The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 87

Road Traffic And Vehicles

The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2018

Made

13th April 2018

Coming into operation

20th May 2018

The Department for Infrastructure(1) makes the following Regulations in exercise of the powers conferred by Articles 55(1) and (2) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 20^th May 2018.

Amendment of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland)

2.—(1) The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(4) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 24 (maintenance and efficiency of brakes)—

(a) in Table 1—

(i) after item 3 insert—

“3A	A motor tractor which is driven at more than 40km/h—
	(a) when not drawing a trailer	50    25
	(b) when drawing a non-agricultural trailer	45    25”; and

(ii) in item 4 for “1 to 3” substitute “1 to 3A”; and

(b) after paragraph (5) insert—

“(5A) For a motor tractor which is driven at more than 40km/h, when drawing an agricultural trailer each component of the combination shall comply with the requirements of that component specified in item 3A(a) of Table 1 and paragraph (10)(c).”.

(3) In Table 1 in Schedule 1 (community directives and ECE regulations)—

(a) omit item 88C;

(b) omit item 97; and

(c) after item 106 insert—

“107	2014/45	29.4.14	L127, 29.4.14, p.51	Periodic roadworthiness tests for motor vehicles and their trailers	2009/40
108	2014/47	29.4.14	L127, 29.4.14, p.134	Technical roadside inspection of the roadworthiness of commercial vehicles	2000/30”.

(4) For paragraph 8 of Part II of Schedule 10 (emissions from certain motor vehicles) substitute—

“8.— (1) This part of the Schedule applies to a vehicle if, when subjected to the “relevant test”, the coefficient of absorption of the exhaust emission from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a) if the vehicle is first used before 1^st July 2008 and the engine of that vehicle is turbo-charged, 3.0 per metre, or the manufacturer’s plate value if lower;

(b) if the vehicle is first used before 1^st July 2008 and the engine of that vehicle is not turbo-charged, 2.5 per metre, or the manufacture’s plate value if lower;

(c) if the vehicle is first used on or after 1^st July 2008 but before 1^st January 2014, the manufacturer’s plate value if available, otherwise 1.5 per metre; or

(d) if the vehicle is first used on or after 1^st January 2014, the manufacturer’s plate value if available, otherwise 0.7 per metre.

(2) In paragraph (1) “a relevant test” means a test conducted in accordance with—

(a) point 8.2.2 of Annex I of Directive 2014/45/EU; or

(b) point 8.2.2 of Annex II of Directive 2014/47/EU.”.

Sealed with the Official Seal of the Department for Infrastructure on 13^th April 2018

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”) make provision for the use of motor vehicles and trailers on roads and their construction. These Regulations amend the 1999 Regulations to give effect to the requirements of Directive 2014/45/EU of the European Parliament and of the Council of 3^rd April 2014 on the periodic roadworthiness tests for motor vehicles and their trailer.

These Regulations amend regulation 24 (which makes provision about the maintenance and efficiency of brakes) of the 1999 Regulations to prescribe requirements in relation to the brakes of certain motor tractors.

These Regulations also amend Schedule 10 (emissions from certain vehicles) of the 1999 Regulations. This change is in relation to the coefficient of absorption of the exhaust emissions from the engine of a vehicle to which Part II of Schedule 10 applies.

The references to applicable EU Directives contained in Schedule 1 (community directives and ECE Regulations) have also been amended.

An Explanatory Memorandum and Transposition Note have been produced and are available from the Safe and Sustainable Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Regulation at http://www.legislation.gov.uk/nisr.

(1)

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

(2)

S.I. 1995/2994 (N.I. 18)

(3)

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

(4)

S.R. 1999 No. 454 relevant amending Regulations are S.R. 2003 No. 517, S.R. 2004 No. 67, S.R. 2010 No. 181 and S.R. 2012 No. 150