S.I. No. 23/2018 - Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd February, 2018.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5 , 11 and 12 of the Road Traffic Act 1961 (No. 24 of 1961) and sections 8 , 10 and 11 of the Road Traffic Act 1968 (No. 25 of 1968) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and for the purposes of giving further effect to the provisions of Council Directive 96/53/EC, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018.

Commencement

2. These Regulations come into effect on 1 February 2018.

Interpretation

3. In these Regulations:

(a) “Principal Regulations” means the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ); and

(b) “Regulations of 2000” means the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 2000 ( S.I. No. 224 of 2000 ).

Amendment of Regulation 2(1) of the Principal Regulations

4. The Principal Regulations are amended in Regulation 2(1):

(a) by inserting the following definitions:

“‘appointed person’ means an appointed person for the purposes of the European Communities (Proof of Compliance) Regulations 2000 ( S.I. No. 223 of 2000 );

‘declaration of conformity’ means a declaration in the form set out in Schedule 2 and which is prepared and issued in accordance with Part 2A;

‘certificate of conformity’ means the document set out in Annex IX to Directive 2007/46/EC of the European Parliament and of the Council, issued by the manufacturer and certifying that a vehicle belonging to

the series of the type approved in accordance with the said Directive complied with all regulatory acts at the time of its production;

‘manufacturer’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, the person who, or the body that, is responsible to the relevant approval authority for the purposes of Regulation (EU) No. 167/2013 for all aspects of the type-approval or authorisation process of the relevant agricultural tractor or agricultural trailer and for ensuring conformity of production of that agricultural tractor or agricultural trailer. A person or body may be the manufacturer of an agricultural tractor or an agricultural trailer even if that person or body was not directly involved in all stages of the construction of the agricultural tractor or agricultural trailer which is the subject of the approval process; and

(b) in the case of a vehicle to which Part 2A applies, the person who, or the body that, is responsible to the relevant approval authority for the purposes of Directive 2007/46/EC for all aspects of the type-approval or authorisation process of the relevant vehicle and for ensuring conformity of production of that vehicle. A person or body may be the manufacturer of a vehicle even if that person or body was not directly involved in all stages of the construction of the vehicle which is the subject of the approval process;

‘special permit’ means a permit or other authorisation issued under any of the following:

(a) Regulation 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 ( S.I. No. 190 of 1963 );

(b) Part 6;

(c) the Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 ( S.I. No. 283 of 2007 );

(d) the Road Traffic (Specialised Vehicle Permits) Regulations 2009 ( S.I. No. 147 of 2009 );”;

(b) by substituting for the definition “authorisation plate” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘authorisation plate’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, an authorisation plate issued and fitted in accordance with Regulation 5 of the Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 ( S.I. No. 247 of 2014 ); and

(b) in the case of a vehicle to which Part 2A applies, an authorisation plate for the purposes of Part 2A;”;

(c) by substituting for the definition “authorised distributor” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“authorised distributor” means, in respect of a particular vehicle, a person who meets either or both of the following conditions:

(a) the person holds a franchise from the manufacturer of the relevant vehicle to sell particular makes and models of vehicles manufactured by that manufacturer and of which the relevant vehicle is one;

(b) the person is, in writing, authorised to represent the manufacturer of the relevant vehicle and to act on the manufacturer’s behalf in matters covered by these Regulations;”;

(d) by substituting for the definition “manufacturer’s plate” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘manufacturer’s plate’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, the plate referred to in Annex V of Council Directive 2009/144/EC of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors; and

(b) in the case of a mechanically propelled vehicle to which Regulation 11A or Regulation 11B applies, a plate applied by the manufacturer or authorised distributor of that vehicle, in accordance with Part 2A;”;

(e) by substituting for the definition “plated” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“plated” means:

(a) in the case of an agricultural tractor, such a tractor that is fitted with a manufacturer’s plate;

(b) in the case of an agricultural trailer, such a trailer that is fitted with an authorisation plate; and

(c) in the case of a vehicle to which Regulation 11A or Regulation 11B applies, such a vehicle that is fitted with either or both:

(i) a manufacturer’s plate;

(ii) an authorisation plate;”; and

(f) by substituting for the definition “unplated” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘unplated’ means:

(a) in the case of an agricultural tractor, such a tractor that is not fitted with a manufacturer’s plate;

(b) in the case of an agricultural trailer, such a trailer that is not fitted with an authorisation plate; and

(c) in the case of a vehicle to which Regulation 11A or Regulation 11B applies, such a vehicle that is not fitted with at least one of the following:

(i) a manufacturer’s plate; (ii) an authorisation plate;”.

Amendment of Regulation 7 of the Principal Regulations

5. The Principal Regulations are amended in Regulation 7 by inserting after paragraph (1) the following:

“(1A) In the case of a triaxle (not being a trailer) that is fitted with one or more driving axles, each driving axle that is fitted with twin tyres and an air suspension system or an equivalent system may transmit to the road a weight not exceeding 9.5 tonnes but subject to an overall triaxle limit of:

(a) 21 tonnes, if the distance between the two closest adjacent axles is less than 1.3 metres;

(b) 24 tonnes, if the distance between the two closest adjacent axles is at least 1.3 metres.”

Insertion of Regulations 11A and 11B into the Principal Regulations

6. The Principal Regulations are amended by inserting after Regulation 11 the following:

“Weight Laden of Rigid Vehicle with more than Four Axles

11A. (1) This Regulation applies to a rigid mechanically propelled vehicle having more than 4 axles and which is first registered in the State on or after 1 February 2018.

(2) The weight laden of a vehicle to which this Regulation applies shall not exceed the lower of:

(a) 36 tonnes; and

(b) such maximum weight as may be specified:

(i) in the manufacturer’s or authorised distributor’s certificate of conformity, or

(ii) on the manufacturer’s plate,

in respect of the particular vehicle.

(3) A vehicle to which this Regulation applies:

(a) may be first registered in the State only if the application for registration is accompanied by either:

(i) a manufacturer’s or an authorised distributor’s certificate of conformity in respect of the relevant vehicle stating that vehicle’s maximum permissible weight laden; or

(ii) a declaration of conformity in respect of the relevant vehicle, issued under Part 2A; and

(b) shall comply with the requirements of Part 2A.

(4) The weight laden, expressed in tonnes, of a rigid mechanically propelled vehicle to which this Regulation applies shall not exceed the number obtained when the distance between the extreme front and rear axles, expressed in metres correct to two decimal places, is multiplied by 5.5.

(5) This Regulation does not apply to:

(a) a vehicle to which Regulation 11B applies;

(b) an agricultural tractor or an agricultural trailer; or

(c) a vehicle to which a current special permit applies.

(6) For the purposes of sections 8, 10 and 11 of the Road Traffic Act 1968 , this Regulation is a penal regulation.

Weight Laden of Modified Rigid Vehicle with more than Four Axles

11B. (1) This Regulation applies to:

(a) a rigid mechanically propelled vehicle having 4 or fewer axles and which is registered in the State and which is, on or after 1 February 2018, modified by the addition of one or more axles so that, following that modification, the total number of axles on that vehicle is greater than 4; and

(b) a rigid mechanically propelled vehicle having 5 or more axles and which is registered in the State and which is, on or after 1 February 2018, modified by the removal of one or more axles so that, following that modification, the total number of axles on that vehicle remains greater than 4.

(2) A vehicle to which this Regulation applies may be used in a public place only if:

(a) a declaration of conformity states that vehicle’s maximum permissible weight laden following the modification of the number of its axles;

(b) the vehicle complies with the requirements of Part 2A; and

(c) the vehicle is fitted with:

(i) a properly functioning anti-lock braking system or electronic braking system; and

(ii) an air suspension system or an equivalent system.

(3) The weight laden of a vehicle to which this Regulation applies shall not exceed the lower of:

(a) 36 tonnes; and

(b) such maximum weight as may be specified in the declaration of conformity issued in accordance with this Part in respect of the particular vehicle, following its modification.

(4) The weight laden, expressed in tonnes, of a rigid mechanically propelled vehicle to which this Regulation applies shall not exceed the number obtained when the distance between the extreme front and rear axles, expressed in metres correct to two decimal places, is multiplied by 5.5.

(5) This Regulation does not apply to:

(a) an agricultural tractor or an agricultural trailer; or

(b) a vehicle to which a current special permit applies.

(6) For the purposes of sections 8 , 10 and 11 of the Road Traffic Act 1968 , this Regulation is a penal regulation.”

Insertion of Part 2A in the Principal Regulations

7. The Principal Regulations are amended by inserting, after Regulation 22B (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 ( S.I. No. 320 of 2017 )) and before Part 3, the following:

“PART 2A

PROOF OF COMPLIANCE OF CERTAIN VEHICLES

Application and Penalties

22C. (1) This Part applies to vehicles to which Regulation 11A or Regulation 11B applies.

(2) For the purposes of sections 8, 10 and 11 of the Road Traffic Act 1968 , each of Regulations 22D, 22E, 22F and 22G is a penal regulation.

Requirement for, and fitting of, plates

22D. (1) A vehicle, when used in a public place, shall be plated.

(2) Subject to Regulation 22F, a manufacturer’s plate may only be fitted or amended by the manufacturer of the vehicle or by its authorised distributor.

(3) Subject to Regulation 22F, an authorisation plate may only be fitted or amended by a manufacturer, an authorised distributor or an appointed person.

(4) A plated vehicle shall not be used in a public place if it or its plate has been modified or altered in any way thereby rendering the information or values on its plate inaccurate or if the information or values on the plate otherwise are inaccurate for any reason.

(5) The requirements of this Regulation shall be deemed to have been complied with if a vehicle is being taken unladen and by appointment for inspection to have a plate fitted or amended.

Weight laden not to exceed plate limits

22E. (1) The weight laden of a vehicle shall not exceed the maximum weight laden as set out on the vehicle’s manufacturer’s plate or authorisation plate, as the case may be, in the column headed “Weights not to be Exceeded in Ireland (IE)”.

(2) The weight transmitted to the surface of a road by any of the axles of a vehicle shall not exceed the maximum weight appropriate to each axle as set out on the vehicle’s manufacturer’s plate or authorisation plate, in the column headed “Weights not to be Exceeded in Ireland (IE)”.

(3) For the avoidance of doubt, in the event that a vehicle is fitted with both a manufacturer’s plate and an authorisation plate and there is any discrepancy regarding the “Weights not to be Exceeded in Ireland (IE)” on each of those plates, the lower of those values will apply.

Assessing conformity and issue and fitting of authorisation plate

22F. (1) In this Regulation and in Schedule 4, “examiner” means the manufacturer of a vehicle, an authorised distributor or an appointed person.

(2) (a) Subject to paragraph (6), an examiner may issue a declaration of conformity in respect of a vehicle to a person who presents the said vehicle for inspection by the examiner.

(b) An examiner may, as a matter of contract with any person, charge a fee for performing any function under this Part.

(3) An examiner shall not (whether upon the manufacture or the modification of a vehicle) issue, as the case may be, a certificate of conformity or a declaration of conformity in respect of a particular vehicle, unless, in respect of that vehicle:

(a) in the case of a new vehicle, the manufacturer, as examiner, has verified all information that the certificate of conformity will contain; and

(b) in every other case:

(i) the requirements of Schedule 4 have been complied with; and

(ii) the examiner’s declaration has been completed and signed.

(4) The examiner shall:

(a) provide the original declaration of conformity to the owner of the vehicle; and

(b) make and retain a copy of the relevant declaration. (5) (a) After, in respect of a particular vehicle:

(i) issuing a declaration of conformity,

(ii) inspecting a declaration of conformity issued by another examiner in respect of the vehicle and verifying that the information in that declaration of conformity is accurate and complete, or

(iii) inspecting a certificate of conformity issued by the manufacturer of the vehicle and verifying that the information in that certificate of conformity is accurate and complete,

as the case may be, the examiner shall issue and fit an appropriate authorisation plate to the relevant vehicle.

(b) (i) An examiner shall not fit an authorisation plate to a vehicle unless the examiner is satisfied that the information on the authorisation plate corresponds to the relevant information in, as the case may be, the certificate of conformity or, if the vehicle has been modified within the meaning of Regulation 11B, the declaration of conformity, in respect of that vehicle.

(ii) For the avoidance of doubt, where a vehicle has been modified within the meaning of Regulation 11B, the information on the authorisation plate must correspond to the relevant information in the declaration of conformity that, in accordance with Regulation 11B and this Part, has been issued following that modification.

(6) An authorised distributor may issue a declaration of conformity or an authorisation plate in respect of a vehicle only if either or both of the following conditions are met:

(a) the vehicle is included within the terms of the authorised distributor’s franchise agreement with the vehicle’s manufacturer;

(b) the vehicle’s manufacturer has, in writing, authorised the authorised distributor to represent the manufacturer of that vehicle and to act on the manufacturer’s behalf in matters covered by these Regulations.

(7) If a vehicle has been modified or altered in any way, thereby rendering the information on its manufacturer’s plate or authorisation plate inaccurate, an examiner may issue a declaration of conformity and fit an amended authorisation plate to the vehicle and the provisions of this Regulation and Regulation 22G shall apply accordingly.

Requirements for declaration of conformity, manufacturer’s plate and authorisation plate

22G. (1) Subject to paragraph (5):

(a) a declaration of conformity shall conform to the model set out in Schedule 2;

(b) a manufacturer’s plate shall be substantially in the form specified for a manufacturer’s plate for the purposes of the Road Traffic (Construction, Equipment and Use) Regulations 2000 ( S.I. No. 224 of 2000 ) but such plate must include a maximum permitted weight laden for the vehicle and a maximum axle weight for each of the vehicle’s axles and, in each regard, “Weights not to be exceeded in Ireland (IE)”;

(c) an authorisation plate shall conform to the model set out in Schedule 3; and

each shall include a vehicle identification number for the relevant vehicle which satisfies the provisions of International Standard ISO 3779.

(2) On a declaration of conformity, a manufacturer’s plate and an authorisation plate:

(a) information on dimensions shall be expressed in metres, to two decimal places;

(b) information on weights shall be expressed as an integral number of kilogrammes; and

(c) information shall be set out in letters and digits with a minimum height of 4 millimetres.

(3) The information displayed on a manufacturer’s plate and an authorisation plate shall be clearly visible and accessible on inspection and in a legible and indelible form and shall remain so during the lifetime of the vehicle.

(4) A certificate of conformity, a declaration of conformity, a manufacturer’s plate and an authorisation plate may, having regard to the weights prescribed by these Regulations, contain such additional information on design weights as may be specified by the manufacturer or its authorised distributor.

(5) Additional information under paragraph (4) shall be shown on the certificate of conformity, the declaration of conformity, the manufacturer’s plate or the authorisation plate, as the case may be, in a column immediately to the right of the column headed “Weights not to be Exceeded in Ireland (IE)”.

(6) A certificate of conformity or declaration of conformity issued in respect of a vehicle, and its manufacturer’s plate or authorisation plate, may each, having regard to the requirements of the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ), contain such additional information as may be required to satisfy the requirements of those Regulations.”

Amendment of Regulation 26 of the Principal Regulations

8. The Principal Regulations are amended in Regulation 26(8)(b) (as substituted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015 ( S.I. No. 354 of 2015 )) by substituting “Schedule 1” for “the Schedule”.

Amendment of the Schedule to the Principal Regulations

9. The Principal Regulations are amended in the Schedule (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015 ( S.I. No. 354 of 2015 )) by substituting the title “Schedule 1” for the title “Schedule”.

Insertion of Schedule 2 into the Principal Regulations

10. The Principal Regulations are amended by inserting after the Schedule (retitled Schedule 1 by Regulation 9) the following Schedule:

“SCHEDULE 2

Regulation 2(1)

DECLARATION OF CONFORMITY

Declaration of Conformity for Rigid Vehicles with 5 (or more) Axles—

Plating Record

1 Axles fitted to the vehicle subsequent to date of vehicle manufacture must also be certified by the original vehicle manufacturer or their authorised distributor, or an appointed person, by completing this form.

2 Equivalent system means a suspension system which fulfils the conditions for equivalence to air suspension as set out in Annex II to the Council Directive.

3 Distance in metres between foremost and rearmost axles.

4 Insert and complete additional rows as appropriate for vehicles with more than five axles.

Complete ALL of the following in BLOCK LETTERS and sign the declaration below:

DECLARATION

By signing this declaration, the undersigned hereby declares that:

— The information provided in relation to the vehicle referred to in this Declaration is true and correct.

— In the case of an axle retrofit, the additional axle is compatible with the original vehicle design and operation.

— In the case of an axle retrofit, the integrity of the vehicle has not been compromised in anyway as a result of any modifications carried out to facilitate the fitment of the additional axle.

— The vehicle complies fully with the requirements set out in Road Traffic legislation for use of vehicles on public roads.

”

Insertion of Schedules 3 and 4 into the Principal Regulations

11. The Principal Regulations are amended by inserting after Schedule 2 (inserted by Regulation 10) the following Schedules:

“SCHEDULE 3

Regulation 22G

MODEL AUTHORISATION PLATE FOR CERTAIN TYPES OF VEHICLE

5 Note: Additional rows shall be added as necessary for rigid vehicles with more than 5 axles.

SCHEDULE 4

Regulation 22F

AUTHORISATION PLATE INSPECTION REQUIREMENTS

1. The examiner shall examine the vehicle to ascertain its vehicle identification number and ensure that that vehicle identification number satisfies the provisions of International Standard ISO 3779.

2. The examiner shall include the vehicle identification number of the vehicle in the information to be contained on the authorisation plate.

3. The examiner shall measure and record the axle spacing of the vehicle and shall assign axle weights and a maximum permitted laden weight having regard to the weights and dimensional requirements prescribed by these Regulations.

4. In relation to the foregoing, the examiner shall have regard to:

(a) the construction characteristics of the vehicle; and

(b) the general maintenance and condition of the vehicle.

5. The examiner shall not issue a declaration of conformity or an authorisation plate unless the tyres fitted to the vehicle have a sufficient load index for the maximum axle weights to be assigned.

6. The examiner shall record the tyre size, tyre load speed index and whether the tyres are fitted in single or twin format.

7. The examiner shall measure and record the vehicle’s length and width.”

Amendment of the Regulations of 2000

12. The Regulations of 2000 are amended in Regulation 2 by substituting for “plated vehicle” the following:

“‘plated vehicle’ means:

(a) a mechanically propelled vehicle, a trailer or a semi-trailer, which has been fitted by the manufacturer with a manufacturer’s plate and which has not been altered in any way which would render any of the values inscribed on the plate inaccurate; and

(b) a vehicle to which either Regulation 11A or Regulation 11B of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) applies, which vehicle has been fitted with a manufacturer’s plate or an authorisation plate for the purposes of Part 2A of the said Regulations, and neither of which vehicle nor plate has been altered in any way which would render any of the values inscribed on the plate inaccurate.”

GIVEN under my Official Seal,

25 January 2018.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations come into force on 1 February 2018.

These Regulations amend the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) to:

• impose a maximum weight limit for rigid vehicles (other than agricultural tractors, agricultural trailers and vehicles that are subject to a special permit) that have more than four axles;

• require that, in the event of any modification being made to the number of axles of a rigid vehicle (other than an agricultural tractor, an agricultural trailer and a vehicle that is subject to a special permit) so that the vehicle, post-modification, has more than four axles, the maximum weight laden of the relevant vehicle must be re-assessed and a declaration of conformity in respect of it must be prepared (by the manufacturer, the authorised distributor or an appointed person);

• require that a vehicle to which these Regulations apply must, when used in a public place, be fitted with a manufacturer’s plate or an authorisation plate that displays in permanent form specified information from the certificate of conformity (or, as appropriate, the declaration of conformity) in respect of the maximum weight laden and individual axle limits of that vehicle; and

• in the case of a triaxle, subject to an overall weight limit of 21 tonnes (if the distance between the two closest adjacent axles is less than 1.3 metres) or 24 tonnes (if the distance between the two closest adjacent axles is at least 1.3 metres), impose a limit of 9.5 tonnes per driving axle, where specified conditions are met.

The maximum weight laden of a rigid vehicle:

(a) that is first registered in the State on or after 1 February 2018 and which at the time of that first registration has more than four axles, or

(b) which, on or after 1 February 2018, is modified so that, post-modification, the vehicle has more than four axles,

is the lower of:

(i) 36 tonnes, and

(ii) the design weights specified (by the manufacturer or authorised distributor of the vehicle or an “appointed person” only) on the vehicle’s certificate of conformity or completed declaration of conformity.

Further, the weight laden (expressed in tonnes) of a vehicle to which these Regulations apply must not exceed the number that is obtained when the distance between the extreme front and rear axles, expressed in metres correct to two decimal places, is multiplied by 5.5.