S.I. No. 546 of 2008

ROAD TRAFFIC (ORDINARY SPEED LIMITS - BUSES, HEAVY GOODS VEHICLES, ETC) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th December, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by sections 3 and 4 of the Road Traffic Act 2004 (No. 44 of 2004), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, etc) Regulations 2008.

(2) These Regulations come into operation on 1 February 2009.

Definitions

2. In these Regulations-

“design gross vehicle weight” has the meaning assigned to it in the Road Traffic (Licensing of Drivers) Regulations 1999 ( S.I. No. 352 of 1999 );

“dual carriageway” means a road, the roadway of which is divided centrally so as to provide two separate carriageways, on each of which traffic is required by a road regulation to proceed in one direction only;

“seating capacity” means the seating passenger accommodation determined in accordance with the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations 1962 ( S.I. No. 143 of 1962 ).

Speed limits - buses, etc

3. (1) The ordinary speed limit prescribed for a single or double deck mechanically propelled vehicle constructed or adapted for use primarily for the carriage of passengers which has seating capacity for more than 8 persons and which is-

(a) neither designed nor adapted for the carriage of standing passengers, when driven on-

(i) a motorway or a dual carriageway, is 100 kilometres per hour, or

(ii) any other public road, is 80 kilometres per hour, or

(b) designed or adapted for the carriage of standing passengers when driven on any public road is 65 kilometres per hour.

Speed limits - certain other vehicles

4. The ordinary speed limit of 80 kilometres per hour is prescribed in respect of all public roads for-

(a) a mechanically propelled vehicle neither constructed nor adapted for use primarily for the carriage of passengers which has design gross vehicle weight in excess of 3,500 kilograms, and

(b) a combination of a mechanically propelled vehicle drawing another vehicle.

Lesser speed limit

5. A speed limit prescribed in these Regulations does not apply in respect of any road where a lesser speed limit having effect under Part 2 of the Road Traffic Act 2004 (No. 44 of 2004) applies.

Revocation

6. The Road Traffic (Ordinary Speed Limits- Certain Vehicles) Regulations 2005 (S.I. No. 9 of 2005) are revoked.

GIVEN under my Official Seal,

11 December 2008

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe the maximum ordinary speed limit at which specified classes of vehicles can be driven from 1 February 2009 on a public road except where a lower road speed limit applies:

•a speed limit of 100km/h applies, while being driven on a motorway or on a dual carriageway, to single and to double deck passenger vehicles (bus, coach) that can seat more than 8 passengers (excluding the driver) and are not constructed or adapted to carry standing passengers and, while being driven on any other road, a speed limit of 80km/h applies to those vehicles.

•a speed limit of 65km/h applies, while being driven on any road, to single and double deck passenger vehicles that can accommodate more than 8 passengers (excluding the driver) and which are designed or adapted to carry standing passengers.

•a speed limit of 80km/h applies, while being driven on any road,

>to a goods or other non-passenger vehicle (HGVs, etc) that have a design gross weight exceeding 3,500 kilograms, and,

>to any vehicle that is towing another vehicle (e.g. towing a trailer, caravan, horse box, etc).