Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 (“the 1989 Regulations”) in relation to brakes and tyres. Apart from minor drafting changes, the Regulations make the following changes of substance.

Braking systems of certain vehicles first used on or after 1st May 1997

Regulation 2 amends Regulation 13 of the 1989 Regulations so as to require (with certain exceptions) motor vehicles first used on or after 1st May 1997 and trailers manufactured on or after that date to comply with certain requirements set out in Council Directive 71/320/EEC (O.J. No. L202, 6.9.71, p. 37) as last amended by Commission Directive 91/422/EEC (O.J. No. L233, 22.8.91, p. 21). Motor vehicles first used on or after 1st April 1992 and trailers manufactured on or after 1st October 1991 currently have to comply with certain requirements of Council Directive 71/320/EEC as last amended by Commission Directive 88/194/EEC (O.J. No. L92, 9.4.88, p. 47).

Regulation 13 as originally enacted modified the Directives as applied by the regulation so that buses would not have to comply with paragraph 1.1.4.2 of Annex II to Directive 71/320/EEC as last amended by Directive 79/489/EEC (O.J. No. L128, 26.5.79, p. 12). That paragraph requires the behaviour of vehicles on a road surface having reduced adhesion to fulfil specified conditions. Regulation 13(5) is amended so that coaches first used on or after 1st May 1998 will have to comply with the paragraph. Other buses are not affected by the amendment.

A new paragraph 13(6A) is inserted which provides that motor vehicles to which the new paragraph (3B) applies and which are first used on or after 1st May 1998 must not be fitted with an integrated retarder unless either:

(a) the motor vehicle is fitted with an anti-lock device which acts on the retarder and meets certain requirements specified in the Directive, or

(b) the retarder is fitted with a cut-out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat.

Braking systems of other vehicles

Regulation 14(5A) of the 1989 Regulations requires the braking systems of certain motor cycles to comply with ECE Regulation 78.01. Regulation 3 of these Regulations inserts a new paragraph (6A) which exempts vehicles with a maximum speed not exceeding 25 km/h and vehicles fitted for an invalid driver.

Maintenance of efficiency of brakes

Regulation 16(3) requires certain vehicles to be maintained so that the efficiency of the braking systems meets the requirements set out in a Table.

Paragraph (2) as originally enacted exempted certain agricultural motor vehicles, works trucks and pedestrian-controlled vehicles from the braking efficiency requirements. Regulation 5 amends paragraph (2) to exempt industrial tractors from those requirements.

The Table as originally enacted did not prescribe any braking efficiency requirements for buses first used on or after 15th August 1928 and before 1st January 1968. The Table is amended so that buses first used on or after 15th August 1928 and before 1st January 1968 will be required to meet braking efficiency requirements that are similar to the requirements for a goods vehicle in like circumstances.

A new paragraph (4A) is added to regulation 16. Its effect, in relation to a bus first used on or after the 1st April 1982, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when the vehicle is so laden that its gross weight is its maximum gross weight as defined in the Regulations. The effect of the paragraph, in relation to buses first used before that date, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when it is so laden that its gross weight is equal to a weight calculated by reference to its unladen weight, its seating capacity and its standing capacity.

Tyre loads and speed ratings

Regulation 23(7) requires the tyres of certain vehicles first used on or after the 1st April 1991 to be marked with an EC approval mark or to comply with ECE Regulations 30.01, 30.02 or 54. The vehicles include goods vehicles, trailers and buses. The requirements do not, however, apply to retreaded tyres.

New paragraphs (7B) and (7C) are inserted. They exempt tyres from the requirements of paragraph (7) in certain circumstances. The exemption is only applicable to a tyre designed so as to be capable of being fitted to an agricultural vehicle. In order to be exempt the tyre must be marked with a speed symbol and a load capacity index. The exemption applies only while the vehicle is travelling at a speed not exceeding the speed indicated by the speed symbol or 50 mph (whichever is the less) and the load on the tyre does not exceed the load indicated by the load capacity index.

Exhaust systems — motorcycles

Regulation 59A of the 1989 Regulations requires original (as opposed to replacement) silencers fitted to motor bicycles (and certain light three wheeled vehicles) first used on or after 1st February 1996 to comply with Council Directive 78/1015/EEC (O.J. No. L349, 13.12.78, p. 21), as amended by Council Directive 87/56/EEC (O.J. No. L24, 27.1.87, p. 42) and Council Directive 89/235/EEC (O.J. No. L98, 11.4.89, p. 1) subject to some modifications set out in the regulation. An effect of this provision is that an original silencer fitted to any such vehicle would have to meet the technical requirements of the amended directive (subject to some modifications) and bear a mark indicating that the silencer is of a type that has been officially approved under the amended Directive. Regulation 7 of these Regulations amends regulation 59A so that an original silencer fitted to a vehicle with a design speed not exceeding 50 km/h will not have to bear such an approval mark. The requirement to meet the technical requirements of the amended Directive (subject to some modifications) will not be affected.

These amendments do not affect the requirements of regulation 59A relating to replacement silencers or to original silencers fitted to vehicles with a design speed exceeding 50 km/h.

Trailers

Regulation 8 inserts a new regulation 83A. Paragraph (1) applies to a trailer manufactured on or after 1st October 1982 which is not fitted with a device designed to stop the trailer automatically in the event of the separation of the main coupling. The paragraph provides that the trailer must not be used on a road unless a secondary coupling is attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.

Paragraph (3) applies to certain other trailers manufactured on or after 1st October 1982. The trailers are those which are fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling where the operation of the device depends on a secondary coupling linking the device to the drawing vehicle. The paragraph prohibits the use of the trailer on a road unless the secondary coupling is properly attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.

Copies of the EEC Directives and ECE Regulations relevant to these Regulations can be obtained from The Stationery Office, 16 Arthur Street, Belfast BT1 4GD.