The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1991

Speed Limiters for Goods Vehicles

3.—(1) After regulation 36A (speed limiters), there shall be inserted the following new regulation–

“36B.— (1) Subject to paragraph (6), this regulation applies to every motor vehicle which–

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 7500 kg;

(c) is first used on or after 1st August 1992; and

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

(2) A vehicle to which this regulation applies shall not be used on a road unless it has been fitted with a speed limiter.

(3) Every speed limiter fitted in accordance with paragraph (2) shall–

(a) comply with Part I of the British Standard;

(b) be calibrated to a set speed not exceeding 60 mph;

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

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

(4) Sub-paragraphs (a) and (b) of paragraph (3) shall not apply to a speed limiter which complies with a standard or a technical regulation of another Member State or an international standard recognised in another Member State, which offers equivalent guarantees of safety, suitability and fitness for the purpose, and which is calibrated to a speed not exceeding 60 mph.

(5) A vehicle to which a speed limiter has been fitted shall not be driven on a road unless the speed limiter is functioning except for the purpose of–

(a) completing a journey in the course of which the speed limiter has accidentally ceased to function; or

(b) taking the vehicle to a place where the speed limiter is to be repaired or replaced.

(6) This regulation does not apply to a vehicle–

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

(b) owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(c) 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;

(d) while it is being used for fire brigade, ambulance or police purposes; or

(e) if and so long as it is exempt from vehicle excise duty by section 7(1) of the Vehicles (Excise) Act 1971(1).

(7) In this regulation–

• “Member State” shall be construed in accordance with Schedule I to the European Communities Act 1972;

• “Part I of the British Standard”, “set speed” and “speed limiter” have the same meanings respectively as in regulation 36A; and

• “relevant speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when unladen.”.

(2) After regulation 70A (speed limiters – plates), there shall be inserted the following new regulation–

“70B.— (1) Paragraph (2) applies to every vehicle to which regulation 36B applies and which is fitted with a speed limiter which complies with Part I of the British Standard or with a relevant standard.

(2) Every vehicle to which this paragraph applies shall be equipped with a plate which is in a conspicuous and readily accessible position within the driving compartment and which–

(a) if the speed limiter fitted to the vehicle complies with Part I of the British Standard, satisfies the requirements of paragraph (3), or

(b) whether that speed limiter complies with Part I of the British Standard or not, satisfies the requirements of paragraph (4),

in relation to that speed limiter.

(3) In order to satisfy the requirements of this paragraph, a plate must show clearly and indelibly the particulars specified in clause 10 of Part I of the British Standard and the words “SPEED LIMITER FITTED”.

(4) In order to satisfy the requirements of this paragraph, a plate must show clearly and indelibly–

(a) details of a relevant standard with which the speed limiter complies,

(b) the name or trade mark of the calibrator,

(c) the speed at which the speed limiter has been set, and

(d) the words “SPEED LIMITER FITTED”.

(5) In this regulation–

• “calibrator”, in relation to a speed limiter fitted to a vehicle means–

  (a)

  if the person who carried out the final check of the installation and calibration of the speed limiter was employed to do so by another person, his employer; or

  (b)

  in any other case, the person who carried out that final check.

• “Member State” shall be construed in accordance with Schedule I to the European Communities Act 1972;

• “Part I of the British Standard” and “speed limiter” have the same meaning respectively as in regulation 36A;

• “relevant standard” means a standard or a technical regulation of another Member State or an international standard recognised in another Member State, which offers equivalent guarantees of safety, suitability and fitness for the purpose; and

• “trade mark” has the same meaning as in Regulation 70A.”.

(1)

1971 c. 10.