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3.—(1) Regulation 34B(1) of the principal Regulations shall be amended in accordance with paragraphs (2) to (6).
(2) For paragraphs (1) and (2) there shall be substituted—
“(1) This Regulation applies to every goods vehicle which—
(a)has a maximum gross weight exceeding 12 tonnes;
(b)is first used on or after 1st January 1988; and
(c)has, or if a speed limiter were not fitted would have, a relevant speed exceeding 90 km/h.”.
(3) In paragraph (3), for sub-paragraph (c) there shall be substituted the following sub-paragraph—
“(c)subject to paragraph (3A), be set at a speed not exceeding 85 km/h and so that the stabilised speed of the vehicle does not exceed 90 km/h.”.
(4) After paragraph (3) there shall be inserted the following paragraph—
“(3A) Where—
(a)a speed limiter fitted to a goods vehicle first used on or after 1st January 1988 is set at a particular speed above 85 km/h (approximately 52.8 mph); and
(b)the processes used in the construction of the vehicle, the speed limiter and its other equipment were such as to ensure that, with the speed limiter set at that particular speed, the vehicle would have a stabilised speed not exceeding 90 km/h (approximately 55.9 mph),
the speed limiter of the vehicle shall, for the purposes of paragraph (3)(c) and regulation 71A, be deemed to have been set at a speed of 85 km/h.”.
(5) After paragraph (7) there shall be inserted the following paragraph—
“(7A) Until 22nd February 2000, paragraph (3A) shall have effect with the omission of the words“and regulation (71A)””.
(6) In paragraph (9), the words “and “stabilised speed”” shall be omitted and after the definition of “relevant speed”there shall be inserted—
““stabilised speed” means the mean speed of a vehicle when its speed is under the control of a speed limiter and stable speed control has been achieved.”
Regulation 34B was inserted by S.R. 1994 No. 452, regulation 4(1) and Schedule Part I
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