European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 374/2001
• Year: 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 (No. 27 of 1972) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to Council Directive 1999/96/EC1 , Commission Directive 1999/101/EC2 , Commission Directive 1999/102/EC3 , Commission Directive 2001/1/EC4 and Commission Directive 2001/27/EC5 as they relate to the entry into service of mechanically propelled vehicles, I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations, 2001.

(2) These Regulations shall come into effect on the 1st. day of October 2001.

(3) The European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations, 2000. ( S.I. NO. 444 of 2000 ) shall cease to have effect on the coming into effect of these Regulations.

2. (1) In these Regulations:-

“authorised person” means a person authorised by the Minister to request the production of a separate certificate of conformity, or an officer of the Revenue Commissioners authorised under section 159 of the Finance Act, 1997 ;

“category M2” means a category of mechanically propelled vehicles used for the carriage of passengers and comprising more than eight seats excluding the driver's seat, and having a maximum weight not exceeding 5 tonnes;

“category M3” means a category of mechanically propelled vehicles used for the carriage of passengers comprising more than eight seats excluding the driver's seat, and having a maximum weight exceeding 5 tonnes;

“category N1” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight not exceeding 3.5 tonnes;

“category N2” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight exceeding 3.5 tonnes but not exceeding 12 tonnes;

“category N3” means a category of mechanically propelled vehicles used for the carriage of goods or burden of other description and having a maximum weight exceeding 12 tonnes;

“category S” means a category of special purpose vehicles as defined in Annex II.A.5 of Council Directive 70/156/EEC2 as amended by Council Directive 98/14/EC3 and which together with ambulances, armoured vehicles, motor caravans and hearses, includes vehicles specially modified to accommodate at least one person in a wheelchair;

“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 vehicle which is accompanied by at least one separate certificate of conformity in respect of a Directive for which the certificate is no longer valid by reason of an amendment to that Directive;

“mechanically propelled vehicle” means a vehicle (with or without bodywork) propelled by either 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 the Environment and Local Government.

“maximum weight” of a vehicle means the weight executed by the technically permissible maximum laden mass as declared by the vehicle manufacturer.

“new vehicle” means a mechanically propelled vehicle 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;

“separate certificate of conformity” means a certificate which has been completed in accordance with article 5;

“short form of the certificate of conformity” means that part of the declaration for registration of a new mechanically propelled vehicle, in the form prescribed from time to time by the Revenue Commissioners and which includes the reference number “gv/2001/VTA”;

“tonne” is the weight executed by a mass of 1,000kg.

(2) In these Regulations -

(a) any reference to an article or a schedule which is not otherwise identified is a reference to an article or a schedule of these Regulations.

(b) any reference to a sub-article which is not otherwise identified is a reference to a sub-article of the provision in which the reference occurs.

(c) except for a word or phrase defined in sub-section (1), or where otherwise indicated, a word or phrase to which a meaning has been assigned by a Directive specified in the Regulations has that meaning.

3. These Regulations apply only to new vehicles in categories M2, M3, N1, N2, N3 and S equipped with either positive ignition or compression ignition engines and of which at least 500 units will be manufactured, other than such vehicles which are intended for use by the armed services, civil defence...