Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

Signed

Sealed with the Official Seal of the Department of Environment on 16th November 1999.

J. Ritchie — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

1 These Regulations consolidate with amendments the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 (“the 1989 Regulations”) and the Regulations which amended them as specified in Schedule 19 to these Regulations.

Substantive changes in the requirements 2 The principal new provisions are listed and explained in sub-paragraphs (i) to (xxvii) below— i regulation 3 — vehicles brought temporarily into Northern Ireland which are exempt from various regulations in Part II of these Regulations, are now required to comply with regulation 10; ii regulation 9 — this regulation prohibits (with specified exceptions) the driving of a vehicle with an overall travelling height of more than 3 metres unless a notice stating the height of the vehicle and meeting specified requirements is displayed in the cab; iii regulation 10 — the driving of a vehicle to which this regulation applies is prohibited unless it is fitted with a device which gives a visible warning to the driver if the height of the vehicle exceeds a predetermined level; iv regulation 11 — this regulation specifies the vehicles to which regulation 10 applies; v regulation 12 — this regulation provides for the interpretation of regulations 10 and 11; vi regulation 20 — this regulation requires trailers manufactured on or after the 1st May 1997 to comply with the requirements of Council Directive 71/320/EEC as last amended by Commission Directive 91/422/EEC. An existing exemption for trailers with a maximum total design axle weight not exceeding 750 kg will not apply to trailers manufactured on or after 1st January 2000. The Directives require such trailers either to be fitted with a braking device such that the trailer will stop automatically if the coupling separates while the trailer is in motion or to be provided with a secondary coupling (e.g. a chain or cable) which in the event of separation of the main coupling can stop the draw bar from touching the ground and provide some residual steering action on the trailer; vii regulation 21 — this regulation enables certain motor cycles first used on or after 1st April 1987 to comply with Council Directive 93/14/EEC instead of complying with the existing requirements; viii regulation 23— this new regulation makes it unlawful for a trailer to be fitted with an air line coupling which is capable of being connected to a motor vehicle coupling that complies with British Standard Number BS AU 138a: 1980 unless the trailer coupling itself complies with that Standard (as modified by the regulation). Provision is made for compliance with a corresponding standard. That provision is inserted in discharge of obligations under Article 30 of the Treaty of Rome; ix regulation 42 — the 1989 Regulations required buses and coaches first used on or after 1st January 1988, having a maximum speed without a speed limiter exceeding 65 mph (approximately 105 km/h) to be fitted with a speed limiter. These provisions are now applied to buses and coaches having a maximum speed without a speed limiter of 100 km/h (approximately 62.14 mph). Speed limiters fitted to such vehicles must be calibrated to a set speed not exceeding 100 km/h. These changes will not apply to vehicles not used for transport operations outside the United Kingdom and first used before 22nd February 1999 until 22nd February 2000; x regulation 43 — the 1989 Regulations required certain heavy goods vehicles to be fitted with a speed limiter set so that the stabilised speed of the vehicle is less than 56 mph. The stabilised speed of these vehicles will now have to be not more than 90 km/h (approximately 55.9 mph) and the limiters will now have to be set at not more than 85 km/h (approximately 52.8 mph). However, it will be permissable for a limiter to be set at a particular speed above 85 km/h if the processes used in the construction of the vehicle, the limiter and its other equipment are such as to ensure that the stabilised speed of the vehicle is not more than 90 km/h when the limiter is set at that speed; xi regulation 44 — a new provision allows sirens to be fitted to cardiac response vehicles; xii regulation 46 — the 1989 Regulations required petrol tanks fitted to vehicles first used on or after 1st July 1973 to be made of metal. Motor cycles first used on or after 1st August 1999 are now exempt from this requirement; xiii regulation 54 — vehicles may now be fitted with harness seat belts marked in accordance with ECE Regulation 14:03; xiv regulation 55 — vehicles may now be fitted with harness seat belts marked in accordance with ECE Regulation 16:04, child restraint systems marked in accordance with BSAU3254: Part 2: 1991 and bearing the registered certification trademark of the British Standards Institution, and seat belts to an equivalent standard recognised by any EEA State and marked accordingly; xv regulation 65 — the requirements concerning exhaust systems are amended so as to allow certain vehicles to comply with Directive 92/97/EEC or ECE Regulation 51.02 and certain other vehicles to comply with Directive 87/56/EEC or 89/235/EEC, instead of regulation 64(1); xvi regulation 66 — the requirements for vehicles with at least 3 wheels to be so constructed that they meet specified noise limits are amended so that (except as described below) they do not apply to vehicles first used on or after 28th June 1999. The regulation is also amended so that vehicles first used before 28th June 1999 have the option of complying with the new regulation 67; xvii regulation 67 — subject to exceptions, regulation 67 requires vehicles first used on or after 28th June 1999 to be so constructed as to meet the noise limitation requirements specified in Council Directive 70/157/EEC as amended by Council Directive 92/97/EEC or as amended by Commission Directive 96/20/EC. Certain vehicles first used on or after 28th June 1999 now have the option of complying with this regulation or with regulation 66. The amendments exempt a vehicle from the new and existing requirements of these regulations if it is officially approved under Directive 92/97/EEC, 96/20/EC or ECE Regulation 51.02; xviii regulation 73 — this regulation is amended so that paragraph (1) will not apply to a vehicle first used on or after 1st January 1996 unless it falls within the definition of “vehicle” in Council Directive 70/156/EEC on the type approval of motor vehicles and their trailers (as amended) or is an agricultural motor vehicle. Vehicles to which the paragraph applies have the option of complying at the time of first use with Council Directive 72/245/EEC as further amended by Commission Directive 95/54/EC instead of with existing requirements. Regulation 5 of these Regulations sets out the circumstances when a vehicle is to be regarded as complying with a Directive at the time of first use; xix paragraph (2) of regulation 73 has effect as from 1st October 2002 and applies (with exceptions) to vehicles for which EC certificates of conformity have been issued. It makes it unlawful for a vehicle to which the paragraph applies to be fitted with any electrical/electronic sub-assembly that was not fitted to the vehicle when the certificate was issued unless the sub-assembly is marked in accordance with Directive 72/245/EEC as amended by Commission Directive 95/54/EC; xx regulation 74 is amended so as to introduce— a compulsory compliance with the limits on emissions from vehicles with spark ignition enginess first used on or after 1st January 1997 as set by Council Directive 94/12/EC; b provision for other vehicles whenever first used to comply with those limits as an alternative to existing requirements. The previous Regulations made it unlawful (with certain exceptions) for a vehicle with a four stroke spark ignition engine to be used on a road if it was in such a condition that, with the engine idling, the carbon monoxide and hydrocarbon content of the exhaust emissions exceeded specified limits. The limit in the case of carbon monoxide content was 4·5% if the vehicle was first used on or after 1st August 1983 or 6% in any other case. The limit in the case of hydrocarbon content was 0·12%. The provision applied only to vehicles first used on or after 1st August 1975. Regulation 74 re-enacts those provisions in similar terms but with the following modifications— the fuel on which a vehicle is running as well as its condition has to be such that the emission requirements are met; a 4·5% carbon monoxide limit applies to all vehicles first used on or after 1st August 1975 and before 1st August 1986; in the case of vehicles first used on or after 1st August 1986, the carbon monoxide limit is reduced to 3·5%; and the hydrocarbon content of the emissions has to be within the required limit when the engine is running without load at 2,000 rpm and not when idling. From 1st April 2000 paragraph (16) will apply to various light vehicles with spark ignition engines. As from that date, it will be unlawful for a vehicle to which this paragraph applies to be used on a road if— its carbon monoxide content exceeds a specified amount at idling speed; the carbon monoxide content of the exhaust emissions exceeds 0·3% at fast idling speed; the hydrocarbon content of the emissions exceeds 0·02% at fast idling speed; or the ratio of air to petrol vapour in the mixture entering the combustion chambers is outside specified limits. Paragraph (16) does not apply to any vehicle first used before 1st August 1992, and to some vehicles first used before 1st August 1994. Paragraph (21) which applies to vehicles with diesel engines (with certain exceptions), makes it unlawful for a vehicle with a diesel engine to be used on a road if it is in such a condition and running on such fuel that specified limits concerning the emissions are exceeded; xxi regulation 79 enables plates fitted in accordance with this regulation to motor vehicles first used after 19th July 1999 or trailers manufactured after that date, to show particulars of the maximum authorised weight and maximum authorised axle weights under the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 as alternatives to the weights to be shown on such plates; xxii regulation 86 — this new regulation requires trailers manufactured on or after 1st January 2000 and which have a maximum total design axle weight not exceeding 750 kg to be marked with the year of manufacture; xxiii regulation 87 is amended so as to increase to 44,000 kg the maximum total weight of all trailers, laden or unladen, drawn at any one time by a locomotive; xxiv regulation 103 — this regulation makes it an offence for certain persons to cause or permit a trailer to stand on a road when detached from the drawing vehicle unless at least one of the wheels of the trailer is prevented from revolving by the setting of a parking brake or the use of a chain, chock or other efficient device; xxv regulation 108 — this new regulation applies, with modifications to certain vehicles carrying explosives, the supplementary braking requirements contained in the European Agreement concerning the International Carriage of Goods by Road (“the ADR Agreement”). Regulation 3 is consequently amended so as to exempt vehicles in the service of a visiting force or a headquarters from these requirements; xxvi schedule 8 — regulations 67 and 74 are modified by a new Schedule 8 in relation to “end of series vehicles” and “late entry into service vehicles” as defined by that Schedule; xxvii schedule 14 — a new provision extends the exemptions in regulations 86(2), 87(3) and 90(4) from the weight limits for goods vehicles in favour of combined road and rail transport operations to an articulated vehicle carrying a “road-rail semi-trailer”. This is defined as a semi-trailer constructed or adapted so as to be capable of being both used as a semi-trailer on roads and carried on a railway vehicle. The requirements for the exemption of articulated vehicles in Part II of Schedule 14, as those requirements apply in relation to such vehicles when carrying “bi-modal vehicles” and “relevant receptacles”, are applied with modifications to articulated vehicles when carrying road-rail semi-trailers. 5 Other changes in the 1989 Regulations are referred to in the Table of Derivations included in this Annex to these Regulations. 6 Changes not affecting the substance of the requirements are numerous but are not listed separately. 7 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). 8 Copies of the EC Directives referred to in these Regulations may be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD. 9 Copies of the British Standards referred to in these Regulations may be obtained from British Standards Institution, 389 Chiswick High Road, London W4 4AL (telephone number: 0181 996 9000). 10 A copy of the publication referred to in Schedule 10 can be obtained free of charge from the Driver and Vehicle Testing Agency, Balmoral Road, Belfast BT12 6QL (telephone number: 01232 681831). ANNEX Derivation of Regulations and Schedules New Regulation No.Old Regulation No.Subject Matter and Description of substantive changes (changes mentioned in paragraphs (2)-(4) are not repeated in this Annex)Current RegulationEquivalent Regulation in 1989 RegulationsRemarks 11Citation and commencement22Interpretation33Application and exemptions44Trade Descriptions Act 196855Compliance with Community Directives and ECE Regulations66Length77Width88Height99Indication of overall travelling height:109AWarning devices where certain high-level equipment is fitted to a vehicle119BVehicles to which Regulation 10 applies129CInterpretation of Regulations 10 and 111310Overhang1411Minimum ground clearance1512Turning circle — buses1612ATurning circle — articulated vehicles other than those incorporating a car transporter1712BTurning circle — articulated vehicles incorporating a car transporter1812CConnecting sections and direction holding of articulated buses1912D2013Braking systems of certain vehicles first used on or after 1st April 19832114Braking systems of vehicles to which regulation 19 does not apply2215Vacuum or pressure brake warning devices23—Couplings on trailer pneumatic braking systems2416Maintenance and efficiency of brakes2517Application of brakes of trailers2618General requirements as to wheels and tracks19Deleted2720Springs and resilient material2821Wheel loads2922Tyres3023Tyre loads and speed ratings3124Mixing of tyres3225Condition and maintenance of tyres3326Tracks3427Maintenance of steering gear3528View to the front3629Glass3730Glass3831Mirrors3932Windscreen wipers and washers4033Speedometers4134Maintenance of speedometers4234ASpeed limiters fitted to buses and coaches4334B 34CSpeed limiters fitted to goods vehicles Deleted4435Audible warning instruments4536Motor cycle sidestands4637Petrol tanks4738Unleaded petrol4839Unleaded petrol4940Gas propulsion systems and gas-fired appliances5041Construction5142Fire extinguishing apparatus5243First aid equipment5344Carriage of dangerous substances45Deleted5446Seat belt anchorage points5547Seat belts5648Maintenance of seat belts and anchorage points5748AMinibuses and coaches to be fitted with additional seat belts when used in certain circumstances5849Rear under-run protection5950Maintenance of rear under-run protection6051Sideguards6152Maintenance of sideguards6253Mascots6354Strength of superstructure6455Additional exits from double-decked coaches6556Silencers6657Noise limits — certain vehicles with 3 or more wheels — general6757ANoise limits — certain vehicles first used on or after 28th June 1999 — general6858Noise limits — agricultural motor vehicles and industrial tractors6959Noise limits — construction requirements relating to motor cycles7059AExhaust systems — motor cycles7159BNoise limits — maintenance requirements relating to motor cycles60Deleted7261Exceptions to regulations 65 to 707362Radio interference suppression7463Emissions of smoke, vapour, gas, oily substances, etc.7564Closets, etc.7665Wings7766Spray suppression devices7867Maintenance of spray suppression devices7968Plates for goods vehicles and buses8069Vehicle identification numbers8170Plates — agricultural trailed appliances8271Plates — motor cycles83 8471A —Plates — vehicles fitted with speed limiters Plate relating to dimensions85 8672 —Marking of weights on certain vehicles Marking of date of manufacture of trailers8773Maximum permitted laden weight of a vehicle8874Maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle8975Maximum permitted weight of an articulated vehicle9076Maximum permitted wheel and axle weights9177Maximum permitted weights for certainclosely-spaced axles, etc.92—Saving for the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 19999378Over-riding weight restrictions9479Restrictions on the use of vehicles carrying wide or long loads or having fixed appliances or apparatus9580Number of trailers9681Trailers drawn by motor cycles9782Trailers drawn by agricultural motor vehicles9883Distance between motor vehicles and trailers99—Use of mechanical coupling devices10083AUse of secondary coupling on trailers10184Unbraked trailers10285Use of bridging plates between motor vehicles and trailers10386Leaving trailers at rest10487Passengers in trailers10588Attendants on trailers and certain other vehicles10689Attachment of sidecars10790Use of sidecars108—Additional braking requirements for motor vehicles carrying or hauling dangerous goods10991Use of gas propulsion systems11092Use of gas-fired appliances — general11193Use of gas-fired appliances when vehicle is in motion11294Avoidance of unnecessary noise11395Stopping of engine while stationary11496Use of audible warning instruments11597Maintenance and use of vehicle so as not to be a danger, etc.11697ARestrictions on speed of low platform trailers, etc.11798Parking in darkness11899Passengers on motor cycles11999AObstruction120100Driver’s control121101Opening of doors122102Reversing123103Leaving motor vehicles unattended124104Securing of suspended implements125105Television sets126106Revocation SCHEDULES Current ScheduleEquivalent Schedule in 1989 RegulationsRemarks 11Community Directives and ECE Regulations22Braking requirements32AAuthorised sealers43Gas containers54Gas systems65Construction requirements of minibuses76Fire extinguishing apparatus and first aid equipment for minibuses86XAEnd of series exemptions98Motor cycle noise and motor cycle silencers106BEmissions from certain motor vehicles117Plates for certain vehicles128Plates for motor cycles139Maximum permitted weights149AExemptions relating to combined transport operations1510Conditions to be complied with in relation to the use of vehicles carrying wide or long loads or vehicles carrying loads or having fixed appliances or apparatus which project1610APlate for restricted speed vehicle1711Exclusion of certain vehicles from application of regulation 461811ABus services specified for the purposes of regulation 56(5)1912Regulations revoked by regulation 122

Footnotes

[^f00001]: 1995/2994 (N.I. 18); see Article 2(2) for the definition of “the Department”

[^f00002]: 1920 c. 72

[^f00003]: 1949 c. 89

[^f00004]: 1954 c. 17 (N.I.)

[^f00005]: 1962 c. 13

[^f00006]: 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31)

[^f00007]: 1972 c. 10 (N.I.)

[^f00008]: S.1. 1979/1088; relevant amending instruments are S.I. 1980/582, S.I. 1980/2027, S.I. 1981/126, S.I. 1981/1732, S.I. 1982/1479, S.I. 1983/1602, S.I. 1985/113, S.I. 1986/369, S.I. 1989/1014, S.I. 1990/1838, S.I. 1991/1979, S.I. 1992/634, S.I. 1992/3086, S.I. 1993/1710, S.I. 1995/3342 and S.I. 1997/58

[^f00009]: S.R. 1995 No. 449 as amended by S.R.1997 No. 305

[^f00010]: S.R. 1985 No. 294; relevant amending Regulations are S.R. 1987 No. 389, S.R. 1988 No. 405, S.R. 1990 No. 84, S.R. 1990 No. 312, S.R. 1991 No. 408, S.R. 1992 No. 86, S.R. 1992 No. 508 and S.R. 1996 No. 156

[^f00011]: S.I. 1998/2051

[^f00012]: S.I. 1981/154 (N.I. 1)

[^f00013]: 1994 c. 22, as amended by 1995 c. 4, Sch. 4 Part V

[^f00014]: O.J. No. L378, 31.12.82, p. 45

[^f00015]: O.J. No. L370, 31.12.85, p. 8

[^f00016]: S.R. 1987 No. 218 as amended by S.R. 1988 No. 297

[^f00017]: O.J. No. L42, 23.2.70, p. 1

[^f00018]: O.J. No. L220, 8.8.87, p. 44

[^f00019]: 1984 c. 12

[^f00020]: S.I. 1965/1536

[^f00021]: Cmnd. 5179-1

[^f00022]: Cm 2073 and 2183

[^f00023]: Cmnd. 2535

[^f00024]: Cmnd. 3562

[^f00025]: By instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963

[^f00026]: O.J. No. L42, 23.2.70, p. 1

[^f00027]: O.J. No. L220, 8.8.87, p. 44

[^f00028]: O.J. No. L225, 10.8.92, p. 1

[^f00029]: O.J. No. L264, 23.10.93, p. 49

[^f00030]: O.J. No. L169, 8.7.96, p. 1

[^f00031]: O.J. No. L18, 21.1.97, p. 7

[^f00032]: O.J. No.91, 25.3.98, p. 1

[^f00033]: Cmnd. 7997

[^f00034]: Treaty Series, No. 11 (1930)

[^f00035]: 1983 c. 53

[^f00036]: S. I. 1985/886

[^f00037]: 1968 c. 29

[^f00038]: O.J. No. L2, 3.1.85, p. 14

[^f00039]: S.I. 1984/1821 (N.I. 11)

[^f00040]: O.J. No. L233, 25.8.97, p. 1

[^f00041]: S.R. 1992 No. 227

[^f00042]: S. R. 1989 No. 203

[^f00043]: S.R. 1995 No. 447 to which there are amendments not relevant to these Regulations

[^f00044]: 1985 c. 67

[^f00045]: S.I. 1986/1078; relevant amending instruments are S.I.s 1988/271 and 1524, S.I. 1991/1527 and S.I. 1992/422

[^f00046]: 1994 c. 22

[^f00047]: S.I. 1972/1265 (N.I. 14)

[^f00048]: 1929 c. 13 (N.I.)

[^f00049]: S.I. 1978/1039 (N.I. 9)

[^f00050]: Cm 2073

[^f00051]: S.I. 1986/594 (N.I. 3)

[^f00052]: S.R. 1995 No. 447, as amended by S.R. 1997 No. 308

[^f00053]: 1994 c. 26

[^f00054]: O.J. No. L266, 8.11.95, 8.11.95, p. 1

[^f00055]: 1967 c. 37 (N.I.); section 10B was inserted by S.I. 1990/994 (N.I. 7), Article 3

[^f00056]: S.R. 1995 No. 448 as amended by S.R. 1996 No. 140, S.R. 1998 No. 74 and S.R. 1999 No. 78

[^f00057]: S.R. 1989 No. 203

[^f00058]: S.R. 1999 No. 258

[^f00059]: O.J. No. L235, 17.9.96, p. 59

[^f00060]: S.R. 1999 No. 258

[^f00061]: O.J. No. L195, 29.7.94, p. 1

[^f00062]: O.J. No. L202, 6.9.71, p. 37

[^f00063]: O.J. No. L233, 22.9.91, p. 21

[^f00064]: S.I. 1997/276 (N.I. 2)

[^f00065]: S.I. 1978/1049 (N.I. 19)

[^f00066]: 1984 c. 12

[^f00067]: S.I. 1986/595 (N.I. 4)

[^f00068]: S.R. 1995 No. 447, to which there are amendments not relevant to these Regulations

[^f00069]: Article 31A was inserted by S.I. 1985/755 (N.I. 6), Article 3

[^f00070]: 1994 c. 22

[^f00071]: O.J. No. L76, 6.4.72, p. 1

[^f00072]: O.J. No. L197, 20.7.83, p. 1

[^f00073]: O.J. No. L36, 9.2.88, p. 33

[^f00074]: O.J. No. L47, 18.2.77, p. 47

[^f00075]: O.J. No. L222, 12.8.88, p. 10

[^f00076]: O.J. No. L103, 23.4.91, p. 3

[^f00077]: O.J. No. L178, 6.7.91, p. 29

[^f00078]: O.J. No. L225, 10.8.92, p. 68

[^f00079]: O.J. No. L235, 17.9.96, p. 259

[^f00080]: 1971 c. 80

[^f00081]: S.I. 1986/594 (N.I. 3)