The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 (the “1986 Regulations”) in respect of the requirements for speed limiters on motor vehicles. (Regulation 36A(14) of the 1986 Regulations defines “speed limiter” as “a device designed to limit the maximum speed of a motor vehicle by controlling the power output from the engine of the vehicle”.)

The Regulations implement Directive 2002/85/EC of the European Parliament and of the Council (OJ No. L57, 4.12.2002, p.327), which amends Council Directive 92/6/EC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ No. L57, 2.3.1992, p.27).

Regulation 3 inserts new paragraphs into, and amends paragraphs of, regulation 36A of the 1986 Regulations. New paragraphs (2A) and (2B) extend the requirement to fit speed limiters to all passenger carrying vehicles with eight or more passenger seats, irrespective of weight, when first used on or after 1st January 2005. New paragraph (2E) has the effect of deferring this requirement until 1st January 2008 for passenger carrying vehicles, with a maximum gross weight not exceeding 5 tonnes, when used solely for national transport operations. New paragraph (2C) has the effect of requiring speed limiters to be fitted to passenger carrying diesel engined vehicles with a maximum gross weight not exceeding 10 tonnes, which are first used between 1st January 2001 and 1st January 2005. New paragraph (2D) has the effect of deferring the requirement to fit speed limiters to such vehicles until 1st January 2006 when used for national and international transport operations, or 1st January 2007 when used solely for national transport operations. New paragraph (7A) has the effect of allowing the continued use of speed limiters, fitted to passenger carrying vehicles, with a maximum gross weight exceeding 10 tonnes and first used before 1st January 2005, which have been set at a maximum speed of 100 kilometres per hour.

Regulation 36A(8)(b) and (9) requires speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles which are the subject of these Regulations.

Regulation 4 inserts new paragraphs into, and amends paragraphs of, regulation 36B. New paragraph (1A) extends the requirement to fit speed limiters to all goods carrying vehicles with a maximum gross weight exceeding 3,500 kg when first used on or after 1st January 2005. New paragraph (1D) has the effect of deferring this requirement until 1st January 2008 for goods carrying vehicles, with a maximum gross weight not exceeding 7,500 kg, when used solely for national transport operations. New paragraph (1B) has the effect of requiring speed limiters to be fitted to goods carrying diesel engined vehicles with a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg, which are first used between 1st January 2001 and 1st January 2005. New paragraph (1C) has the effect of deferring this requirement to such vehicles until 1st January 2006 when used for national and international transport operations, or 1st January 2007 when used solely for national transport operations.

Regulation 36B(10)(b) and (11) requires speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles which are the subject of these Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Licensing, Roadworthiness and Insurance Division, Department for Transport, 5th floor, Southside, 105 Victoria Street, London SW1E 6DT (telephone [phone]). A copy has been placed in the library of each House of Parliament.

A transposition note is available and can be obtained from the Department for Transport, as above.

Copies of the relevant EC Directives can be obtained from the Stationery Office.