The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 238

ROAD TRAFFIC AND VEHICLES

The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2007

Made

11th April 2007

Coming into operation

5th July 2007

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 55(1), (2) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1).

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2007 and shall come into operation on 5th July 2007.

Amendments to regulation 44 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

2.—(1) Regulation 44 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(2) (audible warning instruments) is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (5)—

(a) at the end of sub-paragraph (h) omit the word “or”; and

(b) after sub-paragraph (i) insert—

“(j) under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979(3)”, has the meaning given by section 93(4) of the Police Act 1997(4)); or

(k) owned or operated by the Secretary of State for Defence and used for the purpose of any activity—

(i) which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency, or

(ii) in connection with an event which could lead to a radiation accident or radiation emergency.”.

(3) After paragraph (9) insert—

“(9A) In this regulation “radiation accident” and “radiation emergency” shall have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001(5).”.

Sealed with the Official Seal of the Department of the Environment on 11th April 2007.

Stanley Duncan

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 which govern the construction, equipment, maintenance and use of motor vehicles.

Regulation 44 (audible warning instruments) is amended to permit the fitting of a bell, gong, siren or two-tone horn to a motor vehicle—

(a) under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used for the purposes of the investigation of serious crime; or

(b) owned or operated by the Secretary of State for Defence and used for the purpose of activity which either prevents or decreases exposure to radiation arising from a radiation accident or emergency, or is connected with an event which could lead to such an accident or emergency.

A Regulatory Impact Assessment has been produced and may be obtained from the Department of the Environment website at www.roadsafetyni.gov.uk.

(1)

S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department”

(2)

S.R. 1999 No. 454; relevant amending Regulations are S.R. 2002 No. 375 and S.R. 2003 No. 39

(3)

1979 c. 2

(4)

1997 c. 50

(5)

S.R. 2001 No. 436