Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013

JurisdictionIreland
CitationIR SI 43/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th February, 2013.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 12 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 )), section 2 of the Road Traffic Act 2006 (No. 23 of 2006) and for the purposes of giving further effect to Directive 96/53/EC of 25 July 19961 , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013.

(2) These Regulations come into operation on 1 April 2013.

2. The Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) are amended—

(a) by inserting in Regulation 3(1) after the definition of “air suspension system” the following:

‘“anti-lock braking system” is an anti-lock braking system within the meaning of paragraph 2.1 of Annex X of Council Directive 71/320/EEC which additionally satisfies the technical provisions of Annex X of Council Directive 71/320/EEC in respect of anti-lock braking systems, or is an anti-lock braking system within the meaning of paragraph 2.1 of Annex 13 of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11 which additionally satisfies the technical provisions of Annex 13 of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11 in respect of anti-lock braking systems;’;

(b) by substituting for the definition of “appropriate motor vehicle” in Regulation 3(1) the following:

‘“appropriate motor vehicle” means a mechanically propelled vehicle having at least 3 axles which is fitted with—

(a) a braking system approved in accordance with the requirements of Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC, or the requirements of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11, where appropriate, and which includes an anti-lock braking system in addition to any other devices necessary for the satisfactory operation of the service brakes under all conditions of loading,

(b) a plate complying with the requirements of the Regulations of 2000, and

(c) twin tyres and an air suspension system or an equivalent system on the driving axle or driving axles;’;

(c) by inserting in Regulation 3(1) after the definition of “appropriate motor vehicle” the following:

‘“appropriate semi-trailer” means a semi-trailer which is fitted with—

(a) a braking system meeting the essential technical provisions of Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC, or the provisions of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11, where appropriate, and which includes an anti-lock braking system in addition to any other devices necessary for the satisfactory operation of the service brakes under all conditions of loading;

(b) a plate complying with the requirements of the Regulations of 2000, and

(c) an air suspension system or an equivalent system on each axle;

“Commission Directive 98/12/EC” means Commission Directive 98/12/EC of 27 January 1998 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers;2 ’;

(d) by inserting in Regulation 3(1) after the definition of “conditioned vehicle” the following:

‘“Council Directive 71/320/EEC” means Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the...

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