The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2009

Amendment to regulation 38

2.—(1) Regulation 38 of the principal Regulations(1) (mirrors and other devices for indirect vision) is amended as follows.

(2) In paragraph (1), for “paragraphs (5) and (6)”, substitute “paragraphs (5) to (6H)”.

(3) After paragraph (6) insert—

“(6A) The requirements set out in paragraph (1) and the Table are modified as set out in paragraphs (6C) and (6D) in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of that vehicle.

(6B) The alternative requirements set out in paragraph (5) do not apply in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of the vehicle.

(6C) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 3 of the Table shall instead meet the requirements set out in item 4 which are applicable to a vehicle of the same maximum gross weight.

(6D) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 5 of the Table shall instead meet the requirements set out in item 6.

(6E) For the purposes of paragraphs (6C) and (6D)—

(a)the words “and other devices for indirect vision” are omitted from item 4; and

(b)the words “or other devices for indirect vision” are omitted from items 4 and 6.

(6F) A relevant vehicle does not have to comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle) in the circumstances set out in paragraph (6G) or (6H).

(6G) The first set of circumstances is where the vehicle is equipped in the manner described in article 3(2) of Community Directive 2007/38.

(6H) The second set of circumstances is where the vehicle cannot, for want of available, economically viable, technical solutions—

(a)comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle); or

(b)be equipped in the manner described in article 3(2) of Community Directive 2007/38,

but is equipped in the manner described in article 3(3) of Community Directive 2007/38.”.

(4) After paragraph (7)(d) insert—

“(e)“class IV” and “class V”, in relation to mirrors, have the meanings given in point 1.1.1.14 of Annex I to Community Directive 2003/97(2); and

(f)“a relevant vehicle” means a vehicle which—

(i)would be a goods vehicle of a class referred to in column 2 of item 4 or 6 of the Table if “1^st January 2000” were substituted for “26^th January 2007”; and

(ii)is not outside the scope of Community Directive 2007/38 by virtue of article 2(2)(b) or (c) of that Directive.”.

(5) After paragraph (8) insert—

“(9) Where a provision is applied by paragraph (6C) or (6D) to a vehicle which was first used on or after 1^st January 2000, that provision applies to the vehicle whatever the date of manufacture of the vehicle, and regulation 4(2) is disapplied accordingly.”.