Draft regulation: public passenger transport

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2008 No. **

PUBLIC PASSENGER TRANSPORT

The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No. *) Regulations 2008

Made 2008

Laid before Parliament 2008

Coming into force 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6 and 60 of the Public Passenger Vehicles Act 1981( ) and by section 41(1) of the Road Traffic Act 1988( ).

In accordance with section 61(2) of the Public Passenger Vehicles Act 1981 and section 195(2) of the Road Traffic Act 1988 she has consulted with such representative organisations as she thinks fit.

Citation and commencement

1. These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No. *) Regulations 2008 and come into force on ** 2008.

Amendment to the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981

2.—(1) The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981( ) are amended as follows.

(2) In regulation 3—

(a) for the definition of “ECE Regulation 36” there shall be inserted—

“”ECE Regulation 36” means Regulation No.36 (uniform provisions concerning the construction of public service vehicles) which came into force on 1st March 1976 as an Annex to the UNECE Agreement;

“ECE Regulation 52” means Regulation No. 52 (uniform provisions concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction) which came into force on 1st November 1982 as an Annex to the UNECE Agreement;

See (1)

“ECE Regulation 52.01” means Regulation No. 52 as amended by the 01 series of amendments on 12th September 1995;

“ECE Regulation 107” means Regulation No. 107 (uniform provisions concerning the approval of M2 and M3 vehicles with regard to their general construction) which came into force on 18th June 1998 as an Annex to the UNECE Agreement;

“ECE Regulation 107.01” means Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;

“ECE Regulation 107.02” means Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007;”; and

(b)      after the definition of “type approval certificate” there shall be inserted—

““the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;”.

(3) Regulation 4A shall be re-numbered as paragraph (1) of that regulation and after that re-numbered provision there shall be added—

“(2) The prescribed conditions as to the fitness of a vehicle contained in regulations 6 to 33 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 107.01 or 107.02 as apply to it.

(3) The prescribed conditions as to the fitness of a vehicle contained in regulations 13, 15 to 17, and 20 to 28A, and 31 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 52.01 as apply to it.”.

Signed by authority of the Secretary of State

Parliamentary under Secretary of State

2008 Department for Transport

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Public Passenger Vehicles Act 1981 requires that a vehicle adapted to carry more than eight passengers and used as a public service vehicle shall not be used on a road unless a certificate has been issued in respect of it indicating that the prescribed conditions of fitness have been fulfilled. The prescribed conditions of fitness may be found in Part 2 of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 (“the 1981 Regulations”).

Regulation 2 inserts new paragraphs (2) and (3) into regulation 4A of the 1981 Regulations. The new paragraphs provide that the specified requirements in Part 2 of the 1981 Regulations may alternatively be met by a vehicle satisfying the requirements of ECE Regulations No. 52.01 (concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction), 107.01 or 107.02 (concerning the approval of M2 and M3 vehicles with regard to their general construction), as apply to it. It also provides for definitions of the ECE Regulations to be inserted into regulation 3 of the 1981 Regulations.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Copies of the ECE Regulations referred to in these Regulations can be obtained from the Stationery Office (telephone: 0870 2600 5522, website www.tsoshop.co.uk) or from the UNECE website: http://www.unece.org/trans/main/wp29/wp29regs101-120.html

(1): (a) 1981 c.14; section 6 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), Schedule 3, paragraph 22, and by the Road Traffic Act 1991 (c.40), section 48 and Schedule 4, paragraph 14; section 60(1) was amended by the Transport Act 1985 (c.67) ("the 1985 Act"), section 134(2), Schedule 2, Part 2, paragraph 4(18) and Schedule 8; section 60(1A) was inserted by the 1985 Act, section 134(2); and section 60(2) was amended by the 1985 Act, section 134(2). (b)   1988 c.52. (c)   S.I. 1981/257; relevant amending instruments are SI 1982/1058, 1986/1812, 1989/2359, 2002/335 and 2005/2986.

Consultations