STATUTORY INSTRUMENTS.

S.I. No. 224 of 2000.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) REGULATIONS, 2000.

S.I. No. 224 of 2000.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) REGULATIONS, 2000.

In exercise of the powers conferred on the Minister for the Enviornment and Local Government by sections 5, 11 and 12 of the Road Traffic Act, 1961 , ( No. 24 of 1961 ) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 96/53/EC¹ , I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 2000.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1998 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 2000.

2. In these Regulations:--

“an authorisation plate” has the meaning assigned to it by article 4 of the European Communities (Proof of Compliance) Regulations, 2000;

“the Council Directive” means Council Directive 96/53/EC of 25th July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic;

“manufacturer's plate” means either the combination of the two plates referred to in paragraph (a) of Article 6 (1) of the Council Directive or the single plate referred to in paragraph (b) of the said Article 6 (1);

“plated vehicle” means a mechanically propelled vehicle, a trailer or a semi-trailer, which has been fitted by the manufacturer with a manufacturer's plate and which has not been altered in any way which would render any of the values inscribed on the plate inaccurate;

3. (1) Subject to the provisions of sub-articles (4) and (5) of this article, these Regulations apply to a vehicle being either a goods vehicle, goods trailer or semi-trailer, having a design gross vehicle weight exceeding 3,500 kilograms or a passenger vehicle having accommodation for more than eight passengers exclusive of the driver, having a design gross vehicle weight exceeding 5,000 kilograms.

(2) A vehicle to which this article applies shall, after the 31st day of December, 2000, at all times when used in a public place, be fitted with an authorisation plate.

(3) No vehicle to which this article applies shall, after the 31st day of December, 2000, be used in a public place, if it has been modified or altered in any way which would render any of the values inscribed on the plate inaccurate.

(4) This article shall not apply to a plated vehicle or a vehicle, which is temporarily imported.

(5) This article shall not apply to a vehicle first registered before the 1st day of January 2001 until:--

(a) in the case of a vehicle when undertaking an international journey, the 1st day of January, 2002, or

(b) in the case of a vehicle when undertaking a journey other than an international journey, the 1st day of January, 2003.

(6) The requirements of this article, for a vehicle to be fitted with an authorisation plate, shall be deemed to be complied with if the vehicle has been modified and is being taken to a place where an authorisation plate is to be fitted or amended.

4. (1) Subject to the provisions of sub-article (2) of this article:--

(a) the weight laden of a vehicle or a combination of vehicles shall not exceed the maximum weight laden appropriate to the vehicle or combination as set out on the authorisation plate in the column headed “Weights Not to be Exceeded in Ireland”.

(b) the weight transmitted to the surface of a road by any axle of a vehicle, shall not exceed the maximum weight appropriate to the axle, as set out on the authorisation plate in the column headed “Weights Not to be Exceeded in Ireland”.

(2) The provisions of sub-article (1) of this article shall not apply to a vehicle or combination of vehicles which is operating under a permit issued in accordance with the provisions of article 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963.

5. The provisions of paragraphs (a) and (c) of sub-article 15 of article 11 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ) are hereby repealed.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the implementation of certain requirements of Council Directive 96/53/EC of 25th July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and internationsl traffic and the maximum authorised weights in international traffic.

The regulations require in the absence of equivalent manufacturer's plates, the fitment of authorisation plates, to

(a) goods vehicles (including their trailers and semi-trailers) with a design gross vehicle weight exceeding 3.5 tonnes and to

(b) buses/coaches with more than 8 passenger seats and a design gross vehicle weight exceeding 5 tonnes.

Fitment to new vehicles will be required from 1st January 2001 and fitment to older vehicles undertaking international journeys will be required from 1st January 2002. Fitment to all other vehicles will be required from 1st January 2003.

The Regulations also revoke the maximum height limit for vehicles other than large public service vehicles.

These Regulations should be read in conjunction with the European Communities (Proof of Compliance) Regulations, 2000, which sets out the operational arrangements for the fitment of authorisation plates.

¹ O.J. No. L235/59 of 17.9.96.