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

Regulation 3

SCHEDULE 1 REGULATION TO BE SUBSTITUTED FOR REGULATION 42

“Speed limiters fitted to buses and coaches

42.— (1) Subject to paragraph (11) 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,

and a reference in this regulation to a paragraph 1 vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraph (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

(a) is first used on or after 20th June 2005;

(b) has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

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

and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(3) Subject to paragraphs (6) and (11) this regulation also applies to every bus which –

(a) is first used on or after 20th June 2005;

(b) has a maximum gross weight not exceeding 5 tonnes; and

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

and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(4) Subject to paragraphs (5) and (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

(a) was first used on or after 1st October 2001 and before 20th June 2005;

(b) complies with the limit values set out in Council Directive 88/77/EEC(1) as amended by amendments up to and including those effected by Commission Directive 2001/27/EC(2);

(c) has a maximum gross weight not exceeding 10 tonnes; and

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

and a reference in this regulation to a paragraph (4) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(5) This regulation shall apply –

(a) on or after 20th June 2006 in the case of a paragraph (4) vehicle used for both national and international transport operations; and

(b) on or after 20th June 2007 for a paragraph (4) vehicle used solely for national transport operations.

(6) This regulation shall apply on or after 20th June 2008 in the case of a paragraph (3) vehicle used solely for national transport operations.

(7) Subject to paragraphs (8) and (12) 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 interruption of its power supply;

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

(c) be set so that the speed of the vehicle cannot exceed 100 km/h.

(8) A speed limiter fitted to a paragraph (1) vehicle which is first used before 20th June 2005 may be set at a maximum speed of 100km/h.

(9) Subject to paragraph (13) 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, as amended by Directive 2004/11/EC of the European Parliament and of the Council(3).

(10) 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 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

(11) 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;

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

(c) which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d) which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e) while it is being used for fire brigade, ambulance or police purposes; or

(f) if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.

(12) Paragraph (7) 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.

(13) Paragraph (9) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) 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(4).

“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;

“international transport operations” means transport operations outside the United Kingdom;

“national transport operations” means transport operations within the United Kingdom;

“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; as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988;

“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; and

“transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.”

(1)

O.J. No. L36, 9.2.1988, p. 33

(2)

O.J. No. L107, 18.4.2001, p. 10

(3)

O.J. No. L44, 14.2.2004, p. 19

(4)

S.I. 1986/1078, relevant amending instruments are S.I. 1992/422 and S.I. 2003/1946