European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations, 2006

JurisdictionIreland
CitationIR SI 240/2006

STATUTORY INSTRUMENTS

S.I. No. 240 of 2006

EUROPEAN COMMUNITIES (COMPULSORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS IN MOTOR VEHICLES) REGULATIONS 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 91/671/EEC of 16 December 19911 and Directive 2003/20/EC of the European Parliament and of the Council of 8 April 20032 , hereby make the following regulations:

Part 1

General

1. These Regulations may be cited as the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006.

2. (1) In these Regulations -

“Act” means the Road Traffic Act 1961 (No. 24 of 1961);

“adult” means a person who is not a child;

“air bag” means a device installed to supplement safety belts and restraint systems and which, in the event of a severe impact affecting the vehicle, automatically deploys a flexible structure to limit the gravity of the contacts of the body of the vehicle's occupants with the interior of the passenger compartment;

“appropriate child restraint system” means an approved child restraint system which is appropriate to the user by virtue of the weight range indicated on the child restraint;

“approved child restraint system” means a child restraint system complying with Regulation 3;

“belt anchorages” means the part of the vehicle structure or seat structure or any other part of the vehicle to which the safety belts are to be secured;

“category M1” means a passenger vehicle with seats for not more than 8 persons not including the driver;

“category M2” means a passenger vehicle with seats for more than 8 persons not including the driver and having a design gross vehicle weight not exceeding 5,000 kilograms;

“category M3” means a passenger vehicle with seats for more than 8 persons not including the driver and having a design gross vehicle weight exceeding 5,000 kilograms;

“category N1” means a goods vehicle having a design gross vehicle weight not exceeding 3,500 kilograms;

“category N2” means a goods vehicle having a design gross vehicle weight exceeding 3,500 kilograms but not exceeding 10,000 kilograms;

“category N3” means a goods vehicle having a design gross vehicle weight exceeding 10,000 kilograms;

“child” means a person who is under 150 centimetres in height and weighs less than 36 kilograms;

“child restraint system” means a device designed for use by a child of not more than 36 kilograms in weight comprising either -

(a) a combination of straps or flexible components with a securing buckle, adjusting device attachments and in some cases either or both a supplementary chair and impact shield, capable of being anchored by means of its own integral strap or straps, or

(b) a partial restraint which, when used in conjunction with a safety belt which passes around the body of the child or restrains the device in which the child is placed, forms a complete child-restraint system,

and so designed as to diminish the risk of injury to the wearer, in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the wearer's body;

“design gross vehicle weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and the general construction of the vehicle and shall, until the contrary is shown, be taken to be the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“disabled person's belt” means a safety belt which has been specifically designed or adapted for use by a person with a physical handicap or disability and which is intended for use solely by such a person;

“large public service vehicle” means a public service vehicle having seating accommodation for more than 8 persons not including the driver;

“mechanically propelled vehicle” has the meaning assigned to it in section 3 of the Act;

“public service vehicle” means a mechanically propelled vehicle for the carriage of persons for reward;

“rearward-facing” means facing in the direction opposite to the normal direction of travel of the vehicle;

“relevant vehicle” means a vehicle of category M1, N1, N2 or N3;

“restraint system” means a system combining a seat, fixed to the structure of the vehicle by appropriate means, and a safety belt for which at least one anchorage is located on the seat structure;

“safety belt” means an assembly of straps with a securing buckle, adjusting devices and attachments which is capable of being anchored to a vehicle and is designed to diminish the risk of injury to its wearer, in the event of collision or of abrupt vehicle deceleration, by limiting the mobility of the wearer's body;

“small public service vehicle” means a public service vehicle which is not a large public service vehicle;

“Standard's Directive” means Council Directive 77/541/EEC of 28 June 19773 , as amended by Council Directive 81/576/EEC of 20 July 19814 , Council Directive 82/319/EEC of 2 April 19825 , Council Directive 87/354/EEC of 25 June 19876 , Commission Directive 90/628/EEC of 30 October 19907 , Commission Directive 96/36/EC of 17 June 19968 , Commission Directive 2000/3/EC of 22 February 20009 and Directive 2005/40/EC of the European Parliament and of the Council of 7 September 200510 ;

“vehicle” means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour.

(2) A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

3. A child restraint system the use of which is required by these Regulations shall -

(a) until 30 April 2008 comply with the requirements for such restraints set down in -

(i) Article 3 (2) of the Road Traffic (Construction, Equipment and Use of Vehicles (Amendment) (No. 3) Regulations 1991 ( S.I. No. 359 of 1991 ),

(ii) the...

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