The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1992

Regulation 5(2)

THE SCHEDULE

Regulation 36C

“SCHEDULE 3BAUTHORISED SEALERS

PART Igeneral

1.  The Secretary of State may authorise—

(a)an individual proposing to seal speed limiters other than on behalf of another person;

(b)a firm; or

(c)a corporation; and a person or body so authorised is referred to in this Schedule as an “authorised sealer”.

2.  An authorised sealer shall comply with the conditions set out in Part II of this Schedule and with such other conditions as may from time to time be imposed by the Secretary of State.

3.  An authorised sealer may charge for sealing a speed limiter.

4.  The Secretary of State may at any time withdraw an authorisation granted under this Schedule.

5.—(1) An authorisation under this Schedule in respect of an individual shall terminate if—

(a)he dies;

(b)is adjudged bankrupt or, in Scotland, has his estate sequestrated; or

(c)becomes a patient within the meaning of Part VII of the Mental Health Act 1983(1) or, in Scotland, becomes incapable of managing his own affairs.

(2) An authorisation under this Schedule in respect of a firm shall terminate if the firm is dissolved or if all the partners are adjudged bankrupt.

(3) An authorisation under this Schedule in respect of a company shall terminate if—

(a)the company goes into liquidation or an administration order is madein relation to it;

(b)a receiver or manager of the trade or business of the company is appointed; or

(c)possession is taken by or on behalf of the holders of any debenture secured by a floating charge, or any property of the company comprised in or subject to the charge, occurs.

PART IIthe conditions

6.  An authorised sealer shall not—

(a)seal a speed limiter fitted to a vehicle to which regulation 36A applies unless he is satisfied that the speed limiter fulfils the requirements of paragraph (3)(a), (b) and (d) of that regulation, or

(b)seal a speed limiter fitted to a vehicle to which regulation 36B applies unless he is satisfied that the speed limiter fulfils the requirements of paragraph (3)(a), (b) and (d) of that regulation.

7.  When sealing a speed limiter fitted to a vehicle to which regulation 36A applies, an authorised sealer shall do so in such a manner that the speed limiter fulfils the requirements of paragraph (3)(c) of that regulation.

8.  When sealing a speed limiter fitted to a vehicle to which regulation 36B applies, an authorised sealer shall do so in such a manner that the speed limiter fulfils the requirements of paragraph (3)(c) of that regulation.

9.  When an authorised sealer has sealed a speed limiter fitted to a vehicle to which section 36A applies he shall supply the owner with a plate which fulfils the requirements of regulation 70A.

10.  When an authorised sealer has sealed a speed limiter fitted to a vehicle to which section 36B applies he shall supply the owner with a plate which fulfils the requirements of regulation 70B”