The Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 1997 No. 58


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Statutory Instruments

1997 No. 58

TRADE DESCRIPTIONS

The Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 1997

Made

15th January 1997

Laid before Parliament

23rd January 1997

Coming into force

21st February 1997

The Secretary of State for Transport, in exercise of the powers conferred by section 80(1) of the Road Traffic Act 1988(1), and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby makes the following Regulations:-

1. These Regulations may be cited as the Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 1997 and shall come into force on 21st February 1997.

2. The Motor Vehicles (Designation of Approval Marks) Regulations 1979(2) shall be further amended in accordance with the following provisions of these Regulations.

3. In Schedule 2 -

(a)after item 36A there shall be inserted items 36B and 36C as set out in Schedule 1 to these Regulations;

(b)after item 44B there shall be inserted item 44C as set out in Schedule 1 to these Regulations; and

(c)after item 50A there shall be inserted items 51 and 51A as set out in Schedule 1 to these Regulations.

4. In Schedule 3 -

(a)after paragraph 2 there shall be inserted the following paragraph -

"2A. The number shown outside and on the right of the circle in any such marking will be varied, where appropriate, so as to be the number assigned by the competent authority of a Contracting State to each type approved. The said number will be close to and outside the circle in such a position relative thereto as may be authorised by the relevant ECE Regulation, so however that it shall be read in the same direction as the number inside the circle.;"

(b)for paragraph 7 there shall be substituted the following paragraph -

"7. The Roman numeral shown outside and on the right of the circle in the markings relating to items No. 36, 36A, 36B and 36C in Schedule 2 will be varied, where appropriate, in cases where the vehicle to which a marking relates was placed in a class other than Class II when it was approved in accordance with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking.";

(c)in paragraph 17 -

(i)the word "and" at the end of sub-paragraph (2) shall be omitted;

(ii)in sub-paragraph (3)(a), after "0-25 kilogrammes," there shall be inserted "0-36 kilogrammes,"; and

(iii)at the end of sub-paragraph (3) there shall be inserted -

(4) the symbol "Y" shall form part of the marking prescribed at item 44B if the child restraint contains a crotch strap in conformity with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking"

(d)after paragraph 17 there shall be inserted the following paragraph -

"17A. In relation to the marking prescribed at item No. 44C in Schedule 2 -

(1) the approval number and any additional symbol outside the marking in relation to this item must be placed close to the circle, and either above or below the "E" or to the left or right of it, the digits of the approval number must be on the same side of the "E" and orientated in the same direction, and any additional symbol must be diatmetrically opposite the approval number;

(2) the words "universal", "restricted", "semi-universal" or "vehicle specific" shall form part of the marking depending on the category of child restraint as defined in the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking;

(3) the figures "9-36" following the word "universal" or, as the case may be, "restricted", "semi-universal" or "vehicle specific", shall be varied so as to show the weight group for which the child restraint is manufactured being -

(4) the symbol "S" shall form part of the marking if the child restraint is designed for children who have special needs as a result of either a physical or mental handicap; and

(5) the symbol "Y" shall form part of the marking if the child restraint contains a crotch strap in conformity with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking.".

5. In Schedule 4 after item 33 there shall be added items 34, 35, 36 and 37 as set out in Schedule 2 to these Regulations.

6. In Schedule 5 after paragraph 15 there shall be added the following paragraphs -

"16. In relation to the marking prescribed at item No. 34 in Schedule 4 -

(a)the symbol , indicating that the burning rate of the material has been determined for both the horizontal and the vertical directions, shall be varied, where appropriate, to either of the symbols or to indicate respectively that the burning rate has been determined for either the horizontal or vertical direction;

(b)the symbol shall only form part of the marking if the component has been approved according to its melting behaviour;

(c)the symbol shall only form part of the marking if the component has been approved as a complete device;

(d)the last four digits of the number below the rectangle shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned; and

(e)the symbols referred to in sub-paragraphs (a), (b) and (c) above and the number referred to in sub-paragraph (d) shall be placed in the vicinity of the rectangle.

17. In relation to the marking prescribed at item No 35 in Schedule 4 -

(a)the symbol "AI", indicating that the component or the separate technical unit is a combination of both a vehicle alarm system and an immobilizer, shall be varied, where appropriate, to either of the symbols "A" or "I" to indicate respectively that the component or separate technical unit is either a vehicle alarm system or an immobilizer;

(b)the last four digits of the number to the right of the rectangle shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned; and

(c)the combination of any symbol referred to in sub-paragraph (a) above and the number referred to in sub-paragraph (b) shall be placed in the vicinity of the rectangle.

18. The number shown outside and below the rectangle shall be in the vicinity of the rectangle and its last four digits shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned.".

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under Secretary of State,

Department of Transport

15th January 1997

Regulation 3

SCHEDULE 1NEW ITEMS TO BE INSERTED INTO SCHEDULE 2 TO THE MOTOR VEHICLES (DESIGNATION OF APPROVAL MARKS) REGULATIONS 1979

36B

36IIR-022439

Motor Vehicle approved in respect of its structural features.The vehicle36 (amendment, 7th September 1986)1, 2A and 7
36C

36IIR-032439

Motor vehicle approved in respect of its structural features.The vehicle36 (amendment, 14th December 1992)1, 2A and 7
44C

Universal 9-36Kg

032439

Child restraint.The child restraint44 (amendment, 12th September 1995)1, 2 and 17A
51

51R-012439

Motor vehicle approved in respect of its noise emissions.The vehicle51 (amendment, 27th April 1988)1 and 2A
51A

51R-022439

Motor vehicle approved in respect of its noise emissions.The vehicle51 (amendment, 18th April 1995)1 and 2A

Regulation 5

SCHEDULE 2NEW ITEMS TO BE INSERTED INTO SCHEDULE 4 TO THE MOTOR VEHICLES (DESIGNATION OF APPROVAL MARKS) REGULATIONS 1979M

34

002439

Materials used in the internal construction of vehicles in category M3 carrying more than 22 passengers (not being designed for standing passengers or urban use).The materialDirective 95/28/EC of the European Parliament and of the Council of 24th October 1995O.J. L281, 23.11.95, p.11 and 16
35

A1-001406

Device to prevent the unauthorised use of motor vehicles.The alarm system or immobilizerCouncil Directive 74/61/EEC of 17th December 1973 as amended by Commission Directive 95/56/EC of 8th November 1995O.J. L286, 29.11.95, p1.1 and 17
36

020148

Electrical/electronic sub-assembly intended for use in vehicles.The sub-assemblyCouncil Directive 72/245/EEC of 20th June 1972 as amended by Commission Directives 89/491/EEC of 17th July 1989 and 95/54/EC of 31st October 1995O.J. L266 8.11.95, p.11 and 18
37

030148

Replacement exhaust system or component thereof.The replacement exhaust system or component,Council Directive 70/157/EEC of 6th February 1970 as amended by Council Directive 92/97/EEC of 10th November 1992 and Commission Directive 96/20/EC of 27th March 1996O.J L.92, 13.4.96,1 and 18

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Designation of Approval Marks) Regulations 1979 by prescribing -

(a)a new item 36B in Schedule 2, being a marking relating to the structural features of a motor vehicle, under ECE Regulation 36 as amended on 7th September 1986;

(b)a new item 36C, being a marking relating to the structural features of a motor vehicle, under ECE Regulation 36 as amended on 14th December 1992;

(c)a new item 44C, being a marking relating to child restraints, under ECE Regulation 44 as amended on 12th September 1995;

(d)a new item 51, being a marking relating to the noise emissions of a motor vehicle, under ECE Regulation 51 as amended on 27th April 1988;

(e)a new item 51A, being a marking relating to the noise emissions of a motor vehicle, under ECE Regulation 51 as amended on 18th April 1995;

(f)a new item 34 in Schedule 4, being a marking relating to material used in the construction of certain vehicles in category M3, under Directive 95/28/EC of the European Parliament and the Council;

(g)a new item 35, being a marking relating to devices to prevent the unauthorised use of motor vehicles, under Commission Directive 95/56/EC;

(h)a new item 36, being a marking relating to electrical/electronic sub-assemblies intended for use in vehicles, under Commission Directive 95/54/EC; and

(i)a new item 37, being a marking relating to replacement exhaust systems, under Commission Directive 96/20/EC.

Consequential amendments are made to Schedules 3 and 5.

Copies of the ECE Regulations and the Directives can be obtained from The Stationery Office. The details of the ECE Regulations and the Directives are as follows.

Principal InstrumentRelevant Amending Instrument

1. Regulation 36 dated 12th November 1975 and annexed to the Agreement concerning the adoption of uniform conditions for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

Amended on 8th February 1982, 7th September 1986 and 14th December 1992, and revised on 23rd September 1993.

2. Regulation 44 dated 22nd January 1981 and annexed to the agreement amended as stated above.

Amended on 17th November 1982, corrected on 26th January 1984, amended on 4th April 1986, 8th November 1987, 28th February 1989 and 29th November 1990, corrected on 11th September 1992; and amended on 12th September 1995.

3. Regulation 51 dated 15th July 1982 and annexed to the agreement amended as stated above.

Amended on 21st October 1984 and 27th April 1988,, corrected on 20th June 1988; and amended on 12th September 1991,, 18th April 1995 and 5th May 1996.

4. Directive 95/28/EC of the European Parliament and of the Council of 24th October 1995 (O.J.L281, 23.11.95, p.1).

5. Council Directive 74/61/EEC of 17th December 1973 (O.J. L38, 11.2.74, p.22).

Commission Directive 95/56/EC of 8th November 1995 (O.J. L286, 29.11.95, p.1).

6. Council Directive 72/245/EEC of 20th June 1972 (O.J. L152, 6.7.72, p.15).

Commission Directive 89/491/EEC of 17th July 1989 (O.J. L238, 15.8.89, p.43) and Commission Directive 95/54/EC of 31st October 1995 (O.J. L266, 8.11.95, p.1).

7. Council Directive 70/157/EEC of 6th February 1970 (O.J. L42, 23.2.70, p.16).

Council Directive 92/97/EEC of 10th November 1992 (O.J. L371, 19.12.92, p.1) and Commission Directive 96/20/EC of 27th March 1996 (O.J. L92, 13.4.96, p.23).
(2)

S.I. 1979/1088; relevant amending instruments are S.I.1981/126, 1982/1479, 1983/1602 and 1989/1014.


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