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Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 1998

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Replacement of regulation 9 (indication of overall travelling height)

3.  For regulation 9 of the principal Regulations there shall be substituted the following Regulations—

Indication of overall travelling height

9.(1) Subject to the provisions of this regulation, no person shall drive or cause or permit to be driven on a road a motor vehicle with an overall travelling height exceeding 3m unless a notice is displayed in the cab, in such a manner that it can easily be read by the driver, and the notice meets the requirements of paragraph (3).

(2) Subject to the provisions of this regulation, no person shall use or cause or permit to be used on a road a motor vehicle with an overall travelling height exceeding 3m if any letters or numbers are displayed in the cab, otherwise than in a notice which meets the requirements of paragraph (3)—

(a)where they could be read by the driver; and

(b)which could be understood as indicating a height associated with the vehicle or any trailer drawn by it.

(3) The requirements of this paragraph in respect of a notice are that—

(a)the notice gives an indication of vehicle height expressed in feet and inches, or in both feet and inches and in metres;

(b)the numbers giving the indication in feet and inches are at least 40mm tall;

(c)the height expressed in feet and inches and (where applicable) the height expressed in metres are—

(i)if the vehicle is a vehicle to which regulation 9A applies, not less than the predetermined height mentioned in regulation 9A(2)(a) or the overall travelling height (whichever is the greater), or

(ii)if the vehicle is not a vehicle to which regulation 9A applies, not less than the overall travelling height;

(d)if the vehicle is not a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 150mm;

(e)if the vehicle is a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 1m;

(f)if the height is expressed in both feet and inches and in metres, the height expressed in feet and inches and the height expressed in metres do not differ by more than 50mm; and

(g)no other letters or numbers which could be understood as being an indication of any height associated with the vehicle or any trailer drawn by it are displayed in the notice.

(4) Paragraph (1) shall not apply if, having regard to the lengths of road which the driver might drive along in the course of fulfilling the purpose of the journey taking into account any possibility of unforeseen diversions and the driver having difficulty in finding his way, it is highly unlikely that the driver would during the course of the journey encounter any bridge or other overhead structure which does not exceed by at least 1m—

(a)in the case of a vehicle to which regulation 9A applies, the maximum travelling height; or

(b)in any other case, the overall travelling height.

(5) Paragraph (1) shall not apply to a vehicle on a particular journey and at a particular time if—

(a)one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents describe a route or a choice of routes which the driver must take in order to fulfil the purpose of the journey without risk of the vehicle, its load or equipment or any trailer drawn by the vehicle, its load or equipment, colliding with any bridge or other overhead structure; and

(b)the vehicle is on such a route which is so described or is off that route by reaon of a diversion that could not reasonably have been foreseen at the beginning of the journey.

(6) Paragraph (1) shall not apply to a vehicle on a particular journey if—

(a)one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents contain information as to—

(i)the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could pass, and

(ii)the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could not pass,

without the vehicle, its load or equipment or any such trailer, its load or equipment, colliding with any bridge or other overhead structure; and

(b)the information is such that, having regard in particular to the matters referred to in paragraph (7), it would enable any driver to fulfil the purpose of the journey without there being any risk of the vehicle, its load or equipment or any trailer, its load or equipment, colliding with any bridge or other overhead structure while on the journey.

(7) The matters referred to in paragraph (6) are—

(a)the roads which the driver might drive along in the course of fulfilling the purpose of the journey taking into account any possibility of unforeseen diversions and of the driver having difficulty in finding his way;

(b)the height of bridges and other overhead structures that would be encountered were the vehicle to proceed along any of those roads; and

(c)the setting of any device of a description specified in regulation 9A(2).

(8) Paragraphs (1) and (2) shall not apply to a motor vehicle if it has an overall travelling height of not more than 4m and—

(a)it is a vehicle registered or put into circulation in an EEA State and is being used in international traffic; or

(b)it is a motor vehicle drawing a trailer registered or put into circulation in an EEA State and that trailer is being used in international traffic.

(9) For the purposes of this regulation—

(a)“EEA State”, and “high level equipment” and “maximum travelling height” have the meanings given in regulation 9C;

(b)“overall travelling height” in relation to a motor vehicle means—

(i)if it is not drawing a trailer, the overall height for the time being of the vehicle, its equipment and load, or

(ii)if it is drawing one or more trailers, the overall height for the time being of the combination of vehicles, their equipment and loads.

(c)a motor vehicle is a “relevant vehicle” if at any particular time—

(i)the vehicle or any trailer drawn by it is fitted with high level equipment with a maximum height of more than 3m; and

(ii)the overall travelling hight is less than the maximum travelling height.

(10) In paragraph (8), “international traffic” and “registered or put into circulation” have the same meanings as in Article 3 of Community Directive 85/3(1).

Warning devices where certain high level equipment is fitted to a vehicle

9A.(1) Subject to the provisions of this regulation and regulations 9B and 9C, no person shall drive or cause or permit to be driven on a road a vehicle to which this regulation applies unless the vehicle is fitted with a warning device and the requirements specified in paragraph (2) are satisfied in respect of the device, the vehicle and any relevant trailer drawn by the vehicle.

(2) The requirements are—

(a)that the device, the vehicle and any relevant trailer drawn by it shall be so constructed, maintained and adjusted, and the connections between the vehicle and those trailers are such, that the device would give a visible warning to the driver if, whilst the vehicle was being driven, the height of the highest point of any high level equipment fitted to the vehicle or any of those trailers were to exceed a predetermined height; and

(b)the predetermined height referred to in sub-paragraph (a) shall not exceed the overall travelling height by more than 1m.

(3) No person shall be taken to have failed to comply with paragraph (1) on the ground that a motor vehicle or a relevant trailer was not fitted with a warning device and the requirements in paragraph (2) were not being satisfied as mentioned in paragraph (1)—

(a)before 1st August 1999—

(i)if the motor vehicle was first used before 1st February 1999; or

(ii)the relevant trailer was manufactured before 1st February 1999; or

(b)before 1st February 1999 in relation to any other motor vehicle or relevant trailer.

(4) Paragraph (1) shall not apply in relation to a particular journey if, having regard to the lengths of road which the driver might drive along in the course of fulfilling the purpose of the journey and taking into account any possibility of unforeseen diversions and the driver having difficulty in finding his way, it is highly unlikely that the driver would during the course of the journey be confronted with any bridge or other overhead structure which does not exceed the maximum travelling height by at least 1m.

Vehicles to which regulation 9A applies

9B.(1) Subject to the provisions of this regulation, regulation 9A applies to—

(a)a motor vehicle first used on or after 1st February 1994, if the vehicle or any relevant trailer drawn by it, is fitted with high level equipment with a maximum height of more than 3m; and

(b)a motor vehicle first used before 1st February 1994, if any relevant trailer drawn by it is fitted with such equipment.

(2) Regulation 9A does not apply to a motor vehicle if it has an overall travelling height of not more than 4m and—

(a)it is a vehicle registered or put into circulation in an EEA State and is being used in international traffic; or

(b)it is a motor vehicle drawing a trailer registered or put into circulation in an EEA State and that trailer is being used in international traffic, and

in this paragraph, “international traffic” and “registered or put into circulation” have the same meanings as in Article 3 of Community Directive 85/3.

(3) Regulation 9A does not apply to—

(a)an agricultual motor vehicle;

(b)an industrial tractor;

(c)a works truck;

(d)a motor vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle so used while being driven by a person for the time being subject to orders of a member of the armed forces of the Crown;

(e)a motor vehicle drawing a trailer owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle drawing such a trailer while being driven by a person for the time being subject to orders of a member of the armed forces of the Crown;

(f)a motor vehicle used by a fire brigade maintained under the Fire Services (Northern Ireland) Order 1984(2);

(g)a motor vehicle that is constructed and normally used for the purpose of carrying at least two other vehicles;

(h)a motor vehicle drawing a car transporter; or

(i)a motor vehicle whose maximum travelling height does not exceed its overall travelling height.

Interpretation of regulations 9A and 9B

9C.(1) The following provisions of this regulation apply for the interpretation of this regulation and regulations 9A and 9B.

(2) Subject to paragraphs (4) and (5), a reference to high level equipment, in relation to a motor vehicle, is a reference to equipment which is so fitted to the vehicle that—

(a)the equipment can be raised by means of a power operated device, and

(b)the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(3) Subject to paragraphs (4) and (5), a reference to high level equipment, in relation to a trailer drawn by a motor vehicle, is a reference to equipment which is so fitted to the trailer that—

(a)the equipment can be raised by means of a power operated device, and

(b)the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(4) A reference to high level equipment in relation to a tipper which is—

(a)a motor vehicle first used before 1st February 1999, or

(b)a trailer manufactured before that date,

shall be construed as not including the relevant part of the tipper.

(5) Where equipment fitted to a vehicle would otherwise be high level equipment, that equipment shall not be regarded as high level equipment if—

(a)the equipment is so designed and constructed that—

(i)it can be fixed in a stowed position by a locking device when travelling; and

(ii)it is not possible for a person in the cab to interfere with the locking device; and

(b)the equipment is fixed in that position by the locking device.

(6) The following expressions shall bear the following meanings—

(a)“EEA State” means a state which is a contracting party to the EEA Agreement; and

(b)“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4);

(c)“maximum height”, in relation to any high level equipment fitted to a vehicle, means the height of the highest point of that equipment above the ground when it is raised as far as possible by means of that device and the vehicle is unladen;

(d)“maximum travelling height”, in relation to a motor vehicle to which regulation 9A applies, means—

(i)if the overall travelling height could be increased by raising any high level equipment fitted to the vehicle or to any relevant trailer drawn by it that is not for the time being at its maximum height, the greatest overall travelling height that could be achieved by raising such equipment (without making any other changes to the vehicle, its load or equipment or to any trailer drawn by it, its load or equipment); or

(ii)in any other case, the overall travelling height;

(e)“overall travellling height” has the meaning given by regulation 9(9)(b);

(f)“relevant part”, in relation to a tipper, shall be construed in accordance with sub-paragraph (g);

(g)“tipper” means a vehicle that is so constructed that it can be unloaded by part of the vehicle (in this regulation referred to as the “relevant part”) being tipped sideways or rearwards, and

a reference to equipment fitted to a vehicle includes part of the vehicle.

(7) “Relevant trailer” means a trailer manufactured on or after 1st February 1994 not being—

(a)an agricultural trailer;

(b)an agricultural trailed appliance;

(c)a works trailer;

(d)a trailer used by a fire brigade maintained under the Fire Services (Northern Ireland) Order 1984;

(e)a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown..

(1)

O.J. L2, 3.1.85 p. 14. “Community Directive” is defined in regulation 2(2) of, and Table I of Schedule 1 to the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989; relevant amending regulations for this purpose are S.R. 1991 No. 147 and S.R. 1992 No. 509

(3)

Cm. 2073

(4)

Cm. 2183

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