Motor Vehicles (Type Approval) (Amendment) Regulations (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/156/made/data.htm?wrap=true
Published: 1996-04-04

Statutory Rules of Northern Ireland
1996 No. 156

ROAD TRAFFIC AND VEHICLES
Motor Vehicles (Type Approval) (Amendment) Regulations (Northern Ireland) 1996

Made
4th April 1996

Coming into operation
20th May 1996

The Department of the Environment, in exercise of the powers conferred on it by Articles 31A(1), 31D(1), 31E(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(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 (Type Approval) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 20th May 1996.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985(2).

Amendments to regulation 4 (type approval requirements — application)

2.  Regulation 4 of the principal Regulations shall be amended as follows—

(1) For paragraph (1A)(3), there shall be substituted the following paragraph—

“(1A) In relation to a particular vehicle—

(a)a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is registered; and

(b)a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured;

but nothing in this paragraph affects the operation of sub-paragraph (a) or (b) of paragraph (1) in so far as it relates to requirements with respect to exhaust emissions from any vehicle (other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas), or to noise emissions from any vehicle.”.

(2) In paragraph (2), for the words “If a vehicle or a vehicle part” there shall be substituted the words “Save as provided in paragraph (2A), if a vehicle or vehicle part”.

(3) After paragraph (2) there shall be inserted the following paragraph—

“(2A) The provisions of paragraph (2) do not apply in respect of item 14H in Part I of Schedule 1.”

(4) For paragraph (3A)(4), there shall be substituted the following paragraph—

“(3A) The provisions of paragraph (3) do not apply in respect of items 4C, 4D, 4E, 4F, 4G, 4K, 14E and 14F in Schedule 1.”.

(5) For paragraph (11)(5) there shall be substituted the following paragraph—

“(11) Schedule 1B shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in columns (5) and (6) of items 4C, 4D, 4E, 4F, 4G, 4K, 14E, 14F and 27 and column (6) of items 25 and 26 in Schedule 1.”.

Amendments to Part I of Schedule 1 to the principal Regulations

3.  Part I of Schedule 1(6) to the principal Regulations shall be amended as follows—

(1) In item 4K(7), in column (6), there shall be inserted “See regulation 4(11) and Schedule 1B” opposite “1.4.1995” in column (5).

(2) After item 4K there shall be inserted item 4L set out in Schedule 1.

(3) In item 14E(8), in column (6), there shall be inserted “See regulation 4(11) and Schedule 1B” opposite “16.11.1987” and opposite “1.4.1995” in column (5).

(4) In item 14F(9), in column (6), there shall be inserted “See regulation 4(11) and Schedule 1B” opposite “1.4.1995” in column (5).

(5) After item 14G(f) there shall be inserted item 14H set out in Schedule 2.

Amendments to Schedule 1B to the principal Regulations

4.  Schedule 1B(10) to the principal Regulations shall be amended as follows—

(1) In Part I for paragraph 2(11) there shall be substituted the following paragraph—

“2.  In relation to the vehicles described in column (2) of the Table in Part II the date determined in accordance with paragraphs 3 and 4 shall be the date specified for the purposes of column (5) in items 4C, 4D, 4E, 4F, 4G, 4K, 14E, 14F, 25, 26 and 27 in Schedule 1.”.

(2) In Part II(12), after the entry relating to item 4G(13), there shall be inserted the following entries—

“4K
All vehicles
1.4.95
1.4.95
19.5.96
31.12.96

14E
All vehicles
16.11.87
16.11.87
19.5.96
30.9.96

14F
All vehicles
1.4.95
1.4.95
19.5.96
30.9.96 .”

Sealed with the Official Seal of the Department of the Environment on .

L.S.
Trevor Pearson
Assistant Secretary
4th April 1996

Regulation 3(2)
SCHEDULE 1

(1) Item No.

(2) Subject matter

(3) Particulars of instrument or other document containing requirements and of the nature of the requirement

(a) Description, reference number and date of instrument
(b) Official Journal reference of Community Instrument
(c) Nature of requirement and place in instrument where stated

(4) Vehicles exempted from requirements

(5) Date of application

(6) Date of cessation of application

4L
Exhaust emissions
Council Directive 70/220/EEC of 20th March 1970 as amended by Council Directive 74/290/EEC of 28th May 1974, Commission Directives 77/102/EEC of 30th November 1976, 78/665/EEC of 14th July 1978, Council Directives 83/351/EEC of 16th June 1983, 88/76/EEC of 3rd December 1987, 88/436/EEC of 16th June 1988 and 89/458/EEC of 3rd August 1989, Commission Directive 89/491/EEC of 17th July 1989, and Council Directives 91/441/EEC of 26th June 1991, 93/59/EEC of 28th June 1993 and Directive 94/12/EC of the European Parliament and the Council, dated 23rd March 1994
L76, 6.4.70, p. 1 (SE 1970 (I) p. 171), L159, 15.6.74, p. 61, L32, 3.2.77, p. 32, L223, 14.8.78, p. 48, L197, 20.7.83, p. 1, L36, 9.2.88, p. 1, L214, 6.8.88, p. 1, L226, 3.8.89, p. 1, L238, 15.8.89, p. 43, L242, 30.8.91, p. 1, L186, 28.7.93, p. 21 and L100, 19.4.94, p. 42.
Design, construction and equipment requirements in Annex I, paragraphs 5 and 6

1.  Vehicles propelled by compression ignition engines and whose maximum gross weight exceeds 3500 kg.

2.  Vehicles with less than 4 wheels

3.  Vehicles fuelled by liquid petroleum gas.

20.5.1996

Regulation 3(5)
SCHEDULE 2

(1) Item No.

(2) Subject matter

(3) Particulars of instrument or other document containing requirements and of the nature of the requirement

(a) Description, reference number and date of instrument
(b) Official Journal reference of Community Instrument
(c) Nature of requirement and place in instrument where stated

(4) Vehicles exempted from requirements

(5) Date of application

(6) Date of cessation of application

14H
Noise and silencers
Council Directive 70/157/EEC of 6th February 1970 as amended by Commission Directive 73/350/EEC of 7th November 1973, Council Directive 77/212/EEC of 8th March 1977, Commission Directives 81/334/EEC of 13th April 1981, and 84/372/EEC of 3rd July 1984, Council Directive 84/424/EEC of 3rd September 1984, Commission Directive 89/491/EEC of 17th July 1989 and Council Directive 92/97/EEC of 10th November 1992.
L42, 23.2.70, p. 16, (SE 1970(I), p. 111), L321, 22.11.73, p. 33, L66, 12.3.77, p. 33, L131, 18.5.81, p. 6, L196, 26.7.84 p. 31, L238, 6.9.84, p. 47, L238, 15.8.89, p. 43 and L371, 19.12.92, p. 1.
Design, construction and equipment requirements in Annex I, paragraph 5 (except paragraph 5.3). Marking requirements in Annex I, paragraph 3.
Vehicles other than low volume type approval vehicles.
20.5.1996

Explanatory Note

(This note is not part of the Regulations.)
These Regulations further amend the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985 (“the 1985 Regulations”).
Regulation 4 of the 1985 Regulations is amended so that from 20th May 1996 the type approval requirements relating to noise emissions then in force shall apply to a vehicle regardless of the date of manufacture.
The type approval requirements relating to exhaust emissions are revised so as to—
(a)introduce the requirements of Directive 94/12/EC (O.J. No. L100, 19.4.94, p. 42) as a new alternative; and
(b)provide for the standard to become mandatory by removing the option of complying with Council Directive 93/59/EEC (O.J. No. L186, 28.7.93, p. 21) or ECE Regulation 83, as amended, from 20th May 1996 for new vehicle types and from 1st January 1997 for existing types.
The type approval requirements relating to noise are revised so as to provide for the requirements of Council Directive 92/97/EEC (O.J. No. L371, 19.12.92, p. 1) to become mandatory by removing the option of complying with Council Directives 84/424/EEC (O.J. No. L238, 6.9.84, p. 47), or ECE Regulation 51 as amended, from 20th May 1996 for new vehicle types and from 1st October 1996 for existing types.
A relaxation of the requirements of Council Directive 92/97/EEC with regard to exhaust systems containing fibrous materials is introduced as an option for low volume type approval vehicles.


(1)
S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department”; Articles 31A, 31D and 31E were inserted by S.I. 1985/755 (N.I. 6), Article 3; Articles 31A, 31D and 31E were amended by S.R. 1993 No. 246, regulations 4, 5 and 6 respectively

(2)
S.R. 1985 No. 294; relevant amending Regulations are S.R. 1987 No. 389, S.R. 1990 No. 84, S.R. 1992 No. 508 and S.R. 1995 No. 38

(3)
Paragraph (1A) was inserted by S.R. 1992 No. 508, reg. 2(2)(b) and amended by S.R. 1995 No. 38, reg. 4(2)

(4)
Paragraph (3A) was inserted by S.R. 1992 No. 508, reg. 2(2)(d) and amended by S.R. 1995 No. 38, reg. 4(3)

(5)
Paragraph (11) was inserted by S.R. 1990 No. 84, reg. 2(1) and amended by S.R. 1992 No. 508, reg. 2(2)(f) and S.R. 1995 No. 38, reg. 4(5)

(6)
Part I was inserted by S.R. 1995 No. 38, reg. 6(1)

(7)
Item 4K was inserted by S.R. 1995 No. 38, reg. 6(2) and Schedule 1

(8)
Item 14E was inserted by S.R. 1987 No. 389, reg. 2(4)(l)(ii) and Schedule and substituted by S.R. 1995 No. 38, reg. 6(2) and Schedule 1

(9)
Items 14F and 14G were inserted by S.R. 1995 No. 38, reg. 6(2) and Schedule 1

(10)
Schedule 1B was inserted by S.R. 1990 No. 84, reg. 2(4) and amended by S.R. 1992 No. 508, reg. 2(4) to (6) and Schedules 2 and 3 and by S.R. 1995 No. 38, reg. 8 and Schedule 3

(11)
Paragraph 2 was amended by S.R. 1992 No. 508, reg. 2(4)(b) and S.R. 1995 No. 38, reg. 8(1)(b)

(12)
Part II was substituted by S.R. 1992 No. 508, reg. 2(5) and Schedule 2 and amended by S.R. 1995 No. 38, reg. 8(2)

(13)
Item 4G was inserted by S.R. 1995 No. 38, reg. 8(2)
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