IE
S.I. No. 444/2000 - European Communities (Mechanically Propelled Vehicle Entry Into Service) (Amendment) Regulations, 2000.
Table of Provisions (9)
Statutory Text (9 Articles)
1. These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations, 2000.
2. Class ............................................................ ...... (for a vehicle in Category N
1
)
3. Make ............................................................ ..........
Type .....................................................
bearing the vehicle identification number ............................................................ ............................................................ ....
conforms in all aspects to the type approved
at ............................................................ ............................................................ ............................................................ .
by ............................................................ ............................................................ ............................................................
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
SCHEDULE II
Fuel Type
Category of Vehicle
Directive re: Gaseous and Particulate Emissions and Directive re: Noise Emissions
Petrol Fuelled Vehicles
M
2
≤ 2.5 tonne, N
1
class I, and all vehicles of these categories that have been converted to category S.
(1) 96/69/EC
5
until 31 December 2000
98/69/EC
6
with effect from 1 January 2001 and
(2) 1999/101/EC
7
M
2
≤ 2.5 tonne, N
1
class II and III, and all vehicles of these categories that have been converted to category S.
(1) 96/69/EC until 31 December 2001
98/69/EC with effect from 1 January 2002 and
(2) 1999/101/EC
S that has been converted from category M
1
(1) 96/69/EC until 31 December 2000
98/69/EC with effect from 1 January 2001 and
(2) 1999/101/EC
N
2
and N
3
and all vehicles of these categories that have been converted to category S.
(1) 96/69/EC and
(2) 1999/101/EC with effect from: 1 October 2000
Diesel fuelled Vehicles
M
2
, M
3
, N
1
, N
2
, N
3
, and all vehicles of these categories that have been converted to category S.
(1) 96/1/EC
8
or 91/542B/EC
9
until 30 September 2001 and
1999/96/EC with effect from
Stage 1: 1 October 2001
Stage 2: 1 October 2006
Stage 3: 1 October 2009
(2) 1999/101/EC
Diesel fuelled Vehicles
S that has been converted from category M
1
(1) 96/1/EC or 91/542B/EC and
(2) 1999/101/EC
Petrol and either LPG or NG Fuelled vehicles
M
2
, M
3
, and all vehicles of these categories that have been converted to category S.
(1) 98/77/EC
10
(2) 1999/101/EC
LPG or NG Fuelled Vehicles
M
2
, M
3
, and all vehicles of these categories that have been converted to category S.
(1) 98/77/EC until 30 September 2001
1999/96/EC with effect from 1 October 2001 and
(2) 1999/101/EC
Petrol and either LPG or NG Fuelled vehicles
N
1
, N
2
, N
3
and all vehicles of these categories that have been converted to category S.
(1) 98/77/EC and
(2) 1999/101/EC
LPG or NG Fuelled Vehicles
N
1
, N
2
, N
3
and all vehicles of these categories that have been converted to category S.
(1) 98/77/EC until 30 September 2001.
1999/96/EC 1 October 2001 and
(2) 1999/101/EC
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, or at the discretion of the Revenue Commissioners a valid short form of the certificate of conformity, or an end-of-series exemption. Certain exemptions are provided for in the Regulations.
1
O.J. No. L44 of 16.2.2000.
2
O.J. No. L42 of 23.2.70.
3
O.J. No. L91/1 of 25.3.98.
4
O.J. No. L76 of 6.4.70.
5
O.J. No. L350/5 of 28.12.98.
5
O.J. No. L282 of 1.11.96.
6
O.J. No. L350 of 28.12.98.
7
O.J. No. L334 of 28.12.99.
8
O.J. No. L40 of 17.2.96.
9
O.J. No. L295 of 25.10.91.
10
O.J. No. L286 of 23.10.98.
4. Subject to article 5, in respect of each new vehicle for which a declaration for registration will be made to the Revenue Commissioners, the manufacturer or distributor of the vehicle shall—
(
a
) complete and retain each separate certificate of conformity and issue to the owner a short form in respect of each separate certificate of conformity, or
(
b
) in the case of a vehicle which is to be modified, complete and retain each separate certificate of conformity and issue to the converter a short form of each separate certificate of conformity for onward transfer to the owner of the vehicle.
5. A separate certificate of conformity shall be valid if and only if;
(
a
) it is printed on paper protected by coloured graphics or watermarked with the vehicle Manufacturer's identification mark, 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 the separate Directive to which it relates on or after the day or days specified in the second column of the Second Schedule corresponding to the said Directive, or
(ii) it is 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.
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 on which any amendment to the Second Schedule 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 30% 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.
(3) Where the application of paragraph 2(
a
) would result in exemption for less than 100 vehicles, the Minister may grant exemptions 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 any separate one or more of the certificate 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.
SCHEDULE
Form of Certificate of Conformity by Manufacturer or Distributor
The undersigned,
of ............................................................ ............................................................ ............................................................ .
(name of manufacturer or distributor) hereby certifies that the vehicle
Category ............................................................ ..........
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/EC
1
as it relates 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