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41.—(1) An instrument for indicating speed fitted to a motor vehicle—
(a)in compliance with the requirements of regulation 40(1) or (3); or
(b)to which regulation 40(2)(h) relates and which is not, under the Community Recording Equipment Regulation, required to be equipped with the recording equipment mentioned in that paragraph,
shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.
(2) In this regulation “all material times” means all times when the vehicle is in use on a road except when—
(a)the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or
(b)as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.
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