Motor Vehicles (Construction and Use) (Amendment No. 3) Regulations (Northern Ireland) 2004

Amendment to regulation 20 (braking systems of certain vehicles first used on or after 1st April 1983)

4.—(1) Regulation 20(1) of the principal Regulations shall be amended in accordance with paragraphs (2) to (12).

(2) After paragraph (5) there shall be inserted the following –

“(5A) Save as provided in paragraphs (6), (7), (8), (12) and (12A) the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 21st May 2004 or which, in the case of a trailer, is manufactured on or after 21st May 2004 shall comply with the construction, fitting and performance requirements of Annexes I, II, and VII to Community Directive 98/12/EC and if relevant, Annexes III, IV, V, VI, VIII, X, XI, XII, XIII and XIV to that Directive in relation to the category of vehicles specified in that item in column 3.

• Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 21st May 2004 or which, in the case of a trailer, was manufactured before 21st May 2004 to comply with the said requirements instead of complying with paragraphs (1), (2), (4) or (5) or with regulations 21 and 22.”.

(3) In paragraph (6), for “(4) and (5)” there shall be substituted “(4), (5) and (5A)”.

(4) In paragraph (7) –

(a) in the first line for “(4) and (5)” there shall be substituted “(4), (5) and (5A)”;

(b) in sub-paragraph (a) –

(i) for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”, and

(ii) in head (ii), for “85/647 or 88/194” there shall be substituted “85/647, 88/194, 91/422 or 98/12”;

(c) in sub-paragraph (b) –

(i) in head (i), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”, and

(ii) in head (iii), for “88/194, or 91/422” there shall be substituted “88/194, 91/422 or 98/12”; and

(d) in sub-paragraph (d), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.

(5) In paragraph (8), for “paragraph (2)” there shall be substituted “paragraphs (2), (4), (5) and (5A)”.

(6) In paragraph (9) –

(a) for “paragraph (5)” there shall be substituted “paragraph (5) or (5A)”; and

(b) in sub-paragraph (a), after “Directive 91/422” there shall be inserted “or Community Directive 98/12”.

(7) In paragraph (10), for “13.04 or 13.05” there shall be substituted “13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”.

(8) In paragraph (11), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.

(9) In paragraph (12)(b) for “13.06” there shall be substituted “13.06, 13.07, 13.08 or 13.09”.

(10) After paragraph (12) there shall be inserted –

“(12A) Instead of complying with paragraph (5A), a vehicle to which this regulation applies may comply with ECE Regulation 13.09.”.

(11) In paragraph (13), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.

(12) After paragraph (13) there shall be inserted –

“(14) For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed.”.

(1)

Regulation 20 was amended by S.R. 2002 No. 375, regulation 5