The Road Vehicles (Construction and Use) Regulations 1986

Changes over time for: Section 36B

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There are currently no known outstanding effects for the The Road Vehicles (Construction and Use) Regulations 1986, Section 36B.

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[F136B.—(1) Subject to [F2paragraph (14)], this regulation applies to every motor vehicle [F3, not being a motor vehicle to which paragraph (1B) applies,] which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c)is first used on or after 1st August 1992 [F4and before 1st January 2005]; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; 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.

[F5(1A) Subject to [F6paragraph (14)], this regulation also applies to every motor vehicle which—

(a)is a goods vehicle;

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

(c)is first used on or after 1st January 2005; and

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

[F7(1B) Subject to [F8paragraph (14)], this regulation also applies to every motor vehicle, F9... which—

(a)is a goods vehicle;

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

(c)was first used on or after 1st October 2001 and before 1st January 2005;

(d)complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended by amendments up to and including those effected by Commission Directive 2001/27/EC; and

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

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

F10(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to [F11paragraph (14)], this regulation also applies to every vehicle which—

(a)is a goods vehicle;

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

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

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding [F1290 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.

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

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

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

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle F14... must be calibrated to a set speed not exceeding 60 mph.

[F15(9) F16... the requirements of this paragraph are that a speed limiter fitted to [F17a paragraph (1A) vehicle, a paragraph (1B) vehicle or] a paragraph (2) vehicle must be set [F18so that] the stabilised speed of the vehicle must not exceed 90 km/h.]

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date F19... must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24 [F20as amended by Directive 2004/11/EC of the European Parliament and of the Council].

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to [F21a paragraph (1A) vehicle, a paragraph (1B) vehicle and] a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24 [F22as amended by Directive 2004/11/EC of the European Parliament and of the Council].

F23(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Paragraph (7)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st August 1992 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.

F24(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

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

(b)which is 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 [F25fire brigade] [F26Scottish Fire and Rescue Service] [F27or, in England or Wales, fire and rescue authority] [F28or, in England, fire and rescue authority], ambulance or police purposes; F29...

[F30(f)at a time when it is being used on a public road during any calendar week if—

(i)it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii)it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994] [F31; or

(g)which is an emergency tactical response vehicle operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order within Her Majesty’s prisons or immigration detention centres.]

(15) In this regulation

“equivalent standard”, “Part 1 of the British Standard”, F32... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A;
[F33“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC);]
[F34“international transport operations” means transport operations outside the United Kingdom;]
[F34“national transport operations” means transport operations within the United Kingdom;]
F35... “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
[F36“set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and
F37... “set” in relation to a speed limiter fitted to [F38a paragraph (1A) vehicle, a paragraph (1B) vehicle and] a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly];
[F34“transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.]

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a)in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b)in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c)in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by [F39Schedule 10 or 10B]) or in column (4) of the plate (where the plate is in the form required by [F39Schedule 10A or 10C]).]

Textual Amendments

F1Regs. 36A, 36B substituted (1.1.1994) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/3048), regs. 1, 3(1), Sch. Pt. I

F2Words in reg. 36B(1) substituted (3.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(2)(i)

F3Words in reg. 36B(1) inserted (3.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(2)(ii)

F4Words in reg. 36B(1)(c) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(2)

F5Reg. 36B(1A)-(1D) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(3)

F6Words in reg. 36B(1A) substituted (3.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(3)

F7Reg. 36B(1B) substituted (12.12.2005) by The Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 (S.I. 2005/3170), regs. 1, 4(2)

F8Words in reg. 36B(1B) substituted (3.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(4)(a)

F9Word in reg. 36B(1B) omitted (3.3.2009) by virtue of The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(4)(b)

F10Reg. 36B(1C)(1D) omitted (3.3.2009) by virtue of The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 5(5)

F11Words in reg. 36B(2) substituted (1.9.2003) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 5(2)