Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/103/made/data.htm?wrap=true
Published: 1999-03-09

Statutory Rules of Northern Ireland
1999 No. 103

ROADS TRAFFIC AND VEHICLES
Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 1999

Made
9th March 1999

Coming into operation
20th April 1999

The Department of the Environment, in exercise of the powers conferred by Articles 55(1), (2) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 1999 and shall come into force on 20th April 1999.

(2) In these Regulations “the principal Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(2).

(3) The Department is satisfied that it is requisite that the provisions of these Regulations shall apply as from 20th April 1999 to vehicles registered under the Vehicle Excise and Registration Act 1994(3) before the expiration of one year from the making of these Regulations, and that no undue hardship or inconvenience will be caused by their application then to those vehicles.

Amendment of regulation 2 (interpretation)

2.  In regulation 2(1) of the principal Regulations, in paragraph (ii) of the definition of “overall length”(4), for the words “regulations 6 and 12A” there shall be substituted “regulations 6, 12A, 12B and 12C”.

Amendments to regulation 6 (length)

3.—(1) Regulation 6 of the principal Regulations(5) shall be amended in accordance with paragraphs (2) to (6).

(2) In the Table in paragraph (1), for items 1 and 2 there shall be substituted—

“1
A motor vehicle (other than a motor vehicle such as is mentioned in item 2) drawing one trailer which is not a semi-trailer.
18.75

2
Subject to paragraph (5A), a motor vehicle manufactured before 20th April 1999 and drawing one trailer, where the combination does not meet the requirements of paragraph (8) and the trailer is not a semi-trailer.
18”.

(3) After paragraph (5) there shall be inserted the following paragraph—

“(5A) Item 2 and the words “(other than a motor vehicle such as is mentioned in item 2)” in item 1 of the Table shall cease to have effect after 31st December 2006.”.

(4) In paragraph (8)(b), for “16 m” there shall be substituted “16·4 m”.

(5) After paragraph (11) there shall be inserted the following paragraph—

“(11A) A motor vehicle drawing a trailer which is not a semi-trailer shall (unless it is a vehicle such as is mentioned in item 3 of the Table in paragraph (1)) comply with the requirements of paragraph (14).

The words in parenthesis in this paragraph shall cease to have effect after 31st December 2006.”.

(6) In paragraph (12), for the words “as the distance from” to the end of the paragraph there shall be substituted—

“(a)in relation to a vehicle which was manufactured after 20th April 1999, as a reference to the foremost king-pin or the foremost king-pin position; and

(b)in relation to any other vehicle, as a reference to the rearmost king-pin or the rearmost king-pin position.”.

Amendment of regulation 10 (overhang)

4.  In regulation 10 of the principal Regulations, after paragraph (2) there shall be inserted the following paragraph—

“(3) A heavy motor car shall be taken to comply with the requirements of paragraph (1) if it meets the requirements of paragraph 7.6.2 of Annex I of Community Directive 97/27(6).”.

Amendments to regulation 12 (turning circle-buses)

5.—(1) Regulation 12 of the principal Regulations(7) shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph (2)—

(a)after the words “so that” there shall be inserted “, both with and without all its wheels in contact with the ground,”; and

(b)for “12 m” there shall be substituted “12·5 m”.

(3) After paragraph (2) there shall be inserted the following paragraph—

“(2A) In relation to a vehicle manufactured before 20th April 1999 paragraph (2) shall have effect as if the words “, both with and without all its wheels in contact with the ground,” were omitted.”.

(4) In paragraph (3), for “12 m” there shall be substituted “12·5 m”.

Amendments to regulation 12A (turning circle-articulated vehicles other than those incorporating a car transporter)

6.—(1) Regulation 12A of the principal Regulations(a) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (4)—

(a)after the words “so that,” there shall be inserted “both with and without all its wheels in contact with the surface of the road and”; and

(b)after the words “overall width” there shall be inserted “and in paragraph (i)(a) to (o) in the definition of “overall length” ”.

(3) After paragraph (4) there shall be inserted the following paragraphs—

“(5) In relation to a vehicle manufactured before 20th April 1999 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road and” were omitted.

(6) An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex I of Community Directive 97/27/EC, deemed to comply with paragraph 7.6.1 of that Annex.”.

Amendments to regulation 12B (turning circle-articulated vehicles incorporating a car transporter)

7.—(1) Regulation 12B of the principal Regulations(8) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (4)—

(a)after the words “so that,” there shall be inserted “both with and without all its wheels in contact with the surface of the road and”; and

(b)after the words “overall width” there shall be inserted “and in paragraph (i)(a) to (o) in the definition of “overall length”.”.

(3) After paragraph (4) there shall be inserted the following paragraphs—

“(5) In relation to a vehicle manufactured before 20th April 1999 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road” were omitted.

(6) An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex I of Community Directive 97/27/EC, deemed to comply with paragraph 7.6.1 of that Annex.”.

Turning circle-heavy motor car

8.  After regulation 12C of the principal Regulations(9) there shall be inserted the following regulation—

“Turning circle-heavy motor car

12D.—(1) This regulation applies to a vehicle which—

(a)is a heavy motor car or a vehicle combination which consists of a heavy motor car drawing one trailer which is not a semi-trailer;

(b)was manufactured or, in the case of a vehicle combination, the part consisting of a heavy motor car, was manufactured after 19th April 1999; and

(c)is not a vehicle falling within any of the descriptions specified in paragraph (2).

(2) The descriptions of vehicle referred to in paragraph (1)(c) are—

(a)a vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceed 6·4 metres;

(b)a vehicle or a vehicle combination to which regulation 12, 12A or 12B applies;

(c)a vehicle constructed and normally used for the carriage of indivisible loads of abnormal length.

(3) Every vehicle to which this regulation applies shall be able to move on either lock so that, both with and without all its wheels in contact with the surface of the road and disregarding the things set out in paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length” in regulation 2(1), no part of it projects outside the area contained between concentric circles with radii of 12·5 m and 5·3 m.”.

Amendment of regulation 33 (speedometers)

9.  In regulation 33(3) of the principal Regulations, for the words “Community Directive 75/443” there shall be substituted “Community Directive 97/39”(10).

Amendment of regulation 49 (rear under-run protection)

10.  In regulation 49(6) of the principal Regulations, for the words “Community Directive 79/490” there shall be substituted “Community Directive 97/19”(11).

New regulation 71B (plate relating to dimensions)

11.  After regulation 71A of the principal Regulations(12) there shall be inserted the following—

“Plate relating to dimensions

71B.—(1) This regulation applies to a vehicle which is either—

(a)a bus or heavy motor car and which was manufactured after 19th April 1999; or

(b)a trailer used in combination with a vehicle falling within paragraph (a) and manufactured after 19th April 1999.

(2) A vehicle to which this regulation applies shall not be used unless—

(a)the vehicle is equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position and containing the particulars as to the dimensions of the vehicle specified in Annex III of Community Directive 96/53/EC(13); or

(b)those particulars are included in the particulars shown on the plate with which the vehicle is equipped in accordance with regulation 68.”.

Amendments to Schedule 1 (Community Directives and ECE Regulations)

12.  In Table I of Schedule 1 to the principal Regulations, after item 67(14) there shall be inserted the following items—

“68
96/53
25.7.96
L234, 17.9.96, p. 59
Maximum dimensions in national and international traffic and maximum weights in international traffic

69
97/19
18.4.97
L125, 16.5.97, p. 1
Liquid fuel tanks and rear underrun protection of motor vehicles and their trailers
70/221 as amended by 79/490 and 81/333

70
97/27
22.7.97 L233, 25.8.97, p. 1
Masses and dimensions of certain categories of vehicle and their trailers

71
97/39
27.4.97
L177, 5.7.97, p. 15
Reverse and speedometer equipment of motor vehicles
75/443”

Sealed with the Official Seal of the Department of the Environment on

L.S.
J. Ritchie
Assistant Secretary
9th March 1999.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations further amend the Motor Vehicles (Construction and Use) Regulations 1989 (“the 1989 Regulations”).
Regulation 3 amends regulation 6 of the 1989 Regulations which relates to the maximum overall length of vehicles and vehicle combinations and regulation 4 amends regulation 10 of those Regulations so as to modify the requirements as to the maximum permitted overhang in relation to heavy motor cars.
Regulations 5 to 8 make provision as to turning circles of buses and articulated vehicles by amending regulations 12, 12A and 12B of the 1989 Regulations and inserting a new regulation 12D as to the turning circle of a heavy motor car or a heavy motor car drawing a trailer which is not a semi-trailer.
Regulations 9 and 10 respectively amend regulations 33 (speedometers) and 49 (rear under-run protection) of the 1989 Regulations by substituting references to the most recent EC Directives and regulation 11 inserts a new regulation 71B requiring the fitting to certain vehicles of plates showing the dimensions. Regulation 12 makes consequential amendments to Schedule 2.
Copies of the Directives can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.


(1)
S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department”

(2)
S.R. 1989 No. 299, relevant amending regulations are S.R. 1991 No. 420, S.R. 1992 No. 111, S.R. 1992 No. 54, S.R. 1994 No. 231 and S.R. 1994 No. 452

(3)
1994 c. 22

(4)
this definition was amended by S.R. 1991 No. 420, regulation 2(2)

(5)
Regulation 6 was substituted by S.R. 1992 No. 111, regulation 3

(6)
O.J. No. L233, 25.8.97, p. 1. “Community Directive” is defined in regulation 2(2) of, and Table I of Schedule 1 to, the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989. Table I of Schedule 1 is amended by regulation 12 of these Regulations

(7)
Regulation 12 was amended by S.R. 1992 No. 54, regulation 4(a) Regulations 12A and 12B were inserted by S.R. 1991 No. 420, regulation 6

(8)
Regulation 12A and 12B were inserted by S.R. 1991 No. 420, regulation 6

(9)
Regulation 12C was inserted by S.R. 1992 No. 54, regulation 5

(10)
O.J. No. L177, 3.7.97, p. 15

(11)
O.J. No. L125, 16.5.97, p. 1

(12)
Regulation 71A was inserted by S.R. 1994 No. 452, regulation 4(2)

(13)
O.J. No. L235, 17.9.96, p. 59

(14)
Item 67 was inserted by S.R. 1994 No. 231, regulation 3(1)
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