S.I. No. 194/1994 - European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1994.

S.I. No. 194 of 1994.

EUROPEAN COMMUNITIES (MECHANICALLY PROPELLED VEHICLE EMISSION CONTROL) REGULATIONS, 1994.

In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972) which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), and for the purpose of giving effect to the provisions of Council Directive 93/59/EEC¹ of 28 June, 1993 and Council Directive 93/81/EEC² of 9 September, 1993, insofar as they relate to air pollution emission controls on mechanically propelled vehicles, I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:

¹O.J. No. L. 186 of 28.07.1993.

²O.J. No. L. 264 of 23.10.1993.

1. These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1994.

2. (1) In these Regulations:—

"certificate of conformity" has the meaning assigned to it by article 1 of the European Communities (Motor Vehicle Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 );

"design gross vehicle weight" of a vehicle means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle, and shall, until the contrary is shown, be taken to be—

(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

(ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

"first licence" means the first licence issued for a new vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

"licensing authority" means the council of a county or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

"mechanically propelled vehicle" means any vehicle (with or without bodywork) having a positive ignition engine or a compression ignition engine and at least four wheels, and which is intended for use on the road and has a maximum design gross vehicle weight of at least 400 kilogrammes and a maximum design speed equal to or greater than 50 kilometres per hour; with the exception of agricultural tractors and machinery and public works vehicles;

"the Minister" means the Minister for the Environment;

"vehicles of the category M₁" means mechanically propelled vehicles used for the carriage of passengers and comprising not more than eight seats excluding the driver's seat;

"vehicles of the category M₂" means mechanically propelled vehicles used for the carriage of passengers and comprising more than eight seats excluding the driver's seat, and having a maximum design gross vehicle weight not exceeding 5 tonnes;

"vehicles of the category N₁" means mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum design gross vehicle weight not exceeding 3.5 tonnes;

"vehicles of the category N₂" means mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum design gross vehicle weight exceeding 3.5 tonnes but not exceeding 12 tonnes.

(2) In these Regulations—

( a ) any reference to an article which is not otherwise identified is a reference to an article of these Regulations,

( b ) any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the provision in which the reference occurs,

( c ) a word or phrase to which a meaning has been assigned by Directive 93/59/EEC, or Directive 93/81/EEC, has that meaning except where defined in sub-article (1) or where otherwise indicated.

3. Subject to article 4, a licensing authority shall not grant an application for a first licence on or after the 1st day of October, 1994 for a mechanically propelled vehicle which is—

( a ) equipped with a positive ignition engine, or

( b ) in the category M₁ or N¹ equipped with a compression ignition engine with the exception of such a vehicle in the category N₁ for which type approval has been granted pursuant to Council Directive 91/542/EEC³, or

³O.J. No. L. 295/1 of 25.10.1991.

( c ) in the category M₂ or N₂ equipped with a compression ignition engine and to which type approval is extended pursuant to Council Directive 93/59/EEC,

unless the said application includes a declaration made by the manufacturer of the said vehicle or by his authorised representative that a certificate of conformity with the provisions of Directive 93/59/EEC has been issued in respect of the vehicle.

4. (1) Notwithstanding article 3 (1), a licensing authority shall, until the 30th day of September, 1995, issue the first licence in respect of a mechanically propelled vehicle, other than one in the category M₁comprising not more than six seats including the driver's seat or having a maximum design gross vehicle weight not exceeding two thousand five hundred kilograms, for which a certificate of conformity in accordance with the provision of Directive 93/59/EEC has not been granted provided that the application for the licence is accompanied by an authorisation pursuant to sub-article (2).

(2) The Minister may, subject to sub-article (4), grant an authorisation exempting a new mechanically propelled vehicle from the requirements of article 3 where the vehicle was in the territory of the European Community on the 30th day of September, 1994 and a valid certificate of conformity had been issued, and where—

( a ) an application is made in writing to the Minister by the manufacturer of the vehicle or by a representative nominated by him for this purpose,

( b ) the said application includes—

(i) details of the type of vehicle to which the application relates,

(ii) the engine number and chassis number of each vehicle for which an authorisation is sought,

(iii) the number of vehicle of that type for which a first licence was granted in the period from the first day of October, 1993 until the 30th day of September, 1994,

(iv) any other information which the Minister may require to be submitted in order to consider the application, and

(v) a copy of the exemption granted by a competent authority (in accordance with article 8 of Directive 93/81/EEC) which approved the corresponding type of vehicle, which copy has been certified in writing as a true copy by the manufacturer or his representative making the application.

(3) The Minister may dispense with the requirement of sub-article (2) (v) where it appears to him that special difficulty is or would be involved for the applicant to comply with the requirement.

(4) The total number of authorisations for vehicles of any specific type shall not exceed ten per cent of the number of vehicles of that type for which first licences were issued in the period from the 1st day of October, 1993 to the 30th day of September, 1994.

5. (1) At the time that an application is made for the first licence for a mechanically propelled vehicle pursuant to these Regulations or at any time thereafter, the licensing authority may require the manufacturer of the said mechanically propelled vehicle, his authorised representative or the applicant for the said licence to furnish to it the appropriate certificate of conformity in respect of the said vehicle.

(2) The requirement referred to in sub-article (1) shall be in writing and shall be complied with not later than one month from the day on which it was issued.

6. A licensing authority shall not grant a first licence for a mechanically propelled vehicle to which these Regulations apply where it has reason to believe that the application or any of the accompanying documentation contains information which is false.

7. (1) It shall be an offence to provide false information or make a false declaration in connection with an application for a licence under these Regulations or to fail to comply with a request pursuant to article 5 within the specified period.

(2) A person convicted of an offence under sub-article (1) shall be liable on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment.

8. The European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1992 ( S.I. No. 363 of 1992 ) are hereby revoked with effect from the 1st day of October, 1994.

DATED this 6th day of July, 1994.

JOHN BROWNE,

Minister of State at the Department of

the Environment.

EXPLANATORY NOTE.

These Regulations prohibit the issue of first licences for certain new vehicles from 1 October, 1994 unless the vehicles conform to the air pollutant emission control requirements of Directive 91/441/EEC as amended by Directive 93/59/EEC. Exceptions are made, in accordance with Directive 93/81/EEC, for end of series vehicles for a limited period subject to specified conditions.