S.I. No. 299/1993 - Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993.
S.I. No. 299 of 1993. | ||
ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) REGULATIONS, 1993. | ||
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), and for the purposes of giving effect to Council Directive 92/6/EEC1 of 10th February, 1992 hereby makes the following Regulations:— 1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993. | ||
(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1992 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 1993. 2. In these Regulations— | ||
"authorised sealer" has the meaning assigned to it by article 2 of the European Communities (Speed Limitation Devices) Regulations, 1993; | ||
"design gross vehicle weight" means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres, and general construction of the vehicle and shall, until the contrary is shown, be taken to be:— | ||
(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or | ||
(ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer; | ||
1OJ No. L57/27 dated 2.3.1992. | ||
"speed limitation device" means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value; | ||
"the type approval Directive" means Council Directive 92/24/EEC2 of 31st March, 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles; | ||
"vehicle" means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour. 3. (1) Subject to the provisions of sub-articles (3) and (4) of this article, this article applies to— | ||
( a ) every goods vehicle having a design gross vehicle weight exceeding 12,000 kilograms, and | ||
( b ) every passenger vehicle having accommodation for more than eight passengers exclusive of the driver, having a design gross vehicle weight excceeding 10,000 kilograms. | ||
(2) A vehicle to which this article applies shall, on or after the 1st day of January, 1994, at all times when used in a public place, be equipped with a speed limitation device, the set speed of which does not exceed— | ||
( a ) in the case of a goods vehicle, 85 kilometres per hour, and | ||
( b ) in the case of a passenger vehicle, 100 kilometres per hour. | ||
(3) This article shall not apply to— | ||
( a ) a vehicle first registered either in the State or outside the State prior to the 1st day of January, 1988; or | ||
( b ) a goods vehicle which is incapable by reason of its construction of exceeding a speed of 85 kilometres per hour; or | ||
2OJ No. L129/154 dated 14.5.1992. | ||
( c ) a passenger vehicle which is incapable by reason of its construction of exceeding a speed of 100 kilometres per hour; or | ||
( d ) a vehicle belonging to or used for official purposes by the Defence Forces, Civil Defence, Garda Síochána, Fire Services or other emergency services; or | ||
( e ) a vehicle used for scientific tests in relation to which a permit has been issued under article 97 of the Principal Regulations as substituted by article 6 of the Road traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1985 ( S.I. No. 158 of 1985 ). | ||
(4) This article shall not apply to a vehicle first registered either in the State or outside the State on or after the 1st day of January, 1988 and before the 1st day of January, 1994, until— | ||
( a ) in the case of a vehicle when undertaking an international journey, the 1st day of January, 1995; | ||
( b ) in any other case, the 1st day of January, 1996. | ||
(5) The requirements of this article shall be deemed to be complied with if the vehicle is completing a journey in the course of which the speed limitation device has accidentally ceased to function or the vehicle is being taken to a place where the speed limitation device is to be repaired or replaced. 4. (1) A speed limitation device, with which a vehicle is required to be equipped under these Regulations, shall, in the case of a vehicle first registered in the State or outside the State prior to the 1st day of October, 1994, be such and so maintained as to comply with the requirements for such devices set out in point 7 of Annex I of the type approval Directive, shall conform to a type of speed limitation device which has been granted EEC type approval pursuant to the type approval Directive or National type approval by the type approval authority of an EC Member State and shall have affixed to it a national approval mark or the international approval mark referred to in point 6 of the said Annex I. | ||
(2) A speed limitation device, with which a vehicle is required to be equipped under these Regulations, shall, in the case of a vehicle first registered in the State or outside the State on or after the 1st day of October, 1994, be such and so maintained as to comply with the requirements for such devices set out in point 7 of Annex I of the type approval Directive, shall conform to a type of speed limitation device which has been granted EEC type approval pursuant to the type approval Directive and shall have affixed to it the international approval mark referred to in point 6 of the said Annex I. | ||
(3) The requirement of point 7.2.3. of Annex I of the type approval Directive with regard to the display of a plate in a conspicuous position in the driver's compartment of a vehicle to which article 3 of these Regulations applies shall be complied with only if the plate referred to in that point shows clearly and indelibly— | ||
( a ) the words "speed limited fitted"; | ||
( b ) details of the type approval authority and the national or international approval mark; | ||
( c ) the type approval number; | ||
( d ) the name of the authorised sealer and the code number assigned to the authorised sealer by the approved body; | ||
( e ) the set speed, expressed in kilometres per hour, at which the speed limitation device has been set; | ||
( f ) tyre size on the drive axle or axles; | ||
( g ) the date on which the speed limitation device was most recently sealed; and | ||
( h ) the vehicle registration number or, in the case of an unregistered vehicle, the chassis number. 5. The requirements of article 3 of these Regulations shall be complied with only if— | ||
( a ) the speed limitation device has been sealed by an authorised sealer and the seals are intact, or | ||
( b ) the vehicle has been fitted during the manufacturing process with a speed limitation device approved under the type approval Directive, has been sealed by the manufacturer and the seals are intact. 6. Where a vehicle to which article 3 of these Regulations applies but which does not comply with the requirements of that article is used in a public place by a person who is not the owner of the vehicle, such owner shall also, subject to paragraph (b) of subsection (5) of section 11 of the Road Traffic Act, 1961 (No. 24 of 1961), be guilty of an offence. | ||
GIVEN under the Official Seal of the Minister for the Environment this 20th day of October, 1993. | ||
MICHAEL SMITH, | ||
Minister for the Environment. | ||
EXPLANATORY NOTE. | ||
These Regulations provide for the implementation of Council Directive 92/6/EEC of 10th February 1992 on the compulsory fitment of speed limitation devices ("speed limiters") to certain motor vehicles1. | ||
The Regulations require the fitment of speed limiters, over the period 1994-1996, to | ||
( a ) buses/coaches with more than 8 passenger seats and a design gross vehicle weight exceeding 10 tonnes; and | ||
( b ) heavy goods vehicles with a design gross vehicle weight exceeding 12 tonnes. | ||
Such vehicles first registered prior to 1st January, 1988 are exempted from the Regulations. | ||
Speed limiters must be set at 85 km/h in the case of heavy goods vehicles; and 100 km/h in the case of buses and coaches. | ||
1OJ No. L57/27 dated 2.3.1992. | ||
These Regulations should be read in conjunction with the European Communities (Speed Limitation Devices) Regulations, 1993, which set up the operational arrangements for the sealing of speed limitation devices. |