# The Motor Vehicles (Construction and Use) (Amendment No. 2) Regulations (Northern Ireland) 2005, Schedule 2: REGULATION TO BE SUBSTITUTED FOR REGULATION 43


“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.”

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