The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995

Amendments to Regulation 61 (emission of smoke, vapour, gases, oily substances, etc)

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

(2) In paragraph (1), for the words “paragraph (4)” there shall be substituted the words “paragraph (3B)”.

(3) For paragraph (10A), there shall be substituted the following paragraph—

“(10A) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—

(a)when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—

(i)in the case of a vehicle first used before 1st August 1986, 4.5%; or

(ii)in the case of a vehicle first used on or after 1st August 1986, 3.5%;

of the total exhaust emissions from the engine by volume; and

(b)when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.”.

(4) After paragraph (10A), there shall be inserted the following paragraphs—

“(10AA) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 7B applies to the vehicle.

(10AB) Subject to paragraphs (10AC) and (10B), paragraph (10AA) applies to—

(a)a passenger car which—

(i)is first used on or after 1st August 1992 and before 1st August 1994, and

(ii)is of a description mentioned in the Annex to the emissions publication;

(b)a vehicle which—

(i)is not a passenger car,

(ii)is first used on or after 1st August 1994 and before 1st August 1996, and

(iii)is of a description mentioned in the Annex to the emissions publication;

(c)a passenger car which is first used on or after 1st August 1994; or

(d)a vehicle which—

(i)is not a passenger car,

(ii)is first used on or after 1st August 1996, and

(iii)has a maximum gross weight not exceeding 3,500 kg,

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 7B.

(10AC) Until 1st August 1997, paragraph (10AA) shall not apply to a vehicle in Class V or VI within the meaning of the Motor Vehicles (Tests) Regulations 1981(1).

(10AD) Paragraph (10A) does not apply to a vehicle to which paragraph (10AA) applies.”.

(5) In paragraph (10B), for the words “Paragraph (10A) does not” there shall be substituted the words “Paragraphs (10A) and (10AA) do not” and in sub-paragraph (d) the word “above” shall be omitted.

(6) After paragraph (10B), there shall be inserted the following paragraphs—

“(10BA) Without prejudice to paragraphs (1) and (7), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 7B applies to the vehicle.

(10BB) Paragraph (10BA) shall not apply to—

(a)a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b)a vehicle being driven to a place where it is to undergo repairs;

(c)an exempt vehicle within the meaning given by paragraph (12)(a);

(d)engineering plant, an industrial tractor or a works truck; and

(e)a vehicle in Class III, IV, V or VII within the meaning of the Motor Vehicles (Tests) Regulations 1981 and first used before 1st August 1979.

(10BC) Until 1st April 1996, paragraph (10BA) shall not apply to a vehicle in respect of which there is in force a licence under section 6 of the Metropolitan Carriage Act 1869(2).”.

(7) In paragraph (11), for the words “item 8, 9, 10 or 11” there shall be substituted the words “any item numbered 8 or more”.

(8) After paragraph (11), there shall be inserted the following paragraph—

“(11A) In this regulation, “passenger car” means a motor vehicle which—

(a)is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b)has no more than five seats in addition to the driver’s seat; and

(c)has a maximum gross weight not exceeding 2,500kg.”.

(9) For Table II there shall be substituted the Table set out in Schedule 1 to these Regulations.