# The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2005, Schedule 1: REGULATION TO BE SUBSTITUTED FOR REGULATION 42


“Speed limiters fitted to buses and coaches
42. (1) Subject to paragraph (11) this regulation applies to every bus and coach which –
(a) has a maximum gross weight exceeding 10 tonnes;
(b) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h; and
(c) was first used on or after 1st January 1988,
and a reference in this regulation to a paragraph 1 vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
(2) Subject to paragraph (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –
(a) is first used on or after 20th June 2005;
(b) has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and
(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,
and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
(3) Subject to paragraphs (6) and (11) this regulation also applies to every bus which –
(a) is first used on or after 20th June 2005;
(b) has a maximum gross weight not exceeding 5 tonnes; and
(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,
and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
(4) Subject to paragraphs (5) and (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –
(a) was first used on or after 1st October 2001 and before 20th June 2005;
(b) complies with the limit values set out in Council Directive 88/77/EEC as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;
(c) has a maximum gross weight not exceeding 10 tonnes; and
(d) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,
and a reference in this regulation to a paragraph (4) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
(5) This regulation shall apply –
(a) on or after 20th June 2006 in the case of a paragraph (4) vehicle used for both national and international transport operations; and
(b) on or after 20th June 2007 for a paragraph (4) vehicle used solely for national transport operations.
(6) This regulation shall apply on or after 20th June 2008 in the case of a paragraph (3) vehicle used solely for national transport operations.
(7) Subject to paragraphs (8) and (12) every vehicle to which this regulation applies shall be fitted with a speed limiter which must –
(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply;
(b) be maintained in good and efficient working order; and
(c) be set so that the speed of the vehicle cannot exceed 100 km/h.
(8) A speed limiter fitted to a paragraph (1) vehicle which is first used before 20th June 2005 may be set at a maximum speed of 100km/h.
(9) Subject to paragraph (13) a speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with –
(a) Part 1 of the British Standard; or
(b) the Annexes to Community Directive 92/24, as amended by Directive 2004/11/EC of the European Parliament and of the Council.
(10) A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.
(11) This regulation does not apply to a vehicle –
(a) being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;
(b) completing a journey in the course of which the speed limiter has accidentally ceased to function;
(c) which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;
(d) which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;
(e) while it is being used for fire brigade, ambulance or police purposes; or
(f) if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.
(12) Paragraph (7) shall have effect in relation to –
(a) a speed limiter fitted before 1st January 1995 to a vehicle first used before that date; or
(b) a speed limiter sealed outside the United Kingdom,
as if the words “by an authorised sealer” were omitted.
(13) Paragraph (9) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.
(14) In this regulation –
“authorised sealer” means a person authorised by the Department in accordance with Schedule 3 of these Regulations, or by the Secretary of State for Transport in accordance with Schedule 3B of the Road Vehicles (Construction and Use) Regulations 1986.
“equivalent standard” means –
(i) a standard or code of practice of a national standards body or equivalent body of any EEA State, or
(ii) any international standard recognised for use as a standard by any EEA State, or
(iii) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;
“international transport operations” means transport operations outside the United Kingdom;
“national transport operations” means transport operations within the United Kingdom;
“Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS/AU 217: Part 1: 1987 and which came into effect on 28th May 1987; as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988;
“speed limiter” means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value; and
“transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.”

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Source: https://www.legislation.gov.uk/nisr/2005/249/schedule/1 (the official version)
Page: https://openlegislation.uk/motor-vehicles-construction-and-use-amendment-no-2-regulations-northern-ireland-2005/schedule-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.