The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1997 No. 1544


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Statutory Instruments

1997 No. 1544

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1997

Made

20th June 1997

Laid before Parliament

20th June 1997

Coming into force

1st August 1997

The Secretary of State for Transport, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:-

Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1997 and shall come into force on 1st August 1997.

Preliminary

2.-(1) The Road Vehicles (Construction and Use) Regulations 1986(2) shall be further amended in accordance with the following provisions of these Regulations.

(2) The Secretary of State is satisfied that-

(a)it is requisite that the provisions of regulation 3(2) of these Regulations shall apply as from 1st October 1997 to vehicles registered under the Vehicle Excise and Registration Act 1994(3) before the expiration of one year from the making of these Regulations; and

(b)notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

Amendment of regulation 61 (emission of smoke, vapour, gases, oily substances, etc)

3.-(1) Regulation 61 shall be amended as follows.

(2) For Table II there shall be substituted the Table set out in the Schedule to these Regulations.

Amendment to Schedule 7B (emissions from certain motor vehicles)

4.-(1) Schedule 7B shall be amended as follows.

(2) For sub-paragraph (b) of paragraph 7 there shall be substituted the following sub-paragraph-

"(b)"the emissions publication" is the publication entitled "In-Service Exhaust Emissions Standards for Road Vehicles (Third Edition)" (ISBN 0-�9526457-�2-�6) published by the Department of Transport."

Signed by authority of the Secretary of State for Transport

Helene Hayman

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

20th June 1997

Regulation 3(2)

THE SCHEDULE

TABLE II

(regulation 61(3A), (3C), (7), (11) and (12))

(1) Item(2) Class of Vehicle(3) Date of First Use(4) Design, construction and equipment requirements
(a) Instrument(b) Place in instrument where requirements are stated
(5) Vehicles exempted from requirements(6) Emitted substances
1Vehicles propelled by a spark ignition engine.1st October 1982

Community Directive 78/665

or

ECE Regulation 15.03

Annex I, paragraphs 3 and 5.

Paragraphs 5, 8 and 11.

(a)A vehicle whose maximum gross weight exceeds 3,500 kg;

(b)A vehicle which complies with the requirements of item 2, 4, 5, 8, 11, 12 or 13;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
2All vehicles.1st April 1991

Community Directive 83/351

or

ECE Regulation 15.04

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 12.

(a)A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500 kg;

(b)A vehicle which complies with the requirements of item 4, 5, 8, 11, 12 or 13;

(c)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, or 10;

(d)An industrial tractor, works truck or engineering plant;

(e)A vehicle whose maximum speed is less than 50 km/h;

(f)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
3Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine.1st April 1993ECE Regulation 49Paragraphs 5 and 7.A vehicle which complies with the requirements of item 6, 9, 10, 11, 12 or 13.Carbon monoxide, hydrocarbons and oxides of nitrogen.
4

Passenger vehicles which-

(a)

are constructed or adapted to carry not more than 5 passengers excluding the driver, and

(b)

have a maximum gross weight of not more than 2,500 kg, not being off-road vehicles.

1st April 1991

Community Directive 88/76

or

Community Directive 89/458

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle which complies with the requirements of item 2, 8, 11, 12 or 13;

(b)A vehicle whose maximum speed is less than 50 km/h;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
5

Vehicles which are not of a description specified in this column in item 4 but which-

(a)

are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg,

or

(b)

are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg.

1st April 1992

1st April 1991

Community Directive 88/76

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)A vehicle which complies with the requirements of item 8;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
6All vehicles propelled by compression ignition engines.1st April 1991

Community Directive 88/77

or

ECE Regulation 49.01

Annex I, paragraphs 6, 7 and 8.

Paragraphs 5, 6 and 7.

(a)A vehicle whose maximum gross weight is less than 3,500 kg and which complies with the requirements of item 2;

(b)A vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11, 12 or 13;

(c)A fire appliance which is first used before 1st October 1992;

(d)An industrial tractor, works truck or engineering plant;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
7

Passenger vehicles which-

(a)

are constructed or adapted to carry not more than 5 passengers excluding the driver,

(b)

have a maximum gross weight of not more than 2,500 kg, and

(c)

are propelled by a compression ignition engine of the indirect injection type.

1st April 1991Community Directive 88/436Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions.

(a)A vehicle which complies with the requirements of item 8, 11, 12 or 13;

(b)A vehicle whose maximum speed is less than 50 km/h;

(c)An off-road vehicle;

(d)An exempt vehicle.

Particulates.
8All vehicles.31st December 1992

Community Directive 91/441

or

ECE Regulation 83.01

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which-

(i)complies with the requirements of item 6 and is first used before 1st October 1993, or

(ii)complies with the requirements of item 9, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
9All vehicles propelled by a compression ignition engine.1st October 1993

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
10All vehicles propelled by a compression ignition engine.1st October 1996

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
11All vehicles.1st October 1994Community Directive 93/59Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)Vehicles whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
12All vehicles.1st January 1997Community Directive 94/12Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 11 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)Vehicles whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
13All vehicles.1st October 1997Community Directive 96/69Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, or 12;

(b)A vehicle as defined in column 2 of item 14;

(c)An industrial tractor, works truck or engineering plant;

(d)Vehicles whose maximum speed is less than 50 km/h;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
14

Vehicles falling within

(a)

Class II or III, as specified in the Annex to Community Directive 96/69, of category N1, or

(b)

Category M and specified in footnote (2) of that Annex.

Note: references to categories M and N1 are to those categories as specified in Annex II of the Framework Directive.

1st October 1998Community Directive 96/69Annex 1, paragraphs 5, 7 and 8.Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

Regulation 3 amends regulation 61 of the 1986 Regulations so as to substitute a new Table for Table II of that regulation. Table II lists design, construction and equipment requirements relating to emissions applicable to particular classes of vehicle and specifies the instruments containing those requirements. The main change introduced by the substituted table is the addition of items 13 and 14. Consequential amendments are made to earlier items.

Regulation 4 of these Regulations amends Schedule 7B (emissions from certain vehicles) to the 1986 Regulations by substituting a new definition of the expression "the emissions publication" so as to refer to the recently published third edition of this publication (In-Service Exhaust Emission Standards for Road Vehicles (3rd edition) published by the Department of Transport). The publication sets out the in-service exhaust emission standards which various makes of vehicle are required to meet in accordance with Schedule 7B.

A copy of the emissions publication can be obtained free of charge from the Department of the Environment, Transport and the Regions, Vehicle Certification Agency, 1 Eastgate Office Centre, Eastgate Road, Bristol BS5 6XX (Telephone 01179-515151).

Compliance cost assessments have been prepared and copies can be obtained from the Department of the Environment, Transport and the Regions, Zone 2/03, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 0171-271 4632). Copies have been placed in the libraries of each House of Parliament.

(1)

1988 c. 52; section 41 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

(2)

S.I. 1986/1078; relevant amending instruments are S.I. 1995/2210, 1996/2085.


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