The Road Vehicles (Construction and Use) Regulations 1986

[F1 36B.— (1) Subject to paragraph (6), this regulation applies to every motor vehicle which–

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 7500 kg;

(c) is first used on or after 1st August 1992; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph.

(2) A vehicle to which this regulation applies shall not be used on a road unless it has been fitted with a speed limiter.

(3) Every speed limiter fitted in accordance with paragraph (2) shall–

(a) comply with Part I of the British Standard;

(b) be calibrated to a set speed not exceeding 60 mph;

(c) be sealed [F2 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; and

(d) be maintained in good and efficient working order.

[F3 (3A) Paragraph (3)(c) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date,

(b) a speed limiter sealed outside the United Kingdom, “by an authorised sealer” were omitted]

(4) Sub-paragraphs (a) and (b) of paragraph (3) shall not apply to a speed limiter which complies with a standard or a technical regulation of another Member State or an international standard recognised in another Member State, which offers equivalent guarantees of safety, suitability and fitness for the purpose, and which is calibrated to a speed not exceeding 60 mph.

(5) A vehicle to which a speed limiter has been fitted shall not be driven on a road unless the speed limiter is functioning except for the purpose of–

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

(b) taking the vehicle to a place where the speed limiter is to be repaired or replaced.

(6) This regulation does not apply to a vehicle–

(a) which is being taken to a place where a speed limiter is to be installed or calibrated;

(b) owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(c) 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;

(d) while it is being used for fire brigade, ambulance or police purposes; or

(e) if and so long as it is exempt from vehicle excise duty by section 7(1) of the Vehicles (Excise) Act 1971.

(7) In this regulation–

• “Member State” shall be construed in accordance with Schedule I to the European Communities Act 1972;

• “[F4 authorised sealer] Part I of the British Standard”, “set speed” and “speed limiter” have the same meanings respectively as in regulation 36A; and

• “relevant speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when unladen.]

Textual Amendments

F1 Reg. 36B inserted (1.8.1991) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1991 (S.I. 1991/1527), regs. 1, 3(1)

F2 Words in reg. 36B(3)(c) inserted (1.8.1992) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1992 (S.I. 1992/422), regs. 1(2), 4(2)

F3 Reg. 36B(3A) inserted (1.8.1992) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1992 (S.I. 1992/422), regs. 1(2), 4(3)

F4 Words in reg. 36B(7) inserted (1.8.1992) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1992 (S.I. 1992/422), regs. 1(2), 4(4)