Statutory Instrument 1988 No. 1640

The Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1988

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© Crown Copyright 1988

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1988 No. 1640

ROAD TRAFFIC

The Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1988

The Secretary of State for Transport, being a Minister designated^[1] for the purposes of section 2(2) of the European Communities Act 1972^[2] in relation to the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme, in exercise of the powers conferred on him by the said section 2(2), and of all other enabling powers, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1988 and shall come into force on 21st October 1988.

    2.    The Motorcycles (Sound Level Measurement Certificates) Regulations 1980^[3] are hereby amended in accordance with the following provisions of these Regulations.

    3.    In regulation 2(1) —
 (a) the definition of "an affirmative sound level measurement certificate" and the preceding word "and" shall be omitted, and
 (b) in the definition of "the Council Directive" there shall be inserted after the words "23rd November 1978" the words "as amended by Council Directive 87/56/EEC of 18th December 1986"^[4].

    4.    In regulation 4(1) for the words "specifying, in particular, whether or not" there shall be substituted the words "stating that".

    5.    In regulations 4(2) to (4), 5(1), 7(1)(a), 8(1) and 9(3)(b) for the words "an affirmative sound level certificate" wherever they occur there shall be substituted the words "a sound level measurement certificate".

    6.    In the form specified in Schedule 2:—
 (a) in the heading, after "23rd November 1978" there shall be inserted "as amended by Council Directive 87/56/EEC of 18th December 1986";
 (b) for paragraph 6 there shall be substituted —
    "6.    The type of motorcycle conforms with the requirements of Council Directive 78/1015/EEC as amended by Council Directive 87/56/EEC." ;

 (c) at the end of footnote (3), there shall be added "as amended by Directive 87/56/EEC".

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State, Department of Transport

21st September 1988

The Motorcycles (Sound Level Measurement Certificates) Regulations 1980 made provision as required under Council Directive 78/1015/EEC of the 23rd November 1978 (on the approximation of the laws of the Member States on the permissible sound level and the exhaust system of motorcycles) for the issue of sound level measurement certificates to signify whether or not certain types of motorcycles complied with the harmonised requirements specified in that Directive.

These regulations amend the 1980 Regulations as a consequence of Council Directive 87/56/EEC of the 18th December 1986 which amended Council Directive 78/1015/EEC.

As a result of the amendments made to the 1980 Regulations, a sound level measurement certificate will signify that a type of motorcycle complies with the harmonised requirements specified in Council Directive 78/1015/EEC amended as above and the Secretary of State will no longer be required to issue a certificate where a motorcycle does not comply with the harmonised requirements.

[1] S.I. 1972/1811. back

[2] 1972 c. 68. back

[3] S.I. 1980/765. back

[4] O.J. No. L. 24, 27.1.87, p.42. back