The Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2011

Made: 24th February 2011

Coming into operation: 24th March 2011

The Department of the Environment, in exercise of the powers conferred by Articles 55(1), (2), (4) and (6) and 110(2) of the Road Traffic (Northern Ireland) Order 1995[^f00001], makes the following Regulations:

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 24th March 2011.

• (2) In these Regulations “the principal Regulations” means the Road Vehicles Lighting Regulations (Northern Ireland) 2000[^f00002].

Amendment to regulation 2 (interpretation)

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• (1) Regulation 2 of the principal Regulations is amended as follows.

• (2) In paragraph (1)—

• (a) after the definition of “cc” insert—

• “child” means a child under the age of 16 years;

• (b) after the definition of “hours of darkness” insert—

• “illuminable sign” means a sign which is of a type shown in Part 1 and Part 2 of Schedule 22A and complies with the requirements of that Schedule;

• (c) omit the definition of “prescribed sign”;

• (d) after the definition of “road clearance vehicle” insert—

• “roof bar” means an appliance fitted to the roof of a vehicle which is of a type described in Schedule 22C and complies with the requirements of that Schedule;

• (e) after the definition of “running lamp” insert—

• “school” has the same meaning as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986[^f00003];
• “school service” means a bus service— which operates during term time only in accordance with a timetable and is normally available to members of the general public and is regularly used by such members but the main purpose of that service is to carry a child to or from his school; provided or secured by an Education and Library Board pursuant to arrangements made under Article 52 of the Education and Libraries (Northern Ireland) Order 1986[^f00004]; and which is provided by a bus which is the property of an Education and Library Board and is painted in the distinctive livery of that Board;

• (f) after the definition of “side retro reflector” insert—

• “small bus” means a motor vehicle which is constructed or adapted to carry more than eight but not more than sixteen seated passengers in addition to the driver;

• (g) after the definition of “special warning lamp” insert—

• “standard sign” means a sign which is of a type shown in Schedule 22 and complies with the requirements of that Schedule;

• (h) after the definition of “warning beacon” insert—

• “warning light” means a lamp which is of a type described in Schedule 22B and complies with the requirements of that Schedule;

• (3) After paragraph (1) insert—

(1A) In these Regulations a reference to a bus carrying a child to or from his school is a reference to a bus carrying a child— (i) to, or to a place within the vicinity of, his school on a day during term time before he has attended the school on that day; or (ii) from, or from a place within the vicinity of, his school on a day during term time after he has finished attending the school on that day.

Amendment to regulation 15 (lamps to show a steady light)

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In regulation 15(2) of the principal Regulations, after sub-paragraph (h) add—

or (i) a warning light.

Amendment to regulation 17 (signs on buses carrying children)

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For regulation 17 of the principal Regulations substitute—

(17) (1) Subject to paragraph (2) and regulations 17A(3), 17B(2) and 17C(2) a person shall not use or cause or permit to be used on a road a bus when it is carrying a child to or from his school unless— (a) a standard sign is fitted to the front of the bus and is plainly visible to road users ahead of the bus; and (b) a standard sign is fitted to the rear of the bus and is plainly visible to road users behind the bus. (2) Paragraph (1) does not apply— (a) where a bus is on a bus service of a description specified in paragraph 2 of Schedule 18 (bus services specified for the purposes of regulation 57(5)) to the Construction and Use Regulations[^f00005]; or (b) where a bus is the property of an Education and Library Board and is painted in the distinctive livery of that Board. (3) A standard sign shall be removed while any bus to which it has been fitted is being used for purposes other than carrying a child to or from his school. (4) This regulation shall cease to have effect on 31st August 2014. (17A) which both comply with the requirements of Part 1 or Part 2 of Schedule 22A and are fitted in accordance with the specifications in Schedule 22D. (1) From 1st September 2014, a person shall not use or cause or permit to be used on a road a bus first used before 1st June 2010, which is being used to provide a school service when it is carrying a child to or from his school unless— (a) an illuminable sign is fitted to the front of the bus and is plainly visible to road users ahead of the bus; and (b) an illuminable sign is fitted to the rear of the bus and is plainly visible to road users behind the bus, (2) From 1st September 2014, a person shall not use or cause or permit to be used on a road a bus first used on or after 1st June 2010, which is being used to provide a school service when it is carrying a child to or from his school unless— (a) an illuminable sign is fitted to the front of the bus and is plainly visible to road users ahead of the bus; and (b) an illuminable sign is fitted to the rear of the bus and is plainly visible to road users behind the bus, which both comply with the requirements of Part 2 of Schedule 22A and are fitted in accordance with the specifications in Schedule 22D. (3) It shall not be a contravention of regulation 17(1) for a person to cause or permit to be used on a road a bus used to provide a school service where the illuminable signs specified in paragraphs (1) and (2) are fitted to a bus prior to 1st September 2014. (17B) and are fitted in accordance with the specifications in Schedule 22D. (1) From 1st September 2014, a person shall not use or cause or permit to be used on a road a bus which is being used to provide a school service when it is carrying a child to or from his school unless— (a) warning lights are fitted to the front of the bus and are plainly visible to road users ahead of the bus; and (b) warning lights are fitted to the rear of the bus and are plainly visible to road users behind the bus, (2) It shall not be a contravention of regulation 17(1) for a person to cause or permit to be used on a road, a bus which is fitted with warning lights referred to in paragraph (1) prior to 1st September 2014. (17C) (1) From 1st September 2014, in the case of a small bus where it is not practicable to fit illuminable signs, a person shall not use or cause or permit to be used on a road a small bus which is being used to provide a school service when it is carrying a child to or from his school, unless a roof bar is fitted so that it shall be plainly visible to road users ahead of and behind the bus, and is fitted in accordance with the specifications in Schedule 22D. (2) It shall not be a contravention of regulation 17(1) for a person to cause or permit to be used on a road, a small bus which is fitted with a roof bar referred to in paragraph (1) prior to 1st September 2014. (17D) A bus used to provide a school service shall be so constructed that each illuminable sign, warning light and roof bar with which the vehicle is fitted, is capable of being operated by a switch which complies with the requirements of Schedule 22E.

New regulation 27A (use of illuminable signs, warning lights on school buses)

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After regulation 27 of the principal Regulations insert—

(27A) A person shall not use or cause or permit to be used on a road a bus which is being used to provide a school service when it is carrying a child to or from his school unless— (a) the illuminable sign required to be fitted by regulation 17A(1) and (2) is kept lit; (b) the warning lights specified in regulation 17B(1) are activated as children are entering or leaving, or are about to enter or leave the bus, or have just left the bus; and (c) in a case of a small bus where a roof bar is fitted the roof bar is kept lit.

Amendment to regulation 30 (restrictions on the use of lamps other than those to which regulation 27 refers)

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• (1) The table in regulation 30 of the principal Regulations is amended as follows.

• (2) In item 5 in head (iii) in column 3 for “; or” substitute “.”.

• (3) In item 5 delete head (iv) in column 3.

• (4) After item 11 insert—

Amendment to Schedule 22 (standard sign for buses carrying children)

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For Schedule 22 to the principal Regulations substitute the Schedules as set out in the Schedule to these Regulations.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of the Environment on 24th February 2011

Deirdre Kenny — A senior officer of the — Department of the Environment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Road Vehicles Lighting Regulations (Northern Ireland) 2000 (the principal Regulations) in order to introduce new requirements relating to the display of signs and lights on buses carrying children to and from school.

Regulation 4 substitutes regulation 17 of the principal Regulations so that the non-illuminated reflective sign is referred to as a standard sign as specified in Schedule 22, and inserts new regulations into the principal Regulations as follows—

• (a) regulation 17A provides that from 1st September 2014 buses used to provide a school service must have an illuminable sign of a type shown in Part 1 or Part 2 of Schedule 22A, the type of illumination depending on the date the bus is first used.

• (b) regulation 17B requires that buses, used to provide a school service, are fitted with warning lights specified in Schedule 22B.

• (c) regulation 17C imposes a requirement on buses used to provide a school service with a seating capacity of 9-16 passengers to be fitted with a roof bar as specified in Schedule 22C, where it is not practicable to fit illuminable signs and warning lights.

• (d) regulation 17D inserts new requirements regarding the operation of switches for illuminable signs and warning lights.

Fitting of illuminated signs, warning lights and roof bars is dealt with in Schedule 22D.

Regulations 6 inserts new regulation 27A into the principal Regulations which imposes requirements with regard to the lighting of the illuminable sign, warning lights and roof bars.

Regulation 7 amends regulation 30 of the principal Regulations so as to restrict the use of illuminable signs and warning lights.

An Explanatory Memorandum and a Regulatory Impact Assessment has been produced and is available from Road Safety Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr

Footnotes

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

[^f00002]: S.R. 2000 No. 169

[^f00003]: S.I. 1986/594 (N.I. 3)

[^f00004]: Article 52 was substituted by S.I. 1997 No. 866 (N.I. 5); Article 23

[^f00005]: S.R. 1999 No. 454 as amended by S.R. 2002 No. 256

[^f00006]: Copies available from http://unece.org/trans/main/wp29/wp29regs/r065r1e.doc

[^f00007]: Copies of Regulation 65 are available from the following website: http://unece.org/trans/main/wp29/wp29regs61-80.html