The Motor Vehicles (Authorised Weight) and (Construction and Use) (Amendment) Regulations (Northern Ireland) 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 and the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”) in order to implement Commission Directive 2015/719 of the European Parliament and of the Council of 29 April 2015 amending Council Directive 96/53/EC in relation to the maximum authorised dimensions and weights of heavy goods vehicles and buses in national and international traffic where those vehicles use alternative fuel technology.

Regulation 2(4) and (6) increase the maximum authorised weights permitted for certain alternatively fuelled vehicles.

Regulation 2(5) requires the shipper to supply the haulier with written documentation stating the gross weight of any container or swap body to be transported. If required to do so, the haulier must make this information available to enforcement authorities.

Regulation 3(1) to (4) increase the maximum authorised length and width of various types of articulated vehicles engaged in an intermodal transport operation.

Regulation 3(5) replaces the reference to “gas” in regulation 49(2) and (2A) of the 1999 Regulations with “liquefied petroleum gas”. Motor vehicles with liquefied petroleum gas fuel systems must comply with the safety requirements set out in regulations 49 and 109 and Schedules 4 and 5 of the 1999 Regulations. As a consequence of the additional types of gases permitted for use in the propulsion of motor vehicles since the 1999 Regulations came into operation, regulation 49 is amended to remove any potential uncertainty as to the type of gas fuel system to which regulation 49 applies.

Regulation 3(6) permits a two axle bus, which is already in service at the time that these Regulations come into force, to display a plate of 18000 kg notwithstanding that the maximum authorised weight for such a vehicle determined in accordance with the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 exceeds 18000 kg.

Regulation 3(10) permits the use of hydrogen-fuelled and natural gas-fuelled vehicles on public roads provided their fuel systems have been approved in accordance with the Road Vehicle (Approval) Regulations 2009. The effect of this amendment is to remove the requirement for type approved hydrogen and natural gas-fuelled vehicles to be authorised by Vehicle Special Orders granted under Article 60 of the Road Traffic (Northern Ireland) Order 1995 in order to be used on the road.

A definition for the term “intermodal transport operation” is inserted by regulation 3(2)(d) into the 1999 Regulations. All references to “combined transport operations” in those Regulations are replaced by the term “intermodal transport operations”.

A Regulatory Impact Assessment has been produced and is available from Safe and Sustainable Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB. The Regulatory Impact Assessment, an Explanatory Memorandum and a Transposition Note are available online alongside this Statutory Rule at https://www.legislation.gov.uk/nisr