The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 and shall come into force on 12th December 2005.

Preliminary

2.  The Road Vehicles (Construction and Use) Regulations 1986(1) shall be amended in accordance with the following provisions of these Regulations.

Amendment of regulation 3 (interpretation)

3.  In regulation 3(2), in the definition “Community Directive, followed by a number”, after the words “Commission of the European Communities”, there shall be added “or the European Parliament and the Council of the European Union”.

Amendment of regulation 4 (application and exemptions)

4.—(1) Regulation 4 shall be amended as follows.

(2) In paragraph (4)—

(a) insert at the start of paragraph (4), the words “Subject to paragraph (7),”; and

(b) in the Table add the following item after item 10—

“11

A vehicle being used on a road by a vehicle examiner, who has been authorised in writing by the Secretary of State for the purpose of— (a) submitting the vehicle for an examination under section 45 of the Road Traffic Act 1988 in order to ascertain whether the examination is carried out in accordance with regulations made under that section; or (b) removing the vehicle following that examination.

The regulations in Part 2. Regulations 67, 75 to 79 and 100.”

(3) After paragraph (6) insert—

“(7) The exemption provided by item 11 in the Table in paragraph (4) shall only apply to the extent that the vehicle examiner using the vehicle in question reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while it is being used by that person for a purpose mentioned in that item.

(8) In item 11 in the Table in paragraph (4) and paragraph (7), “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.”.

Amendment of regulation 33 (mirrors)

5.  For regulation 33, there shall be substituted the regulation set out in the Schedule to these Regulations.

Amendment to Schedule 2 (Community Directives and ECE Regulations)

6.—(1) In Table 1 in Schedule 2, in the appropriate numerical positions, there shall be added the following items—

“74C	96/96	20.12.96	L46, 17.2.97, p.1	Roadworthiness tests for motor vehicles and their trailers
83	2000/30	6.6.2000	L203, 10.8.2000, p.1	Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community
84	2002/85	5.11.2002	L57, 4.12.2002, p.327	Installation and use of speed limitation devices for certain categories of motor vehicles in the Community	92/6
85	2003/26	3.4.2003	L90, 8.4.2003, p.37	Speed limiters and exhaust emissions of commercial vehicles	2000/30
86	2003/27	3.4.2003	L90, 8.4.2003, p.41	Testing of exhaust emissions from motor vehicles	96/96
87	2003/97	10.11.2003	L25, 29.1.2004, p.1	Devices for indirect vision	71/127 as amended by 79/795, 85/205, 86/562 and 88/321
88	2004/11	11.2.2004	L44, 14.2.2004,p.19	Speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles	92/24	9A
89	2005/27	30.3.2005	L81, 30.3.2005, p.44	Devices for indirect vision	71/127 as replaced by 2003/97”

(2) In Table 2 in Schedule 2, after item 21A there shall be added the following item—

21A(1)

46.02

46

21.10.84.

Mirrors

23.06.05

Signed by authority of the Secretary of State

S.J. Ladyman

Minister of State

Department for Transport

11th November 2005