The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989

• Citation: S.I. 1989/1865
• Sections: 9

Section 1 Citation, commencement and introduction

These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989 and shall come into force on 8th November 1989.

Section 2 Citation, commencement and introduction

(1) The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.

(2) The Secretary of State is satisfied that—

(a) it is requisite that the provisions of regulations 4 to 9 shall apply as from8th November 1989 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and

(b) notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

Section 3 Amendments relating to Interpretation

In the Table in paragraph (2) of regulation 3—

(a) the meaning specified in column 2 for the expression “Community Directive, followed by a number” shall be amended by the substitution for the words “the reference to it means” of the words “the reference to the amending Directive includes a reference to”; and

(b) the meaning specified in column 2 for the expression “the Community Recording Equipment Regulation” shall be substituted by the following—

Council Regulation (EEC) 3821/85 of 20th December 1985 on recording equipment in road transport , as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986

Section 4 Amendment relating to compliance with Community Directives and ECE Regulations

In regulation 6(2) the word “or” immediately following sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be added the following words—

; or

a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;

Section 5 Amendments relating to noise limits—motor cycles

In regulation 55(6) for “57(2)(a)” there shall be substituted “57(1A)(a)”.

Section 6 Amendments relating to noise limits—motor cycles

In regulation 57—

(a) for paragraphs (1) and (2) and the Table in paragraph (2) there shall be substituted—

(1) Save as provided in regulation 59, the requirements specified in paragraph (1A) apply to every motor vehicle first used on or after 1st April 1983 but not later than 31st March 1991 which is—

(a) a moped; or

(b) a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(1A) The requirements referred to in paragraph (1) are that—

(a) the vehicle shall be so constructed that its sound level does not exceed the relevant limit specified in column 2 of item 1 or 2 of the Table when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6); and

(b) the device designed to reduce the exhaust noise meets the requirements specified in column 5.

TABLE

(1B) Instead of complying with paragraph (1), a vehicle referred to in paragraph (1)(b) may comply at the time of its first use with Community Directive 78/1015 or 87/56.

(2) Save as provided in regulation 59, the requirements specified in paragraph (2A) apply to every motor vehicle first used on or after 1st April 1991 which is—

(a) a moped; or

(b) a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(2A) The requirements referred to in paragraph (2) are those mentioned in paragraph (1A) save that for the reference to item 1 or 2 of the Table there is substituted a reference to item 2 of the Table.

(2B) Instead of complying with paragraph (2), a vehicle referred to in paragraph (2)(b) may comply at the time of its first use with Community Directive 87/56.

(b) paragraph (5) shall be omitted.

Section 7 Amendments relating to noise limits—motor cycles

In regulation 58(2)(d) for “regulation 57(2)” there shall be substituted “regulation 57(1A) and (2A)”.

Section 8 Amendments relating to noise limits—motor cycles

In regulation 59 for “57(2)” there shall be substituted “57(1A) and (2A)”.

Section 9 Amendments relating to noise limits—motor cycles

In Table 1 of Schedule 2 after item 51 there shall be added the following item—