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3. (1) These Regulations apply to any person who drives a relevant vehicle, other than a vehicle to which paragraph (2) applies, on a road and is —
(a)a national of a member State; or
(b)a national of a third country employed or used by an undertaking established in a member State.
(2) This paragraph applies to a vehicle—
(a)which it is an offence for that person to drive on any road at a speed greater than 45 kilometres per hour in Great Britain under section 89 of the Road Traffic Regulation Act 1984(1) or in Northern Ireland under the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989(2);
(b)which is being used by, or is under the control of any of the following —
(i)the armed forces;
(ii)a police force;
(iii)a local authority in the discharge of any function conferred on or exercisable by that authority under an order made under section 5 of the Civil Contingencies Act 2004(3) or regulations made under section 20 of that Act, or
(iv)a fire and rescue authority;
(c)which is undergoing road tests for technical development, repair or maintenance purposes, or that is a new or rebuilt vehicle which has not yet been put into service;
(d)which is being used in a state of emergency or is assigned to a rescue mission;
(e)which is being used in the course of a driving lesson or driving test for the purpose of enabling that person to obtain a driving licence or a CPC;
(f)which is being used for the non-commercial carriage of passengers or goods for personal use;
(g)which is carrying material or equipment to be used by that person in the course of his work, provided that driving that vehicle is not his principal activity.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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