Motor Vehicles (Authorised Weight) (Amendment) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations give effect in Northern Ireland to the proposals in “Transport 2010, The 10 Year Plan” (published by the Department of the Environment, Transport and the Regions on 20th July 2000) relating to the introduction of 44 tonne motor vehicles and trailers into the United Kingdom. They amend the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 258) to permit the use of such vehicles from 28th February 2002 and make consequential amendments. The Regulations also provide safeguards against the misuse of current axle lift technology and the emission of pollutants.

2.  Regulation 2 amends regulation 2 (interpretation) by introducing a new definition of an “axle-lift device” to reflect the requirements of Directive 97/27/EC and of a “low pollutant engine” which incorporates the new system requirements for the Euro II engine specified in Directive 91/542/EEC (which amends Directive 88/77/EEC).

3.  Regulation 3 substitutes regulation 3 (application of Regulations) in order to correct a drafting error and update a legislative reference.

4.  Regulation 4 amends regulation 4 (maximum authorised weights) to ensure that an offence may be committed by non-compliance with the new requirements in Schedule 3 even if the vehicle complies with regulations 87 to 91 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 454).

5.  Regulation 5 provides that regulation 93 of S.R.1999 No. 454 is not contravened when a vehicle is operated in accordance with paragraph 3 of Schedule 3.

6.  Regulation 6 inserts into Schedule 2 (maximum authorised weights for vehicle combinations) entries for vehicle combinations with a maximum authorised weight of 44 tonnes, and adds a requirement for the use of a low pollutant engine.

7.  Regulation 7 introduces maximum authorised weight and other requirements for retractable and loadable axles, with special provisions for the moving off by vehicles on slippery slopes.

8.  These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

9.  Copies of the EC Directives referred to in these Regulations may be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.

10.  A Regulatory Impact Assessment has been prepared and copies can be obtained from Vehicle Standards and Agencies Policy Branch, Room G26, Clarence Court, 10-18 Adelaide Street, Belfast BT2 8GB (telephone [phone], fax [phone]). A copy has been placed in the library of the Northern Ireland Assembly.