The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009

• Citation: S.I. 2009/2084
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 and come into force on 26th August 2009.

Section 2 Amendment of Regulations

The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 are amended in accordance with regulations 3 to 9.

Section 3 General interpretation

(1) Regulation 2 is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “Directive 70/156/EEC ”;

(b) for the definition of “Directive 88/77/EEC ” substitute—

“ Directive 2005/55/EC ” means Directive 2005/55/EC of the European Parliament and of the Council of 28th September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ;

“ Directive 2006/40/EC ” means Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC ;

“ Directive 2007/46/EC ” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ;

(c) after the definition of “the Plating and Testing Regulations” insert—

“ air-conditioning system ” has the same meaning as in Article 3(3) of Directive 2006/40/EC ;

(d) after the definition of “dual-purpose vehicle” insert—

“ ELR test ” has the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ;

(e) after the definition of “emissions or noise item” insert—

“ ESC test ” and “ ETC test ” have the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ;

“ fluorinated greenhouse gases ” has the same meaning as in Article 3(5) of Directive 2006/40/EC ;

(f) in the definition of “Framework Directive vehicle” for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”; and

(g) after the definition of “Framework Directive vehicle” insert—

“ global warming potential ” has the same meaning as in Article 3(8) of Directive 2006/40/EC ;

(3) For paragraph (2A), substitute—

(2A) Subject to paragraph (2B), any reference in these Regulations to a Community instrument is a reference to that instrument as amended up to and including the date that the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 are made.

(2B) Paragraph (2A) does not apply to the reference in item 5 in Schedule 1 in relation to Council Directive 72/245/EEC .

(4) In paragraph (6)—

(a) in sub-paragraph (a), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”; and

(b) in sub-paragraph (b), for “the said Annex II” substitute “Directive 2007/46/EC as read with one or more of the separate Community instruments referred to in Part I of Annex IV to that Directive”.

Section 4 Interpretation of instruments referred to in Schedule 1

In regulation 2A, in paragraph (a), for “Council Directive 70/156/EEC of 6th February 1970” substitute “Annex II to Directive 2007/46/EC ”.

Section 5 Application of type approval requirements

(1) Regulation 4 is amended as follows.

(2) In paragraph (1)(b), for paragraph (i) substitute—

(i) on and after 26th August 2009 or any later date specified in column (5) of Part I of Schedule 1;

(3) Omit paragraphs (10) and (11).

Section 6 Amendment of Part I of Schedule 1 (type approval requirements)

(1) Part I of Schedule 1 is amended as follows.

(2) Omit items 2, 2A and 2B.

(3) In item 2C—

(a) in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”;

(b) in column (4), for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(c) in column (5), omit “1.1.2007”.

(4) After item 2C insert—

Vehicles other than of category N1 class I.

Vehicles of category N1 class I not fitted with an air-conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150.

(5) Omit items 2D, 2E, 2F and 2G.

(6) In item 2H—

(a) in column (4), paragraph 2, for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and

(b) in column (5), omit “1.1.2007”.

(7) Omit item 2I.

(8) For items 2J and 2K, substitute—

Directive 2005/55/EC ,

or

the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

Articles 3 and 4 and Annexes I to VIII.

For vehicles propelled by compression-ignition engines the limit values are those specified in row B1 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B1 of Table 2 in section 6.2.1 of Annex I.

Vehicles which comply with the requirements in item 2C.

Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.

Directive 2005/55/EC ,

or

the ECE Regulation set out in the second column of the table in part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

Articles 3 and 4 and Annexes I to VIII.

For vehicles propelled by compression-ignition engines the limit values are those specified in row B2 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of

Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B2 of Table 2 in section 6.2.1 of Annex I.

Vehicles which comply with the requirements in item 2C.

Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.

(9) For item 3, substitute—

Council Directive 72/306/EEC of 2nd August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles ,

Commission Directive 2005/78/EC of 14th November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto ,

or

the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

The requirements in the Annexes with respect to the design, construction, equipment or marking of vehicles.

The requirements in Annex VI with respect to the design, construction, equipment or marking of vehicles.

(10) In items 4 and 4A, in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.

(11) In item 5, in column (3)—

(a) after “of vehicles” insert “as amended by Directive 89/491/EEC ”; and

(b) for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.

(12) In item 6, in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.

(13) Omit item 9.

(14) In item 9A, in column (4), for paragraphs 2 and 3 substitute—

Vehicles of category N2 and N3 having, in either case, a maximum design speed of 25 kilometres per hour or less.

Vehicles of category N2 or N3 to which a speed limitation device is not fitted.

(15) In item 12—

(a) in column (3), for “making” substitute “marking”; and

(b) in column (5), omit “4.2.2004”.

(16) After item 12 add—

Council Directive 80/1268 of 16th December 1980 on the approximation of the laws of the Member States relating to the carbon dioxide emissions and the fuel consumption of motor vehicles ,

or

the ECE Regulation set out in the

second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

Council Directive 70/221/EEC of 20th March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection for motor vehicles and their trailers ,

or

the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.

Section 7 Amendment of Part II of Schedule 1 (requirements referred to in Part I)

In Part II of Schedule 1, omit paragraphs 2 and 3.

Section 8 Amendment of Part I of Schedule 2 (form of information document for a goods vehicle)

(1) Part I of Schedule 2 is amended as follows.

(2) In the form of information document—

(a) in entry 6.1, delete “Engine Power/”;

(b) in entry 6.2, for “(Petrol/Diesel)” substitute “(including from air-conditioning systems), on-board diagnostic systems, diesel emissions”;

(c) in entry 6.3, for “Sound level and exhaust” substitute “Diesel smoke, smoke emissions, sound level”;

(d) in entry 6.4, for “Brakes” substitute “Braking”; and

(e) after entry 6.5 insert—

6.8

Consumption and emissions

6.9

Fuel tanks

Section 9 Amendment of Part II of Schedule 2 (form of information document for a vehicle part to accompany application for type approval certificate or Minister’s approval certificate)

In Part II of Schedule 2, in paragraph i (under the heading “Detailed specification”) for “Council Directive 70/156/EEC ” to the end substitute “Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.

Section 10 Saving

(1) The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall continue to apply in relation to a relevant vehicle or a relevant part as if these Regulations had not been made.

(2) For the purposes of this regulation—

(a) “ relevant vehicle ” means a vehicle—

(i) in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force; and

(ii) which is first licensed under the Vehicle Excise and Registration Act 1994 on or after that date; and

(b) “ relevant part ” means a vehicle part—

(i) in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force; and

(ii) which is supplied on or after that date.