Motor Vehicles (Authorisation of Special Types) Order (Northern Ireland) 1997

Vehicles for moving excavated material

15.  The Department authorises the use on roads of plant or equipment (other than engineering plant) being a heavy motor car, trailer or articulated vehicle specially designed and constructed for use in private premises for the primary purpose of moving excavated material and fitted with a tipping body, moving platform or other similar device for discharging its load, and which cannot, owing to the requirements of that purpose, comply in all respects with the requirements of the Construction and Use Regulations, subject to the following restrictions and conditions—

(a) the vehicle shall be used only in proceeding to and from private premises or between private premises and a port in either direction and shall carry no load other than its necessary gear or equipment;

(b) a heavy motor car not forming part of an articulated vehicle shall not draw any other trailer;

(c) where a trailer is drawn by a motor vehicle, the motor vehicle shall not draw any trailer;

(d) where the overall width of the vehicle exceeds 5 metres the conditions specified in Article 27 shall be complied with;

(e) in the case of a heavy motor car not forming part of an articulated vehicle, the sum of the weights transmitted to the road surface by any two wheels in line transversely do not exceed 22,860 kilograms and the sum of the weights so transmitted by all the wheels shall not exceed 50,800 kilograms;

(f) in the case of a trailer, whether or not forming part of an articulated vehicle, the provisions of regulation 14 of the Construction and Use Regulations shall not apply if the trailer is equipped with an efficient brake or with suitable scotches or similar devices to hold it stationary when necessary;

(g) the overall length of a trailer shall not exceed 8.54 metres and the overall length of an articulated vehicle shall not exceed 13.4 metres;

(h) the vehicle shall not travel on any road, other than a motorway, at a speed exceeding 12 miles per hour;

(i) every wheel of the vehicle shall be equipped with a pneumatic tyre;

(j) (i) save as provided in sub-paragraph (ii), where the overall width of the vehicle exceeds 3.5 metres, at least one person, in addition to the person or persons employed as respects a motor vehicle in driving that vehicle, shall be employed in attending to that vehicle and any load carried thereby and any trailer drawn by that vehicle and any load carried on the trailer and to give warning to the driver of the said motor vehicle and to any other person of any danger likely to be caused to any such other person by reason of the presence of the vehicle or the vehicle and trailer on the road;

(ii) where three or more vehicles authorised by this Article are travelling together in convoy, it shall be a sufficient compliance with sub-paragraph (i) if only the foremost and rearmost vehicles in the convoy are attended in the manner prescribed in this paragraph;

(k) save in so far as the Chief Constable dispenses with any of the requirements contained in this paragraph as to length of notice or particulars to be given, the user of the vehicle, if its overall width exceeds 2.9 metres, before using it on a road, shall give at least two clear days' notice to the Chief Constable and such notice shall contain particulars of the vehicle concerned, of its overall width, and of the time, date and route of the proposed journey;

(l) subject to any variation in the time, date or route of the journey which may be directed by the Chief Constable, the vehicle shall be used only in circumstances which accord with the particulars given in compliance with the foregoing paragraph as to the time, date and route of the journey and the overall width of the vehicle does not exceed the width of which particulars have been given as aforesaid;

(m) in the case of the use of a vehicle in respect of which any of the requirements of the Construction and Use Regulations as to the weights of vehicles, whether laden or unladen, or the weights transmitted to the road surface by all or any of the wheels is not complied with, or, where a combination of vehicles is used, if any of the said requirements as to any or all of the vehicles in the combination is not complied with—

(i) save in so far as the Department in relation to any road or the bridge authority for any bridge on which it is proposed that the vehicle, or as the case may be, the vehicles, will be used dispenses, as respects the use of the vehicle or vehicles on that road or, as the case may be, on that bridge, with the requirements contained in this sub-paragraph as to length of notice or as to the form of notice or the particulars to be given, the user of the vehicle or, as the case may be, of the vehicles, before using the vehicle or vehicles on that road or that bridge, shall give to the Department in relation to any road or bridge authority for the bridge at least two clear days' notice in the form and containing the particulars specified in Part I of Schedule 5, and

(ii) before using the vehicle, or, as the case may be, the vehicles on any road or bridge the user of the vehicle or vehicles shall give to the Department in relation to any road and to the bridge authority for the bridge an indemnity in the form specified in Part II of Schedule 5,

and for the purposes of this sub-paragraph references to a combination of vehicles shall be construed in the same manner as is provided in regulation 79(1)(g) of the Construction and Use Regulations; and

(n) in a case specified in an item in column 2 of the Table, all the Construction and Use Regulations shall apply except those which are specified in that item in column 3, save as provided in paragraph (f).

TABLE

(1)	(2)	(3)
Item	Case	Construction and Use Regulations not Applicable
1	A heavy motor car not forming part of an articulated vehicle.	Regulations 7, 14, 16 (except paragraph (1)), 20, 61, 64, 73 to 78 and the requirement contained in sub-paragraph (c) of item 18 in Schedule 2 to those Regulations in so far as it relates to the ability of the parking brake to hold the vehicle stationary on a gradient.
2	A trailer nor forming part of an articulated vehicle.	Regulations 7, 16 (except paragraph (1)), 20, 64 and 65.
3.	An articulated vehicle.	Regulations 6(1), 7, 10, 14, 16 (except paragraph (1)), 20, 61, 64, 65, 68, 73 to 78 and the requirement contained in sub-paragraph (c) of item 18 in Schedule 2 to those Regulations in so far as it relates to the ability of the parking brake to hold the vehicle stationary on a gradient.