The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989

Explanatory Note

This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the principal regulations”).

The principal amendments are to regulation 57 (noise limits—motorcycles), which is amended in two respects.

1.  Compliance with the sound level limits permitted by E.E.C. Council Directive 87/56 at its first stage of implementation will be compulsory for motorcycles first used on or after 1st April 1991.

2.  Previously a vehicle was treated as complying with the principal regulations if a sound level measuring certificate (“a certificate”) was issued in relation to the vehicle by reason of the vehicle’s conforming with the requirements of E.E.C Council Directive 78/1015. By virtue of these Regulations a vehicle first used not later than31st March 1991 may be treated as complying with the principal regulations if a certificate has been issued in relation to the vehicle by reason of the vehicle’s conforming with either the requirements of Directive 78/1015 or 87/56. A vehicle first used on or after 1st April 1991 however may only be treated as complying with the principal regulations if a certificate has been issued in relation to the vehicle by reason of the vehicle’s conforming with the requirements of Directive 87/56. In this connection the omission of the sound level measuring certificate from regulation 6 in the principal regulations is corrected.

There are also provisions to clarify the meaning given in the principal regulations for “Community Directive, followed by a number”, to update the meaning given in the principal regulations for “the Community Recording Equipment Regulation”, and to effect consequential amendments.

Copies of the EEC Regulation and Directives referred to in these Regulations can be obtained from Her Majesty’s Stationery Office. Details of the EEC Regulation and Directives are set out in the Table below.

Principal Instrument	Relevant Amending Instrument
1. Council Regulation (EEC)No. 3821/85 of 20 December 1985(OJ No L370, 31.12.85, p.8).	—
2. Council Directive 78/1015/EEC of 23 November 1978 (OJ No L349, 13.12.78, p.21).	Council Directive 87/56/EEC of 18 December 1986 (OJ No L24, 27.1.87, p.42).