Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2004 and shall come into force on 1st January 2005.

Preliminary

2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of regulation 36A (speed limiters)

3. —(1) Regulation 36A shall be amended as follows.

(2) After paragraph (2), there shall be added the following paragraphs—

“ (2A) Subject to paragraph (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2B) Subject to paragraphs (2E) and (13), this regulation also applies to every bus which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight not exceeding 5 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2C) Subject to paragraphs (2D) and (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) was first used on or after 1st October 2001 and before 1st January 2005;

(b) complies with the limit values set out in Council Directive 88/77/ EEC 3 ) ;

(c) has a maximum gross weight not exceeding 10 tonnes; and

(d) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2C) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2D) This regulation shall apply—

(a) on or after 1st January 2006 in the case of a paragraph (2C) vehicle used for both national and international transport operations; and

(b) on or after 1st January 2007 in the case of a paragraph (2C) vehicle used solely for national transport operations.

(2E) This regulation shall apply on or after 1st January 2008 in the case of a paragraph (2B) vehicle used solely for national transport operations. ” .

(3) For paragraph (7) there shall be substituted the following paragraph—

“ (7) Subject to paragraph (7A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle, a paragraph (2A) vehicle, a paragraph (2B) vehicle or a paragraph 2(C) vehicle, must be set so that the speed of the vehicle cannot exceed 100 km/h. ” .

(4) After paragraph 7, there shall be added the following paragraph—

“ (7A) A speed limiter fitted to a paragraph (2) vehicle which is first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes, may be set at a maximum speed of 100 km/h. ” .

(5) In paragraph (8)(b), after the words “Community Directive 92/24” there shall be added “as amended by Directive 4 )”.

(6) In paragraph (9)—

(a) after the words “a paragraph (2) vehicle” there shall be added “, a paragraph (2A) vehicle, a paragraph (2B) vehicle and a paragraph (2C) vehicle”; and

(b) after the words “Community Directive 92/24” there shall be added “as amended by Directive

(7) In paragraph (14), in the appropriate alphabetical position the following definitions shall be added—

“ “international transport operations” means transport operations outside the United Kingdom; ” ;

“ “national transport operations” means transport operations within the United Kingdom; ” ; and

“ “transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies. ” .

Amendment of regulation 36B

4. —(1) Regulation 36B shall be amended as follows.

(2) In paragraph (1)(c), after the words “1st August 1992” there shall be added “and before 1st January 2005”.

(3) After paragraph (1), there shall be added the following paragraphs—

“ (1A) Subject to paragraphs (1D) and (14), this regulation also applies to every motor vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(c) is first used on or after 1st January 2005; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1B) Subject to paragraphs (1C) and (14), this regulation also applies to every motor vehicle, not being a motor vehicle to which paragraph (1) applies, which—

(a) was first used on or after 1st October 2001 and before 1st January 2005;

(b) complies with the limit values set out in Council Directive 88/77/EEC ;

(c) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1C) This regulation shall apply—

(a) on or after 1st January 2006 in the case of a paragraph (1B) vehicle used for both national and international transport operations; and

(b) on or after 1st January 2007 in the case of a paragraph (1B) vehicle used solely for national transport operations.

(1D) This regulation shall apply on or after 1st January 2008 in the case of a paragraph (1A) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations. ” .

(4) In paragraph (2)(d), for the words “56 mph” there shall be substituted “90 km/h”.

(5) In paragraph (9)—

(a) the words “Subject to paragraph (11A),” shall be omitted;

(b) after the words “fitted to” there shall be added “a paragraph (1A) vehicle, a paragraph (1B) vehicle or”; and

(c) for the words “at a speed not exceeding 85 km/h and” there shall be substituted “so that”.

(6) In paragraph (10)(b), after the words “Community Directive 92/24” there shall be added “as amended by Directive

(7) In paragraph (11)—

(a) after the words “fitted to” there shall be added “a paragraph (1A) vehicle, a paragraph (1B) vehicle and”; and

(b) after the words “Community Directive 92/24” there shall be added “as amended by Directive

(8) Paragraph (11A) shall be omitted.

(9) Paragraph (12A) shall be omitted.

(10) In paragraph (15), in the definition of “set”—

(a) the words “subject to paragraph (11A),” shall be omitted; and

(b) after the words “fitted to” there shall be inserted “a paragraph (1A) vehicle, a paragraph (1B) vehicle and”.

(11) In paragraph (15), in the appropriate alphabetical position the following definitions shall be added—

“ “international transport operations” means transport operations outside the United Kingdom; ” ;

“ “national transport operations” means transport operations within the United Kingdom; ” ; and

“ “transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies. ” .

Amendment of regulation 70A (speed limiters—plates)

5. In paragraph (3) the words “Subject to regulation 36B(11A),” shall be omitted.