S.I. No. 138/1996 - Road Traffic (Construction, Equipment and Use of Vehicles ) (Amendment) (No. 3) Regulations, 1996

S.I. No. 138 of 1996.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES ) (AMENDMENT) (NO. 3) REGULATIONS, 1996

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 11 of the Road Traffic Act, 1961 (No. 24 of 1961), hereby makes the following Regulations :—

1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations, 1996.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1996 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1996.

2. The following article is hereby substituted for article 28 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 )—

"28. (1) Every vehicle (other than a pedestrian controlled vehicle) shall be fitted with an audible warning device complying with the provisions of sub-article (2) of this article, capable of giving sufficient warning of the approach or position of the vehicle.

(2) The device referred to in sub-article (1) of this article shall not consist of —

(a) a gong, siren or other strident-toned device except in the case of a vehicle used for fire brigade, ambulance, police or Irish Marine Emergency Service purposes, or for the purposes of delivering or collecting human blood or human blood products, or

(b) a bell, except in the case of —

(i) a vehicle used for fire brigade, ambulance or police purposes, or

(ii) a bicycle —

I. the engine of which does not exceed 50 cubic centimetres in cylinder capacity as calculated in accordance with article 27 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 ) and

II. which is incapable of exceeding 24 miles per hour on a dry level road under normal atmospheric conditions.

(3) Save as provided in sub-articles (1) and (2) of this article, a vehicle shall not be equipped with a gong, siren, or other strident toned device, or with a bell.

(4) For the purposes of this article —

(a) a vehicle used for fire brigade purposes shall include a vehicle being used by a senior fire officer in the performance of his duty as such officer;

(b) 'senior fire officer' means a fire officer not below the grade of Assistant Fire Officer (Prevention) but including the grades of Second Officer and Third Officer;

(c) a vehicle used for Irish Marine Emergency Service purposes means—

(i) a trailer used by a volunteer or a senior manager in the Irish Marine Emergency Service in the performance of its marine emergency rescue function, or

(ii) a mechanically propelled vehicle used by a senior manager in the Irish Marine Emergency Service in the performance of its marine emergency rescue function;

(d) 'senior manager in the Irish Marine Emergency Service' means an official of the Irish Marine Emergency Service not below the grade of Divisional Officer.".

GIVEN under the Official Seal of the Minister for the Environment

this 23rd day of May, 1996.

Brendan Howlin

______________________

Minister for the Environment

EXPLANATORY NOTE

These Regulations consolidate and update the statutory provisions in relation to the use of sirens on certain vehicles. The Regulations also permit the use of sirens on Irish Marine Emergency Service vehicles.

These Regulations complement the Road Traffic (Lighting of Vehicles) (Amendment) Regulations, 1996 ( S.I. No. 137 of 1996 ) which amend the Road Traffic (Lighting of Vehicles) Regulations, 1963 to 1994 to permit the use of blue flashing lights on Irish Marine Emergency Service vehicles.