OpenLegislation

Regulation 4 ExclusionsI1

United Kingdom

(1)

The design and construction requirements set out in Part A of Schedule 1 do not apply to the following watercraft—

(a)

watercraft intended solely for racing, including rowing racing boats and training boats, labelled as such by the manufacturer;

(b)

canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;

(c)

surfboards designed to be propelled by wind and to be operated by a person or persons standing;

(d)

other surfboards;

(e)

original historical watercraft and individual replicas thereof designed before 1950 built predominantly with the original materials and labelled as such by the manufacturer;

(f)

experimental watercraft, unless they are placed on the market;

(g)

watercraft built for own use, provided that such watercraft are not subsequently placed on the F1EU market for a period of five years beginning with the date on which the watercraft was put into service;

(h)

watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2), regardless of the number of passengers;

(i)

submersibles;

(j)

air cushion vehicles;

(k)

hydrofoils;

(l)

external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;

(m)

amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land.

(2)

The exhaust emission requirements set out in Part B of Schedule 1 do not apply to the following—

(a)

propulsion engines installed or specifically intended for installation in the following products—

(i)

watercraft intended solely for racing and labelled as such by the manufacturer;

(ii)

experimental watercraft, unless they are placed on the market;

(iii)

watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2) regardless of the number of passengers;

(iv)

submersibles;

(v)

air cushion vehicles;

(vi)

hydrofoils;

(vii)

amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate on water and on solid land;

(b)

original historical propulsion engines and individual replicas thereof, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in paragraph 4(1)(e) or paragraph 4(1)(h) above;

(c)

propulsion engines built for own use provided that such engines are not subsequently placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

(3)

The noise emission requirements referred to in Part C of Schedule 1 do not apply to—

(a)

any watercraft referred to in paragraph (2); and

(b)

watercraft built for own use, provided that they are not placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

Annotations

Textual amendments

F1

Word in reg. 4(1)(g) omitted (E.W.S) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 4 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(3)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 4 in force at 3.8.2017, see reg. 1