S.I. No. 443/2000 - European Communities (Passenger Car Entry Into Service) Regulations, 2000.

1. Category ............................................................ ............................................................ .............................................

2. Class ............................................................ ............................................................ ...................................................

3. Make ............................................................ ............................................................ ..................................................

4. Type ............................................................ ............................................................ ...................................................

bearing the vehicle identification number ............................................................ ............................................................ ....

conforms in all aspects to the type approved

by ............................................................ ............................................................ ............................................................

at ............................................................ ............................................................ ............................................................ .

on ............................................................ ............................................................ ............................................................

and described in Type Approval Certificate Number(s)

............................................................ ............................................................ ............................................................ .....

The vehicle to which the above Type Approval Certificate(s) relates was granted type approval in respect of the following EC Directives.

............................................................ ............................................................ ............................................................ .....

Signed: ............................................................ ...........

on: ............................................................ ...................

Name and signature of certifying person

Date of certification

of ............................................................ ...................

at: ............................................................ ............................

position held with manufacturer or distributor

Place of certification

Dated this 19th day of December, 2000.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prohibit the first registration of new vehicles from 31 December 2000 unless the details of the vehicles declared to the Revenue Commissioners for registration purposes include a valid Certificate of Conformity, at the discretion of the Revenue Commissioners a valid short form of a certificate of conformity, or an end-of-series exemption. Certain exemptions are provided for on the Regulations.

1

OJ No. L. 91/1 of 25.3.98

2

OJ No. L. 286/34 of 23.10.98

3

OJ No. L. 350/5 of 28.12.98

4

OJ No. L. 334/36 of 28.12.99

5

OJ No. L. 334/41 of 28.12.99

6

OJ No. L. 334/43 of 28.12.99

1

OJ No. L. 91/1 of 25.3.98

7

OJ No. L. 42 of 23.2.70

8

OJ No. L. 225/3 of 10.8.92

5. (1) A whole vehicle certificate of conformity shall be valid if and only if,

(

a

) it is printed on paper which is protected by coloured graphics or is watermarked with the identification mark of the vehicle manufacturer, in accordance with article 6(1) of Council Directive 70/156/EEC as amended by Council Directive 98/14/EC

(

b

) (i) it is issued in respect of a Directive specified in the first column of the First Schedule on or after the day specified in the second column of the First Schedule in respect of that Directive, or

(ii) it is issued in respect of a Directive that amends a Directive specified in the first column of the First Schedule before the amending Directive is transposed into Irish law, and

(

c

) (i) it is issued on or after the day or days on which separate valid certificates of conformity had already been issued in respect of each Directive specified in the second column of the Second Schedule, or

(ii) it was issued in respect of a Directive that amends a Directive specified in the second column of the Second Schedule before the amending Directive is transposed into Irish law,

(2) A separate certificate of conformity shall be valid if, and only if,

(

a

) it is printed on paper which is protected by coloured graphics or watermarked with the identification mark of the vehicle manufacturer, in accordance with article 6(1) of Council Directive 70/156/EEC as amended by Council Directive 98/14/EEC,

(

b

) (i) it was issued on or after the day specified in the second column of the Second Schedule in respect of the corresponding separate Directive specified in the first column of the same Schedule, or

(ii) it was issued in respect of a Directive that amends a Directive specified in the second column of the Second Schedule before the amending Directive it transposed into Irish law,

6. (1) Subject to sub-article (4), the Minister may grant an application from a manufacturer or distributor to exempt a new vehicle from the requirements of article 5 for a period of 12 months from the day of which any amendment to the First or the Second Schedules has come into force.

(2) Subject to sub-article (3), the maximum number of vehicles for which the Minister may grant exemptions in accordance with sub-article (1) shall be the greater of either—

(

a

) the number of vehicles equivalent to 10% of the vehicles of all types concerned which were registered by the Revenue Commissioners in the 12 months which ended on the day immediately before the coming into force of the amended schedule or schedules, or

(

b

) in the case of vehicles of any one type, the number of such vehicles for which a valid certificate of conformity could have been prepared for issue by the distributor on a day not less than 3 months before the coming into force of the said amended Schedule or Schedules,

(3) Where the application of paragraph 2 (

a

) would result in exemption for less than 100 vehicles, the Minister may grant exemption for up to 100 vehicles.

(4) This article shall apply only to vehicles—

(

a

) which were in the territory of the European communities, and

(

b

) were accompanied by a certificate of conformity which had ceased to be valid solely because of the provisions of these Regulations.

7. The application for the exemption shall be made in writing to the Minister by the manufacturer of the vehicle or the distributor and shall contain—

(

a

) details of the type of vehicle to which the application relates,

(

b

) the certificate of conformity, in accordance with the Second Schedule in force immediately prior to the amendment that invalidated that certificate, for the vehicle,

(

c

) the vehicle identification number of the vehicle for which the exemption is sought,

(

d

) the number of vehicles of that type which were first registered in the 12 month period ending on the day prior to the day from which the amendment applies,

(

e

) any other information which the Minister may require to be submitted in order to consider the application.

8. (1) At any reasonable time or place an authorised person may request the manufacturer or the distributor to produce the whole vehicle certificate of conformity or any separate one or more of the certificates of conformity in respect of a vehicle for which the short form of the whole vehicle certificate of conformity has been declared to the Revenue Commissioners.

(2) Failure to comply with sub-article 1 shall be an offence.

(3) It shall be an offence for any person to produce a false Certificate of Conformity or false short form of Certificate of Conformity.

(4) A person convicted of an offence under sub-article (2) or (3) of this article shall be liable on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment.

(5) An offence under these Regulations may be prosecuted by the Minister, by an authorised person, or by a member of the Garda Síochána.

9. The European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations, 1998 (

S.I. No. 211 of 1998

) as amended by

S.I. No. 356 of 1998

are hereby revoked with effect from the 31 day of December 2000—

SCHEDULE 1

Whole Vehicle Type Approval Directive

Directive

From

93/81

1 October 1998

98/14

1 January 2001

SCHEDULE II

Subject

Base

Amended to Directive No.

Sound Levels

70/157/EEC

1999/101/EC

Emissions

70/220/EEC

(1)

(a)

M

1

≤ 2500 kg: 96/69/EC until 31 Dec. 2000 and 98/69/EC with effect from 1 Jan 2001

(b)

M1 > 2500 kg; 96/69/EC until 31 Dec 2001 and 98/69/EC with effect from 1 Jan 2002

or

(2)

98/77/EC

or

(3)

1999/102/EC

Fuel Tanks/Rear Protective Devices

70/221/EEC

97/19/EC until 2 May 2003

2000/8/EC with effect from 3 May 2003

Rear Registration Plate Place

70/222/EEC

70/222/EEC

Steering Effort

70/311/EEC

92/62/EEC

Door Latches and Hinges

70/387/EEC

70/387/EEC

Audible warning

70/388/EEC

70/388/EEC

Rear Visibility

71/127/EEC

88/321/EEC

Braking

71/320/EEC

91/422/EEC until 30 March 2001

98/12/EC with effect from 31 March 2001

Suppression (radio)

72/245/EEC

89/491/EEC until 30 September 2002

95/54/EC with effect from 1 Oct. 2002

Diesel smoke

72/306/EEC

97/20/EC

Interior Fittings

74/60/EEC

78/632/EEC until 7 April 2003

2000/4/EC with effect from 8 April 2003

Anti-theft and immobiliser

74/61/EEC

95/56/EC

Protective Steering

74/297/EEC

91/662/EEC

Seat Strength

74/408/EEC

96/37/EC

Exterior Projections

74/483/EEC

79/488/EC

Speedometer and Reverse Gear

75/443/EEC

97/39/EC

Plates (Statutory)

76/114/EEC

78/507/EEC

Seat Belt Anchorages

76/115/EEC

96/38/EC

Installation of Lighting and Light

Signalling Devices

76/756/EEC

97/28/EC

Retro Reflectors

76/757/EEC

97/29/EC

End-outline, front-position (side), rear-position (side), Stop, side marker, daytime running lamps,

76/758/EEC

97/30/EC

Direction Indicators

76/759/EEC

89/277/EEC until 31 March 2001

1999/15/EC with effect from 1 April 2001

Registration Plate Lamps

76/760/EEC

97/31/EC

Headlamps (including bulbs)

76/761/EEC

89/517/EEC until 31 March 2001

1999/17/EC with effect from 1 April 2001

Front Fog Lamps

76/762/EEC

76/762/EEC until 31 March 2001

1999/18/EC with effect from 1 April 2001

Towing Hooks

77/389/EEC

96/64/EC

Rear Fog Lamps

77/538/EEC

89/518/EEC until 31 March 2001

1999/14/EC with effect from 1 April 2001

Reversing Lamps

77/539/EEC

97/32/EC

Parking Lamps

77/540/EEC

77/540/EEC until 31 March 2001

1999/16/EC with effect from 1 April 2001

Seat Belts

77/541/EEC

96/36/EC

2000/3/EC with effect from 1 Oct. 2002

Forward Vision

77/649/EEC

90/630/EEC

Identification of Controls

78/316/EEC

94/53/EC

Defrost/Demist

78/317/EEC

78/317/EEC

Wash/Wipe

78/318/EEC

94/68/EC

Heating Systems

78/548/EEC

78/548/EEC

Wheel Guards

78/549/EEC

94/78/EC

Head Restraints

78/932/EEC

78/932/EEC

CO

2

Emmission/Fuel Consumption

80/1268/EEC

93/116/EC until 31 December 2000

1999/100/EC with effect from 1 Jan 2001

Engine Power

80/1269/EEC

89/491/EEC OR

97/21/EC OR 1999/99/EC

Diesel Emissions

88/77/EEC

96/1/EC

Masses and Dimensions (cars)

92/21/EEC

95/48/EC

Safety Glass

92/22/EEC

92/22/EEC

Tyres

92/23/EEC

92/23/EEC

Couplings

94/20/EC

94/20/EC

Frontal Impact

96/79/EC

96/79/EC with effect from 1 October 2003

Side Impact

96/27/EC

96/27/EC with effect from 1 October 2003

SCHEDULE III

Form of Certificate of Conformity by Manufacturer or Distributor

The undersigned, of ............................................................ ............................................................ ............................................................ .

(name of manufacturer or distributor) hereby certifies that the vehicle

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 98/14/EC

1

, Council Directive 98/77/EC

2

, Council Directive 98/69/EC

3

, Council Directive 1999/100/EC

4

, Council Directive 1999/101/EC

5

, and Council Directive 1999/102/EC

6

, 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