Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 1999

New regulation 57A (noise limits — vehicles first used on or after 28th June 1999)

5.  After regulation 57 of the principal Regulations there shall be inserted the following regulation—

“Noise limits — certain vehicles first used on or after 28th June 1999 — general

57A.— (1) A motor vehicle to which an item in the Table applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.

This paragraph has effect subject to the following provisions of this regulation, regulation 61 and Schedule 6XA.

TABLE

1	2	3	4	5
Item	Vehicles to which the item applies	Earliest date of first use (see column 2)	The requirements	Modification of Community Directives in relation to special vehicles (see paragraph (4)(c))
1	1.   All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item. 2.   All special vehicles first used on or after the date specified in column 3 of this item. 3.   All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/hr.	28.6.99	The requirements of— (a) regulation 57 as they would apply to the vehicle but for paragraph (1A) of that regulation; or (b) paragraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.	For paragraph 5.2.2.1 of Annex I, substitute— “The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed— (a) in the case of vehicles with engine power of less than 75 kW, 84 dB(A); (b) in the case of vehicles with engine power not less than 75 kW, 86 dB(A); (c) ”
2	All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies.	28.6.99	The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.

(2) Paragraph (1) does not apply to—

(a) a vehicle with less than 3 wheels; or

(b) a vehicle of a description mentioned in regulation 57(2).

(3) In this regulation, “special vehicle” means a vehicle which is—

(a) engineering plant;

(b) a locomotive other than an agricultural motor vehicle;

(c) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(d) a public works vehicle; or

(e) a works truck.

(4) For the purposes of this regulation—

(a) subject to sub-paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a “vehicle” within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 13 (whether or not regulation 13 applies to the vehicle) as it has effect in relation to a vehicle of a category specified in column 3 of that item;

(b) subject to sub-paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a “vehicle” within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5.2 of Annex I to Community Directive 92/97 or 96/20 in item 1 of the Table or paragraph 5 of Annex I to those Directives in item 2 of the Table if it meets—

(i) the requirements of that paragraph as it applies to a vehicle in category M₁ or N₁ within the meaning of the Community Directive; or

(ii) the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;

(c) subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;

(d) a requirement in paragraph 5.2.2.1 of Annex I to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;

(e) a requirement in paragraph 5.2.2.1 of Annex I to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.

(5) Instead of complying with paragraph (1) a vehicle may comply at the time of its first use—

(a) in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or

(b) in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02.”.