Consultation letter
Jonathan Drea
Vehicle Roadworthiness Branch
DVO Policy
Department for Transport
1/34 Great Minster House
76 Marsham Street
London
SW1P 4DR
Direct Line: 020 7944 6575
Fax: 0207 944 2459
email: jonathan.drea@dft.gsi.gov.uk
Web Site: www.dft.gov.uk
15 August 2007
Dear Sir or Madam,
Consultation on the Amendments to the Speed Limiter Regulations (36a & 36b) of the Road Vehicles (Construction and Use) Regulations 1986
Introduction
1. The purpose of this consultation letter is to seek views about proposed changes to the Speed Limiter Regulations – 36A and 36B of the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”).
2. Two amendments to the 1986 Regulations are proposed. The first will remove a time-expired 'savings-provision' in the regulations affecting goods vehicles registered between October 2001 and December 2004 with a maximum laden weight of 7.5 tonnes – 12 tonnes. The second will introduce a permanent exemption, from the requirement to have a speed limiter fitted, for the benefit of HM Prison Service (HMPS) vans. These are vehicles that are used exclusively by HMPS in the transport of high risk (Category A) prisoners, usually under police convoy escort.
Proposal 1 – Speed Limiter Recalibration
3. The amendment to remove the savings provision is necessary to ensure that the 1986 Regulations reflect the requirements of European law, as laid out in Directive 2002/85/EC. The amendment will affect a relatively small number of heavy goods vehicle (HGV) operators. These operators will be required to have the maximum speed setting of their limiters reduced from 60mph to 90km/h (56mph).
4. The cost of adjusting the setting of a speed limiter for the vehicles affected by the removal of the savings provision varies from approximately £35-£125 (average £80). 5,777 HGVs fall into the class and age of vehicle that require recalibration. Therefore the likely cost to GB operators is approximately £462,000.
5. There would be legal implications if the amendment to remove the savings provision were not made. Unless this action is taken the EU could initiate infraction proceedings against the Government.
6. The savings provision was originally included in the Regulations because, when speed limiters were first required on GB HGVs in 1992, they were required by domestic legislation, not European legislation. European legislation was introduced subsequently, but did not apply to the same group of vehicles as the GB legislation. The former applied to all HGVs exceeding 7.5 tonnes, whereas the latter only originally applied to HGVs exceeding 12 tonnes. This did not matter until 2002 when an amendment to the relevant EC Directive was adopted, extending, down to 3.5 tonnes, the weight range of HGVs to which the requirement to fit a limiter applied.
7. The amending Directive (2002/85/EC):
- applied to all new vehicles from 1 January 2005;
- limited maximum powered speed to 90km/h (56mph);
- applied retrospectively to vehicles first used between 1 October 2001 and 1 January 2005.
8. As a result of the Directive the 1986 Regulations were amended in 2004, with various transitional dates. The saving provision was added to prevent operators with vehicles covered by existing domestic legislation removing fitted limiters before the retrospective provisions of the amending Directive caught up with them. These transitional provisions have now passed, and therefore the Regulations need to be brought in line with EU legislation.
Proposal 2 – HMPS Prisoner Transport Vans
9. HMPS believe that they have got a very good case for a permanent exemption from the speed limiter provisions of the 1986 Regulations.
10. The HMPS case has been supported by ACPO who also make the point that HMPS vehicles carrying Category A prisoners may well need to keep up with the general traffic speed on motorways in order to avoid creating a gap between them and the main body of traffic, which could be exploited by potential hijackers.
11. Ministers feel that we should be guided by the professional experts on this matter and provide the necessary exemption in the 1986 Regulations.
Impact Assessment
12. I have included a draft impact assessment on the impact of the removal of the savings provision from the 1986 Regulations. When responding to the consultation please comment on the costs and benefits, giving supporting evidence wherever possible. Please also highlight any possible unintended consequences of the policy, and practical enforcement or implementation issues.
Consultation Questions
13. The purpose of this consultation is to ask your views on the amendments to the 1986 Regulation to remove the savings provision, and the proposal to grant a permanent exemption for HMPS prisoner transport vans. Specifically:
- Do you think that the Department is taking the correct approach to the removal of the savings provision?
- Do you agree with our analysis of the costs and benefits of the speed limiter recalibration, which will be required as a result of the amendment to the 1986 Regulations? Our analysis is laid out in the impact assessment at Annex A.
- What are your views on the potential costs that may be incurred by vehicle operators as a result of the amendment to the 1986 regulations?
- Do you agree that a permanent exemption should be granted to HMPS prisoner transport vans?
How to Respond
14. The consultation period began on 17 August and will run until 17 October. Please ensure that your response reaches us by that date.
15. Please send consultation responses to:
Jonathan Drea
Department for Transport
Licensing, Roadworthiness and Insurance Branch
Zone 1/34 Great Minster House
76 Marsham Street
London SW1P 4DR
Tel: 020 7944 6575
Fax: 020 7944 2459
Or email them to: LRI.MOT@dft.gsi.gov.uk
Enquiries
16. Enquiries about the contents of this consultation paper should be made to me at the above address.
17. This document is available on the Department for Transport web-site at www.dft.gov.uk. Alternatively, requests for further copies should be made to me at the above address.
18. A list of organisations/stakeholders that we have sent this consultation to is included in Annex B. If you have any suggestions of others who may wish to be involved in the consultation process please let us know.
19. This consultation has been produced in accordance with the principles of the Government’s "Code of Practice on Consultation" which are included at Annex C.
20. A summary of responses to this consultation will be published on our website: www.dft.gov.uk after the consultation period has closed.
21. According to the requirements of the Freedom of Information Act (2000), all information contained in your response to this consultation may be subject to publication or disclosure. This may include personal information such as your name and address. If you want your response or your name and address to remain confidential, you should explain why confidentiality is necessary. Your request will be granted only if it is it is consistent with Freedom of Information obligations. An automatic confidentiality disclaimer generated by your e-mail system will not be regarded as binding on the Department
Yours faithfully,
Jonathan Drea
