Statutory Rules of Northern Ireland

" Speed limiters fitted to goods vehicles
     43.  - (1) Subject to paragraph (9) this regulation applies to every goods vehicle which -


(a) has a maximum gross weight exceeding 12,000 kg;

(b) is first used on or after 1st January 1988; and

(c) has, or if a speed limiter were not fitted would have, a relevant speed exceeding 90 km/h,



and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

    (2) Subject to paragraphs (5) and (9) this regulation also applies to every goods vehicle which -



(a) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(b) is first used on or after 20th June 2005; and

(c) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h,



and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

    (3) Subject to paragraphs (4) and (9) this regulation also applies to every goods vehicle which -



(a) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

(b) was first used on or after 1st October 2001 and before 20th June 2005;

(c) complies with the limit values set out in Directive 88/77/EEC as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h,



and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

    (4) This regulation shall apply -



(a) on or after 20th June 2006 in the case of a paragraph (3) vehicle used for both national and international transport operations; and

(b) on or after 20th June 2007 in the case of a paragraph (3) vehicle used solely for national transport operations.



    (5) This regulation shall apply on or after 20th June 2008 in the case of a paragraph (2) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations.

    (6) Every vehicle to which this regulation applies shall be fitted with a speed limiter which must -



(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply;

(b) be maintained in good and efficient working order; and

(c) be set so that the stabilised speed of the vehicle must not exceed 90 km/h.



    (7) Subject to paragraph (11) a speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with -



(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.



    (8) A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

    (9) This regulation does not apply to a vehicle -



(a) being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b) completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c) is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d) is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e) while it is being used for fire brigade, ambulance or police purposes; or

(f) if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.



    (10) Paragraph (6)(a) shall have effect in relation to -



(a) a speed limiter fitted before 1st January 1995 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom,



as if the words "by an authorised sealer" were omitted.

    (11) Paragraph (7) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

    (12) In this regulation -



"authorised sealer", "Part 1 of the British Standard", "equivalent standard" and "speed limiter" have the same meanings as in regulation 42;
"international transport operations" means transport operations outside the United Kingdom;
"national transport operations" means transport operations within the United Kingdom;
"relevant speed" means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen;
"stabilised speed" means the mean speed of a vehicle when its speed is under the control of a speed limiter and stable speed control has been achieved; and
"transport operations" means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies."

(i) regulations 42(1), 42(7)(c), 42(10), of the 1999 Regulations: any passenger vehicle with a maximum gross weight exceeding 10 tonnes registered in one or more Member States of the European Union; and

(ii) regulations 43(1), 43(6)(c) and 43(8) of the 1999 Regulations: any goods vehicle with a maximum gross weight exceeding 12 tonnes registered in one or more Member States of the European Union.

Removal of the above exemption will allow enforcing authorities in Northern Ireland to enforce Articles 2 and 3 of Council Directive 92/6/EEC which require certain categories of motor vehicle to be fitted with speed limiters. Article 1 of European Parliament and Council Directive 2002/85/EC replaced, interalia, Articles 1 to 5 of Directive 92/6/EEC. In particular, the amendments made by regulation 2 will enable enforcing authorities to enforce the fitment requirement in respect of motor vehicles visiting Northern Ireland from elsewhere in the European Union. Additionally, they will enable enforcing authorities to apply effective penalties in cases of non-compliance, as required by Article 10 of European Parliament and Council Directive 2000/30/EC. Commission Directive 2003/26/EC adapted to technical progress, European Parliament and Council Directive 2000/30/EC. Enforcement in respect of motor vehicles registered in Northern Ireland is already provided for under regulations 42 and 43 of the 1999 Regulations. The amendments in regulation 2 will provide for equivalent treatment in the case of motor vehicles registered in Member States of the European Union other than Northern Ireland.

Regulation 3 and Schedule 1 substitute regulation 42 of the 1999 Regulations in its entirety in order to insert new requirements and to amend the current requirements in relation to speed limitation devices on buses and coaches. Spent provisions relating to vehicles used before a certain date have been removed. In regulation 42 (as substituted) -

(i) new paragraphs (2) and (3) extend the requirement to fit speed limiters to all passenger carrying vehicles with eight or more passenger seats, irrespective of weight, when first used on or after 20th June 2005. New paragraph (6) has the effect of deferring this requirement until 20th June 2008 for passenger carrying vehicles, with a maximum gross weight not exceeding 5 tonnes, when used solely for national transport operations;

(ii) new paragraph (4) (which is subject to paragraphs (5) and (11)) has the effect of requiring speed limiters to be fitted to passenger carrying diesel engined vehicles with a maximum gross weight not exceeding 10 tonnes, which are first used between 1st October 2001 and 20th June 2005;

(iii) new paragraph (5) has the effect of deferring the requirement to fit speed limiters to such vehicles until 20th June 2006 when used solely for national and international transport operations, or 20th June 2007 when used solely for national transport operations;

(iv) paragraphs (9)(b) and (10) require speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles that are the subject of these Regulations. Paragraphs (9)(b) and (10) have been amended to include reference to this amending Directive;

(v) paragraph 11 is amended to extend the list of vehicles exempted from the requirements of regulation 42; and

(vi) paragraph 14 is amended to include new definitions relating to transport operations.

Regulation 4 and Schedule 2 substitute regulation 43 of the 1999 Regulations in its entirety in order to insert new requirements and to amend the current requirements in relation to speed limitation devices on goods vehicles. Spent provisions relating to vehicles used before a certain date have been removed. In regulation 43 (as substituted) -

(i) new paragraph (2) extends the requirement to fit speed limiters to all goods carrying vehicles with a maximum gross weight exceeding 3,500kg but not exceeding 12,000kg when first used on or after 20th June 2005. New paragraph (5) has the effect of deferring this requirement until 20th June 2008 for goods carrying vehicles, with a maximum gross weight not exceeding 7,500kg, when used solely for national transport operations;

(ii) new paragraph (3) has the effect of requiring speed limiters to be fitted to goods carrying diesel engined vehicles with a maximum gross weight exceeding 3,500kg but not exceeding 12,000kg, which are first used between 1st October 2001 and 20th June 2005;

(iii) new paragraph (4) has the effect of deferring the requirement to fit speed limiters to such vehicles until 20th June 2006 when used solely for national and international transport operations, or 20th June 2007 when used solely for national transport operations;

(iv) paragraphs (7)(b) and (8) require speed limiters fitted to vehicles to comply with the provisions in the annexes to Directive 92/24/EEC. The scope of these provisions has been amended by Directive 2004/11/EC so that the construction requirements extend to speed limiters fitted to vehicles that are the subject of these Regulations. Paragraphs (7)(b) and (8) have been amended to include reference to this amending Directive; and

(v) paragraph 12 is amended to include new definitions relating to transport operations.

Regulation 5 amends regulation 83 of the 1999 Regulations so as to make a drafting correction to paragraph (1) and to omit a reference in paragraph (3) to a spent provision in regulation 43.

Regulation 6 amends Part II of Schedule 3 to the 1999 regulations (the conditions which apply to authorised sealers) to reflect the requirements that must be met by an authorised sealer when sealing a speed limiter. It also makes minor drafting corrections to paragraph 1.

Copies of relevant EC Directives can be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.