Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 14th August, 2015.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 11 , 12 and 13 of the Road Traffic Act 1961 (No. 24 of 1961) 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:

Citation

1. (1) These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015.

(2) The Principal Regulations, the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2004 ( S.I. No. 99 of 2004 ), the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2004 ( S.I. No. 858 of 2004 ), the Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 ( S.I. No. 283 of 2007 ), the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 ( S.I. No. 366 of 2008 ), the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 ( S.I. No. 43 of 2013 ), the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014 ( S.I. No. 166 of 2014 ), the (No. 2) Regulations of 2014, the Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 ( S.I. No. 608 of 2014 ), the Regulations of 2015 and these Regulations may be cited together as the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2015 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 1 January 2016.

Interpretation

3. In these Regulations-

"(No. 2) Regulations of 2014" means the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 );

"Principal Regulations" means the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 );

"Regulations of 2015" means the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 ( S.I. No. 136 of 2015 ).

Amendment of Regulation 2 of Principal Regulations

4. Regulation 2(1) (as amended by Regulation 4 of the Regulations of 2015) of the Principal Regulations is amended-

(a) by inserting after the definition of "combination of vehicles" the following:

"‘Commission Regulation 2015/208’ means Commission Delegated Regulation (EU) 2015/208 of 8 December 2014¹ supplementing Regulation (EU) No. 167/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of agricultural and forestry vehicles, as subsequently amended from time to time;",

(b) by substituting for the definition of "interchangeable towed equipment" the following:

"‘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 and which vehicle may include any or none of the following features:

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

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

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

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

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

(ii) store temporarily any materials that are produced or needed during work;", and

(c) by inserting after the definition of ‘rigid drawbar trailer’ the following:

"‘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;".

Amendment of Regulation 23 of Principal Regulations

5. Regulation 23(2)(j) (inserted by Regulation 16 of the (No. 2) Regulations of 2014) of the Principal Regulations is amended by deleting "and interchangeable towed equipment".

Substitution of Regulation 26 of Principal Regulations

6. The Principal Regulations are amended by substituting for Regulation 26 (as amended by Regulation 17 of the (No. 2) Regulations of 2014) the following:

"26.(1) This Regulation does not apply to-

(a) a vehicle belonging to, or used for official purposes by, the Defence Forces, or

(b) a vehicle for grass-cutting, hedge-trimming or forestry operations while used in the day time.

(2) Subject to this Regulation, the overall width of a vehicle shall not exceed 2.50 metres.

(3) The overall width of a large public service vehicle may exceed 2.50 metres but shall not exceed 2.55 metres.

(4) The overall width of a goods vehicle or a goods trailer with a design gross vehicle weight in excess of 3.5 tonnes may exceed 2.50 metres but shall not exceed 2.55 metres.

(5) The overall width of a conditioned vehicle may exceed 2.5 metres but shall not exceed 2.60 metres.

(6)(a) Subject to subparagraph (c), the overall width of an agricultural tractor or an agricultural trailer may exceed 2.5 metres but shall not exceed 2.55 metres.

(b) The overall width of a large tractor may exceed 2.50 metres but shall not exceed 2.75 metres.

(c) The overall width of an agricultural tractor may exceed 2.55 metres but shall not exceed 3.5 metres where the tractor is fitted with flotation tyres or dual wheel systems.

(7) The overall width of a piece of fully mounted agricultural equipment or interchangeable towed equipment may exceed 2.5 metres but shall not exceed 3.0 metres.

(8)(a) Subject to subparagraph (b), the overall width of a self-propelled agricultural machine may exceed 2.5 metres but shall not exceed 3.5 metres.

(b) The overall width of a self-propelled agricultural machine may exceed 3.5 metres provided that whilst being driven in a public place the requirements of the Schedule are complied with.".

Insertion of Schedule into Principal Regulations

7. The Principal Regulations are amended by inserting after Regulation 61 the following Schedule:

"SCHEDULE

Requirements for self-propelled agricultural machines exceeding 3.5 metres in overall width and being driven in a public place

1. The self-propelled agricultural machine shall be preceded by an escort vehicle with illuminated dipped beam headlamps and carrying a working flashing amber beacon or beacons and a ‘CAUTION - WIDE LOAD FOLLOWING’ sign.

2. Subject to the requirements of the Lighting Regulations, the amber warning beacon or beacons shall only be used, or the ‘CAUTION - WIDE LOAD FOLLOWING’ sign carried, whilst the vehicle is actively engaged in escorting the self-propelled agricultural machine.

3. The ‘CAUTION - WIDE LOAD FOLLOWING’ sign shall be mounted on the escort vehicle such that the sign face is perpendicular to the road surface and the text is horizontal. The sign shall be mounted either on the roof of the escort vehicle or preferably below the front grille, ensuring that the front number plate is still legible and does not affect the operation of the vehicle.

4. The self-propelled agricultural machine shall itself display a working flashing amber beacon or beacons, one of which shall be clearly visible to the rear of the vehicle. A ‘WIDE LOAD’ sign shall also be permanently affixed to the rear of the self-propelled agricultural machine, preferably below the number plate.

5. The specifications for the ‘CAUTION - WIDE LOAD FOLLOWING’ and ‘WIDE LOAD’ signs are as follows:

(a) They shall be made of retroreflective material of at least Class RA1 as specified in I.S. EN 12899-1:2007.

(b) Lettering shall be a minimum of 100 mm in height and 50 mm in width.

(c) Lettering shall be black on a yellow retroreflective background with a red border.

(d) The font type shall be normal, clearly legible and upright.

(e) Italic scripts are not permitted.

(f) Chevron signalling panels satisfying the dimensional requirements in Figure 1 below and the colouring and photometric requirements of Appendix 3 to Annex XII to Commission Regulation 2015/208 shall be fitted to each end of the ‘CAUTION - WIDE LOAD FOLLOWING’ sign.

(g) Chevron signalling panels satisfying the fitment, colouring and photometric requirements of Appendix 3 to Annex XII to Commission Regulation 2015/208 shall be fitted either on each end of the ‘WIDE LOAD’ sign affixed to the rear of the self-propelled agricultural machine or at points (equidistant from the vehicle’s median longitudinal plane) that are not greater than 100 mm from the extreme outer edges of the vehicle. This value may be increased if the shape of the bodywork makes it impossible to keep within 100 mm.

Figure 1

"

GIVEN under my Official Seal,

12 August 2015.

PASCHAL DONOHOE,

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).

These Regulations amend the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to update the dimensional-related requirements for agricultural vehicles (including agricultural tractors, agricultural trailers, fully mounted agricultural equipment, interchangeable towed equipment and self-propelled agricultural machinery). They come into effect on 1 January 2016.

These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015.

1 O.J. No. L 42 of 17.2.2015, p. 1.