3 Amendment of regulation 36A
1 Regulation 36A shall be amended as follows.
2 In paragraph (2C), for sub-paragraph (b), there shall be substituted—

“(b) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;
OJNo. L107, 18.4.2001, p.10.[DfT 13723]”

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3 For paragraph (7A) there shall be substituted—

“7A A speed limiter fitted to a paragraph (2) vehicle which—
(a) was first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes; or
(b) was first used before 1st October 2001 and has a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes;
may be set at a maximum speed of 100 km/h.”

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4 In paragraph (13)—
(a) the word “or” immediately after sub-paragraph (a) shall be omitted; and
(b) after sub-paragraph (b) there shall be added—

“(c) which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;
(d) which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or
(e) while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005, for ambulance purposes or police purposes.
2005 asp5.”

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5 In paragraph (14), in the appropriate alphabetical position, the following definition shall be added—

““Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC);”

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OJNo. L44, 16.2.2000, p1.