EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations transpose Commission Directive 2015/719 amending Council Directive 96/53/EC (“the EU Directive”) by amending the Road Vehicles (Authorised Weight) Regulations 1998 (S.I. 1998/3111) and the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) (the “1986 Regulations”) in relation to the maximum authorised dimensions and weights of heavy goods vehicles and buses in national and international traffic where those vehicles use alternative fuel technology.
Regulations 5 and 7 increase the maximum authorised weight permitted for certain alternatively fuelled vehicles.
Regulation 6 transposes the EU Directive requirement that the shipper supply the haulier with written documentation stating the gross weight of any container or swap body to be transported. If required to do so, the haulier must make this information available to enforcement authorities.
Regulations 10 and 11 increase the maximum authorised length and width of various types of articulated vehicles engaged in an intermodal transport operation.
Regulation 12 replaces the reference to “gas” in regulation 40(2) and 40(2A) of the 1986 Regulations with “liquefied petroleum gas”. Motor vehicles with liquefied petroleum gas fuel systems must comply with the safety requirements set out in regulations 40, 94 and Schedules 4 and 5 of the 1986 Regulations. As a consequence of the additional types of gases permitted for use in the propulsion of motor vehicles since the 1986 Regulations came into force, regulation 40 is amended to remove any potential uncertainty as to the type of gas fuel system to which regulation 40 applies.
Regulation 13 permits a two axle bus which is already in service at the time that these Regulations come into force, to display a plate of 18000kg notwithstanding that the maximum authorised weight for such a vehicle determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998 exceeds 18000kg.
Regulations 14 and 15 make amendments to regulations 76(1A) and 77(2A) of the 1986 Regulations as a consequence of the insertion into regulation 18 of the term intermodal transport operation.
Regulation 16 amends regulation 94 of the 1986 Regulations to permit the use of hydrogen-fuelled and natural gas-fuelled vehicles on public roads provided their fuel systems have been approved in accordance with the Road Vehicle (Approval) Regulations 2009. The effect of this amendment is to remove the requirement for type-approved hydrogen and natural gas-fuelled vehicles to be authorised by Vehicle Special Orders granted under section 44 of the Road Traffic Act 1988 in order to be used on the road.
Regulation 17 inserts a new definition of “intermodal transport operation” and “water transport terminal” into Schedule 11A of the 1986 Regulations.
Regulation 18 requires the Secretary of State to review the operation and effect of these Regulations and publish report within 5 years after they come into force and within every 5 years after that. Following a review it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be amended or be revoked. A further instrument would be needed to amend the Regulations or to revoke them.
An Explanatory Memorandum has been prepared for these Regulations together with a transposition note setting out how the main elements of the EU Directive are transposed into UK law. The Explanatory Memorandum and transposition note is available alongside this instrument on the UK legislation website at www.legislation.gov.uk.