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

Regulation 4

SCHEDULE 2 REGULATION TO BE SUBSTITUTED FOR REGULATION 43

“Speed limiters fitted to goods vehicles

43.— (1) Subject to paragraph (9) this regulation applies to every goods vehicle which –

(a) has a maximum gross weight exceeding 12,000 kg;

(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,

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 paragraphs (5) and (9) this regulation also applies to every goods vehicle which –

(a) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

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

(c) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 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 (4) and (9) this regulation also applies to every goods vehicle which –

(a) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

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

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

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 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) This regulation shall apply –

(a) on or after 20th June 2006 in the case of a paragraph (3) vehicle used for both national and international transport operations; and

(b) on or after 20th June 2007 in the case of a paragraph (3) vehicle used solely for national transport operations.

(5) This regulation shall apply on or after 20th June 2008 in the case of a paragraph (2) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations.

(6) 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 stabilised speed of the vehicle must not exceed 90 km/h.

(7) Subject to paragraph (11) 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.

(8) 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.

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

(d) 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.

(10) Paragraph (6)(a) 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.

(11) Paragraph (7) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(12) In this regulation –

“authorised sealer”, “Part 1 of the British Standard”, “equivalent standard” and “speed limiter” have the same meanings as in regulation 42;

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

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

“relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen;

“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; and

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