Amendment of regulation 36A (speed limiters)3
1
Regulation 36A shall be amended as follows.
2
After paragraph (2), there shall be added the following paragraphs—
2A
Subject to paragraph (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—
a
is first used on or after 1st January 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 (2A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
2B
Subject to paragraphs (2E) and (13), this regulation also applies to every bus which—
a
is first used on or after 1st January 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 (2B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
2C
Subject to paragraphs (2D) and (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—
a
was first used on or after 1st October 2001 and before 1st January 2005;
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 (2C) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
2D
This regulation shall apply—
a
on or after 1st January 2006 in the case of a paragraph (2C) vehicle used for both national and international transport operations; and
b
on or after 1st January 2007 in the case of a paragraph (2C) vehicle used solely for national transport operations.
2E
This regulation shall apply on or after 1st January 2008 in the case of a paragraph (2B) vehicle used solely for national transport operations.
3
For paragraph (7) there shall be substituted the following paragraph—
7
Subject to paragraph (7A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle, a paragraph (2A) vehicle, a paragraph (2B) vehicle or a paragraph 2(C) vehicle, must be set so that the speed of the vehicle cannot exceed 100 km/h.
4
After paragraph 7, there shall be added the following paragraph—
7A
A speed limiter fitted to a paragraph (2) vehicle which is first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes, may be set at a maximum speed of 100 km/h.
5
In paragraph (8)(b), after the words “Community Directive 92/24” there shall be added “as amended by Directive 2004/11/EC of the European Parliament and of the Council4”.
6
In paragraph (9)—
a
after the words “a paragraph (2) vehicle” there shall be added “, a paragraph (2A) vehicle, a paragraph (2B) vehicle and a paragraph (2C) vehicle”; and
b
after the words “Community Directive 92/24” there shall be added “as amended by Directive 2004/11/EC of the European Parliament and of the Council”.
7
In paragraph (14), in the appropriate alphabetical position the following definitions shall be added—
“international transport operations” means transport operations outside the United Kingdom;
“national transport operations” means transport operations within the United Kingdom;
“transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.