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Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

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Speed limiters fitted to buses and coaches

42.  (1)  This regulation applies to every bus and coach which—

(a)has a maximum gross weight exceeding 10 tonnes;

(b)has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h; and

(c)was first used on or after 1st January 1988.

(2) Every vehicle to which this regulation applies shall be fitted with a speed limiter which must—

(a)be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interference of its power supply;

(b)be maintained in good and efficient working order; and

(c)be calibrated to a set speed not exceeding 100 km/h.

(3) A speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24.

(4) A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24.

(5) This regulation does not apply to a vehicle—

(a)being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced; or

(b)completing a journey in the course of which the speed limiter has accidentally ceased to function.

(6) Paragraph (2)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st January 1995 to a vehicle first used before that date; or

(b)a speed limiter sealed outside the United Kingdom,

as if the words “by an authorised sealer” were omitted.

(7) Paragraph (3) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(8) Until 22nd February 2001, in relation to a vehicle not used for transport operations outside the United Kingdom and first used before 22nd February 2000, paragraph (2)(c) shall have effect as if for “100 km/h” there were substituted “105 km/h”.

(9) In this regulation—

“authorised sealer” means a person authorised by the Department in accordance with Schedule 3 of these Regulations, or by the Secretary of State for Transport in accordance with Schedule 3B of the Road Vehicles (Construction and Use) Regulations 1986(1);

“equivalent standard” means—

(i)

a standard or code of practice of a national standards body or equivalent body of any EEA State; or

(ii)

any international standard recognised for use as a standard by any EEA State; or

(iii)

a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

“Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS/AU 217: Part 1: 1987 and which came into effect on 28th May 1987; and

“speed limiter” means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value.

(1)

S.I. 1986/1078; relevant amending instruments are S.I.s 1988/271 and 1524, S.I. 1991/1527 and S.I. 1992/422

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