Citation and commencement

1. —(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2009.

(2) Regulations 3 and 8(2) come into force on 31st March 2009 and all other regulations come into force on 3 March 2009.

Preliminary

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

Amendment to regulation 33

3. —(1)Regulation 33 (mirrors and other devices for indirect vision) is amended as follows.

(2) In paragraph (1), for “paragraphs (5) and (6)”, substitute “paragraphs (5) to (6H)”.

(3) After paragraph (6) insert—

“ (6A) The requirements set out in paragraph (1) and the Table are modified as set out in paragraphs (6C) and (6D) in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of that vehicle.

(6B) The alternative requirements set out in paragraph (5) do not apply in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of the vehicle.

(6C) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 3 of the Table shall instead meet the requirements set out in item 4 which are applicable to a vehicle of the same maximum gross weight.

(6D) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 5 of the Table shall instead meet the requirements set out in item 6.

(6E) For the purposes of paragraphs (6C) and (6D)—

(a) the words “and other devices for indirect vision” are omitted from item 4; and

(b) the words “or other devices for indirect vision” are omitted from items 4 and 6.

(6F) A relevant vehicle does not have to comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle) in the circumstances set out in paragraph (6G) or (6H).

(6G) The first set of circumstances is where the vehicle is equipped in the manner described in article 3(2) of Community Directive 2007/38.

(6H) The second set of circumstances is where the vehicle cannot, for want of available, economically viable, technical solutions—

(a) comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle); or

(b) be equipped in the manner described in article 3(2) of Community Directive 2007/38,

but is equipped in the manner described in article 3(3) of Community Directive 2007/38. ” .

(4) After paragraph (7)(d) add—

“ (e) “class IV” and “class V”, in relation to mirrors, have the meanings given in point 1.1.1.14 of Annex I to Community Directive 2003/97 ( 3 ) ; and

(f) “a relevant vehicle” means a vehicle which—

(i) would be a goods vehicle of a class referred to in column 2 of item 4 or 6 of the Table if “1st January 2000” were substituted for “26th January 2007”; and

(ii) is not outside the scope of Community Directive 2007/38 by virtue of article 2(2)(b) or (c) of that Directive. ” .

(5) After paragraph (8) add—

“ (9) Where a provision is applied by paragraph (6C) or (6D) to a vehicle which was first used on or after 1st January 2000, that provision applies to the vehicle whatever the date of manufacture of the vehicle, and regulation 4(2) is disapplied accordingly. ” .

Amendment to regulation 36A

4. —(1)Regulation 36A (speed limiters on buses) is amended as follows.

(2) In paragraph (2B), for “paragraphs (2E) and (13)” substitute “paragraph (13)”.

(3) In paragraph (2C), for “paragraphs (2D) and (13)” substitute “paragraph (13)”.

(4) Omit paragraphs (2D) and (2E).

(5) In paragraph (13)—

(a) omit “or” immediately after sub-paragraph (d); and

(b) after sub-paragraph (e) insert—

“ ; or

(f) which is operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of moving Category A prisoners. ”

(6) In paragraph (14), in the appropriate alphabetical position, insert—

“ “Category A prisoners” means that prison security category which is applied to prisoners whose escape would be highly dangerous to the public or the police or to the security of the state, no matter how unlikely that escape might be, and for whom the aim must be to make escape impossible. ”

Amendment to regulation 36B

5. —(1)Regulation 36B (speed limiters on goods vehicles) is amended as follows.

(2) In paragraph (1)—

(i) for “paragraphs (5) and (14)” substitute “paragraph (14)”; and

(ii) after “every motor vehicle” insert “, not being a motor vehicle to which paragraph (1B) applies,”.

(3) In paragraph (1A), for “paragraphs (1D) and (14)” substitute “paragraph (14)”.

(4) In paragraph (1B)—

(a) for “paragraphs (1C) and (14)” substitute “paragraph (14)”; and

(b) omit “not being a motor vehicle to which paragraph (1) applies,”.

(5) Omit paragraphs (1C) and (1D).

(6) In paragraph (14)—

(a) omit “or” immediately after sub-paragraph (e); and

(b) after sub-paragraph (f) insert—

“ ; or

(g) which is an emergency tactical response vehicle operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order within Her Majesty’s prisons or immigration detention centres. ” .

Amendment to regulation 41A

6. —(1)Regulation 41A (alternative means of compliance for minibuses) is amended as follows.

(2) In regulation 41A—

(a) that regulation shall be re-numbered as paragraph (1); and

(b) after that re-numbered paragraph add—

“ (2) A minibus which is required by regulation 41 to meet the requirements specified in Schedule 6 need not meet the requirements set out in items 2 to 4 and 7 to 12 of that Schedule if it meets such requirements of ECE Regulation 52.01 or 107.01 or 107.02 as apply to that minibus. ” .

Amendment to regulation 53C

7. —(1)Regulation 53C (alternative means of compliance for coaches) is amended as follows.

(2) In regulation 53C—

(a) that regulation shall be re-numbered as paragraph (1); and

(b) after that re-numbered paragraph add—

“ (2) A coach which is required by either regulation 53A or 53B, as the case may be, to meet the requirements specified in that particular provision, need not meet them if it meets such requirements of ECE Regulation 107.01 or 107.02 as apply to that coach. ” .

Amendment to Schedule 2

8. —(1)Schedule 2 (Community Directives and ECE Regulations) is amended as follows.

(2) In Table I, at the end, add—

(3) In Table II—

(a) after the entry relating to item 21BA insert—

(b) at the end add—