The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2007

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”).

Regulation 2 amends regulation 2 of the 1999 Regulations so that the definition of “Community Directive, followed by a number”, also includes Directives adopted by the European Parliament and the Council of the European Parliament.

Regulation 3 implements Directive 2003/97/EC of the European Parliament and of the Council (OJ No. L25, 29.1.2004, p.1), which replaces Council Directive 71/127/EEC (OJ No. L68, 22.3.1971, p.1) with effect from 24th January 2010; and Commission Directive 2005/27/EC (OJ No. L81, 30.3.2005, p.44) which amends Directive 2003/97/EC.

It amends the 1999 Regulations by substituting a new regulation 38 set out in the Schedule to these Regulations. The main changes to the substituted regulation 38 relate to the Table, with the addition of new items to it and a new column 5 to cover the requirements to be complied with where a vehicle is fitted with any other device for indirect vision. The table below shows the numbering for the new and old (renumbered) items.

Old item no	New item no	Old item no	New item no	Old item no	New item no
1	1	4	5		9
2	2		6	7	10
3	3	5	7	8	11
	4	6	8

New item 4 extends the requirement to heavy goods vehicles with a maximum weight exceeding 7.5 tonnes but not exceeding 12 tonnes, which are first used on or after 26th January 2007, to be fitted with two wide-angle mirrors, a close-proximity mirror and a front mirror.

Item 4 also extends the requirement to goods vehicles with a maximum weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes (but having cabins of a similar height to goods vehicles exceeding 7.5 tonnes) which are first used on or after 26th January 2007, to be fitted with two wide-angle mirrors and a close-proximity mirror.

New item 6 extends the requirement to goods vehicles with a maximum weight exceeding 12 tonnes, which are first used on or after 26th January 2007, to be fitted with an additional wide-angle mirror and a front mirror.

In all cases where a front mirror is specified, if it is not possible to fit a front mirror, a device for indirect vision (for example a camera and monitor device) may be used instead.

New item 9 extends the requirement to motor vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat, which are first used on or after 26th January 2010, to be fitted with a Class III exterior rear-view mirror on both the driver’s side and the passenger’s side of the vehicle; whereas previously there was a requirement for such a mirror to be fitted only to the driver’s side of the vehicle.

Paragraph (4)(d) of the substituted regulation 38, provides that where the lower edge of an exterior mirror, which complies with the requirements of Directive 2003/97 or 2005/27 or ECE Regulation 46.02, is less than 2 metres above the ground when the vehicle is loaded, this mirror must not project more than 25cm beyond the overall width of the vehicle. In the case of a vehicle drawing a trailer, where the trailer is wider than the drawing vehicle, the mirror must not project more than 25cm beyond the overall width of the trailer.

Paragraph (7) of the substituted regulation 38, provides for definitions of mirrors and devices for indirect vision. Paragraph (8) provides that the reference to “vehicle” in the definitions in paragraph (7) will also include a reference to a trailer in respect of the stated vehicles when drawing a trailer.

Regulation 4 amends Table I (Community Directives) in Schedule 1 by inserting new items into it (items 101 and 103 refer to Directives 2003/97 and 2005/27); and amends Table II (ECE Regulations) by inserting new item 30A (to include a reference to ECE Regulation 46.02).

A Regulatory Impact Assessment has been prepared and is available on the Department of the Environment website at www.doeni.gov.uk/roadsafety.

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