European Communities (Vehicle Testing) (Amendment) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Vehicle Testing) (Amendment) Regulations 2011.
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paragraphs: (1) These Regulations (other than Regulation 3(6)) come into operation on 1 March 2012.
(2) Regulation 3(6) comes into operation on 31 December 2011.
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paragraphs: In these Regulations, “Principal Regulations” means the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ), as amended by the European Communities (Vehicle Testing) (Amendment) Regulations 2007 ( S.I. No. 709 of 2007 ) and the European Communities (Vehicle Testing) (Amendment) Regulations 2008 ( S.I. No. 311 of 2008 ).
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paragraphs: (1) Regulation 2(1) of the Principal Regulations is amended—
(a) by inserting after the definition of “articulated vehicle” the following definition—
“ ‘authorisation plate’ has the meaning assigned to it by Regulation 4 of the European Communities (Proof of Compliance) Regulations 2000 ( S.I. No. 223 of 2000 );”
(b) by inserting after the definition of “authorised tester” the following definition—
“ ‘biennial’ means a date that is one or more periods of two years after a test due date;”,
(c) by deleting the definition of “Council Directive”,
(d) by inserting after the definition of “design gross weight” the following definition—
“ ‘Directive’ means Directive 2009/40/EC of the European Parliament and of the Council of 6 May 20091 , as amended by Commission Directive 2010/48/EU of 5 July 20102 ;”,
(e) by inserting after the definition of “licensing authority” the following definitions—
“ ‘livestock’ means cattle, sheep, swine, horses and all other bovine and equine animals, poultry, goats and deer, not in the wild state;
‘living van’ means a vehicle, whether mechanically propelled or not, which is used as living accommodation by one or more persons and which is also used for the carriage of goods or burden (including livestock and more than one motor cycle) which are not needed by such one or more persons for the purpose of their residence in the vehicle;”,
(f) by substituting for the definition of “Minister” the following definition—
“ ‘Minister’ means the Minister for Transport, Tourism and Sport;”,
(g) by inserting after the definition of “Minister” the following definition—
“ ‘motor caravan’ has the meaning given to it in Annex II of the Type-approval Framework Directive;”,
(h) in the definition of “first registered” (inserted by Regulation 2 of the European Communities (Vehicle Testing) (Amendment) Regulations 2008 ( S.I. No. 311 of 2008 )), by inserting after subparagraph (b) “and ‘first registration’ is to be read accordingly”,
(i) by substituting for the definition of “re-test” the following definition—
“ ‘re-test’ means a subsequent test carried out on a vehicle under these Regulations, following the refusal of a certificate of roadworthiness in respect of that vehicle, where—
(a) the re-test is carried out on a day that is not more than 21 calendar days after the day on which the certificate of roadworthiness was refused, and
(b) the reading on the vehicle’s odometer at presentation for the retest has increased by not more than 4,000 kilometres on the odometer reading at the time the certificate of roadworthiness was refused;”,
(j) by inserting after the definition of “trained person” the following definition—
“ ‘Type-approval Framework Directive’ means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 20073 , as amended by Commission Regulation (EC) No. 1060/2008 of 7 October 20084 , Regulation (EC) No. 78/2009 of the European Parliament and of the Council of 14 January 20095 , Regulation (EC) No. 79/2009 of the European Parliament and of the Council of 14 January 20096 , Commission Regulation (EC) No. 385/2009 of 7 May 20097 , Regulation (EC) No. 595/2009 of the European Parliament and of the Council of 18 June 20098 , Regulation (EC) No. 661/2009 of the European Parliament and of the Council of 13 July 20099 , Commission Directive 2010/19/EU of 9 March 201010 , Commission Regulation (EU) No. 371/2010 of 16 April 201011 , Commission Regulation (EU) No. 183/2011 of 22 February 201112 , Commission Regulation (EU) No 582/2011 of 25 May 201113 and Commission Regulation (EU) No. 678/2011 of 14 July 201114 ;”.
(2) Regulation 2 of the Principal Regulations is amended by inserting after paragraph (3) the following—
“(4) The notations M2, M3, N1, N2, N3, O3 and O4 and the terms ‘special purpose’ and ‘category M’ have the meaning given to them in Annex II of the Type-approval Framework Directive.”
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paragraphs: Regulation 3 of the Principal Regulations is amended—
(a) by substituting for paragraph (1) the following—
“(1) Subject to paragraph (2), these Regulations apply to—
(a) vehicles, used for the carriage of passengers, with more than eight seats, excluding the driver’s seat (categories M2 and M3),
(b) goods vehicles (categories N1, N2 and N3),
(c) goods trailers (categories O3 and O4),
(d) ambulances (special purpose vehicles in category M), and
(e) motor caravans first registered on or after 1 January 1980 (special purpose vehicles in category M).”
(b) by inserting after paragraph (2) the following—
“(3) For the avoidance of doubt, a living van is a goods vehicle for the purpose of these Regulations.”
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paragraphs: The Principal Regulations are amended by substituting for Regulation 4 the following—