Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993.

• Jurisdiction: Ireland
• Citation: IR SI 299/1993

S.I. No. 299 of 1993.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 11 of the Road Traffic Act, 1961 (No. 24 of 1961), and for the purposes of giving effect to Council Directive 92/6/EEC1 of 10th February, 1992 hereby makes the following Regulations:— 1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1992 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1993. 2. In these Regulations—

"authorised sealer" has the meaning assigned to it by article 2 of the European Communities (Speed Limitation Devices) Regulations, 1993;

"design gross vehicle weight" means the gross weight of the 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:—

(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

(ii) 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;

1OJ No. L57/27 dated 2.3.1992.

"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;

"the type approval Directive" means Council Directive 92/24/EEC2 of 31st March, 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles;

"vehicle" means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour. 3. (1) Subject to the provisions of sub-articles (3) and (4) of this article, this article applies to—

( a ) every goods vehicle having a design gross vehicle weight exceeding 12,000 kilograms, and

( b ) every passenger vehicle having accommodation for more than eight passengers exclusive of the driver, having a design gross vehicle weight excceeding 10,000 kilograms.

(2) A vehicle to which this article applies shall, on or after the 1st day of January, 1994, at all times when used in a public place, be equipped with a speed limitation device, the set speed of which does not exceed—

( a ) in the case of a goods vehicle, 85 kilometres per hour, and

( b ) in the case of a passenger vehicle, 100 kilometres per hour.

(3) This article shall not apply to—

( a ) a vehicle first registered either in the State or outside the State prior to the 1st day of January, 1988; or

( b ) a goods vehicle which is incapable by reason of its construction of...