S.I. No. 373/2001 - European Communities (Passenger Car Entry Into Service) Regulations, 2001

1. Germany; 2. France; 3. Italy; 4. Netherlands; 5. Sweden; 6. Belgium; 9. Spain; 11. United Kingdom; 12. Austria; 13. Luxembourg; 17. Finland ; 18. Denmark; 21. Portugal ; 23. Greece; IRL Ireland;

Note 2. The number will be the reference number of the certificate of type approval that was issued by the competent body that granted type approval.

Dated this 27th day of July, 2001,

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)

Explanatory Note

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

These Regulations require that applications to the Revenue Commissioners for the registration of certain new vehicles must include a short form of a certificate of conformity with specified EU Directives. Certain exemptions are provided for in the Regulations.

The Regulations also prohibit the fitting of replacement catalysers unless they have been type approved

1

OJ No.L91/1 of 25.3.1998

2

OJ No. L 350/1 of 28.12.1998

3

OJ No. L286/34 of 23.10.1998

4

OJ No. L334/41 of 28.12.1999

5

OJ No. L334/43 of 28.12.1999

6

OJ No. L035/34 of 06.02.2001

7

OJ No. L 42 of 23.02.1970

8

OJ No. L 225/1 of 10.08.1992

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

3. Type............................................................ ..

4.

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)

FOURTH SCHEDULE

EC type approval marks

Type approval certificate

number to be inserted

here - see note 2

The rectangle enclosing the type approval mark shall be at least 8mm long and have a width of at two thirds of its length.

The height of all individual alphanumeric characters, including those of the type approval reference number, shall be equivalent to one third the length of the that rectangle

Note 1. the reference number of the Member State in which type approval was granted, shall be entered alongside the “e” mark, in accordance with the following designation -

4. Subject to article 7, 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 separate certificates of conformity in accordance with sub-article (1) of article 5 and retain all such certificates

(b) complete a whole vehicle certificate of conformity in accordance with sub-article (2) of article 5 and retain the said certificate,

(c) complete and issue to the owner of the vehicle the short form of the whole vehicle certificate of conformity.

5. (1) A separate certificate of conformity shall be -

(a) issued in respect of each directive listed in the second column of the Second Schedule,

(b) in the form set out in the Third Schedule

(c) 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

(d) shall not be issued unless the vehicle to which it relates conforms to the type for which a type approval certificate has been issued by the competent body of a Member State in accordance with the Directive to be referred to in the said certificate of conformity.

(2) A whole vehicle certificate of conformity shall -

(a) be 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) be 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, and

(c) shall not be issued unless separate valid certificates of conformity had already been issued in accordance with sub-article (1)

(3) A separate certificate of conformity shall cease to be valid upon the coming into force of an amendment to the directive in respect of which it had been issued, where such amendment relates to the type approval of that type of vehicle.

(4) A whole vehicle certificate of conformity shall cease to be valid if any separate certificate of conformity to which it relates ceases to be valid.

6. Neither the short form of a certificate of conformity or the whole vehicle certificate of conformity shall be issued in respect of a vehicle unless each of the separate certificate of conformity have been issued in accordance with article 5, provided always that no such separate certificates will have ceased to be valid at the date of issue of the said short form or whole vehicle certificate of conformity.

7. (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 4 for a period of 12 months from the day on 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 on the day on which the Second Schedule or an amendment thereto comes into effect, and

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

8. 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.

9. (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) It shall be an offence for a person to -

(i) to fail to comply with sub-article 1,

(ii) to fail to comply with article 10, or

(iii) to produce a false certificate of conformity or false short form of certificate of conformity.

(3) A person convicted of an offence under sub-article (2) 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.

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

10. A replacement catalyser shall not be installed on a mechanically propelled vehicle unless such replacement -

(a) Is of a type for which type approval in accordance with Directive 70/220/EEC as amended by Directive 98/77/EC has been issued, and

(b) bears one of the EC type-approval marks set out in the Fourth Schedule.

11. The European Communities (Passenger Cars Entry into Service) Regulations, 2000 (

S.I No. 443 of 2000

) are hereby revoked with effect from 31 July 2001.

FIRST SCHEDULE

Whole Vehicle Type Approval Directive

Directive

From

98/14

1 January 2001

SECOND SCHEDULE (page 1 of 2)

Separate Directives

Subject

Directive

Sound Levels

70/157/EEC as last amended by 96/20 or 1999/101/EC

Emissions

70/220/EEC as last amended by 2001/1/EC

Fuel Tanks/Rear Protective Devices

70/221/EEC as last amended by 2000/8/EC

Rear Registration Plate Place

70/222/EEC

Steering Effort

70/311/EEC as last amended by 92/62/EEC

Door Latches and Hinges

70/387/EEC

Audible Warning

70/388/EEC

Rear Visibility

71/127/EEC as last amended by 88/321/EEC

Braking

71/320/EEC as last amended by 98/12/EC

Suppression (radio)

72/245/EEC as last amended by 95/54/EC

Diesel smoke

72/306/EEC as last amended by 97/20/EC

Interior Fittings

74/60/EEC as last amended by 2000/4/EC

Anti-theft and immobiliser

74/61/EEC as last amended by 95/56/EC

Protective Steering

74/297/EEC as last amended by 91/662/EEC

Seat Strength

74/408/EECC as last amended by 96/37/EC

Exterior Projections

74/483/EEC as last amended by 79/488/EEC

Speedometer and Reverse Gear

75/443/EEC as last amended by 97/39/EC

Plates (Statutory)

76/114/EECC as last amended by 78/507/EEC

Seat Belt Anchorages

76/115/EEC as last amended by 96/38/EC

Installation of Lighting and Light Signalling Devices

76/756/EEC as last amended by 97/28/EC

Retro Reflectors

76/757/EEC as last amended by 97/29/EC

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

76/758/EEC as last amended by 97/30/EC

Direction Indicators

76/759/EEC as last amended by 1999/15/EC

Registration Plate lamps

76/760/EEC as last amended by 97/31/EC

Headlamps (including bulbs)

76/761/EEC as last amended by 1999/17/EC

Front Fog Lamps

76/762/EEC as last amended by 1999/18/EC

Towing Hooks

77/389/EEC as last amended by 96/64/EC

Rear Fog Lamps

77/538/EEC as last amended by 1999/14/EC

Reversing Lamps

77/539/EEC as last amended by 97/32/EC

Parking Lamps

77/540/EEC as last amended by 1999/16/EC

Seat Belts

77/541/EEC as last amended by 2000/3/EC

Forward Vision

77/649/EEC as last amended by 90/630/EEC

Identification of Controls

78/316/EEC as last amended by 94/53/EC

Defrost/Demist

78/317/EEC

Wash/Wipe

78/318/EEC as last amended by 94/68/EC

Heating Systems

78/548/EEC

Wheel Guards

78/549/EEC as last amended by 94/78/EC

Head Restraints

78/932/EEC

CO

2

Emission/Fuel Consumption

80/1268/EEC as last amended by 1999/100/EC

Engine Power

80/1269/EEC as last amended by 1999/99/EC

Masses and Dimensions (cars)

92/21/EEC as last amended by 95/48/EC

Safety Glass

92/22/EEC

Tyres

92/23/EEC

Couplings

94/20/EC

Frontal Impact

96/79/EC

Side Impact

96/27/EC

THIRD SCHEDULE

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 Commission Directive 98/14/EC

1

, Council Directive 98/69/EC

2

, Commission Directive 98/77/EC

3

, Commission Directive 1999/101/EC

4

, Commission Directive 1999/102/EC

5

and Council Directive 2001/1/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