The Road Vehicles (Construction and Use) (Amendment) (No. 1) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986.

The amendments implement Council Directives 92/6/EEC (OJ No.L57, 2.3.92, p.27) and Council Directive 92/24/EEC (OJ No. L129, 14.5.92, p.154). Council Directive 92/6 requires the fitment of speed limiters to certain goods and passenger vehicles and it specifies the speeds at which limiters must take effect. Council Directive 92/24 is concerned with the technical standards of speed limiters.

Regulation 3 amends the 1986 Regulations by substituting new regulations 36A, 36B and 70A. The new regulation 70A replaces the original regulations 70A and 70B.

The substituted regulation 36A relates to the fitment of speed limiters to coaches and buses.

As regards buses and coaches first used before 1st January 1988, there is no change in the class of vehicles that have to be fitted with speed limiters or in the speed at which speed limiters have to be set. The only change is that where a vehicle is required to be fitted with a speed limiter, the speed limiter will not have to comply with the relevant British Standard, if it complies with the Annexes to Council Directive 92/24/EEC.

As from 1st January 1996 (1st January 1995 in the case of vehicles used on international transport operations) all buses and coaches first used on or after 1st January 1988, with a maximum gross weight exceeding 7.5 tonnes and with a maximum speed exceeding 65 mph when a speed limiter is not fitted will have to be fitted with a speed limiter. The speed limiter will have to be adjusted so that the stabilised speed of the vehicle is not more than 65 mph. If the vehicle is first used on or after 1st October 1994 or the speed limiter is fitted after that date, the speed limiter will have to comply with the Annexes to Council Directive 92/24/EEC.

The new regulation 36A contains provisions relating to the period from the coming into force of these Regulations to 1st January 1996 and to speed limiters fitted to vehicles first used between 1st January 1988 and 1st October 1994.

The substituted regulation 36B relates to the fitment of speed limiters to goods vehicles.

As regards goods vehicles with a maximum gross weight between 7.5 and 12 tonnes, there is no change in the class of vehicles that have to be fitted with speed limiters or in the speed at which speed limiters have to be set. The only change is that where a vehicle is required to be fitted with a speed limiter, the speed limiter will not have to comply with the relevant British Standard if it complies with the Annexes to Council Directive 92/24/EEC.

As from 1st January 1996 (1st January 1995 in the case of vehicles used on international transport operations) all goods vehicles first used on or after 1st January 1988, with a maximum gross weight exceeding 12 tonnes and with a maximum speed exceeding 56 mph when a speed limiter is not fitted will have to be fitted with a speed limiter. The speed limiter will have to be adjusted so that the stabilised speed of the vehicle is not more than 56 mph. If the vehicle is first used on or after 1st October 1994 or the speed limiter is fitted after that date, the speed limiter will have to comply with the Annexes to the Directives.

The new regulation 36B contains provisions relating to the period from the coming into force of these Regulations to 1st January 1996 and to speed limiters fitted to vehicles with a maximum gross weight over 12 tonnes vehicles first used between 1st January 1988 and 1st October 1994.

The new regulation 70A of the 1986 Regulations, makes provision for the fitment of a plate which gives information about the speed limiter fitted to the vehicle.

Copies of the EC Directives and of the British Standard referred to in these Regulations and this note can be obtained from Her Majesty’s Stationery Office.