Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 c.3170

Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 No. 3170

Summary:	These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986. Regulation 3 amends paragraphs (2C), (13) and (14) of, and substitutes a new paragraph (7A) in, regulation 36A of the 1986 Regulations. The amendment to paragraph (2C) makes it clear that it is compliance with the limit values set out in Council Directive 88/77/EEC, as amended by subsequent Directives, that is required. New paragraph (7A) has the effect of allowing the continued use of speed limiters set at a maximum speed of 100 kilometres per hour, when fitted to passenger carrying vehicles that were either first used before 1st January 2005 and with a maximum gross weight exceeding 10 tonnes; or first used before 1st October 2001 and with a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes. The amendment to paragraph (13) extends the exemptions from the requirement to have a speed limiter fitted for passenger carrying vehicles in line with the exemptions set out in regulation 36B(14) for goods vehicles (when relevant for passenger carrying vehicles). The amendment to paragraph (14) provides for the insertion of a definition for the term "Euro III emission standards". Regulation 4 substitutes paragraph (1B) in, and amends paragraph (15) of, regulation 36B. New paragraph (1B) makes it clear that its provisions apply to a goods vehicle and that it is compliance with the limit values set out in Directive 88/77/EEC, as amended by subsequent Directives, that is required. The amendment to paragraph (15) provides for the insertion of a definition for the term "Euro III emission standards". S.I. 2004/2102 amended the 1986 Regulations to give effect to Directive 2002/85/EC of the European Parliament and of the Council (OJ No. L57, 4.12.2002, p.327), which amended Council Directive 92/6/EC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ No. L57, 2.3.1992, p.27). The new paragraphs (2C) and (7A) of regulation 36A and new paragraph (1B) of regulation 36B, inserted by those Regulations, did not fully give effect to Directive 2002/85/EC and required amendment in the way effected in these Regulations. The amendment to regulation 36A(2C) and regulation 36B(1B) necessitated a definition for the term "Euro III emission standards". The opportunity has been taken to amend regulation 36A(13).
Made Under:	Road Traffic Act 1988 (C. 52) - section 41(1), (2) and (5)
Amending:	Amend the Road Vehicles (Construction and Use) Regulations 1986 S.I. 1986/1078.

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