The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1998

Made: 4th August 1998

Coming into operation: 15th September 1998

The Department of the Environment, being a department designated[^f00001] for the purpose of section 2(2) of the European Communities Act 1972[^f00002] in relation to the regulation of the type, description, construction or equipment of vehicles, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1998 and shall come into operation on 15th September 1998.

Interpretation

2

The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Provisions amended

3

• (1) For the definition of “the Community Recording Equipment Regulation” in each of the provisions specified in paragraph (2) there shall be substituted the following definition—

• “the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport[^f00004] as it has effect in accordance with— Commission Regulation (EEC) No. 3314/90[^f00005]; Commission Regulation (EEC) No. 3688/92[^f00006]; and Commission Regulation (EC) No. 2479/95[^f00007]; and as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987[^f00008];

• (2) The provisions referred to in paragraph (1) are—

• (a) Article 53 of the Road Traffic (Northern Ireland) Order 1995[^f00009];

• (b) regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989[^f00010]; and

• (c) regulation 2(1) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996[^f00011].

• (3) For the definition of “the Community Recording Equipment Regulation” in regulation 2(1) of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987 there shall be substituted the following definition—

• “the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport as it has effect in accordance with— Commission Regulation (EEC) No. 3314/90; Commission Regulation (EEC) No. 3688/92; and Commission Regulation (EC) No. 2479/95.

Signed

Sealed with the Official Seal of the Department of the Environment on .

John Ritchie — Assistant Secretary — 4th August 1998

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the definition of “the Community Recording Equipment Regulation” in Article 53 of the Road Traffic (Northern Ireland) Order 1995, regulation 2(1) of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987, regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 and regulation 2(1) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996. The amendments take account of the amendments to Council Regulation (EEC) No. 3821/85 (O.J. No. L370, 31.12.85, p. 8) made by Commission Regulation (EC) No. 2479/95 (O.J. No. L256, 26.10.95, p. 8).

The amendments to the Council Regulation have been made to take account of technical changes in recording equipment in road transport. These amendments:

• (a) require electronic recording equipment to be capable of detecting interruptions in the power supply;

• (b) require recording equipment to record driving time automatically;

• (c) allow the removal, and subsequent refitting by an approved centre, of recording equipment seals to enable speed limiters to be fitted;

• (d) require the cable connecting electronic recording equipment to the transmitter to be protected by a continuous steel sheath which may include a joint comprising sealed connections.

Footnotes

[^f00001]: S.I. 1972/1811

[^f00002]: 1972 c. 68

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: O.J. No. L370, 31.12.85, p. 8

[^f00005]: O.J. No. L318, 17.11.90, p. 20

[^f00006]: O.J. No. L374, 22.12.92, p. 12

[^f00007]: O.J. No. L256, 26.10.95, p. 8

[^f00008]: S.R. 1987 No. 218; relevant amending regulations are S.R. 1988 No. 297

[^f00009]: S.I. 1995/2994 (N.I. 18)

[^f00010]: S.R.1989 No. 299; relevant amending Regulations are S.R. 1991 No. 147

[^f00011]: S.R. 1996 No. 145