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(This note is not part of the Regulations.)
These Regulations prescribe certain types of eye protectors as authorised for use by persons driving or riding on a motor bicycle. The eye protectors are so prescribed by reference to—
(a)conformity with certain grades within certain British Standards;
(b)conformity with any other standard accepted by a European Economic Area (“EEA”) State which offers in use equivalent levels of safety, suitability and fitness for purpose;
(c)conformity with the requirements of Council Directive 89/686/EEC as amended by Council Directives 93/68/EEC, 93/95/EEC and 96/58/EEC (the relevant technical specification either being the harmonised European Standard (EN 1938:1998 Personal eye protection – Goggles for motorcycle and moped users), or a technical specification verified as meeting the requirements of the Directive by a body approved to do so under the Directive); or
(d)in relation to eye protectors first used before 1st April 1989 conformity with the requirements specified in regulation 2(1)(c).
In the context of (b) “equivalent levels” means levels which are the same or greater in respect of the factors specified.
An eye protector that conforms to the prescribed British standard or any other standard accepted by an EEA State must be marked with the relevant standard with which it conforms and an approved certification mark of an approved body.
The types of eye protector specified in paragraph (1) of regulation 2 are not prescribed for use by persons falling within paragraph (4) and no type is prescribed for these persons.
These Regulations have been notified to the European Commission pursuant to European Parliament and Council 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 set out in sub-paragraph (1)(b) of regulation 2 apply only to motorcyclists' goggles. The Personal Protective Equipment (EC Directive) Regulations 1992 (S.I. 1992/3139, as amended by S.I. 1993/3074, S.I. 1994/2326 and S.I. 1996/3039) have the effect of requiring all motorcyclists' goggles which are placed on the market to meet these requirements.
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 Helmets) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 170).
The British Standards and amendments may be obtained from any outlet operated by the British Standards Institution (BSI) or by post from BSI at 389 Chiswick High Road, London W4 4AL (Telephone number: 0208 996 9000).
Copies of the Council Directives referred to in these Regulations and this Explanatory Note can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.
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