SCHEDULE 2U.K. REDUCED POLLUTION CERTIFICATES AND THE REDUCED POLLUTION REQUIREMENTS

Interpretation of ScheduleU.K.

1.—(1) In this Schedule—

  • “authorised examiner” means—

    (a)

    a vehicle examiner appointed by the Secretary of State pursuant to section 66A of the 1988 Act M1;

    (b)

    a vehicle examiner appointed by the Department of the Environment for Northern Ireland pursuant to Article 74 of the Road Traffic (Northern Ireland) Order 1995 M2; or

    (c)

    a person authorised by the Secretary of State to conduct reduced pollution examinations;

  • [F1“diesel engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/EC;]

  • “Directive 1999/96” means Directive 1999/96/EC of the European Parliament and of the Council of 13th December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and against the emission of gaseous and particulate pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC M3;

  • [F2“Directive 2005/55/EC” means Directive 2005/55/EC of the European Parliament and of the Council of 28th September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles;

  • “Directive 2005/78/EC” means Commission Directive 2005/78/EC of 14th November 2005 of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto;]

  • “eligible vehicle” means a vehicle which is an eligible vehicle as defined by section 61B(4) of the 1994 Act;

  • [F3“gas engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/EC;

  • “limit value” has the same meaning as in Directive 2005/55/EC;]

  • [F4“prescribed adaptation” means an adaptation of a description specified in paragraph 4(2) or 4A(b)(ii)];

  • [F5“prescribed declarations” means—

    (a)

    a declaration by the responsible person that the prescribed information is correct in relation to a particular eligible vehicle; and

    (b)

    a declaration by the person applying for the reduced pollution certificate that—

    (i)

    that same vehicle has not been modified so as to affect the gaseous emissions engine type approval; and

    (ii)

    the information provided in accordance with paragraph 3(3) is correct;]

  • “prescribed fee” means the fee prescribed by paragraph 13;

  • [F5“prescribed information” means the engine type reference of the vehicle, the number of the Gaseous Emissions Engine Type Approval Certificate with which the vehicle conformed on construction and the name and address of the manufacturer or import concessionaire of the vehicle;]

  • “rectification notice” has the meaning given by paragraph 9(1);

  • “reduced pollution examination” means an examination of an eligible vehicle for the purpose of determining whether a reduced pollution certificate should be issued for that vehicle”;

  • [F6“registered” in relation to an eligible vehicle means registered under section 21 of the 1994 Act;]

  • [F7“Regulation (EC) 595/2009” means Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18th June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC.]

  • [F7“Regulation (EU) 582/2011” means Commission Regulation (EU) No 582/2011 of 25th May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council.]

  • [F5“responsible person” means a person authorised to make a declaration on behalf of the manufacturer or import concessionaire of an eligible vehicle;]

  • “vehicle identification number” has the same meaning as in regulation 67 of the Road Vehicles (Construction and Use) Regulations 1986 M4 or in regulation 80 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M5; and

a reference, in whatever terms, to an eligible vehicle which satisfies or does not satisfy the reduced pollution requirements is to an eligible vehicle with respect to which the reduced pollution requirements are, or are not, satisfied.

(2) For the purposes of this Schedule and of regulation 5, a reduced pollution certificate shall be deemed to be issued, and a notice or notification shall be deemed to be given, by an authorised examiner if it is signed by that examiner or on behalf of that examiner by a person authorised by him to sign it on his behalf.

Textual Amendments

Marginal Citations

M1Section 66A was inserted by the Road Traffic Act 1991 (c. 40) section 9(1) and was amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) Schedule 7, paragraph 11.

M3OJ No. L 044, 16.2.00, page 1.

M4S.I. 1986/2102, to which there are amendments not relevant to these Regulations.

M5S.R. 1999/454, to which there are amendments not relevant to these Regulations.