After reading through the charging order I would say you wouldn't pass, while they do mention compression ignition engines technically both petrol and diesel are compression its just with petrol the compression is gained via spark and diesel particulates are entirely different from nOX which I believe is what they actually want to know.
However if you look at the table for after 2012 in theory the p38 because of weights would fall under the 3rd line meaning the limit should be 0.10 rather than the 0.08 they are saying as the limit. Which yours is still above admittedly unless they actually want HC in which case you would be within the 0.10 limit according the the table.
That's how I'm interpreting it anyway, I would say regardless they are probably not placing the P38 in the right weight class most of the time when people are going to them and giving them a somewhat stricter limit and so could be worth pointing out that it should be under the right weight class.
I looked at it that way too and saw this:
"PART 1 EMISSIONS STANDARDS FOR LOW EMISSION VEHICLES 1.——(1) Subject to paragraph (2) a vehicle meets the standards set out in Table 1 if— (a) the vehicle is certified by the appropriate national approval authority as having been manufactured to satisfy the EC emissions standard specified for that vehicle in column (e) of the Table; (b) the vehicle has been adapted, by means of an exhaust after-treatment system or otherwise, so that the limit values for the emission of particulate matter specified for the vehicle in column (f) would not be exceeded during the appropriate test or tests specified in column (g) of the Table; or (c) in respect of all other vehicles, the limit values for the emission of particulate matter specified for the vehicle in column (f) would not be exceeded during the appropriate test or tests specified in column (g) of the Table."
The table specifies weight classes for vehicles of "max Mass" & "Reference Mass" and the P38 (as built) has a Reference Mass of 2200Kg and max permissible mass (laden) of 2750Kg. I think this puts the vehicle in row 3 and as Class M2.
All that is required of the vehicle is to comply with Euro3 emissions standards and emit 0.1g/Km (or less) of Particulate matter. And the Rover supplied CoC says "0".
Well Euro 3 came into being ion Jan 1st 2001 and my vehicle was built before then so it surely cannot apply?
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What is Euro 3 emission standard?
Euro 3 (EC2000)
Applies to all new cars registered from
1 January 2001. Benefits: Introduced separate limits for hydrocarbons and nitrogen oxide emissions for petrol engines, and a separate nitrogen oxide limit for diesel engines. Euro 3 emissions limits (petrol) CO: 2.30g/km HC: 0.20g/km NOx: 0.15g/km.
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So my P38 fails a standard that was created AFTER the vehicle was made.