Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 21st April, 2015.

I, PASCAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 11 and 12 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following regulations:

Part 1

Preliminary and General

Citation.

1. These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015.

Commencement.

2. These Regulations come into operation on 1 June 2015.

Interpretation.

3. In these Regulations, "Regulations of 2003" means the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

Part 2

Amendment of the Road Traffic (Construction and Use of Vehicles) Regulations 2003

Amendment of Regulation 2 of the Regulations of 2003.

4. Regulation 2(1) of the Regulations of 2003 is amended by the substitution for the definitions of "Council Directive" and "UN/ECE Regulation 55" of the following:

"‘Council Directive’ means Council Directive 96/53/EC of 25 July 1996(¹ ) as amended from time to time;

‘UN/ECE Regulation 55’ means Regulation 55 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of These Prescriptions as amended from time to time;".

Amendment of Regulation 3 of the Regulations of 2003.

5. Regulation 3(1) of the Regulations of 2003 is amended by the substitution for the definitions of "anti-lock braking system", "appropriate motor vehicle", "appropriate semi-trailer", "electronic braking system", "equivalent system", "steering function", "UN/ECE Regulation 13-09", "UN/ECE Regulation 13-10", "UN/ECE Regulation 13-11", "UN/ECE Regulation 79" and "vehicle stability function" of the following:

"‘anti-lock braking system’ is

(a) an anti-lock braking system within the meaning of paragraph 2.1 of Annex X of Council Directive 71/320/EEC which additionally satisfies the technical provisions of Annex X of Council Directive 71/320/EEC in respect of anti-lock braking systems, or

(b) an anti-lock braking system within the meaning of paragraph 2.1 of Annex 13 of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11 which additionally satisfies the technical provisions in respect of anti-lock braking systems of Annex 13 of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11

for the time being in force on the date the vehicle is first registered or the semi-trailer is first licensed, as the case may be;

‘appropriate motor vehicle’ means a mechanically propelled vehicle having at least 3 axles which is fitted with-

(a) a braking system approved in accordance with the requirements of

(i) Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC or as subsequently amended from time to time, or

(ii) UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11, where appropriate

for the time being in force on the date the vehicle is first registered, and which includes an anti-lock braking system in addition to any other devices necessary for the satisfactory operation of the service brakes under all conditions of loading,

(b) a plate complying with the requirements of the Regulations of 2000, and

(c) twin tyres and an air suspension system or an equivalent system on the driving axle or driving axles;

‘appropriate semi-trailer’ means a semi-trailer which is fitted with-

(a) a braking system meeting the essential technical provisions of

(i) Council Directive 71/320/EEC as amended by Commission Directive 98/12/EC or as subsequently amended from time to time, or

(ii) UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11, where appropriate

for the time being in force on the date the semi-trailer is first licensed and which includes an anti-lock braking system in addition to any other devices necessary for the satisfactory operation of the service brakes under all conditions of loading,

(b) a plate complying with the requirements of the Regulations of 2000, and

(c) an air suspension system or an equivalent system on each axle;

‘electronic braking system’ means a braking system that

(a) employs an electronic control system to control the braking function and an electric control transmission that complies with 5.2.1.27 of UN/ECE Regulation 13-09, UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11

(b) in the case of a combination of vehicles, in addition to the requirements in paragraph (a) also has an electric control line that complies with Annex 17 of UN/ECE Regulation 13-09; UN/ECE Regulation 13-10 or UN/ECE Regulation 13-11

for the time being in force on the date the vehicle is first registered or the semi-trailer is first licensed, as the case may be;

‘equivalent system’ means a suspension system which fulfils the conditions for equivalence to air suspension as set out in Annex II to the Council Directive for the time being in force on the date the vehicle is first registered or the trailer or semi-trailer is first licensed, as the case may be;

‘steering function’ in relation to a trailer fitted with steering equipment means a steering or steered axles which comply with the technical provisions of UN/ECE Regulation 79 for the time being in force on the date the trailer is first licensed;

‘UN/ECE Regulation 13-09’ means Regulation 13-09 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of These Prescriptions as amended from time to time;

‘UN/ECE Regulation 13-10’ means Regulation 13-10 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions as amended from time to time;

‘UN/ECE Regulation 13-11’ means Regulation 13-11 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions as amended from time to time;

‘UN/ECE Regulation 79’ means Regulation 79 of the United Nations Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions as amended from time to time;

‘vehicle stability function’ has the meaning assigned to it by Paragraph 2.34 of UN/ECE Regulation 13-11 and meets the essential technical provisions of UN/ECE Regulation 13-11 for the time being in force on the date the vehicle is first registered or the semi-trailer is first licensed, as the case may be, in respect of vehicle stability function;".

Amendment of Regulation 13 of the Regulations of 2003.

6. Regulation 13 of the Regulations of 2003 is amended by the substitution for regulation 13(2)(c) of the following:

"(c) is equipped with a brake system approved in accordance with the requirements of the Directive 71/320/EEC of 26 July 1971(² ) as amended by Directive 98/12/EC of 27 January 1998(³ ) or as subsequently amended from time to time and for the time being in force on the date the vehicle is first registered and which includes antilock devices in addition to any other devices necessary for the satisfactory operation of the service brakes under all conditions of loading, and"

Amendment of Regulation 18 of the Regulations of 2003.

7. Regulation 18 of the Regulations of 2003 is amended by the insertion of the following after Regulation 18(3):

"(4) Provided that the requirements specified in paragraph (5) are complied with, the weight laden of a combination of an appropriate motor vehicle having 4 or more axles and a 2 axle trailer, where the distance between the rearmost axle of the vehicle and the foremost axle of the trailer is not less than 3 metres, may exceed 42 tonnes, but shall not exceed 46 tonnes.

(5) The specified requirements are-

(a) in the case of an appropriate motor vehicle, it shall be fitted with an electronic braking system, and

(b) in the case of a 2 axle trailer-

(i) where the trailer was first licensed prior to 1 June 2015, it shall be fitted with an air suspension or equivalent system and an electronic braking system, and

(ii) where the trailer was first licensed on or after 1 June 2015, it shall, in addition to satisfying the requirements specified in sub-paragraph (b)(i), be fitted with a vehicle stability function incorporating only ‘Roll Over Control’.".

Substitution of Regulation 19 of the Regulations of 2003.

8. The Regulations of 2003 are amended by the substitution for Regulation 19 of the following:

"19.(1) Subject to this Regulation, the weight laden of a combination of vehicles having 6 or more axles shall not exceed 34 tonnes.

(2) The weight laden of a combination of vehicles having 6 or more axles, where the distance between the rearmost axle of the vehicle and the foremost axle of the trailer is not less than 3 metres, may exceed 34 tonnes but shall not exceed 40 tonnes.

(3) The weight laden of a combination of an appropriate motor vehicle and a trailer having 3 or more axles, where the distance between the rearmost axle of the vehicle and the foremost axle of the trailer is not less than 3 metres, may exceed 34 tonnes but shall not exceed 44 tonnes.

(4) Provided that the requirements specified in paragraph (5) are complied with, the weight laden of a combination of an appropriate motor vehicle and a trailer having 3 or more axles, where the distance between the rearmost axle of the vehicle and the foremost axle of the trailer is not less than 3 metres, may exceed 44 tonnes, but shall not exceed 46 tonnes.

(5) The specified requirements are-

(a) in the case of an appropriate motor vehicle:

(i) where the vehicle has not more than 3 axles and is first registered prior to 1 June 2015, it shall be fitted with an electronic braking system; or

(ii) where the vehicle has not more than 3 axles and is first registered on or after 1 June 2015, it shall be fitted with an electronic braking system and a vehicle stability function; or

(iii) where the vehicle has more than 3 axles; it shall be fitted with an electronic braking system; and

(b) in the case of a 3 or more axle trailer:

(i) where the trailer is first licensed prior to 1 June 2015, it shall be fitted with an air suspension or equivalent system and an electronic braking system; and

(ii) where the trailer is first licensed on or after 1 June 2015, it shall, in addition to satisfying the criterion specified in sub-paragraph (b)(i), be fitted with a vehicle stability function incorporating only ‘Roll Over Control’.".

Substitution of Regulation 32 of the Regulations of 2003.

9. The Regulations of 2003 are amended by the substitution for Regulation 32 of the following:

"32. A vehicle, or a combination of vehicles, which complies with the maximum weights, maximum dimensions and related characteristics set out in respect of the vehicle or combination in Annex I to the Council Directive for the time being in force, when undertaking an international journey, is to be taken to comply with Regulations 3 to 31 inclusive.".

GIVEN under my Official Seal,

17 April 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations introduce a revised national weight limit of 46 tonnes for six (or more) axle rigid and drawbar trailer vehicle combinations from 1 June 2015. The revised maximum weight limit is subject to several specified requirements being met, which vary depending on whether the rigid vehicle and drawbar trailer involved in the combination is registered prior to or after 1 June 2015.

1 O.J. No. L 235, 17.9.96, p. 59

2 O.J. No. L. 202, 6.9.71, p.37

3 O.J. No. L. 81, 18.3.98, p.1