The Road Vehicles (Construction and Use) Regulations 1986

[F136B.—(1) Subject to paragraphs (5) and (14), this regulation applies to every motor vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c)is first used on or after 1st August 1992; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; 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 (14), this regulation also applies to every vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 12,000 kg;

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

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 56 mph; 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 paragraph (14), this regulation also applies—

(a)until 1st January 1995, to every motor vehicle (not being a vehicle which is used exclusively for transport operations within the United Kingdom) which satisfies the requirements of paragraph (4); and

(b)until 1st January 1996, to every motor vehicle which is used exclusively for transport operations within the United Kingdom and satisfies the requirements of that paragraph; 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) A vehicle satisfies the requirements of this paragraph if it—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 16,000 kg;

(c)is either—

(i)a vehicle that is constructed or adapted to form part of an articulated vehicle, or

(ii)a rigid vehicle that is constructed or adapted to draw a trailer and has a maximum gross trailer weight which exceeds, 5,000 kg;

(d)is first used on or after 1st January 1988 and before 1st August 1992; and

(e)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph.

(5) Until 1st January 1996, in relation to vehicles used exclusively for transport operations in the United Kingdom, or 1st January 1995, in relation to other vehicles,—

(a)paragraph (1) shall have effect as if for sub-paragraph (b) there were substituted the following sub-paragraph—

“(b)is either—

(i)a vehicle which is first used before 1st January 1994 and has a maximum gross weight exceeding 7,500 kg; or

(ii)a vehicle which is first used on or after that date and has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;”; and

(b)paragraph (2) shall have effect as if for the words “1st January 1988” there were substituted the words “1st January 1994”.

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

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

(b)be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle or a paragraph (3) vehicle must be calibrated to a set speed not exceeding 60 mph.

(9) The requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be so adjusted that the stabilised speed of the vehicle does not exceed 56 mph.

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date or a speed limiter fitted at any time to a paragraph (3) vehicle must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24.

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24.

(12) Paragraph (7)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st August 1992 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 (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

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

(b)which is 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 7(1) of the Vehicles (Excise) Act 1971.

(15) In this regulation“equivalent standard”, “Part 1 of the British Standard”, “set speed”, “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A; and “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.

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a)in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b)in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c)in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by [F2Schedule 10 or 10B]) or in column (4) of the plate (where the plate is in the form required by [F2Schedule 10A or 10C]).]