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The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989

S.I. 1989/1865 · Made 10 October 1989

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

Made 10th October 1989

Laid before Parliament 18th October 1989

Coming into force 8th November 1989

The Secretary of State for Transport, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988f1, as read with section 43 of that Act, and all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1988 c. 52.

Contents

  1. 1Citation, commencement and introduction
  2. 2Citation, commencement and introduction
  3. 3Amendments relating to Interpretation
  4. 4Amendment relating to compliance with Community Directives and ECE Regulations
  5. 5Amendments relating to noise limits—motor cycles
  6. 6Amendments relating to noise limits—motor cycles
  7. 7Amendments relating to noise limits—motor cycles
  8. 8Amendments relating to noise limits—motor cycles
  9. 9Amendments relating to noise limits—motor cycles
  10. Signature
  11. Explanatory note

1Citation, commencement and introduction

These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989 and shall come into force on 8th November 1989.

2Citation, commencement and introduction

(1)

The Road Vehicles (Construction and Use) Regulations 1986f1shall be further amended in accordance with the following provisions of these Regulations.

(2)

The Secretary of State is satisfied that—

(a)

it is requisite that the provisions of regulations 4 to 9 shall apply as from8th November 1989 to vehicles registered under the Vehicles (Excise) Act 1971f2before the expiration of one year from the making of these Regulations; and

(b)

notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

3Amendments relating to Interpretation

In the Table in paragraph (2) of regulation 3—

(a)

the meaning specified in column 2 for the expression “Community Directive, followed by a number” shall be amended by the substitution for the words “the reference to it means” of the words “the reference to the amending Directive includes a reference to”; and

(b)

the meaning specified in column 2 for the expression “the Community Recording Equipment Regulation” shall be substituted by the following—

Council Regulation (EEC) 3821/85 of 20th December 1985 on recording equipment in road transportf1, as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986f2.

4Amendment relating to compliance with Community Directives and ECE Regulations

In regulation 6(2) the word “or” immediately following sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be added the following words—

  • “; or

    1. (d)

      a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980f1;”.

5Amendments relating to noise limits—motor cycles

In regulation 55(6) for “57(2)(a)” there shall be substituted “57(1A)(a)”.

6Amendments relating to noise limits—motor cycles

In regulation 57—

(a)

for paragraphs (1) and (2) and the Table in paragraph (2) there shall be substituted—

“(1)

Save as provided in regulation 59, the requirements specified in paragraph (1A) apply to every motor vehicle first used on or after 1st April 1983 but not later than 31st March 1991 which is—

(a)

a moped; or

(b)

a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(1A)

The requirements referred to in paragraph (1) are that—

(a)

the vehicle shall be so constructed that its sound level does not exceed the relevant limit specified in column 2 of item 1 or 2 of the Table when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6); and

(b)

the device designed to reduce the exhaust noise meets the requirements specified in column 5.

TABLE

Regulation 57 (1A)
12345
ItemLimits of sound levelConditions of measurementMethods of measurementRequirements for exhaust device
Vehicle referred to in paragraph 1(a) or 2(a)Vehicle referred to in paragraph 1(b) or 2(b)
173dB(A)Limits specified in paragraph 2.1.1 of Annex 1 to Community Directive 78/1015 f1Conditions specified in paragraph 2.1.3 of Annex 4 to Community Directive 78/1015Methods specified in paragraph 2.1.4 of Annex 1 to Community Directive 78/1015. Interpretation of results as in paragraphs 2.1.5.2, 2.1.5.3 and 2.1.5.4 of that AnnexRequirements as specified in paragraph 3 at Annex I to Community Directive 78/1015 except for sub-paragraph 3.2
273dB(A)First stage limits specified in paragraph 2.1.1 of Annex I to Community Directive 87/56Conditions specified in paragraph 2.1.3 of Annex I to Community Directive 87/56Method specified in paragraph 2.1.4 of Annex I to Community Directive 87/56. Interpretation of results as in paragraphs 2.1.5.2, 2.1.5.3 and 2.1.5.4 of that AnnexRequirements as specified in paragraph 3 of Annex I to Community Directive 87/56 except for sub-paragraph 3.2
(1B)

Instead of complying with paragraph (1), a vehicle referred to in paragraph (1)(b) may comply at the time of its first use with Community Directive 78/1015 or 87/56.

(2)

Save as provided in regulation 59, the requirements specified in paragraph (2A) apply to every motor vehicle first used on or after 1st April 1991 which is—

(a)

a moped; or

(b)

a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(2A)

The requirements referred to in paragraph (2) are those mentioned in paragraph (1A) save that for the reference to item 1 or 2 of the Table there is substituted a reference to item 2 of the Table.

(2B)

Instead of complying with paragraph (2), a vehicle referred to in paragraph (2)(b) may comply at the time of its first use with Community Directive 87/56.”; and

(b)

paragraph (5) shall be omitted.

7Amendments relating to noise limits—motor cycles

In regulation 58(2)(d) for “regulation 57(2)” there shall be substituted “regulation 57(1A) and (2A)”.

8Amendments relating to noise limits—motor cycles

In regulation 59 for “57(2)” there shall be substituted “57(1A) and (2A)”.

9Amendments relating to noise limits—motor cycles

In Table 1 of Schedule 2 after item 51 there shall be added the following item—

“

51A87/5618.12.86L24, 27.1.87, p.42.The permissible sound level and exhaust system of motorcycles78/1015

”.

Signature

Signed by authority of the Secretary of State

Robert Atkins

Parliamentary Under Secretary of State

Department of Transport

10th October 1989

Explanatory note

This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the principal regulations”).

The principal amendments are to regulation 57 (noise limits—motorcycles), which is amended in two respects.

1

Compliance with the sound level limits permitted by E.E.C. Council Directive 87/56 at its first stage of implementation will be compulsory for motorcycles first used on or after 1st April 1991.

2

Previously a vehicle was treated as complying with the principal regulations if a sound level measuring certificate (“a certificate”) was issued in relation to the vehicle by reason of the vehicle’s conforming with the requirements of E.E.C Council Directive 78/1015. By virtue of these Regulations a vehicle first used not later than31st March 1991 may be treated as complying with the principal regulations if a certificate has been issued in relation to the vehicle by reason of the vehicle’s conforming with either the requirements of Directive 78/1015 or 87/56. A vehicle first used on or after 1st April 1991 however may only be treated as complying with the principal regulations if a certificate has been issued in relation to the vehicle by reason of the vehicle’s conforming with the requirements of Directive 87/56. In this connection the omission of the sound level measuring certificate from regulation 6 in the principal regulations is corrected.

There are also provisions to clarify the meaning given in the principal regulations for “Community Directive, followed by a number”, to update the meaning given in the principal regulations for “the Community Recording Equipment Regulation”, and to effect consequential amendments.

Copies of the EEC Regulation and Directives referred to in these Regulations can be obtained from Her Majesty’s Stationery Office. Details of the EEC Regulation and Directives are set out in the Table below.

Principal InstrumentRelevant Amending Instrument
1. Council Regulation (EEC)No. 3821/85 of 20 December 1985(OJ No L370, 31.12.85, p.8).—
2. Council Directive 78/1015/EEC of 23 November 1978 (OJ No L349, 13.12.78, p.21).Council Directive 87/56/EEC of 18 December 1986 (OJ No L24, 27.1.87, p.42).