ROAD TRAFFIC Citation and commencement 1 These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 and shall come into force on 12th December 2005. Preliminary 2 The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations. Amendment of regulation 36A 3 1 Regulation 36A shall be amended as follows. 2 In paragraph (2C), for sub-paragraph (b), there shall be substituted— b complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/ EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/ EC ; . 3 For paragraph (7A) there shall be substituted— 7A A speed limiter fitted to a paragraph (2) vehicle which— a was first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes; or b was first used before 1st October 2001 and has a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes; may be set at a maximum speed of 100 km/h. . 4 In paragraph (13)— a the word “or” immediately after sub-paragraph (a) shall be omitted; and b after sub-paragraph (b) there shall be added— c which is owned by the Secretary of State for Defence and used for naval, military or air force purposes; d which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or e while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 , for ambulance purposes or police purposes. . 5 In paragraph (14), in the appropriate alphabetical position, the following definition shall be added— “Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC ); . Amendment of regulation 36B 4 1 Regulation 36B shall be amended as follows. 2 For paragraph (1B), there shall be substituted— 1B Subject to paragraphs (1C) and (14), this regulation also applies to every motor vehicle, not being a motor vehicle to which paragraph (1) applies, which— a is a goods vehicle; b has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; c was first used on or after 1st October 2001 and before 1st January 2005; d complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/EC ; and e has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90km/h; and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph. . 3 In paragraph (15), in the appropriate alphabetical position, the following definition shall be added— “Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC ); . Signed by authority of the Secretary of State S.J. Ladyman Minister of State Department for Transport 11th November 2005