The Measuring Instruments (Taximeters) Regulations 2006
| Year | 2006 |
2006 No. 2304
weights and measures
The Measuring Instruments (Taximeters) Regulations 2006
Made 24th August 2006
Laid before Parliament 29th August 2006
The Secretary of State makes the following Regulations in exercise of the powers by section 2(2) of the European Communities Act 19721.
He is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to, and for purposes ancillary to, the regulation of specifications, construction, placing on the market and use of articles, instruments, containers or other equipment intended for weighing, measuring or testing2.
PART 1
PRELIMINARY
Citation and commencement
1.—(1) These Regulations may be cited as the Measuring Instruments (Taximeters) Regulations 2006.
(2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 29th September 2006.
(3) The remaining regulations shall come into force on 30th October 2006.
Interpretation
2.—(1) In these Regulations—
“authorised representative” means a person who is established in a member State and is authorised by a manufacturer, in writing, to act on his behalf;
“CE marking” means the CE marking referred to in regulation 12;
“the Commission” means the European Commission;
“compliance notice” means a notice served in accordance with regulation 15(2);
“conformity assessment procedure” means any procedure referred to in regulation 6;
“the Directive” means Directive 2004/22/ECof the European Parliament and of the Council of 31st March 2004 on measuring instruments3;
“enforcement authority” means any person who is, pursuant to regulation 14, authorised to enforce these Regulations;
“enforcement notice” means a notice served in accordance with regulation 16(2);
“enforcement officer” means a person appointed by the Secretary of State to act on his behalf to enforce Part 2 of these Regulations;
“essential requirements” means the requirements set out in Schedule 1;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI) or jointly by two or all of these organisations, at the request of the Commission pursuant to Directive 98/34/ECof the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services4, as amended by Directive 98/48/EC5, and prepared in accordance with the General Guidelines agreed between the Commission and one or more of CEN, CENELEC and ETSI;
“in writing” includes text that is—
(a) transmitted by electronic means;
(b) received in legible form; and
(c) capable of being used for subsequent reference;
“M marking” means the M marking referred to in regulation 12;
“manufacturer” means a person responsible for the conformity of a taximeter with these Regulations with a view to either placing it on the market under his own name or putting it into use for his own purposes, or both;
“maximum permissible error” means, in the case of a taximeter, when it is placed on the market or put into use, the limit of error determined in accordance with paragraph 17 of Schedule 1;
“normative document” means a document containing technical specifications adopted by the Organisation International de Métrologie Légale, subject to the procedure stipulated in Article 16.1, the reference of which is published by the Commission in the Official Journal of the European Union pursuant to Article 16.1(b);
“notified body” means—
(a) the Secretary of State; or
(b) a United Kingdom notified body; and
(c) for the purposes of regulations 4(1)(c), 16(1)(b) and 18(6), a person designated by another member State,
who has been notified to the Commission and the other member States pursuant to Article 11.1;
“notified body criteria” means the criteria set out in Part 1 of Schedule 2;
“place on the market” means making available for the first time in a member State a taximeter intended for an end user, whether for reward or free of charge;
“put into use” means the first use of a taximeter intended for the end user for the purposes for which it was intended;
“relevant national standard” means a standard applicable to a taximeter—
(a) implementing a harmonised standard that has been published in the Official Journal of the European Union C series; and
(b) the reference of which is published—
(i) in the United Kingdom by the Secretary of State; or
(ii) in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.1;
“relevant normative document” means a normative document applicable to a taximeter, the reference of which is published—
(a) in the United Kingdom by the Secretary of State; or
(b) in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.2;
“taximeter” means a device that works together with a signal generator to make a measuring instrument; with the device measuring duration, calculating distance on the basis of a signal delivered by the distance signal generator; and calculating and displaying the fare to be paid for a trip on the basis of the calculated distance or the measured duration of the trip, or both; and
“United Kingdom notified body” means a person designated under regulation 7.
(2) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein6.
(3) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article of, or an Annex or a part of an Annex to, the Directive.
Application
3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to a taximeter which is—
(a)
(a) intended for use for the protection of consumers; and
(b)
(b) first placed on the market or put into use on or after 30th October 2006.
(2) These Regulations do not apply to a taximeter—
(a)
(a) in respect of which a certificate of approval has been granted before 30th October 2006 and is in force; and
(b)
(b) which is passed as fit for use for the protection of consumers and marked under the Metropolitan Conditions of Fitness7.
(3) These Regulations do not apply to a taximeter which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—
(a)
(a) is not compliant with those requirements; and
(b)
(b) cannot be acquired or used until it is made compliant with those requirements by the manufacturer.
PART 2
PLACING ON THE MARKET AND PUTTING INTO USE OF TAXIMETERS
Requirements for placing on the market and putting into use
4.—(1) No person shall place on the market or put into use a taximeter unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—
(a)
(a) the instrument is compliant with the essential requirements;
(b)
(b) the manufacturer has demonstrated its compliance with the essential requirements in accordance with regulation 5; and
(c)
(c) the instrument has affixed to it the CE marking, the M marking and the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument.
(2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any taximeter to which the offence relates shall be liable to be forfeited.
Compliance with the essential requirements
5.—(1) A manufacturer may demonstrate that a taximeter is compliant with the essential requirements by—
(a)
(a) using any technical solution that is compliant with the essential requirements;
(b)
(b) correctly applying solutions set out in the relevant national standard; or
(c)
(c) correctly applying solutions set out in the relevant normative document,
and selecting and following one of the conformity assessment procedures.
(2) A taximeter which is compliant with the relevant national standard or relevant normative document shall be presumed to be compliant with the essential requirements.
(3) Where the taximeter is compliant only in part with the relevant national standard or relevant normative document, it shall be presumed to be compliant only with that part of the essential requirements which corresponds to the element of the relevant national standard or relevant normative document with which the instrument is compliant.
(4) Where a taximeter includes or is connected to a device which is not used for the protection of consumers—
(a)
(a) that device shall not be subject to the essential requirements; and
(b)
(b) the instrument may be considered to be compliant with the essential requirements notwithstanding that the compliance of that device with the essential requirements has not been established.
Conformity assessment procedures
6.—(1) The conformity assessment procedures are the procedures as follows—
(a)
(a) B and F;
(b)
(b) B and D; and
(c)
(c) H1.
(2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 3.
(3) In this regulation—
(a)
(a) “B” means type examination, as set out in Annex B;
(b)
(b) “D” means declaration of conformity to type based on quality assurance of the production process, as set out in Annex D;
(c)
(c) “F” means declaration of conformity to type based on product verification, as set out in Annex F; and
(d)
(d) “H1” means declaration of...
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