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The Motor Vehicles (Authorised Weight) and (Construction and Use) (Amendment) Regulations (Northern Ireland) 2017

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Amendment of the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999

This section has no associated Explanatory Memorandum

2.—(1) The Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation) insert the following definitions in the appropriate alphabetical order—

“alternative fuel” means a fuel or power source which serves, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which has the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of—

(a)

electricity consumed in all types of electric vehicles;

(b)

hydrogen;

(c)

natural gas, including biomethane, in gaseous form and liquefied form;

(d)

liquefied petroleum gas; or

(e)

mechanical energy from on-board sources, including waste heat;;

“alternatively fuelled vehicle” means a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the Framework Directive;;

“bus” means a motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver;;

“Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(2);;

“shipper” means a person who is named on the bill of lading, through bill of lading or on an equivalent transport document as the shipper and in whose name or on whose behalf a contract of carriage has been concluded with the transport company;; and

“swap body” means a part of a vehicle which is intended to bear the load, has supports and, by means of a device which is part of the vehicle, may be detached from the vehicle and re-incorporated into it;.

(3) For regulation 3 (application of Regulations)(3) substitute—

3.  These Regulations apply to all wheeled motor vehicles and trailers which fall within category M2, M3, N2, N3, O3 or O4 of the wheeled categories defined in Annex II to the Framework Directive except vehicle combinations which for the time being fulfil the requirements of Part II, III and IV of Schedule 14 to the 1999 Regulations (exemptions relating to intermodal transport operations)..

(4) In regulation 4 (maximum authorised weights)—

(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (3)”; and

(b)after paragraph (2) add—

(3) The maximum authorised weight of a relevant alternatively fuelled vehicle is increased by a maximum of 1000 kg where—

(a)a type or individual approval has been granted to the vehicle under the Framework Directive which provides evidence that the weight of the alternative fuel powertrain exceeds the weight of a conventional powertrain by a specified amount; and

(b)the weight of the alternative fuel powertrain is included in the maximum permitted gross or train weight specified on any plates required by regulation 79 of the 1999 Regulations(4).

(4) A “relevant alternatively fuelled vehicle” means an alternatively fuelled vehicle of a type described in items 1, 5, 6 or 9 of Table 1 in Schedule 1..

(5) After regulation 5 (compliance with regulation 93 of the 1999 Regulations (over-riding weight restrictions))(5) add—

Information about the weight of a container

6.(1) The shipper must give to the haulier to whom it entrusts the transport of a container or swap body a written statement indicating the gross weight of the container or swap body transported.

(2) The haulier must provide enforcement authorities access to all relevant documentation provided by the shipper..

(6) In Schedule 1 (maximum authorised weights for vehicles)—

(a)in paragraph 1(1) for “Subject to paragraph 2” substitute “Subject to paragraphs 1A and 2”;

(b)in Table 1—

(i)in column 2 of item 1 after “vehicle” add “which is not a bus”; and

(ii)after item 1 insert—

1ARigid motor vehicle which is a bus219500

; and

(c)after paragraph 1 insert—

Maximum authorised weight of a relevant alternatively fuelled vehicle

1A.  The vehicles described in items 1, 5, 6 or 9 of Table 1 may exceed the weight specified in column 4 by 1000 kg where the requirements of regulation 4(3) are fulfilled..

(2)

OJ L 263, 9.10.2007, p 1

(3)

Regulation 3 was substituted by S.R. 2002 No. 8, regulation 3

(4)

Regulation 79 was amended by S.R. 2002 No. 294, regulation 2 and S.R. 2002 No. 375, regulation 11

(5)

Regulation 5 was substituted by S.R. 2002 No. 8, regulation 5

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