Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

Noise limits — certain vehicles with 3 or more wheels — general

66.—(1) Subject to paragraph (2) and (3) and regulation 72, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—

(a)a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b)a vehicle not falling within sub-paragraph (c) which is—

(i)engineering plant;

(ii)a locomotive other than an agricultural motor vehicle;

(iii)a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(iv)a public works vehicle;

(v)a works truck; or

(vi)a refuse vehicle; or

(c)a vehicle which—

(i)has a compression ignition engine;

(ii)is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and

(iii)falls within category I.1.l., I.1.2., or I.1.3. specified in Article 1 of Community Directive 77/212.

(2) This regulation does not apply to a vehicle to which an item in the Table in regulation 67 applies.

(3) This regulation does not apply to—

(a)a motor cycle with a sidecar attached;

(b)an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c)an industrial tractor;

(d)a road roller;

(e)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires, or salvage from fires, at or in the vicinity of airports and having an engine power exceeding 220 kw;

(f)a vehicle which runs on rails; or

(g)a vehicle manufactured by Leyland Vehicles Ltd. and known as the Atlantean Bus, if first used before 1st October 1984.

(4) Subject to paragraphs (5) and (6), a vehicle to which this paragraph applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table. A vehicle complies with those requirements if—

(a)its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 using the apparatus prescribed in paragraph (7); and

(b)in the case of a vehicle referred to in paragraph (1)(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or (1)(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

(5) Subject to paragraph (6), paragraph (4) applies to a vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kw per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Northern Ireland Regulations as if, for the reference to item 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(6) Paragraph (5) does not apply to a vehicle in category 5.2.2.1.3. as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4. as defined in that Annex, or a vehicle referred to in paragraph (1)(b) unless it is first used on or after 1st April 1991.

(7) The apparatus prescribed for the purposes of paragraph (4)(a) and regulation 68(2)(a) and Schedule 9 is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type O or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969: 1981 which came into effect on 29th May 1981.

(8) A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 67 as they apply to a vehicle first used on the date specified in column 3 of that item.

(9) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, or 81/334, or 84/372, or 84/424, or 92/97, or 96/20 or ECE Regulation 51.02.