Revenue Commissioners, the manufacturer or distributor of the vehicle shall--

(a) complete and retain each separate certificate of conformity and issue to the owner a short form in respect of each separate certificate of conformity, or

(b) in the case of a vehicle which is to be modified, complete and retain each separate certificate of conformity and issue to the converter a short form of each separate certificate of conformity for onward transfer to the owner of the vehicle.

5. A separate certificate of conformity shall be valid if and only if;

(a) it is printed on paper protected by coloured graphics or watermarked with the vehicle Manufacturer's identification mark, in accordance with article 6(1) of Council directive 70/156/EEC as amended by Council Directive 98/14/EC.

(b) (i) it is issued in respect of the separate Directive to which it relates on or after the day or days specified in the second column of the Second Schedule corresponding to the said Directive, or

(ii) it is issued in respect of a Directive that amends a Directive specified in the second column of the Second Schedule before the amending Directive is transposed into Irish law.

6. (1) Subject to sub-article (4), the Minister may grant an application from a manufacturer or distributor to exempt a new vehicle from the requirements of article 5 for a period of 12 months from the day on which any amendment to the Second Schedule has come into force.

(2) Subject to sub-article (3), the maximum number of vehicles for which the Minister may grant exemptions in accordance with sub-article (1) shall be the greater of either--

(a) the number of vehicles equivalent to 30% of the vehicles of all types concerned which were registered by the Revenue Commissioners in the 12 months which ended on the day immediately before the coming into force of the amended schedule or schedules, or

(b) in the case of vehicles of any one type, the number of such vehicles for which a valid certificate of conformity could have been prepared for issue by the distributor on a day not less than 3 months before the coming into force of the said amended Schedule.

(3) Where the application of paragraph 2(a) would result in exemption for less than 100 vehicles, the Minister may grant exemptions for up to 100 vehicles.

(4) This article shall apply only to vehicles--

(a) which were in the territory of the European Communities, and

(b) were accompanied by a certificate of conformity which had ceased to be valid solely because of the provisions of these Regulations.

7. The application for the exemption shall be made in writing to the Minister by the manufacturer of the vehicle or the distributor and shall contain--

(a) details of the type of vehicle to which the application relates,

(b) the certificate of conformity, in accordance with the Second Schedule in force immediately prior to the amendment that invalidated that certificate, for the vehicle,

(c) the vehicle identification number of the vehicle for which the exemption is sought,

(d) the number of vehicles of that type which were first registered in the 12 month period ending on the day prior to the day from which the amendment applies,

(e) any other information which the Minister may require to be submitted in order to consider the application.

8. (1) At any reasonable time or place an authorised person may request the manufacturer or the distributor to produce any separate one or more of the certificate of conformity in respect of a vehicle for which the short form of the whole vehicle certificate of conformity has been declared to the Revenue Commissioners.

(2) Failure to comply with sub-article 1 shall be an offence.

(3) It shall be an offence for any person to produce a false Certificate of Conformity or false short form of Certificate of Conformity.

(4) A person convicted of an offence under sub-article (2) or (3) of this article shall be liable on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment.

(5) An offence under these Regulations may be prosecuted by the Minister, by an authorised person, or by a member of the Garda Síochána.

SCHEDULE

Form of Certificate of Conformity by Manufacturer or Distributor

SCHEDULE II

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prohibit the first registration of new vehicles from 31 December 2000 unless the details of the vehicles declared to the Revenue Commissioners for registration purposes include a valid certificate of conformity, or at the discretion of the Revenue Commissioners a valid short form of the certificate of conformity, or an end-of-series exemption. Certain exemptions are provided for in the Regulations.

¹ O.J. No. L44 of 16.2.2000.

² O.J. No. L42 of 23.2.70.

³ O.J. No. L91/1 of 25.3.98.

⁴ O.J. No. L76 of 6.4.70.

⁵ O.J. No. L350/5 of 28.12.98.

⁵ O.J. No. L282 of 1.11.96.

⁶ O.J. No. L350 of 28.12.98.

⁷ O.J. No. L334 of 28.12.99.

⁸ O.J. No. L40 of 17.2.96.

⁹ O.J. No. L295 of 25.10.91.

¹⁰ O.J. No. L286 of 23.10.98.