The Motor Cycles (Protective Helmets) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 1488

ROAD TRAFFIC

The Motor Cycles (Protective Helmets) (Amendment) Regulations 2000

Made

6th June 2000

Laid before Parliament

7th June 2000

Coming into force

30th June 2000

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 16 and 17 of the Road Traffic Act 1988(1), and after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Motor Cycles (Protective Helmets) (Amendment) Regulations 2000 and shall come into force on 30th June 2000.

(2) The Motor Cycles (Protective Helmets) Regulations 1998(2) shall be amended in accordance with the following provisions of these Regulations.

Interpretation

2.  In regulation 3, after subparagraph (a) there shall be inserted—

“(aa) “ECE Regulation 22” means Regulation No. 22 set out in Addendum 21 to the UN ECE Agreement;

(aaa) “ECE Regulation 22.05” means ECE Regulation 22 as amended by the 05 series of amendments and all previous amendments in force on 30th June 2000;

(aaaa) “the UN ECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended(3) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;”.

Prescribed types recommended helmet

3.—(1) Regulation 5(1) shall be amended as follows.

(2) In subparagraph (a) there shall be deleted “or”.

(3) For the words “and in either case” there shall be substituted “and in each case”.

(4) After “the standard in point)” there shall be inserted “, or (c) with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Larry Whitty

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

6th June 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Cycles (Protective Helmets) Regulations 1998 (S.I. 1998/1807) (“the 1998 Regulations”).

Regulation 2 inserts definitions of “ECE Regulation 22”, “ECE Regulation 22.05” and “the UN ECE Agreement”.

Regulation 3 adds, as a new prescribed type of recommended helmet, those helmets which conform with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that regulation. Only these helmets and the other types of helmet prescribed by regulation 5 of the 1998 Regulations may be sold as affording protection from injury to motorcyclists.

These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. 1998 No. L 204, p. 37).

The Motor Cycles (Eye Protectors) Regulations 1999 (S.I. 1999/535) as amended by the Motor Cycles (Eye Protectors) (Amendment) Regulations 2000 (S.I. 2000/ ) prescribe certain types of eye protectors as authorised for use by persons driving or riding on a motor bicycle.

The Value Added Tax (Protective Helmets) Order 2000 (S.I. 2000/ ) also comes into force on 30th June 2000. Its effect is to bring up to date and extend the present scope of VAT relief available on the supply of protective helmets for wear by a person driving or riding a motor bicycle.

Copies of the UN ECE Agreement, ECE Regulation 22 and its amendments including the 05 series of amendments and the Regulations referred to in these Regulations and this Explanatory Note can be obtained from the Stationery Office.

(1)

1988 c. 52.

(2)

S.I. 1998/1807.

(3)

Cmnd 2535 and 3562.