Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 and shall come into force on 12th December 2005.

Preliminary

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

Amendment of regulation 36A

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

(2) In paragraph (2C), for sub-paragraph (b), there shall be substituted—

“ (b) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/ EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/ EC 3 ) ; ” .

(3) For paragraph (7A) there shall be substituted—

“ (7A) A speed limiter fitted to a paragraph (2) vehicle which—

(a) was first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes; or

(b) was first used before 1st October 2001 and has a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes;

may be set at a maximum speed of 100 km/h. ” .

(4) In paragraph (13)—

(a) the word “or” immediately after sub-paragraph (a) shall be omitted; and

(b) after sub-paragraph (b) there shall be added—

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

(d) which is 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; or

(e) while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 ( 4 ) , for ambulance purposes or police purposes. ” .

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

“ “Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council ( 5 ) (amending Council Directive 88/77/EEC ); ” .

Amendment of regulation 36B

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

(2) For paragraph (1B), there shall be substituted—

“ (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) is a goods vehicle;

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

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

(d) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/EC ; and

(e) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90km/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. ” .

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

“ “Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC ); ” .