Statutory Rules of Northern Ireland
1997 No. 169
ROAD TRAFFIC AND VEHICLES
Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1997
Made
20th March 1997
Coming into operation
1st May 1997
The Department of the Environment, in exercise of the powers conferred on it by Articles 55(1), (2) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 1st May 1997.
(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(2).
Amendments to regulation 13 (braking systems of certain vehicles first used on or after 1st April 1983)
2. Regulation 13 of the principal Regulations shall be amended as follows—
(1) In paragraph (1), the words “(except sub-paragraph (b)(ii))” shall be deleted, for the words “the trailer” there shall be substituted the words “a trailer” and after the words “1983 or” in the proviso there shall be inserted the word “which”.
(2) In paragraph (2), the words “(b) and (c)” shall be deleted.
(3) In paragraph (3A)(3), the words “(b) and (c)” shall be deleted, for “(7)” there shall be substituted “(7A)”, and after the words “1992 or” in the first place where they appear there shall be inserted the word “which,”.
(4) After paragraph (3A) there shall be inserted the following paragraph—
“(3B) Save as provided in paragraphs (4), (5)(b) and (c), (6) and (7), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st May 1997 or which, in the case of a trailer, is manufactured on or after that date, shall comply with the construction, fitting and performance requirements specified in Annexes I, II, and VII to Community Directive 91/422(4), and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.
Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st May 1997 or which, in the case of a trailer, was manufactured before that date to comply with the said requirements instead of complying with paragraph (1), (2) or (3A) or with regulations 14 and 15.”.
(5) In Item 1 of the Table, for the words “and adapted” there shall be substituted the words “or adapted”.
(6) In paragraph (4), for “and (3A)” there shall be substituted “, (3A) and (3B)”.
(7) In paragraph (5)—
(a)for “and (3A)” there shall be substituted “, (3A) and (3B)”;
(b)in sub-paragraph (a)(5) for “and 88/194” there shall be substituted “, 88/194 or 91/422”;
(c)for paragraph (b), there shall be substituted the following paragraph—
“(b)in items 2 and 3—
(i)the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194 or 91/422 shall not apply in relation to any vehicle first used before 1st May 1998;
(ii)those requirements shall not apply in relation to any relevant bus first used on or after that date; and
(iii)sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194, or 91/422 shall not apply in relation to any vehicle,
and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;”;
(d)in sub-paragraph (d)(6), after the words “the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1990” there shall be inserted the words “, or the corresponding fee prescribed under any corresponding previous enactment” and for the words “belongs complies” there shall be substituted the words “belonged complied”.
(8) After paragraph (6), there shall be inserted the following paragraph—
“(6A) No motor vehicle to which paragraph (3B) applies and which is first used on or after 1st May 1998 shall be fitted with an integrated retarder unless either—
(a)the motor vehicle is fitted with an anti-lock device which acts on the retarder and which complies with the requirements specified in Annex X of Community Directive 91/422; or
(b)the retarder is fitted with a cut-out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat;
and expressions (other than the word “vehicle”) used in this paragraph which are also used in Annex I to Community Directive 85/647 shall, for the purposes of this paragraph, have the same meanings as in that Annex save that “retarder” shall not in any circumstances include a regenerative braking system.”.
(9) In paragraph (7B)(7), after “(3A)” there shall be inserted “or (3B)”.
(10) In paragraph (9)(8), for “or 88/194” there shall be substituted the words “, 88/194 or 91/422”.
Amendments to regulation 14 (braking systems of vehicles to which regulation 13 does not apply)
3. Regulation 14 of the principal Regulations shall be amended as follows—
(1) In paragraph (2)(9), for “or (3A)” there shall be substituted “(3A) or (3B)” and for “or 88/194” there shall be substituted “88/194 or 91/422”.
(2) After paragraph (6), there shall be inserted the following paragraph—
“(6A) Paragraph (5A) does not apply to—
(a)a vehicle with a maximum speed not exceeding 25 km/h; or
(b)a vehicle fitted for an invalid driver.”.
Amendments to regulation 15 (vacuum or pressure brake warning devices)
4. In Regulation 15 of the principal Regulations, in paragraph 2(a)(10), for “or (3A)” there shall be substituted, “(3A) or (3B)” and for “or 88/194” there shall be substituted “, 88/194 or 91/422”.
Amendments to regulation 16 (maintenance and efficiency of brakes)
5. Regulation 16 of the principal Regulations shall be amended as follows—
(1) In paragraph (2), the word “and” immediately after sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be inserted—
“and
(d)an industrial tractor.”.
(2) In Table 1—
(a)in item 1(11), for “or 88/194” there shall be substituted “, 88/194 or 91/422”; and
(b)in item 3, after the words “Goods vehicles” there shall be inserted the words “and buses (in each case)”.
(3) After paragraph (4), there shall be inserted the following paragraphs—
“(4A) A bus shall be deemed not to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.
(4B) For the purposes of paragraph (4A), the relevant weight,—
(a)in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and
(b)in relation to a bus first used before that date, is the weight specified in paragraph (4C).
(4C) The weight referred to in paragraph (4B)(b) is—
where—
X is the unladen weight of that bus in kilograms;
Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and
Z is—
in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8;
in the case of a PSV which is an articulated bus, the standing capacity; or
in any other case, nil.”.
(4) In paragraph (8)(12), for “88/194” there shall be substituted “, 88/194 or 91/422”.
(5) After paragraph (8), there shall be inserted the following paragraph—
“(9) In this regulation—
“PSV” means a public service vehicle within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1981(13);
“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under Article 62 of the Road Traffic (Northern Ireland) Order 1981.”.
Amendments to regulation 23 (tyre loads and speed ratings)
6. Regulation 23(14) of the principal Regulations shall be amended as follows—
(1) In paragraph (1), for the words “paragraphs (3), (4) and (7A)” there shall be substituted the words “paragraphs (3), (4), (7A) and (7B)”.
(2) In paragraph (7A)(15), after the words “shall not apply to” there shall be inserted the words “a tyre fitted to the axle of” and for the words “it” there shall be substituted the words “the vehicle”.
(3) After the table in paragraph (7A) there shall be inserted the following paragraphs—
“(7B) Paragraph (7C) applies where a tyre fitted to the axle of a vehicle—
(a)bears a speed category symbol and load-capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;
(b)is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and
(c)is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table III in paragraph 7A.
(7C) In the circumstances mentioned in paragraph (7B), paragraph (7) shall not apply to the tyre if—
(a)the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the less), and
(b)the load on the tyre does not exceed the load indicated by the load capacity index.”.
Amendments to regulation 59A (exhaust systems — motorcycles)
7. After paragraph 8 of regulation 59A(16) of the principal Regulations there shall be inserted the following paragraph—
“(8A) For the purposes of paragraphs (1)(b) and (2) in their application to vehicles with a design speed not exceeding 50km/h, Community Directive 89/235 EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of—
(a)sub-paragraph 3.1.3 of Annex II; and
(b)in sub-paragraph 3.2 of that Annex, the words “and 3.1.3.”.”
Amendments relating to trailers
8. After regulation 83 of the principal Regulations there shall be inserted the following regulation—
“Use of secondary coupling on trailers
83A.—(1) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if the trailer—
(a)is a trailer to which regulation 13 applies, and
(b)is not fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,
unless the requirements of paragraph (2) are met in relation to the motor vehicle and trailer.
(2) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that a secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of a separation of the main coupling while the trailer is in motion,—
(a)the drawbar of the trailer would be prevented from touching the ground, and
(b)there would be some residual steering of the trailer.
(3) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if—
(a)the trailer is a trailer to which regulation 13 applies,
(b)the trailer is fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,
(c)the operation of the device in those circumstances depends upon a secondary coupling linking the device to the motor vehicle, and
(d)the trailer is not fitted with a device which is designed to stop the trailer automatically in those circumstances in the absence of such a secondary coupling,
unless the requirements of paragraph (4) are met in relation to the motor vehicle and trailer.
(4) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that the secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of a separation of the main coupling while the trailer is in motion, the device of the kind referred to in paragraph (3)(b) and (c) fitted to the trailer would stop the trailer.
(5) This regulation is without prejudice to any other provision in these Regulations.”.
Amendments to Schedule 1 (Community Directives and ECE Regulations)
9.—(1) In Table I of Schedule 1 to the principal Regulations after item 61(17) there shall be inserted the following item—
| “61A | 91/422 | 15.7.91 | L233, 22.8. 91, p. 21 | The braking devices of certain categories of motor vehicles and their trailers | 71/320 as amended by 74/132, 75/524, 79/489, 85/647 and 88/194” |
Amendments to Schedule 2 (braking requirements)
10. In the Table in Schedule 2 to the principal Regulations, in items 4 and 6(18), for “or 88/194” there shall be substituted “, 88/194 or 91/422”.
Sealed with the Official Seal of the Department of the Environment on
L.S.
R. Wilson
Assistant Secretary
20th March 1997.
Explanatory Note
(This note is not part of the Regulations.)
These regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 (“the 1989 Regulations”) in relation to brakes and tyres. Apart from minor drafting changes, the Regulations make the following changes of substance.
Braking systems of certain vehicles first used on or after 1st May 1997
Regulation 2 amends Regulation 13 of the 1989 Regulations so as to require (with certain exceptions) motor vehicles first used on or after 1st May 1997 and trailers manufactured on or after that date to comply with certain requirements set out in Council Directive 71/320/EEC (O.J. No. L202, 6.9.71, p. 37) as last amended by Commission Directive 91/422/EEC (O.J. No. L233, 22.8.91, p. 21). Motor vehicles first used on or after 1st April 1992 and trailers manufactured on or after 1st October 1991 currently have to comply with certain requirements of Council Directive 71/320/EEC as last amended by Commission Directive 88/194/EEC (O.J. No. L92, 9.4.88, p. 47).
Regulation 13 as originally enacted modified the Directives as applied by the regulation so that buses would not have to comply with paragraph 1.1.4.2 of Annex II to Directive 71/320/EEC as last amended by Directive 79/489/EEC (O.J. No. L128, 26.5.79, p. 12). That paragraph requires the behaviour of vehicles on a road surface having reduced adhesion to fulfil specified conditions. Regulation 13(5) is amended so that coaches first used on or after 1st May 1998 will have to comply with the paragraph. Other buses are not affected by the amendment.
A new paragraph 13(6A) is inserted which provides that motor vehicles to which the new paragraph (3B) applies and which are first used on or after 1st May 1998 must not be fitted with an integrated retarder unless either:
(a)the motor vehicle is fitted with an anti-lock device which acts on the retarder and meets certain requirements specified in the Directive, or
(b)the retarder is fitted with a cut-out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat.
Braking systems of other vehicles
Regulation 14(5A) of the 1989 Regulations requires the braking systems of certain motor cycles to comply with ECE Regulation 78.01. Regulation 3 of these Regulations inserts a new paragraph (6A) which exempts vehicles with a maximum speed not exceeding 25 km/h and vehicles fitted for an invalid driver.
Maintenance of efficiency of brakes
Regulation 16(3) requires certain vehicles to be maintained so that the efficiency of the braking systems meets the requirements set out in a Table.
Paragraph (2) as originally enacted exempted certain agricultural motor vehicles, works trucks and pedestrian-controlled vehicles from the braking efficiency requirements. Regulation 5 amends paragraph (2) to exempt industrial tractors from those requirements.
The Table as originally enacted did not prescribe any braking efficiency requirements for buses first used on or after 15th August 1928 and before 1st January 1968. The Table is amended so that buses first used on or after 15th August 1928 and before 1st January 1968 will be required to meet braking efficiency requirements that are similar to the requirements for a goods vehicle in like circumstances.
A new paragraph (4A) is added to regulation 16. Its effect, in relation to a bus first used on or after the 1st April 1982, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when the vehicle is so laden that its gross weight is its maximum gross weight as defined in the Regulations. The effect of the paragraph, in relation to buses first used before that date, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when it is so laden that its gross weight is equal to a weight calculated by reference to its unladen weight, its seating capacity and its standing capacity.
Tyre loads and speed ratings
Regulation 23(7) requires the tyres of certain vehicles first used on or after the 1st April 1991 to be marked with an EC approval mark or to comply with ECE Regulations 30.01, 30.02 or 54. The vehicles include goods vehicles, trailers and buses. The requirements do not, however, apply to retreaded tyres.
New paragraphs (7B) and (7C) are inserted. They exempt tyres from the requirements of paragraph (7) in certain circumstances. The exemption is only applicable to a tyre designed so as to be capable of being fitted to an agricultural vehicle. In order to be exempt the tyre must be marked with a speed symbol and a load capacity index. The exemption applies only while the vehicle is travelling at a speed not exceeding the speed indicated by the speed symbol or 50 mph (whichever is the less) and the load on the tyre does not exceed the load indicated by the load capacity index.
Exhaust systems — motorcycles
Regulation 59A of the 1989 Regulations requires original (as opposed to replacement) silencers fitted to motor bicycles (and certain light three wheeled vehicles) first used on or after 1st February 1996 to comply with Council Directive 78/1015/EEC (O.J. No. L349, 13.12.78, p. 21), as amended by Council Directive 87/56/EEC (O.J. No. L24, 27.1.87, p. 42) and Council Directive 89/235/EEC (O.J. No. L98, 11.4.89, p. 1) subject to some modifications set out in the regulation. An effect of this provision is that an original silencer fitted to any such vehicle would have to meet the technical requirements of the amended directive (subject to some modifications) and bear a mark indicating that the silencer is of a type that has been officially approved under the amended Directive. Regulation 7 of these Regulations amends regulation 59A so that an original silencer fitted to a vehicle with a design speed not exceeding 50 km/h will not have to bear such an approval mark. The requirement to meet the technical requirements of the amended Directive (subject to some modifications) will not be affected.
These amendments do not affect the requirements of regulation 59A relating to replacement silencers or to original silencers fitted to vehicles with a design speed exceeding 50 km/h.
Trailers
Regulation 8 inserts a new regulation 83A. Paragraph (1) applies to a trailer manufactured on or after 1st October 1982 which is not fitted with a device designed to stop the trailer automatically in the event of the separation of the main coupling. The paragraph provides that the trailer must not be used on a road unless a secondary coupling is attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.
Paragraph (3) applies to certain other trailers manufactured on or after 1st October 1982. The trailers are those which are fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling where the operation of the device depends on a secondary coupling linking the device to the drawing vehicle. The paragraph prohibits the use of the trailer on a road unless the secondary coupling is properly attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.
Copies of the EEC Directives and ECE Regulations relevant to these Regulations can be obtained from The Stationery Office, 16 Arthur Street, Belfast BT1 4GD.
S.R. 1989 No. 299; relevant amending regulations are S.R. 1992 No. 111, S.R. 1992 No. 373, S.R. 1992 No. 509, S.R. 1994 No. 452 and S.R. 1995 No. 94
Paragraph (3A) was inserted by S.R. 1992 No. 111, regulation 4(4)
“Community Directive” is defined in regulation 3(2) of, and Table 1 of Schedule 1 to, the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989. Table 1 of Schedule 1 is amended by regulation 9 of these Regulations
Sub-paragraph (a) was substituted by S.R. 1992 No. 111, regulation 4(7)
Sub-paragraph (d) was amended by S.R. 1992 No. 111, regulation 4(7)
Paragraph (7B) was inserted by S.R. 1992 No. 373, regulation 4(3)
Paragraph (9) was amended by S.R. 1992 No. 111, regulation 4(9)
Paragraph (2) was amended by S.R. 1992 No. 373, regulation 5(1)
Paragraph (2)(a) was amended by S.R. 1992 No. 111, regulation 6(b)
Item 1 was amended by S.R. 1992 No. 373, regulation 7(2)
Paragraph (8) was amended by S.R. 1992 No. 111, regulation 6
S.I. 1981/154 (N.I. 1), as amended by S.I. 1981/1117 (N.I. 24), Art. 3(1) and S.I. 1990/997 (N.I. 7) Art. 7 and Sch. 2
Regulation 23 was substituted by S.R. 1992 No. 111, regulation 7
Paragraph (7A) was inserted by S.R. 1992 No. 509, regulation 3(8)
Regulation 59A was inserted by S.R. 1995 No. 94, regulation 3(5)
Item 61 was inserted by S.R. 1992 No. 373, regulation 11
Items 4 and 6 were amended by S.R. 1992 No. 111, regulation 9