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Schedule 2 REGULATION TO BE SUBSTITUTED FOR REGULATION 43

Original text. Later amendments are not shown.

“Speed limiters fitted to goods vehicles

43.
(1)

Subject to paragraph (9) this regulation applies to every goods vehicle which –

(a)

has a maximum gross weight exceeding 12,000 kg;

(b)

is first used on or after 1st January 1988; and

(c)

has, or if a speed limiter were not fitted would have, a relevant speed exceeding 90 km/h,

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 paragraphs (5) and (9) this regulation also applies to every goods vehicle which –

(a)

has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(b)

is first used on or after 20th June 2005; and

(c)

has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 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 (4) and (9) this regulation also applies to every goods vehicle which –

(a)

has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

(b)

was first used on or after 1st October 2001 and before 20th June 2005;

(c)

complies with the limit values set out in Directive 88/77/EEC as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;

(d)

has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 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)

This regulation shall apply –

(a)

on or after 20th June 2006 in the case of a paragraph (3) vehicle used for both national and international transport operations; and

(b)

on or after 20th June 2007 in the case of a paragraph (3) vehicle used solely for national transport operations.

(5)

This regulation shall apply on or after 20th June 2008 in the case of a paragraph (2) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations.

(6)

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 stabilised speed of the vehicle must not exceed 90 km/h.

(7)

Subject to paragraph (11) 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.

(8)

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.

(9)

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)

is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d)

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.

(10)

Paragraph (6)(a) 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.

(11)

Paragraph (7) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(12)

In this regulation –

  • “authorised sealer”, “Part 1 of the British Standard”, “equivalent standard” and “speed limiter” have the same meanings as in regulation 42;

  • “international transport operations” means transport operations outside the United Kingdom;

  • “national transport operations” means transport operations within the United Kingdom;

  • “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen;

  • “stabilised speed” means the mean speed of a vehicle when its speed is under the control of a speed limiter and stable speed control has been achieved; and

  • “transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.”