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The Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2011

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Statutory Rules of Northern Ireland

2011 No. 301

Road Traffic And Vehicles

The Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2011

Made

8th September 2011

Coming into operation-

14th October 2011

The Department of the Environment in exercise of the powers conferred by Articles 61(1), 66(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1) makes the following Regulations:

Citation, Commencement and Interpretation

1.—(1) These Regulations may be cited as the Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 14th October 2011.

(2) In these Regulations “the principal Regulations” means the Public Service Vehicles Regulations (Northern Ireland) 1985(2).

Amendment to regulation 3 (interpretation)

2.—(1) In regulation 3(1) of the principal Regulations—

(a)after the definition of “double-decked vehicle” insert—

ECE Regulation 36” means ECE Regulation No. 36 (uniform provisions concerning the construction of public service vehicles) which came into force on 1st March 1976 as an Annex to the UNECE Agreement;

“ECE Regulation 52” means ECE Regulation No. 52 (uniform provisions concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction) which came into force on 1st November 1982 as an Annex to the UNECE Agreement;

“ECE Regulation 52.01” means ECE Regulation No. 52 as amended by the 01 series of amendments on 12th September 1995;

“ECE Regulation 107” means ECE Regulation No. 107 (uniform provisions concerning the approval of M2 and M3 vehicles with regard to their general construction) which came into force on 18th June 1998 as an Annex to the UNECE Agreement;

“ECE Regulation 107.01” means ECE Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;

“ECE Regulation 107.02” means ECE Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007;;

(b)after the definition of “taxi bus” insert—

“the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;.

Amendment to regulation 6 (inspection of vehicle and grant of licence)

3.  For regulation 6(6) of the principal Regulations substitute—

(6) For the purposes of paragraph (3)(a) “the statutory requirements” means:

(a)the Construction and Use Regulations;

(b)the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973;

(c)the Road Vehicles (Display of Registration Marks) Regulations 2001;

(d)the Road Vehicles Lighting Regulations (Northern Ireland) 2000; and

(e)the Conditions of Fitness Regulations or Directive 2001/85/EC of the European Parliament and of the Council of 20th November 2001, or ECE Regulations 107.01, 107.02 or 52.01(uniform provisions concerning the approval of M2 and M3 vehicles with regard to their general construction) which came into force on 18th June 1998 as an Annex to the UNECE Agreement and were amended by the 01 series of amendments on 12th September 1995, 12th August 2004 and the 02 series of amendments on 10th November 2007,

and the inspection shall include the items in Schedule 3 applicable to the vehicle being inspected..

Revocation

4.  Regulation 50 of the principal Regulations is revoked.

Sealed with the Official Seal of the Department of the Environment on 8th September 2011

Legal seal

Deirdre Kenny

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Public Service Vehicles Regulations (Northern Ireland) 1985 (the 1985 Regulations) regarding a vehicle adapted to carry more than eight passengers and used as a public service vehicle.

Regulation 2 inserts definitions of the ECE Regulations and UNECE into regulation 3 of the 1985 Regulations.

Regulation 3 amends regulation 6 of the 1985 Regulations so that the specified requirements in Part 2 of the 1985 Regulations may alternatively be met by a vehicle satisfying the requirements of ECE Regulations No. 52.01 (concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction), 107.01 or 107.02 (concerning the approval of M2 and M3 vehicles with regard to their general construction).

Regulation 4 revokes regulation 50 of the 1985 Regulations as the issue of smoking is now covered by the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007 (SR 2007 No. 138).

Copies of the ECE Regulations referred to in these Regulations can be obtained from the Stationery Office (telephone: 0870 2600 5522, website www.tsoshop.co.uk) or from the UNECE website http://www.unece.org/trans/main/wp29/wp29regs101-120.html and http://www.unece.org/trans/main/wp29/wp29regs/r052r3e.pdf.

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