The Road Vehicles (Construction and Use) Regulations 1986
1. Introduction and Summary
This assessment estimates the costs and benefits associated with amending Regulation 60 of The Road Vehicles (Construction and Use) Regulations 1986 which deals with Radio Interference Suppression. The amendments relate to electrical/electronic sub assemblies (ESA). There will be no change to the requirements to be met by vehicles.
It reflects the response to the public consultation document containing the draft regulations and published on 12 March 2002.
2. Purpose and Intended Effect of the Measure
Under the current wording of Regulation 60, it will be an offence from 1 October 2002 to use a vehicle which has been type approved pursuant to 70/156/EEC (currently this is only possible for passenger cars) if it is fitted with an ESA that has not been approved to the Automotive EMC Directive 95/54/EC.
Despite being given six years to prepare for the implementation of the Directive, it became evident that this had not happened. The Department for Transport received representations about difficulties in meeting the 1 October 2002 deadline.
The Road Vehicles (Construction and Use)(Amendment) (No.3) Regulations 2002 will relax Regulation 60 to allow the continued fitment and use of "legacy" equipment (equipment first sold before 1 October 2002) in vehicles, whether old or new. This will ease the burden, particularly on users of specialised equipment such as the emergency services.
Regulation 60(1)(D) will also be amended, in line with treaty obligations, to accept compliance with ECE Regulation 10.02, as this is the most recent version of Regulation 10.
3. Risks Addressed by the Proposal
Without this amendment to the current wording of Regulation 60, it would be an offence from 1 October 2002 to use a vehicle which had been type approved pursuant to 70/156/EEC (currently only possible for passenger cars) if it was fitted with an ESA that had not been approved to the Automotive EMC Directive 95/54/EC. Relaxing the Regulation will allow the continued fitment and use of "legacy" equipment (equipment first sold before 1 October 2002) in vehicles, whether old or new.
The consultation responses confirmed that without this amendment there was a real possibility that many of the country's emergency services might not be able to comply with the Regulations on 1 October 2002.
There is a small theoretical risk associated with allowing the continued use of "old" equipment in new vehicles, as it could affect the functioning of the vehicle. However, virtually all new passenger cars that have been produced since 1996 have been in compliance with 95/54/EC and therefore have a guaranteed level of immunity. If the legacy equipment has not previously caused any EMC problems, there should be little likelihood that any will emerge with its installation in new vehicles. Major users such as the emergency services are expected to ensure that old equipment is installed in line with recognised procedures and that therefore any risk is minimised.
As a result of the consultation, an exemption for vehicles used by HM Government Law Enforcement Agencies for surveillance purposes has been included because of the specialised nature of equipment which may need to be adapted for a particular operation and/or installed in vehicles at short notice. It is understood that this equipment would be installed by a competent person who had undergone approved training.
Updating Regulation 60(1)(D) to accept compliance with ECE Regulation 10.02, as the most recent version of Regulation 10, will meet our treaty obligations.
4. Options
Three options were considered:
Option 1: Do nothing. This would not relieve the burden of meeting the requirements which come into force on 1 October 2002.
Option 2: Amend Regulation 60 of Construction and Use to allow the fitment and use of legacy equipment. This would be of particular benefit to users of specialist equipment. It would remove the need to replace old equipment or have it approved and marked in accordance with the Directive. It would also allow equipment to be transferred to other vehicles.
Option 3: Amend Regulation 60 of Construction and Use to allow the fitment and use of legacy equipment. At the same time, amend the Regulation to include a reference to UN-ECE Regulation 10.02 which the UK is already obliged to accept. This would avoid potential legal action for failure to recognise UN-ECE Regulation 10.02.
5. Cost and Benefits
Option 1 would have no benefits. Users of European type approved passenger cars that have been retro-fitted with equipment which has not been approved to 95/54/EC will be faced with the cost of either purchasing and installing new equipment by 1 October 2002 or having the existing equipment approved and marked.
Option 2 would save these costs. It is not possible to quantify the total savings. However, the results of the consultation indicated that the Police faced costs of approximately £60 million and the Fire Brigades between £12 m and £24m if the regulations were not amended.
It was clear from the consultation that the utilities would also be severely affected if the regulations were not amended.The estimated investment in Private Mobile Radio Systems installed in vehicles by each of the utilities was in the region of £80 million. Many of these radios could not be used in other applications and thus the investment would be wasted.
As existing equipment may continue to be used, this may have a negative effect on the sales of new equipment. As there will be no need for approval and marking of existing equipment, this will also have an effect on organisations who would remanufacture and test this equipment.
Option 3 will have no extra cost implications, but will satisfy our treaty obligations.
The exemption for HM Government Law Enforcement Agencies engaged in surveillance work, added as a result of the consultation, will avoid difficulties associated with the specialised nature of the equipment or the urgency of the situation for which it is to be used.
6. Compliance
As the intended measure is a relaxation rather than a new or increased burden, questions of compliance do not arise.
7. Impact on Small Businesses
As this is a relaxation rather than an increased burden and will not result in any direct costs, small businesses were not consulted separately.
Small businesses such as taxi firms are expected to benefit in the sense that they will no longer be required to approve or upgrade old equipment, for instance mobile radios, when buying new vehicles but will be able to simply transfer existing equipment across.
However, small businesses may also be among those that will be affected by a theoretical loss of additional business. The consultation did not produce any evidence of this.
8. Consultation
Discussions were held with the Radiocommunications Agency, the Radio Frequency and Communications Planning Branch of the Home Office, various Police forces, the Vehicle Certification Agency and MIRA prior to the public consultation.
The consultation paper was sent to 274 organisations and individuals and it was published on the Department for Transport, Local Government and the Regions' website. 107 responses were received.
As a result of the consultation, the Regulations have been amended to allow vehicles used by law enforcement agencies for surveillance purposes to be fitted with electrical/electronic sub-assemblies which have not been approved to Directive 95/54/EC.
9. Enforcement , Sanctions, Monitoring and Review
Allowing the continued use of legacy equipment, whilst requiring new cars and new equipment to meet the requirements of 95/54, will reduce the burden of enforcement. Producers of new equipment that may potentially be fitted to passenger cars with European type approval must ensure that their product complies with Directive 95/54/EC, as must purchasers of such equipment.
10. Summary and Recommendation
The consultation responses indicated that this amendment is very necessary, otherwise there is a real possibility that many of the country's emergency services and other organisations might not be able to comply with the Regulations on 1 October 2002. The theoretical risk of allowing old equipment to be installed in new vehicles is very small.
It is recommended that the Regulations are amended in line with option 3 with the additional exemption for HM Government Law Enforcement Agencies engaged in surveillance work.
Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the benefits justify the costs.
Signed by the Parliamentary Under Secretary of State
David Jamieson
Department for Transport
Contact points:
Catharine Parton,
Vehicle Standards and Engineering,
Department for Transport,
2/04, Great Minster House,
76 Marsham Street, London SW1P 4DR.
Telephone 020 7944 2114.
Email: catharine.parton@dft.gsi.gov.uk
