The Road Vehicles (Construction and Use) Regulations 1986

[F136B.—(1) Subject to paragraphs (5) and (14), this regulation applies to every motor vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c)is first used on or after 1st August 1992; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraphs (5) and (14), this regulation also applies to every vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 12,000 kg;

(c)is first used on or after 1st January 1988; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 56 mph; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a)be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment or against any interruption of its power supply; and

(b)be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle or a paragraph (3) vehicle must be calibrated to a set speed not exceeding 60 mph.

[F3(9) Subject to paragraph (11A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be set at a speed not exceeding 85 km/h and the stabilised speed of the vehicle must not exceed 90 km/h.]

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date or a speed limiter fitted at any time to a paragraph (3) vehicle must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24.

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24.

[F4(11A) Where —

(a)a speed limiter fitted to a paragraph (2) vehicle is set at a particular speed above 85 km/h (approximately 52.8 mph); and

(b)the processes used in the construction of the vehicle, the speed limiter and its other equipment were such as to ensure that, with the speed limiter set at that particular speed, the vehicle would have a stabilised speed of not more than 90 km/h (approximately 55.9 mph),

the speed limiter of the vehicle shall, for the purposes of paragraph (9) and regulation 70A, be deemed to have been set at a speed of 85 km/h.]

(12) Paragraph (7)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b)a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

[F5(12A) Until 1st September 1997, paragraph (11A) shall have effect with the omission of the words “and regulation 70A”.]

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

(a)which is being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b)which is completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c)is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d)is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e)while it is being used for fire brigade, ambulance or police purposes; or

[F6(f)at a time when it is being used on a public road during any calendar week if—

(i)it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii)it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994.]

(15) In this regulation“equivalent standard”, “Part 1 of the British Standard”, F7... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A; F8... “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen [F9“set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and subject to paragraph (11A), “set” in relation to a speed limiter fitted to a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly.].

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a)in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b)in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c)in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by [F10Schedule 10 or 10B]) or in column (4) of the plate (where the plate is in the form required by [F10Schedule 10A or 10C]).]