Regulation 7 Amendment of regulations

After paragraph 4 there shall be inserted—

“4A.

This paragraph applies to an eligible vehicle which—

(a)

is registered before 1st October 2009; and

(b)

complies with the requirements of paragraph 4B as a result of—

(i)

its design, construction or equipment as manufactured; or

(ii)

an adaptation made to the vehicle after 30^th September 2006 which—

(aa)

affects the durability or in-service conformity of the engine control system,

(bb)

affects or introduces an on-board diagnostic system,

(cc)

affects or introduces a sensor for the detection of oxides of nitrogen, or

(dd)

otherwise concerns the system for controlling or managing the emissions of the vehicle.

4B.

The requirements of this paragraph, in relation to an eligible vehicle, are that—

(a)

the vehicle complies with the limit values in section 6.2.1 of Annex I to Directive 2005/55/EC in accordance with that Directive and as set out—

(i)

in the case of a vehicle propelled by a diesel engine, in row B2 of table 1 and row B2 of table 2 of the Directive; and

(ii)

in the case of a vehicle propelled by a gas engine, in row B2 of table 2 of the Directive;

(b)

an on-board diagnostic system as described in Article 4(2) of Directive 2005/55/EC is fitted to the vehicle in accordance with the requirements of Annex IV to Directive 2005/78/EC; and

(c)

the vehicle meets the requirements of section 6.5 of Annex 1 to Directive 2005/55/EC.”.