PART IVU.K.Information requirements

Coding StandardsU.K.

14.  A producer shall use the material and component coding standards referred to in regulation 15 to facilitate the identification of those materials and components suitable for reuse and recovery.

[F115.  For the purposes of regulation 14, “material and component coding standards” means the nomenclature of the material and component coding standards for end-of-life vehicles set out in Schedule 2.]

16.  A producer shall at the request of the enforcement authority submit information showing that material and component coding standards have been used.

17.  A producer shall ensure that he keeps the information necessary for him to comply with a request from the enforcement authority to submit the information referred to in regulation 16 for a period of four years from the date that he puts the materials and/or components on the market.

Dismantling InformationU.K.

18.—(1) A producer shall—

(a)provide dismantling information for each type of new vehicle put on the market within six months after the date that vehicles of that type are first put on the market;

(b)at the request of the enforcement authority submit to it the dismantling information referred to in paragraph (1) (a).

(2) The dismantling information shall identify, in so far as it is needed by treatment facilities, the different materials and components of the vehicle, and the location of all hazardous substances in the vehicle in order to achieve the [F2following objectives] —

(a)the reuse of components which are suitable for reuse;

(b)the recovery of components which cannot be reused; and

(c)giving preference to recycling when environmentally viable,

without prejudice to requirements regarding the safety of vehicles and environmental requirements such as air emissions and noise control.

19.—(1) A producer of components used in vehicles shall make available to authorised treatment facilities upon request from those facilities information concerning dismantling, storage and testing of components which can be reused.

(2) The obligation in paragraph (1) is without prejudice to any duty of confidence in respect of industrial or commercial information apart from that imposed by these Regulations.

Reporting and InformationU.K.

20.—(1) A producer shall publish information on—

(a)the design of vehicles and their components with a view to their recoverability and recyclability;

(b)the environmentally sound treatment of end-of-life vehicles in particular the removal of all fluids and dismantling;

(c)the development and optimisation of ways to reuse, recycle and recover end-of-life vehicles and their components;

(d)the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.

(2) A producer shall—

(a)make the information referred to in regulation 20(1) accessible to prospective buyers of vehicles; and

(b)include the information referred to in regulation 20(1) in promotional literature used in the marketing of new vehicles.

Compliance NoticeU.K.

21.  Where an enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with—

(a)regulation 16;

(b)regulation 18; and

(c)regulation 20

it may serve a compliance notice on the producer.

22.  A notice which is served under regulation 21 shall—

(a)state that the enforcement authority suspects that a requirement of this Part of the Regulations has been contravened;

(b)specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;

(c)require the producer to comply with the requirement;

(d)specify the period of time within which the producer must comply with therequirement; and

(e)warn the producer that unless the requirement is complied with or satisfactory evidence has been provided within the period specified in the notice he may be prosecuted under regulation 23.

[F3Entry and InspectionU.K.

22A.—(1) For the purposes of carrying out their functions under these Regulations, an enforcement officer may exercise the following powers of entry and inspection.

(2) Subject to the production if so requested of their credentials, an enforcement officer may—

(a)enter at any reasonable time any premises except for a private dwelling which that officer considers necessary to enter;

(b)make such examination and investigation as may in the circumstances be necessary;

(c)take such measurements and photographs and make such recordings as are considered necessary for the purpose of an examination or investigation under sub-paragraph (b);

(d)take samples, or cause samples to be taken, of any materials and components of vehicles found in or on any premises which the enforcement officer has power to enter;

(e)require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—

(i)which are required to be kept under these Regulations, or

(ii)which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (b),

and inspect and take copies of, or any entry in, the records; and

(f)require any person on the premises to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on them by these Regulations.]

OffencesU.K.

[F423.—(1) A producer who fails to comply with any of the requirements of the following regulations—

(a)regulation 16;

(b)regulation 18; and

(c)regulation 20

shall be guilty of an offence.

(2) A person shall be guilty of an offence if they—

(a)without reasonable cause, fail to comply with a requirement imposed under regulation 22A;

(b)without reasonable cause, obstruct an enforcement officer in the exercise of powers in regulation 22A.]

PenaltiesU.K.

24.  A [F5person] who is guilty of an offence under regulation 23 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

EnforcementU.K.

[F625.  The Secretary of State shall be under a duty to enforce Parts III and IV of these Regulations and in carrying out those duties may appoint any person to act on behalf of the Secretary of State.]

26.—(1) Subject to regulation 26(2) the enforcement authority shall not commence proceedings for an offence under [F7Part III or regulation 23(1)] unless a compliance notice has been served on the producer and the time limit specified for compliance in the compliance notice has expired.

(2) The enforcement authority shall not commence proceedings for an offence in Scotland.