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The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2018

S.R. 2018/87 · Made 13 April 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Road Traffic And Vehicles

Made 13th April 2018

Coming into operation 20th May 2018

The Department for Infrastructuref1 makes the following Regulations in exercise of the powers conferred by Articles 55(1) and (2) and 110(2) of the Road Traffic (Northern Ireland) Order 1995f2 and now vested in itf3.

Annotations to the whole text

Footnotes

f1

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

f2

S.I. 1995/2994 (N.I. 18)

f3

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland)
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 20th May 2018.

2Amendment of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland)

(1)

The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 24 (maintenance and efficiency of brakes)—

(a)

in Table 1—

(i)

after item 3 insert—

“

3AA motor tractor which is driven at more than 40km/h—
(a) when not drawing a trailer50  25
(b) when drawing a non-agricultural trailer45  25

”; and

(ii)

in item 4 for “1 to 3” substitute “1 to 3A”; and

(b)

after paragraph (5) insert—

“(5A)

For a motor tractor which is driven at more than 40km/h, when drawing an agricultural trailer each component of the combination shall comply with the requirements of that component specified in item 3A(a) of Table 1 and paragraph (10)(c).”.

(3)

In Table 1 in Schedule 1 (community directives and ECE regulations)—

(a)

omit item 88C;

(b)

omit item 97; and

(c)

after item 106 insert—

“

1072014/4529.4.14L127, 29.4.14, p.51Periodic roadworthiness tests for motor vehicles and their trailers2009/40
1082014/4729.4.14L127, 29.4.14, p.134Technical roadside inspection of the roadworthiness of commercial vehicles2000/30

”.

(4)

For paragraph 8 of Part II of Schedule 10 (emissions from certain motor vehicles) substitute—

“8.
(1)

This part of the Schedule applies to a vehicle if, when subjected to the “relevant test”, the coefficient of absorption of the exhaust emission from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a)

if the vehicle is first used before 1st July 2008 and the engine of that vehicle is turbo-charged, 3.0 per metre, or the manufacturer’s plate value if lower;

(b)

if the vehicle is first used before 1st July 2008 and the engine of that vehicle is not turbo-charged, 2.5 per metre, or the manufacture’s plate value if lower;

(c)

if the vehicle is first used on or after 1st July 2008 but before 1st January 2014, the manufacturer’s plate value if available, otherwise 1.5 per metre; or

(d)

if the vehicle is first used on or after 1st January 2014, the manufacturer’s plate value if available, otherwise 0.7 per metre.

(2)

In paragraph (1) “a relevant test” means a test conducted in accordance with—

(a)

point 8.2.2 of Annex I of Directive 2014/45/EU; or

(b)

point 8.2.2 of Annex II of Directive 2014/47/EU.”.

Signature

Sealed with the Official Seal of the Department for Infrastructure on 13th April 2018

L.S.

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”) make provision for the use of motor vehicles and trailers on roads and their construction. These Regulations amend the 1999 Regulations to give effect to the requirements of Directive 2014/45/EU of the European Parliament and of the Council of 3rd April 2014 on the periodic roadworthiness tests for motor vehicles and their trailer.

These Regulations amend regulation 24 (which makes provision about the maintenance and efficiency of brakes) of the 1999 Regulations to prescribe requirements in relation to the brakes of certain motor tractors.

These Regulations also amend Schedule 10 (emissions from certain vehicles) of the 1999 Regulations. This change is in relation to the coefficient of absorption of the exhaust emissions from the engine of a vehicle to which Part II of Schedule 10 applies.

The references to applicable EU Directives contained in Schedule 1 (community directives and ECE Regulations) have also been amended.

An Explanatory Memorandum and Transposition Note have been produced and are available from the Safe and Sustainable Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Regulation at http://www.legislation.gov.uk/nisr.