The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (the “1999 Regulations”) in respect of the requirements for speed limiters on motor vehicles. (Regulation 42 of the 1999 Regulations defines a “speed limiter” as “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”.).

The main purpose of the amendments is to implement Directive 2002/85/EC of the European Parliament and of the Council (O.J. No. L57, 4.12.2002, p. 327), which amends Council Directive 92/6/EC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (O.J. No. L57, 2.3.1992, p. 27).

Regulation 2 amends regulation 3(4) of the 1999 Regulations for the purpose of excluding from the scope of the exemption in regulation 3(4) specified categories of motor vehicle brought temporarily into Northern Ireland by a person resident abroad. The amendments have the effect that the following categories of motor vehicle do not have the benefit of the exemption in regulation 3(4) in respect of requirements under –

(i) regulations 42(1), 42(7)(c), 42(10), of the 1999 Regulations: any passenger vehicle with a maximum gross weight exceeding 10 tonnes registered in one or more Member States of the European Union; and

(ii) regulations 43(1), 43(6)(c) and 43(8) of the 1999 Regulations: any goods vehicle with a maximum gross weight exceeding 12 tonnes registered in one or more Member States of the European Union.

Removal of the above exemption will allow enforcing authorities in Northern Ireland to enforce Articles 2 and 3 of Council Directive 92/6/EEC which require certain categories of motor vehicle to be fitted with speed limiters. Article 1 of European Parliament and Council Directive 2002/85/EC replaced, interalia, Articles 1 to 5 of Directive 92/6/EEC. In particular, the amendments made by regulation 2 will enable enforcing authorities to enforce the fitment requirement in respect of motor vehicles visiting Northern Ireland from elsewhere in the European Union. Additionally, they will enable enforcing authorities to apply effective penalties in cases of non-compliance, as required by Article 10 of European Parliament and Council Directive 2000/30/EC. Commission Directive 2003/26/EC adapted to technical progress, European Parliament and Council Directive 2000/30/EC. Enforcement in respect of motor vehicles registered in Northern Ireland is already provided for under regulations 42 and 43 of the 1999 Regulations. The amendments in regulation 2 will provide for equivalent treatment in the case of motor vehicles registered in Member States of the European Union other than Northern Ireland.

Regulation 3 and Schedule 1 substitute regulation 42 of the 1999 Regulations in its entirety in order to insert new requirements and to amend the current requirements in relation to speed limitation devices on buses and coaches. Spent provisions relating to vehicles used before a certain date have been removed. In regulation 42 (as substituted) –

(i) new paragraphs (2) and (3) extend the requirement to fit speed limiters to all passenger carrying vehicles with eight or more passenger seats, irrespective of weight, when first used on or after 20th June 2005. New paragraph (6) has the effect of deferring this requirement until 20th June 2008 for passenger carrying vehicles, with a maximum gross weight not exceeding 5 tonnes, when used solely for national transport operations;

(ii) new paragraph (4) (which is subject to paragraphs (5) and (11)) has the effect of requiring speed limiters to be fitted to passenger carrying diesel engined vehicles with a maximum gross weight not exceeding 10 tonnes, which are first used between 1st October 2001 and 20th June 2005;

(iii) new paragraph (5) has the effect of deferring the requirement to fit speed limiters to such vehicles until 20th June 2006 when used solely for national and international transport operations, or 20th June 2007 when used solely for national transport operations;

(iv) paragraphs (9)(b) and (10) require speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles that are the subject of these Regulations. Paragraphs (9)(b) and (10) have been amended to include reference to this amending Directive;

(v) paragraph 11 is amended to extend the list of vehicles exempted from the requirements of regulation 42; and

(vi) paragraph 14 is amended to include new definitions relating to transport operations.

Regulation 4 and Schedule 2 substitute regulation 43 of the 1999 Regulations in its entirety in order to insert new requirements and to amend the current requirements in relation to speed limitation devices on goods vehicles. Spent provisions relating to vehicles used before a certain date have been removed. In regulation 43 (as substituted) –

(i) new paragraph (2) extends the requirement to fit speed limiters to all goods carrying vehicles with a maximum gross weight exceeding 3,500kg but not exceeding 12,000kg when first used on or after 20th June 2005. New paragraph (5) has the effect of deferring this requirement until 20th June 2008 for goods carrying vehicles, with a maximum gross weight not exceeding 7,500kg, when used solely for national transport operations;

(ii) new paragraph (3) has the effect of requiring speed limiters to be fitted to goods carrying diesel engined vehicles with a maximum gross weight exceeding 3,500kg but not exceeding 12,000kg, which are first used between 1st October 2001 and 20th June 2005;

(iii) new paragraph (4) has the effect of deferring the requirement to fit speed limiters to such vehicles until 20th June 2006 when used solely for national and international transport operations, or 20th June 2007 when used solely for national transport operations;

(iv) paragraphs (7)(b) and (8) require speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles that are the subject of these Regulations. Paragraphs (7)(b) and (8) have been amended to include reference to this amending Directive; and

(v) paragraph 12 is amended to include new definitions relating to transport operations.

Regulation 5 amends regulation 83 of the 1999 Regulations so as to make a drafting correction to paragraph (1) and to omit a reference in paragraph (3) to a spent provision in regulation 43.

Regulation 6 amends Part II of Schedule 3 to the 1999 regulations (the conditions which apply to authorised sealers) to reflect the requirements that must be met by an authorised sealer when sealing a speed limiter. It also makes minor drafting corrections to paragraph 1.

Copies of relevant EC Directives can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.