Statutory Instrument 1998 No. 3093

The Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 3093

ROAD TRAFFIC

The Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998

	Made	9th December 1998
	Laid before Parliament	10th December 1998
	Coming into force	1st January 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 54(1) and 61 of the Road Traffic Act 1988[1] and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:-

Citation and commencement
1.These Regulations may be cited as the Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998 and shall come into force on 1st January 1999.

Interpretation
2.In these Regulations-

"reduced pollution device" means a device fitted to the engine of a motor vehicle for the purpose of adapting it so that it meets the reduced pollution requirements;

"the reduced pollution requirements" means the requirements prescribed by regulation 5 of the Vehicle Excise Duty (Reduced Pollution) Regulations 1998[2].

Prescribed requirements
3. - (1) The requirements specified in paragraphs (2) and (3) below are hereby prescribed as type approval requirements for reduced pollution devices.

(2) In relation to a vehicle which at the time it was first used was required to meet, or did meet, the requirements as to the rate and content of its particulate emissions specified in an instrument referred to in column (2) of an item in the table below, the prescribed requirements are that the vehicle is so adapted that, when it is tested in accordance with the requirements specified by paragraph (4), the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

TABLE

(1)	(2)	(3)
Item	Instrument setting standard to which vehicle was first used	Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1	Directive 88/77/EEC[3]	0.16
2	Directive 91/542/EEC[4] (limits A)	0.16
3	Directive 91/542 (limits B)	0.08
4	European Commission Proposal (COM (97) 627) for a European and Council Directive amending Council Directive 88/77[5]	0.04

    (3) A reduced pollution device must be legibly and indelibly marked with a unique marking in such a way as to identify its type.

    (4) The requirements in accordance with which a vehicle is to be tested for the purposes of paragraph (2) are the requirements of the Schedule to these Regulations.

Application of the Motor Vehicles (Type Approval for Goods Vehicles) Regulations 1982
    4. - (1) Regulations 7, 13, 14(1) and (3) and 15 to 18 of the Motor Vehicles (Type Approval for Goods Vehicles) Regulations 1982[6] ("the 1982 Regulations") apply in relation to the type approval of reduced pollution devices as they apply in relation to the type approval of vehicle parts under those Regulations, but subject to the modifications specified in paragraphs (2) to (4) of this regulation.

    (2) In regulation 15 of the 1982 Regulations, paragraph (1) shall have effect as if there were omitted-

(3) The form of information document for a vehicle part in Part II of Schedule 2 to the 1982 Regulations shall have effect as if, for the paragraph headed "Detailed specification" there were substituted-

Detailed specification

(4) Part II of Schedule 3 to the 1982 Regulations (form of type approval certificate for a vehicle part) shall have effect as if for the words "the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982" there were substituted "the Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998".

Signed by authority of the Secretary of State

Larry Whitty
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

9th December 1998

THE SCHEDULERegulation 3(4)

TEST REQUIREMENTS FOR THE PURPOSES OF REGULATION 3(2)

    1.The components of the device liable to affect the emission of pollutants shall be designed, constructed and assembled so as to enable the vehicle, when in use and despite any vibration to which it may be subject, to comply with the provisions of this Schedule.

    2.The fitting of the device shall not produce an increase in the level of carbon monoxide, hydrocarbons or oxides of nitrogen emitted by the engine of the vehicle.

    3.EITHER

The design, construction and equipment requirements in paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of proposed Council Directive COM(97)627 shall be complied with.

OR

The design, construction and equipment requirements in paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of proposed Council Directive COM(97)627 shall, subject to the modifications of Annex III shown in the Table below, be complied with.

TABLE

Paragraph number of Annex III	Modification
1.2	The test shall be carried out with the engine installed in a vehicle connected to a chassis dynamometer
1.3.3	For references to "engine dynamometer" there shall be substituted "chassis dynamometer"
2.4	The exhaust system shall be used as normally fitted to the vehicle with the device in place
2.7	In addition, the fuel may be one widely available on the UK market and acceptable to the Secretary of State
Appendix 3	For the Dynamometer Schedule there shall be substituted the Dynamometer Schedule and graphical display shown in the Appendix to this Schedule

Notes:

[1] 1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), Schedule 8.back

[2] S.I. 1998/3094back

[3] OJ No. L36, 9.2.88, page 3.back

[4] OJ No. L295, 25.10.91, page 1.back

[5] OJ No. 98/C 173/1, 8.6.98, page 18.back

[6] S.I. 1982/1271; relevant amending instruments are S.I. 1992/3084, 1995/1323.back