Statutory Instruments

1997 No. 1340

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997

Made

14th May 1997

Laid before Parliament

2nd June 1997

Coming into force

1st July 1998

The Secretary of State for Transport, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 and shall come into force on 1st July 1998.

Preliminary

2. The Road Vehicles (Construction and Use) Regulations 1986(2) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of regulation 36A (speed limiters for buses and coaches)

3.-(1) Regulation 36A shall be amended as follows.

(2) In paragraph (1)(b) for "70 mph" there shall be substituted "112.65 km/h".

(3) In paragraph (2)(c) for "65 mph" there shall be substituted "100 km/h".

(4) Paragraph (3) shall be omitted.

(5) In paragraph (6) for "70 mph" there shall be substituted "112.65 km/h".

(6) The following paragraph shall be substituted for paragraph (7)-

"(7) The requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be calibrated to a set speed not exceeding 100 km/h."

(7) The following paragraph shall be inserted after paragraph (9)-

"(9A) Until 1st July 1999, in relation to a vehicle used exclusively for transport operations in the United Kingdom and first used before 1st July 1998, paragraph (2)(c) and paragraph (7) shall have effect as if for "100 km/h" there were in each case substituted "105 km/h"."

(8) In paragraph (14) the definition of "stabilised speed" shall be omitted.

Signed by authority of the Secretary of State for Transport

Helene Hayman

Parliamentary Under-Secretary of State,

Department of Transport

14th May 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 36A (speed limiters on buses and coaches) of the Road Vehicles (Construction and Use) Regulations 1986.

Regulation 36A(3) is revoked as spent. Paragraph (2)(c) of regulation 36A is amended so that the regulation applies to buses having a maximum speed without a speed limiter exceeding 100 kilometres per hour (approximately 62.14 mph) instead of 65 mph (approximately 105 km/h). Paragraph (7) is amended so as to provide that speed limiters fitted to paragraph (2) vehicles must be calibrated to a set speed not exceeding 100 km/h. A new transitional provision is inserted into regulation 36A whereby these changes do not apply until 1st July 1999 to vehicles used exclusively for transport operations in the United Kingdom and first used before 1st July 1998. The definition of "stabilised speed" is omitted. The references to 70 mph in paragraphs (1) and (6) have been replaced by references to the metric equivalent.

Regulation 36A implements Council Directive 92/6 (OJ No. L57, 2.3.92, p.27) and Council Directive 92/24 (OJ No. L129, 14.5.92, p.154). Copies of the Directives can be obtained from the Stationery Office.

A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Zone 2/05, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone 0171-271 4653). Copies are being placed in the Library of each House of Parliament.

(1)

1988 c. 52; section 41 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

(2)

S.I. 1986/1078; relevant amending instrument is S.I. 1993/3048.