
1 
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1997 and shall come into force on 1st August 1997.
2 

(1) The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
(2) The Secretary of State is satisfied that—
(a) it is requisite that the provisions of regulation 3(2) of these Regulations shall apply as from 1st October 1997 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
(b) notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
3 

(1) Regulation 61 shall be amended as follows.
(2) For Table II there shall be substituted the Table set out in the Schedule to these Regulations.
4 

(1) Schedule 7B shall be amended as follows.
(2) For sub-paragraph (b) of paragraph 7 there shall be substituted the following sub-paragraph—“
(b) “the emissions publication” is the publication entitled “In-Service Exhaust Emissions Standards for Road Vehicles (Third Edition)” (ISBN 0–9526457–2–6) published by the Department of Transport.”
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th June 1997
THE SCHEDULE
Regulation 3(2)


TABLE II(regulation 61(3A), (3C), (7), (11) and (12))
(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 3,500 kg;
(b) A vehicle which complies with the requirements of item 2, 4, 5, 8, 11, 12 or 13;
(c) A vehicle whose maximum speed is less than 50 km/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 3,500 kg;
(b) A vehicle which complies with the requirements of item 4, 5, 8, 11, 12 or 13;
(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 50 km/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, 11, 12 or 13. 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 2,500 kg, 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, 11, 12 or 13;
(b) A vehicle whose maximum speed is less than 50 km/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 2,000 kg,or
(b) are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg. 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, 11, 12 or 13;
(b) An industrial tractor, works truck or engineering plant;
(c) A vehicle whose maximum speed is less than 50 km/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 3,500 kg and which complies with the requirements of item 2;
(b) A vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11, 12 or 13;
(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 2,500 kg, 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, 11, 12 or 13;
(b) A vehicle whose maximum speed is less than 50 km/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, 11, 12 or 13;
(b) An industrial tractor, works truck or engineering plant;
(c) A vehicle whose maximum speed is less than 50 km/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, 11, 12 or 13;
(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, 11, 12 or 13;
(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, 10, 12 or 13;
(b) An industrial tractor, works truck or engineering plant;
(c) Vehicles whose maximum speed is less than 50 km/h;
(d) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
12 All vehicles. 1st January 1997 Community Directive 94/12 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, 10, 11 or 13;
(b) An industrial tractor, works truck or engineering plant;
(c) Vehicles whose maximum speed is less than 50 km/h;
(d) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
13 All vehicles. 1st October 1997 Community Directive 96/69 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, 10, or 12;
(b) A vehicle as defined in column 2 of item 14;
(c) An industrial tractor, works truck or engineering plant;
(d) Vehicles whose maximum speed is less than 50 km/h;
(e) An exempt vehicle. Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
14 Vehicles falling within
(a) Class II or III, as specified in the Annex to Community Directive 96/69, of category N1, or
(b) Category M and specified in footnote (2) of that Annex.Note: references to categories M and N1 are to those categories as specified in Annex II of the Framework Directive. 1st October 1998 Community Directive 96/69 Annex 1, paragraphs 5, 7 and 8.  Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.