ROAD TRAFFIC AND VEHICLES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 3) Regulations (Northern Ireland) 2004 and shall come into operation on 21st May 2004. 2 In these Regulations “the principal Regulations ” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 . Amendment to regulation 2 (interpretation) 2 In regulation 2(1) of the principal Regulations – a after the definition of “agricultural trailed appliance conveyor” there shall be inserted – “anti-lock braking system (“ ABS ”)” means a part of a service braking system which automatically controls the degree of slip, in the direction of rotation of the wheel or wheels, on one or more wheels of the vehicle during braking; ; and b after the definition of “industrial tractor” there shall be inserted – “ ISO ” means International Organisation for Standardisation; “ISO 7638 connector” means an electrical connector that complies with standard ISO 7638: 1997-1 or ISO 7638: 1997-2 and is used to provide a dedicated power supply and a communication link between the tow vehicle and trailer; . Amendment to regulation 3 (application and exemptions) 3 In regulation 3 of the principal Regulations the following items shall be added to the Table after item 7 – 8 A public works vehicle which has a maximum design weight not exceeding 7,500 kg and is specifically designed for use and used solely for the purpose of street cleansing. Regulation 20(5A) and (l2A) in respect of the requirements in Community Directive 98/12/ EC and ECE Regulation 13.09 which require the fitting of ABS to goods vehicles over 3,500 kg in weight. 9 A vehicle being used by the Police Service of Northern Ireland which has been authorised by the Chief Constable to perform accident reconstruction duties. Regulation 20(5A) and (12A) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which prohibit the use of an isolation switch for the operation of ABS. . Amendment to regulation 20 (braking systems of certain vehicles first used on or after 1st April 1983) 4 1 Regulation 20 of the principal Regulations shall be amended in accordance with paragraphs (2) to (12). 2 After paragraph (5) there shall be inserted the following – 5A Save as provided in paragraphs (6), (7), (8), (12) and (12A) the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 21st May 2004 or which, in the case of a trailer, is manufactured on or after 21st May 2004 shall comply with the construction, fitting and performance requirements of Annexes I, II , and VII to Community Directive 98/12/EC and if relevant, Annexes III , IV , V, VI , VIII , X, XI , XII , XIII and XIV to that Directive in relation to the category of vehicles specified in that item in column 3. Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 21st May 2004 or which, in the case of a trailer, was manufactured before 21st May 2004 to comply with the said requirements instead of complying with paragraphs (1), (2), (4) or (5) or with regulations 21 and 22. . 3 In paragraph (6), for “(4) and (5)” there shall be substituted “(4), (5) and (5A)”. 4 In paragraph (7) – a in the first line for “(4) and (5)” there shall be substituted “(4), (5) and (5A)”; b in sub-paragraph (a) – i for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”, and ii in head (ii), for “85/647 or 88/194” there shall be substituted “85/647, 88/194, 91/422 or 98/12”; c in sub-paragraph (b) – i in head (i), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”, and ii in head (iii), for “88/194, or 91/422” there shall be substituted “88/194, 91/422 or 98/12”; and d in sub-paragraph (d), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”. 5 In paragraph (8), for “paragraph (2)” there shall be substituted “paragraphs (2), (4), (5) and (5A)”. 6 In paragraph (9) – a for “paragraph (5)” there shall be substituted “paragraph (5) or (5A)”; and b in sub-paragraph (a), after “Directive 91/422” there shall be inserted “or Community Directive 98/12”. 7 In paragraph (10), for “13.04 or 13.05” there shall be substituted “13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”. 8 In paragraph (11), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”. 9 In paragraph (12)(b) for “13.06” there shall be substituted “13.06, 13.07, 13.08 or 13.09”. 10 After paragraph (12) there shall be inserted – 12A Instead of complying with paragraph (5A), a vehicle to which this regulation applies may comply with ECE Regulation 13.09. . 11 In paragraph (13), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”. 12 After paragraph (13) there shall be inserted – 14 For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed. . Amendment to regulation 21 (braking systems of vehicles to which regulation 20 does not apply) 5 1 Regulation 21 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3). 2 For paragraph (2) there shall be substituted – 2 This regulation does not apply to a vehicle which complies with regulation 20 by virtue of the proviso to regulation 20(1), (2), (4), (5) or (5A) or which complies with Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09. . 3 In the Table after paragraph (6) the following entry shall be inserted – 5. Vehicles with 3 wheels (excluding two-wheeled vehicles with a sidecar attached) and with – an engine capacity exceeding 50 cc, or a maximum design speed exceeding 50 km/h. L5 . Amendment to regulation 22 (vacuum or pressure brake warning devices) 6 In regulation 22 of the principal Regulations, for paragraph (2)(a) there shall be substituted – a a vehicle to which paragraph (1), (2), (4), (5) or (5A) of regulation 20 applies, or which complies with the requirements of that regulation, of Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or of ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09; . Amendment to regulation 23 (couplings on trailer pneumatic braking systems) 7 1 Regulation 23 of the principal Regulations shall be amended in accordance with paragraphs (2) to (8). 2 In paragraph (1) – a for the definition of “ BS coupling” there shall be substituted – “BS coupling” means a coupling which – is of the type shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; and complies with the dimensions shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; . b in the definition of “the British Standard specification” after “BS AU 138a: 1980” there shall be inserted “or BS AU 138b: 2000”. 3 For paragraph (3)(a) there shall be substituted – a is of the type shown in figure 2 of the British Standard specification BS AU 138a: 1980 or figure 4 of the British Standard specification BS AU 138b: 2000; . 4 For paragraph (4)(a) there shall be substituted – a is of the type shown in figure 3 of the British Standard specification BS AU 138a: 1980 or figure 5 of the British Standard specification BS AU 138b: 2000; . 5 For paragraph (5)(a) there shall be substituted – a is of the type shown in figure 6 of the British Standard specification BS AU 138a: 1980 or figure 6 of the British Standard specification BS AU 138b: 2000; . 6 For paragraph (7) there shall be substituted – 7 Paragraph (3) does not prevent a service line being equipped with a relevant coupling which fulfils the requirements of – a a standard or code of practice of a national standards body or equivalent body of any EEA State; b any international standard recognised for use as a standard by any EEA State; or c a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State, where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with BS couplings of the type shown in figure 1 of the British Standard specification BS AU 138a: 1980 or figure 1 of the British Standard specification BS AU 138b: 2000 equivalent to that provided by those specifications as modified in accordance with paragraph (6). . 7 For paragraph (8) there shall be substituted – 8 Paragraph (7) shall have effect – a in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 4” and “figure 2” respectively; and b in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 5” and “figure 3” respectively. . Amendment to regulation 24 (maintenance and efficiency of brakes) 8 1 Regulation 24 of the principal Regulations shall be amended in accordance with paragraphs (2) to (4). 2 After paragraph (3) there shall be inserted – 3A Where a goods vehicle of category N 2 or N 3 is being used to tow a trailer of category O 3 or O 4 and both vehicles are fitted with an ISO 7638 connector to provide a dedicated power supply to the ABS, then these connectors shall be used regardless of any alternative method available on the vehicles to provide such power. . 3 In item 1 of Table I for the words “Community Directive 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted – Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 . 4 In paragraph (13) for the words “Community Directive 79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted – Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 Amendment to regulation 74A (emission of smoke, vapour, gases, oily substances etc. – further requirements for certain motor vehicles first used on or after 28th February 2003) 9 In the Table in regulation 74A of the principal Regulations – a in column (3) of item 1, after “1999/102/EC” there shall be inserted “2001/1/EC”; b in column (3) of item 2, after “1999/96/EC” there shall be inserted “2001/27/EC”. Amendment to Schedule 1 (Community Directives and ECE Regulations) 10 1 Schedule l to the principal Regulations shall be amended in accordance with paragraphs (2) and (3). 2 In Table I – a after item 91 there shall be inserted the following item – 91A. 98/12 27.1.98 L81, 18.3.98, p. 1 The braking devices of certain vehicles and their trailers 71/320 as amended by 74/132, 75/524, 79/489, 85/647, 88/184, 91/422 and 98/12 ; b after item 94 there shall be added the following items – 95. 2001/1 22.01. 2001 L35, 6.2.2001, p. 34 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/491, 91/441, 93/59, 94/12, 96/44, 96/69, 98/69 and 1999/102 96. 2001/27 10.04. 2001 L107, 18.4.2001 p. 10 Measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles 88/77 as amended by 91/542 and 1999/96 . 3 In Table II, after item 7 there shall be inserted the following items – 7A. 13.08 13 29.5.69 Brakes 26.3.95 – 7B. 13.09 13 29.5.69 Brakes 28.8.96 – . Amendment to Schedule 2 (braking requirements) 11 1 Schedule 2 to the principal Regulations shall be amended in accordance with paragraphs (2) and (3). 2 In item 4 in the Table, for the words “79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”. 3 In item 6 in the Table, for the words “79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”. Sealed with the Official Seal of the Department of the Environment on 26th February 2004. Wesley Shannon A senior officer of the Department of the Environment