Motor Cycles (Eye Protectors) (Amendment) Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 146

ROAD TRAFFIC AND VEHICLES

Motor Cycles (Eye Protectors) (Amendment) Regulations (Northern Ireland) 2001

Made

30th March 2001

Coming into operation

14th May 2001

The Department of the Environment, in exercise of the powers conferred on it by Articles 29(1) 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, and commencement

1.  These Regulations may be cited as the Motor Cycles (Eye Protectors) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 14th May 2001.

Amendment of the Motor Cycles (Eye Protectors) Regulations (Northern Ireland) 2000

2.—(1) The Motor Cycles (Eye Protectors) Regulations (Northern Ireland) 2000(2) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1 (citation, commencement and interpretation), for paragraph (2) there shall be substituted—

“(2) In these Regulations—

“ECE Regulation 22” means Regulation No. 22 set out in Addendum 21 to the UN ECE Agreement;

“ECE Regulation 22.05” means ECE Regulation 22 as amended by the 05 series of amendments and all previous amendments in operation on 14th May 2001;

“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(3);

“eye protector” means an appliance designed or adapted for use with any headgear or by being attached to or placed upon the head by a person driving or riding on a motor bicycle and intended for the protection of the eyes;

“motor bicycle” means a two-wheeled motor cycle, whether or not having a side-car attached, and for the purposes of this definition, where the distance measured between the centre of the area of contact with the road surface of any two wheels of a motor cycle is less than 460 millimetres, those wheels shall be counted as one wheel;

“the UN ECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended(4) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.”.

(3) In regulation 2(1) (prescribed types of authorised eye protector) after sub-paragraph (a) there shall be inserted—

“(aa) those which conform with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation;”.

Sealed with the Official Seal of the Department of the Environment on 30th March 2001.

L.S.

Sam Foster

Minister of the Environment

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Motor Cycles (Eye Protectors) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 161) (“the 2000 Regulations”).

Regulation 2(2) substitutes paragraph (2) of regulation 1 of the 2000 Regulations and inserts definitions of “ECE Regulation 22”, “ECE Regulation 22.05” and “the UN ECE Agreement”.

Regulation 2(3) adds, as a new prescribed type of authorised eye protector, those protectors which conform with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation. Only these eye protectors and the other types of eye protector prescribed by regulation 2 of the 2000 Regulations may be sold as being authorised for use by motorcyclists.

These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. 1998 No. L204, p. 37).

The requirements for every person driving or riding (otherwise than in a side-car) on a motor bicycle on a road to wear protective headgear are contained in the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 170) as amended by the Motor Cycles (Protective Headgear) (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 147).

Copies of the UN ECE Agreement, ECE Regulation 22 and its amendments including the 05 series of amendments and the Regulations referred to in these Regulations and this Explanatory Note 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.R. 2000 No. 161

(3)

Cm 2073 and 2183

(4)

Cm 2535 and 3562