Regulation 4 Substitution of regulation 5 (exceptions to regulation 4)

For regulation 5 there shall be substituted—

“Exceptions to regulation 4

5.

(1)

Regulation 4 shall not apply in relation to replacement brake linings for fitting, or fitted, to a relevant vehicle which was first used before 1st September 1999, if the replacement brake linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used.

(2)

Regulation 4 shall not apply in relation to replacement brake linings if—

(a)

the linings are intended for fitting, or fitted, on or after 1st August 2004 to a relevant vehicle falling within any of the following descriptions—

(i)

a vehicle for which there has been granted a certificate of conformity (as defined by section 57 of the Road Traffic Act 1988) or a Minister’s approval certificate (as defined by section 58 of that Act), under the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982^f1, the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984^f2 or the Motor Vehicles (Approval) Regulations 2001^f3;

(ii)

a vehicle for which there has been granted an equivalent approval in another member State;

(iii)

a vehicle in respect of which the design of the braking system has been modified to enhance the brake performance beyond that required to secure EC type approval; and

(b)

the linings are packaged in accordance with the requirements of paragraph (3).

(3)

The requirements are that—

(a)

the replacement brake linings are packaged in axle sets; and

(b)

the packaging—

(i)

is of such a nature that any opening or re-sealing of it will be apparent; and

(ii)

is marked with the words “The contents of this package are components for which approval cannot be obtained under Annex XV to Council Directive 71/320/EEC (as inserted by Commission Directive 98/12/EC) or UN ECE Regulation 90.01 as required by the Road Vehicles (Brake Linings Safety) Regulations 1999 (as amended)”.

(4)

Regulation 4 shall not apply in relation to replacement brake linings supplied by a vehicle manufacturer provided that the vehicle manufacturer complies with the requirements of points 2.3 to 2.3.4 in Annex 1 to the Braking Devices Directive^f4 in relation to a relevant vehicle which was first used on or after 1st September 1999.

(5)

This regulation is without prejudice to regulation 3.”