Motor Vehicles (Construction and Use) (Amendment No. 3) Regulations (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 104

ROAD TRAFFIC AND VEHICLES

Motor Vehicles (Construction and Use) (Amendment No. 3) Regulations (Northern Ireland) 1999

Made

9th March 1999

Coming into operation

20th April 1999

The Department of the Environment, in exercise of the powers conferred on it by Articles 55(1) 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 No. 3) Regulations (Northern Ireland) 1999 and shall come into operation on 20th April 1999.

(2) In these Regulations—

• “EC certificate of conformity” and “light passenger vehicle” have the same meaning as in Article 31(A)(7) of the Road Traffic (Northern Ireland) Order 1981(2);

• “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(3).

New regulation 83B (use of mechanical coupling devices)

2.  After regulation 83A of the principal Regulations there shall be inserted the following—

“Use of mechanical coupling devices

83B.— (1) This regulation applies to every light passenger vehicle first used on or after 20th April 1999 in respect of which an EC certificate of conformity has effect.

(2) No person shall use or cause or permit to be used on a road any vehicle to which this regulation applies unless any mechanical coupling device which is attached to it complies with the relevant technical and installation requirements of Annexes I, V, VI and VII of Community Directive 94/20(4) and is marked in accordance with sub-paragraphs 3.3.4 to 3.3.5 of Annex I to that Directive.

(3) For the purposes of this regulation, in a case where a vehicle is drawing a trailer a mechanical coupling device shall not be regarded as being attached to that vehicle if it forms part of the trailer.

(4) In this regulation “mechanical coupling device” shall be construed in accordance with paragraph 2.1 of Annex I to Community Directive 94/20.”.

Amendment to Schedule 1

3.  In Table 1 of Schedule 1 to the principal Regulations, after item 67(5), there shall be inserted the following item—

“67A

94/20

30.5.94

L195, 29.7.94, p. 1

Mechanical coupling devices of motor vehicles and their trailers”.

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

L.S.

J. Ritchie

Assistant Secretary

9th March 1999.

Explanatory Note

(This note is not part of the Regulations.)

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

Regulation 2 inserts a new regulation 83B in relation to the use of a light passenger vehicle, first used on or after 20th April 1999 and in respect of which an EC certificate of conformity has effect under the terms of European Whole Vehicle Type Approval, if it is fitted with any mechanical coupling device.

The effect of the new regulation is to make it unlawful to use or cause or permit such a vehicle to be used on a road unless any mechanical coupling device attached to it complies with the relevant technical, installation and marking requirements of Directive 94/20/EC of the European Parliament and of the Council relating to mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles. In a case where a vehicle is drawing a trailer, a mechanical coupling device shall not be regarded as being attached to the vehicle if it forms part of the trailer.

Regulation 3 makes a consequential amendment to Table I of Schedule 1 to the 1989 Regulations.

A copy of Directive 94/20/EC (O.J. No. L195, 29.7.94, p. 1) can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.

(1)

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

(2)

S.I. 1981/154 (N.I. 1); Article 31(A) was inserted by S.I. 1985/755 (N.I. 6), Article 3 and amended by S.R. 1993 No. 246, regulation 4

(3)

S.R. 1989 No. 299, to which there are amendments not relevant to these regulations

(4)

“Community Directive” is defined in regulation 2(2) of, and Table I of Schedule 1 to, the Motor Vehicles (Construction and Use) Regulations 1989. Table I of Schedule I is amended by regulation 3 of these Regulations

(5)

Item 67 was inserted by S.R. 1994 No. 231, regulation 3(1)