S.I. No. 448/2007 - European Communities (Mechanically Propelled Vehicle Entry Into Service) Regulations 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th July, 2007.

I, NOEL DEMPSEY, 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 further effect to Commission Directive 98/12/EC of 27 January 1998 ¹ , Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 ² , Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 ³ , Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 ⁴ , Directive 2004/3/EC of the European Parliament and of the Council of 11 February 2004 ⁵ , Commission Directive 2005/49/EC of 25 July 2005 ⁶ , Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 ⁷ , Commission Directive 2005/78/EC of 14 November 2005 ⁸ , Commission Directive 2006/51/EC of 6 June 2006 ⁹ and Council Directive 2006/96/EC of 20 November 2006 ¹⁰ , 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 (Mechanically Propelled Vehicle Entry into Service) Regulations 2007.

2. (1) In these Regulations—

“authorised person” means a person authorised by the Minister under Regulation 13 or an officer of the Revenue Commissioners authorised under section 858 of the Taxes Consolidation Act 1997 ;

“category M2” has the meaning assigned to it in paragraph 1 of Annex II A to the Commission Directive;

“category M3” has the meaning assigned to it in paragraph 1 of Annex II A to the Commission Directive;

“category N1” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“category N2” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“category N3” has the meaning assigned to it in paragraph 2 of Annex II A to the Commission Directive;

“certificate of conformity” means the certificate for a vehicle issued by a manufacturer or distributor under Regulation 5(1) in the form set out in Schedule 3 and for the time being in force;

“Commission Directive” means Commission Directive 2001/116/EC of 20 December 2001 ¹¹ ;

“Council Directive” means Council Directive 70/156/EEC of 6 February 1970 ¹² , as amended by Council Directive 78/315/EEC of 21 December 1978 ¹³ , Council Directive 78/547/EC of 12 June 1978 ¹⁴ , Council Directive 80/1267/EEC of 16 December 1980 ¹⁵ and Council Directive 87/358/EEC of 25 June 1987 ¹⁶ ;

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

“end-of-series vehicle” means a new vehicle—

(a) conforming with a type of vehicle for which a type-approval certificate was issued in respect of a matter specified in column (2) of Schedule 1 or Schedule 2, as the case may be, for the vehicle type to which the vehicle purports to conform but which type-approval is no longer valid due to the coming into force of a requirement of the Council Directive, or the separate directives or an amendment thereto, in respect of that matter and but for which requirement the type-approval would still be valid, and

(b) the vehicle was in the territory of the European Community and was accompanied by the certificates of conformity required for such vehicles under these Regulations but had not been registered or put into service before the type-approval, as referred to in paragraph (a), lost its validity;

“mechanically propelled vehicle” means a vehicle (with or without bodywork) propelled either by 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 Minister for Transport;

“new vehicle” means a mechanically propelled vehicle of category M2, M3, N1, N2 or N3 which has not been previously registered but, in the case of a vehicle previously registered outside the European Community, includes such vehicle unless it was first registered more than 3 months previously and continued to be registered for a period of not less than 3 months;

“registration” means registration of a vehicle in the State under section 131 of the Finance Act 1992 (No. 9 of 1992) or registration of a vehicle outside the State under a corresponding law;

“separate directives” means the directives as specified in column (3) of Schedule 1 or Schedule 2, as appropriate, which deal with the matters specified in column (2) of such Schedule;

“short form of the 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—

(a) the particulars of the vehicle, and

(b) the statutory instrument number of this instrument or, where this instrument is amended, the number of the latest statutory instrument amending this instrument in force at the time of the making of the declaration, as affirmation that the vehicle meets the requirements of Regulation 7 or has been granted an exemption under Regulation 11;

“type-approval certificate” means a type-approval certificate issued in accordance with a separate directive in the form provided in an Annex to such directive or in an Appendix to such Annex.

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

3. These Regulations apply to new vehicles in categories M2, M3, N1, N2 and N3 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. (1) Subject to paragraphs (2) and (3), for the purpose of a declaration for registration in the State in respect of a new vehicle, a certificate of conformity shall be required, where the vehicle is fitted—

(a) with a positive ignition engine, in respect of each Directive mentioned in column (3) of Schedule 1, and

(b) with a compression ignition engine, in respect of each Directive mentioned in column (3) of either Schedule 1 or Schedule 2.

(2) Where a date is specified in column (4) of either Schedule 1 or 2 at any reference number for a Directive specified in column (3), that date is the date from which a certificate of conformity is required for a declaration for registration in the State.

(3) A certificate of conformity shall not be required in respect of the matters specified—

(a) in column (2) for the Directive specified in column (3) opposite reference number 4 mentioned in column (1) of either Schedule 1 or 2 for the registration of a new vehicle of category M2, M3 or N1, or off-road new vehicles of categories N2 or N3 (symbol G), or new vehicles of categories N2 or N3 where such vehicles are certified by the manufacturer, or the distributor on his or her behalf, as being vehicles such that their use is incompatible with front underrun protection,

(b) in column (2) for the Directive specified in column (3) opposite reference number 5 mentioned in column (1) of either Schedule 1 or 2 for the registration of a new vehicle other than a new vehicle of category N1 which is derived from a vehicle of category M1,

(c) in column (2) for the Directive specified in column (3) opposite reference number 7 mentioned in column (1) of either Schedule 1 or 2 for the registration of a new vehicle of category N1 on or before 25 January 2010,

(d) in column (2) for the Directive specified in column (3) opposite reference number 8 mentioned in column (1) of either Schedule 1 or 2 for the registration of—

(i) new vehicles, other than vehicles of category N1 with a reference mass not exceeding 1305 Kg, or

(ii) with effect from 1 January 2008, new vehicles other than vehicles of category N1,

and

(e) in column (2) for the Directive specified in column (3) opposite reference number 12 of either Schedule 1 or 2 for the registration of new vehicles other than vehicles of category N1.

5. (1) Notwithstanding Regulation 8 of the European Communities (Motor Vehicles Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 ) and subject to paragraph (2) and Regulation 4(2) and (3), the manufacturer or distributor of a new vehicle for which a declaration is to be made for registration in the State shall complete a certificate of conformity, where the vehicle is fitted with—

(a) a positive ignition engine, in respect of each matter specified in column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 1, opposite that reference number, or

(b) a compression ignition engine, in respect of each matter specified in either—

(i) column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 1, opposite that reference number, or

(ii) column (2) at a reference number mentioned in column (1) for a Directive specified in column (3), of Schedule 2, opposite that reference number,

by reference to the relevant separate directive in respect of which a type-approval certificate for the time being in force is held for the vehicle type to which the vehicle purports to conform.

(2) A certificate of conformity shall not be issued for a vehicle in respect of any of the separate directives unless the manufacturer or distributor of the vehicle in question holds a type-approval certificate for the vehicle type for the time being in force for the directive concerned.

6. A certificate of conformity shall be printed on paper protected either by coloured graphics or watermarked with the vehicle manufacturer’s identification mark.

7. Subject to Regulation 8, the manufacturer or distributor of a new vehicle, being the holder of each of the relevant certificates of conformity completed in respect of that vehicle, in regard to each of the separate directives, as required under Regulation 4, shall, in case a declaration for registration is being made in respect of that vehicle to the Revenue Commissioners—

(a) retain the certificates of conformity in a secure place,

(b) complete a short form of the certificate of conformity, and

(c) issue it to the Revenue Commissioners.

8. A manufacturer or distributor shall not complete a short form of the certificate of conformity in respect of a new vehicle unless—

(a) the requirements of Regulations 4, 5, 6 and 7 have been complied with,

(b) the vehicle is a vehicle which is not fitted with brake linings containing asbestos, and

(c) where the registration of the vehicle is effected on or after 1 July 2013, the vehicle is a vehicle which is not equipped with 24 GHz short-range radar equipment.

9. (1) Subject to Regulation 11 and to paragraphs (2) and (3), new vehicles to which these Regulations apply may not be presented for first registration in the State and may not be allowed entry into service unless they comply with—

(a) Regulations 5 and 7, or

(b) Regulations 5 and 10,

as appropriate.

(2) New vehicles to which these Regulations apply fitted with brake linings containing asbestos may not be presented by a person for registration in the State.

(3) With effect from 1 July 2013, new vehicles to which these Regulations apply, equipped with 24 GHz short-range radar equipment, may not be presented by a person for registration in the State.

10. (1) Save where the short form of the certificate of conformity is completed by a manufacturer or distributor in respect of a new vehicle and issued to the Revenue Commissioners pursuant to Regulation 7, the person making a declaration for registration of that vehicle to the Revenue Commissioners shall, in respect of that vehicle—

(a) submit a certificate of conformity to the Revenue Commissioners in respect of each of the matters specified under Regulation 4, and

(b) submit written confirmation from the manufacturer—

(i) that the vehicle is a vehicle which is not fitted with brake linings containing asbestos, and

(ii) where the registration of the vehicle is effected on or after 1 July 2013, the vehicle is a vehicle which is not equipped with 24 GHz short-range radar equipment.

(2) A person shall not supply or offer for sale a new vehicle to which these Regulations apply, for which a declaration is to be made to the Revenue Commissioners, unless the vehicle—

(a) (i) is a vehicle in respect of which a certificate of conformity for each of the relevant separate directives has been completed as required by these Regulations, or

(ii) is an end-of-series vehicle which has been granted an exemption under Regulation 11,

(b) is a vehicle which is not fitted with brake linings containing asbestos, and

(c) with effect from 1 July 2013, is a vehicle which is not equipped with 24 GHz short-range radar equipment.

(3) A person who contravenes paragraph (2) commits an offence.

11. (1) The Minister may, upon the application of a manufacturer or a distributor on behalf of a manufacturer, in respect of an end-of-series vehicle, in accordance with Regulation 12, grant an exemption, whereby a certificate of conformity issued for the said vehicle when a type-approval in respect of a matter specified in column (2) of Schedule 1 or Schedule 2, as the case may be, for the vehicle type to which the vehicle purports to conform was still valid, shall be acceptable for the purpose of making a declaration for registration in the State, for a period of 12 months from the date the vehicle first became an end-of-series vehicle.

(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 30 per cent of the vehicles of all types concerned which were registered in the State in the 12 month period preceding the day the relevant type-approval ceased to be valid, or

(b) the number of vehicles of any one type for which the relevant certificates of conformity were issued on or after the date of manufacture and which remained in force for at least 3 months after their date of issue,

whichever is the greater.

(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.

12. (1) An application for an exemption under Regulation 11 shall 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 and details of the requirement but for which the relevant certificate of conformity would still be in force, citing the particular provision for this requirement,

(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 State in the 12 month period preceding the day the vehicle first became an end-of-series vehicle.

(2) An application in respect of a vehicle under paragraph (1) shall be accompanied by the certificate of conformity for the vehicle which issued when the relevant type-approval for the type of vehicle concerned was still valid.

(3) The Minister may request an applicant for an exemption under Regulation 11 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.

13. (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 858 of the Taxes Consolidation Act 1997 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) one or more of the certificates of conformity that were required to be completed under Regulation 4, or

(ii) one or more of the type-approval certificates for the vehicle type that the vehicle concerned purports to conform to,

(b) enter at any reasonable time any premises or place owned or occupied by a manufacturer of a vehicle or a distributor and search and inspect the premises and any certificates of conformity, any type-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 one or more other authorised persons and, if necessary, by a member or members 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 to comply with any request or requirement made by an authorised person under these Regulations,

(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 by an authorised person to produce, or reasonably expected that he or she would be required to produce,

commits an offence.

14. (1) A person who completes a certificate of conformity other than in accordance with the requirements of Regulation 5 commits an offence.

(2) A person who includes false information in a certificate of conformity knowing that such information is false commits an offence.

(3) A person who completes a short form of the certificate of conformity other than in accordance with the requirements of Regulation 7 commits an offence.

15. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €5,000.

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

16. The following are revoked—

(a) the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2003 ( S.I. No. 551 of 2003 ), and

(b) the European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations 2006 ( S.I. No. 164 of 2006 ), and

(c) the European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) (No. 2) Regulations 2006 ( S.I. No. 542 of 2006 ).

Regulations 4, 5, and 7

SCHEDULE 1

Regulations 4, 5, and 7

SCHEDULE 2

Regulations 4, 5 and 10

SCHEDULE 3

Form of Certificate of Conformity:

The undersigned, ....................................... (Surname and first name)

of.............................................. (Name of manufacturer or distributor)

hereby certifies that the vehicle:

1. Category...................................

2. Class............................. (for a vehicle in Category N1)

3. Make................................

4. Type.................................

bearing the vehicle identification number..................................................

conforms in all aspects to the type approved

at .........................................................................................................

by ........................................................................................

on ...........................................................................................................

and described in Type Approval Certificate Number:

.......................................................................................................................

The vehicle to which the above Type Approval Certificate relates was granted type approval in respect of the following EC Directive.

......................................................................................................

Signed:....................................................... on:.......................................

(Name and signature of certifying person) (Date of certification)

of............................................................... at:.................................

(Position held with manufacturer or distributor) (Place of certification)

GIVEN under my Official Seal,

11 July 2007

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations replace the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2003. ( S.I. No. 551 of 2003 ). The regulations require new vehicles being presented for first registration to have certificates of conformity with specified EU type approval directives and make provision for electronic declaration for registration

As well as compliance with the directives listed in Schedules I and II declarations for registration of vehicles will require to be accompanied with declarations from manufacturers in relation to Directive 98/12/EC, that the vehicle does not have brake linings containing asbestos and, with effect from 1 July 2013, in relation to directive 2005/49/EC, that the vehicle does not have 24 GHz short-range radar. In the case of electronic registrations, these declarations will be implicit in completing the “short form of certificate of conformity”.

The Regulations give effect to the following additional directives—

• Directive 98/12/EC regarding the prohibition on entry into service of vehicles with brake linings containing asbestos.

• Directive 2005/49/EC regarding the prohibition on vehicles fitted with 24 GHz short-range radar equipment.

• Directive 2005/66/EC regarding the requirement that frontal protection systems on small vans must be type approved in accordance with that directive.

• Directives 2005/78/EC and 2006/51/EC regarding implementation and amendments to the provisions of Directive 2005/55/EC relating to gaseous and particulate emissions from engines.

• Directive 2006/96/EC relating to amendment of specified directives in Schedule I and II consequent on the accession of Bulgaria and Romania (technical amendments for the most part adding the relevant numbers for Bulgaria and Romania for the purposes of administrative procedures for type-approval).

The Regulations also clarify the application of the following directives to specified vehicles—

• Directive 2000/40/EC relating to front underrun protection.

• Directive 2003/97/EC relating to mirrors

• Directive 2003/102/EC relating to Pedestrian Protection.

• Directive 2004/3/EC relating to CO2 emissions and fuel consumption.

1 OJ No. L81, 18.3.1998, p. 1

2 OJ No. L203, 10.8.2000, p. 9

3 OJ No. L25, 29.1.2004, p. 1

4 OJ No. L321, 6.12.2003, p. 15

5 OJ No. L49, 19.2.2004, p. 36

6 OJ No. L194, 26.7.2005, p. 12

7 OJ No. L309, 25.11.2005, p. 37

8 OJ No. L313, 29.11.2005, p. 1

9 OJ No. L152, 7.6.2006, p. 11

10 OJ No. L363, 20.12.2006, p. 81

11 OJ No. L18, 21.1.02, p. 1

12 OJ No. L42, 23.2.70, p. 1

13 OJ No. L81, 28.3.78, p. 1

14 OJ No. L168, 26.6.78, p. 39

15 OJ No. L375, 31.12.80, p. 34

16 OJ No. L192, 11.7.87, p. 51