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Statutory Instrument 2003 No. 3314The Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 3314CONSUMER PROTECTIONThe Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003
The Secretary of State for Transport, in exercise of the powers conferred by section 11 of the Consumer Protection Act 1987[1], and of all other powers enabling him in that behalf, and after consultation in accordance with section 11(5) of that Act with such organisations as appear to him to be representative of interests substantially affected by the following Regulations, the Health and Safety Commission in relation to the application of the following Regulations to Great Britain and such other persons as he considers appropriate, hereby makes the following Regulations: - Citation and commencement 1.These Regulations may be cited as the Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003 and shall come into force on 1st August 2004. Preliminary 2.The Road Vehicles (Brake Linings Safety) Regulations 1999[2] shall be amended in accordance with the following provisions of these Regulations. Amendment of regulation 2 (interpretation) 3. - (1) Regulation 2(1) shall be amended as follows. (2) In the definition of "the Braking Devices Directive", after "98/12/EC" there shall be inserted "and Commission Directive 2002/78/EC[3]". (3) After the definition of "ECE Regulation 90.01", there shall be inserted the following definition -
(b) system, component or separate technical unit type approval granted pursuant to an EC or EEC Directive;". (4) For the definition of "the Framework Directive" there shall be substituted the following definition -
Substitution of regulation 5 (exceptions to regulation 4)
5. - (1) Regulation 4 shall not apply in relation to replacement brake linings for fitting, or fitted, to a relevant vehicle which was first used before 1st September 1999, if the replacement brake linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used. (2) Regulation 4 shall not apply in relation to replacement brake linings if -
(ii) a vehicle for which there has been granted an equivalent approval in another member State; (iii) a vehicle in respect of which the design of the braking system has been modified to enhance the brake performance beyond that required to secure EC type approval; and (b) the linings are packaged in accordance with the requirements of paragraph (3). (3) The requirements are that -
(b) the packaging -
(ii) is marked with the words "The contents of this package are components for which approval cannot be obtained under Annex XV to Council Directive 71/320/EEC (as inserted by Commission Directive 98/12/EC) or UN ECE Regulation 90.01 as required by the Road Vehicles (Brake Linings Safety) Regulations 1999 (as amended)". (4) Regulation 4 shall not apply in relation to replacement brake linings supplied by a vehicle manufacturer provided that the vehicle manufacturer complies with the requirements of points 2.3 to 2.3.4 in Annex 1 to the Braking Devices Directive[14] in relation to a relevant vehicle which was first used on or after 1st September 1999.
(This note is not part of the Regulations) These Regulations amend the Road Vehicles (Brake Linings Safety) Regulations 1999 ("the Principal Regulations"). Regulation 3 amends definitions in regulation 2(1) of the Principal Regulations and inserts a new definition. Regulation 4 substitutes a new regulation for regulation 5 of the Principal Regulations so as to provide for three exceptions to the prohibitions in regulation 4(1) against the supply and fitting of brake linings which do not meet the requirements of regulation 4(2). Paragraph (1) of the substituted regulation 5 repeats the exception in the original regulation 5 and paragraphs (2) and (4) add two new exceptions. All three exceptions are subject to the provision of regulation 3 of the Principal Regulations which prohibits the supply and fitting of brake linings containing asbestos. The new exceptions are permitted by the amendments made by article 3 of Commission Directive 2002/78/EC to Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC. A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/04, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: 020 7944 2083). Copies are being placed in the Libraries of each House of Parliament. Copies of relevant Directives and ECE Regulations can be obtained from the Stationery Office. Details of the Directives and Regulations are set out below. These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L204, 21.7.98, p. 37).
Notes: [1]1987 c. 43.back [2]S.I. 1999/2978.back [3]OJ No. L267, 4.10.02, p. 23.back [4]1988 c. 52; the definition of "light passenger vehicle" was inserted into section 85 by S.I. 1992/3107; section 57 was amended by S.I. 1992/3107.back [5]OJ No. L42, 23.3.70, p. 1.back [6]OJ No. L220, 8.8.87, p. 44.back [7]OJ No. L225, 10.8.92, p. 1.back [8]OJ No. L264, 23.10.93, p. 49.back [9]OJ No. L91, 25.3.98, p. 1.back [10]OJ No. L18, 21.1.02, p. 1.back [11]S.I. 1982/1271 to which there are amendments not relevant to these Regulations.back [12]S.I. 1984/981 to which there are amendments not relevant to these Regulations.back [13]S.I. 2001/25.back [14]Commission Directive 2002/78/EC (OJ No. L267, 4.10.02, p. 23) added points 2.3 to 2.3.4 in Annex 1 of Council Directive 71/320/EEC (OJ No. L202, 6.9.71, p. 37).back ISBN0 11 048391 X -- Back --
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