Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) (“the 1986 Regulations”) and revoke the Road Vehicles (Construction and Use) (Amendment) Regulations 2011 (S.I.2011/427). The revoked instrument inserted regulation 61C into the 1986 Regulations and regulation 4 now substitutes an amended version of regulation 61C.
The original regulation 61C provided exemptions from the emissions requirements in EC Regulations 715/2007 (OJ No L 171, 29.6.2007, p.1) (“the 2007 Regulation”) and 595/2009 (OJ No L 188, 18.7.2009, p.1) (“the 2009 Regulation”) for certain end-of series vehicles. The effect of this instrument is to make these exemptions available to certain additional categories of light goods vehicles. The instrument does this by deeming those end-of-series vehicles to fulfil new EU emission standards for a finite period. The exemptions are permitted by article 27 of Directive 2007/46/EC (OJ No L 263, 9.10.2007, p.1) (commonly known as the “Framework Directive”) and have the effect of extending the time for compliance with those emissions requirements.
Regulation 4 substitutes a revised regulation 61C into the 1986 Regulations.
New regulation 61C(1) has the effect of providing end-of-series exemptions from various requirements of the 2007 Regulation. For complete vehicles of categories N1 class II and III, as well as N2 with a reference mass of up to 2,610 kg, the exemption will apply until 31st December 2012. This lighter category of N2 vehicles was previously erroneously omitted from the ambit of the 2007 Regulation and the earlier version of regulation 61C(1).
The new version of regulation 61C(1) also provides extended exemptions for completed multi-stage vehicles until 30th June 2012 for category N1 class I, and until 30th June 2013 for such vehicles of category N1 class II and III, as well as category N2 of less than 2,610 kg.
New regulation 61C(2) has the effect of providing for end-of-series exemptions from various requirements of the 2009 Regulation. For complete vehicles the exemptions in relation to category N2 vehicles with a mass of over 2,160 kg and for category N3 vehicles apply until 30th December 2014.
In relation to completed multi-stage build vehicles of both categories, new regulation 61C(2) also has the effect of providing an extended exemption until 29th June 2015.
New regulation 61C(3) substitutes a revised definition of “end-of-series vehicle”.
Regulation 5 inserts a requirement into the 1986 Regulations (new regulation 61D) for the Secretary of State to review the operation and effect of Regulations 61 to 61B (which relate to emissions), and publish a report within five years of 14th January 2012, and within every five years thereafter. Following each review, the Secretary of State will decide whether those provisions of the 1986 Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or amend those provisions of the 1986 Regulations.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the International Vehicle Standards 1 team at the Department for Transport, 33 Horseferry Road, London, SW1P 4DR and is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.