European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations, 2003

• Jurisdiction: Ireland
• Year: 2003
• Citation: IR SI 551/2003

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/40/EC of the European Parliament and of the Council of 26 June 20001 , Directive 2001/43/EC of the European Parliament and of the Council of 27 June 20012 , Directive 2001/100/EC of the European Parliament and of the Council of 7 December 20013 , and Commission Directive 2002/80/EC of 3 October 20024 , in so far as they relate to the entry into service of motor vehicles, hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2003. 2. (1) In these Regulations -

“authorised person” means a person authorised by the Minister under Regulation 10 or an officer of the Revenue Commissioners authorised under section 159 of the Finance Act 1997 ;

“category M2” has the meaning assigned to it in paragraph 1 of Annex II A to the Commission Directive;

“category M3” has the meaning assigned to it in paragraph 1 of Annex II A to the Commission Directive;

“category N1” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“category N2” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“category N3” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“certificate of conformity” means the certificate for a vehicle issued by a manufacturer or distributor under Regulation 4 in the form set out in Schedule 3;

“Commission Directive” means Commission Directive 2001/116/EC of 20 December 20015 ;

“Council Directive” means Council Directive 70/156/EEC of 6 February 19706 as amended by Council Directive 78/315/EEC of 21 December 19787 , Council Directive 78/547/EC of 12 June 19788 , Council Directive 80/1267/EEC of 16 December 19809 and Council Directive 87/358/EEC of 25 June 198710 ;

“distributor” has the meaning assigned to it by Regulation 4 of the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );

“end-of-series vehicle” means a new vehicle the subject of an application under Regulation 8 for which a type-approval certificate was issued in respect of a matter specified in column (2) of Schedule 1 or Schedule 2, as the case may be, for the vehicle type to which the vehicle purports to conform but subsequently ceases to be in force due to the coming into force of legislation transposing a new Directive in respect of that matter;

“mechanically propelled vehicle” means a vehicle (with or without bodywork propelled either by a positive ignition engine or a compression ignition engine having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, and which is intended for use on the road;

“Minister” means the Minister for Transport;

“new vehicle” means a mechanically propelled vehicle of category M2, M3, N1, N2 or N3 which is less than 3 months old when reckoned from its first entry into service or which has travelled less than 3,000 kilometres; or which has not been previously registered;

“registration” means registration of a vehicle under section 130 of the Finance Act 1992 (No. 9 of 1992);

“short form of the certificate of conformity” means that part of the declaration for registration of a new vehicle, in the form specified, from time to time, by the Revenue Commissioners, which contains the particulars of the vehicle and the reference number of each Directive for all relevant matters specified in column (2) of Schedule 1 or Schedule 2, as the case may be, for which the manufacturer or distributor has issued certificates of conformity in respect of the vehicle and includes the reference number “gv/2003/VTA”;

“type-approval certificate” means the certificate for a vehicle type in accordance with Article 4 of the Council Directive in the form set out in Annex II to the Council Directive.

(2) In these Regulations -

(a) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended,

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive. 3. These Regulations apply to new vehicles in categories M2, M3, N1, N2 and N3 of which at least 500 units will be manufactured, other than such vehicles which are intended for use by the Defence Forces, civil defence, fire services or the Garda Síochána. 4. (1) Subject to paragraph (2), the manufacturer or distributor of a new vehicle for which a declaration for registration is to be made to the Revenue Commissioners shall -

(a) complete a certificate of conformity where the vehicle is fitted with a —

(i) positive ignition engine, in respect of each matter specified in column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 1, opposite that reference number, or

(ii) compression ignition engine, in respect of each matter specified in either —

(I) column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 1, opposite that reference number, or

(II) column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 2, opposite that reference number,

by reference to the Directive in respect of which a type-approval certificate for the time being in force is held for the vehicle type to which the vehicle purports to conform,

and retain the certificate,

and

(b) complete a short form of the certificate of conformity and issue it to the owner of the vehicle.

(2) A certificate of conformity shall not be required in respect of the matter specified in column (2) for the Directive specified in column (3) opposite reference number 4 mentioned in column (1) of either Schedule 1 or 2 for the registration of a vehicle of category M2, M3 or N1. 5. A certificate of conformity shall be printed on paper protected either by coloured graphics or watermarked with the vehicle manufacturer's identification mark. 6 (1) A certificate of conformity shall not be issued for a vehicle in respect of a Directive specified in column (3) of either Schedule 1 or 2 at any reference number unless the manufacturer or distributor of the vehicle in question holds a type approval certificate for the time being in force for the Directive concerned at the date of issue of the certificate of conformity.

(2) Subject to paragraph (3), a type approval certificate for a Directive specified in

column (3) of either Schedule 1 or 2 at any reference number shall be force from the making of these Regulations.

(3) Where a date is specified in column (4) of either Schedule 1 or 2 at any reference number for a Directive specified in column (3), that date shall be the date from which a type approval certificate in respect of that particular Directive shall be in force. 7. A short form of the certificate of conformity shall not be issued by a manufacturer or distributor in respect of a new vehicle unless the requirements of Regulation 6 have been complied with. 8. (1) Notwithstanding Regulation 6, the Minister may, upon the application of a manufacturer or distributor in respect of an end-of-series vehicle in accordance with Regulation 9, grant an exemption whereby a certificate of conformity issued for the vehicle is acceptable for the purpose of making a declaration for registration for a period of 12 months from the date the certificate ceases to be in force by reference to Schedule 1 or 2.

(2) Subject to paragraph (3), the maximum number of vehicles for which the Minister may grant exemptions under paragraph (1) shall be either -

(a) the number of vehicles equivalent to 30 per cent of the vehicles of all types concerned which were registered by the Revenue Commissioners in the 12 month period preceding the day the type-approval certificate in respect of a matter specified in column (2) at a reference number mentioned in column (1 for a Directive specified in column...