Motor Vehicles (Construction and Use) (Amendment No. 6) Regulations (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/279/made/data.htm?wrap=true
Published: 1999-06-18

Statutory Rules of Northern Ireland
1999 No. 279

ROAD TRAFFIC AND VEHICLES
Motor Vehicles (Construction and Use) (Amendment No. 6) Regulations (Northern Ireland) 1999

Made
18th June 1999

Coming into operation in accordance with regulation 1(2)
The Department of the Environment, in exercise of the powers conferred on it by Articles 55(1), (2) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 6) Regulations (Northern Ireland) 1999.

(2) These Regulations shall come into operation—

(a)for the purposes of regulation 3(3), on 1st January 2000;

(b)for the purposes of regulation 3(4) and (6) on 1st September 2001; and

(c)for all other purposes on 1st August 1999.

(3) The Department is satisfied that—

(a)it is requisite that the provisions of regulation 3(9) shall apply as from 1st August 1999 to vehicles registered under the Vehicle Excise and Registration Act 1994(2) before the expiration of one year from the making of these Regulations; and

(b)notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

(4) In these Regulations “the principle Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(3).

Amendments to regulation 37 (fuel tanks)

2.  In regulation 37(4) of the principal Regulations—

(a)in paragraph (2), for the words “paragraphs (3) and (4)” there shall be substituted “paragraphs (3), (3A) and (4)”; and

(b)after paragraph (3) there shall be inserted the following paragraph—

“(3A) Head (i) of paragraph (2)(c) shall not have effect in relation to a two-wheeled motor cycle (with or without a side-car) first used on or after 1st August 1999.”.

Amendments to regulation 63 (emission of smoke, vapour, gases, oily substances, etc.)

3.—(1) Regulation 63 of the principal Regulations shall be amended as follows—

(2) In paragraph (1), for the words “paragraph (4)” there shall be substituted the words “paragraph (3B)”.

(3) For paragraph (10A)(5), there shall be substituted the following paragraph—

“(10A) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—

(a)when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—

(i)in the case of a vehicle first used before 1st August 1986, 4.5%; or

(ii)in the case of a vehicle first used on or after 1st August 1986, 3.5%;

of the total exhaust emissions from the engine by volume; and

(b)when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.”.

(4) After paragraph (10A), there shall be inserted the following paragraphs—

“(10AA) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 6B applies to the vehicle.

(10AB) Subject to paragraph (10B), paragraph (10AA) applies to—

(a)a passenger car which—

(i)is first used on or after 1st August 1992 and before 1st August 1995, and

(ii)is of a description mentioned in the Annex to the emissions publication;

(b)a vehicle which—

(i)is not a passenger car,

(ii)is first used on or after 1st August 1994, and

(iii)is of a description mentioned in the Annex to the emissions publication; or

(c)a passenger car which is first used on or after 1st August 1995,

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 6B.

(10AC) Paragraph (10A) does not apply to—

(a)a vehicle to which paragraph (10AA) applies; or

(b)a vehicle if, at the date the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.

(10AD) Paragraph (10AA) does not apply to a vehicle if, at the date that engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.”.

(5) In paragraph (10B)(6)—

(a)for the words “Paragraph (10A) does not” there shall be substituted the words “Paragraphs (10A) and (10AA) do not”; and

(b)sub-paragraphs (a), (g), (h) and (i) shall be omitted and sub-paragraphs (b), (c), (d), (e), (f) and (j) shall be renumbered as (a), (b), (c), (d), (e) and (f).

(6) After paragraph (10B), there shall be inserted the following paragraphs—

“(10BA) Without prejudice to paragraphs (1) and (7), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 6B applies to the vehicle.

(10BB) Paragraph (10BA) shall not apply to—

(a)a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b)a vehicle being driven to a place where it is to undergo repairs;

(c)an exempt vehicle within the meaning given by paragraph (12)(a);

(d)engineering plant, an industrial tractor or a works truck; and

(e)(i)a goods vehicle of which the design gross weight is more than 3,000 kilograms but does not exceed 3,500 kilograms;

(ii)a small bus, constructed or adapted to carry more than 12 seated passengers, used under a permit granted under section 10B of the Transport Act (Northern Ireland) 1967(7); and

(iii)a vehicle in Class III, IV or V within the meaning of the Motor Vehicle Testing Regulations (Northern Ireland) 1995(8)

and first used before 1st August 1979.”.

(7) In paragraph (11)(9), for the words “item 8, 9, 10 or 11” there shall be substituted the words “any item numbered 8 or more”.

(8) After paragraph (11), there shall be inserted the following paragraph—

“(11A) In this regulation, “passenger car” means a motor vehicle which—

(a)is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b)has no more than five seats in addition to the driver’s seat; and

(c)has a maximum gross weight not exceeding 2,500 kg.”.

(9) For Table II(10) there shall be substituted the Table set out in Schedule 1.

New Schedule 6B (emission requirements relating to certain motor vehicles)

4.  After Schedule 6A(11), there shall be inserted the Schedule set out in Schedule 2.

Amendment to Schedule 1

5.  In Table I of Schedule 1, after item 75 there shall be inserted the following item—

“76
94/12
23.3.94
L100, 19.4.94, p. 42
Measures to be taken against air pollution by emissions from motor vehicles
70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458, 91/441 and 93/59
4L”.

Sealed with the Official Seal of the Department of the Environment on 18th June 1999.

L.S.
J. Ritchie
Assistant Secretary

Regulation 3(9)
SCHEDULE 1

“Table II Regulation 63(3A), (3C), (7), (11) and (12)

(1)
(2)
(3)
(4)
(5)
(6)

Item
Class of Vehicle
Date of First Use
Design, construction and equipment requirements
Vehicles exempted from requirements
Emitted substances

(a)
(b)

Instruments
Place in instrument where requirements are stated

1.
Vehicles propelled by a spark ignition engine.
1st October 1982.

Community Directive 78/665 or ECE Regulation 15.03.

Annex I, paragraphs 3 and 5.
(a) A vehicle whose maximum gross weight exceeds 3,500kg;
Carbon monoxide, hydrocarbons and oxides of nitrogen.

Paragraphs 5, 8 and 11.
(b) A vehicle which complies with the requirements of item 2, 4, 5, 8, 11, 12 or 13;

(c) A vehicle whose maximum speed is less than 50km/h;

(d) An exempt vehicle.

2.
All vehicles.
1st April 1991.
Community Directive 83/351
Annex I, paragraphs 5, 7 and 8.

(a) A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500 kg;

Carbon monoxide, hydrocarbons and oxides of nitrogen.

or
Paragraphs 5, 8 and 12.
(b) A vehicle which complies with the requirements of item 4, 5, 8, 11, 12 or 13;

ECE Regulation 15.04.

(c) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9 or 10;

(d) An industrial tractor, works truck or engineering plant;

(e) A vehicle whose maximum speed is less than 50km/h;

(f) An exempt vehicle.

3.
Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine.
1st April 1993.
ECE Regulation 49.
Paragraphs 5 and 7.
A vehicle which complies with the requirements of item 6, 9, 10, 11, 12 or 13.
Carbon monoxide, hydrocarbons and oxides of nitrogen.

4.
Passenger vehicles which—
1st April 1991.
Community Directive 88/76 or
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle which complies with the requirements of item 2, 8, 11, 12 or 13;
Carbon monoxide, hydrocarbons and oxides of nitrogen.

(a) are constructed or adapted to carry not more than five passengers excluding the driver, and

Community Directive 89/458 or
Annex I, paragraphs 5, 7 and 8.
(b) A vehicle whose maximum speed is less than 50km/h;

(b) have a maximum or gross weight of not more than 2,500kg, not being off-road vehicles.

ECE Regulation 83.
Paragraph 5, 8 and 13.
(c) An exempt vehicle.

5.
Vehicles which are not of a description specified in this column in item 4 but which—

Community Directive 88/76 or
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10 11, 12 or 13;
Carbon monoxide, hydrocarbons and oxides of nitrogen.

(a) are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000kg, or
1st April 1992.
ECE Regulation 83.
Paragraphs 5, 8 and 13.
(b) An industrial tractor, works truck or engineering plant;

(b) are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500kg.
1st April 1991.

(c) A vehicle whose maximum speed is less than 50km/h;

(d) A vehicle which complies with the requirements of item 8;

(e) An exempt vehicle.

6.
All vehicles propelled by compression ignition engines.
1st April 1991.
Community Directive 88/77
Annex I, paragraphs 6, 7 and 8.
(a) A vehicle whose maximum gross weight is less than 3,500kg and which complies with the requirements of item 2;
Carbon monoxide, hydrocarbons and oxides of nitrogen.

or

(b) A vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11, 12 or 13;

ECE Regulation 49.01.
Paragraphs 5, 6, and 7.
(c) A fire appliance which is first used before 1st October 1992;

(d) An industrial tractor, works truck or engineering plant;

(e) An exempt vehicle.

7.
Passenger vehicles which—
1st April 1991.
Community Directive 88/436.
Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions.
(a) A vehicle which complies with the requirements of item 8, 11, 12 or 13;
Particulates.

(a) are constructed or adapted to carry not more than five passengers excluding the driver;

(b) A vehicle whose maximum speed is less than 50km/h;

(b) have a maximum gross weight of not more than 2,500kg; and

(c) An off-road vehicle;

(c) are propelled by a compression ignition engine of the indirect injection type.

(d) An exempt vehicle.

8.
All vehicles.
31st December 1992.
Community Directive 91/441 or
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which—
Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

ECE Regulation 83.01.
Paragraphs 5, 8 and 13.
(i) complies with the requirements of item 6 and is first used before 1st October 1993, or

(ii) complies with the requirements of item 9, 10, 11, 12 or 13;

(b) An industrial tractor, works truck or engineering plant;

(c) A vehicle whose maximum speed is less than 50km/h;

(d) An exempt vehicle.

9.
All vehicles propelled by a compression ignition engine.
1st October 1993.
Community Directive 91/542.
Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub- paragraphs 6.2.1 and 8.3.1.1).
(a) A vehicle which complies with the requirements of item 8, 10, 11, 12 or 13;
Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

or
Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).
(b) An industrial tractor, works truck or engineering plant;

ECE Regulation 49.02.

(c) An exempt vehicle.

10.
All vehicles propelled by a compression ignition engine.
1st October 1996.
Community Directive 91/542
Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub- paragraphs 6.2.1 and 8.3.1.1).
(a) A vehicle which complies with the requirements of item 8, 11, 12 or 13;
Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

or
Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).
(b) An industrial tractor, works truck or engineering plant;

ECE Regulation 49.02.

(c) An exempt vehicle.

11.
All vehicles.
1st October 1994.
Community Directive 93/59.
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 12 or 13;
Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

(b) An industrial tractor, works truck or engineering plant;

(c) Vehicles whose maximum speed is less than 50km/h;

(d) An exempt vehicle.

12.
All vehicles.
1st January 1997.
Community Directive 94/12
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with requirements of items 9, 10, 11 or 13;
Carbon monoxide, hydrocarbons, the oxides of nitrogen and particulates.

(b) An industrial tractor, works truck or engineering plant;

(c) Vehicles whose maximum speed is less than 50km/h;

(d) An exempt vehicle.

13.
All vehicles.
1st October 1997.
Community Directive 96/99
Annex I, paragraphs 5, 7 and 8.
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the items requirements of 9, 10 or 12;
Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

(b) A vehicle as defined in column 2 of item 14;

(c) An industrial tractor, works truck or engineering plant;

(d) Vehicles whose maximum speed is less than 50km/h;

(e) An exempt vehicle.

14.
Vehicles falling within—
1st October 1998.
Community Directive 96/69.
Annex I, paragraphs 5, 7 and 8.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

(a) Class II or III as specified in the Annex to Community Directive 96/69, of category N1, or

(b) Category M and specified in footnote (2) of that Annex.

Note: References to categories M and N1 are to those categories as specified in Annex II of the Framework Directive.”.


Regulation 4
SCHEDULE 2

Regulation 63(10AA), (10AB) and (10BA)

“SCHEDULE 6BEmissions From Certain Motor Vehicles

PART IVehicles Propelled By Spark Ignition Engines

1.  This Part of this Schedule applies to a vehicle if, when the engine is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine exceeds the relevant percentage of the total exhaust emissions from the engine by volume.

2.  This Part of this Schedule also applies to a vehicle if, when the engine is running without load at a fast idling speed—

(a)the carbon monoxide content of the exhaust emissions from the engine exceeds 0.3% of the total exhaust emissions from the engine by volume;

(b)the hydrocarbon content of those emissions exceeds 0.02% of the total exhaust emissions from the engine by volume; or

(c)the lambda value is not within the relevant limits.

3.  For the purposes of this Part of this Schedule the relevant percentage, in respect of a vehicle, is—

(a)if the vehicle is of a description specified in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 2(a) of that Annex; or

(b)if the vehicle is not of such a description, 0.5%.

4.  For the purposes of this Part of this Schedule, in the case of a vehicle of a description specified in the Annex to the emissions publication, the engine shall be regarded as running at a normal idling speed if and only if the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and (c) respectively of that Annex.

5.  For the purposes of this Part of this Schedule an engine shall be regarded as running at a fast idling speed if—

(a)the vehicle is of a description specified in the Annex to the emissions publication and the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b)the vehicle is not of such a description and the engine is running at a rotational speed between 2,500 and 3,000 revolutions per minute.

6.  For the purposes of this Part of this Schedule, the lambda value, in respect of a vehicle, shall be regarded as being within relevant limits, if and only if—

(a)the vehicle is of a description specified in the Annex to the emissions publication and the lambda value is between the minimum and maximum limits shown against that description of vehicle in columns 3(c) and (d) respectively of that Annex; or

(b)the vehicle is not of such a description and the lambda value is between 0.97 and 1.03.

7.  In this Part of this Schedule—

(a)a reference to lambda value, in relation to a vehicle at any particular time, is a reference to the ratio by mass of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7; and

(b)“the emissions publication” is the publication entitled “In-Service Exhaust Emissions Standards for Road Vehicles (Fifth Edition)” (ISBN 0-9526457-4-2) published by the Department of the Environment, Transport and the Regions.

PART IIVehicles Propelled by Compression Ignition Engines

8.  This Part of this Schedule applies to a vehicle if with free acceleration, the coefficient of absorption of the exhaust emissions from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a)if the engine of the vehicle is turbo-charged, 3.0 per metre, or

(b)in any other case, 2.5 per metre.

9.  In this Part of this Schedule—

(a)“coefficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Community Directive 72/306; and

(b)“free acceleration” has the same meaning as in Annex II to Council Directive 77/143/EEC(12) as amended by Council Directive 88/449/EEC(13), Council Directive 91/225/EEC(14), Council Directive 91/328(15) and Council Directive 92/55(16).”.
Explanatory Note

(This note is not part of the Regulations.)
These Regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 (“the 1989 Regulations”).
Regulation 37 (fuel tanks) of the 1989 Regulations requires petrol tanks fitted to vehicles first used on or after 1st July 1973 to be made of metal. The amendments exempt motor cycles first used on or after 1st August 1999.
Regulation 63 (exhaust emissions) of the 1989 Regulations is amended so as to introduce—
(a)compulsory compliance with the limits on emissions from vehicles with spark ignition engines first used on or after—

(i)1st January 1997 as set by Council Directive 94/12/EC; and

(ii)1st October 1997 or 1st October 1998 as set by Council Directive 96/69;
(b)provision for other vehicles whenever first used to comply with those limits as an alternative to existing requirements.
Regulation 63(10A) previously made it unlawful (with certain exceptions) for a vehicle with a four stroke spark ignition engine to be used on a road if it was in such a condition that, with the engine idling, the carbon monoxide and hydrocarbon content of the exhaust emissions exceeded specified limits. The limit in the case of carbon monoxide content was 4.5% if the vehicle was first used on or after 1st August 1983 or 6% in any other case. The limit in the case of hydrocarbon content was 0.12%. The provision applied only to vehicles first used on or after 1st August 1975.
These Regulations substitute, with effect from 1st January 2000, a new regulation 63(10A) in similar terms but with the following modifications—
(a)the fuel on which a vehicle is running as well as its condition has to be such that the emission requirements are met,
(b)a 4.5% carbon monoxide limit applies to all vehicles first used on or after 1st August 1975 and before 1st August 1986,
(c)in the case of vehicles first used on or after 1st August 1986, the carbon monoxide limit is reduced to 3.5%, and
(d)the hydrocarbon content of the emissions has to be within the required limit when the engine is running without load at 2,000 rpm and not when idling.
A new regulation 63(10AA) is inserted with effect from 1st September 2001 and applies to various light vehicles with spark ignition engines. As from that date, regulation 63(10A) will not apply to vehicles to which the new regulation 63(10AA) applies. However, it will be unlawful for a vehicle to which regulation 63(10AA) applies to be used on a road if—
(a)its carbon monoxide content exceeds a specified amount at idling speed,
(b)the carbon monoxide content of the exhaust emissions exceeds 0.3% at fast idling speed,
(c)the hydrocarbon content of the emissions exceeds 0.02% at fast idling speed, or
(d)the ratio of air to petrol vapour in the mixture entering the combustion chambers is outside specified limits.
The new regulation 63(10AA) does not apply to any vehicle first used before 1st August 1992, and to some vehicles first used before 1st August 1995.
A new regulation 63(10BA) is inserted with effect from 1st September 2001 and applies to vehicles with diesel engines (with certain exceptions). It makes it unlawful for a vehicle with a diesel engine to be used on a road if it is in such a condition and running on such fuel that specified limits concerning the emissions are exceeded.
The new regulation 63(10A), (10AA) and (10BA) as read with the Motor Vehicle Testing Regulations (Northern Ireland) 1995 (S.R. 1995 No. 448) will give effect to Council Directive 92/55/EEC (O.J. No. L225, 10.8.92, p. 68).
Copies of the emissions publication may be obtained from the Driver and Vehicle Testing Agency, Balmoral Road, Belfast BT12 6QL (telephone 01232 681831).
Copies of the EC Directives which are relevant to these Regulations can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.


(1)
S.I. 1995 No. 2994 (N.I. 18); see Article 2(2) for the definition of “the Department”

(2)
1994 c. 22

(3)
S.R. 1989 No. 299; relevant amending Regulations are S.R. 1991 No. 420, S.R. 1992 Nos. 111 and 509, S.R. 1993 No. 39, S.R. 1994 No. 231 and S.R. 1999 No. 235

(4)
Regulation 37 was amended by S.R. 1992 No. 111, regulation 11

(5)
Paragraph (10A) was inserted by S.R. 1993 No. 39, regulation 2(4)

(6)
Paragraph (10B) was inserted by S.R. 1993 No. 39, regulation 2(4)

(7)
1967 c. 37; section 10B was inserted by S.I. 1990/994 (N.I. 7), Article 3

(8)
S.R. 1995 No. 448 as amended by S.R. 1996 No. 140 and S.R. 1998 No. 74 and S.R. 1999 No. 78

(9)
Paragraph (11) was inserted by S.R. 1991 No. 420, regulation 7(3) and amended by S.R. 1992 No. 509, regulation 5(5) and S.R. 1994 No. 231, regulation 2(2) and S.R. 1999 No. 235, regulation 8(4)

(10)
Table II was inserted by S.R. 1991 No. 420, reg. 7(5) and substituted by S.R. 1994 No. 231, regulation 2(4)

(11)
Schedule 6A was inserted by S.R. 1995 No. 94, regulation 3(9) and Schedule 2

(12)
O.J. No. L47, 18.2.77, p. 47

(13)
O.J. No. L222, 12.8.88, p. 10

(14)
O.J. No. L103, 23.4.91, p. 3

(15)
O.J. No. L178, 6.7.91, p. 29

(16)
O.J. No. L225, 10.8.92, p. 68
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