Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018

• Jurisdiction: Ireland
• Year: 2018
• Citation: IR SI 23/2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd February, 2018.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5 , 11 and 12 of the Road Traffic Act 1961 (No. 24 of 1961) and sections 8 , 10 and 11 of the Road Traffic Act 1968 (No. 25 of 1968) 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 )), and for the purposes of giving further effect to the provisions of Council Directive 96/53/EC, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018.

Commencement

2. These Regulations come into effect on 1 February 2018.

Interpretation

3. In these Regulations:

(a) “Principal Regulations” means the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ); and

(b) “Regulations of 2000” means the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 2000 ( S.I. No. 224 of 2000 ).

Amendment of Regulation 2(1) of the Principal Regulations

4. The Principal Regulations are amended in Regulation 2(1):

(a) by inserting the following definitions:

“‘appointed person’ means an appointed person for the purposes of the European Communities (Proof of Compliance) Regulations 2000 ( S.I. No. 223 of 2000 );

‘declaration of conformity’ means a declaration in the form set out in Schedule 2 and which is prepared and issued in accordance with Part 2A;

‘certificate of conformity’ means the document set out in Annex IX to Directive 2007/46/EC of the European Parliament and of the Council, issued by the manufacturer and certifying that a vehicle belonging to

the series of the type approved in accordance with the said Directive complied with all regulatory acts at the time of its production;

‘manufacturer’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, the person who, or the body that, is responsible to the relevant approval authority for the purposes of Regulation (EU) No. 167/2013 for all aspects of the type-approval or authorisation process of the relevant agricultural tractor or agricultural trailer and for ensuring conformity of production of that agricultural tractor or agricultural trailer. A person or body may be the manufacturer of an agricultural tractor or an agricultural trailer even if that person or body was not directly involved in all stages of the construction of the agricultural tractor or agricultural trailer which is the subject of the approval process; and

(b) in the case of a vehicle to which Part 2A applies, the person who, or the body that, is responsible to the relevant approval authority for the purposes of Directive 2007/46/EC for all aspects of the type-approval or authorisation process of the relevant vehicle and for ensuring conformity of production of that vehicle. A person or body may be the manufacturer of a vehicle even if that person or body was not directly involved in all stages of the construction of the vehicle which is the subject of the approval process;

‘special permit’ means a permit or other authorisation issued under any of the following:

(a) Regulation 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 ( S.I. No. 190 of 1963 );

(b) Part 6;

(c) the Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 ( S.I. No. 283 of 2007 );

(d) the Road Traffic (Specialised Vehicle Permits) Regulations 2009 ( S.I. No. 147 of 2009 );”;

(b) by substituting for the definition “authorisation plate” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘authorisation plate’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, 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 ); and

(b) in the case of a vehicle to which Part 2A applies, an authorisation plate for the purposes of Part 2A;”;

(c) by substituting for the definition “authorised distributor” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“authorised distributor” means, in respect of a particular vehicle, a person who meets either or both of the following conditions:

(a) the person holds a franchise from the manufacturer of the relevant vehicle to sell particular makes and models of vehicles manufactured by that manufacturer and of which the relevant vehicle is one;

(b) the person is, in writing, authorised to represent the manufacturer of the relevant vehicle and to act on the manufacturer’s behalf in matters covered by these Regulations;”;

(d) by substituting for the definition “manufacturer’s plate” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘manufacturer’s plate’ means:

(a) in the case of an agricultural tractor and an agricultural trailer, the plate referred to in Annex V of Council Directive 2009/144/EC of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors; and

(b) in the case of a mechanically propelled vehicle to which Regulation 11A or Regulation 11B applies, a plate applied by the manufacturer or authorised distributor of that vehicle, in accordance with Part 2A;”;

(e) by substituting for the definition “plated” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“plated” means:

(a) in the case of an agricultural tractor, such a tractor that is fitted with a manufacturer’s plate;

(b) in the case of an agricultural trailer, such a trailer that is fitted with an authorisation plate; and

(c) in the case of a vehicle to which Regulation 11A or Regulation 11B applies, such a vehicle that is fitted with either or both:

(i) a manufacturer’s plate;

(ii) an authorisation plate;”; and

(f) by substituting for the definition “unplated” (inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 ( S.I. No. 253 of 2014 )) the following definition:

“‘unplated’ means:

(a) in the case of an agricultural tractor, such a tractor that is not fitted with a manufacturer’s plate;

(b) in the case of an agricultural trailer, such a trailer that is not fitted with an authorisation plate; and

(c) in the case of a vehicle to which Regulation 11A or Regulation 11B applies, such a vehicle that is not fitted with at least one of the following:

(i) a manufacturer’s plate; (ii) an authorisation plate;”.

Amendment of Regulation 7 of the Principal Regulations

5. The Principal Regulations are amended in Regulation 7 by inserting after paragraph (1) the following:

“(1A) In the case of a triaxle (not being a trailer) that is fitted with one or more driving axles, each driving axle that is fitted with twin tyres and an air suspension system or an equivalent system may transmit to the road a weight not exceeding 9.5 tonnes but subject to an overall triaxle limit of:

(a) 21 tonnes, if the distance between the two closest adjacent axles is less than 1.3 metres;

(b) 24 tonnes, if the distance between the two closest adjacent axles is at least 1.3 metres.”

Insertion of Regulations 11A and 11B into the Principal Regulations

6. The Principal Regulations are amended by inserting after Regulation 11 the following:

“Weight Laden of Rigid Vehicle with more than Four Axles

11A. (1) This Regulation applies to a rigid mechanically propelled vehicle having more than 4 axles and which is first registered in the State on or after 1 February 2018.

(2) The weight laden of a vehicle to which this Regulation applies shall not exceed the lower of:

(a) 36 tonnes; and

(b) such maximum weight as may be specified:

(i) in the manufacturer’s or authorised distributor’s certificate of conformity, or

(ii) on the manufacturer’s plate,

in respect of the particular vehicle.

(3) A vehicle to which this Regulation applies:

(a) may be first registered in the State only if the application for registration is accompanied by either:

(i) a manufacturer’s or an authorised distributor’s certificate of conformity in respect of the relevant vehicle stating that vehicle’s maximum permissible weight laden; or

(ii) a declaration of conformity in respect of the relevant vehicle, issued under Part 2A; and

(b) shall comply with the requirements of Part 2A.

(4) The weight laden, expressed in tonnes, of a rigid mechanically propelled vehicle to which this Regulation applies shall not exceed the number obtained when the distance between the extreme front and rear axles, expressed in metres correct to two decimal places, is multiplied by 5.5.

(5) This Regulation does not apply to:

(a) a vehicle to which Regulation 11B applies;

(b) an agricultural tractor or an agricultural trailer; or

(c) a vehicle to which a current special permit applies.

(6) For the purposes of sections 8, 10 and 11 of the Road Traffic Act 1968 , this Regulation is a penal regulation.

Weight Laden of Modified Rigid Vehicle with more than Four Axles

11B. (1) This Regulation applies to:

(a) a rigid mechanically propelled vehicle having 4 or fewer axles and which is registered in the State and which is, on or after 1 February 2018, modified by the addition of one or more axles so that...