“Speed limiters fitted to buses and coaches42.

(1)

Subject to paragraph (11) this regulation applies to every bus and coach which –

(a)

has a maximum gross weight exceeding 10 tonnes;

(b)

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h; and

(c)

was first used on or after 1st January 1988,

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.

(2)

Subject to paragraph (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

(a)

is first used on or after 20th June 2005;

(b)

has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

(c)

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 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.

(3)

Subject to paragraphs (6) and (11) this regulation also applies to every bus which –

(a)

is first used on or after 20th June 2005;

(b)

has a maximum gross weight not exceeding 5 tonnes; and

(c)

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,

and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(4)

Subject to paragraphs (5) and (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

(a)

was first used on or after 1st October 2001 and before 20th June 2005;

(b)

complies with the limit values set out in Council Directive 88/77/EEC5 as amended by amendments up to and including those effected by Commission Directive 2001/27/EC6;

(c)

has a maximum gross weight not exceeding 10 tonnes; and

(d)

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,

and a reference in this regulation to a paragraph (4) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(5)

This regulation shall apply –

(a)

on or after 20th June 2006 in the case of a paragraph (4) vehicle used for both national and international transport operations; and

(b)

on or after 20th June 2007 for a paragraph (4) vehicle used solely for national transport operations.

(6)

This regulation shall apply on or after 20th June 2008 in the case of a paragraph (3) vehicle used solely for national transport operations.

(7)

Subject to paragraphs (8) and (12) every vehicle to which this regulation applies shall be fitted with a speed limiter which must –

(a)

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

(b)

be maintained in good and efficient working order; and

(c)

be set so that the speed of the vehicle cannot exceed 100 km/h.

(8)

A speed limiter fitted to a paragraph (1) vehicle which is first used before 20th June 2005 may be set at a maximum speed of 100km/h.

(9)

Subject to paragraph (13) a speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with –

(a)

Part 1 of the British Standard; or

(b)

the Annexes to Community Directive 92/24, as amended by Directive 2004/11/EC of the European Parliament and of the Council7.

(10)

A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

(11)

This regulation does not apply to a vehicle –

(a)

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

(b)

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

(c)

which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d)

which 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 fire brigade, ambulance or police purposes; or

(f)

if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.

(12)

Paragraph (7) shall have effect in relation to –

(a)

a speed limiter fitted before 1st January 1995 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.

(13)

Paragraph (9) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14)

In this regulation –

“authorised sealer” means a person authorised by the Department in accordance with Schedule 3 of these Regulations, or by the Secretary of State for Transport in accordance with Schedule 3B of the Road Vehicles (Construction and Use) Regulations 19868.

“equivalent standard” means –

1. (i)

   a standard or code of practice of a national standards body or equivalent body of any EEA State, or

2. (ii)

   any international standard recognised for use as a standard by any EEA State, or

3. (iii)

   a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

“international transport operations” means transport operations outside the United Kingdom;

“national transport operations” means transport operations within the United Kingdom;

“Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS/AU 217: Part 1: 1987 and which came into effect on 28th May 1987; as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988;

“speed limiter” means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value; and

“transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.”