Statutory Instruments
2009 No. 141
Public Passenger Transport
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2009
Made
29th January 2009
Laid before Parliament
3rd February 2009
Coming into force
3rd March 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6 and 60(1) and (1A) of the Public Passenger Vehicles Act 1981( 1 ) and by section 41(1) of the Road Traffic Act 1988( 2 ).
In accordance with section 61(2)( 3 ) of the Public Passenger Vehicles Act 1981 and section 195(2) of the Road Traffic Act 1988 he has consulted with such representative organisations as he thinks fit.
Citation and commencement
1. These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2009 and shall come into force on 3rd March 2009.
Amendment of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981
2. —(1)The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981( 4 ) are amended as follows.
(2) In regulation 3—
(a) for the definition of “ECE Regulation 36” substitute—
“ “ECE Regulation 36” means ECE Regulation No. 36 (uniform provisions concerning the construction of public service vehicles) which came into force on 1st March 1976 as an Annex to the UN ECE Agreement;
“ECE Regulation No. 52” means ECE Regulation No. 52 (uniform provisions concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction) which came into force on 1st November 1982 as an Annex to the UNECE Agreement;
“ECE Regulation No. 52.01” means ECE Regulation No 52 as amended by the 01 series of amendments on 12th September 1995;
“ECE Regulation No. 107” means ECE Regulation No. 107 (uniform provisions concerning the approval of M2 and M3 vehicles with regard to their general construction) which came into force on 18th June 1998 as an Annex to the UNECE Agreement;
“ECE Regulation No. 107.01” means ECE Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;
“ECE Regulation No. 107.02” means ECE Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007; ” ; and
(b) after the definition of “type approval certificate” insert—
“ “the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963; ” .
(3) In regulation 4A—
(a) that regulation shall be re-numbered as paragraph (1); and
(b) after that re-numbered paragraph insert—
“ (2) The prescribed conditions as to the fitness of a vehicle contained in regulations 6 to 33 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 107.01 or 107.02 as apply to it.
(3) The prescribed conditions as to the fitness of a vehicle contained in regulations 13, 15 to 17, 20 to 28A and 31 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 52.01 as apply to it. ” .
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary under Secretary of State
Department for Transport
29th January 2009
1981 c. 14 ; section 6 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54) , Schedule 3, paragraph 22, and by the Road Traffic Act 1991 (c. 40) , section 48 and Schedule 4, paragraph 14; section 60(1) was amended by the Transport Act 1985 (c. 67) (“the 1985 Act”), section 134(2), Schedule 2, Part 2, paragraph 4(18) and Schedule 8; section 60(1A) was inserted by the 1985 Act, section 134(2). “Prescribed” is defined in section 60(2). Section 60(2) was amended by the 1985 Act, section 134(2).
1981 c. 14 ; section 61(2) was amended by the 1985 Act, Schedule 8.
S.I. 1981/257 ; relevant amending instruments are S.I 1982/1058 , 1986/1812 , 1989/2359 , 2002/335 and 2005/2986 .