Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 116

ROAD TRAFFIC AND VEHICLES

Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1998

Made

20th March 1998

Coming into operation

1st May 1998

The Department of the Environment, in exercise of the powers conferred on it by Articles 55(1), (2) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 1st May 1998.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(2).

Amendments to Schedule 9A (exemptions relating to combined transport operations)

2.—(1) Schedule 9A to the principal Regulations shall be amended in accordance with paragraphs (2) to (8).

(2) In paragraph 3(1), at the end of sub-paragraph (b) there shall be inserted—

“; or

(c) to a harbour from which the relevant receptacle is, as part of the operation, to be transported by sea pursuant to a relevant contract made before the journey began; or

(d) from a harbour to which the relevant receptacle has, as part of the operation, been transported by sea.”.

(3) In paragraph 3(2)—

(a) the word “and” at the end of sub-paragraph (a) shall be omitted;

(b) at the end of sub-paragraph (b) for the full stop there shall be substituted a semi-colon; and

(c) after sub-paragraph (b) there shall be inserted—

“(c) if the vehicle is on a journey to a harbour, specifying the harbour, the date the relevant contract was made and the parties thereto; and

(d) if the vehicle is on a journey from a harbour, specifying the harbour and the date and time at which the receptacles were collected from that harbour.”.

(4) In paragraph 6(1), at the end of sub-paragraph (b) there shall be inserted—

“; or

(c) to a harbour from which the relevant receptacle is, as part of the operation, to be transported by sea pursuant to a relevant contract made before the journey began; or

(d) from a harbour to which the relevant receptacle has, as part of the operation, been transported by sea.”.

(5) In paragraph 6(4)—

(a) at the end of sub-paragraph (b) for the full stop there shall be substituted a semi-colon; and

(b) after sub-paragraph (b) there shall be inserted—

“(c) if the vehicle is on a journey to a harbour, specifying the harbour, the date the relevant contract was made and the parties thereto; and

(d) if the vehicle is on a journey from a harbour, specifying the harbour and the date and time at which the receptacles were collected from that harbour.”.

(6) In paragraph 9(1)—

(a) for the definition of “relevant contract” there shall be substituted—

• ““relevant contract” means a contract for the transport of a loading unit—

  (a)

  by railway; or

  (b)

  by sea to a destination outside the British Islands;”; and

(b) in the definition of “relevant receptacle”, after the words “railway vehicles” there shall be inserted “or sea-going vessels”.

(7) In paragraph 9(2), for sub-paragraph (a) there shall be substituted—

“(a) part of the journey is either—

(i) by railway operated by the Northern Ireland Railways Company Limited or on a network operated by the British Railways Board or under a network licence; or

(ii) by sea to or from a destination outside the British Islands.”.

(8) After paragraph 9(5), there shall be added the following sub-paragraph—

“(6) In this Schedule any reference to a harbour means a harbour in Northern Ireland or the Republic of Ireland.”.

Sealed with the Official Seal of the Department of the Environment on

L.S.

J. Ritchie

Assistant Secretary

20th March 1998.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989.

Regulation 2 amends Schedule 9A to those Regulations so as to extend the exemptions in regulations 74(1A), 75(2A) and 78(4) from the weight limits for goods vehicles in favour of combined road and rail transport operations to vehicles carrying goods to or from a harbour in Northern Ireland or the Republic of Ireland, where the goods in question originated from or are intended for a destination outside the British Islands, namely the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland. The conditions applied to vehicles used in combined road and rail transport operations are similarly extended.

(1)

S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department”

(2)

S.R. 1989 No. 299; relevant amending Regulations are S.R. 1994 No. 353 and S.R. 1997 No. 518