S.I. No. 831/2005 - European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005

STATUTORY INSTRUMENTS

S.I. NO. 831 of 2005

EUROPEAN COMMUNITIES (INSTALLATION AND USE OF SPEED LIMITATION DEVICES IN MOTOR VEHICLES) REGULATIONS 2005

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 92/6/EEC of 10 February 1992¹ , Council Directive 92/24/EEC of 31 March 1992² , Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002³ and Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004⁴ , hereby make the following regulations:

1.                    These Regulations may be cited as the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005.

2.        (1)        In these Regulations -

“articulated vehicle” means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“authorised sealer” has the meaning assigned to it by article 2 of the European Communities (Speed Limitation Devices) Regulations 1993 ( S.I. No. 300 of 1993 );

“design gross weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“first registered” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State;

“goods vehicle” means a mechanically propelled vehicle, or an articulated vehicle, constructed or adapted primarily for the conveyance of goods or burden of any description;

“mechanically propelled vehicle” has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

“Member State” means a Member State of the European Communities;

“motor dealer” means a person supplying in the course of business or trade -

(a)          a vehicle fitted with a speed limitation device or speed limitation on-board system,

(b)          a speed limitation device, or

(c)          a speed limitation on-board system;

“speed limitation device” 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;

“passenger vehicle” means a vehicle having seating accommodation for more than 8 persons exclusive of the driver;

“type approval Directive” means Council Directive 92/24/EEC of 31 March 1992² , as amended by Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004⁴ ;

“vehicle” means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour.

(2)          In these Regulations -

(a)          a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended and

(b)         a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3.           (1)          Subject to paragraph (2), these Regulations apply to vehicles of the classes specified in column (2) of the Schedule at any reference number.

(2)          These Regulations do not apply to -

(a)          goods vehicles which by reason of their construction are incapable of being driven at a speed exceeding 90 kilometres per hour,

(b)          passenger vehicles which by reason of their construction are incapable of being driven at a speed exceeding 100 kilometres per hour,

(c)          vehicles which are used for official purposes by the Defence Forces, Garda Síochána Civil Defence, Fire Services or other emergency services,

(d)          vehicles which are used for scientific tests for which permits under Regulation 60 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 have been issued, or

(e)          vehicles of a class specified in column (2) of the Schedule at any reference number in column (1) which were first registered prior to the date specified in column (5) opposite that reference number.

4.           (1)          Subject to paragraph (2), a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) shall, when used in a public place, be equipped with a speed limitation device set in such a way that the speed of the vehicle cannot exceed the speed specified in kilometres per hour in column (3) opposite that reference number.

(2)          Subject to paragraph (3), this Regulation applies to a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) which was first registered on or after the date specified in column (4) opposite that reference number.

(3)          This Regulation applies to a vehicle of a class specified in column (2) of the Schedule -

(a)          at reference numbers 1 and 4 in column (1) which was first registered at any time in the period specified in column (6) opposite either reference number from the date specified in -

(i)           column (7) opposite that reference number, in the case of a vehicle used exclusively for journeys in the State, or

(ii)          column (8) opposite that reference number, in the case of a vehicle used for international journeys, or

(b)          at reference numbers 2, 3, 5 and 6 in column (1) complying with the limit values set out in Council Directive 88/77/EEC of 3 December 1987⁵ which was first registered at any time in the period specified in column (6) opposite any of those reference numbers from the date specified in -

(i)           column (7) opposite that reference number, in the case of a vehicle used exclusively for journeys in the State, and

(ii)          column (8) opposite that reference number, in the case of a vehicle used for international journeys.

(4)          A vehicle of a class specified in column (2) of the Schedule at reference number 1 which was first registered prior to 1 January 2005 must be equipped with a speed limitation device either -

(a)          set in such a way that the speed of the vehicle cannot exceed 100 kilometres per hour,

or

(b)          on which the maximum speed is set at 100 kilometres per hour.

(5)          A speed limitation device fitted to a vehicle shall comply with the requirements of Regulation 5.

(6)         (a)          A person who contravenes this Regulation is guilty of an offence.

(b)         Where a person who contravenes this Regulation is not the owner of the vehicle, the owner is also guilty of an offence.

5.          (1)          Subject to paragraph (2), in the case of a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) to which Regulation 4 applies (other than a vehicle of a class at reference numbers 1 and 4 which was first registered prior to 1 October 1994), the speed limitation device in such vehicles shall -

(a)          be such and so maintained as to comply with the requirements for such devices set out in point 7 of Annex I to the type approval Directive,

(b)          conform to a type of speed limitation device which has been granted EC type approval pursuant to the type approval Directive, and

(c)          have affixed to it the international approval mark referred to in point 6 of Annex I to the type approval Directive.

(2)          In the case of a vehicle of a class specified in column (2) of the Schedule at reference numbers 1 and 4 in column (1) to which Regulation 4 applies which was first registered prior to 1 October 1994, the speed limitation device in such vehicles shall -

(a)          be such and so maintained as to comply with the requirements for such devices set out in point 7 of Annex I to the type approval Directive,

(b)          conform to a type of speed limitation device which has been granted EC type approval pursuant to the type approval Directive or national-type approval by the type approval authority of a Member State, and

(c)          have affixed to it a national approval mark or the international approval mark referred to in point 6 of Annex I to the type approval Directive.

(3)          The requirement of point 7.2.3 of Annex I to the type approval Directive with regard to the display of a plate in a conspicuous position in the driver's compartment of a vehicle to which Regulation 4 applies shall be complied with only if the plate referred to in that point shows clearly and indelibly -

(a)          the words “speed limiter fitted”,

(b)          details of the type approval authority and the national or international approval mark,

(c)          the type approval number,

(d)          the name of the authorised sealer and the code number assigned to the authorised sealer by the approved body,

(e)          the set speed, expressed in kilometres per hour, at which the speed limitation device has been set,

(f)          tyre size on the drive axle or axles,

(g)          the date on which the speed limitation device was most recently sealed, and

(h)          the vehicle registration number or, in the case of an unregistered vehicle, the chassis number.

6.          The requirements of Regulation 4 shall be complied with only if -

(a)          the speed limitation device has been sealed by an authorised sealer and the seals are intact, or

(b)          the vehicle has been fitted during the manufacturing process -

(i)          with a speed limitation device approved pursuant to the type approval Directive,

and

(ii)          the device has been sealed by the manufacturer and the seals are intact.

7.          (1)          Subject to paragraph (2), a motor dealer shall not supply -

(a)          a vehicle of a class specified in column (2) of the Schedule at any reference number in column (1) which has not been registered or which is first registered on or after the making of these Regulations, fitted with a speed limitation device or speed limitation on-board system,

(b)          a speed limitation device, or

(c)          a speed limitation on-board system,

which is not approved pursuant to the type approval Directive.

(2)          This Regulation does not apply to vehicles referred to in Regulation 3 (2).

(3)          A person who contravenes this Regulation is guilty of an offence.

8.           (1)          A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months or to both.

(2)          Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Schedule

Explanatory Note

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Directive 92/6/EEC as amended by Directive 2002/85/EC relating to the installation and use of speed limitation devices in certain motor vehicles. Specifically, the Regulations provide that goods vehicles over 3.5 tonne design gross vehicle weight and passenger vehicles having more than 8 passenger seats must be fitted with speed limitation devices so that their speed may not exceed 90 km/h and 100 km/h respectively.

¹ OJ No. L57, 2.3.1992, p27.

² OJ No. L129, 14.5.1992, p154.

³ OJ No. L327, 4.12.2002, p8.

⁴ OJ No. L44, 14.2.2004, p19.

² OJ No. L129, 14.5.1992, p154.

⁴ OJ No. L44, 14.2.2004, p19.

⁵ OJ No.L36, 9.2.1988, p33.