Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999

Made: 8th June 1999

Coming into operation: 20th July 1999

The Department of the Environment, in exercise of the powers conferred on it by Articles 55(1) and (2) and 110(2) of the Road Traffic (Northern Ireland) Order 1995[^f00001] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 and shall come into operation on 20th July 1999.

Interpretation

2

• (1) In these Regulations—

• “the 1989 Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989[^f00002];

• “articulated bus or coach” means a single vehicle which is a bus or coach consisting of 2 or more rigid sections which— articulate relative to one another; are intercommunicating so that passengers can move freely between them; and are permanently connected so that they can only be separated by an operation using facilities normally found only in a workshop;

• “articulated vehicle” means a tractor unit to which a semi-trailer is attached;

• “axle weight” means the sum of the weights transmitted to the road surface by all the wheels of an axle, and for the purpose of calculating axle weight the 2 axles comprised in a tandem axle and all the axles comprised in a triaxle shall be treated as one axle;

• “centre-axle trailer” means a trailer having only a single axle or group of axles which is positioned at or close to the centre of gravity so that, when the trailer is uniformly loaded, the static vertical load transmitted to the towing vehicle does not exceed 10 per cent of the maximum authorised weight for the axle or group of axles or 1000 kg, whichever is the less;

• “kg” means kilograms;

• “m” means metres;

• “maximum authorised weight” in relation to a vehicle, vehicle combination or axle means the maximum authorised weight for the vehicle, vehicle combination or axle determined in accordance with these Regulations;

• “rigid motor vehicle” means a motor vehicle which is not a tractor unit or an articulated bus;

• “road friendly suspension” means a suspension system whereby at least 75 per cent of the spring effect is produced by air or other compressible fluid under pressure or suspension recognised as being equivalent within the Community as defined in Annex II of Council Directive 96/53[^f00003];

• “semi-trailer” means a trailer which is constructed or adapted to be drawn by a tractor unit and includes a vehicle which is not itself a motor vehicle but has some or all of its wheels driven by the drawing vehicle;

• “steering axle” means an axle that can be positively steered by the action of the driver;

• “tandem axle” means a group of 2 axles not more than 2·5 m apart so linked together that the load applied to one axle is applied to the other; references to a “driving tandem axle” include a tandem axle where either or both the axles comprising the tandem axle are driven and references to a “non-driving tandem axle” are to a tandem axle where neither of the axles comprising it is driven;

• “tractor unit” means a vehicle by which a trailer partially superimposed on it may be drawn so that, when the trailer is fully loaded, not less than 20 per cent of its load is borne by the drawing vehicle;

• “triaxle” means— a group of 3 axles in which no axle is more than 3·25 m apart from any other axle; or a group of more than 3 axles in which no axle is more than 4·6 m from any other axle, and in either case so linked together that the load applied to one axle is transferred to both or all the others; and

• “vehicle combination” means an articulated vehicle or a rigid motor vehicle drawing a trailer.

• (2) For the purposes of these Regulations the distance between any 2 axles of a vehicle or vehicle combination shall be taken to be the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

Application of Regulations

3

There Regulations apply to all wheeled motor vehicles and trailers which fall within category M₂, M₃, N₂, N₃, O₃ or O₄ of the vehicle categories defined in Annex II of Directive 70/156/EEC[^f00004] as substituted by Directive 92/53/EC[^f00005] except vehicle combinations which for the time being fulfil the requirements of Part II, III or IIIA of Schedule 9A[^f00006] to the 1989 Regulations (exemptions relating to combined transport operations).

Maximum authorised weights

4

• (1) Subject to paragraph (2) and regulation 5, no vehicle to which these Regulations apply and which is of a description specified in a Schedule to these Regulations shall be used on a road if—

• (a) the weight of the vehicle exceeds the maximum authorised weight for the vehicle determined in accordance with Schedule 1;

• (b) where the vehicle is used as part of a vehicle combination, the weight of the combination exceeds the maximum authorised weight for the combination determined in accordance with Schedule 2; or

• (c) the axle weight of any axle of the vehicle exceeds the maximum authorised axle weight for that axle determined in accordance with Schedule 3.

• (2) A vehicle to which any of the provisions of regulations 73 to 77 of the 1989 Regulations apply, so long as it is so used that those provisions are complied with, shall be taken to comply with these Regulations.

Saving for regulation 78 of the 1989 Regulations (over-riding weight restrictions)

5

Nothing in these Regulations shall prejudice or affect regulation 78 of the 1989 Regulations and a person using or permitting a vehicle to be used contrary to the provisions of that regulation commits an offence even if the weights authorised by these Regulations are not exceeded.

SCHEDULE 1 — Maximum authorised weights for vehicles

Weight not to be exceeded in any circumstances

1

• (1) Subject to paragraph 2, the maximum authorised weight for a vehicle of a description specified in column (2) of an item in Table I and having the number of axles specified in column (3) shall be the weight specified in column (4) of the item.

• (2) The conditions referred to in items 5, 7 and 10 of Table I are that—

• (a) the driving axle if it is not a steering axle is fitted with twin tyres and road friendly suspension; or

• (b) each driving axle is fitted with twin tyres and the maximum weight for each axle does not exceed 9500 kg.

Weight by reference to axle spacing

2

For a vehicle of a description specified in column (2) of an item in Table II and having the number of axles specified in column (3) of that item, the authorised weight in kilograms shall be the number equal to the product of the distance measured in metres between the foremost and rearmost axles of the vehicle multiplied by the factor specified in column (4) and rounded up to the nearest 10 kg, if that number is less than the maximum authorised weight determined in accordance with paragraph 1.

SCHEDULE 2 — Maximum authorised weights for vehicle combinations

Weight not to be exceeded in any circumstances

1

• (1) Subject to paragraph 2, the maximum authorised weight for a vehicle combination of a description of vehicle specified in column (2) of an item in Table III and having the number of axles specified in column (3) shall be the weight specified in column (4) of the item.

• (2) The condition referred to in items 2, 6, 9 and 12 of Table III is that the distance between the rear axle of the motor vehicle and the front axle of the trailer is not less than 3 m.

• (3) The conditions referred to in item 4 of Table III are that—

• (a) the combination consists of a 2-axle tractor unit and a 2-axle semi-trailer;

• (b) the weight of the tractor unit comprised in the combination does not exceed 18000 kg;

• (c) the sum of the axle weights of the semi-trailer does not exceed 20000 kg; and

• (d) the driving axle is fitted with twin tyres and road friendly suspension.

• (4) The conditions referred to in items 11 and 12 of Table III are that—

• (a) the axle weight of each driving axle does not exceed 10500 kg; and

• (b) either—

• (i) each driving axle is fitted with twin tyres and road friendly suspension; or

• (ii) each driving axle which is not a steering axle is fitted with twin tyres and the axle weight of each such axle does not exceed 8500 kg;

• (c) each axle of the trailer is fitted with road friendly suspension; and

• (d) each vehicle comprised in the combination has at least 3 axles.

Weight by reference to axle spacing

2

For a vehicle combination of a description specified in column (2) in Table IV and having the number of axles specified in column (3), the maximum authorised weight in kilograms shall be the product of the distance measured in metres between the king-pin and the centre of the rearmost axle of the semi-trailer multiplied by the factor specified in column (4) and rounded up to the nearest 10 kg, if that weight is less than the authorised weight determined in accordance with paragraph 1.

SCHEDULE 3 — Maximum authorised axle weights

Weight not to be exceeded in any circumstances

1

• (1) Subject to paragraph 2, the maximum authorised weight for an axle of a description specified in column (2) of an item in Table V shall be the weight specified in column (3) of the item.

• (2) The conditions referred to in item 3 of Table V are that—

• (a) the driving axle is fitted with twin tyres and road friendly suspension; or

• (b) each driving axle is fitted with twin tyres and no axle has an axle weight exceeding 9500 kg.

Weight by reference to axle spacing

2

For an axle of a description specified in column (2) of an item in Table VI, if the dimension specified in column (3) is of the length specified in column (4), the maximum authorised weight shall be the weight specified in column (5) of the item, if that weight is less than the maximum authorised weight determined in accordance with paragraph 1.

Signed

Sealed with the Official Seal of the Department of the Environment on

J. Ritchie — Assistant Secretary — 8th June 1999.

Explanatory note

(This note is not part of the Regulations.)

These Regulations make new provision for the weights of wheeled motor vehicles and trailers which fall within category M2, M3, N2, N3, O3 or O4 of the vehicle categories defined in Annex II of Council Directive 70/156/EEC as amended. They do not apply to vehicle combinations that meet the requirements for combined transport in Schedule 9A to the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989.

Regulation 4 introduces the three Schedules, which respectively lay down maximum authorised weights for individual vehicles (Schedule 1), for vehicle combinations (Schedule 2) and for axle weights (Schedule 3), and prohibits the use of a vehicle on a road if any of these weights are exceeded.

A vehicle which complies with the provisions of regulations 73 to 77 of the 1989 Regulations is taken to comply with these Regulations (regulation 4(2)).

The new weight limits are, in accordance with regulation 5, also subject to the overriding limit in regulation 78 of the 1989 Regulations, to which amendments are made by the Motor Vehicles (Construction and Use) (Amendment No. 5) Regulations (Northern Ireland) 1999.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L204, 21.7.98, p. 37).

Copies of Directives may be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.

Footnotes

[^f00001]: S.I. 1995/2994 (N.I. 18)

[^f00002]: S.R. 1989 No. 99; relevant amending instruments are S.R. 1992 No. 111, S.R. 1992 No. 509, S.R. 1994 No. 353, S.R. 1996 No. 462, S.R. 1997 No. 518, S.R. 1998 No. 116 and S.R. 1999 No. 259

[^f00003]: O.J. No. L235, 17.9.96, p. 59

[^f00004]: O.J. No. L42, 23.2.70, p. 1

[^f00005]: O.J. No. L225, 10.8.92, p. 1

[^f00006]: Schedule 9A was inserted by S.R. 1994 No. 353 and amended by S.R. 1997 No. 518, S.R. 1998 No. 116 and S.R. 1999 No. 259