Public Service Vehicles Accessibility Regulations (Northern Ireland) 2003

PART IPRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Public Service Vehicles Accessibility Regulations (Northern Ireland) 2003 and shall come into operation on 30th April 2003.

Interpretation

2.—(1) In these Regulations–

“the 1970 Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers(1), as last amended by Commission Directive 2001/92/EC of 30th October 2001(2);

“the 1995 Regulations” means the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(3);

“accessibility certificate” means a certificate issued by a vehicle examiner in accordance with Part III;

“bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers which is of category M₂ or M₃ (as defined in Annex II(A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;

“coach” means a public service vehicle designed and constructed for the carriage of seated passengers only which is of category M₂ or M₃ (as defined in Annex II(A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;

“conformity certificate” means a certificate issued by a vehicle examiner in accordance with Part VI;

“declaration of conformity” means a declaration made by an authorised person in accordance with Part V;

“Department” means the Department of the Environment;

“double-deck”, in relation to a bus or coach, means that the spaces provided for the passengers are arranged (at least in one part) on two superimposed levels and that space for standing passengers is not provided on the upper deck;

“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993(4);

“motor vehicle” has the same meaning as in Annex II(A) to the 1970 Directive;

“regulated public service vehicle” means any public service vehicle to which these Regulations apply in accordance with regulation 3(1);

“scheduled service” means a service, using one or more public service vehicles, for the carriage of passengers at separate fares–

but does not include a tour service;

“seated passengers” means the number of seated passengers that a vehicle may carry in accordance with regulation 61 of the 1995 Regulations;

“standing passengers” means the number of standing passengers that a vehicle may carry in accordance with regulation 62 of the 1995 Regulations(5);

“tour service” means a service where a public service vehicle is used for or in conjunction with the carriage of passengers to a particular location, or particular locations, and back to their point of departure;

“type vehicle approval” means an approval given by the Department in accordance with Part IV;

“weight” means design weight as defined in regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(6) and the words “weighs” and “weighing” shall be construed accordingly;

And other expressions used in Schedules 1 to 3 have the meanings given to them respectively in paragraph 1 of those Schedules.

(2) For the purpose of these Regulations, the date on which a regulated public service vehicle is “first used” shall be taken to be such date as is the earlier of the relevant dates mentioned below applicable to that vehicle, that is to say–

(a)in the case of a vehicle registered under the Roads Act 1920(7), the Vehicles (Excise) Act 1949(8), the Vehicles (Excise) Act (Northern Ireland) 1954(9), the Vehicles (Excise) Act 1962(10), the Vehicles (Excise) Act 1971(11), the Vehicles (Excise) Act (Northern Ireland) 1972(12) or the Vehicle Excise and Registration Act 1994(13), the relevant date is the date on which it was first so registered; and

(b)in each of the following cases:

(i)a vehicle which is being or has been used under a trade licence within the meaning of section 11(1) of the Vehicle Excise and Registration Act 1994 (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement),

(ii)a vehicle belonging, or which has belonged, to the Crown which is or was used or appropriated for use for naval, military or air force purposes,

(iii)a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which (in each case) the Visiting Forces and International Headquarters (Application of Law) Order 1965(14) applies,

(iv)a vehicle which has been used on roads outside Northern Ireland and which has been imported into Northern Ireland, and

(v)a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;

the relevant date is the date of manufacture of the vehicle.

In case (v) above, “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring the vehicle solely for the purpose of resale or re-supply for valuable consideration.

(3) The Interpretation Act (Northern Ireland) 1954(15) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

PART IIAPPLICATION OF REGULATIONS, EXEMPTIONS AND RECOGNITION

Application

3.—(1) These Regulations apply to public service vehicles of the types described respectively in paragraphs (2) to (7) (a “regulated public service vehicle”) in the manner and to the extent set out in this Part.

(2) A single-deck bus which weighs more than 7.5 tonnes and is in use on or after 31st August 2003 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a single-deck bus which–

(a)is first used before that date; or

(b)is manufactured before 1st June 2003,

shall not require any certificate relating to Schedules 1 and 2 until 1st September 2018.

(3) A single-deck bus which weighs 7.5 tonnes or less and is in use on or after 31st August 2003 shall require a certificate referred to in paragraph (8) relating to Schedule 2, except that a single-deck bus which–

(a)is first used before that date; or

(b)is manufactured before 1st June 2003,

shall not require a certificate relating to Schedule 2 until 1st September 2017.

(4) Without prejudice to paragraph (3), a single-deck bus which weighs 7.5 tonnes or less and is in use on or after 1st September 2007 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck bus which–

(a)is first used before that date; or

(b)is manufactured before 1st June 2007,

shall not require a certificate relating to Schedule 1 until 1st September 2017.

(5) A double-deck bus which is in use on or after 31st August 2003 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a double-deck bus which–

(a)is first used before that date; or

(b)is manufactured before, 1st June 2003,

shall not require any certificate relating to Schedules 1 and 2 until 1st September 2019.

(6) A single-deck or double-deck coach which is in use on or after 31st August 2003 shall require a certificate referred to in paragraph (8) relating to Schedule 3, except that a single-deck or double-deck coach which–

(a)is first used before that date; or

(b)is manufactured before, 1st June 2003,

shall not require a certificate relating to Schedule 3 until 1st September 2022.

(7) Without prejudice to paragraph (6), a single-deck or double-deck coach which is in use on or after 1st September 2007 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck or double-deck coach which–

(a)is first used before that date; or

(b)is manufactured before 1st June 2007,

shall not require a certificate relating to Schedule 1 until 1st September 2022.

(8) The certificates referred to in paragraphs (2) to (7) are the certificates (and any other associated approval and declaration) issued in accordance with Parts III to VI and which, when so issued, signify the compliance and conformity of the vehicle concerned with the Schedules specified respectively in those paragraphs.

(9) In paragraphs (2) to (7)–

(a)“first used” is to be construed in accordance with regulation 2(2); and

(b)references to a vehicle being “used” or “in use” means the regulated public service vehicle is being used to provide a scheduled service.

Exemptions

4.—(1) The requirements specified in regulation 3 do not apply to a regulated public service vehicle which is–

(a)an off-road vehicle within the meaning of paragraph 4 of Annex II(A) to the 1970 Directive;

(b)used in accordance with section 10B of the Transport Act (Northern Ireland) 1967(16);

(c)used for the secure transport of persons (including prisoners);

(d)specifically designed for the carriage of injured or sick persons;

(e)used by or for purposes of a Minister of the Crown or government department or in the service of a visiting force or headquarters; or

(f)a vehicle in respect of which twenty years have elapsed since the date of its first use on a road and which is not used to provide a scheduled service for more than 20 days in any calendar year.

(2) The requirements of the Schedules specified in paragraph (3) shall not come into effect in relation to any regulated public service vehicle to which those Schedules may apply until 1st September 2006; and, accordingly, any certificate, approval or declaration issued, given or made in accordance with Parts III to VI shall be valid notwithstanding that the vehicle does not comply with those requirements.

(3) The requirements referred to in paragraph (2) are those specified in–

(a)paragraph 5(3)(b) to (e) of Schedule 1 (boarding lifts and ramps); and

(b)paragraphs 7(3)(c) and 4(c) of Schedule 3 (to the extent that they apply to a route number display and destination display fitted in accordance with paragraph 7(1)(b) of that Schedule).

Recognition of EEA equivalent requirements

5.  Where there is produced to the Department evidence that satisfies it that a regulated public service vehicle has been found by the competent authority of another EEA State to conform with requirements that are equivalent to all, or some of the requirements prescribed for that vehicle under these Regulations, that vehicle shall, by virtue of that evidence, be regarded as conforming with those (and only those) requirements for the purposes of these Regulations.

PART IIIACCESSIBILITY CERTIFICATES

Introductory

6.  This Part has effect with respect to the issue by a vehicle examiner in respect of a particular regulated public service vehicle under section 41(1)(a) of the Act of a certificate that such provisions of these Regulations as relate to that vehicle are satisifed in respect of it, and in this Part, Part VII and Schedule 4 the certificate so issued is referred to as an “accessibility certificate”.

Applications and fees for accessibility certificates

7.—(1) Every application for an accessibility certificate shall be made to the Department in writing.

(2) The prescribed fee for an application for an accessibility certificate–

(a)on the first application in respect of the vehicle–

(i)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £28·00, or

(ii)where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £55·00; and

(b)on any subsequent application–

(i)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £10·00, or

(ii)where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £20·00.

Accessibility certificate

8.  An accessibility certificate shall contain the information set out in Schedule 4.

PART IVAPPROVAL OF A VEHICLE AS A TYPE VEHICLE

Introductory

9.  This Part has effect with respect to the approval by the Department under section 42(1) of the Act of a particular regulated public service vehicle as satisfying the provisions of these Regulations, and in this Part and in Part V and Schedules 5 and 6 a vehicle which has been so approved is referred to as a “type vehicle” and an approval so given (which may be in such form as the Department may determine) is referred to as a “type vehicle approval”.

Applications for type vehicle approval

10.—(1) Every application for the approval of a vehicle as a type vehicle shall be made to the Department in writing.

(2) Where the applicant represents that the vehicle in respect of which the application is made–

(a)conforms substantially to a vehicle already approved as a type vehicle; or

(b)has a chassis which conforms to the chassis of a vehicle which has already been approved as a type vehicle; or

(c)has a body which conforms to the body of a vehicle which has already been approved as a type vehicle,

the application may, with the approval of the Department, be made by way of reference to such type vehicle.

(3) Where the applicant represents that the vehicle in respect of which the application is made has a chassis and a body which have formed parts of different vehicles which have already been approved as type vehicles, the application may, with the approval of the Department, be made by way of reference to such type vehicles.

(4) Every application mentioned in paragraphs (1) to (3) shall be accompanied by two sets of such working drawings and such detailed specifications and calculations as the Department may require, and the applicant shall, in respect of every such application, give the Department the facility to inspect and test the vehicle.

Copies of drawings and specifications

11.  On being given a type vehicle approval, the person who applied for it shall supply to the Department such number of copies of the relevant working drawings, specifications and calculations as the Department may require.

Fees for approval as a type vehicle

12.—(1) The prescribed fees for the approval of a vehicle as a type vehicle are as follows.

(2) Subject to paragraphs (3) and (4), for an application made on the basis of a representation under each of sub-paragraphs (a) to (c) of regulation 10(2), the prescribed fee–

(a)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £160·00; or

(b)where a regulated public service vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £320·00.

(3) This paragraph applies where–

(a)an approval is given pursuant to an application made on the basis of a representation only under sub-paragraph (a) of regulation 10(2); and

(b)the Department is satisfied that the vehicle in respect of which the application is made conforms (except in unimportant details) to a vehicle already approved as a type vehicle; and

(c)no inspection of the vehicle is made.

(4) Where paragraph (3) applies, the prescribed fee–

(a)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £15·00; or

(b)where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £30·00.

(5) For an approval given pursuant to an application under regulation 10(3), the prescribed fee–

(a)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £79·00; or

(b)where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £ 158·00.

(6) In any other case, the prescribed fee–

(a)where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £350·00; or

(b)where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £690·00.

(7) Where approval is refused, the Department may retain such portion of any fee as it considers appropriate for the work it has carried out inspecting the vehicle concerned.

PART VDECLARATIONS OF CONFORMITY TO A TYPE VEHICLE

Introductory

13.  This Part applies with respect to the making by an authorised person (being a person authorised by the Department for the purposes of section 42(3) of the Act) of a declaration under that section that a particular regulated public service vehicle conforms in design, construction and equipment with a type vehicle, and in this Part and in Schedule 5 a declaration so made is referred to as a “declaration of conformity”.

Form of declaration of conformity

14.  A declaration of conformity shall be made in the form set out in Schedule 5.

PART VICONFORMITY CERTIFICATES

Introductory

15.  This Part has effect with respect to the issue by a vehicle examiner of a certificate under section 42(4) of the Act that a declaration of conformity has been issued in respect of a regulated public service vehicle, and a certificate so issued is referred to in this Part and in Part VII and Schedule 6 as a “conformity certificate”.

Form of conformity certificate

16.  A conformity certificate shall be issued in the form set out in Schedule 6.

Fee for conformity certificate

17.  The prescribed fee for a conformity certificate is £15·00.

PART VIIMISCELLANEOUS

Issue of duplicate documentation

18.—(1) If an accessibility certificate or a conformity certificate has been lost or destroyed, the owner of the vehicle to which it relates shall forthwith notify the Department and the Department, if satisfied that the certificate has been lost or destroyed, may issue a copy of the certificate marked as a duplicate.

(2) If a certificate referred to in paragraph (1) subsequently comes into the possession of the owner of the vehicle he shall forthwith return it to the Department.

(3) If an accessibility certificate or a conformity certificate becomes defaced or illegible, the owner of the vehicle to which it relates shall return it to the Department and the Department may issue a copy of the certificate marked as a duplicate.

(4) A copy of a certificate issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the original certificate.

(5) The prescribed fee for the issue of a copy of a certificate under this regulation is £10·00.

Reviews and appeals

19.—(1) This regulation applies where the Department refuses to issue a type vehicle approval under section 42(1) of the Act and where a vehicle examiner refuses to issue an accessibility certificate under section 41(1)(a) of the Act or a conformity certificate under section 42(4) of the Act.

(2) Every request for a review made under section 44(1)(b) of the Act–

(a)shall be made in writing to the Department; and

(b)shall be accompanied by a statement of the grounds of the review.

(3) For the purposes of section 44(1)(b) of the Act, the prescribed time for requesting a review or for making an appeal is 28 days from the date when the Department refuses an application for the approval of a vehicle under section 42(1) of the Act.

(4) Every appeal under section 44(3) of the Act–

(a)shall be made in writing to the Department; and

(b)shall be accompanied by a statement of the grounds of the appeal.

(5) For the purposes of section 44(4) of the Act, the prescribed period for making an appeal is 28 days from the date when a vehicle examiner refuses to issue an accessibility certificate or a conformity certificate.