Speed limiters fitted to buses and coaches42

1

Subject to paragraph (11) this regulation applies to every bus and coach which –

a

has a maximum gross weight exceeding 10 tonnes;

b

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h; and

c

was first used on or after 1st January 1988,

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 paragraph (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

a

is first used on or after 20th June 2005;

b

has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

c

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,

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.

3

Subject to paragraphs (6) and (11) this regulation also applies to every bus which –

a

is first used on or after 20th June 2005;

b

has a maximum gross weight not exceeding 5 tonnes; and

c

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,

and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

4

Subject to paragraphs (5) and (11) this regulation also applies to every bus and coach, not being a bus or coach to which paragraph (1) applies, which –

a

was first used on or after 1st October 2001 and before 20th June 2005;

b

complies with the limit values set out in Council Directive 88/77/EEC5 as amended by amendments up to and including those effected by Commission Directive 2001/27/EC6;

c

has a maximum gross weight not exceeding 10 tonnes; and

d

has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h,

and a reference in this regulation to a paragraph (4) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

5

This regulation shall apply –

a

on or after 20th June 2006 in the case of a paragraph (4) vehicle used for both national and international transport operations; and

b

on or after 20th June 2007 for a paragraph (4) vehicle used solely for national transport operations.

6

This regulation shall apply on or after 20th June 2008 in the case of a paragraph (3) vehicle used solely for national transport operations.

7

Subject to paragraphs (8) and (12) every vehicle to which this regulation applies shall be fitted with a speed limiter which must –

a

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

b

be maintained in good and efficient working order; and

c

be set so that the speed of the vehicle cannot exceed 100 km/h.

8

A speed limiter fitted to a paragraph (1) vehicle which is first used before 20th June 2005 may be set at a maximum speed of 100km/h.

9

Subject to paragraph (13) a speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with –

a

Part 1 of the British Standard; or

b

the Annexes to Community Directive 92/24, as amended by Directive 2004/11/EC of the European Parliament and of the Council7.

10

A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

11

This regulation does not apply to a vehicle –

a

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

b

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

c

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

d

which 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

f

if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.

12

Paragraph (7) shall have effect in relation to –

a

a speed limiter fitted before 1st January 1995 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.

13

Paragraph (9) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

14

In this regulation –

• “authorised sealer” means a person authorised by the Department in accordance with Schedule 3 of these Regulations, or by the Secretary of State for Transport in accordance with Schedule 3B of the Road Vehicles (Construction and Use) Regulations 19868.

• “equivalent standard” means –

  1. i

     a standard or code of practice of a national standards body or equivalent body of any EEA State, or

  2. ii

     any international standard recognised for use as a standard by any EEA State, or

  3. iii

     a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

  where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

• “international transport operations” means transport operations outside the United Kingdom;

• “national transport operations” means transport operations within the United Kingdom;

• “Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS/AU 217: Part 1: 1987 and which came into effect on 28th May 1987; as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988;

• “speed limiter” 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; and

• “transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.

Speed limiters fitted to goods vehicles43

1

Subject to paragraph (9) this regulation applies to every goods vehicle which –

a

has a maximum gross weight exceeding 12,000 kg;

b

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

c

has, or if a speed limiter were not fitted would have, a relevant speed exceeding 90 km/h,

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 (9) this regulation also applies to every goods vehicle which –

a

has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

b

is first used on or after 20th June 2005; and

c

has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h,

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.

3

Subject to paragraphs (4) and (9) this regulation also applies to every goods vehicle which –

a

has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

b

was first used on or after 1st October 2001 and before 20th June 2005;

c

complies with the limit values set out in Directive 88/77/EEC as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;

d

has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h,

and a reference in this regulation to a paragraph (3) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

4

This regulation shall apply –

a

on or after 20th June 2006 in the case of a paragraph (3) vehicle used for both national and international transport operations; and

b

on or after 20th June 2007 in the case of a paragraph (3) vehicle used solely for national transport operations.

5

This regulation shall apply on or after 20th June 2008 in the case of a paragraph (2) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations.

6

Every vehicle to which this regulation applies shall be fitted with a speed limiter which must –

a

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

b

be maintained in good and efficient working order; and

c

be set so that the stabilised speed of the vehicle must not exceed 90 km/h.

7

Subject to paragraph (11) a speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with –

a

Part 1 of the British Standard; or

b

the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

8

A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

9

This regulation does not apply to a vehicle –

a

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

b

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

f

if and so long as it is exempt from vehicle excise duty by section 5 of and Schedule 2 to the 1994 Act.

10

Paragraph (6)(a) shall have effect in relation to –

a

a speed limiter fitted before 1st January 1995 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.

11

Paragraph (7) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

12

In this regulation –

• “authorised sealer”, “Part 1 of the British Standard”, “equivalent standard” and “speed limiter” have the same meanings as in regulation 42;

• “international transport operations” means transport operations outside the United Kingdom;

• “national transport operations” means transport operations within the United Kingdom;

• “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;

• “stabilised speed” means the mean speed of a vehicle when its speed is under the control of a speed limiter and stable speed control has been achieved; and

• “transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.