Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014

• Jurisdiction: Ireland
• Year: 2014
• Citation: IR SI 253/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th June, 2014.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 11 , 12 and 13 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) hereby make the following regulations:

Part 1

Preliminary and General

Citation.

1. These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014.

Commencement.

2. These Regulations come into operation on 1 January 2016.

Interpretation.

3. In these Regulations, “Regulations of 2003” means the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

Part 2

Amendment of the Road Traffic (Construction and Use of Vehicles) Regulations 2003

Amendment of Regulation 2 of the Regulations of 2003.

4. Regulation 2 of the Regulations of 2003 is amended by:

(a) the deletion in Regulation 2(1) of the definitions of “agricultural trailer”, “articulated vehicle”, “design gross vehicle weight”, “land implement”, “land tractor”, “land trailer”, “track-laying” and “trailer”;

(b) the insertion in Regulation 2(1) of the following definitions:

“‘agricultural tractor’:

(a) means a tractor the main function of which lies in its tractive power and which:

(i) has at least two axles,

(ii) has a maximum design speed of not less than 6 kilometres per hour,

(iii) has been designed especially to pull, push, carry and actuate certain interchangeable equipment,

(iv) has been designed for and is used in the performance of agricultural, fisheries, forestry or horticultural work, or to draw agricultural trailers or equipment, and

(b) includes a tractor as is described in paragraph (a) that:

(i) has been adapted to carry a load in the context of agricultural, fisheries, forestry or horticultural work, or

(ii) is equipped with one or more passenger seats;

‘agricultural trailer’:

(a) means a trailer intended mainly to be drawn by an agricultural tractor and intended mainly to carry loads or to process materials used in connection with agriculture, fisheries, forestry or horticulture and where the ratio of the design gross vehicle weight to the unladen weight of that vehicle is equal to or greater than 3.0; and

(b) does not include pieces of interchangeable towed equipment the ratio of the design gross vehicle weight to the unladen weight of which is equal to or greater than 3.0;

‘articulated vehicle’ means the combination of a tractor unit (not being an agricultural tractor) and a semi-trailer 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;

‘authorisation plate’ means an authorisation plate issued and fitted in accordance with Regulation 5 of the Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 ( S.I. No. 247 of 2014 );

‘authorised distributor’ means a person who holds a franchise from a vehicle manufacturer to sell particular makes and models of vehicles manufactured by that manufacturer and who is authorised to represent the manufacturer and to act on its behalf in matters covered by these Regulations;

‘centre-axle trailer’ means a trailer where the axle is, or where there is more than one axle, the axles are, positioned close to the centre of gravity of the trailer, when uniformly loaded, so that only a small static vertical load, not exceeding 10% of that corresponding to the design gross vehicle weight of the trailer or a load of 1000 kilogrammes, whichever is the lesser, is transmitted to the drawing vehicle;

‘design gross vehicle weight’ means the gross weight of a vehicle laden with the heaviest load that it can reasonably carry having regard to the engine, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown:

(a) in the case of an agricultural tractor, agricultural trailer or piece of interchangeable towed equipment, be taken to be its design gross vehicle weight as specified:

(i) by its manufacturer, or

(ii) where the design gross vehicle weight as specified by the manufacturer is not ascertainable, by the authorised distributor; and

(b) in every other case, be taken to be the vehicle’s design gross vehicle weight as specified:

(i) by its manufacturer, or

(ii) where the design gross vehicle weight as specified by its manufacturer is not ascertainable:

(A) by the authorised distributor, or

(B) by a suitably qualified individual;

‘drawbar trailer’ means a trailer having at least two axles which is equipped with a towing device which can move vertically in relation to the trailer and which transmits a static vertical load of less than 100 kilograms to the drawing vehicle;

‘fully mounted agricultural equipment’ means interchangeable machinery that is fully raised from the ground or that cannot articulate around a vertical axis to the agricultural tractor or self-propelled agricultural machine to which it is attached;

‘interchangeable towed equipment’ means any vehicle that is used in agriculture, fisheries, forestry or horticulture and which is designed to be drawn by an agricultural tractor:

(a) which vehicle may include any or none of the following features:

(i) the ability to change or add to the functions of such agricultural tractor,

(ii) the incorporation, permanently, of an implement,

(iii) an ability, by design, to process materials,

(iv) a load platform that is designed and constructed to:

(A) receive any tools and appliances that are needed for any of the foregoing purposes, or

(B) store temporarily any materials that are produced or needed during work; and

(b) the ratio of the design gross vehicle weight to the unladen weight of which vehicle is less than 3.0;

‘Lighting Regulations’ means the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ) as amended;

‘manufacturer’s plate’ means the plate referred to in Annex V of Council Directive 2009/144/EC of 30 November 20091 on certain components and characteristics of wheeled agricultural or forestry tractors;

‘mechanically propelled vehicle’ has the meaning assigned to it by section 3 of the Road Traffic Act 1961 (No. 24 of 1961);

‘plated’ means, in the case of an agricultural tractor, such a tractor that is fitted with a manufacturer’s plate, and in the case of an agricultural trailer, such a trailer that is fitted with an authorisation plate;

‘rigid drawbar trailer’ means a trailer which:

(a) has one axle or one group of axles;

(b) is fitted with a drawbar which, due to its construction, transmits a static load not exceeding 4000 kilogrammes to the drawing vehicle;

(c) is fitted with a coupling other than one consisting of a king pin and a fifth wheel; and

(d) does not meet the definition of a centre-axle trailer;

‘suitably qualified individual’ means a mechanical or automotive engineer, an automotive assessor or a person with similar qualifications who, by reason of his or her competence, experience and independence, is an appropriate person to assess the fitness and safety of a vehicle and who carries the appropriate indemnity relative to his or her position;

‘track-laying’ in relation to a vehicle means a vehicle that is propelled by endless tracks or by a combination of wheels and endless tracks;

‘trailer’ means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle, and unless otherwise provided, includes a drawbar, rigid drawbar and centre-axle trailer but does not include a semi-trailer;

‘UN/ECE Regulation 55’ means Regulation 55 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of These Prescriptions, incorporating amendments up to and including the 01 series of amendments dated 13 April 2012;

‘unladen weight’ means:

(a) in the case of an agricultural tractor, the weight excluding the driver and optional accessories such as front or rear weights, tyre ballast, mounted implements, mounted equipment or any specialised components but including coolant, oils, fuel, tools and the roll-over protective structure,

(b) in any other case, the weight when not carrying passengers or a load;

‘unplated’ means, in the case of an agricultural tractor, such a tractor that is not fitted with a manufacturer’s plate, and in the case of an agricultural trailer, such a trailer that is not fitted with an authorisation plate;”; and

(c) the substitution in Regulation 2(1) for paragraph (d) in the definition of “tractor” of the following:

“(d) in the case of an agricultural tractor, a detachable platform, container or implement (being a platform, container or implement used primarily for farm work) together with the load on or in such platform, container or implement;”.

Amendment of Regulation 3 of the Regulations of 2003.

5. Regulation 3(1) of the Regulations of 2003 is amended by:

(a) the deletion of the definition of “triaxle”; and

(b) the insertion of the following definitions:

“‘flexible suspension system’ means, in relation to a trailer, an air suspension system, an equivalent system or a suspension system that incorporates a spring or a shock-absorbing device or both between the axle or axles and the...