EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) in respect of the requirements to fit mirrors to certain goods vehicles first used on or after 1st January 2000; the speed limiter requirements for passenger carrying vehicles and goods vehicles; and the construction requirements for minibuses and coaches so as to give effect to ECE Regulations 52.01, 107.01 and 107.02. (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”.)
These Regulations, in respect of the provisions imposing requirements as to the fitting of mirrors, implement Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007 on the retrofitting of mirrors to heavy goods vehicles registered in the Community (OJ No. L.184, 14.7.07, p. 25).
The 1986 Regulations were amended by S.I. 2004/2102 and 2005/3170 so as to implement Directive 2002/85/EC of the European Parliament and of the Council (OJ No. L57, 4.12.2002, p.327), which amended 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). S.I. 2004/2102 also provided for transitional arrangements for certain categories of vehicles in respect of the requirement to fit speed limiters, which are now time expired.
Regulation 3 amends regulation 33 of the 1986 Regulations to provide that a relevant vehicle is required to comply with the provisions of item 4 or 6 (depending on the maximum gross weight of the vehicle) of the Table in regulation 33 (subject to the omission of certain words). These requirements, however, only apply in relation to the fitting of wide-angled (class IV) and close proximity (class V) mirrors on the passenger’s side of the vehicle. A relevant vehicle is a goods vehicle that, but for the amendment made by these Regulations, would not be required to comply with item 4 or 6, was first used on or after 1st January 2000 and is not excluded from the scope of Directive 2007/38/EC by article 2(2)(b) or (c) of that Directive. Regulation 3 also provides that instead of complying with item 4 or 6, the provisions of article 3(2) or 3(3) of Directive 2007/38/EC may be complied with provided the conditions for doing so that are set out in those paragraphs of that article are met.
Regulation 4(2) to (4) amends regulation 36A so as to remove paragraphs (2D) and (2E) and the references to those paragraphs. Paragraphs (2D) and (2E) provided for transitional provisions exempting certain categories of passenger carrying vehicles from the requirement to be fitted with a speed limiter. Those provisions are now time expired. The vehicles that previously fell within paragraph (2D) are now required to be fitted with a speed limiter in accordance with paragraph (2C). The vehicles that previously fell within paragraph (2E) are now required to be fitted with a speed limiter in accordance with paragraph (2B). Regulation 4(5) inserts a new exemption into regulation 36A(13) for Her Majesty’s Prison Service vehicles which are primarily used in the movement of Category A prisoners. Regulation 4(6) inserts a new definition into regulation 36A(14) in respect of “Category A prisoners”. The category A security is one of the four security categories recommended in Lord Mountbatten of Burma’s Report of the Inquiry into Prison Escapes and Security (Cmnd 3175) (1967). The wording of the definition of “Category A prisoners” follows the category A security wording set out in that Report.
Regulation 5(3) to (5) amends regulation 36B so as to remove paragraphs (1C) and (1D) and the references to those paragraphs. Paragraphs (1C) and (1D) provided for transitional provisions exempting certain categories of goods vehicles from the requirement to be fitted with a speed limiter. Those provisions are now time expired. The vehicles that previously fell within paragraph (1C) are now required to be fitted with a speed limiter in accordance with paragraph (1B). The vehicles that previously fell within paragraph (1D) are now required to be fitted with a speed limiter in accordance with paragraph (1A). Regulation 5(4)(b) also has the effect that vehicles which previously fell within paragraph (1) but to which paragraph (1B) now applies are required to be fitted with a speed limiter so that their speed cannot exceed 90 kilometres per hour. vehicles which are primarily used in restoring order within Her Majesty’s prisons and immigration detention centres.
Regulation 5(6) inserts a new exemption into regulation 36B(14) for Her Majesty’s Prison Service emergency tactical response vehicles which are primarily used in restoring order within Her Majesty’s prisons and immigration detention centres.
Regulation 6(2) re-numbers regulation 41A of the 1986 Regulations as paragraph (1) of that regulation and then adds paragraph (2). Paragraph (2) has the effect that minibuses meeting the requirements of ECE Regulations 52.01, 107.01 or 107.02, in so far as they apply to minibuses, will not need to meet the requirements of items 2 to 4, and 7 to 12 in Schedule 6 (construction of minibuses) to the 1986 Regulations.
Regulation 7(2) re-numbers regulation 53C of the 1986 Regulations as paragraph (1) of that regulation and then adds paragraph (2). Paragraph (2) has the effect that coaches meeting the requirements of ECE Regulations 107.01 or 107.02, in so far as they apply to coaches, will not need to meet the requirements set out in regulation 53A or 53B.
Regulation 8 amends Schedule 2 of the 1986 Regulations to add Directive 2007/38/EC to Table I (Community Directives) and to add ECE Regulations 52.01, 107.01 and 107.02 to Table II (ECE Regulations).
An impact assessment (in respect of regulation 3) of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Transport Technology and Standards Division of the Department for Transport, Zone 2/07, Great Minster House, Marsham Street, London, SW1P 4DR (telephone: 0207 944 2115). An impact assessment (in respect regulations 4 and 5) is available from the Licensing, Roadworthiness and Insurance Division of the Department for Transport, Zone 2/09 (telephone number 020 7944 2455). A copy of either impact assessment may be obtained from the Department for Transport website (www.dft.gov.uk).
A copy of both impact assessments have been placed in the library of each House of Parliament. The impact assessments are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).
An impact assessment (in respect of regulations 6 and 7) has not been produced as no impact on the costs of business, the public sector, third sector organisations, regulators or consumers is foreseen.
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://www.unece.org/trans/main/wp29/wp29regs101-120.html.
Directive 2007/38/EC is available at the following web page:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:184:0025:0028:EN:PDF