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;

b

complies with the limit values set out in Council Directive 88/77/EEC3;

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.