Motor Vehicles (Type Approval) (Amendment) Regulations (Northern Ireland) 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 28th June 1999.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern ireland) 1985(1).

Amendments to regulation 2 (general interpretation)

2.  In regulation 2(1)(2) of the principal Regulations, after the definition of “ECE Regulation” there shall be inserted the following definitions—

““emissions or noise item” means an item in Part I of Schedule 1 in respect of which the subject matter specified in column (2) of that Part is “exhaust emissions” or “noise and silencers”;

“Framework Directive vehicle” means a vehicle to which these Regulations apply and is a “vehicle” within the meaning of Council Directive 70/156/EEC(3) as amended by Council Directive 87/403/EEC(4), Council Directive 92/53/EEC(5) and Commission Directive 93/81(6);”.

Amendments to regulation 4 (type approval requirements — application)

3.—(1) Regulation 4 of the principal Regulations shall be amended in accordance with paragraphs (2) to (6).

(2) For paragraph (1A)(7), there shall be substituted the following paragraph—

“(1A) Subject to paragraph (3B), in relation to a particular vehicle—

(a)a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is registered; and

(b)a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured.”.

(3) For paragraph (3A)(8) there shall be substituted the following paragraph—

“(3A) The provisions of paragraph (3) do not apply in respect of any emissions or noise item.”.

(4) After paragraph (3A) there shall be inserted the following paragraph—

“(3B) No emissions or noise item shall apply to a Framework Directive vehicle on or after the date specified in column (6) of the item.”.

(5) At the end of paragraph (4) there shall be added the words “; and for the purposes of this paragraph, items 2A and 2B shall be regarded as items having the same subject matter”.

(6) For paragraph (11)(9) there shall be substituted the following paragraph—

“(11) Schedules 1B and 1C (which treat certain emissions or noise items as if in certain circumstances specified dates were substituted for the entries in columns (5) and (6)) shall have effect.”.

Amendments to Schedule 1

4.—(1) Part I of Schedule 1(10) to the principal Regulations shall be amended in accordance with paragraphs (2) to (5).

(2) After item 2A there shall be inserted item 2B set out in Schedule 1.

(3) For item 4H(11) there shall be substituted item 4H set out in Schedule 1.

(4) After item 4L(12) there shall be inserted items 4M and 4N set out in Schedule 1.

(5) In item 14G(13), in column (6), there shall be inserted the words “28.6.99 (but see regulation 4(11) and Schedule 1C)”.

(6) After item 14H(14) there shall be inserted item 14I set out in Schedule 1.

Amendments to Schedule 1B

5.—(1) Schedule 1B(15) to the principal Regulations shall be amended in accordance with paragraphs (2) to (5).

(2) In Part I, for paragraphs 1(16) and 1A(16), there shall be substituted the following paragraphs—

“1.  This Schedule has effect subject to Schedule 1C.

1A.  Where an entry in column (5) or (6) of an item in Part I of Schedule 1 comprises the words “See regulation 4(11) and Schedule 1B” these Regulations shall have effect as if for that entry there were substituted the date determined in accordance with the following provisions of this Schedule.”.

(3) In Part II(17), in the Table, in the heading to column (1) after the words “Item in” there shall be inserted the words “Part I of”.

(4) In that Table in column (2) in the entries relating to items 14E(18) and 14F(18) for the words “All vehicles” there shall in each case be substituted “All vehicles having 4 or more wheels”.

(5) Parts III(19) and IV(20) shall be omitted.

New Schedule 1C

6.  After Schedule 1B to the principal Regulations there shall be inserted Schedule 1C as set out in Schedule 2.