STATUTORY INSTRUMENTS

S.I. No. 499 of 2002

EUROPEAN COMMUNITIES (VEHICLE TESTING) (AMENDMENT) (NO. 2) REGULATIONS, 2002

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

The Minister for Transport, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Council Directive 96/96/EC of 20 December 1996¹ , Commission Directive 2001/9/EC of 12 February 2001² and Commission Directive 2001/11/EC of 14 February 2001³ , hereby makes the following regulations:

1.        (1)      These Regulations may be cited as the European Communities (Vehicle Testing) (Amendment) (No. 2) Regulations 2002.

 (2)      The collective citation “the European Communities (Vehicle Testing) Regulations 1991 to 2002” includes these Regulations.

2.        The European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 ) are amended -

 (a)        in article 3 -

 (i)        by substituting for the definition of “Council Directive” the following definition:

“ ‘Council Directive’ means Council Directive 96/96/EC of 20 December 1996¹ , as amended by Commission Directive 1999/52/EC of 26 May 1999⁴ , Commission Directive 2001/9/EC of 14 February 2001² , and Commission Directive 2001/11/EC of 14 February 2001³ ;”,

 (ii)       by substituting for the definition of “the Minister” the following definition:

“ ‘Minister’ means the Minister for Transport;”, and

 (iii)       by the insertion after the definition of “owner” of the following definition:

“ ‘pass statement’ means a statement of vehicle road worthiness given by an authorised tester under article 7(3B) of these Regulations;”.

 (b)        in article 6(2)(a) by substituting for “supervised” of “supervised or approved”,

 (c)        after article 7(1A) by inserting the following:

“(1B)  The measurement of the carbon monoxide (CO) content at low engine idling speed in petrol driven vehicles equipped with on-board diagnostic systems in accordance with Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998⁵ , may be determined through the appropriate reading of the on-board diagnostic device and simultaneous checking of the proper functioning of the on-board diagnostic systems.”,

 (d)        by substituting, with effect from 18 November 2002, for article 7(2) the following sub-article:

“(2)    The application shall be accompanied by, in the case of vehicles of a class specified in column 1 of the First Schedule hereto -

(a)        opposite mention of a fee category A in column 5 of that Schedule, a fee of €99.18,

(b)        opposite mention of fee category B in the said column 5, a fee of €80.99, and

(c)        opposite mention of fee category C in the said column 5, a fee of €58.68.”,

 (e)        by substituting, with effect from 1 January 2003, for article 7(3) the following sub-articles:

“(3)    Subject to sub-article (3A), where an application is made, the authorised tester shall test the vehicle in respect of the items listed in the relevant Schedule specified in column 4 of the First Schedule hereto for the relevant vehicle class mentioned in column 1 of that Schedule, having regard to any directions made under article 8 as to the manner in which the tests are to be carried out.

(3A)   The item listed at paragraph 7.10 of the Third Schedule hereto shall be tested only in vehicles of the following classes -

(a)        mechanically propelled vehicles used for the carriage of passengers with more than 8 seats, excluding the driver's seat and having a design gross vehicle weight exceeding 10,000 kilograms, and

(b)        goods vehicles having a design gross vehicle weight exceeding 12,000 kilograms.

(3B)   Where an authorised tester has carried out tests of a vehicle under sub-article (3) of this article, the tester shall -

(a)       where he or she is satisfied that the vehicle is roadworthy as respects the items referred to in that sub-article, give to the owner of the vehicle a statement (‘pass statement’) in a form approved by the Minister, and

(b)       where he or she is not so satisfied, notify the owner in a form approved by the Minister of the items in respect of which he is not so satisfied.”,

 (f)         in article 12(3) -

(i)       in paragraph (a) by substituting “these Regulations,” for “these Regulations, and”,

(ii)      in paragraph (b) by substituting “been issued, and” for “been issued.”, and

(iii)     after paragraph (b) by inserting the following:

“(c)      approve a course of training for the purposes of article 6(2) of these Regulations,”,

 (g)        by inserting, with effect from 1 January 2003, after paragraph 7.9 of the Third Schedule hereto the following:

“7.10  Functional check of the speed limiter.”, and

 (h)        by substituting for article 16 the following:

“16.     A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months, or to both.”

Explanatory Note

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

These Regulations transpose Commission Directive 2001/9/EC regarding the use of on-board diagnostic systems to determine certain emissions in the conduct of roadworthiness testing of certain vehicles, increase the fees chargeable by authorised testers for carrying out roadworthiness tests, and transpose Commission Directive 2001/11/EC so that a check on the functioning of the speed limiter is a requirement of the roadworthiness test in heavy goods vehicles exceeding 12,000 kilograms in gross weight and vehicles used for the carriage of more than 8 passengers exceeding 10,000 kilograms in gross weight.

¹ OJ No. L.46, 17.2.97, p.1.

² OJ No. L.48, 17.2.01, p.18.

³ OJ No. L.48, 17.2.01, p. 20.

¹ OJ No. L.46, 17.2.97, p.1

⁴ OJ No. L. 142, 5.6.99, p.26.

² OJ No. L.48, 17.2.01, p.18.

³ OJ No. L.48, 17.2.01, p.20.

⁵ OJ No. L.350, 28.12.98, p.50.