Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1985.

Statutory Instrument No.158/1985
Date06 June 1985

The Minister for the Environment in exercise of the powers conferred on him by sections 5 , 11 , and 13 of the Road Traffic Act, 1961 , (No. 24 of 1961) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1985.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1983 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1985.

2. In these Regulations, save where the context otherwise requires:—

"Council Directive" means Council Directive 70/221/EEC of the 20th day of March, 19701 as amended by Commission Directive 79/490/EEC of the 18th day of April, 19792 and Commission Directive 81/333/EEC of the 13th April, 19813.

"the Principal Regulations" means the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ).

"rear underrun protective device" means a device conforming with the description in item II.5.4 of the Annex to the Council Directive.

"vehicle" means a mechanically propelled vehicle and includes an articulated vehicle.

3. Article 24 of the Principal Regulations is hereby amended by the deletion of sub-article (2) of that article and the substitution therefor of the following sub-article:—

1 O.J. No. L 76/23, 6/4/1970.

2 O.J. No. L 128/22, 26/5/1979.

3 O.J. No. L131/4, 18/5/1981.

"(2) where a windscreen made of glass is fitted

( a ) to a vehicle first registered on or after the 1st day of January, 1986, the glass shall be laminated safety glass and be clearly and indelibly marked with one of the approved standard marks specified in the First Schedule to these Regulations;

( b ) to a vehicle first registered prior to the 1st day of January, 1986, the glass shall be safety glass or laminated safety glass".

4. (1) A vehicle, trailer or semi-trailer to which this article applies shall, on or after the 1st day of January, 1986 at all times while used in a public place, be equipped with a rear underrun protective device.

(2) Subject to the provisions of sub-article (3), this article applies to goods vehicles, trailers and semi-trailers exceeding 1524 kilograms in weight unladen which are first licensed on or after the 1st day of January, 1986.

(3) This article shall not apply to—

( a ) a mechanically propelled vehicle which is incapable by reason of its construction of exceeding a speed of 15 miles per hour;

( b ) a mechanically propelled vehicle constructed or adapted to form part of an articulated vehicle;

( c ) an agricultural trailer;

( d ) a vehicle or trailer consisting of moveable engineering plant or equipment;

( e ) a land tractor;

( f ) a vehicle or trailer fitted at the rear with apparatus specially designed for spreading material on a road;

( g ) a vehicle or trailer so constructed that it can be unloaded by part of the vehicle or trailer being tipped rearwards;

(h) a vehicle or trailer belonging to or used for official purposes by the Defence Forces or by the Garda Siochana;

(i) a vehicle or trailer to the chassis of which no bodywork is fitted and which is being driven or towed to premises where bodywork or a rear underrun protective device is to be fitted;

(j) a vehicle or trailer specially designed and constructed, and not merely adapted, to carry other vehicles loaded on it from the rear;

(k) a vehicle or trailer specially designed and constructed to carry round timber, beams or girders, being items of exceptional length;

(l) a vehicle or trailer fitted with a tail lift so constructed that the lift platform forms part of the floor of the vehicle and this part has a length of at least 1 metre measured parallel to the longitudinal axis of the vehicle; and

(m) a vehicle specially designed and not merely adapted for the carriage and mixing of liquid concrete.

(4) A vehicle, trailer or semi-trailer to which this article applies and which is fitted with a tail lift, bodywork or other part which renders it being equipped with a rear underrun protective device impracticable shall instead be equipped with two or more devices which comply with the following requirements:—

(a) not more than 500 millimetres shall lie between one device and the device next to it;

(b)...

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