S.I. No. 374/2001 - European Communities (Mechanically Propelled Vehicle Entry Into Service) Regulations, 2001

1. (1) These Regulations may be cited as the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations, 2001.

(2) These Regulations shall come into effect on the 1

st

. day of October 2001.

(3) The European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations, 2000. (

S.I. NO. 444 of 2000

) shall cease to have effect on the coming into effect of these Regulations.

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

SECOND SCHEDULE

Directives for which separate certificates of conformity must be issued.

Subject

Directive

Emissions

88/77/EC

as last amended by

2001/27EC

or

70/220/EC

as last amended by

2001/1/EC

Sound levels

70/157/EC

as last amended by

1999/101

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)

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.

1

O.J. No. L44 of 16 .02 .2000

2

O.J. No. L334/41 of 28.12.1999

3

O.J. No. L334/43 of 28.12.1999

4

O.J. No. L335/34 of 6.2.2001

5

O.J. No. L107/10 of 18.04.2001

2

OJ No L 42 of 23.02.1970

3

OJ No L 91/1 of 25.03.1998

4. 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 separate certificates of conformity completed in accordance with article 5, and

(b) complete and issue to the owner, the short form of the certificate of conformity.

(c) 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. (1) A separate certificate of conformity shall -

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

(b) be in the form set out in the First Schedule,

(c) be 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, and

(d) not be issued unless the vehicle to which it relates conforms to a type for which a type approval certificate in accordance with the directive referred to in the certificate of conformity has been issued.

(2) A separate certificate of conformity in respect of a vehicle 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 requirements for the type approval of the vehicle type which includes the said vehicle.

6. The short form of the certificate of conformity shall not be issued by the manufacturer or the distributor in respect of a vehicle unless each of the separate certificates of conformity has been issued in accordance with article 5, provided always that no such separate certificate will have ceased to be valid at the date of issue of the said short form of the 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 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, on the day on which the Second Schedule or an amendment thereto comes into effect, and

(b) are 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 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 Siochana.

FIRST 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

, Commission Directive 1999/101/EC

2

, Commission Directive 1999/102/EC

3

, Commission Directive 2001/1/EC

4

and Commission Directive 2001/27/EC

5

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