Explanatory note

These Regulations implement, for the purposes of the type approval of light passenger vehicles, three EC Directives: Directive 2005/55/EC, Directive 2005/78/EC^f1, and Directive 2006/51/EC^f2. These measures repeal and recast Directive 88/77/EEC^f3 and its amending Directives (on the emissions requirements for goods vehicles and passenger vehicles having a technically permissible maximum laden weight of more than 3.5 tonnes), and set out the implementation measures for the requirements concerning durability and on-board diagnostic systems.

To that end, these Regulations amend the Motor Vehicles (EC Type Approval) Regulations 1998 (“the principal Regulations”), which set out the procedure and technical requirements for the type approval of “light passenger vehicles”, as defined by the Road Traffic Act 1988^f4. Generally speaking, these are passenger vehicles with fewer than 8 seats not including the driver’s seat, regardless of their maximum laden weight.

Regulation 2 consolidates the previous amendments of the definition of “the Framework Directive” in regulation 3(1) of the principal Regulations. It also provides that the Framework Directive is to be construed in accordance with Article 10 of Directive 2005/55/EC; this means, in particular, that references in the Framework Directive to Directive 88/77/EEC are to be read as references to Directive 2005/55/EC.

The Table in Schedule 1 to the principal Regulations (“the Table”) lists separate Directives, which lay down technical requirements for vehicle components and features of construction. By replacing item 41 in the Table with an item listing Directives 2005/55/EC, 2005/78/EC and 2006/51/EC, regulation 3 requires a type of light passenger vehicle to comply with the requirements of these Directives in order to receive EC type approval.

In line with the principal Regulations, the use of the symbol † denotes that the Directive specified is a Directive of the European Parliament and of the Council, and the use of the symbol * denotes that the Directive is a Commission Directive.

A full Regulatory Impact Assessment of the effect that the implementation of Directives 2005/55/EC and 2005/78/EC will have on the costs of businesses has been prepared and is available from Gus Gander of the Vehicle Certification Agency of the Department for Transport, 1 Eastgate Office Centre, Eastgate Road, Bristol BS5 6XX (Tel: 01179 524119, e-mail: [email protected]), and from the Office of Public Sector Information website (www.opsi.gov.uk). A Regulatory Impact Assessment has not been produced in respect of the implementation of Directive 2006/51/EC as it has no impact on the costs or savings of business, charities, the voluntary sector or public sector. A Transposition Note has been prepared, and is available from the same sources as the regulatory impact assessment.