The Road Vehicles (Construction and Use) (Amendment) Regulations 1994

Made: 10th January 1994

Laid before Parliament: 19th January 1994

Coming into force: 1st July 1994

The Secretary of State for Transport,— in exercise of the powers conferred by sections 41(1), (2) and (5) of the Road Traffic Act 1988[^f00001] (“the 1988 Act”) as read with section 43 of the 1988 Act, and being a Minister designated[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to the regulation of the construction and equipment of vehicles and of components of vehicles, in exercise of the powers conferred by that section, and in exercise of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of the 1988 Act, hereby makes the following Regulations:

in exercise of the powers conferred by sections 41(1), (2) and (5) of the Road Traffic Act 1988[^f00001] (“the 1988 Act”) as read with section 43 of the 1988 Act, and

being a Minister designated[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to the regulation of the construction and equipment of vehicles and of components of vehicles, in exercise of the powers conferred by that section,

Citation and commencement

1

• (1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.

• (2) The Secretary of State is satisfied that—

• (a) it is requisite that the provisions of regulation 3 of these Regulations shall apply as from 1st July 1994 to vehicles registered under the Vehicles (Excise) Act 1971[^f00004] 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.

Preliminary

2

• (1) The Road Vehicles (Construction and Use) Regulations 1986[^f00005] shall be further amended in accordance with the following provisions of these Regulations.

• (2) So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.

Amendments relating to motor cycle noise and silencers

3

• (1) In regulation 4(4)—

• (a) in items 1, 2 and 3 of the Table, for the expression “, 53 and 57(3) and (4)” in each place where it occurs, there shall be substituted “and 53”;

• (b) in item 4 of the Table, the expression “, 57(3), and (4)” shall be omitted; and

• (c) in item 5 of the Table, the words “except regulations 57(3) and (4)” shall be omitted.

• (2) For the heading “Silencers” immediately preceding regulation 54 there shall be substituted “Silencers-general”.

• (3) In regulation 54(2) for the words “shall not be altered” there shall be substituted the words “shall not after the date of manufacture be altered”.

• (4) In regulation 55(6), for the words “regulations 56(2)(a) and 57(1A)(a)” there shall be substituted the words “regulation 56(2)(a) and Schedule 7A”.

• (5) For regulation 57 there shall be substituted the provisions set out in Schedule 1 to these Regulations.

• (6) In regulation 58(2), in sub-paragraph (d), for the words “specified in regulation 57(1A) and (2A)” there shall be substituted the words “of item 1 or 2 of the Table in Part I of Schedule 7A”.

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

• (8) After Schedule 7 there shall be inserted the Schedule set out in Schedule 2 to these Regulations.

Amendments to Schedule 2

4

In Table I of Schedule 2, item 56A shall be re-numbered 56AA and after item 56 there shall be inserted the following item—

SCHEDULE 1 — PROVISIONS REPLACING REGULATION 57

SCHEDULE 2

Signed

Signed by authority of the Secretary of State for Transport

Robert Key — Parliamentary Under Secretary of State, — Department of Transport — 10th January 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

Regulation 3 gives effect to Schedules 1 and 2 to the Regulations. Regulation 4 makes some minor and consequential amendments to the 1986 Regulations.

Schedules 1 and 2 to the Regulations replace regulation 57 of the 1986 Regulations with new regulations 57, 57A and 57B and with a new Schedule 7A.

The new regulation 57 requires motor cycles to be so constructed that they meet specified noise limit requirements. These requirements are unchanged. As before, there is an exemption for vehicles first used before 1st April 1991 that have been approved under Council Directive 78/1015/EEC or that Directive as amended by Council Directive 87/56/EEC. Also, as before, there is an exemption for vehicles first used on or after 1st April 1991 that have been approved under the 1978 Directive as amended by the 1987 Directive. There is, however, in both cases a new exemption for vehicles approved under the 1978 Directive as further amended by Council Directive 89/235/EEC.

Previously, regulation 57 required original silencers fitted to motor cycles to meet certain requirements in Annex I to the 1978 Directive. The new regulation 57A(1) requires an original silencer fitted to a motor cycle first used before 1st February 1996 to meet those same requirements. However, new regulation 57A(2) requires such a silencer fitted to a motor cycle first used on or after that date to comply with certain requirements of the 1978 Directive as amended by the 1989 Directive. The new regulation 57A(3) contains exemptions for vehicles approved under the Directives.

New regulation 57A(4) replaces regulation 57(3)(b). It requires a replacement silencer to meet certain technical and noise requirements. The requirements are based on the Directives referred to above and British Standards BS AU 193: 1983 and BS AU 193a: 1990. The requirements vary according to the date of first use of the motor cycle to which a silencer is fitted. There are also transitional provisions.

New regulation 57A(13) replaces regulation 57(4) and prohibits the use of a motor cycle on a road if any part of the exhaust system is marked “not for road use” or words to that effect.

New regulation 57B imposes a new prohibition on the use of a motor cycle if it does not meet certain requirements and would make materially less noise if it were in good and efficient working order or had not been altered.

A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room C19/08, 2 Marsham Street, London SW1P 3EB. A copy has been placed in the library of each House of Parliament.

Copies of the EEC Directives can be obtained from Her Majesty’s Stationery Office. Copies of the British Standards can be obtained from the British Standards Institution, Sales Department, Linford Wood, Milton Keynes MK14 6LE (telephone: 0908 221166). The details of the EEC Directives are set out below.

Footnotes

[^f00001]: 1988 c. 52; section 41 is amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

[^f00002]: S.I. 1972/1811.

[^f00003]: 1972 c. 68.

[^f00004]: 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31).

[^f00005]: S.I. 1986/1078; relevant amending instrument is S.I. 1989/1865.

[^f00006]: “Community Directive” is defined in regulation 3(2) of, and Schedule 2 to, the Road Vehicles (Construction and Use) Regulations 1986. Relevant amendments to that Schedule are made by regulation 4 of these Regulations.

[^f00007]: 1938 c. 22.