1995 No. 2210
The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995
The Secretary of State, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988and 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:—
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Commencement and citationCommencement 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 1986shall be further amended in accordance with the following provisions of these Regulations.
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Amendments to Regulation 61 (emission of smoke, vapour, gases, oily substances, etc)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.
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.”.
(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.
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New Schedule 7B (Emission requirements relating to certain motor vehicles)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.
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Consequential AmendmentsConsequential 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” |
SCHEDULE 1
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...
|
