Statutory Instrument

S.I. 552 of 2003

European Communities (Passenger Car Entry into Service) Regulations 2003

PUBLISHED BY THE STATIONERY OFFICE

DUBLIN

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Commission Directive 1999/98/EC of 15 December 1999¹ , Directive 2001/43/EC of the European Parliament and of the Council of 27 June 2001² , Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001³ , Commission Directive 2001/92/EC of 30 October 2001⁴ , Directive 2001/100/EC of the European Parliament and of the Council of 7 December 2001⁵ , Commission Directive 2001/116/EC of 20 December 2001⁶ and Commission Directive 2002/80/EC of 3 October 2002⁷ , in so far as they relate to the entry into service of motor vehicles, hereby make the following regulations:

1.   These Regulations may be cited as the European Communities (Passenger Car Entry into Service) Regulations 2003.

2.   (1) In these Regulations:-

“authorised person” means a person authorised by the Minister under Regulation 10 or an officer of the Revenue Commissioners authorised under section 159 of the Finance Act 1997 ;

“category M₁” has the meaning assigned to it in paragraph 1 of Annex II A to the Council Directive;

“Commission Directive” means Commission Directive 2001/116/EC of 20 December 2001⁶ ;

“Council Directive” means Council Directive 70/156/EEC of 6 February 1970⁸ , as amended by Council Directive 92/53/EEC of 18 June 1992⁹ , Commission Directive

98/14/EC of 6 February 1998¹⁰ , and Commission Directive 2001/116/EC of 20 December 2001⁶ ;

“distributor” has the meaning assigned to it by Regulation 4 of the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );

“EC type-approval authority” has the meaning assigned to it in Article 2 of the Council Directive;

“EC type-approval certificate” means the certificate issued by an EC type-approval authority for a vehicle type in accordance with Article 4 of the Council Directive in the form set out in Annex VI to the Commission Directive;

“end-of-series vehicle” means a new vehicle the subject of an application under Regulation 8 for which a valid whole vehicle certificate of conformity was issued on or after the date of manufacture and which subsequently lost its validity because one or more of the separate Directive approval certificates as required by Article 3(1) of the Council Directive to accompany the application for vehicle type approval ceases to be in force due to the coming into force of legislation transposing a new separate Directive;

“matter” in relation to Schedule 2, means a matter specified in column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of that Schedule;

“mechanically propelled vehicle” means a vehicle (with or without bodywork) propelled by either a positive ignition engine or a compression ignition engine, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, and which is intended for use on the road;

“Minister” means the Minister for Transport;

“new vehicle” means a mechanically propelled vehicle of category M₁ equipped with either a positive ignition or compression ignition engine which is less than 3 months

old when reckoned from its first entry into service or which has travelled less than 3,000 kilometres; or which has not been previously registered;

“registration” means registration of a vehicle under section 130 of the Finance Act 1992 ( No.9 of 1992 );

“short form of the whole vehicle certificate of conformity” means that part of the declaration for registration of a new vehicle, in the form specified from time to time by the Revenue Commissioners, which contains the particulars of the vehicle and the reference number of the Directive in accordance with which the manufacturer or distributor issued the whole vehicle certificate of conformity in respect of the vehicle;

“vehicle type” has the meaning assigned to it in paragraph 1 of Annex II B to the Council Directive;

“vehicle type approval” means the procedure whereby an EC type-approval authority certifies that a type of vehicle satisfies the relevant technical requirements of a Directive specified in the column (2) of Schedule 1;

“whole vehicle certificate of conformity” means the certificate which has been completed in accordance with Article 6 of the Council Directive in the form set out in Annex IX to the Commission Directive.

(2)     In these Regulations -

(a)  a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended,

(b)  a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3)    A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

3.        These Regulations apply to new vehicles of which at least 500 units will be manufactured, other than such vehicles which are intended for use by the Defence Forces, civil defence, fire services or the Garda Síochána.

4.      The manufacturer or distributor of a new vehicle for which a declaration for registration is to be made to the Revenue Commissioners shall in respect of the vehicle -

(a)        complete a whole vehicle certificate of conformity in respect of a Directive specified in column (2) of Schedule 1 in accordance with Regulation 5 and retain the said certificate, and

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

5.    A whole vehicle certificate of conformity shall be -

(a)      in the form set out in Annex IX to the Commission Directive, and

(b)  printed on paper protected either by coloured graphics or watermarked with the vehicle manufacturer's identification mark in accordance with Article 6(1) of the Council Directive.

6. (1) A whole vehicle certificate of conformity shall not be issued for a vehicle unless the manufacturer or distributor of the vehicle in question holds an EC type pproval certificate for the time being in force in respect of the vehicle type at the date of issue of the whole vehicle certificate of conformity.

 (2) An EC type approval certificate shall not be in force unless a separate type approval certificate is in force --

(a)        on the making of these Regulations, in respect of each Directive specified in column (3) of Schedule 2 at any reference number where no date is specified in column (4) opposite that reference number,

and

(b)      on the day specified in column (4) of Schedule 2 at any reference number in respect of the Directive specified in column (3) opposite that reference number.

7.   A short form of the whole vehicle certificate of conformity shall not be issued by a manufacturer or distributor in respect of a new vehicle unless the requirements of Regulation 6 have been complied with.

8. (1) Notwithstanding Regulation 6, the Minister may, upon the application of a manufacturer or distributor in respect of an end-of-series vehicle in accordance with Regulation 9, grant an exemption whereby the whole vehicle certificate of conformity issued for the said vehicle is acceptable for the purpose of making a declaration for registration for a period of 12 months from the date the said certificate ceases to be in force by reference to Schedule 1 or 2.

(2) Subject to paragraph (3), the maximum number of vehicles for which the Minister may grant exemptions under paragraph (1) shall be either -

(a)     the number of vehicles equivalent to 10 per cent. of the vehicles of all types of category M₁ which were registered by the Revenue Commissioners in the 12 month period preceding the day the approval certificate in respect of a matter specified in Schedule 2 ceased to be in force, or

(b)     the number of vehicles of any one type of category M₁ for which a valid whole vehicle certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because an approval certificate in respect of a matter specified in Schedule 2 ceased to be in force.

(3)   Where the application of paragraph 2 (a) would result in exemptions for less than 100 vehicles, the Minister may grant exemptions for up to 100 vehicles.

(4)    This Regulation applies only to vehicles --

(a)    which were in the territory of the European Communities on the day an approval certificate in respect of a matter specified in Schedule 2 ceased to be in force, and

(b) were accompanied by the whole vehicle certificate of conformity which was valid at the time of issue but subsequently ceased to be valid solely because an approval certificate in respect of a matter specified in Schedule 2 ceased to be in force.

9. (1) An application for an exemption under Regulation 8 must be made in writing to the Minister by the manufacturer or the distributor of the vehicle and contain -

(a) details of either or both the technical reasons and the economic reasons for the making of the application,

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

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

(d)       the number of vehicles of that type which were first registered in the 12 month period preceding the day the approval certificate in respect of a matter specified in Schedule 2 ceased to be in force.

(2) An application under paragraph (1) shall be accompanied by the whole vehicle type approval certificate which is no longer valid by reason of an approval certificate in respect of a matter specified in Schedule 2 ceased to be in force.

(3) The Minister may request an applicant for an exemption under Regulation 8 to submit such other information or documents as the Minister may require to consider an application and the applicant shall comply with any such request.

10.(1) The Minister may appoint persons to be authorised persons for the purposes of these Regulations.

(2)    An authorised person --

(a) who is not an officer of the Revenue Commissioners authorised under section 159 of the Finance Act 1992 shall be furnished with a warrant of his or her appointment, and

(b)      when exercising a power conferred on him or her under this Regulation shall, if requested by any person affected, produce the warrant of his or her appointment to that person for inspection.

(3) An authorised person may for the purpose of ensuring that these Regulations are being complied with -

(a)      require the manufacturer or the distributor of a vehicle for which a declaration for registration was submitted to the Revenue Commissioners to produce to him or her all or any of the following -

(i)              the whole vehicle certificate of conformity for the vehicle concerned,

(ii)             the EC type-approval certificate for the vehicle type that the vehicle concerned purports to conform to, or

(iii)             one or more of the separate Directive approval certificates that were required to accompany the application for vehicle type approval for the vehicle type that the vehicle concerned purports to conform,

(b)      enter at any reasonable time any premises or place owned or occupied by a manufacturer of a vehicle or the distributor and search and inspect the premises and any whole vehicle certificates of conformity, any EC type-approval certificates, any separate Directive approval certificates and any books, documents or records relating to the registration of vehicles found therein,

(c)      require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the registration of vehicles which are in the person's power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,

(d)      inspect and take extracts from or make copies of any such books, documents or records (including in the case of information in a non-legible form a copy of or extract from such information in a legible form),

(e)      remove and retain such books, documents or records for such period as may be reasonable for further examination,

(f)      require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs,

(g)      require any person in charge of the premises or place to give him or her any information which he or she may reasonably require with regard to the registration of vehicles.

(4)    Where an authorised person in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.

(5)    An authorised person shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant from the District Court under paragraph (6) authorising such entry.

(6)    If a judge of the District Court is satisfied, on the sworn information of an authorised person that there are reasonable grounds for suspecting that information required by an authorised person for the purpose of this Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised person, accompanied, if appropriate, by other authorised persons or by a member of the Garda Síochána at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised person under this Regulation.

(7)    A person who --

(a)      without reasonable excuse fails or refuses with any request or requirement made by an authorised person under this Regulation,

(b)      obstructs, impedes, interferes with or assaults an authorised person in the exercise of a power under this Regulation,

(c)      gives to an authorised person information which is false or misleading in a material respect, or

(d)      alters, suppresses, or destroys any certificates, books, documents or records which the person concerned has been required to produce, or reasonably expected to be required to produce,

is guilty of an offence.

11. A person who includes false information in a whole vehicle certificate of conformity or in a short form of the whole vehicle certificate of conformity knowing that such information is false is guilty of an offence.

12.    (1)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.

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

13.   The European Communities (Passenger Car Entry into Service) Regulations 2001 ( S.I No. 373 of 2001 ) are revoked.

SCHEDULE 1

Whole Vehicle Type Approval Directive

Regulation 4(a)

SCHEDULE 2

Separate Directives

Regulations 6 , 8 and 9

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 new cars must include a short form of a certificate of conformity to Directive 2001/116/EC. The Regulations revoke the European Communities (Passenger Car Entry into Service) Regulations 2001 ( S.I. No. 373 of 2001 ).

¹OJ No.L9, 13.1.00, p14

²OJ No.L211, 4.8.01, p25

³OJ No.L292, 9.11.01, p21

⁴OJ No.L291, 8.11.01, p24

⁵OJ No.L16, 18.1.02, p32

⁶OJ No.L18, 21.1.02, p1

⁷OJ No.L291, 28.10.02, p20

⁶OJ No.L18, 21.1.02, p1

⁸OJ No.L42, 23.2.70, p1

⁹OJ No. L225, 10.8.92, p1

¹⁰OJ No.L91, 25.3.98, p1

⁶OJ No.L18, 21.1.02, p1