BM Catalysts are delighted that the 103R legislation will soon be implemented, but like the Department for Transport (DfT) and the VCA (enforcement body) we understand that you will need some time to adjust, so support the 3 month education period that the VCA will be implementing for distributors.  As part of their education period that runs up until the 13^th November the VCA have released a leaflet explaining the regulations.  To download the leaflet, follow the link from our Type Approval page. 

While the EU Directive prevented any sell through period being built directly into the legislation we and other manufacturers supported a sell through period for distributors which the Minister has taken on board by instructing the VCA to provide a 3 month education period for Distributors but not Manufacturers.  Please read sections 4.1 to 4.7 of http://www.dft.gov.uk/consultations/closed/devices/responses.pdf for all the information on how we and other manufacturers approached a sell through period for you. 

In all conversations and contact with the DfT and VCA they have made it very clear that enforcement will be implemented for Manufacturers and importers from 13^th August but they will not be directly contacting any distributors for enforcement reasons.  After the initial 3 month education period which is expected to finish 13^th November the VCA will then be enforcing the legislation with the whole of the market place.

Statement released by Toby Massey, Commercial Director.

The DFT have received the legislation back from the Minister and there are two major developments from how the legislation was first presented. 

1)      Although the implementation date of the 103R legislation for manufacturers and importers is 13^th August, distributors, motor factors and garages will have a period of education until 13^th November. This means as a distributor you will not be able to purchase non approved product for relevant parts from us after 13^th August but the VCA will be focusing on educating the market place of their obligations regarding 103R up until 13^th November.  After 13^th November the VCA will be focusing on enforcing the regulations with all manufacturers, importers, distributors and garages.  The relevant extract from the DFT explaining this is below with the important points highlighted. 

“The Vehicle Certification Agency (VCA), as the Department's enforcement body, will initially focus its enforcement resources on investigating compliance by manufacturers and importers with the regulations in respect of the entering into the supply chain of compliant product.

Since, awareness of the regulations amongst retailers and distributors appears to be limited, VCA will, in parallel, undertake a campaign to educate distributors and retailers of their obligations under the Regulations. After a period of 3 months following entry into force of the Regulations, the enforcement policy of the VCA will begin to apply an equal focus on investigating compliance by manufacturers, importers, distributors and retailers in their respective roles.”

2)      The legislation now applies to vehicles first registered 01/03/01 onwards. This means that all Y reg vehicles onwards will require a Type Approved cat fitted to it.

Statement released by Toby Massey, Commercial Director

Statement released by Mark Blinston, Sales and Marketing Director

The DfT have now passed the legislation to the Minister for approval. How long the Minister takes to sign the legislation is dependant on if he requires more information and if he wishes to make changes. The DfT have advised that they don't expect to receive anything until at least Tuesday (14/07/09). Once the Minister has signed the legislation we will then be informed by the DfT of any changes. The earliest possible date the legislation can now be implemented is 11th August 2009.

Statement released by Toby Massey, Commercial Director

We have now had confirmation from the DfT that the legislation documentation has come back from the Lawyers. It will now be passed to the Minister for him to sign. Unfortunately, we cannot anticipate how long this process will take, he could still make changes to the legislation before signing it off. However, we do now know that the earliest possible date the legislation can come into force is 3^rd August 2009.

Statement released by Toby Massey, Commercial Director