The Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 239

Road Traffic and Vehicles

The Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2007

Made

11th April 2007

Coming into operation

5th July 2007

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 55(1), (2) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 5th July 2007.

(2) In these Regulations “the principal Regulations” means the Road Vehicles Lighting Regulations (Northern Ireland) 2000(2)

Amendments to regulation 2 (interpretation)

2.—(1) Regulation 2(1) of the principal Regulations is amended in accordance with paragraphs (2) to (4).

(2) After the definition of “the Designation of Approval Marks Regulations” insert the following definition—

““abnormal load escort vehicle” means a vehicle which is clearly identifiable to other road users as a vehicle used for the purposes of escorting abnormal loads by having on its front suitable markings and on its sides and rear retro-reflective markings;”.

(3) In the definition of “emergency vehicle”—

(a) in the introductory words, for “motor vehicle” substitute “vehicle”;

(b) in sub-paragraph (f), for “a vehicle owned by the Secretary of State for Defence and used” substitute “a vehicle owned or operated by the Secretary of State for Defence and used”;

(c) for sub-paragraph (f)(ii) substitute—

“(ii) for the purposes of any activity—

(A) which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency, or

(B) in connection with an event which could lead to a radiation accident or radiation emergency;”;

(d) after sub-paragraph (f)(ii) insert the word “or”;

(e) at the end of sub-paragraph (f)(iii) omit the word “or”;

(f) omit sub-paragraph (f)(iv);

(g) at the end of sub-paragraph (i) omit the word “and”;

(h) after sub-paragraph (j) insert—

“and

(k) a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of the investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979(3)”, has the meaning given in section 93(4) of the Police Act 1997(4)).”.

(4) After the definition of “prescribed sign” insert—

““radiation accident” and “radiation emergency” have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001(5);”.

Amendments to regulation 13 (colour of light shown by lamps and reflectors)

3.—(1) Regulation 13 of the principal Regulations(6) is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1)(c), for heads (i) to (iii) substitute—

“(i) a pedal cycle;

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle;

(iii) a solo motor bicycle or motor bicycle combination; or

(iv) an invalid carriage; or”.

(3) In paragraph (2)—

(a) in sub-paragraph (l) for head (ix) substitute—

“(ix) a vehicle used for escort purposes;”;

(b) after sub-paragraph (o) insert—

“(oa) amber light from a lamp attached to, or incorporated in, a pedal of a pedal cycle;

(ob) white light or amber light from a lamp which is designed to emit light primarily to one or both sides of the vehicle and is attached to, or incorporated in, any wheel or tyre of—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle;”;

(c) in sub-paragraph (q) for heads (i) to (iii) substitute—

“(i) a pedal cycle;

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle;

(iii) a solo motor bicycle or motor bicycle combination; or

(iv) an invalid carriage;”.

Amendments to regulation 14 (movement of lamps and reflectors)

4.  In regulation 14(2) of the principal Regulations—

(a) at the end of sub-paragraph (h) omit the word “or”;

(b) in sub-paragraph (i), for heads (i) to (iii) substitute—

“(i) a pedal cycle;

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle;

(iii) a solo motor bicycle or motor bicycle combination; or

(iv) an invalid carriage;”;

(c) after sub-paragraph (i) insert—

“(j) a lamp which is designed to emit light primarily to one or both sides of the vehicle and is attached to, or incorporated in, any wheel or tyre of—

(i) a pedal cycle;

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle; or

(k) a lamp attached to, or incorporated in, a pedal of a pedal cycle.”.

Amendments to regulation 15 (lamps to show a steady light)

5.  In regulation 15(2) of the principal Regulations—

(a) at the end of sub-paragraph (e) omit the word “or”;

(b) after sub-paragraph (f) insert—

“(g) a front position lamp capable of emitting a flashing light (whether or not it is also capable of emitting a steady light) which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

and which, if it is a lamp which is required to be fitted pursuant to regulation 21, is capable, when emitting a flashing light, of emitting light to the front of the pedal cycle, trailer or sidecar of an intensity of not less than 4 candelas; or

(h) a rear position lamp capable of emitting a flashing light (whether or not it is also capable of emitting a steady light) which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

and which, if it is a lamp which is required to be fitted pursuant to regulation 21, is capable, when emitting a flashing light, of emitting light to the rear of the pedal cycle, trailer or sidecar of an intensity of not less than 4 candelas.”.

Amendments to regulation 21 (obligatory lamps, reflectors, rear markings and devices)

6.—(1) Regulation 21 of the principal Regulations is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”.

(3) After paragraph (2) insert—

“(2A) The requirements specified in paragraph 5(c) of Schedule 2 shall not apply in the case of a front position lamp capable of emitting a flashing light which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

unless the lamp is also capable of emitting a steady light.

(2B) The requirements specified in paragraph 5(d) and (e) of Schedule 10 shall not apply in the case of a rear position lamp capable of emitting a flashing light which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

unless the lamp is also capable of emitting a steady light.”.

Amendment to regulation 30 (restrictions on the use of lamps other than those to which regulation 27 refers)

7.  In the third column of item 7 of the Table in regulation 30 of the principal Regulations—

(a) at the end of head (ii) omit the word “and”;

(b) after head (iii) insert—

“(iv) in the case of an abnormal load escort vehicle, while it is being used in connection with the escort of another vehicle which has—

(A) an overall width (including any load) exceeding 2.9 metres,

(B) an overall length (including any load) exceeding 18.65 metres, or

(C) been authorised by the Department under Article 60 of the 1995 Order;

and

(v) in the case of a vehicle, used for escort purposes other than an abnormal load escort vehicle, while it is being used in connection with the escort of any vehicle and travelling at a speed not exceeding 25 mph.”.

Amendments to Part I of Schedule 2 (requirements relating to obligatory front position lamps and to optional front position lamps to the extent specified in Part II)

8.—(1) Part I of Schedule 2 to the principal Regulations is amended in accordance with paragraphs (2) to (4).

(2) In the right hand column of paragraph 5(c), for the words “sub-paragraph (b)” substitute “sub-paragraph (b), (c) or (d)”.

(3) After paragraph 12(b) insert—

“(c) in the case of a front position lamp capable of emitting a flashing light which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

the light shown by the lamp when flashing shall be displayed not less than 60 nor more than 240 equal times per minute and the intervals between each display of light shall be constant.”.

(4) In paragraph 13, in the definition of “British Standard mark”, after paragraph (b) insert—

“or

(c) the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 8438 published on 15th April 1995, namely “6102/3”; or

(d) the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 14621 published on 1st September 2003, namely “6102/3”.”.

Amendment to Part II of Schedule 2 (requirements relating to optional front position lamps)

9.  In Part II of Schedule 2 to the principal Regulations, for paragraph 3 substitute—

“3.   In the case of any other vehicle any number of front position lamps may be fitted and the only requirements prescribed by these Regulations in respect of any which are fitted are those in paragraphs 7 and 12(c) of Part I.”.

Amendments to Part I of Schedule 10 (requirements relating to obligatory rear position lamps and to optional rear position lamps to the extent specified in Part II)

10.—(1) Part I of Schedule 10 to the principal Regulations is amended in accordance with paragraphs (2) to (4).

(2) In the right hand column of paragraph 5(e), for “sub-paragraph (c)” substitute “sub-paragraph (c), (d) or (e)”.

(3) For paragraph 12 substitute—

“12.   Other requirements—

(a) Except in the case of a motor vehicle first used before 24th January 1996, any other vehicle manufactured before 24th January 1996 and a motor bicycle combination, where two rear position lamps are required to be fitted they shall form a matched pair and where four rear position lamps are required to be fitted they shall form two matched pairs.

(b) In the case of a rear position lamp capable of emitting a flashing light which is fitted to—

(i) a pedal cycle; or

(ii) a trailer drawn by, or a sidecar attached to, a pedal cycle,

the light shown by the lamp when flashing shall be displayed not less than 60 nor more than 240 equal times per minute and the intervals between each display of light shall be constant.”.

(4) In paragraph 13, in the definition of “British Standard mark”, after paragraph (c) insert—

“or

(d) the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 8438 published on 15th April 1995, namely “6102/3”; or

(e) the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the references BS 6102: Part 3: 1986 as amended by AMD 14621 published on 1st September 2003, namely “6102/3”.”.

Amendment to Part II of Schedule 10 (requirements relating to optional rear position lamps)

11.  For Part II of Schedule 10 to the principal Regulations substitute—

“REQUIREMENTS RELATING TO OPTIONAL REAR POSITION LAMPS

Any number may be fitted and the only requirements prescribed by these Regulations in respect of any which are fitted are those specified in paragraphs 7 and 12(b) of Part I.”.

Sealed with the Official Seal of the Department of the Environment on 11th April 2007.

Stanley Duncan

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles Lighting Regulations (Northern Ireland) 2000 (“the principal Regulations”) which contain provisions for the construction, maintenance and use of lighting systems on vehicles.

Regulation 2(2) provides a definition of “abnormal load escort vehicle”.

Regulation 2(3) makes amendments to the definition of “emergency vehicle” in regulation 2 (interpretation) of the principal Regulations as follows—

(a) Paragraph (3)(a) removes the requirement that an emergency vehicle shall be a motor vehicle thereby permitting non-motor emergency vehicles to use blue flashing lights under regulation 13(2)(k) of the principal Regulations.

(b) Paragraph (3)(b) amends sub-paragraph (f) so that it applies to vehicles operated, as well as owned, by the Secretary of State for Defence.

(c) Paragraph (3)(c) and (f) amends sub-paragraph (f)(ii) and (iv) by omitting the reference to the now defunct “Naval Emergency Monitoring Organisation” and the “Royal Air Force Armament Support Unit” and closely defining the purposes for which the vehicle operated or owned by the Secretary of State for Defence can be used.

(d) Paragraph (3)(h) amends the definition of “emergency vehicle” to include a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used for the purposes of the investigation of serious crime. This amendment permits such vehicles to be fitted with a blue warning beacon or special warning lamp or a device which resembles the same.

Regulations 3 and 4 make changes with respect to pedal cycle lights by amending regulations 13 and 14 of the principal Regulations so as to permit pedal cycles or trailers drawn by, or a sidecar attached to, a pedal cycle to be fitted with lights on wheels and pedals and brings trailers drawn by pedal cycles within the vehicles permitted to be fitted with lamps and reflectors.

Regulation 5 amends regulation 15 of the principal Regulations so as to permit pedal cycles or trailers drawn by, or a sidecar attached to, a pedal cycle to be fitted with front and rear position lamps which flash. In the case of lamps which must be fitted pursuant to regulation 21, lamps must, when flashing, produce a light with an intensity of not less than 4 candelas.

Regulation 6 amends regulation 21 of the principal Regulations so as to exempt obligatory front and rear position lamps which flash and are fitted to a pedal cycle or a trailer drawn by, or a sidecar attached to, a pedal cycle from the marking requirements in paragraph 5(c) of Schedule 2 and paragraph 5(d) and (e) of Schedule 10 provided they are not also capable of emitting a steady light.

Regulation 7 amends regulation 30 of the principal Regulations so as to permit vehicles which are acting as an escort to a vehicle which is either—

(a) abnormally wide or long, or

(b) authorised by an order of the Department of the Environment under Article 60 of the Road Traffic (Northern Ireland) Order 1995,

to use an amber warning beacon above 25 mph.

Regulation 8(3) amends Part I of Schedule 2 to the principal Regulations so as to require the flash rate of any front position lamp fitted to a pedal cycle or a trailer drawn by, or a sidecar attached to, a pedal cycle to be between 60 and 240 flashes per minute.

Regulation 8(4) amends the definition of the “British Standard mark” in Part I of Schedule 2 to the principal Regulations so as to permit front position lamps fitted to pedal cycles to comply with British Standard 6102: Part 3: 1986 as amended on 15th April 1995 and 1st September 2003 as an alternative to the previous requirements.

Regulation 9 amends Part II of Schedule 2 to the principal Regulations so as to require the flash rate of any optional front position lamp on a vehicle other than a solo motor bicycle first used on or after 24th January 1996 to be between 60 and 240 flashes per minute.

Regulation 10(3) amends Part I of Schedule 10 to the principal Regulations so as to require the flash rate for any rear position lamp fitted to a pedal cycle or a trailer drawn by, or a sidecar attached to, a pedal cycle to be between 60 and 240 flashes per minute.

Regulation 10(4) amends the definition of the “British Standard mark” in Part I of Schedule 10 to the principal Regulations so as to permit rear position lamps fitted to a pedal cycle to comply with British Standards 6102: Part 3: 1986 as amended on 15th April 1995 and 1st September 2003 as an alternative to the previous requirements.

Regulation 11 amends Part II of Schedule 10 to the principal Regulations so as to require any rear position lamp fitted to a pedal cycle or a trailer drawn by, or a sidecar attached to, a pedal cycle to be between 60 and 240 flashes per minute.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

Copies of the British Standard specification referred to in these Regulations can be obtained from the British Standards Institution, 389 Chiswick High Road, London W4 4AL.

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

A Regulatory Impact Assessment has been produced and may be obtained from the Department of the Environment website at www.roadsafetyni.gov.uk.

(1)

S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department” and “prescribed”

(2)

S.R. 2000 No. 169; relevant amending Regulations are S.R. 2001 No. 372

(3)

1979 c. 2

(4)

1997 c. 50

(5)

S.R. 2001 No. 436

(6)

Regulation 13 was amended by S.R. 2001 No. 372, regulation 2