The Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009
Made
Laid before Parliament
Coming into force
14th July 2009
16th July 2009
13th August 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).
He is designated(2) for the purposes of section 2(2) in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme.
These Regulations may be cited as the Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009 and come into force on 13th August 2009.
“EC certificate of conformity” has the meaning given in regulation 3 of the Motor Cycles Etc (EC Type Approval) Regulations 1999(3);
“enforcement authority” means the Secretary of State;
“original replacement catalytic converter” has the meaning given by section 1.6 of Annex I to the Vehicle Emissions Chapter;
“replacement catalytic converter” has the meaning given in section 1.5 of Annex I to the Vehicle Emissions Chapter;
“relevant vehicle” means a vehicle which is subject to an EC certificate of conformity where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Chapter;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply; and
“the Vehicle Emissions Chapter” means Chapter 5 of Directive 97/24/EC of the European Parliament and of the Council(4).
No person shall supply for installation on a relevant vehicle—
(a)
a catalytic converter, or
(b)
an assembly of catalytic converters,
intended to be used as a replacement part unless it complies with paragraph (2) or (3).
(2)
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which—
(a)
has been clearly and indelibly marked in accordance with section 5.2.1 of Annex I to the Vehicle Emissions Chapter; and
(b)
is accompanied by the information which is specified in section 5.2.2 in the format specified in section 5.2.2.5 of that Annex.
(3)
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which—
(a)
has been clearly and indelibly marked in accordance with section 4 of Annex VII to the Vehicle Emissions Chapter; and
(b)
is accompanied by the information which is specified in section 7.1 in the format specified in section 7.2 of that Annex.
intended to be used as a replacement part unless it complies with paragraph (2) or (3).
(2)
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which—
(a)
has been clearly and indelibly marked in accordance with section 5.2.1 of Annex I to the Vehicle Emissions Chapter; and
(b)
is covered by section 4a of the component type-approval certificate (referred to in Annex VI to the Vehicle Emissions Chapter) issued in respect of the type of vehicle on which it is being installed.
(3)
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which—
(a)
has been clearly and indelibly marked in accordance with section 4 of Annex VII to the Vehicle Emissions Chapter; and
(b)
is being installed on a vehicle of a type covered by point 5 of the type-approval certificate (referred to in Appendix 2 to Annex VII to the Vehicle Emissions Chapter) issued in respect of that replacement catalytic converter.
It shall be the duty of the enforcement authority to enforce these Regulations.
(2)
The Schedule shall have effect with regard to offences, enforcement and other matters.
(3)
Except in paragraph 3(2), a reference in the Schedule to an officer is a reference to any person authorised by the enforcement authority to assist the authority in enforcing these Regulations.
(4)
Proceedings for an offence under these Regulations shall not be brought except by the enforcement authority.
(5)
But nothing in these Regulations shall authorise the enforcement authority to bring proceedings in Scotland for an offence.
Signed by authority of the Secretary of State
14th July 2009
Sadiq Khan
Minister of State
Department for Transport
