S.I. No. 832/2005 - European Communities (Speed Limitation Devices) (Amendment) Regulations 2005

STATUTORY INSTRUMENTS

S.I. NO. 832 of 2005

EUROPEAN COMMUNITIES (SPEED LIMITATION DEVICES) (AMENDMENT) REGULATIONS 2005

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 92/6/EEC of 10 February 1992¹ and Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002² , hereby make the following regulations:

1.      These Regulations may be cited as the European Communities (Speed Limitation Devices (Amendment) Regulations 2005.

2.      The European Communities (Speed Limitation Devices) Regulations 1993 ( S.I. No. 300 of 1993 ) are amended -

(a)      in article 2 -

(i)       by substituting for the definition of “the Minister” the following:

“ ‘Minister’ means Minister for Transport;”, and

(ii)      by substituting for the definition of “the type approval Directive” the following:

“ ‘type approval Directive’ means Council Directive 92/24/EEC of 31 March 1992³ relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles, as amended by Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004⁴ ;”,

(b)      in article 3 -

(i)      by substituting for paragraph (3) the following:

“(3)  The functions of the approved body and of authorised sealers under these Regulations relate to speed limitation devices to which the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S. I. No. 831 of 2005) apply.”,

(ii)      by deleting paragraph (4), and

(iii)     by substituting for paragraph (7) the following:

“(7)  Subject to the consent of the Minister, the approved body may charge such fees and expenses in respect of appointments as authorised sealers or renewals of such appointments as it may determine from time to time.”,

(c)      in article 6 by substituting for paragraph (2) the following:

“(2)  An authorised officer may, for the purposes of these Regulations, inspect on the premises of an authorised sealer any vehicle to which Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S. I. No. 831 of 2005) applies.”, and

(d)      in paragraph (e) of the Schedule, by deleting “The set speed may additionally be shown in miles per hour.”.

Explanatory Note

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations provide for the amendment of the European Communities (Speed Limitation Devices Regulations 1993 ( S.I. No. 300 of 1993 ) which set out the operational arrangements relating to the sealing of speed limitation devices in motor vehicles. Essentially, these Regulations provide for substituting references to the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 ( S.I. No. 299 of 1993 ) contained in S.I. No. 300 of 1993 with references to the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ). They also update the definitions in S.I. No. 300 of 1993 relating to “Minister” and “type approval Directive” to take account of (a) the assignment of responsibility for this function to the Minister for Transport in 2002 and (b by the amendment of Directive 92/24/EEC (i.e. the type approval Directive) by Directive 2004/11/EC.

¹ OJ No.L57, 2.3.1992, p27.

² OJ No. L327, 4.12.2002, p8.

³ OJ No. L129, 14.5.1992, p154.

⁴ OJ No. L44, 14.2.2004, p19.