S.I. No. 127 of 2009

EUROPEAN COMMUNITIES (MOTOR VEHICLES TYPE APPROVAL) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 10th April, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the power conferred on me by section 3 (as amended by the European Communities Act 2007 (No. 18 of 2007)) of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to the Directives specified in Schedule 1 and to Articles 11 and 13 of Regulation (EC) No. 715/2007 (1) of the European Parliament and of the Council, hereby make the following Regulations-

Citation and commencement.

1. (1) These Regulations may be cited as the European Communities (Motor Vehicles Type Approval) Regulations 2009.

(2) These Regulations come into operation on 2 April 2009.

Interpretation.

2. (1) In these Regulations-

"certificate of conformity" means a certificate issued by a vehicle or component manufacturer or its authorised representative in accordance with paragraphs (1) and (2) of Regulation 9;

"component" means a part, aspect or feature of or for a vehicle (including a system or parts which form a separate technical unit) that is the subject of a scheduled Directive, and includes any part of the equipment of a vehicle and anything intended for the protection of a person in a vehicle, whether or not it forms part of the vehicle;

"the NSAI" means the National Standards Authority of Ireland established by section 6 of the National Standards Authority of Ireland Act 1996 (No.18 of 1996);

"the RSA" means the Road Safety Authority established by section 3 of the Road Safety Authority Act 2006 (No.14 of 2006);

"scheduled Directive" means a Directive specified in Schedule 1;

"type approval certificate" means a certificate issued by the NSAI in accordance with paragraphs (3) and (4) of Regulation 6;

"type approval mark" means a mark issued by the NSAI under Regulation 6(3) in accordance with a scheduled Directive; and

"type approval requirements", in relation to a vehicle or component, means the requirements of the applicable scheduled Directives relating to the design, construction, equipment and marking of the vehicle or component.

(2) In these Regulations, a word or phrase that is defined in a scheduled Directive has that meaning unless otherwise stated.

Application of these Regulations.

3. These Regulations apply to and in relation to a vehicle (including a trailer) to which a scheduled Directive applies and to a component of such a vehicle.

Approval authority.

4. The National Standards Authority of Ireland (in these Regulations called "the NSAI") is the approval authority for the State for the purposes of-

(a) Directive 70/156/EEC ⁽¹⁾ (as amended by Council Directive No. 92/53/EEC (2) of 18 June 1992) and

(b) Directive 2002/24/EC (3) .

Application for type approval.

5. (1) An application for type approval of a vehicle or component to which these Regulations apply shall be made in writing to the NSAI by the manufacturer of the vehicle or component or the manufacturer's authorised representative.

(2) An application for type approval shall be accompanied by an information document duly completed and by any other documents required by the information document.

(3) If a manufacturer or its authorised representative has made, in the State, an application for type approval, neither it nor its representative may make a similar application in another member State in respect of the same type of vehicle or component.

Approval of vehicle or component as type vehicle or type component.

6. (1) If the NSAI is satisfied in respect of an application for type approval-

(a) that the vehicle or component concerned is of a type that is in conformity with-

(i) the information given in the information document, and

(ii) the type approval requirements applicable to the vehicle or component, and

(b) that arrangements have been made by the manufacturer or its authorised representative to ensure that other vehicles or components of that type will conform with the information given in the information document and with the type approval requirements,

the NSAI shall approve the vehicle or component as a type vehicle or type component.

(2) For a vehicle, the NSAI shall issue a type approval certificate.

(3) For a component, the NSAI shall issue a type approval certificate in the manner specified in the appropriate scheduled Directive and, if that Directive also provides for the issue of a type approval mark, shall also issue such a mark.

(4) A type approval certificate-

(a) for a vehicle, shall be in-

(i) the form set out in Schedule 2,

(ii) in the case of a vehicle with four or more wheels (other than such a vehicle to which Directive 2002/24/EC applies), the form set out in Annex VI to Directive 70/156/EEC (1) (as amended by Directive 2007/37/EC (2) ); or

(iii) in the case of a vehicle with two or three wheels or another vehicle to which Directive 2002/24/EC applies, the form set out in Annex III to that Directive (as amended by Directive 2006/96/EC (3) ); and

(b) for a component shall be in the form specified in the relevant scheduled Directive.

(5) If the NSAI has granted a type approval under these Regulations it shall, in co-operation with other member States if necessary, take the necessary measures to verify that relevant production models conform to the type approval.

(6) Measures taken under paragraph (5) shall be limited to spot checks.

Notice of non-conformity.

7. (1) If after considering an application for type approval the NSAI decides that the vehicle or component concerned does not conform to the information in the relevant information document or the applicable type approval requirements, it shall notify the applicant in writing of the decision.

(2) A notice under paragraph (1) shall specify the grounds for the decision.

Notification to other Member States.

8. The NSAI shall, within one month of a decision on an application for type approval, send to the competent authority of each other member State a copy of the completed information document and a copy of the type approval certificate or of the relevant notice issued under Regulation 7, as the case may be.

Certificates of conformity.

9. (1) The manufacturer (or its authorised representative) of a type vehicle for which a type approval certificate has been issued and is in force shall complete and issue a certificate of conformity for each vehicle manufactured in conformity with the type vehicle.

(2) A certificate of conformity-

(a) for a vehicle, shall be in-

(i) the form set out in Schedule 3,

(ii) in the case of a vehicle with four or more wheels (other than such a vehicle to which Directive 2002/24/EC (1) applies), the form set out in Annex IX to Directive 70/156/EEC (2) (as amended by Directive 2007/37/EC (3) ), or

(iii) in the case of a vehicle with two or three wheels or another vehicle to which Directive 2002/24/EC applies, the form set out in Annex IV to that Directive (as amended by Directive 2006/96/EC (4) ); and

(b) for a component shall be in the form specified in the relevant scheduled Directive;

(3) The manufacturer (or its authorised representative) of a component or separate technical unit of a type which has been granted type approval shall affix to each component or unit manufactured in conformity with the approved type the trade mark or name, the type and (if the appropriate Directive so requires) the type approval number.

(4) A person who fails to comply with paragraph (1), (2) or (3) commits an offence.

Marks likely to cause confusion not to be used.

10. (1) A person shall not use on a component a mark which would be liable to cause confusion between a component in respect of which a type approval mark has been issued and is in force and another component.

(2) A person who contravenes paragraph (1) commits an offence.

Conditions of type approval certificate.

11. (1) A type approval certificate or type approval mark may be issued subject to a condition of any one or more of the following kinds:

(a) relating to the inspection and assessment by the NSAI of samples of the vehicle or component to which the certificate or mark relates;

(b) requiring the manufacturer (or its representative) of the vehicle or component to permit officers of the NSAI to enter premises for the purpose of paragraph (a);

(c) requiring the manufacturer (or its representative) to notify the NSAI in writing of any alterations of the aspects of design, construction, equipment or marking of the relevant vehicle or component that are the subject of a scheduled Directive (other than alterations permitted by the type approval requirements) and of the cessation of manufacture of the vehicle or component.

(2) If the NSAI is satisfied that there has been a breach of a condition subject to which a type approval certificate or type approval mark has been issued and is in force, it may cancel the certificate or mark.

(3) A person who contravenes a condition referred to in paragraph (1) commits an offence.

Notice of cessation of manufacture or alteration.

12. (1) If the manufacturer of a vehicle or component in respect of which a type approval certificate or type approval mark has been issued and is in force proposes to cease manufacturing the vehicle or component, or so to alter the manufacture that any information supplied in the relevant information document is no longer correct, the manufacturer or its representative shall-

(a) as soon as possible, notify the NSAI in writing of the proposal, indicating the date when the manufacture is to cease or the alteration is to be made, and

(b) not later than 14 days after the manufacture ceases or the alteration is made, notify the NSAI in writing of that fact, giving the relevant date and, if appropriate, the frame or chassis number of the last such vehicle manufactured or the component or serial number (if any) of the last such component manufactured.

(2) If the NSAI considers that an alteration of manufacture does not require an amendment to the existing type approval certificate or completion of a substitute type approval certificate, it shall so inform the manufacturer and shall send to the competent authorities of the other member States in periodic batches copies of amendments to information documents already distributed.

(3) A person who fails to comply with paragraph (1) commits an offence.

Cancellation or amendment of type approval certificate.

13. (1) If a notice under subparagraph (a) or (b) of Regulation 12(1) relates to a cesser of manufacture, the NSAI may cancel the relevant type approval certificate.

(2) If a notice under subparagraph (a) or (b) of Regulation 12(1) relates to an alteration of manufacture, the NSAI may, by notice under Regulation 16-

(a) cancel the relevant type approval certificate or type approval mark,

(b) cancel the type approval certificate or type approval mark and issue in substitution for it a further type approval certificate or type approval mark for the same vehicle or component, or

(c) amend the type approval certificate or type approval mark.

(3) If in the case of a type vehicle the NSAI issues a type approval certificate in substitution for a certificate that it has cancelled, or amends such a certificate, and if, after the cessation of production of a vehicle type which had type approval, the NSAI does not issue a further type approval certificate, it shall, within one month of the issue or amendment, send to the competent authority of each other member State the serial number of the last vehicle produced in conformity with the certificate that was cancelled or amended and, if applicable, the serial number of the first vehicle produced in conformity with the substituted or amended certificate.

Notice that manufacture does not conform to type approval certificate.

14. (1) If the NSAI-

(a) is satisfied-

(i) after examination of at least two vehicles of a type for which a type approval certificate issued by it is in force and for each of which a certificate of conformity is in force, or

(ii) after examination of at least two vehicle components which are of a type for which a type approval certificate issued by it is in force or which bear a type approval mark,

that each such vehicle or component has not been manufactured so as to conform with the aspects of design, construction, equipment or marking that are the subject of a scheduled Directive, or

(b) is notified by the competent authority of another member State that, in relation to a specified vehicle or vehicle component, the other authority, after an examination of the kind mentioned in paragraph (a), is so satisfied,

it shall give notice of that fact to the manufacturer.

(2) A notice under this Regulation shall-

(a) specify in what respect the vehicles or components have been found not so to conform,

(b) specify the steps that should be taken by the manufacturer to ensure that vehicles or components of the type in question so conform with those aspects and the period within which the NSAI requires those steps to be taken, and

(c) state that unless those steps are taken within that period the type approval certificate may be cancelled or suspended.

(3) If after the expiration of a period specified under paragraph (2)(b) the NSAI is not satisfied that all the steps so specified have been taken, it may, by notice under Regulation 16, cancel or suspend the type approval certificate.

(4) The NSAI shall send a copy of a notice under this Regulation to the competent authority of each other member State within one month of the issue of the notice.

Suspension of type approval certificate for alteration not notified.

15. If after examination of a vehicle for which a certificate of conformity has been issued and is in force, or of a vehicle component purporting to conform with a type for which type approval has been given, the NSAI is of opinion that an alteration which is required to be notified under Regulation 12(1) but has not been so notified has been made to the vehicle or component, it may, by notice under Regulation 16, suspend the type approval certificate or type approval mark.

Notice of decision to cancel type approval certificate.

16. (1) If the NSAI decides to cancel, suspend or modify a type approval certificate or type approval mark under these Regulations, it shall-

(a) as soon as practicable, give notice of the decision to the manufacturer to which the certificate or mark was issued, and

(b) within one month from the date on which that notice is given, send a copy of the notice to the competent authority of each other member State.

(2) A notice under this Regulation shall-

(a) specify the date on which the cancellation, suspension or amendment of the certificate or mark to which the notice relates will take effect,

(b) in the case of cancellation, specify the grounds for the decision to cancel,

(c) in the case of suspension, specify-

(i) the grounds for the decision to suspend,

(ii) the conditions that must be fulfilled before the suspension will cease to have effect, and

(iii) that the suspension will have effect until the NSAI notifies the manufacturer in writing that it is satisfied that those conditions have been fulfilled, and

(d) in the case of amendment, specify particulars of the amendment.

(3) A cancellation, suspension or amendment of a type approval certificate does not affect the validity of any certificate of conformity or type approval mark previously issued in consequence of that type approval certificate.

Records to be kept.

17. (1) The manufacturer of a type vehicle for which a type approval certificate has been issued and is in force shall keep a record of each certificate of conformity issued by it under these Regulations, including the serial number of the certificate and of the manufacturer's identification number assigned to the vehicle for which the certificate was issued and of the reference numbers of the Directives with whose requirements the vehicle conformed.

(2) A person who fails to comply with paragraph (1) commits an offence.

(3) An officer of the NSAI authorised by it for the purpose of this Regulation may, on giving a manufacturer reasonable notice and after production, if so required, of his or her authorisation, require the manufacturer to produce for inspection the records kept under this Regulation, and may inspect and take copies of such records.

(4) A person who fails to comply with a requirement under paragraph (3) commits an offence.

Offences in relation to the approval process, etc.

18. (1) A person who-

(a) knowingly makes a false declaration in the course of an application for type approval,

(b) knowingly makes a false declaration in the course of procedures leading to the recall of a type approval,

(c) falsifies test results to be submitted as part of an application for type approval or in-service conformity,

(d) withholds from the NSAI data or technical specifications that could lead to the recall or withdrawal of a type approval,

(e) makes use of any defeat device, or

(f) refuses to allow the NSAI access to information, being access to information that the NSAI reasonably requires for the purposes of these Regulations,

commits an offence.

(2) In paragraph (1)(e) "defeat device" has the meaning given by Article 3(10) of Regulation (EC) No. 715/2007 (1) .

Prosecution of offences and penalties.

19. (1) An offence under these Regulations may be prosecuted summarily or on indictment.

(2) A person guilty of an offence under these Regulations is liable-

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding six months or both, and

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 12 months or both.

(3) If an offence under these Regulations committed by a body corporate is proved-

(a) to have been committed with the consent, connivance or approval of, or

(b) to be attributable to neglect on the part of,

a person who-

(i) is a director, manager, secretary or other officer of the body corporate, or

(ii) purported to act in any such capacity,

that person as well as the body corporate is to be taken to have committed the offence and is liable to be proceeded against and punished accordingly.

(4) A summary offence under these Regulations may be prosecuted by the Authority.

Indemnification of approval authorities.

20. No action or other legal process lies, except in a case of wilful neglect or default, against an approval authority by reason of, or arising out of, the carrying out of any test under these Regulations.

Revocation.

21. (1) The statutory instruments specified in Schedule 4 are revoked.

(2) Despite the revocation of the European Communities (Motor Vehicles Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 ), as amended by the European Communities (Motor Vehicles Type Approval) Regulations 1998 ( S.I. No. 371 of 1998 ), by paragraph (1), a certificate of conformity, type certificate, type approval certificate or type approval mark issued under those Regulations-

(a) continues to have effect according to its terms, and

(b) is to be treated, for all the purposes of these Regulations, as if it had been issued under these Regulations.

SCHEDULE 1 SCHEDULED DIRECTIVES

PART 1 Directives applicable to four-wheeled vehicles

1 Council Directive 70/156/EEC of 6 February 1970 on the type approval of motor vehicles and their trailers (O.J. L42 of 23.2.70, p.1 (S.E. 1970 (I)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 71 (70/156/EEC)

OJ L 265, 19.9.1981, p. 28 (80/1267/EEC)

OJ L 145, 15.5.1998, 63 (92/53/EEC)

OJ L 102, 19.4.1997, p. 46 (96/27/EC)

OJ L 291, 13.11.1999, p. 39 (98/14/EC)

OJ L 103, 19.4.2002, p. 32 (2001/116/EC)

2 Council Directive 70/157/EEC of 6 February 1970 on sound level and exhaust systems (O.J. L42 of 23.2.70, p.16 (S.E. 1970(1)))

Amended by

3 Council Directive 70/220/EEC of 20 March 1970 on air pollution by emissions from motor vehicles (O.J. L76 of 6.4.70, p.1 (S.E. 1970 (I)))

Amended by

Corrigenda

OJ L 303, 8.11.1988, p. 36 (88/436/EEC)

OJ L 270, 19.9.1989, p. 16 (89/458/EEC)

OJ L 104, 21.4.1999, p. 31 (98/69/EC)

OJ L 104, 21.4.1999, p. 32 (98/69/EC)

4 Council Directive 70/221/EEC of 20 March 1970 on fuel tanks and rear protective devices (O.J. L76 of 6.4.70, p.23 (S.E. 1970 (I)))

Amended by

Corrigenda

OJ L 65, 15.3.1979, p. 42 (70/221/EEC)

OJ L188, 26.7.1979, p.54 (79/490/EEC)

OJ L 64, 6.3.2001, p. 39 (2000/8/EC)

5 Council Directive 70/222/EEC of 20 March 1970 on mounting and fixing of rear registration plates (O.J. L76 of 6.4.70, p.25 (S.E. 1970 (I)))

Amended by

6 Council Directive 70/311/EEC of 8 June 1970 on steering equipment (O.J. L133 of 18.6.70, p.10)

Amended by

7 Council Directive 70/387/EEC of 27 July 1970 on doors (O.J. L176 of 10.8.70, p.5 (S.E. 1970 (II)))

Amended by

Corrigenda

Consolidated text of corrigenda to instruments published in Special Edition 1952-72, p. 76 (70/387/EEC)

8 Council Directive 70/388/EEC of 27 July 1970 on audible warning devices (O.J. L176 of 10.8.70, p.12 (S.E. 1970 (II)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 77 (70/388)

OJ L 329, 25.11.1982, p. 31 (70/388)

9 Council Directive 71/127/EEC of 1 March 1971 on rear view mirrors/devices for indirect vision (O.J. L68 of 22.3.71, p.1 (S.E. 1971 (I)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 85 (71/127/EEC)

10 Council Directive 71/320/EEC of 26 July 1971 on braking devices (O.J. L202 of 6.9.71, p.37 (S.E. 1971 (III)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 96 (71/320/EEC)

OJ L 247, 23.9.1975, p. 36 (75/524/EEC)

OJ L 275, 2.10.1991, p. 36 (91/422/EEC)

11 Council Directive 72/245/EEC of 20 June 1972 on suppression of radio interference (O.J. L152 of 6.7.72, p.15 (S.E. 1972 (II)))

Amended by

Corrigenda

OJ L 056, 2.3.2005, p. 35 (2004/104)

12 Council Directive 72/306/EEC of 2 August 1972 on emission of pollutants from diesel engines for use in motor vehicles (O.J. L190 of 20.8.72, p.1 (S.E. 1972 (III)))

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (72/306/EEC)

OJ L 299, 23.11.1977, p. 27 (72/306/EEC)

13 Council Directive 74/60/EEC of 17 December 1973 on certain interior fittings (O.J. L38 of 11.2.74, p.2)

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (74/60/EEC)

OJ L 53, 25.2.1977, p. 30 (74/60/EEC)

14 Council Directive 74/61/EEC of 17 December 1973 on anti-theft devices (O.J. L38 of 11.2.74, p.22)

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (74/61)

OJ L 40, 13.2.1998, p. 19 (95/56)

15 Council Directive 74/297/EEC of 4 June 1974 on the behaviour of steering mechanisms in the event of impact (O.J. L165 of 20.6.74, p. 16)

Amended by

16 Council Directive 74/408/EEC of 22 July 1974 on strength of seats and their anchorages (O.J. L221 of 12.8.74, p.1)

Amended by

Corrigenda

OJ L 221, 31.8.1996, p. 71 (96/37/EC)

17 Council Directive 74/483/EEC of 17 September 1974 on external projections (O.J. L266 of 2.10.74, p.4)

Amended by

18 Council Directive 75/443/EEC of 26 June 1975 on reverse and speedometer equipment (O.J. L196 of 26.7.75, p.1)

Amended by

19 Council Directive 76/114/EEC of 18 December 1975 on location and attachment of statutory plates and inscriptions (O.J. L24 of 30.1.76, p.1)

Amended by

Corrigenda

OJ L 56, 4.3.1976, p. 38 (76/114)

OJ L 329, 25.11.1982, p. 31 (76/114)

20 Council Directive 76/115/EEC of 18 December 1975 on anchorages for safety belts (O.J. L24 of 30.1.76, p.6)

Amended by

21 Council Directive 76/756/EEC of 27 July 1976 on lighting and light signalling devices (O.J. L262 of 27.9.76, p.1)

Amended by

Corrigenda

OJ L 111, 30.4.1980, p. 22 (80/233/EEC)

OJ L 131, 17.5.1984, p. 50 (84/8/EEC)

OJ L 135, 22.5.1984, p. 27 (84/8/EEC)

OJ L 114, 27.4.1989, p.52 (89/278/EEC)

22 Council Directive 76/757/EEC of 27 July 1976 on reflex reflectors (O.J. L262 of 27.9.76, p. 32)

Amended by

23 Council Directive 76/758/EEC of 27 July 1976 on end outline marker lamps, side lamps, rear lamps and stop lamps (O.J. L262 of 27.9.76, p.54)

Amended by

24 Council Directive 76/759/EEC of 27 July 1976 on direction indicator lamps (O.J. L262 of 27.9.76, p.71)

Amended by

Corrigenda

OJ L 114, 27.4.1989, p.52 (89/277/EEC)

25 Council Directive 76/760/EEC of 27 July 1976 on rear registration plate lamps (O.J. L262 of 27.9.76, p.85)

Amended by

26 Council Directive 76/761/EEC of 27 July 1976 on headlamps and filament lamps for them (O.J. L262 of 27.9.76, p.96)

Amended by

27 Council Directive 76/762/EEC of 27 July 1976 on front fog lamps and filament lamps for them (O.J. L 262 of 27.9.76, p.122)

Amended by

28 Council Directive 77/389/EEC of 17 May 1977 on towing devices (O.J. L145 of 13.6.77, p.41)

Amended by

Corrigenda

O.J. L40 of 13.2.98, p. 19 (77/389)

29 Council Directive 77/538/EEC of 28 June 1977 on rear fog lamps (O.J. L220 of 29.8.77, p.60)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/538)

30 Council Directive 77/539/EEC of 28 June 1977 on reversing lamps (O.J. L220 of 29.8.77, p.72)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/539)

31 Council Directive 77/540/EEC of 28 June 1977 on parking lamps (O.J. L220 of 29.8.77, p.83)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/540)

32 Council Directive 77/541/EEC of 28 June 1977 on safety belts and restraint systems (O.J. L220 of 29.8.77, p.95)

Amended by

Corrigenda

OJ L 105, 26.4.2005, p. 5 (2000/3/EC)

33 Council Directive 77/649/EEC of 27 September 1977 on field of vision (O.J. L267 of 19.10.77, p.1)

Amended by

Corrigenda

OJ L 150, 6.6.1978, p. 6 (77/649/EEC)

34 Council Directive 78/316/EEC of 21 December 1977 on identification of controls, tell-tales and indicators (O.J. L81 of 28.3.78, p.3)

Amended by

35 Council Directive 78/317/EEC of 21 December 1977 on windscreen defrosting and demisting systems (O.J. L81 of 28.3.78, p.27)

Corrigenda

O.J. L194 of 19.7.78, p 30 (78/317)

36 Council Directive 78/318/EEC of 21 December 1977 on windscreen wiper and washer systems (O.J. L81 of 28.3.78, p.49)

Amended by

Corrigenda

OJ L 194, 19.7.1978, p. 30 (78/318)

37 Council Directive 78/549/EEC of 12 June 1978 on wheel guards (O.J. L168 of 26.6.78, p.45)

Amended by

38 Council Directive 78/932/EEC of 16 October 1978 on head restraints (O.J. L325 of 20.11.78, p.1)

Amended by

Corrigenda

OJ L 329, 25.11.1982, p. 31 (78/932)

39 Council Directive 80/1268/EEC of 16 December 1980 on fuel consumption of motor vehicles (O.J. L375 of 31.12.80, p.36)

Amended by

Corrigenda

OJ L 42, 15.2.1994, p. 27 (93/116/EC)

OJ L 163, 4.7.2000, p. 38 (1999/100/EC)

40 Council Directive 80/1269/EEC of 16 December 1980 on engine power of motor vehicles (O.J. L375 of 31.12.80, p.46)

Amended by

Corrigenda

OJ L 105, 26.4.1988, p. 34 (88/195/EEC)

41 Council Directive 89/297/EEC of 13 April 1989 on lateral protection (side guards) (O.J. L124 of 5.5.89, p.1)

42 Council Directive 91/226/EEC of 27 March 1991 on spray-suppression systems (O.J. L103 of 23.4.91, p.5)

Amended by

43 Council Directive 92/21/EEC of 31 March 1992 on masses and dimensions of certain motor vehicles (O.J. L129 of 14.5.92, p.1)

Amended by

Corrigenda

OJ L 14, 22.1.1993, p. 29 (92/21)

OJ L 252, 20.10.1995, p. 27 (95/48)

OJ L 304, 16.12.1995, p. 60 (95/48)

44 Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials (O.J. L129 of 14.5.92, p.11)

Amended by

45 Council Directive 92/23/EEC of 31 March 1992 on tyres (O.J. L129 of 14.5.92, p.95)

Amended by

46 Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices (O.J. L129 of 14.5.92, p.154)

Amended by

47 Council Directive 92/114/EEC of 17 December 1992 on external projections forward of the cab's rear panel of motor vehicles of category N (O.J. L409 of 31.12.92, p.17)

48 Directive 94/20/EC of the European Parliament and of the Council of 30 May 1994 on mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles (O.J. L195 of 29.7.94, p.1)

Amended by

49 Directive 95/28/EC of the European Parliament and of the Council of 24 October 1995 on burning behaviour of materials used in the interior construction of certain categories of motor vehicles (O.J. L281 of 23.11.95, p.1)

Amended by

50 Directive 96/27/EC of 20 May 1996 on the protection of occupants of motor vehicles in the event of a side impact (OJ L 169, 8.7.1996)

Corrigenda

OJ L 102, 19.4.1997, p. 46 (96/27)

51 Directive 96/79/EC of the European Parliament and of the Council of 16 December 1996 on the protection of occupants of motor vehicles in the event of a frontal impact (O.J. L18 of 21.1.1997, p.1)

Amended by

Corrigenda

OJ L 83, 25.3.1997, p. 23 (96/79)

52 Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers (OJ L 233, 25.8.1997, p.1)

Amended by

Corrigenda

OJ L 125, 21.5.2003, p. 14 (2001/85/EC)

53 Directive 98/91/EC of the European Parliament and of the Council of 14 December 1998 relating to motor vehicles and their trailers intended for the transport of dangerous goods by road (OJ L 11, 16.1.1999, p.25)

54 Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (OJ L 203, 10.8.2000, p.9)

Amended by

55 Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001 on heating systems (O.J. L292 of 9.11.2001, p.21)

Amended by

56 Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 on buses and coaches (O.J. L42 of 13.2.2002, p.1)

Amended by

Corrigenda

OJ L 125, 21.5.2003, p. 14 (2001/85)

57 Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the type-approval of devices for indirect vision and of vehicles equipped with these devices (O.J. L25, 29.1.2004, p.1)

Amended by

58 Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 on protection of pedestrians and other vulnerable road users (O.J. L321 of 6.12.2003, p.15)

59 Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on emission of gaseous and particulate pollutants from diesel or gas engines for use in vehicles (O.J. L275 of 20.10.2005, p.1)

Amended by

60 Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on reusability, recyclability and recoverability (O.J. L310 of 25.11.2005, p.10)

61 Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 on frontal protection systems (O.J. L309 of 25.11.2005, p.37)

Amended by

62 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air-conditioning systems (O.J. L161 of 14.6.2006, p.12)

including the administrative procedures required by

PART 2

Directives applicable to two-and three-wheeled vehicles

63 Council Directive 93/14/EEC of 5 April 1993 on braking of two or three-wheel motor vehicles (O.J. L121 of 15.5.93, p.1)

Amended by

Corrigenda

OJ L 288, 30.10.2008, p. 12 (2006/27/EC)

64 Council Directive 93/29/EEC of 14 June 1993 on identification of controls, tells-tales and indicators for two or three-wheel motor vehicles (O.J. L188 of 29.7.93, p.1)

Amended by

65 Council Directive 93/30/EEC of 14 June 1993 on audible warning devices for two or three-wheel motor vehicles (O.J. L188 of 29.7.93, p.11)

66 Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (O.J. L188 of 29.7.93, p.19)

Amended by

Corrigenda

OJ L 239, 9.7.2004, p. 36 (93/31/EEC)

67 Council Directive 93/32/EEC of 14 June 1993 on passenger handholds on two-wheel motor vehicles (O.J. L188 of 29.7.93, p.28)

Amended by

Corrigenda

OJ L 239, 9.7.2004, p. 36 (93/32/EEC)

68 Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two or three-wheel motor vehicles (O.J. L188 of 29.7.93, p.32)

Amended by

69 Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two or three-wheel motor vehicles (O.J. L188 of 29.7.93, p.38)

Amended by

70 Council Directive 93/92/EEC of 29 October 1993 on installation of lighting and light signalling devices on two or three-wheel motor vehicles (O.J. L311 of 14.12.93, p.1)

Amended by

Corrigenda

OJ L 81, 11.4.1995, p. 7 (93/92/EEC)

OJ L 196, 24.7.1997, p. 82 (93/92/EEC)

71 Council Directive 93/93/EEC of 29 October 1993 on masses and dimensions of two or three-wheel motor vehicles (O.J. L311 of 14.12.93, p.76)

Amended by

Corrigenda

OJ L 75, 4.4.1995, p. 30 (93/93/EEC)

72 Council Directive 93/94/EEC of 29 October 1993 on space for mounting the rear registration plate of two or three-wheel motor vehicles (O.J. L311 of 14.12.93, p.83)

Amended by

73 Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles (O.J. L52 of 8.3.95, p.1)

Amended by

74 Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (O.J. L226 of 18.8.97, p.1)

Amended by

Corrigenda

OJ L 244, 3.9.1998, p. 20 (97/24/EC)

OJ L 21, 26.1.2000, p. 44 (97/24/EC)

75 Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the type-approval of two or three-wheel motor vehicles (O.J. L124 of 9.5.2002, p.1)

Amended by

Corrigenda

OJ L 49, 22.2.2003, p. 23 (2002/24/EC)

76 Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on pollutant emissions from two and three-wheel motor vehicles (O.J. L252 of 20.9.2002, p.20)

SCHEDULE 2 FORM OF TYPE APPROVAL CERTIFICATE FOR A MOTOR VEHICLE

The undersigned certifies the accuracy of the manufacturer's description in Information Document No. of the vehicle having the chassis No.and engine No. , such vehicle having been submitted by the manufacturer as a prototype of model

The checks carried out at the request of the manufacturer, show that the vehicle specified above, which has been submitted as a series prototype, satisfies all requirements in respect of each and every item in this certificate.

(Place) (Date)

(Signature)

SCHEDULE 3 FORM OF CERTIFICATE OF CONFORMITY

The undersigned

(surname and first names)

of

(name of manufacturer)

certifies that the vehicle:

1. Class (e.g. private car, goods vehicle)

2. Make

3. Type

4. Manufacturer's vehicle Identification and/or chassis

conforms in all respects to the type approved at

No

on............................................................................

by and

described in Type Approval Certificate No.

The vehicle to which the above Type Approval Certificate relates was granted type approval in respect of the following EEC Directives.

........................................................................................................

........................................................................................................

........................................................................................................

........................................................................................................

........................................................................................................

........................................................................................................

........................................................................................................

........................................................................................................

(Place) (Signature)

........................................................................................................

........................................................................................................

(Date) (Position)

SCHEDULE 4 REVOKED STATUTORY INSTRUMENTS

European Communities (Motor Vehicles Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 )

European Communities (Motor Vehicles Type Approval) Regulations 1980 ( S.I. No. 169 of 1980 )

European Communities (Motor Vehicles Type Approval) Regulations 1981 ( S.I. No. 420 of 1981 )

European Communities (Motor Vehicles Type Approval) Regulations 1982 ( S.I. No. 134 of 1982 )

European Communities (Motor Vehicles Type Approval) Regulations 1983 ( S.I. No. 70 of 1983 )

European Communities (Motor Vehicles Type Approval) Regulations 1984 ( S.I. No. 280 of 1984 )

European Communities (Motor Vehicles Type Approval) Regulations 1985 ( S.I. No. 322 of 1985 )

European Communities (Motor Vehicles Type Approval) Regulations 1986 ( S.I. No. 320 of 1986 )

European Communities (Motor Vehicles Type Approval) Regulations 1988 ( S.I. No. 290 of 1988 )

European Communities (Motor Vehicles Type Approval) Regulations 1989 ( S.I. No. 35 of 1989 )

European Communities (Motor Vehicles Type Approval) Regulations 1990 ( S.I. No. 13 of 1990 )

European Communities (Motor Vehicles Type Approval) Regulations 1991 ( S.I. No. 186 of 1991 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 1991 ( S.I. No. 367 of 1991 )

European Communities (Motor Vehicles Type Approval) Regulations 1992 ( S.I. No. 178 of 1992 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 1992 ( S.I. No. 345 of 1992 )

European Communities (Motor Vehicles Type Approval) Regulations 1993 ( S.I. No. 139 of 1993 )

European Communities (Motor Vehicles Type Approval) Regulations 1994 ( S.I. No. 71 of 1994 )

European Communities (Motor Vehicles Type Approval) Regulations 1995 ( S.I. No. 151 of 1995 )

European Communities (Motor Vehicles Type Approval) Regulations 1996 ( S.I. No. 314 of 1996 )

European Communities (Motor Vehicles Type Approval) Regulations 1997 ( S.I. No. 147 of 1997 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 1997 ( S.I. No. 476 of 1997 )

European Communities (Motor Vehicles Type Approval) Regulations 1998 ( S.I. No. 371 of 1998 )

European Communities (Motor Vehicles Type Approval) Regulations 1999 ( S.I. No. 49 of 1999 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 1999 ( S.I. No. 183 of 1999 )

European Communities (Motor Vehicles Type Approval) (No. 3) Regulations 1999 ( S.I. No. 358 of 1999 )

European Communities (Motor Vehicles Type Approval) Regulations 2000 ( S.I. No. 55 of 2000 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 2000 ( S.I. No. 180 of 2000 )

European Communities (Motor Vehicles Type Approval) (No. 3) Regulations 2000 ( S.I. No. 397 of 2000 )

European Communities (Motor Vehicles Type Approval) Regulations 2001 ( S.I. No. 429 of 2001 )

European Communities (Motor Vehicles Type Approval) (No.2) Regulations 2001 ( S.I. No. 554 of 2001 )

European Communities (Motor Vehicles Type Approval) Regulations 2002 ( S.I. No. 261 of 2002 )

European Communities (Motor Vehicles Type Approval) (No. 2) Regulations 2002 ( S.I. No. 570 of 2002 )

European Communities (Motor Vehicles Type Approval) Regulations 2003 ( S.I. No. 421 of 2003 )

European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2004 ( S.I. No. 244 of 2004 )

European Communities (Motor Vehicles Type Approval) (Amendment) (No. 2) Regulations 2004 ( S.I. No. 868 of 2004 )

European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2005 ( S.I. No. 164 of 2005 )

European Communities (Motor Vehicles Type Approval) (Amendment) (No. 2) Regulations 2005 ( S.I. No. 783 of 2005 )

European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2006 ( S.I. No. 58 of 2006 )

European Communities (Motor Vehicles Type Approval) (Amendment) (No. 2) Regulations 2006 ( S.I. No. 166 of 2006 )

European Communities (Motor Vehicles Type Approval) (Amendment) (No. 3) Regulations 2006 ( S.I. No. 540 of 2006 )

European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2007 (S.I. No. 802 of 2007)

European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2008 ( S.I. No. 196 of 2008 )

GIVEN under my Official Seal,

2 April 2009

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

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

The European Communities (Motor Vehicles Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 ) implemented in Ireland those provisions of a number of European Community Directives which deal with the type approval of motor vehicles, their trailers and components. Regulations have been made amending S.I. No. 305 of 1978 , to provide for certain type approval directives subsequently adopted.

These Regulations transpose Regulation (EC) 715 of 2007 regarding emissions from light passenger vehicles. Euro 5 standards will apply from 1 September 2009 setting tighter emission limits of atmospheric pollutants, such as particulates of nitrogen oxides, from passenger cars and light duty vehicles sold in the EU market. Euro 6 standards will set significantly lower emission limits for light duty vehicles than Euro 5 and will enter into force in 2014. The Regulations also provide for an increase in the penalties provided for in S.I. 305 of 1978.

(1) O.J. L171, 29.06.2007, p.1.

(1) O.J. No. L42, 23.2.70, p. 1

(2) O.J. No. L225, 10.8.92, p. 1.

(3) O.J. No. L124, 9.5.2002, p.1.

(1) O.J. No. L42, 23.2.70, p.1.

(2) O.J. No. L161, 22.06.2007, p.60.

(3) O.J. No. L363, 20.12.2006, p.81.

(1) O.J. No. L124, 9.5.2002, p.1.

(2) O.J. No. L42, 23.2.70, p.1.

(3) O.J. No. L161, 22.6.2007, p.60.

(4) O.J. No. L363, 20.12.2006, p.81.

(1) O.J. L171, 29.06.2007, p.1.