European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 831/2005
• Year: 2005

STATUTORY INSTRUMENTS

S.I. NO. 831 of 2005

EUROPEAN COMMUNITIES (INSTALLATION AND USE OF SPEED LIMITATION DEVICES IN MOTOR VEHICLES) REGULATIONS 2005

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 92/6/EEC of 10 February 19921 , Council Directive 92/24/EEC of 31 March 19922 , Directive 2002/85/EC of the European Parliament and of the Council of 5 November 20023 and Directive 2004/11/EC of the European Parliament and of the Council of 11 February 20044 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005. 2. (1) In these Regulations -

“articulated vehicle” means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“authorised sealer” has the meaning assigned to it by article 2 of the European Communities (Speed Limitation Devices) Regulations 1993 ( S.I. No. 300 of 1993 );

“design gross 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 general construction of the vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“first registered” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State;

“goods vehicle” means a mechanically propelled vehicle, or an articulated vehicle, constructed or adapted primarily for the conveyance of goods or burden of any description;

“mechanically propelled vehicle” has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

“Member State” means a Member State of the European Communities;

“motor dealer” means a person supplying in the course of business or trade -

(a) a vehicle fitted with a speed limitation device or speed limitation on-board system,

(b) a speed limitation device, or

(c) a speed limitation on-board system;

“speed limitation device” means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value;

“passenger vehicle” means a vehicle having seating accommodation for more than 8 persons exclusive of the driver;

“type approval Directive” means Council Directive 92/24/EEC of 31 March 19922 , as amended by Directive 2004/11/EC of the European Parliament and of the Council of 11 February 20044 ;

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

(2) In these Regulations -

(a) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. 3. (1) Subject to paragraph (2), these Regulations apply to vehicles of the classes specified in column (2) of the Schedule at any reference number.

(2) These Regulations do not apply to -

(a) goods vehicles which by reason of their construction are incapable of being driven at a speed exceeding 90 kilometres per hour,

(b) passenger vehicles which by reason of their construction are incapable of being driven at a speed exceeding 100 kilometres per hour,

(c) vehicles which are used for official purposes by the Defence Forces, Garda Síochána Civil Defence, Fire Services or other emergency services,

(d) vehicles which are used for scientific tests for which permits under Regulation 60 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 have been issued, or

(e) vehicles of a class specified in column (2) of the Schedule at any reference number in column (1) which were first registered prior to the date specified in column (5) opposite that reference number. 4. (1) Subject to paragraph (2), a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) shall, when used in a public place, be equipped with a speed limitation device set in such a way that the speed of the vehicle cannot exceed the speed specified in kilometres per hour in column (3) opposite that reference number.

(2) Subject to paragraph (3), this Regulation applies to a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) which was first registered on or after the date specified in column (4) opposite that reference number.

(3) This Regulation applies to a vehicle of a class specified in column (2) of the Schedule -

(a) at reference numbers 1 and 4 in column (1) which was first registered at any time in the period specified in column (6) opposite either reference number from the date specified in -

(i) column (7) opposite that reference number, in the case of a vehicle used exclusively for journeys in the State, or

(ii) column (8) opposite that reference number, in the case of a vehicle used for international journeys, or

(b) at reference numbers 2, 3, 5 and 6 in column (1) complying with the limit values set out in Council Directive 88/77/EEC of 3 December 19875 which was first registered at any time in the period specified in column (6) opposite any of those reference numbers from the date specified in -

(i) column (7) opposite that reference number, in the case of a vehicle used exclusively for journeys in the State, and

(ii) column (8) opposite that reference number, in the case of a vehicle used for international journeys.

(4) A vehicle of a class specified in column (2) of the...