S.I. No. 223/2000 - European Communities (Proof of Compliance) Regulations, 2000

In excercise of the powers conferred on the Minister for the Environment and Local Government by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, ( S.I. No. 427 of 1997 ) and for the purpose of giving effect to Council Directive 96/53/EC¹ , I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—

1. (1) These Regulations may be cited as the European Communities (Proof of Compliance) Regulations, 2000.

(2) These Regulations shall come into operation on the 1st day of January 2001.

2. In these Regulations:—

“approved body” has the meaning assigned to it in sub-article (1) of article 3 of these Regulations;

“authorisation plate” has the meaning assigned to it in article 4 of these Regulations;

“appointed person” means a person or body appointed by the approved body to make accurate observations and measurements in relation to a vehicle, trailer or semi-trailer and to issue authorisation plates;

“the Council Directive” means Council Directive 96/53/EC of 25th July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic;

“design weight” in relation to a vehicle, combination or axle means the maximum weight as specified by the manufacturer or distributor of the vehicle, or where the design weight as so specified is not available, the design weight as specified by an automotive engineer or the appointed body;

“the Minister” means the Minister for the Environment and Local Government;

“the Type Approval Directive” means Council Directive 76/114/EEC of 18th December 1975 (as amended) on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment.

3 (1) The Minister may, by order, approve a body (herein referred to as the “approved body”) to carry out the functions assigned to the approved body by these Regulations.

(2) The approved body may appoint persons in these Regulations called “appointed persons” and shall supervise their activities.

(3) The appointment of an appointed person shall be valid for a period not exceeding 12 months.

(4) An appointment may be renewed, on expiry, by the approved body.

(5) The approved body may at any time suspend or terminate the appointment of an appointed person.

4. (1) The appointed person may issue an authorisation plate in relation to a vehicle, trailer or semi-trailer, to a person or body who makes application in the form approved by the approved body and who presents the said vehicle, trailer or semi-trailer for examination by the appointed person. Each such application shall be accompanied by such fee as may be determined from time to time by the Minister.

(2) An authorisation plate issued by the appointed person in relation to a vehicle, trailer or semi-trailer shall conform with the appropriate model as set out in the Schedule to these Regulations and shall show clearly and indelibly the information specified in items 2.1.3 to 2.1.7 of the Annex to the Type Approval Directive, using characters, which comply with the requirements of item 4 of the same Annex and the information relating to dimensions, itemised as 3, 4 and 5 in Annex III to the Council Directive.

5. (1) (a) The requirement in item 2.1.3. of the Annex to the Type Approval Directive to show a vehicle identification number shall be complied with if, and only if:—

 (i) a number complying with the requirements of item 3 of the said Annex, or

 (ii) a unique number assigned by the approved body, is shown on the authorisation plate.

(b) The requirement in items 2.1.4. to 2.1.7. of the Annex to the Type Approval Directive to show maximum permitted masses shall be complied with if there is shown in a column on the authorisation plate:—

(i) the weight laden not to be exceeded by the vehicle, trailer or a combination of vehicle and any trailer,

(ii) the weight transmitted to the surface of a road not to be exceeded for each axle in turn, and

(iii) in the case of a semi-trailer, the maximum weight which may be super-imposed on a +drawing component of an articulated vehicle,

determined in each case by the appointed person, as being appropriate to the vehicle in the State, having regard to statutory requirements;

(2) (a) Additional information on the permissible weights, corresponding to the weights referred to in paragraph (1) (b) of this article, determined in each case by the appointed person, as being appropriate to the vehicle, having regard to the value of weights indicated in Annex 1 of the Council Directive, shall be shown on the authorisation plate in a column immediately to the right of the column referred to in the said paragraph (1) (b);

 (b) Additional information on the design weights, corresponding to the weights referred to in paragraph (1) (b) of this article, shall be shown on the authorisation plate in a column to the right of the column referred to in paragraph (2) (a) of this article, if it has been determined by the appointed person that any such weight is greater than the corresponding weight in the column referred to in the said paragraph (1) (b);

 (c) Information on weights shall be expressed as an integral number of kilograms and the dimensions shall be shown in metres using two decimal places.

SCHEDULE

(Article 4)

MODEL AUTHORISATION PLATES

Mechanically Propelled Vehicle

Trailer or Semi-trailer

Dated this 13th day of July, 2000.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

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

These Regulations provide for the implementation of certain requirements of Council Directive 96/53/EC of 25th July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic.

The Regulations provide for the operational arrangements relating to the fitment of authorisation plates by appointed persons that have been appointed by a body approved for the purpose by the Minister for the Environment and Local Government.

Compulsory fitment of authorisation plates to certain vehicles is required by the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 2000.

¹ O.J. No. L 235/59 of 17.09.96