S.I. No. 300/1993:

EUROPEAN COMMUNITIES (SPEED LIMITATION DEVICES) REGULATIONS, 1993.

EUROPEAN COMMUNITIES (SPEED LIMITATION DEVICES) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive 92/6/EEC¹ of 10th February, 1992 hereby makes the following Regulations:--

1. These Regulations may be cited as the European Communities (Speed Limitation Devices) Regulations, 1993.

2. In these Regulations--

"approved body" has the meaning assigned to it in sub-article (1) of article 3 of these Regulations;

"authorised officer" means a person appointed by the approved body for the purposes of article 6 of these Regulations;

"authorised sealer" means a person or body appointed by the approved body to seal a speed limitation device;

"the Minister" means the Minister for the Environment;

"speed limitation device" means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value;

"the type approval Directive" means Council Directive 92/24/EEC² of 31st March, 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles;

"vehicle" means a mechanically propelled vehicle having at least four wheels and a maximum design speed exceeding 25 kilometres per hour.

¹OJ No. L57/27 dated 2.3.1992.

²OJ No. L129/154 dated 14.5.1992.

3. (1) The Minister may, by order, approve a body (herein referred to as the "approved body") to carry out the functions assigned to the approved body by these Regulations.

(2) The approved body may appoint as an authorised sealer a person or body who makes application in the form approved by the approved body and who meets their requirements for premises, trained personnel and equipment necessary for the installation, repair, calibration and sealing of speed limitation devices and shall assign to the authorised sealer an authorisation code number or numbers.

(3) The functions of the approved body and of authorised sealers under these Regulations relate to speed limitation devices in vehicles to which the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993 apply.

(4) Each application shall be accompanied by such fee as may be determined from time to time by the approved body with the prior consent of the Minister.

(5) The appointment of an authorised sealer shall be valid for a period not exceeding 12 months.

(6) An appointment may be renewed, on expiry, by the approved body.

(7) Each application for renewal of appointment shall be accompanied by such fee as may be determined from time to time by the approved body with the prior consent of the Minister.

(8) The approved body may at any time suspend or terminate the appointment of an authorised sealer.

(9) The approved body shall maintain a register of authorised sealers appointed by it and shall make available to the public during ordinary office hours the names and addresses of persons so appointed.

4. The approved body may from time to time issue instructions to authorised sealers as to the manner in which sealing of speed limitation devices is to be carried out, and in carrying out such sealing an authorised sealer shall have regard to such instructions.

5. (1) An authorised sealer shall maintain a register containing the details set out in the Schedule to these Regulations of all speed limitation devices sealed in the preceding 5 years by that sealer.

(2) An authorised sealer shall keep such records and documentation and supply such information as the approved body may from time to time require.

6. (1) An authorised officer may enter the premises used or proposed to be used by an authorised sealer at all reasonable times--

( a ) to ascertain whether the premises and its equipment are suitable for carrying out the installation, repair, calibration and sealing of speed limitation devices;

( b ) to ascertain whether the authorised sealer is carrying out relevant work in a fit and proper manner having regard to relevant instructions issued by the approved body under article 4 of these Regulations; and

( c ) to inspect any records or documentation kept by an authorised sealer in relation to the installation, repair, calibration and sealing of speed limitation devices.

(2) An authorised officer may, for the purposes of these Regulations, inspect on the premises of an authorised sealer any vehicle to which article 3 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993 applies.

(3) An authorised officer may and shall be permitted by the authorised sealer to take custody of any or all seals or sealing equipment associated with the authorisation code number or numbers assigned to the authorised sealer by the approved body.

(4) In this article reference to the premises used or proposed to be used by an authorised sealer includes a reference to the premises proposed to be used by a person or body who has made application for appointment as an authorised sealer and includes any mobile workshop.

SCHEDULE

Article 5

The following are the details to be kept in a register for 5 years by an authorised sealer in relation to each time a speed limitation device is sealed--

( a ) Vehicle registration number or, where the vehicle is unregistered, the chassis number.

( b ) Vehicle make and model.

( c ) Brief description of work carried out, e.g. installation, repair, calibration etc.

( d ) Type of speed limitation device.

( e ) Set speed in kilometres per hour. The set speed may additionally be shown in miles per hour.

( f ) Tyre size on the drive axle or axles.

( g ) Sealing authorisation code number.

( h ) Name of sealing fitter.

( i ) Signature of sealing fitter.

( j ) Date of sealing.

( k ) Location where sealing work was carried out.

GIVEN under the Official Seal of the Minister for the Environment this

20th day of October, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the implementation of Council Directive 92/6/EEC of 10th February 1992 on the compulsory fitment of speed limitation devices ("speed limiters") to certain motor vehicles¹.

The Regulations provide for the operational arrangements relating to the sealing of speed limitation devices by authorised sealers who have been appointed by a body approved for the purpose by the Minister for the Environment. The Minister proposes to approve EOLAS -- the Irish Science and Technology Agency.

¹OJ No. L57/27 dated 2.3.1992.

Compulsory fitment of speed limitation devices to certain vehicles is required by the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993.