The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/2210/made/data.htm?wrap=true
Published: 1995-08-10

Statutory Instruments
1995 No. 2210

ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995

Made
10th August 1995

Laid before Parliament
4th September 1995

Coming into force

For the purposes of regulation 3(4), (5) and (8)
1st January 1996

For all other purposes
25th September 1995

The Secretary of State, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Commencement and citation

1.—(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995.

(2) These Regulations shall come into force for the purposes of regulation 3(4), (5) and (8) on 1st January 1996 and for all other purposes on 25th September 1995.

Preliminary

2.  The Road Vehicles (Construction and Use) Regulations 1986(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to Regulation 61 (emission of smoke, vapour, gases, oily substances, etc)

3.—(1) Regulation 61 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), 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 7B applies to the vehicle.

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

(a)a passenger car which—

(i)is first used on or after 1st August 1992 and before 1st August 1994, 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 before 1st August 1996, and

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

(c)a passenger car which is first used on or after 1st August 1994; or

(d)a vehicle which—

(i)is not a passenger car,

(ii)is first used on or after 1st August 1996, and

(iii)has a maximum gross weight not exceeding 3,500 kg,

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 7B.

(10AC) Until 1st August 1997, paragraph (10AA) shall not apply to a vehicle in Class V or VI within the meaning of the Motor Vehicles (Tests) Regulations 1981(3).

(10AD) Paragraph (10A) does not apply to a vehicle to which paragraph (10AA) applies.”.

(5) In paragraph (10B), for the words “Paragraph (10A) does not” there shall be substituted the words “Paragraphs (10A) and (10AA) do not” and in sub-paragraph (d) the word “above” shall be omitted.

(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 7B 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)a vehicle in Class III, IV, V or VII within the meaning of the Motor Vehicles (Tests) Regulations 1981 and first used before 1st August 1979.

(10BC) Until 1st April 1996, paragraph (10BA) shall not apply to a vehicle in respect of which there is in force a licence under section 6 of the Metropolitan Carriage Act 1869(4).”.

(7) In paragraph (11), 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 2,500kg.”.

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

New Schedule 7B (Emission requirements relating to certain motor vehicles)

4.  After Schedule 7A, there shall be inserted the Schedule set out in Schedule 2 to these Regulations.

Consequential Amendments

5.  In Table I of Schedule 2, after item 68 there shall be inserted the following item—

“69
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
2J”

Signed by authority of the Secretary of State for Transport

Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th August 1995

Regulation 3(9)
SCHEDULE 1

TABLE II

(regulation 61(3A), (3C), (7), (11) and (12))

(1) Item
(2) Class of Vehicle
(3) Date of First Use
(4) Design, construction and equipment requirements
(5) Vehicles exempted from requirements
(6) Emitted substances

(a) Instrument
(b) 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.

Paragraphs 5, 8 and 11.

(a)A vehicle whose maximum gross weight exceeds 3,500 kg;

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

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

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.

2
All vehicles.
1st April 1991

Community Directive 83/351

or

ECE Regulation 15.04

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 12.

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

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

(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 50 km/h;

(f)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.

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 or 12.
Carbon monoxide, hydrocarbons and oxides of nitrogen.

4

Passenger vehicles which—

(a)
are constructed or adapted to carry not more than 5 passengers excluding the driver, and

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

1st April 1991

Community Directive 88/76

or

Community Directive 89/458

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle which complies with the requirements of item 2, 8, 11 or 12;

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

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.

5

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

(a)
are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg,

or

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

1st April 1992

1st April 1991

Community Directive 88/76

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(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 or 12;

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

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

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

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.

6
All vehicles propelled by compression ignition engines.
1st April 1991

Community Directive 88/77

or

ECE Regulation 49.01

Annex I, paragraphs 6, 7 and 8.

Paragraphs 5, 6 and 7.

(a)A vehicle whose maximum gross weight is less than 3,500 kg and which complies with the requirements of item 2;

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

(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.

Carbon monoxide, hydrocarbons and oxides of nitrogen.

7

Passenger vehicles which—

(a)
are constructed or adapted to carry not more than 5 passengers excluding the driver,

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

and

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

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 or 12;

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

(c)An off-road vehicle;

(d)An exempt vehicle.

Particulates.

8
All vehicles.
31st December 1992

Community Directive 91/441

or

ECE Regulation 83.01

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which—

(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 or 12;

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

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

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

9
All vehicles propelled by a compression ignition engine.
1st October 1993

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 10, 11 or 12;

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

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

10
All vehicles propelled by a compression ignition engine.
1st October 1996

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 11 or 12;

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

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

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 or 12;

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

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

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

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 the requirements of items 9, 10 or 11;

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

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

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.

Regulation 4
SCHEDULE 2

Regulation 61(10AA), (10AB) and (10BA)

“SCHEDULE 7BEMISSIONS 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 the 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” (ISBN 0-9526457-0-X) published by the Department of Transport.

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(5) as amended by Council Directive 88/449/EEC(6), Council Directive 91/225/EEC(7), Council Directive 91/328(8) and Council Directive 92/55(9).”

Explanatory Note

(This note is not part of the Regulations)
These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.
Regulation 61 of the 1986 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 1st January 1997 as set by Council Directive 94/12/EC;
(b)provision for other vehicles whenever first used to comply with those limits as an alternative to existing requirements.
Regulation 61(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 25th September 1995, a new regulation 61(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 61(10AA) is inserted with effect from 1st January 1996 and applies to various light vehicles with spark ignition engines. As from that date, regulation 61(10A) will not apply to vehicles to which the new Regulation 61(10AA) applies. However, it will be unlawful for a vehicle to which regulation 61(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 61(10AA) does not apply to any vehicle first used before 1st August 1992, to some vehicles first used before 1st August 1994 and to some vehicles |fi|rst used before 1st August 1996. For some vehicles application of the provision is deferred until 1st August 1997.
A new regulation 61(10BA) is inserted with effect from 25th September 1995 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. In the case of London taxis the regulation does not have effect until 1st April 1996.
The new regulation 61(10A), (10AA) and (10BA) as read with the Motor Vehicles (Tests) Regulations 1981 (S.I. 1981/1694 as amended) will give effect to Council Directive 92/55/EEC (OJ No. L225, 10.8.92, p. 68).
Compliance cost assessments have been prepared and copies can be obtained from the Department of Transport, Zone 2/04, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone 0171-271-4632). Copies have been placed in the libraries in each House of Parliament.
A copy of the publication referred to in Schedule 2 to these Regulations can be obtained free of charge from the Department of Transport, Vehicle Certification Agency, 1 Eastgate Office Centre, Eastgate Road, Bristol, BS5 6XX (telephone 01179-515151).
Copies of the EC Directives can be obtained from Her Majesty’s Stationary Office. The details of the Directives are set out in the Table below.


Principal Instrument
Amending Instruments

Council Directive 70/220/EEC (OJ No. L76, 6.4.70, p. 1) (SE 1970(I), p. 171).
Council Directive 74/290/EEC (OJ No. L159, 15.6.74, p. 61); Commission Directive 77/102/EEC (OJ No. L32, 3.2.77, p. 32); Commission Directive 78/665/EEC (OJ No. L223, 14.8.78, p. 48); Council Directive 83/351/EEC (OJ No. L197, 20.7.83, p. 1); Council Directive 88/76/EEC (OJ No. L36, 9.2.88, p. 1); Council Directive 88/436/EEC (OJ No. L214, 6.8.88, p. 1 to which there is a corrigendum in OJ No. L303, 8.11.88, p. 36); Council Directive 89/458/EEC (OJ No. L226, 3.8.89, p. 1); Council Directive 91/441/EEC (OJ No. L242, 30.8.91, p.1); Council Directive 93/59/EEC (OJ No. L186, 28.7.93, p. 21); and Council Directive 94/12/EC (OJ No. L100, 19.4.94, p. 42).

Council Directive 77/143/EEC (OJ No. L47, 18.2.77, p. 47)
Council Directive 88/449/EEC (OJ No. L222, 12.8.88, p. 10); Council Directive 91/225/EEC (OJ No. L103, 23.4.91, p.3); Council Directive 91/328/EEC (OJ No. L178, 6.7.91, p. 29); and Council Directive 92/55/EEC (OJ No. L225, 10.8.92, p.68).



(1)
1988 c. 52; section 41 was amended by the Road Traffic Act 1991 (c. 40), para. 50 of Schedule 4 and Schedule 8.

(2)
S.I. 1986/1078; relevant amending instruments are S.I. 1988/1524, 1990/1131, 1991/1526, 1992/2137 and 3285 and 1993/2199.

(3)
S.I. 1981/1694; relevant amending instruments are S.I. 1982/814, 1984/1126, 1988/1894 and 1991/253.

(4)
1869 c. 115.

(5)
OJ No L47, 18.2.77, p. 47.

(6)
OJ No L222, 12.8.88, p. 10.

(7)
OJ No L103, 23.4.91, p. 3.

(8)
OJ No L178, 6.7.91, p. 29.

(9)
OJ No L225, 10.8.92, p. 68.
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