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Statutory Rules of Northern Ireland

2011 No. 303

Road Traffic And Vehicles

The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2011

Made

8th September 2011

Coming into operation

14th October 2011

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 55(1) and (6) 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 Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2011 and shall come into operation on 14th October 2011.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(2).

Amendment to regulation 42 (speed limiters fitted to buses and coaches)

2.—(1) Regulation 42 of the principal Regulations is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (11)—

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

(b)after sub-paragraph (f) add—

“or

(g)which is operated by or on behalf of the Northern Ireland Prison Service and used primarily for the purpose of moving Category A prisoners.”.

(3) In paragraph (14) after the definition of “authorised sealer” insert—

““Category A prisoners” means that prison security category which is applied to prisoners whose escape would be highly dangerous to the public or the police or to the security of the United Kingdom, no matter how unlikely that escape might be, and for whom the aim of the Northern Ireland Prison Service must be to make escape impossible.”.

Amendment to regulation 43 (speed limiters fitted to goods vehicles)

3.—(1) Regulation 43 of the principal Regulations is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (9)—

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

(b)after sub-paragraph (f) add—

“or

(g)which is an emergency tactical response vehicle operated by or on behalf of the Northern Ireland Prison Service and used primarily for the purpose of transporting people or equipment or both to restore order within any Northern Ireland Prison Service prison or young offenders centre.”.

(3) In paragraph (12) after the definition of “transport operations” insert—

““young offenders centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968(3).”.

Amendment to regulation 50A (alternative means of compliance)

4.  In regulation 50A of the principal Regulations—

(a)that regulation shall be re-numbered as paragraph (1); and

(b)after that re-numbered paragraph add—

“(2) A minibus which is required by regulation 50 to meet the requirements specified in Schedule 6 need not meet the requirements set out in items 2 to 4 and 7 to 12 of that Schedule if it meets such requirements of ECE Regulation 52.01 or 107.01 or 107.02 as apply to that minibus.”.

Amendment to regulation 64A (alternative means of compliance)

5.  In regulation 64A of the principal Regulations—

(a)that regulation shall be re-numbered as paragraph (1); and

(b)after that re-numbered paragraph add—

“(2) A coach which is required by either regulation 63 or 64, as the case may be, to meet the requirements specified in that particular provision, need not meet them if it meets such requirements of ECE Regulation 107.01 or 107.02 as apply to that coach.”.

Amendment to Schedule 1 (Community Directives and ECE Regulations)

6.  In Table II of Schedule 1 to the principal Regulations—

(a)after the entry relating to item 34 insert—

“34A.52.01521.11.82Construction of small buses and coaches (M2 and M3)12.9.95—”

(b)after the entry relating to item 42 add—

“43.107.0110718.6.98Construction of small buses and coaches (M2 and M3)12.8.2004—
44.107.0210718.6.98Construction of small buses and coaches (M2 and M3)10.11.2007—”

Amendment to Schedule 10 (emissions from certain motor vehicles)

7.  For paragraph 7(b) of Schedule 10 to the principal Regulations substitute—

“(b)“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Sixteenth Edition” (ISBN 978-0-9549352-6-9) published by the Department for Transport.”.

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 Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”).

Regulation 2(2) amends regulation 42 of the 1999 Regulations so as to insert a new exemption into regulation 42(11) for Northern Ireland Prison Service vehicles which are primarily used in the movement of Category A prisoners.

Regulation 2(3) inserts a new definition into regulation 42(14) of the 1999 Regulations in respect of “Category A prisoners”.

Regulation 3 inserts a new exemption into regulation 43(9) of the 1999 Regulations for Northern Ireland Prison Service emergency tactical response vehicles which are primarily used in restoring order within prisons and young offender centres.

Regulation 4, 5 and 6 amend the construction requirements for minibuses and coaches so as to give effect to ECE Regulations 52.01, 107.01 and 107.02.

Regulation 7 amends the definition of “the emissions publication” in Schedule 10 to the 1999 Regulations so as to refer to the most recent edition of the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Sixteenth Edition”.

A Regulatory Impact Assessment has not been produced as there is no impact on the costs of business, the public sector, third sector organisations, regulators or consumers.

The ECE Regulations are issued by the United Nations Economic Commission for Europe. 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://unece.org/trans/main/wp29/wp29regs101-120.html.