Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 10th June, 2014.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5 and 11 of the Road Traffic Act 1961 (No. 24 of 1961), sections 10 and 11 of the Road Traffic Act 1968 (No. 25 of 1968) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) hereby make the following regulations:

Part 1

Preliminary and General

Citation and commencement.

1. (1) These Regulations may be cited as the Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014.

(2) These Regulations shall come into operation on 1 January 2016.

Interpretation.

2. (1) In these Regulations:

"agricultural tractor":

(a) means a tractor the main function of which lies in its tractive power and which:

(i) has at least two axles,

(ii) has a maximum design speed of not less than 6 kilometres per hour,

(iii) has been designed especially to pull, push, carry and actuate certain interchangeable equipment,

(iv) has been designed for and is used in the performance of agricultural, fisheries, forestry or horticultural work, or to draw agricultural trailers or equipment, and

(b) includes a tractor as is described in paragraph (a) that:

(i) has been adapted to carry a load in the context of agricultural, fisheries, forestry or horticultural work, or

(ii) is equipped with one or more passenger seats;

"agricultural trailer":

(a) means a trailer intended mainly to be drawn by an agricultural tractor and intended mainly to carry loads or to process materials used in connection with agriculture, fisheries, forestry or horticulture and where the ratio of the design gross vehicle weight to the unladen weight of that vehicle is equal to or greater than 3.0; and

(b) does not include pieces of interchangeable towed equipment the ratio of the design gross vehicle weight to the unladen weight of which is equal to or greater than 3.0;

"authorisation plate" means an authorisation plate issued and fitted to an agricultural trailer consequent upon the issue of a plating certificate in respect of that vehicle in accordance with Regulation 5;

"authorised distributor" means a person who holds a franchise from a vehicle manufacturer to sell particular makes and models of vehicles manufactured by that manufacturer and who is authorised to represent the manufacturer and to act on its behalf in matters covered by these Regulations;

"centre-axle trailer" means a trailer where the axle is, or where there is more than one axle, the axles are, positioned close to the centre of gravity of the trailer, when uniformly loaded, so that only a small static vertical load, not exceeding 10% of that corresponding to the design gross vehicle weight of the trailer or a load of 1000 kilogrammes, whichever is the lesser, is transmitted to the drawing vehicle;

"combination of agricultural vehicles" means a combination of an agricultural tractor towing either an agricultural trailer or trailers or interchangeable towed equipment;

"Council Directive" means Council Directive 2009/144/EC of November 30, 2009 on certain components and characteristics of wheeled agriculture or forestry tractors;¹

"design gross vehicle weight" in the case of a vehicle type to which these Regulations applies, means the gross weight of a vehicle laden with the heaviest load that it can reasonably carry having regard to the engine, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown, be taken to be:

(a) its design gross weight as specified by the manufacturer, or

(b) where the design gross vehicle weight as specified by the manufacturer is not ascertainable, as specified by the authorised distributor;

"design speed" in relation to an agricultural tractor, a self-propelled agricultural machine, an agricultural trailer, or interchangeable towed equipment means the maximum permissible speed of the vehicle as specified by the manufacturer or authorised distributor of the vehicle having regard to the braking requirements prescribed by the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 ( S.I. No. 190 of 1963 ) as amended;

"drawbar trailer" means a trailer having at least two axles which is equipped with a towing device which can move vertically in relation to the trailer and which transmits a static vertical load less than 100 kilogrammes to the towing vehicle;

"first registered" means the date on which particulars of a vehicle are first entered in the register established and maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 or the date when first registered in accordance with the laws of another jurisdiction;

"interchangeable towed equipment" means any vehicle that is used in agriculture, fisheries, forestry or horticulture and which is designed to be drawn by an agricultural tractor:

(a) which vehicle may include any or none of the following features:

(i) the ability to change or add to the functions of such agricultural tractor,

(ii) the incorporation, permanently, of an implement,

(iii) an ability, by design, to process materials,

(iv) a load platform that is designed and constructed to:

(A) receive any tools and appliances that are needed for any of the foregoing purposes, or

(B) store temporarily any materials that are produced or needed during work; and

(b) the ratio of the design gross vehicle weight to the unladen weight of which vehicle is less than 3.0;

"manufacturer’s plate" means the plate referred to in Annex V of the Council Directive;

"plate" means, in the case of an agricultural tractor, a manufacturer’s plate, and in the case of an agricultural trailer, an authorisation plate;

"plated" means, in the case of an agricultural tractor, such a tractor that is fitted with a manufacturer’s plate, and in the case of an agricultural trailer, such a trailer that is fitted with an authorisation plate;

"plating certificate" means a certificate issued in respect of an agricultural trailer by the manufacturer of the vehicle or its authorised distributor following the inspection of the vehicle in accordance with Regulation 5;

"rigid drawbar trailer" means a trailer which:

(a) has one axle or one group of axles;

(b) is fitted with a drawbar which, due to its construction, transmits a static load not exceeding 4000 kilogrammes to the towing vehicle;

(c) is fitted with a coupling other than one consisting of a king pin and a fifth wheel; and

(d) does not meet the definition of a centre-axle trailer;

"self-propelled agricultural machine" means a machine capable of being driven under its own power which is designed specifically to perform agricultural, fisheries, forestry or horticultural work;

"speed disc" means a speed disc fitted in accordance with Regulation 8;

"tonne" is the weight executed by a mass of 1,000 kilogrammes;

"unladen weight" means:

(a) in the case of an agricultural tractor, the weight excluding the driver and optional accessories such as front or rear weights, tyre ballast, mounted implements, mounted equipment or any specialised components but including coolant, oils, fuel, tools and the roll-over protective structure,

(b) in any other case, the weight when not carrying passengers or a load; and

"vehicle identification number" means a fixed combination of characters assigned to a vehicle by the manufacturer or its authorised distributor for identification purposes which is marked on the chassis, frame or other similar structure and also on:

(a) the manufacturer’s plate in the case of an agricultural tractor, or

(b) the authorisation plate in the case of an agricultural trailer."

(2) In these Regulations, save where the context otherwise requires, a reference to the weight laden of a vehicle or combination of vehicles, or to the weight transmitted to the surface of a road by a vehicle or combination of vehicles, shall be construed as a reference to the weight of such vehicle or combination together with its load, if any, and any reference to the weight transmitted to the surface of a road by any part of a vehicle or combination of vehicles shall be construed accordingly.

(3) In these Regulations, the weight transmitted by an axle of a vehicle is taken as the weight transmitted by all the wheels of that vehicle the centres of which lie in a vertical plane extending across the full width of the vehicle at right angles to its longitudinal axis.

Part 2

Manufacturer’s Plate and Authorisation Plate

Requirement for and fitting of plates.

3. (1) An agricultural tractor shall, when used in a public place, be fitted with a manufacturer’s plate which shall conform to the requirements laid down in Annex V of the Council Directive.

(2) An agricultural trailer shall, when used in a public place, be fitted with an authorisation plate.

(3) The requirement specified in Regulation 3(2) shall apply irrespective of whether the agricultural trailer has been fitted with a manufacturer’s plate.

(4) Subject to Regulation 5, a manufacturer’s plate or an authorisation plate may only be fitted by the manufacturer of the vehicle or its authorised distributor.

(5) This Regulation shall not apply to:

(a) an agricultural tractor first registered prior to 1 January 2016, unless it:

(i) has a maximum design speed exceeding 40 kilometres per hour, or

(ii) is being used to draw either a tandem or a triaxle rigid drawbar agricultural trailer with a weight laden exceeding 19 or 22.5 tonnes respectively,

(b) an agricultural trailer manufactured prior to 1 January 2016 unless it is a rigid drawbar trailer which:

(i) has a maximum design speed exceeding 40 kilometres per hour, or

(ii) is capable by design of operating at a weight laden exceeding:

(I)19 tonnes in the case of a tandem axle trailer, or

(II)22.5 tonnes in the case of a triaxle trailer.

(6) A plated vehicle shall not be used in a public place, if it or its plate has been modified or altered in any way thereby rendering the information on its plate inaccurate.

(7) The requirements of this Regulation shall be deemed to be have been complied with if a vehicle is being taken unladen and by appointment for inspection to have a plate fitted or amended.

Weights not to exceed plate limits.

4. (1) Subject to Regulation 4(2), the weight laden or the weight transmitted to the surface of a road by any of its axles shall not exceed:

(a) for an agricultural tractor, its total permissible weight or the permissible axle loads as set out on the manufacturer’s plate,

(b) for an agricultural trailer, its maximum weight laden or the maximum weight appropriate to each axle as set out on the authorisation plate in the column headed "Weights Not to be Exceeded in Ireland".

(2) Regulation 4(1) shall not apply to an agricultural trailer being drawn by an agricultural tractor where that combination of vehicles is operating under a permit issued under the Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 ( S.I. No. 283 of 2007 ) or under Regulation 60 of the Road Traffic (Construction & Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) both as amended.

Issue and fitting of plating certificate and authorisation plate.

5. (1) Subject to Regulation 5(5), the manufacturer of an agricultural trailer, or its authorised distributor, in this Regulation referred to as "the examiner", may issue a plating certificate in respect of an agricultural trailer to a person who presents the said vehicle for inspection by the examiner.

(2) The examiner shall not issue a plating certificate in respect of an agricultural trailer unless the requirements of Schedule 2 have been complied with and the examiner’s declaration has been completed and signed.

(3) The original plating certificate shall be retained by the examiner who may send a copy to the owner of the trailer.

(4) After issuing the plating certificate, the examiner shall issue and fit the authorisation plate to the trailer.

(5) An authorised distributor shall not issue a plating certificate or an authorisation plate in respect of an agricultural trailer which is not a vehicle included within the terms of its franchise agreement with a manufacturer.

(6) A manufacturer of agricultural trailers may issue a plating certificate and authorisation plate in respect of an agricultural trailer where the original manufacturer of that trailer cannot be ascertained.

(7) If an agricultural trailer has been modified or altered in any way, thereby rendering the information on its plate inaccurate, an examiner may issue an amended plating certificate and fit an amended plate to the trailer and the provisions of this Regulation and Regulation 6 shall apply accordingly.

Requirements for plating certificate and authorisation plate

6. (1) Subject to Regulation 6(5), a plating certificate and an authorisation plate shall conform to the model set out in Schedule 1 and shall include a vehicle identification number for the trailer in question which satisfies the provisions of International Standard ISO 3779.

(2) On a plating certificate and an authorisation plate:

(a) information on dimensions shall be expressed in metres to two decimal places,

(b) information on weights shall be expressed as an integral number of kilogrammes, and

(c) information shall be set out in letters and digits with a minimum height of 4 millimetres.

(3) The information displayed on an authorisation plate shall be clearly visible and accessible on inspection and in a legible and indelible form and shall remain so during the lifetime of the vehicle.

(4) A plating certificate and an authorisation plate may, having regard to the weights prescribed by the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) as amended, contain such additional information on design weights as may be specified by the manufacturer or its authorised distributor.

(5) Additional information under Regulation 6(4) shall be shown on the certificate or plate, as the case may be, in a column immediately to the right of the column headed "Weights Not to be Exceeded in Ireland".

(6) A plating certificate issued in respect of an agricultural trailer or its authorisation plate may, having regard to the requirements of the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ) as amended, contain such additional information as may be required to satisfy the requirements of those Regulations.

Part 3

Speed Disc

Requirement for speed disc.

7. (1) An agricultural tractor, a self-propelled agricultural machine, an agricultural trailer or interchangeable towed equipment shall at all times, when used in a public place, be fitted with a speed disc.

(2) A vehicle shall not be used in a public place, if it or the disc has been modified or altered in any way thereby rendering the information on its speed disc inaccurate.

(3) This Regulation shall not apply to:

(a) an agricultural tractor or self-propelled agricultural machine first registered prior to 1 January 2016, unless it has a maximum design speed exceeding 40 kilometres per hour,

(b) an agricultural trailer manufactured prior to 1 January 2016 unless it is a rigid drawbar trailer with a maximum design speed exceeding 40 kilometres per hour, or

(c) interchangeable towed equipment manufactured prior to 1 January 2016 unless it has a maximum design speed exceeding 40 kilometres per hour.

(4) The requirements of this Regulation shall be deemed to be have been complied with if a vehicle, having been modified or altered, is being taken unladen and by appointment and at a speed not exceeding 40 kilometres per hour to have a speed disc fitted or amended.

Fitting and appearance of speed disc.

8. (1) A speed disc may only be fitted by the vehicle manufacturer or its authorised distributor.

(2) The speed rating assigned to a vehicle shall be equal to its maximum design speed.

(3) The maximum design speed shall be displayed on the speed disc in kilometres per hour and denoted in digits.

(4) A speed disc shall conform to the requirements set out in Schedule 3.

Location of speed disc.

9. (1) The speed disc shall be located:

(a) on an agricultural tractor, agricultural trailer or interchangeable towed equipment, in a prominent position on the rear of the vehicle;

(b) on a self-propelled agricultural machine, in a prominent position on both sides and on the rear of the vehicle;

(c) on an agricultural trailer or interchangeable towed equipment where due to its design or use the disc is invisible from the rear, in a prominent position on the right side of the vehicle, as viewed from the rear.

(2) Where a speed disc cannot be attached directly to a vehicle, then a plate shall be attached to the vehicle for the display of the disc and the provisions of this Regulation shall apply to the location of that plate.

Part 4

Speed

Speed restrictions.

10. (1) An agricultural tractor or a self-propelled agricultural machine shall not be driven, and an agricultural trailer or interchangeable towed equipment shall not be drawn, in a public place at a speed exceeding:

(a)40 kilometres per hour unless it is fitted with a speed disc;

(b) the speed rating displayed on its speed disc;

(c) the speed limit applicable to the public place in which it is travelling.

(2) A combination of agricultural vehicles shall not be used in a public place at a speed that exceeds the maximum design speed of the slowest vehicle in the combination.

SCHEDULE 1

MODEL PLATING CERTIFICATE OR AUTHORISATION PLATE FOR AN AGRICULTURAL TRAILER

SCHEDULE 2

PLATING CERTIFICATE AND AUTHORISATION PLATE INSPECTION REQUIREMENTS

1. The examiner shall examine the agricultural trailer to ascertain whether it has been previously assigned a Vehicle Identification Number.

2. If a Vehicle Identification Number has not been previously assigned, the examiner shall assign one to the trailer in accordance with the provisions of International Standard ISO 3779.

3. The examiner shall stamp the Vehicle Identification Number on the trailer chassis and include it in the information to be contained in the plating certificate and authorisation plate.

4. The examiner shall assign a maximum design speed to the trailer having regard to the braking requirements prescribed by the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 ( S.I. No. 190 of 1963 ) as amended.

5. The examiner shall measure and record the axle spacing of the trailer and shall assign axle weights, a maximum permitted laden weight and a maximum drawbar loading having regard to the weights and dimensional requirements prescribed by the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) as amended.

6. In relation to the foregoing, the examiner shall have regard to:

a) the construction characteristics of the trailer; and

b) the general maintenance and condition of the trailer.

7. The examiner shall not issue a plating certificate or authorisation plate unless the tyres fitted to the trailer have:

a) a sufficient speed index for the maximum design speed to be assigned, and

b) a sufficient load index for the maximum axle weights to be assigned.

8. The examiner shall record the tyre size, tyre load speed index and whether the tyres are fitted in single or twin format.

9. The examiner shall measure and record the trailers length and width, disregarding from the measurement those items which are to be disregarded in the calculation of overall width when a trailer is fitted with flotation tyres in accordance with Regulation 23 of the Road Traffic (Construction & Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) as amended.

SCHEDULE 3

SPEED DISCS

1. A speed disc shall consist of a round white disc of non-reflecting material with a diameter of 200 millimetres.

2. The disc shall have a black border between 3 millimetres and 5 millimetres in width.

3. The disc shall consist of a flat surface.

4. The disc may be fixed onto a larger and differently shaped area such as bodywork or a plate affixed to the vehicle provided that all requirements of these Regulations are fulfilled.

5. All information on the disc shall be in black type and shall not be handwritten.

6. The font type shall be normal, clearly legible and upright.

7. Italic scripts are not permitted.

8. All digits shall be in the same font size being a minimum of 100 millimetres in height and 50 millimetres in width.

GIVEN under my Official Seal,

4 June 2014.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

The Regulations require from 1st January 2016

(a) the fitment of a manufacturer’s plate to an agricultural tractor and an authorisation plate to an agricultural trailer.

Retrospective fitment of plates to existing vehicles will also be required from 1st January 2016 but will only apply:

(i) in the case of agricultural tractors, in circumstances in which the tractor has a maximum design speed exceeding 40 kilometres per hour or is being used to draw tandem or triaxle rigid drawbar agricultural trailers with laden weights exceeding 19 or 22.5 tonnes respectively, and

(ii) in respect of agricultural trailers, in cases in which the trailer is capable by design of being drawn at a speed exceeding 40 kilometres per hour or operating at weights exceeding the aforementioned limits.

The Regulations also provide for the operational arrangements relating to the fitment of authorisation plates by trailer manufacturers and their authorised distributors.

(b) the fitment of a speed disc to an agricultural tractor, a self-propelled agricultural machine, an agricultural trailer, and interchangeable towed equipment showing the maximum design speed.

Fitment to new vehicles, irrespective of the design speed of the vehicle, will be required from 1 January 2016. Retrospective fitment of discs to existing vehicles will also be required from 1 January 2016 but will only apply in the case of vehicles which are capable by design of either being driven or drawn at a speed exceeding 40 kilometres per hour.

The Regulations also provide for the operational arrangements relating to the fitment of speed discs by manufacturers and their authorised distributors.

1 OJ L 27, 30.1.2010.