Statutory Instrument 1994 No. 14

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

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© Crown Copyright 1994

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1994 No. 14

ROAD TRAFFIC

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

The Secretary of State for Transport,—
(a) in exercise of the powers conferred by sections 41(1), (2) and (5) of the Road Traffic Act 1988^[1] ("the 1988 Act") as read with section 43 of the 1988 Act, and

(b) being a Minister designated^[2] for the purposes of section 2(2) of the European Communities Act 1972^[3] 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:

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^[4] 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^[5] 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—

56A

89/235

13.3.89

L98, 11.4.89. p.1

The permissible sound level and exhaust systems of motor cycles

78/1015 amended by 87/56

—

—

Signed by authority of the Secretary of State for Transport

Robert Key

Parliamentary Under Secretary of State, Department of Transport

10th January 1994

[1] 1988 c. 52; section 41 is amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8. back

[2] S.I. 1972/1811. back

[3] 1972 c. 68. back

[4] 1971 c. 10; the Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31). back

[5] S.I. 1986/1078; relevant amending instrument is S.I. 1989/1865. back

Explanatory Note