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S.I. No. 192/1995 - European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1995.

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S.I. No. 192/1995 - European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1995.
S.I. No. 192/1995:

EUROPEAN COMMUNITIES (MECHANICALLY PROPELLED VEHICLE EMISSION CONTROL) REGULATIONS, 1995.
EUROPEAN COMMUNITIES (MECHANICALLY PROPELLED VEHICLE EMISSION CONTROL) REGULATIONS, 1995.
The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to the provisions of Council Directive 94/12/EC1 of 23 March, 1994 and Council Directive 93/81/EEC2 of 29 September, 1993, as they relate to air pollution emission controls on mechanically propelled vehicles, hereby make the following Regulations:
1. These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1995.
2. (1) In these Regulations:—
"certificate of conformity" means a document in the form specified in the First Schedule to these Regulations;
"design gross vehicle weight" of a vehicle means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle, and shall, until the contrary is shown, be taken to be—
(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or
(ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;
1O.J. No. L. 100/42 of 19.04.1994.
2O.J. No. L. 264/49 of 23.10.1993.
"first licence" means the first licence issued for a new vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;
"licensing authority" means the council of a county or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;
"mechanically propelled vehicle" means any vehicle (with or without bodywork) having a positive ignition engine or a compression ignition engine and at least four wheels, and which is intended for use on the road and has a maximum design gross vehicle weight of at least 400 kilogrammes and a maximum design speed equal to or greater than 50 kilometres per hour; with the exception of agricultural tractors and machinery and public works vehicles;
"the Minister" means the Minister for the Environment;
"vehicles of the category M1" means mechanically propelled vehicles used for the carriage of passengers and comprising not more than eight seats excluding the driver's seat;
"vehicles of the category M2" means mechanically propelled vehicles used for the carriage of passengers and comprising more than eight seats excluding the driver's seat, and having a maximum design gross vehicle weight not exceeding 5 tonnes;
"vehicles of the category N1" means mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum design gross vehicle weight not exceeding 3.5 tonnes;
"vehicles of the category N2" means mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum design gross vehicle weight exceeding 3.5 tonnes but not exceeding 12 tonnes.
(2) In these Regulations—
( a ) any reference to an article which is not otherwise identified is a reference to an article of these Regulations,
( b ) any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the provision in which the reference occurs,
( c ) a word or phrase to which a meaning has been assigned by Directive 93/59/EEC3, Directive 94/12/EC, or Directive 93/81/EEC, has that meaning except where defined in sub-article (1) or where otherwise indicated.
3. (1) These Regulations apply to mechanically propelled vehicles which are—
( a ) equipped with positive ignition engines,
or
( b ) in the category M1 or N1 equipped with compression ignition engines with the exception of such vehicles in the category N1 for which type approval has been granted pursuant to Council Directive 91/542/EEC4, or
( c ) in the category M2 or N2 equipped with compression ignition engines and to which type approval is extended pursuant to Council Directive 93/59/EEC or Council Directive 94/12/EC,
(2) Subject to article 4, a licensing authority shall not grant an application for a first licence for a vehicle to which these Regulations apply—
( a ) from the 1st day of September 1995 until the 31st day of December 1995 unless the said application includes either a certificate of conformity with the provisions of Directive 93/59/EEC or Directive 94/12/EC or a declaration in the form specified in the Second Schedule to these Regulations made by the manufacturer of the said vehicle or by his authorised representative that such a certificate has been issued in respect of the vehicle,
( b ) from the 1st day of January, 1996 until the 31st day of December, 1996 unless the said application is accompanied by a certificate of conformity with the provisions of either Directive 93/59/EEC or Directive 94/12/EC,
( c ) on or after the 1st day of January, 1997, unless the said application is accompanied by a certificate of conformity with the provisions of Directive 94/12/EC.
3O.J. No. L. 186/21 of 28.07.1993.
4O.J. No. L. 295/1 of 25.10.1991.
4. (1) Notwithstanding sub-article 3 (2), a licensing authority shall, from the 1st day of January, 1997 until the 30th day of June, 1997, grant the application for the first licence in respect of a mechanically propelled vehicle in the category M1, with the exception of such a vehicle comprising more than five seats excluding the driver's seat or such a vehicle with a maximum design gross vehicle weight exceeding 2.5 tonnes where the said application is not accompanied by a certificate of conformity in accordance with the provisions of Directive 94/12/EC provided that the application for the licence is accompanied by an authorisation pursuant to sub-article (2).
(2) The Minister may, subject to sub-article (4), grant an authorisation exempting a new mechanically propelled vehicle from the requirements of article 3 where the vehicle was in the territory of the European Community on the 1st day of January, 1997 and where—
( a ) an application is made in writing to the Minister by the manufacturer of the vehicle or by a representative nominated by him for this purpose,
( b ) the said application includes—
(i) details of the type of vehicle to which the application relates,
(ii) a certificate of conformity, in accordance with the provisions of Directive 93/59/EEC, in respect of the vehicle,
(iii) the engine number and chassis number of each vehicle for which an authorisation is sought,
(iv) the number of vehicles of that type for which a first licence was granted in the period from the first day of January, 1996 until the 31st day of December, 1996,
(v) any other information which the Minister may require to be submitted in order to consider the application, and
(vi) a copy of the exemption granted by a competent authority (in accordance with Directive 93/81/EEC) which approved the corresponding type of vehicle, which copy has been certified in writing as a true copy by the manufacturer or his representative making the application.
(3) The Minister may dispense with the requirement of sub-article (2) (vi) where it appears to him that special difficulty is or would be involved for the applicant to comply with the requirement.
(4) The total number of authorisations for vehicles of any specific type shall not exceed ten per cent of the number of vehicles of that type for which first licences were issued in the period from the 1st day of January, 1996 to the 31st day of December, 1996.
5. A licensing authority shall not grant a first licence for a mechanically propelled vehicle to which these Regulations apply where it has reason to believe that the application or any of the accompanying documentation contains information which is false.
6. (1) It shall be an offence to provide false information or make a false declaration or certification in connection with an application for a licence under these Regulations.
(2) A person convicted of an offence under sub-article (1) shall be liable on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment.
7. The European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1994 ( S.I. No. 194 of 1994 ) are hereby revoked with effect from the 1st day of September, 1995.
FIRST SCHEDULE
Form of Certificate of Conformity by Manufacturer

The undersigned

of............................................................ ............................................................ ........................................

(name of manufacturer)

hereby certifies that the vehicle:
1. Category (e.g. private car, goods vehicle)............................................................ ....................
2. Make............................................................ ............................................................ ...............
3. Type............................................................ ............................................................ ...............
4. Manufacturer's vehicle identification and/or chassis number.................................................

conforms in all respects to the type approved

at............................................................ ............................................................ ........................................

on............................................................ ......................by............................................................ .............

and described in Type approval Certificate

No............................................................ ............................................................ .......................................

The vehicle to which the above Type Approval Certificate relates was granted type approval in respect of the following EC Directives.

............................................................ ............................................................ ............................................

............................................................ ............................................................ ............................................

............................................................ ............................................................ ............................................

............................................................ ..................

............................................................ ............

(Place)

(Name and Signature)

............................................................ .................

............................................................ ............

(Date)

(Position)
SECOND SCHEDULE

I/We hereby certify that the vehicle, details of which are given overleaf
( a ) is a new vehicle
( b ) has been sold by me to............................................................ ...........................................
on (date of sale)............................................................ .........................................
( c ) is being licensed by me/us for my/our own use strike out either (b) or (c) whichever is not applicable
( d ) is one in respect of which a Certificate of Conformity within the requirements of each of the following EC Type Approval/Emission Control Directive(s) or Regulation(s)

............................................................ ............................................................ ........................................

............................................................ ............................................................ ........................................

has been issued by the manufacturer of the said vehicle or his authorised representative, and can be produced on request by the licensing authority.

Signed............................................................ ..............
Dealer's stamp.....................................

Date............................................................ .................
GIVEN under the Official Seal of the Minister for the Environment, this 18th day of July, 1995.
BRENDAN HOWLIN,
Minister of the Environment.
EXPLANATORY NOTE.
These Regulations prohibit the issue of first licences for certain new vehicles from 1 January, 1997 unless the vehicles conform to the air pollutant emission control requirements of Directive 9¼41/EEC as amended by Directive 94/12/EC. Exceptions are made, in accordance with Directive 93/81/EEC, for certain "end of series" vehicles for a limited period subject to specified conditions. It is also permitted to issue first licences prior to 1 January, 1997 where vehicles conform to the requirements of either Directive 93/59/EEC or Directive 94/12/EC.