
1 
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.
2 
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
3 
In regulation 3, before paragraph (3), there shall be inserted the following paragraph—“
(2A) Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.”.
4 

(1) Regulation 61 shall be amended as follows.
(2) In paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph—“
(b) if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.”.
(3) In paragraph (7), after “(7A),”, there shall be inserted “(7B), (7C), (7D),”.
(4) After paragraph (7A), there shall be inserted the following paragraphs—“
(7B) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
(7C) In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
(7D) For the purposes of paragraph (7C) above, in relation to a vehicle (“the vehicle in question”),—
(a) “specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both—
(i) manufactured by the manufacturer of the vehicle in question; and
(ii) registered under the Vehicles (Excise) Act 1971 during the period beginning with 1st October 1992 and ending with 30th September 1993;
or 50 whichever is the greater; and
(b) “a relevant vehicle” is a vehicle which—
(i) is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations;
(ii) was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993;
(iii) was in the territory of a member State at some time before 1st October 1993;
(iv) was in existence on 1st October 1993; but
(v) had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993.”.
(5) In paragraph (11)(c), for “or 10” there shall be substituted “, 10 or 11”.
(6) In column 4 of item 3 of Table I, sub-paragraph (b) shall be omitted.
(7) For Table II, there shall be substituted the Table set out in the Schedule to these Regulations.
5 

(1) In Table I of Schedule 2, after item 67, there shall be inserted the following item—“
68 93/59 28.6.93 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458 and 91/441 4K 2I”
(2) In Table II of Schedule 2—
(a) after item 21AA there shall be inserted the following item—“
21AB 49.02 49 15.4.82 Emissions of gaseous pollutants 30.12.92”
(b) after item 24 there shall be inserted the following items—“
25 83 83 5.11.89 Emissions of gaseous pollutants — 4F 2H
26 83.01 83 5.11.89 Emissions of gaseous pollutants 30.12.92 4K 2F”
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993
THE SCHEDULE
Regulation 4
“

TABLE II
(1) Item (2) Class of Vehicle (3) Date of First Use (4) Design, construction and equipment requirements
(a) Instrument (b) Place in instrument where requirements are stated (5) Vehicles exempted from requirements (6) Emitted substances
1 Vehicles propelled by a spark ignition engine. 1st October 1982 Community Directive 78/665orECE Regulation 15.03 Annex I, paragraphs 3 and 5.Paragraphs 5, 8 and 11. 
(a) A vehicle whose maximum gross weight exceeds 3,500kg;
(b) A vehicle which complies with the requirements of item 2, 4, 5, 8, or 11;
(c) A vehicle whose maximum speed is less than 50km/h;
(d) An exempt vehicle. Carbon monoxide, hydrocarbons and oxides of nitrogen.
2 All vehicles. 1st April 1991 Community Directive 83/351orECE Regulation 15.04 Annex I, paragraphs 5, 7 and 8.Paragraphs 5, 8 and 12. 
(a) A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500kg;
(b) A vehicle which complies with the requirements of item 4, 5, 8 or 11;
(c) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, or 10;
(d) An industrial tractor, works truck or engineering plant;
(e) A vehicle whose maximum speed is less than 50km/h;
(f) An exempt vehicle. Carbon monoxide, hydrocarbons and oxides of nitrogen.
3 Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine. 1st April 1993 ECE Regulation 49 Paragraphs 5 and 7. A vehicle which complies with the requirements of item 6, 9, 10 or 11. Carbon monoxide, hydrocarbons and oxides of nitrogen.
4 Passenger vehicles which—
(a) are constructed or adapted to carry not more than 5 passengers excluding the driver, and
(b) have a maximum gross weight of not more than 2,500kg, not being off-road vehicles. 1st April 1991 Community Directive 88/76orCommunity Directive 89/458orECE Regulation 83 Annex I, paragraphs 5, 7 and 8.Annex I, paragraphs 5, 7 and 8.Paragraphs 5, 8 and 13. 
(a) A vehicle which complies with the requirements of item 2, 8 or 11;
(b) A vehicle whose maximum speed is less than 50km/h;
(c) An exempt vehicle. Carbon monoxide, hydrocarbons and oxides of nitrogen.
5 Vehicles which are not of a description specified in this column in item 4 but which—
(a) are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000kg,
or
(b) are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500kg. 1st April 19921st April 1991 Community Directive 88/76orECE Regulation 83 Annex I, paragraphs 5, 7 and 8.Paragraphs 5, 8 and 13. 
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10, or 11;
(b) An industrial tractor, works truck or engineering plant;
(c) A vehicle whose maximum speed is less than 50km/h;
(d) A vehicle which complies with the requirements of item 8;
(e) An exempt vehicle. Carbon monoxide, hydrocarbons and oxides of nitrogen.
6 All vehicles propelled by compression ignition engines. 1st April 1991 Community Directive 88/77orECE Regulation 49.01 Annex I, paragraphs 6, 7 and 8.Paragraphs 5, 6 and 7. 
(a) A vehicle whose maximum gross weight is less than 3,500kg and which complies with the requirements of item 2;
(b) A vehicle which complies with the requirements of item 4, 5, 8, 9, 10 or 11;
(c) A fire appliance which is first used before 1st October 1992;
(d) An industrial tractor, works truck or engineering plant;
(e) An exempt vehicle. Carbon monoxide, hydrocarbons and oxides of nitrogen.
7 Passenger vehicles which—
(a) are constructed or adapted to carry not more than 5 passengers excluding the driver,
(b) have a maximum gross weight of not more than 2,500kg,
and
(c) are propelled by a compression ignition engine of the indirect injection type. 1st April 1991 Community Directive 88/436 Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions. 
(a) A vehicle which complies with the requirements of item 8 or 11;
(b) A vehicle whose maximum speed is less than 50km/h;
(c) An off-road vehicle;
(d) An exempt vehicle. Particulates
8 All vehicles. 31st December 1992 Community Directive 91/441orECE Regulation 83.01 Annex I, paragraphs 5, 7 and 8.Paragraphs 5, 8 and 13. 
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which—
(i) complies with the requirements of item 6 and is first used before 1st October 1993, or
(ii) complies with the requirements of item 9, 10 or 11;
(b) An industrial tractor, works truck or engineering plant;
(c) A vehicle whose maximum speed is less than 50km/h;
(d) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
9 All vehicles propelled by a compression ignition engine. 1st October 1993 Community Directive 91/542orECE Regulation 49.02 Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1). 
(a) A vehicle which complies with the requirements of item 8, 10 or 11;
(b) An industrial tractor, works truck or engineering plant;
(c) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
10 All vehicles propelled by a compression ignition engine. 1st October 1996 Community Directive 91/542orECE Regulation 49.02 Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1). 
(a) A vehicle which complies with the requirements of item 8 or 11;
(b) An industrial tractor, works truck or engineering plant;
(c) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
11 All vehicles. 1st October 1994 Community Directive 93/59 Annex I, paragraphs 5, 7 and 8. 
(a) A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9 or 10;
(b) An industrial tractor, works truck or engineering plant;
(c) Vehicles whose maximum speed is less than 50km/h;
(d) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.”