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The Road Vehicles (Construction and Use) Regulations 1986

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PART IE+W+SPRELIMINARY

Commencement and citationE+W+S

1.  These Regulations shall come into operation on 11th August 1986, and may be cited as the Road Vehicles (Construction and Use) Regulations 1986.

Commencement Information

I1Reg. 1 in force at 11.8.1986, see reg. 1

RevocationE+W+S

2.  The Regulations specified in Schedule 1 are hereby revoked.

Commencement Information

I2Reg. 2 in force at 11.8.1986, see reg. 1

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires—

(a)any reference to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations,

(b)any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or Schedule or (in the case of a sub-paragraph) paragraph in which the reference occurs, and

(c)any reference to a Table, or to a numbered Table, is a reference to the Table, or to the Table bearing that number, in the regulation or Schedule in which that reference occurs.

(2) In these Regulations, unless the context otherwise requires, the expressions specified in column 1 of the Table have the meaning, or are to be interpreted in accordance with the provisions, specified for them in column 2 of the Table.

TABLE

(regulation 3(2))

12
ExpressionMeaning
The 1971 ActThe Vehicles (Excise) Act 1971.
The 1972 ActThe Road Traffic Act 1972.
The 1981 ActThe Public Passenger Vehicles Act 1981.
The 1984 ActThe Road Traffic Regulation Act 1984 .
The Approval Marks RegulationsThe Motor Vehicles (Designation of Approval Marks) Regulations 1979(1).
The Lighting RegulationsThe Road Vehicles Lighting Regulations 1984.
The Plating and Testing RegulationsThe Goods Vehicles (Plating and Testing) Regulations 1982(2).
The Type Approval RegulationsThe Motor Vehicles (Type Approval) Regulations 1980(3).
The Type Approval (Great Britain) Regulations The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 (4).
The Type Approval for Goods Vehicles RegulationsThe Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(5).
The Type Approval for Agricultural Vehicles RegulationsThe Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1979(6).
The Act of Accessionthe Treaty concerning the Accession of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland to the European Economic Community and the European Atomic Energy Community(7)
[F1agricultural or forestry tractoran agricultural or forestry tractor within the meaning of Community Directive 82/890.]
agricultural motor vehiclea motor vehicle which is constructed or adapted for use off roads for the purpose of agriculture, horticulture or forestry and which is primarily used for one or more of those purposes, not being a dual-purpose vehicle.
agricultural trailera trailer which is constructed or adapted for the purpose of agriculture, horticulture or forestry and which is only used for one or more of those purposes, not being an agricultural trailed appliance.
agricultural trailed appliance

a trailer—

(a)

which is an implement constructed or adapted—

(i)

for use off roads for the purpose of agriculture, horticulture or forestry and which is only used for one or more of those purposes, and

(ii)

so that, save in the case of an appliance manufactured before 1st December 1985, or a towed roller, its maximum gross weight is not more than twice its unladen weight; but

(b)

which is not—

(i)

a vehicle which is used primarily as living accommodation by one or more persons, and which carries no goods or burden except those needed by such one or more persons for the purpose of their residence in the vehicle; or

(ii)

an agricultural, horticultural or forestry implement rigidly but not permanently mounted on any vehicle whether or not any of the weight of the implement is supported by one or more of its own wheels; so however that such an implement is an agricultural trailed appliance if

  • —part of the weight of the implement is supported by one or more of its own wheels, and

  • —the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle on which it is mounted.

agricultural trailed appliance conveyor

an agricultural trailer which—

(a) has an unladen weight which does not exceed 510 kg;

(b) is clearly and indelibly marked with its unladen weight;

(c) has a pneumatic tyre fitted to each one of its wheels;

(d) is designed and constructed for the purpose of conveying one agricultural trailed appliance or one agricultural, horticultural or forestry implement.

articulated bus

a bus so constructed that—

(a) it can be divided into two parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop; and

(b) passengers carried by it can at all times pass from either part to the other.

articulated vehiclea heavy motor car or motor car, not being an articulated bus, with a trailer so attached that part of the trailer is superimposed on the drawing vehicle and, when the trailer is uniformly loaded, not less than 20% of the weight of its load is borne by the drawing vehicle.
axleany reference to the number of axles of a vehicle is to be interpreted in accordance with paragraph (8).
axle weightin relation to each axle of a vehicle, the sum of the weights transmitted to the road surface by all the wheels of that axle, having regard to the provisions of paragraph (8).
braking efficiencythe maximum braking force capable of being developed by the brakes of a vehicle, expressed as a percentage of the weight of the vehicle including any persons or load carried in the vehicle.
braking systemis to be interpreted in accordance with paragraph (6).
busa motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver.
[F2car transporter a trailer which is constructed and normally used for the purpose of carrying at least two other wheeled vehicles.]
cccubic centimetre(s).
close-coupled in relation to wheels on the same side of a trailer, fitted so that at all times while the trailer is in motion they remain parallel to the longitudinal axis of the trailer, and that the distance between the centres of their respective areas of contract with the road surface does not exceed 1 m.
F3. . .F3. . .
cmcentimetre(s).
cm2square centimetre(s).
[F4coach means a large bus with a maximum gross weight of more than 7.5 tonnes and with a maximum speed exceeding 60 mph;]
Community Directive, followed by a number

the Directive adopted by the Council or the Commission of the European Communities of which identifying particulars are given in the item in column 3 of Table I in Schedule 2 in which that number appears in column 2; where such a Directive amends a previous Directive mentioned in column 3(d) of the Table [F5the reference to the amending Directive includes a reference to] that previous Directive as so amended.

Any reference to a Directive which has been amended by the Act of Accession is a reference to the Directive as so amended.

the Community Recording Equipment Regulation [F6Council Regulation (EEC) 3821/85 of 20th December 1985 on recording equipment in road transport, as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986.]
[F7combined transport operation shall be construed in accordance with paragraph 9 of Schedule 11A.]
composite trailera combination of a converter dolly and a semi-trailer.
containeran article of equipment, not being a motor vehicle or trailer, having a volume of at least 8 cubic metres, constructed wholly or mostly of metal and intended for repeated use for the carriage of goods or burden.
converter dolly
(a)

[F8a trailer which is—

(i)

equipped with 2 or more wheels,

(ii)

designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and

(iii)

not itself a part either of the semi-trailer or the drawing vehicle when being so used; or

(b)

a trailer which is—

(i)

equipped with 2 or more wheels;

(ii)

designed to be used in combination with a semi-trailer with part of the weight of the semi-trailer being borne by the drawing vehicle;

(iii)

not itself a part either of the semi-trailer or the drawing vehicle when being so used; and

(iv)

used solely for the purposes of agriculture, horticulture or forestry, or for any two or for all of those purposes.]

Council Regulation (EEC), followed by a number the Regulation adopted by the Council of the European Communities.
decka floor or platform on which seats are provided for the accommodation of passengers.
design weight in relation to the gross weight, each axle weight or the train weight of a motor vehicle or trailer, the weight at or below which in the opinion of the Secretary of State or of a person authorised in that behalf by the Secretary of State the vehicle could safely be driven on roads.
double-decked vehiclea vehicle having two decks one of which is wholly or partly above the other and each of which is provided with a gangway serving seats on that deck only.
dual-purpose vehicle

a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg, and which either—

(i)

is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or

(ii)

satisfies the following conditions as to construction, namely—

(a)

the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;

(b)

the area of the vehicle to the rear of the driver's seat must—

(i)

be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and

(ii)

be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and

(c)

the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in head (i) of sub-paragraph (b) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle.

ECE Regulation, followed by a numberthe Regulation, annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicles Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(8) as amended(9), to which the United Kingdom is a party(10), of which identifying particulars are given in the item in column (3)(a), (b) and (c) of Table II in Schedule 2in which that number appears in column (2); and where that number contains more than two digits, it refers to that Regulation with the amendments in force at the date specified in column (3)(d) in that item.
engine power in kilowatts (kW)the maximum net power ascertained in accordance with Community Directive 80/1269.
[F2engineering equipment engineering plant and any other plant or equipment designed and constructed for the purpose of engineering operations.]
engineering plant

(a) movable plant or equipment being a motor vehicle or trailer specially designed and constructed for the special purposes of engineering operations, and which cannot, owing to the requirements of those purposes, comply with all the requirements of these Regulations and which is not constructed primarily to carry a load other than a load being either excavated materials raised from the ground by apparatus on the motor vehicle or trailer or materials which the vehicle or trailer is specially designed to treat while carried thereon; or

(b) a mobile crane which does not comply in all respects with the requirements of these Regulations.

exhaust systema complete set of components through which the exhaust gases escape from the engine unit of a motor vehicle including those which are necessary to limit the noise caused by the escape of those gases.
first usedis to be interpreted in accordance with paragraph (3).
[F9Framework DirectiveCouncil Directive 70/156/EEC as amended by Council Directive 87/403/EEC, Council Directive 92/53/EEC and Commission Directive 93/81.]
gangwaythe space provided for obtaining access from any entrance to the passengers' seats or from any such seat to an exit other than an emergency exit, but excluding a staircase and any space in front of a seat which is required only for the use of passengers occupying that seat or a seat in the same row of seats.
gasany fuel which is wholly gaseous at 17.5°C under a pressure of 1.013 bar absolute.
gas-fired appliance

a device carried on a motor vehicle or trailer when in use on a road, which consumes gas and which is neither—

(a) a device owned or operated by or with the authority of the British Gas Corporation for the purpose of detecting gas, nor

(b) an engine for the propulsion of a motor vehicle, nor

(c) a lamp which consumes acetylene gas.

goods vehiclea motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description.
gritting trailera trailer which is used on a road for the purpose of spreading grit or other matter so as to avoid or reduce the effect of ice or snow on the road.
gross weight

(a) in relation to a motor vehicle, the sum of the weights transmitted to the road surface by all the wheels of the vehicle.

(b) in relation to a trailer, the sum of the weights transmitted to the road surface by all the wheels of the trailer and of any weight of the trailer imposed on the drawing vehicle.

heavy motor car a mechanically propelled vehicle, not being a locomotive, a motor tractor, or a motor carry, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kg.
indivisible load a load which cannot without undue expense or risk of damage be divided into two or more loads for the purpose of conveyance on a road.
industrial tractor

a tractor, not being an agricultural motor vehicle, which—

(a) has an unladen weight not exceeding 7370 kg,

(b) is designed and used primarily for work off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement or implements designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load), and

(c) has a maximum speed not exceeding 20 mph.

invalid carriage a mechanically propelled vehicle the weight of which unladen does not exceed 254 kg and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is solely used by such a person.
kerbside weight

the weight of a vehicle when it carries—

(a)

in the case of a motor vehicle,

(i)

no person; and

(ii)

a full supply of fuel in its tank, an adequate supply of other liquids incidental to its propulsion and no load other than the loose tools and equipment with which it is normally equipped;

(b)

in the case of a trailer, no person and is otherwise unladen.

kgkilogram(s).
km/hkilometre(s) per hour.
kWkilowatt(s).
[F4large bus means a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver;]
[F10light trailer a trailer with a maximum gross weight which does not exceed 3500 kg.]
living vana vehicle used primarily as living accommodation by one or more persons, and which is not also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle.
locomotivea mechanically propelled vehicle which is not constructed itself to carry a load other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment, and the weight of which unladen exceeds 7370 kg.
longitudinal plane a vertical plane parallel to the longitudinal axis of a vehicle.
[F11low platform trailer a trailer fitted with tyres with a rim diameter size code of less than 20 and displaying a rectangular plate which–

(a)is at least 225 mm wide and at least 175 mm high; and

(b)bears two black letters “L” on a white ground each at least 125 mm high and 90 mm wide with a stroke width of 12 mm.]

[F2low loader a semi-trailer which is constructed and nor mally used for the carriage of engineering equipment so constructed that the major part of the load platform does not extend over or between the wheels and the upper surface of which is below the height of the top most point of the tyres of those wheels, measured on level ground and when–

(a)any adjustable suspension is at the normal travelling height,

(b)all pneumatic tyres are suitably infl ated for use when the vehicle is fully laden, and

(c)the semi-trailer is unladen,

(see also the definition of stepframe low loader). ]
m metre(s).
m2 square metre(s).
m3cubic metre(s).
[F12maximum permitted axle weight in relation to an axle–

(a)in the case of a vehicle which is equipped with a Ministry plate in accordance with regulation 70, the axle weight shown in column (2) of that plate (where the plate is in the form required by [F13Schedule 10 or 10B]) or in column (2) of that plate (where the plate is in the form required by [F13Schedule 10A or 10C]) in relation to that axle;

(b)in the case of a vehicle which is not equipped with a Ministry plate but which is equipped with a plate in accordance with regulation 66, the maximum axle weight shown for that axle on the plate in respect of item 9 of Part I of Schedule 8 in the case of a motor vehicle and item 7 of Part II of Schedule 8 in the case of a trailer; and

(c)in any other case, the weight which the axle is designed or adapted not to exceed when the vehicle is travelling on a road.]

maximum gross weight

(a) in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the design gross weight shown in column (3) of that plate or, if no such weight is shown, the gross weight shown in column (2) of that plate [F14(where the plate is in the form required by [F13Schedule 10 or 10B]) or in column (4) of that plate (where the plate is in the form required by [F13Schedule 10A or 10C]).];

(b) in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the maximum gross weight shown on the plate in respect of item 7 of Part 1 of Schedule 8 in the case of a motor vehicle and item 6 of Part II of Schedule 8 in the case of a trailer;

(c) in any other case, the weight which the vehicle is designed or adapted not to exceed when the vehicle is travelling on a road.

[F15maximum total design axle weight (an expression used only in relation to trailers)

(a)in the case of a trailer equipped with a Ministry plate in accordance with regulation 70, the sum of the relevant axle weights;

(b)in the case of a trailer which is not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the sum of the maximum axle weights shown on the plate in respect of item 4 of Part II of Schedule 8; or

(c)in the case of any other trailer, the sum of the axle weights which the trailer is designed or adapted not to exceed when the vehicle is travelling on a road;

and for the purposes of sub-paragraph (a) the relevant axle weight, in respect to an axle, is the design axle weight shown in column (3) of the Ministry plate (where the plate is in the form required by [F13Schedule 10 or 10B]) or in column (4) of that plate (where the plate is in the form required by [F13Schedule 10A or 10C]) in relation to that axle or if no such weight is shown, the axle weight shown in column (2) of that plate in relation to that axle;]
maximum speedthe speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden.
minibusa motor vehicle which is constructed or adapted to carry more than 8 but not more than 16 seated passengers in addition to the driver.
Ministry plate [F16is to be interpreted in accordance with regulation 70.]
mm millimetre(s).
motor ambulance a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental, or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability.
motor car

a mechanically propelled vehicle, not being a motor tractor, a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a) if it is constructed solely for the carriage of passengers and their effects and is adapted to carry not more than seven passengers exclusive of the driver does not exceed 3050 kg;

(b) if it is constructed for use for the conveyance of goods or burden of any description, does not exceed 3050 kg;

(c) does not exceed 2540 kg in a case falling within neither of the foregoing paragraphs.

[F4motor caravan means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;]
motor cyclea mechanically propelled vehicle, not being an invalid carriage, having less than four wheels and the weight of which unladen does not exceed 410 kg.
motor tractora mechanically propelled vehicle which is not constructed itself to carry a load, other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment, and the weight of which unladen does not exceed 7370 kg.
motor vehicle a mechanically propelled vehicle intended or adapted for use on roads.
mph mile(s) per hour.
N/mm 2newton(s) per square millimetre.
[F17off-road vehicle an off-road vehicle as defined in Annex I to Council Directive 70/156/EEC of 6th February 1970(3) as read with Council Directive 87/403/EEC of 25th June 1987(4).]
overall height

the vertical distance between the ground and the point on the vehicle which is furthest from the ground, calculated when—

(a) the tyres of the vehicle are suitably inflated for the use to which it is being put;

(b) the vehicle is at its unladen weight; and

(c) the surface of the ground under the vehicle is reasonably flat;

but, in the case of a trolley bus, exclusive of the power collection equipment mounted on the roof of the vehicle.

overall length

in relation to a vehicle, the distance between transverse planes passing through the extreme forward and rearward projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except—

(i)

for all purposes—

(a)

any driving mirror;

(b)

any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle;

(c)

any snow-plough fixed in front of a vehicle;

(d)

any receptacle specially designed to hold and keep secure a seal issued for the purposes of customs clearance;

(e)

any tailboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading;

(f)

any tailboard which is let down in order to facilitate the carriage of, but which is not essential for the support of, loads which are in themselves so long as to extend at least as far as the tailboard when upright;

(g)

any fitting attached to a part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be

  • —transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle,

  • —secured to a railway vehicle by a locking device, and

  • —carried on a railway vehicle by the use of stanchions:

(h)

any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between that trailer and a motor vehicle constructed for that purpose and to which the trailer is attached so that, while the trailer is attached to the motor vehicle, vehicles which are to be carried by the motor vehicle may be moved from the trailer to the motor vehicle before a journey begins, and vehicles which have been carried on the motor vehicle may be moved from it to the trailer after a journey ends;

(i)

any sheeting or other readily flexible means of covering or securing a load;

(j)

any receptacle with an external length, measured parallel to the longitudinal axis of the vehicle, not exceeding 2.5 m;

(k)

any empty receptacle which itself forms a load;

(l)

any receptacle which contains an indivisible load of exceptional length;

(m)

F18any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle); ...

(n)

any special appliance or apparatus as described in regulation 81(c) which does not itself increase the carrying capacity of the vehicle; [F19or

(o)

any rearward projecting buffer made of rubber or other resilient material.]

(ii)

for the purposes of [F20regulations 7, 13A, 13B and 13C]—

(a)

any part of a trailer (not being in the case of an agricultural trailed appliance a drawbar or other thing with which it is equipped for the purpose of being towed) designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part;

(b)

the thickness of any front or rear wall on a semi-trailer and of any part forward of such front wall or rearward of such rear wall which does not increase the vehicle's load-carrying space.

overall width

the distance between longitudinal planes passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except—

(a)

any driving mirror;

(b)

any snow-plough fixed in front of the vehicle;

(c)

so much of the distortion of any tyre as is caused by the weight of the vehicle;

(d)

any receptacle specially designed to hold and keep secure a seal issued for the purposes of customs clearance;

(e)

any lamp or reflector fitted to the vehicle in accordance with the Lighting Regulations;

(f)

any sideboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading;

(g)

any fitting attached to part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be

  • —transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle;

  • —secured to a railway vehicle by a locking device; and

  • —carried on a railway vehicle by the use of stanchions;

(h)

any sheeting or other readily flexible means of covering or securing a load;

(i)

any receptacle with an external width, measured at right angles to the longitudinal axis of the vehicle, which does not exceed 2.5 m;

(j)

any empty receptacle which itself forms a load;

(k)

any receptacle which contains an indivisible load of exceptional width;

(l)

F21any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle); ...

(m)

any special appliance or apparatus as described in regulation 81(c) which does not itself increase the carrying capacity of the vehicle [F22; or

(n)

any apparatus fitted to a bus which enables it to be guided wholly or mainly by means of wheels bearing outwards against fixed apparatus, provided that no part of the apparatus projects more than 75mm beyond the side of the bus when the wheels of the bus are parallel to its longitudinal axis;

and the reference in paragraph (n) above to the side of a bus is a reference to the longitudinal plane passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except those items referred to in paragraphs (a) to (n).]

overhang

the distance measured horizontally and parallel to the longitudinal axis of a vehicle between two transverse planes passing through the following two points—

(a)

the rearmost point of the vehicle exclusive of—

(i)

any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle;

(ii)

in the case of a motor car constructed solely for the carriage of passengers and their effects and adapted to carry not more than eight passengers exclusive of the driver, any luggage carrier fitted to the vehicle; and

(b)

   

(i)

in the case of a motor vehicle having not more than three axles of which only one is not a steering axle, the centre point of that axle;

(ii)

in the case of a motor vehicle having three axles of which the front axle is the only steering axle and of a motor vehicle having four axles of which the two foremost are the only steering axles, a point 110 mm behind the centre of a straight line joining the centre points of the two rearmost axles; and

(iii)

in any other case a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angles to that axis will pass through the centre of the minimum turning circle of the vehicle.

passenger vehiclea vehicle constructed solely for the carriage of passengers and their effects.
pedestrian-controlled vehiclea motor vehicle which is controlled by a pedestrian and not constructed or adapted for use or used for the carriage of a driver or passenger.
pneumatic tyre

a tyre which—

(a) is provided with, or together with the wheel upon which it is mounted forms, a continuous closed chamber inflated to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subjected to any load;

(b) is capable of being inflated and deflated without removal from the wheel or vehicle; and

(c) is such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse.

public works vehicle

  • [F23a mechanically propelled vehicle which is used on a road by or on behalf of–

    (a)

    the Central Scotland Water Development Board;

    (b)

    a ferry undertaking;

    (c)

    a highway or roads authority;

    (d)

    a local authority;

    (e)

    a market undertaking;

    (f)

    the National Rivers Authority;

    (g)

    an operator of a telecommunications code system within the meaning of paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984(3);

    (h)

    a police authority;

    (i)

    the Post Office;

    (j)

    a public electricity supplier within the meaning of Part I of the Electricity Act 1989(4);

    (k)

    [F24a public gas transporter within the meaning of Part I of the Gas Act 1986];

    (l)

    a statutory undertaker within the meaning of section 329(1) of the Highways Act 1980(6);

    (m)

    an undertaking for the supply of district heating;

    (n)

    a water authority within the meaning of the Water (Scotland) Act 1980(7); or

    (o)

    a water or sewerage undertaker within the meaning of the Water Act 1989(8);

    for the purpose of works which such a body has a duty or power to carry out, and which is used only for the carriage of–

    (i)

    the crew, and

    (ii)

    goods which are needed for works in respect of which the vehicle is used.]

recut pneumatic tyre a pneumatic tyre in which all or part of its original tread pattern has been cut deeper or burnt deeper or a different tread pattern has been cut deeper or burnt deeper than the original tread pattern.
refuse vehicle a vehicle designed for use and used solely in connection with street cleansing, the collection or disposal of refuse, or the collection or disposal of the contents of gullies or cesspools.
registered

registered under any of the following enactments—

(a) the Roads Act 1920,

(b) the Vehicles (Excise) Act 1949,

(c) the Vehicles (Excise) Act 1962, or

(d) the 1971 Act

and,

in relation to the date on which a vehicle was registered, the date on which it was first registered under any of those enactments.

relevant braking requirement

a requirement that the brakes of a motor vehicle (as assisted, where a trailer is being drawn, by the brakes on the trailer) comply—

(i) in a case to which item 1 in Table 1 in regulation 18 applies, with the requirements specified in regulation 18(3) for vehicles falling in that item;

(ii) in any other case, with the requirements specified in regulation 18(3) for vehicle classes (a) and (b) in item 2 of that Table (whatever the date of first use of the motor vehicle and the date of manufacture of any trailer drawn by it may be).

resilient tyrea tyre, not being a pneumatic tyre, which is of soft or elastic material, having regard to paragraph (5).
[F25restricted speed vehicle a vehicle displaying at its rear a “50” plate in accordance with the requirements of Schedule 13.
retreaded tyrea tyre which has been reconditioned to extend its useful life by replacement of the tread rubber or by replacement of the tread rubber and renovation of the sidewall rubber.]
rigid vehicle a motor vehicle which is not constructed or adapted to form part of an articulated vehicle or articulated bus.
[F26rim diameter is to be interpreted in accordance with the British Standard BS AU 50: Part 2: Section 1: 1980 entitled “British Standard Automobile Series: Specification for Tyres and Wheels Part 2. Wheels and rims Section 1. Rim profiles and dimensions (including openings for valves)” which came into effect on 28th November 1980.
rim diameter size codeis to be interpreted in accordance with the British Standard referred to in the meaning given in this Table to “rim diameter”.]
secondary braking systema braking system of a vehicle applied by a secondary means of operation independent of the service braking system or by one of the sections comprised in a split braking system.
service braking system the braking system of a vehicle which is designed and constructed to have the highest braking efficiency of any of the braking systems with which the vehicle is equipped.
semi-trailer a trailer which is constructed or adapted to form part of an articulated vehicle [F27including (without prejudice to the generality of that) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle].
silencera contrivance suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of exhaust gases from the engine of a motor vehicle.
single-decked vehiclea vehicle upon which no part of a deck or gangway is vertically above another deck or gangway.
split braking system

in relation to a motor vehicle, a braking system so designed and constructed that—

(a) it comprises two independent sections of mechanism capable of developing braking force such that, excluding the means of operation, a failure of any part (other than a fixed member or a brake shoe anchor pin) of one of the said sections will not cause a decrease in the braking force capable of being developed by the other section;

(b) the said two sections are operated by a means of operation which is common to both sections;

(c) the braking efficiency of either of the said two sections can be readily checked.

[F2stepframe low loader a semi-trailer (not being a low loader) which is constructed and normally used for the carriage of engineering equipment and is so constructed that the upper surface of the major part of the load platform is at a height of less than 1m above the ground when measured on level ground and when–

(a)any adjustable suspension is at the normal travelling height,

(b)all pneumatic tyres are suitably inflated for use when the vehicle is fully laden, and

(c)the semi-trailer is unladen.]

stored energyin relation to a braking system of a vehicle, energy (other than the muscular energy of the driver or the mechanical energy of a spring) stored in a reservoir for the purpose of applying the brakes under the control of the driver, either directly or as a supplement to his muscular energy.
straddle carrier a motor vehicle constructed to straddle and lift its load for the purpose of transportation.
[F4staircase means a staircase by means of which passengers on a double-decked vehicle may pass to and from the upper deck of the vehicle;]
statutory power of removala power conferred by or under any enactment to remove or move a vehicle from any road or from any part of a road.
temporary use spare tyre

a pneumatic tyre which is designed for use on a motor vehicle only—

(a) in the event of the failure of one of the tyres normally fitted to a wheel of the vehicle, and

(b) at a speed lower than that for which such normally fitted tyres are designed.

three-wheeled motor cyclea motor cycle having three wheels, not including a two-wheeled motor cycle with a sidecar attached.
towing implement a device on wheels designed for the purpose of enabling a motor vehicle to draw another vehicle by the attachment of that device to that other vehicle in such a manner that part of that other vehicle is secured to and either rests on or is suspended from the device and some but not all of the wheels on which that other vehicle normally runs are raised off the ground.
track-layingin relation to a vehicle, so designed and constructed that the weight thereof is transmitted to the road surface either by means of continuous tracks or by a combination of wheels and continuous tracks in such circumstances that the weight transmitted to the road surface by the tracks is not less than half the weight of the vehicle.
trailermeans a vehicle drawn by a motor vehicle and is to be interpreted in accordance with paragraphs (9) and (11).
train weightin relation to a motor vehicle which may draw a trailer, the maximum laden weight for the motor vehicle together with any trailer which may be drawn by it.
transverse planea vertical plane at right angles to the longitudinal axis of a vehicle.
trolley busa bus adapted for use on roads without rails and moved by power transmitted thereto from some external source.
unbraked trailerany trailer other than one which, whether or not regulation 15 or 16 applies to it, is equipped with a braking system in accordance with one of those regulations.
unladen weightthe weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.
vehicle in the service of a visiting force or of a headquartersa vehicle so described in Article 8(6) of the Visiting Forces and International Headquarters (Application of Law) Order 1965
wheel a wheel the tyre or rim of which when the vehicle is in motion on a road is in contact with the ground; two wheels are to be regarded as one wheel in the circumstances specified in paragraph (7).
wheeledin relation to a vehicle, so constructed that the whole weight of the vehicle is transmitted to the road surface by means of wheels.
Wide tyrea pneumatic tyre of which the area of contact with the road surface is not less than 300mm in width when measured at right angles to the longitudinal axis of the vehicle.
works trailera trailer designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the site of such works.
works trucka motor vehicle (other than a straddle carrier) designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the site of such works.

[F28(2A) Without prejudice to section 17 of the Interpretation Act 1978(2) and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.]

(3) For the purpose of these Regulations, the date on which a motor vehicle is first used is—

(a)in the case of a vehicle not falling within sub-paragraph (b) and which is registered, the date on which it was registered;

(b)in each of the following cases—

(i)a vehicle which is being or has been used under a trade licence as defined in section 16 of the 1971 Act (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made or of a distributor of vehicles, or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);

(ii)a vehicle belonging, or which has belonged, to the Crown and which is or was used or appropriated for use for naval, military or air force purposes;

(iii)a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965 applies;

(iv)a vehicle which has been used on roads outside Great Britain before being imported into Great Britain; and

(v)a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;

the date of manufacture of the vehicle.

In sub-paragraph (b) (v) of this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring it solely for the purpose of resale or re-supply for a valuable consideration .

(4) The date of manufacture of a vehicle to which the Type Approval for Goods Vehicles Regulations apply shall be the date of manufacture described in regulation 2(4)(a) of those Regulations.

(5) Save where otherwise provided in these Regulations a tyre shall not be deemed to be of soft or elastic material unless the said material is either—

(a)continuous round the circumference of the wheel; or

(b)fitted in sections so that so far as reasonably practicable no space is left between the ends thereof,

and is of such thickness and design as to minimise, so far as reasonably possible, vibration when the vehicle is in motion and so constructed as to be free from any defect which might in any way cause damage to the surface of a road.

(6) For the purpose of these Regulations a brake drum and a brake disc shall be deemed to form part of the wheel and not of the braking system.

(7) For the purpose of these Regulations other than regulations 26 and 27 any two wheels of a motor vehicle or trailer shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and the road surface is less than 460 mm.

(8) For the purpose of these Regulations other than regulations 26 and 27 in counting the number of axles of, and in determining the sum of the weights transmitted to the road surface by any one axle of, a vehicle, all the wheels of which the centres of the areas of contact with the road surface can be included between any two transverse planes less than [F290.5] m apart shall be treated as constituting one axle.

[F30(8A) For the purposes of these Regulations, a reference to axles being closely-spaced is a reference to—

(a)two axles (not being part of a group of axles falling within sub-paragraph (b) or (c)) which are spaced at a distance apart of not more than 2.5m;

(b)three axles (not being part of a group of axles falling within sub-paragraph (c)) the outermost of which are spaced at a distance apart of not more than 3.25m; or

(c)four or more axles the outermost of which are spaced at a distance apart of not more than 4.6m;

the number of axles for the purposes of these paragraphs being determined in accordance with paragraph (8); and a reference to any particular number of closely-spaced axles shall be construed accordingly.]

(9) The provisions of these Regulations relating to trailers do not apply to any part of an articulated bus.

(10) For the purpose of [F31paragraph (8A) above,] regulations 51, [F3276, 77 and 79] and [F33Schedules 11 and 11A] F34..., the distance between any two axles shall be obtained by measuring the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

(11) For the purpose of the following provisions only, a composite trailer shall be treated as one trailer (not being a semi-trailer or a converter dolly)—

(a)regulations 7, 76 and 83;

(b)paragraph (2) of, and items 3 and 10 in the Table in, regulation 75;

(c)item 2 in the Table in regulation 78.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3Reg. 3 in force at 11.8.1986, see reg. 1

[F35Modification of Regulations in relation to vehicles for which a Minister’s approval certificate has been issued under the Motor Vehicles (Approval) Regulations 1996E+W+S

3A.  Schedule 2A shall have effect for the purpose of modifying these Regulations in relation to vehicles in respect of which a Minister’s approval certificate has been issued by virtue of the Motor Vehicles (Approval) Regulations 1996.]

Textual Amendments

Application and ExemptionsE+W+S

4.—(1) Save where the context otherwise requires, these Regulations apply to both wheeled vehicles and track-laying vehicles.

(2) Where a provision is applied by these Regulations to a motor vehicle first used on or after a specified date it does not apply to that vehicle if it was manufactured at least six months before that date.

(3) Where an exemption from, or relaxation of, a provision is applied by these Regulations to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least six months before that date.

(4) The regulations specified in an item in column 3 of the Table do not apply in respect of a vehicle of a class specified in that item in column 2.

TABLE

(regulation 4(4))

12 3
ItemClass of Vehicle Regulations which do not apply
1A vehicle proceeding to a port for export.

The regulations in Part II insofar as they relate to construction and equipment, except regulations 16 (insofar as it concerns parking brakes) 20, 30, 34, 37 [F36and 53].

Regulations 66 to 69 and 71.

2

A vehicle brought temporarily into Great Britain by a person resident abroad, provided that the vehicle complies in every respect with the requirements relating to motor vehicles or trailers contained in—

(a) article 21 and paragraph (1) of article 22 of the Convention on Road Traffic concluded at Geneva on 19th September 1949(11) and [F37Part I,] Part II (so far as it relates to direction indicators and stop lights) and Part III of Annex 6 to that Convention; or

(b) paragraphs I, III and VIII of article 3 of the International Convention relative to Motor Traffic concluded at Paris on 24th April 1926 (12)

The regulations in Part II insofar as they relate to construction and equipment except regulations 7, 8, F38... 10, [F3910A,] 40 [F40and 53].

Regulations 66 to 69 and 71.

3

A vehicle manufactured in Great Britain which complies with the requirements referred to in item 2 above and contained in the Convention of 1949, or, as the case may be, 1926 referred to in that item as if the vehicle had been brought temporarily into Great Britain, and either—

(a) is exempt from car tax by virtue of [F41section 7(1), (2) and (3) of the Car Tax Act 1983], or

(b) has been zero rated under [F42regulation 56 or 57 of the Value Added Tax (General) Regulations 1985].

The regulations in Part II insofar as they relate to construction and equipment, except regulations 7, 8, F38... 10, [F4310A,] 40 [F44and 53].

Regulations 66 to 69 and 71.

4A vehicle in the service of a visiting force or of a headquarters.

The regulations in Part II insofar as they relate to construction and equipment, except regulations F38... 16 (insofar as it concerns parking brakes), 21, 53 F45... and 61.

Regulations 66 to 69, [F4671, 75 to 79 and 93A].

5A vehicle which has been submitted for an examination under section 43 or [F47section 45] of the 1972 Act while it is being used on a road in connection with the carrying out of that examination and is being so used by a person who is empowered under that section to carry out that examination, or by a person acting under the direction of a person so empowered. The regulations in Part II F48.... Regulations 75 to 79 and 100.
6A motor car or a motor cycle in respect of which a certificate has been issued by the Officer in Charge of the National Collections of Road Transport, the Science Museum, London SW7. that it was designed before 1st January 1905 and constructed before 31st December 1905.Regulations 16 (except insofar as it applies requirements 3 and 6 in Schedule 3), 21, 37(4), 63 and 99(4).
7
(a)

A towing implement which is being drawn by a motor vehicle while it is not attached to any vehicle except the one drawing it if—

(i)

the towing implement is not being so drawn during the hours of darkness, and

(ii)

the vehicle by which it is being so drawn is not driven at a speed exceeding 20 mph; or

(b)

a vehicle which is being drawn by a motor vehicle in the exercise of a statutory power of removal.

The regulations in Part II insofar as they relate to the construction and equipment of trailers, except regulation 20.
[F498TramcarsThe regulations in Parts II, III and IV]

(5) Any reference to a broken down vehicle shall include a reference to any towing implement which is being used for the drawing of any such vehicle.

(6) The Secretary of State is satisfied that it is requisite that the provisions of regulation 40(2) should apply, as from the date on which these Regulations come into operation, to track-laying vehicles registered before the expiration of one year from the making of these Regulations; and that, notwithstanding that those provisions will then apply to these vehicles, no undue hardship or inconvenience will be caused thereby.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 11.8.1986, see reg. 1

Trade Descriptions Act 1968E+W+S

5.  Nothing in any provision of these Regulations whereby any vehicle or any of its parts or equipment is required to be marked with a specification number or the registered certification trade mark of the British Standards Institution or with an approval mark, or whereby such a marking is treated as evidence of compliance with a standard to which the marking relates, shall be taken to authorise any person to apply any such marking to the vehicle, part or equipment in contravention of the Trade Descriptions Act 1968.

Commencement Information

I5Reg. 5 in force at 11.8.1986, see reg. 1

Compliance with Community Directives and ECE RegulationsE+W+S

6.—(1) For the purpose of any regulation which requires or permits a vehicle to comply with the requirements of a Community Directive or an ECE Regulation, a vehicle shall be deemed so to have complied at the date of its first use only if—

(a)one of the certificates referred to in paragraph (2) has been issued in relation to it; or

(b)the marking referred to in paragraph (3) has been applied; or

(c)it was, before it was used on a road, subject to a relevant type approval requirement as specified in paragraph (4).

(2) The certificates mentioned in paragraph (1) are—

(b)a certificate of conformity issued by the manufacturer of the vehicle under regulation 6 of either of those Regulations; F50...

(c)a certificate issued under a provision of the law of any member state of the European Economic Community which corresponds to the said regulations 5 or 6 [F51; or

(d)a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;]

being in each case a certificate issued by reason of the vehicle's conforming to the requirements of the Community Directive in question.

(a)a type approval certificate issued by the Secretary of State under regulation 5 of the Type Approval Regulations or of the Type Approval for Agricultural Vehicles Regulations;

(3) The marking mentioned in paragraph (1) is a marking designated as an approval mark by regulation 4 of the Approval Marks Regulations, being in each case a mark shown in column 2 of an item in Schedule 2 to those Regulations which refers, in column 5, to the ECE Regulation in question, applied as indicated in column 4 in that item.

(4) A relevant type approval requirement is a requirement of the Type Approval (Great Britain) Regulations or the Type Approval for Goods Vehicles Regulations which appears—

(a)in column 4 of Table I in Schedule 2 in the item in which the Community Directive in question appears in column 3, or

(b)in column 4 of Table II in Schedule 2 in the item in which the ECE Regulation in question appears in column3.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 11.8.1986, see reg. 1

PART IIE+W+SREGULATIONS GOVERNING THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

AE+W+SDIMENSIONS AND MANOEUVRABILITY

LengthE+W+S

7.—(1) Subject to paragraphs (2) to (6), the overall length of a vehicle or combination of vehicles of a class specified in an item in column 2 of the Table shall not exceed the maximum length specified in that item in column 3 of the Table, the overall length in the case of a combination of vehicles being calculated in accordance with regulation 81(g) and (h).

TABLE

(regulation 7(1))

1 23
ItemClass of vehicleMaximum length (metres)
Vehicle Combinations
[F521A motor vehicle (other than a motor vehicle such as is mentioned in item 1A) drawing one trailer which is not a semi-trailer.18.75
1ASubject to paragraph (3C), a motor vehicle manufactured before 1st June 1998 and drawing one trailer, where the combination does not meet the requirements of paragraph (5A) and the trailer is not a semi-trailer.18]
2An articulated bus. 18
3An articulated vehicle [F53the semi-trailer of which does not meet the requirements of [F54para-graph (6)] paragraph (6) and is not a low loader.]15.5
Motor vehicles
[F553AAn articulated vehicle, the semi-trailer of which meets the requirements of paragraph (6) and is not a low loader.16.5]
[F553BAn articulated vehicle, the semi-trailer of which is a low loader.18]
4A wheeled motor vehicle.12
5A track-laying motor vehicle.9.2
Trailers
6 An agricultural trailed appliance manufactured on or after 1st December 1985. 15
7A semi-trailer manufactured on or after 1st May 1983 [F56which does not meet the requirements of paragraph (6) and is not a low loader].12.2
[F577A

A composite trailer drawn by–

(a) a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3500 kg; or

(b) an agricultural motor vehicle

14.04]
8

A trailer [F58(not being a semi-trailer or composite trailer)] with at least 4 wheels which is—

(a) drawn by a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3500 kg; or

(b) an agricultural trailer.

12
9 Any other trailer not being an agricultural trailed appliance or a semi-trailer. 7

(2) In the case of a motor vehicle drawing one trailer where—

(a)the motor vehicle is a showman's vehicle as defined in paragraph 7 of Schedule 3 to the 1971 Act; and

(b)the trailer is used primarily as living accommodation by one or more persons and is not also used for the carriage of goods or burden which are not needed for the purpose of such residence in the vehicle,

item 1 in the Table applies with the substitution of 22 m for 18 m [F59and item 1A in the Table does not apply].

[F60(3) Items 1 [F61,1A], 3, 3A and 3B of the Table do not apply to–

(a)a vehicle combination which includes a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length, or

(b)a vehicle combination consisting of a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown, [F62or

(c)an articulated vehicle, the semi-trailer of which is a low loader manufactured before 1st April 1991.]

(3A) Items 6, 7, 7A, 8 and 9 of the Table do not apply to–

(a)a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length,

(b)a broken down vehicle (including an articulated vehicle) which is being drawn by a motor vehicle in consequence of a breakdown, or

(c)a trailer being a drying or mixing plant designed for the production of asphalt or of bituminous or tar macadam and used mainly for the construction, repair or maintenance of roads, or a road planing machine so used.

(3B) Furthermore item 7 does not apply to–

(a)a semi-trailer which is a car transporter,

(b)a semi-trailer which is normally used on international journeys any part of which takes place outside the United Kingdom.]

[F63(3C) Item 1A and the words “(other than a motor vehicle such as is mentioned in item 1A)” in item 1 of the Table shall cease to have effect after 31st December 2006.]

(4) Where a motor vehicle is drawing—

(a)two trailers, then only one of those trailers may exceed an overall length of 7 m;

(b)three trailers, then none of those trailers shall exceed an overall length of 7 m.

(5) Where a motor vehicle is drawing—

(a)two or more trailers; or

(b)one trailer constructed and normally used for the conveyance of indivisible loads of exceptional length—

then—

(i)the overall length of that motor vehicle shall not exceed 9.2 m; and

(ii) the overall length of the combination of vehicles, calculated in accordance with regulation 81(g) and (h), shall not exceed 25.9 m, unless the conditions specified in paragraphs 1 and 2 of Schedule 12 have been complied with.

[F64(5XA) A motor vehicle drawing a trailer which is not a semi-trailer shall (unless it is a vehicle such as is mentioned in item 1A of the Table in paragraph (1)) comply with the requirements of paragraph (5A).

The words in parenthesis in this paragraph shall cease to have effect after 31st December 2006.]

[F65(5A) The requirements of this paragraph, in relation to a combination of vehicles, are that at least one of the vehicles in the combination is not a goods vehicle or, if both vehicles in the combination are goods vehicles that—

(a)the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer, less the distance between the rear of the motor vehicle and the front of the trailer, does not exceed 15.65m; and

(b)the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer does not exceed [F6616.4 m];

but sub-paragraph (a) shall not apply if both vehicles in the combination are car transporters.]

[F67(6) The requirements of this paragraph, in relation to a semi-trailer, are that–

(a)the longitudinal distance from the axis of the king pin F68... to the rear of the semi-trailer does not exceed–

(i)12.5m in the case of a car transporter, or

(ii)12m in any other case; and

(b)no point in the semi-trailer forward of the transverse plane passing through the axis of the king pin F68... is more than–

(i)4.19m from the axis of the king pin, in the case of a car transporter, or

(ii)2.04m from the axis of the king pin, in any other case.

[F69(6A) For the purposes of paragraph (5A)—

(a)where the forward end of the loading area of a motor vehicle is bounded by a wall, the thickness of the wall shall be regarded as part of the loading area; and

(b)any part of a vehicle designed primarily for use as a means of attaching another vehicle to it and any fitting designed for use in connection with any such part shall be disregarded in determining the distance between the rear of a motor vehicle and the front of a trailer being drawn by it.]

(7) For the purpose of paragraph (6) the longitudinal distance from the axis of the king pin to the rear of a semi-trailer is the distance between a transverse plane passing through the axis of the king pin and [F70the rear of the semi-trailer].

[F71(7A) Where a semi-trailer has more than one king-pin or is constructed so that it can be used with a king-pin in different positions, references in this regulation to a distance from the king-pin shall be construed

[F72(a)in relation to a vehicle which was manufactured after [F731st January 1999], as a reference to the foremost king-pin or, as the case may be, the foremost king-pin position; and

(b)in relation to any other vehicle, as a reference to the rearmost king-pin or, as the case may be, the rearmost king-pin position.]]

[F74(7B) For the purposes of paragraphs (5A), (6) and (7)—

(a)a reference to the front of a vehicle is a reference to the transverse plane passing through the extreme forward projecting points of the vehicle; and

(b)a reference to the rear of a vehicle is a reference to the transverse plane passing through the extreme rearward projecting points of the vehicle,

inclusive (in each case) of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of—

(i)the things set out in sub-paragraph (i) of the definition of “overall length” in the Table in regulation 3(2), and

(ii)in the case of a semi-trailer, the things set out in sub-paragraph (ii)(a) of that definition.]

(8) Where a broken down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown–

(a)paragraph (5) shall have effect in relation to the combination of vehicles as if sub-paragraph (b) were omitted, and

(b)for the purposes of paragraph (4) and of paragraph (5) as so modified, the articulated vehicle shall be regarded as a single trailer.]

[F75(9) No person shall use or cause or permit to be used on a road, a trailer with an overall length exceeding 18.65m unless the requirements of paragraphs 1 and 2 of Schedule 12 are complied with.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 11.8.1986, see reg. 1

WidthE+W+S

8.—(1) Save as provided in paragraph (2), the overall width of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum width specified in column 3 in that item.

TABLE

(regulation 8(1))

1 23
ItemClass of vehicleMaximum width (metres)
1A locomotive, other than an agricultural motor vehicle. 2.75
2A refrigerated vehicle [F762·60]
3Any other motor vehicle. [F772.55]
4A trailer drawn by a motor vehicle having a maximum gross weight (determined as provided in Part I of Schedule 8 to these Regulations) exceeding 3500 kg.[F772.55]
5An agricultural trailer.[F772.55]
6An agricultural trailed appliance.[F772.55]
7Any other trailer drawn by a vehicle other than a motor cycle.2.3
8 A trailer drawn by a motor cycle.1.5

(2) Paragraph (1) does not apply to a broken down vehicle which is being drawn in consequence of the breakdown.

(3) No person shall use or cause or permit to be used on a road a wheeled agricultural motor vehicle drawing a wheeled trailer if, when the longitudinal axes of the vehicles are parallel but in different vertical planes, the overall width of the two vehicles, measured as if they were one vehicle, exceeds [F782.55] metres.

(4) In this regulation “refrigerated vehicle” means any vehicle which is specially designed for the carriage of goods at low temperature and of which the thickness of each of the side walls, inclusive of insulation, is at least 45 mm.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 11.8.1986, see reg. 1

HeightE+W+S

9.—(1) The overall height of a bus shall not exceed 4.57 m.

F79(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9Reg. 9 in force at 11.8.1986, see reg. 1

Indication of overall travelling heightE+W+S

[F8210.—(1) Subject to the provisions of this regulation, no person shall drive or cause or permit to be driven on a road a motor vehicle with an overall travelling height exceeding 3m unless a notice is displayed in the cab, in such a manner that it can easily be read by the driver, and the notice meets the requirements of paragraph (3).

(2) Subject to the provisions of this regulation, no person shall use or cause or permit to be used on a road a motor vehicle with an overall travelling height exceeding 3m if any letters or numbers are displayed in the cab, otherwise than in a notice which meets the requirements of paragraph (3)—

(a)where they could be read by the driver; and

(b)which could be understood as indicating a height associated with the vehicle or any trailer drawn by it.

(3) The requirements of this paragraph in respect of a notice are that—

(a)the notice gives an indication of vehicle height expressed in feet and inches, or in both feet and inches and in metres;

(b)the numbers giving the indication in feet and inches are at least 40mm tall;

(c)the height expressed in feet and inches and (where applicable) the height expressed in metres are—

(i)if the vehicle is a vehicle to which regulation 10A applies, not less than the predetermined height mentioned in regulation 10A (2)(a) or the overall travelling height (whichever is the greater), or

(ii)if the vehicle is not a vehicle to which regulation 10A applies, not less than the overall travelling height;

(d)if the vehicle is not a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 150mm;

(e)if the vehicle is a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 1m;

(f)if the height is expressed in both feet and inches and in metres, the height expressed in feet and inches and the height expressed in metres do not differ by more than 50mm; and

(g)no other letters or numbers which could be understood as being an indication of any height associated with the vehicle or any trailer drawn by it are displayed in the notice.

(4) Paragraph (1) shall not apply if, having regard to the lengths of road which the driver might drive along in the course of fulfilling the purpose of the journey taking into account any possibility of unforeseen diversions and the driver having difficulty in finding his way, it is highly unlikely that the driver would during the course of the journey encounter any bridge or other overhead structure which does not exceed by at least 1m—

(a)in the case of a vehicle to which regulation 10A applies, the maximum travelling height.; or

(b)in any other case, the overall travelling height.

(5) Paragraph (1) shall not apply to a vehicle on a particular journey and at a particular time if—

(a)one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents describe a route or a choice of routes which the driver must take in order to fulfil the purpose of the journey without risk of the vehicle, its load or equipment or any trailer drawn by the vehicle, its load or equipment, colliding with any bridge or other overhead structure; and

(b)the vehicle is on such a route which is so described or is off that route by reason of a diversion that could not reasonably have been foreseen at the beginning of the journey.

(6) Paragraph (1) shall not apply to a vehicle on a particular journey if—

(a)one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents contain information as to—

(i)the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could pass, and

(ii)the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could not pass,

without the vehicle, its load or equipment or any such trailer, its load or equipment, colliding with any bridge or other overhead structure; and

(b)the information is such that, having regard in particular to the matters referred to in paragraph (7), it would enable any driver to fulfil the purpose of the journey without there being any risk of the vehicle, its load or equipment or any trailer, its load or equipment, colliding with any bridge or other overhead structure while on the journey.

(7) The matters referred to in paragraph (6) are—

(a)the roads which the driver might drive along in the course of fulfilling the purpose of the journey taking into account any possibility of unforeseen diversions and of the driver having difficulty in finding his way;

(b)the height of bridges and other overhead structures that would be encountered were the vehicle to proceed along any of those roads; and

(c)the setting of any device of a description specified in regulation 10A(2).

(8) Paragraphs (1) and (2) shall not apply to motor vehicle if it has an overall travelling height of not more than 4m and—

(a)it is a vehicle registered or put into circulation in an EEA State and is being used in international traffic; or

(b)it is a motor vehicle drawing a trailer registered or put into circulation in an EEA State and that trailer is being used in international traffic.

(9) For the purposes of this regulation—

(a)“EEA State”, and “high level equipment” and “maximum travelling height” have the meanings given in regulation 10C;

(b)“overall travelling height” in relation to a motor vehicle means—

(i)if it is not drawing a trailer, the overall height for the time being of the vehicle, its equipment and load, or

(ii)if it is drawing one or more trailers, the overall height for the time being of the combination of vehicles, their equipment and loads.

(c)a motor vehicle is a “relevant vehicle” if at any particular time—

(i)the vehicle or any trailer drawn by it is fitted with high level equipment with a maximum, height of more than 3m; and

(ii)the overall travelling height is less than the maximum travelling height.

(10) In paragraph (8), “international traffic” and “registered or put into circulation” have the same meanings as in article 3 of Community Directive 85/3.

Textual Amendments

Warning devices where certain high level equipment is fitted to a vehicleE+W+S

10A.—(1) Subject to the provisions of this regulation and regulations 10B and 10C, no person shall drive or cause or permit to be driven on a road a vehicle to which this regulation applies unless the vehicle is fitted with a warning device and the requirements specified in paragraph (2) are satisfied in respect of the device, the vehicle and any relevant trailer drawn by the vehicle.

(2) The requirements are—

(a)that the device, the vehicle and any relevant trailer drawn by it shall be so constructed, maintained and adjusted, and the connections between the vehicle and those trailers are such, that the device would give a visible warning to the driver if, whilst the vehicle was being driven, the height of the highest point of any high level equipment fitted to the vehicle or any of those trailers were to exceed a predetermined height; and

(b)the predetermined height referred to in sub-paragraph (a) shall not exceed the overall travelling height by more than 1m.

(3)No person shall be taken to have failed to comply with paragraph (1) on the ground that a motor vehicle or a relevant trailer was not fitted with a warning device and the requirements in paragraph (2) were not being satisfied as mentioned in paragraph (1)—

(a)before 1st October 1998—

(i)if the motor vehicle was first used before 1st April 1998; or

(ii)the relevant trailer was manufactured before that date; or

(b)before 1st April 1998 in relation to any other motor vehicle or relevant trailer.

(4) Paragraph (1) shall not apply in relation to a particular journey if, having regard to the lengths of road which the driver might drive along in the course of fulfilling the purpose of the journey and taking into account any possibility of unforeseen diversions and the driver having difficulty in finding his way, it is highly unlikely that the driver would during the course of the journey be confronted with any bridge or other overhead structure which does not exceed the maximum travelling height by at least 1m.

Textual Amendments

Vehicles to which regulation 10A appliesE+W+S

10B.—(1) Subject to the provisions of this regulation, regulation 10A applies to—

(a)a motor vehicle first used on or after 1st April 1993, if the vehicle or any relevant trailer drawn by it, is fitted with high level equipment with a maximum height of more than 3m; and

(b)a motor vehicle first used before 1st April 1993, if any relevant trailer drawn by it is fitted with such equipment.

(2) Regulation 10A does not apply to a motor vehicle if it has an overall travelling height of not more than 4m and—

(a)it is a vehicle registered or put into circulation in an EEA State and is being used in international traffic; or

(b)it is a motor vehicle drawing a trailer registered or put into circulation in an EEA State and that trailer is being used in international traffic, and

in this paragraph, “international traffic” and “registered or put into circulation” have the same meanings as in article 3 of Community Directive 85/3.

(3) Regulation 10A does not apply to—

(a)an agricultural motor vehicle;

(a)an industrial tractor;

(c)a works truck;

(d)a motor vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle so used while being driven by a person for the time being subject to orders of a member of the armed forces of the Crown;

(e)a motor vehicle drawing a trailer owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle drawing such a trailer while being driven by a person for the tine being subject to orders of a member of the armed forces of the Crown;

(f)a motor vehicle used by a fire brigade maintained under the Fire Services Act 1947;

(g)a motor vehicle that is constructed and normally used for the purpose of carrying at least two other vehicles;

(h)a motor vehicle drawing a car transporter; or

(i)a motor vehicle whose maximum travelling height does not exceed its overall travelling height.

Textual Amendments

Interpretation of regulations 10A and 10BE+W+S

10C.—(1) The following provisions of this regulation apply for the interpretation of this regulation and regulations 10A and 10B.

(2) Subject to paragraphs (4) and (5), a reference to high level equipment, in relation to a motor vehicle, is a reference to equipment which is so fitted to the vehicle that—

(a)the equipment can be raised by means of a power operated device, and

(b)the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(3) Subject to paragraph (4) and (5), a reference to high level equipment, in relation to a trailer drawn by a motor vehicle, is a reference to equipment which is so fitted to the trailer that—

(a)the equipment can be raised by means of a power operated device, and

(b)the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(4) A reference to high level equipment in relation to a tipper which is—

(a)a motor vehicle first used before 1st April 1998, or

(b)a trailer manufactured before that date,

shall be construed as not including the relevant part of the tipper.

(5) Where equipment fitted to a vehicle would otherwise be high level equipment, that equipment shall not be regarded as high level equipment if—

(a)the equipment is so designed and constructed that—

(i)it can be fixed in a stowed position by a locking device when travelling; and

(ii)it is not possible for a person in the cab to interfere with the locking device; and

(b)the equipment is fixed in that position by the locking device.

(6) The following expressions shall bear the following meanings—

(a)“EEA State” means a state which is a contracting party to the EEA Agreement; and

(b)“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;

(c)“maximum height”, in relation to any high level equipment fitted to a vehicle, means the height of the highest point of that equipment above the ground when it is raised as far as possible by means of that device and the vehicle is unladen;

(d)“maximum travelling height”, in relation to a motor vehicle to which regulation 10A applies, means—

(i)if the overall travelling height could be increased by raising any high level equipment fitted to the vehicle or to any relevant trailer drawn by [F83it] that is not for the time being at its maximum height, the greatest overall travelling height that could be achieved by raising such equipment (without making any other changes to the vehicle, its load or equipment or to any trailer drawn by it, its load or equipment); or

(ii)in any other case, the overall travelling height;

(e)“overall travelling height” has the meaning given by regulation 10(9)(b);

(f)“relevant part”, in relation to a tipper, shall be construed in accordance with sub-paragraph (g);

(g)“tipper” means a vehicle that is so constructed that it can be unloaded by part of the vehicle (in this regulation referred to as the “relevant part”) being tipped sideways or rearwards, and

a reference to equipment fitted to a vehicle includes part of the vehicle.

(7) “Relevant trailer” means a trailer manufactured on or after 1st April 1993 not being—

(a)an agricultural trailer;

(b)an agricultural trailed appliance;

(c)a works trailer;

(d)a trailer used by a fire brigade maintained under the Fire Services Act 1947;

(e)a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown.]

Textual Amendments

OverhangE+W+S

11.—(1) The overhang of a wheeled vehicle of a class specified in an item in column 2 of the Table shall not, subject to any exemption specified in that item in column 4, exceed the distance specified in that item in column 3.

TABLE

(regulation 11(1))

1 234
Item Class of vehicleMaximum overhangExemptions
1 Motor tractor1.83 m.

(a) a track-laying vehicle

(b) an agricultural motor vehicle

2Heavy motor car and motor car60% of the distance between the transverse plane which passes through the centre or centres of the foremost wheel or wheels and the transverse plane which passes through the foremost point from which the overhang is to be measured as provided in regulation 3(2).
(a)

a bus

(b)

a refuse vehicle

(c)

a works truck

(d)

a track-laying vehicle

(e)

an agricultural motor vehicle

(f)

a motor car which is an ambulance

(g)

a vehicle designed to dispose of its load to the rear, if the overhang does not exceed 1.15 m

(h)

a vehicle first used before 2nd January 1933

(i)

a vehicle first used before 1st January 1966 if—

(i)

the distance between the centres of the rearmost and foremost axles does not exceed 2.29 m, and

(ii)

the distance specified in column 3 is not exceeded by more than 76 mm

(j)

heating plant on a vehicle designed and mainly used to heat the surface of a road or other similar surface in the process of construction, repair or maintenance shall be disregarded.

(2) In the case of an agricultural motor vehicle the distance measured horizontally and parallel to the longitudinal axis of the rear portion of the vehicle between the transverse planes passing through the rearmost point of the vehicle and through the centre of the rear or the rearmost axle shall not exceed 3 m.

[F84(3) A heavy motor car shall be taken to comply with the requirements of paragraph (1) if it meets the requirements of paragraph 7.6.2 of Annex I of Community Directive 97/27.]

Textual Amendments

Commencement Information

I10Reg. 11 in force at 11.8.1986, see reg. 1

Minimum ground clearanceE+W+S

12.—(1) Save as provided in paragraph (2), a wheeled trailer which is—

(a)a goods vehicle; and

(b)manufactured on or after 1st April 1984,

shall have a minimum ground clearance of not less than 160 mm if the trailer has an axle interspace of more than 6 m but less than 11.5 m, and a minimum ground clearance of not less than 190 mm if the trailer has an axle interspace of 11.5 m or more.

(2) Paragraph (1) shall not apply in the case of a trailer—

(a)which is fitted with a suspension system with which, by the operation of a control, the trailer may be lowered or raised, while that system is being operated to enable the trailer to pass under a bridge or other obstruction over a road provided that at such times the system is operated so that no part of the trailer (excluding any wheel) touches the ground or is likely to do so; or

(b)while it is being loaded or unloaded.

(3) In this regulation—

“axle interspace” means—

(a)

in the case of a semi-trailer, the distance between the point of support of the semi-trailer at its forward end and, if it has only one axle, the centre of that axle or, if it has more than one axle, the point halfway between the centres of the foremost and rearmost of those axles; and

(b)

in the case of any other trailer, the distance between the centre of its front axle or, if it has more than one axle at the front, the point halfway between the centres of the foremost and rearmost of those axles, and the centre of its rear axle or, if it has more than one axle at the rear, the point halfway between the centre of the foremost and rearmost of those axles; and

“ground clearance” means the shortest distance between the ground and the lowest part of that portion of the trailer (excluding any part of a suspension, steering or braking system attached to any axle, any wheel and any air skirt) which lies within the area formed by the overall width of the trailer and the middle 70% of the axle interspace, such distance being ascertained when the trailer—

(a)

is fitted with suitable tyres which are inflated to a pressure recommended by the manufacturer, and

(b)

is reasonably horizontal and standing on ground which is reasonably flat.

Commencement Information

I11Reg. 12 in force at 11.8.1986, see reg. 1

[F85Turning circle—buses]E+W+S

13.—(1) This regulation applies to a bus first used on or after 1st April 1982.

(2) Every vehicle to which this regulation applies shall be able to move on either lock so that [F86, both with and without all its wheels in contact with the ground,] no part of it projects outside the area contained between concentric circles with radii of [F8712.5 m] and 5.3 m.

[F88(2A) In relation to a vehicle manufactured before 1st June 1998 paragraph (2) shall have effect as if the words “, both with and without all its wheels in contact with the ground,” were omitted.]

(3) When a vehicle to which this regulation applies moves forward from rest, on either lock, so that its outermost point describes a circle of [F8912.5 m] radius, no part of the vehicle shall project beyond the longitudinal plane which, at the beginning of the manoeuvre, defines the overall width of the vehicle on the side opposite to the direction in which it is turning by more than—

(a)0.8 m if it is a rigid vehicle; or

(b)1.2 m if it is an articulated bus.

(4) For the purpose of paragraph (3) the two rigid portions of an articulated bus shall be in line at the beginning of the manoeuvre.

Textual Amendments

Commencement Information

I12Reg. 13 in force at 11.8.1986, see reg. 1

[F90Turning circle—articulated vehicles other than those incorporating a car transporterE+W+S

13A—(1) Subject to paragraphs (2) and (3), this regulation applies to an articulated vehicle having an overall length exceeding 15.

5m.

(2) This regulation does not apply to an articulated vehicle, the semi-trailer of which–

(a)was manufactured before the 1st April 1990, [F91and]

F92(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)has an overall length that does not exceed the overall length it had on that date.

(3) This regulation does not apply to an articulated vehicle the semi-trailer of which is–

(a)a car transporter,

(b)a low loader,

(c)a stepframe low loader, or

(d)constructed and normally used for the conveyance of indivisible loads of exceptional length.

(4) Every vehicle to which this regulation applies shall be able to move on either lock so that, [F93both with and without all its wheels in contact with the surface of the road and] disregarding the things set out in [F94paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length”] in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5m and 5.3m.

[F95(5) In relation to a vehicle manufactured before 1st June 1998 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road and” were omitted.

(6) An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/EC, deemed to comply with paragraph 7.6.1 of that Annex.]

Textual Amendments

Turning circle—articulated vehicles incorporating a car transporterE+W+S

13B—(1) Subject to paragraphs (2) and (3) this regulation applies to an articulated vehicle having an overall length exceeding 15.

5m, the semi-trailer of which is a car transporter.

(2) This regulation does not apply to an articulated vehicle, the semi-trailer of which satisfied the following conditions–

(a)it was manufactured before the 1st April 1990, and

(b)the distance from the front of the trailer to the rearmost axle is no greater than it was on that date.

(3) This regulation does not apply to an articulated vehicle the semi-trailer of which is–

(a)a low loader, or

(b)a stepframe low loader.

(4) Every articulated vehicle to which this regulation applies shall be able to move on either lock so that, [F96both with and without all its wheels in contact with the surface of the road and] disregarding the things set out in [F97paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length”] in the Table in regulation 3(2), no part of–

(a)the motor vehicle drawing the car transporter, or

(b)the car transporter to the rear of the transverse plane passing through the king pin,

projects outside the area between concentric circles with radii of 12.5m and 5.3m.

[F98(5) In relation to a vehicle manufactured before 1st June 1998 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road” were omitted.

(6) An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/EC, deemed to comply with paragraph 7.6.1 of that Annex.]]

Textual Amendments

[F99Turning circle—heavy motor carE+W+S

13C.—(1) This regulation applies to a vehicle which—

(a)is a heavy motor car or a vehicle combination which consists of a heavy motor car drawing one trailer which is not a semi-trailer;

(b)was manufactured or, in the case of a vehicle combination, the part consisting of a heavy motor car, was manufactured after 31st May 1998; and

(c)is not a vehicle falling within any of the descriptions specified in paragraph (2).

(2) The descriptions of vehicle referred to in paragraph (1)(c) are—

(a)a vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4 metres;

(b)a vehicle or a vehicle combination to which regulation 13, 13A or 13B applies;

(c)a vehicle constructed and normally used for the carriage of indivisible loads of abnormal length.

(3) Every vehicle to which this regulation applies shall be able to move on either lock so that, both with and without all its wheels in contact with the surface of the road and disregarding the things set out in paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length” in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.]

Textual Amendments

Connecting sections and direction-holding of articulated busesE+W+S

14.—(1) This regulation applies to every articulated bus first used on or after 1st April 1982.

(2) The connecting section of the two parts of every articulated bus to which this regulation applies shall be constructed so as to comply with the provisions relating to such a section specified in paragraph 5.9 in ECE Regulation 36 as regards vehicles within the scope of that Regulation.

(3) Every articulated bus to which this regulation applies shall be constructed so that when the vehicle is moving in a straight line the longitudinal median planes of its two parts coincide and form a continuous plane without any deflection.

Commencement Information

I13Reg. 14 in force at 11.8.1986, see reg. 1

BE+W+SBRAKES

Braking systems of certain vehicles first used on or after 1st April 1983E+W+S

[F10015.—(1) Save as provided in paragraphs (2), (3) and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1983 or which, in the case of a trailer, is manufactured on or after 1st October 1982 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or which, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with regulations 16 and 17.

(1A) Save as provided in paragraphs (2),(3), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after the relevant date or which, in the case of a trailer, is manufactured on or after the relevant date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date to comply with the said requirements instead of complying with paragraph (1) or with regulations 16 and 17.

(1B) In paragraph (1A), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle of any other class is 1st April 1989.

(1C) Save as provided in paragraphs (2), (3), (3A) and (5A), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1992 or which, in the case of a trailer, is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 88/194, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1992 or which, in the case of a trailer, was manufactured before 1st October 1991 to comply with the said requirements instead of complying with paragraph (1) or (1A) or with regulations 16 and 17.

(1D) Save as provided in paragraphs (2), (3), (3A) and (5A), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1995 or which, in the case of a trailer, is manufactured on or after that date shall comply with the construction, fitting and performance requirements specified in Annexes I, II, and VII to Community Directive 91/422, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1995 or which, in the case of a trailer, was manufactured before that date to comply with the said requirements instead of complying with paragraph (1), (1A) or (1C) or with regulations 16 and 17.

(2) The requirements specified in paragraphs (1), (1A), (1C) and (1D) do not apply to—

(a)an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b)a locomotive;

(c)a motor tractor;

(d)an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e)a vehicle which has a maximum speed not exceeding 25 km/h;

(f)a works trailer;

(g)a works truck;

(h)a public works vehicle;

(i)a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub–paragraph (b), (c), (e), (g) or (h) of this paragraph applies;

[F101(j)a trailer falling within regulation 16(3)(b), (bb), (bc), (d), (e), (f) or (g);

(ja)a trailer which is manufactured before 1st January 1997 and has a maximum total design axle weight that does not exceed 750 kg; or]

(k)a vehicle manufactured by Leyland Vehicles Limited and known as the Atlantean Bus, if first used before 1st October 1984.

(3) The requirements specified in paragraphs (1), (1A), (1C) and (1D) shall apply to the classes of vehicles specified in the Table so that—

(a)in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647, 88/194 and 91/422 shall apply to every vehicle specified in that item other than—

(i)a double–decked vehicle first used before 1st October 1983, or

(ii)a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647, 88/194 or 91/422;

(b)in items 2 and 3—

(i)the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194 and 91/422 shall not apply in relation to any vehicle first used before 1st April 1996;

(ii)those requirements shall not apply in relation to any relevant bus first used on or after that date;

(iii)sub–note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194 and 91/422 shall not apply in relation to any vehicle,

and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;

(c)in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirement in paragraph 2.1.2.1 of Annex I to Community Directive 79/489 that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while continuing to steer the vehicle; and

(d)in items 1, 4, 5, 6, 7, 8, 9 and 10, the requirement specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489 shall not apply to a vehicle first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (1B) if either—

(i)following a test in respect of which the fee numbered 26024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990, or the corresponding fee prescribed under any corresponding previous enactment is payable, a document is issued by the Secretary of State indicating that, at the date of manufacture of the vehicle, the type to which it belonged complied with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04, 13.05 or 13.06; or

(ii)as a result of a notifiable alteration to the vehicle within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in sub–paragraph (i).

(3A) The requirements specified in paragraphs (1A), (1C) and (1D) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.

(3B) No motor vehicle to which paragraph (1D) applies and which is first used on or after 1st April 1996 shall be fitted with an integrated retarder unless either—

(a)the motor vehicle is fitted with an anti–lock device which acts on the retarder and which complies with the requirements specified in Annex X to Community Directive 91/422; or

(b)the retarder is fitted with a cut–out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat;

and expressions (other than the word “vehicle”) used in this paragraph which are also used in Annex I to Community Directive 85/647 shall, for the purposes of this paragraph, have the same meanings as in that Annex save that “retarder” shall not in any circumstances include a regenerative braking system.

(4) Instead of complying with paragraph (1) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.05 or 13.06.

(5A) Instead of complying with paragraph (1C) or (1D) of this regulation, a vehicle to which this regulation applies may comply—

(a)in the case of a trailer manufactured before 1st April 1992, with ECE Regulation 13.05 or 13.06; or

(b)in the case of any vehicle not falling within sub–paragraph (a), with ECE Regulation 13.06.

(6) In paragraph (3A), the expression “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3m3 carried on a vehicle.

(7) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, 88/194 or 91/422, the definitions of “semi–trailer”, “full trailer” and “centre–axle trailer” set out in that Directive shall apply and the meaning of “semi–trailer” in column 2 of the Table in regulation 3(2) shall not apply.

TABLE
(regulation 15(1))
123
ItemClass of VehicleVehicle Category in the Community Directive
1

Passenger vehicles and dual–purpose vehicles which have 3 or more wheels except—

(a)

dual–purpose vehicles constructed or adapted to carry not more than 2 passengers exclusive of the driver;

(b)

motor cycles with sidecar attached;

(c)

vehicles with three wheels, an unladen weight not exceeding 410kg, a maximum design speed not exceeding 50 km/h and an engine capacity not exceeding 50 cc;

(d)

buses.

M1
2Buses having a maximum gross weight which does not exceed 5000 kg.M2
3Buses having a maximum gross weight which exceeds 5000 kg.M3
4Dual–purpose vehicles not within item 1; and goods vehicles, having a maximum gross weight which does not exceed 3500 kg, and not being motor cycles with a sidecar attached.N1
Goods vehicles with a maximum gross weight which—
5exceeds 3500 kg but does not exceed 12,000 kg;N2
6exceeds 12,000 kg.N3
Trailers with a maximum total design axle weight which—
7does not exceed 750 kg;01
8exceeds 750 kg but does not exceed 3500 kg;02
9exceeds 3500 kg but does not exceed 10,000 kg;03
10exceeds 10,000 kg.04]

Textual Amendments

F100Reg. 15 set out as amended by The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), reg. 3 and previous regulations with minor adjustments to the punctuation and spelling, see S.I. 1995/551, reg. 3(13), Sch.

Commencement Information

I14Reg. 15 in force at 11.8.1986, see reg. 1

Braking systems of vehicles to which regulation 15 does not applyE+W+S

16.—(1) Save as provided in paragraphs (2) and (3), this regulation applies to every vehicle to which regulation 15 does not apply.

(2) Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to [F102regulation 15(1), (1A) [F103, (1C) or (1D)], or which complies with Community Directive 79/489, 85/647 [F103, 88/194 or 91/422] or ECE Regulation 13.03, 13.04, 13.05 or 13.06].

(3) This regulation does not apply to the following vehicles, except in the case of a vehicle referred to in (a) insofar as the regulation concerns parking brakes (requirements 16 to 18 in Schedule 3)—

(a)a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

[F104(b)a trailer which is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;

(ba)a trailer which has a maximum total design axle weight that does not exceed 750 kg;

(bb)a trailer which—

(i)is an agricultural trailer manufactured before 1st July 1947;

(ii)is being drawn by a motor tractor or an agricultural motor vehicle at a speed not exceeding 10 mph;

(iii)has a laden weight not exceeding 4070 kg; and

(iv)is the only trailer being drawn;

(bc)a trailer which is being drawn by a motor cycle in accordance with regulation 84;]

(c)an agricultural trailed appliance;

(d)an agricultural trailed appliance conveyor;

(e)a broken down vehicle;

(f)before 1st October 1986—

(i) a trailer with an unladen weight not exceeding 102 kg which was manufactured before 1st October 1982; and

(ii) a gritting trailer; or

(g)on or after 1st October 1986, a gritting trailer with a maximum gross weight not exceeding 2000 kg.

(4) Save as provided in paragraph (7), a vehicle of a class specified in an item in column 2 of the Table shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in Schedule 3.

TABLE

(regulation 16(4))

1234
Item Class of vehicleRequirements in Schedule 3 Exemptions or modifications
Motor cars
1First used before 1st January 1915.3, 6, 7, 13, 16Requirements 13 and 16 do not apply to a motor car with less than 4 wheels.
2First used on or after 1st January 1915 but before 1st April 1938.1, 4, 6, 7, 9, 16A works truck within items 1 to 11 is not subject to requirements 1, 2, 3 or 4 if it is equipped with one braking system with one means of operation.
3 First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before 1st January 1968.1, 4, 6, 7, 8, 9, 16
4Wheeled vehicles first used on or after 1st January 1968.1, 4, 6, 7, 8, 9, [F10515,] 18
Heavy motor cars
5 First used before 15th August 1928. 1, 6, 16
6First used on or after 15th August 1928 but before 1st April 1938.1, 4, 6, 7, 8, 16
7First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before 1st January 1968. 1, 4, 6, 7, 8, 9, 16
8Wheeled vehicles first used on or after 1st January 1968. 1, 4, 6, 7, 8, 9, [F10515,] 18
Motor cycles
9 First used before 1st January 1927. 3, and, in the case of three-wheeled vehicles, 16
10First used on or after 1st January 1927 but before 1st January 1968.2, 7, and, in the case of three-wheeled vehicles, 16
11First used on or after 1st January 1968 and not being a motor cycle to which paragraph (5) applies.2, 7, and, in the case of three-wheeled vehicles, 18
Locomotives
12 Wheeled vehicles first used before 1st June 1955.3, 6, 12, 16
13 Wheeled vehicles first used on or after 1st June 1955 but before 1st January 1968. 3, 4, 6, 7, 8, 9, 18
14Wheeled vehicles first used on or after 1st January 1968.3, 4, 6, 7, 8, 9, 18
15Track-laying vehicles.3, 6, 16
Motor tractors
16 Wheeled vehicles first used before 14th January 1931 and track-laying vehicles first used before 1st April 1938.3, 4, 6, 7, 16Industrial tractors within items 16 to 19 are subject to requirement 5 instead of requirement 4.
17 Wheeled vehicles first used on or after 14th January 1931 but before 1st April 1938.3, 4, 6, 7, 9, 16
18Wheeled vehicles first used on or after 1st April 1938 but before 1st January 1968. 3, 4, 6, 7, 8, 9, 16
19Wheeled vehicles first used on or after 1st January 1968.3, 4, 6, 7, 8, 9, 18
20Track-laying vehicles first used on or after 1st April 1938. 3, 4, 6, 7, 8, 16
Wheeled agricultural motor vehicles not driven at more than 20 mph
21First used before 1st January 1968.3, 4, 6, 7, 8, 16
22First used on or after 1st January 1968 but before 9th February 1980.3, 4, 6, 7, 8, 18
23 First used on or after 9th February 1980. 3, 5, 6, 7, 8, 18
Invalid carriages
24Whenever first used.3, 13
Trailers
25Manufactured before 1st April 1938.3, 10, 14, 17
26Manufactured on or after 1st April 1938 and being either a track-laying vehicle, an agricultural trailer or a vehicle manufactured before 1st January 1968.3, 8, 10, 14, 17Agricultural trailers are not subject to requirement 8.
27Wheeled vehicles manufactured on or after 1st January 1968, not being an agricultural trailer.3, 4, 8, 11, 15, 18Trailers equipped with brakes which come into operation on the overrun of the vehicle are not subject to requirement 15.

Provided that wheeled agricultural motor vehicles not driven at more than 20 mph are excluded from all items other than items 21 to 23.

[F106(5) Subject to paragraphs (5B) and (6), the braking system of a motor cycle to which this regulation applies and which is—

(a)of a class specified in an item in column 2 of the Table below; and

(b)first used on or after 1st April 1987 and before 22nd May 1995;

shall comply with ECE Regulation 13.05, 78 or 78.01 [F107or Community Directive 93/14] in relation to the category of vehicles specified in that item in column 3.

(5A) Subject to paragraph (6), the braking system of a motor cycle to which this regulation applies and which is—

(a)of a class specified in an item in column 2 of the Table below; and

(b)first used on or after 22nd May 1995;

shall comply with ECE Regulation 78.01 [F108or Community Directive 93/14] in relation to the category of vehicles specified in that item in column 3.

TABLE
(Regulation 16(5) and (5A))
123
ItemClass of Vehicle[F109Vehicle Category in ECE Regulations or Community Directive 93/14 (as the case may be)]
1Vehicles (without a sidecar attached) with two wheels, an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.L1
2Vehicles with three wheels (including two-wheeled vehicles with a sidecar attached) and with an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.L2
3

Vehicles with two wheels (without a sidecar attached) and with—

(a)

an engine capacity exceeding 50 cc, or

(b)

a maximum design speed exceeding 50 km/h.

L3
4

Vehicles with two wheels, a sidecar attached and—

(a)

an engine capacity exceeding 50 cc, or

(b)

a maximum design speed exceeding 50 km/h.

L4]

[F110[F111(5B)] In relation to a motor cycle with two wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L125, the Cosa LX125, the Cosa 200, the Cosa 200E, the Cosa L200 or the Cosa LX200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by–

(a)the omission of paragraph 4.4 (approval marks), and

(b)in paragraph 5.3.1.1, (independent braking devices and controls), the omission of the word “independent” in the first place where it appears,

but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.]

(6) Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

[F112(6A) Paragraph (5A) does not apply to—

(a)a vehicle with a maximum speed not exceeding 25 km/h; or

(b)a vehicle fitted for an invalid driver.]

(7) Instead of complying with the provisions of paragraph (4) of this Regulation an agricultural motor vehicle may comply with Community Directive 76/432 [F113or 96/63].

Textual Amendments

F106Reg. 16(5)(5A) and Table substituted for reg. 16(5) (1.4.1992) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1992 (S.I. 1992/352), regs. 1, 4(3)

Commencement Information

I15Reg. 16 in force at 11.8.1986, see reg. 1

Vacuum or pressure brake warning devicesE+W+S

17.—(1) Save as provided in paragraph (2), every motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system.

(2) The requirement specified in paragraph (1) does not apply in respect of—

(a)a vehicle to which [F114paragraph (1), (1A) [F115, (1C) or (1D)]] [F116of] regulation 15 applies, or which complies with the requirements of that regulation, of [F117Community Directive 79/489, 85/647 [F115, 88/194 or 91/422]] or of ECE Regulation 13.03, 13.04 [F118, 13.05 or 13.06];

(b)an agricultural motor vehicle which complies with Community Directive 76/432 [F119or 96/63];

(c)a vehicle with an unladen weight not exceeding 3050 kg propelled by an internal combustion engine, if the vacuum in the reservoir or reservoirs is derived directly from the induction system of the engine, and if, in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d)a vehicle first used before 1st October 1937.

Textual Amendments

Commencement Information

I16Reg. 17 in force at 11.8.1986, see reg. 1

[F120Couplings on trailer pneumatic braking systemsE+W+S

17A.—(1) In this regulation—

“BS coupling” means a coupling which—

(a)is of the type shown in figure 1, 4 or 5 of the British Standard specification; and

(b)complies with the dimensions shown in that figure;

“the British Standard specification” means the British Standard specification for dimensions of ‘contact’ type couplings for air pressure braking systems on trailers and semi-trailers and their towing vehicles, and the arrangements of these couplings on articulated and drawbar combinations, published by the British Standards Institution under reference number BS AU 138a: 1980;

“coupling”, “emergency line”, “secondary line” and “service line” have the same meanings as in the British Standard specification;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and

“EEA State” means a state which is a Contracting Party to the EEA Agreement.

(2) For the purposes of this regulation, a relevant coupling is a coupling that is physically capable of being connected to a BS coupling.

(3) Subject to paragraphs (6) and (7), no service line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a)is of the type shown in figure 2 of the British Standard specification;

(b)complies with the dimensions shown in that figure; and

(c)complies with paragraph 3.4.3 of that specification (except so far as it requires it to be of a type shown in that figure).

(4) Subject to paragraphs (6), (7) and (8) no emergency line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a)is of the type shown in figure 3 of the British Standard specification; and

(b)complies with the dimensions shown in that figure.

(5) Subject to paragraphs (6), (7) and (8) no secondary line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a)is of the type shown in figure 6 of the British Standard specification; and

(b)complies with the dimensions shown in that figure.

(6) For the purposes of paragraphs (3), (4) and (5), a reference to the dimensions shown in a figure in the British Standard specification does not include any dimension marked “M22×1.5”.

(7) Paragraph (3) shall not apply to a relevant coupling which fulfils the requirements of—

(a)a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b)any international standard recognised for use as a standard by any EEA State; or

(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with a BS coupling of the type shown in figure 1 of the British Standard specification equivalent to that provided by the British Standard specification as modified in accordance with paragraph (6).

(8) Paragraph (7) shall have effect—

(a)in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” there were substituted the words “figure 4”; and

(b)in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” there were substituted the words “figure 5”.]

Textual Amendments

Maintenance and efficiency of brakesE+W+S

18.—(1) Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

[F121(1A) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(1B) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.]

(2) Paragraph (3) applies to every wheeled motor vehicle except—

(a)an agricultural motor vehicle which is not driven at more than 20 mph;

(b)a works truck; F122...

(c)a pedestrian-controlled vehicle; [F123and

(d)an industrial tractor.]

(3) Every vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table I shall, subject to any exemption shown for that item in column 4, be so maintained that—

(a)its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b)if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor-cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 15 or 16 to be equipped with brakes.

TABLE I

(regulation 18(3))

1234
ItemClass of vehicleEfficiencies (%) Exemptions
(a) (b)
1A vehicle to which regulation 15 applies or which complies in all respects other than its braking efficiency with the requirements of that regulation or with [F124Community Directive 79/489, 85/647 [F125, 88/194 or 91/422]] or with ECE Regulation 13.03, 13.04 [F126, 13.05 or 13.06]—A motor cycle.
(a) when not drawing a trailer;50 25
(b) when drawing a trailer45 25
2A vehicle, not included in item 1 and not being a motor cycle, which is first used on or after 1st January 1968—
(a) when not drawing a trailer;50 25
(b) when not drawing a trailer manufactured on or after 1st January 1968; 50 25
(c) when drawing a trailer manufactured before 1st January 196840 15
3 Goods vehicles [F127and buses (in each case)] first used on or after 15th August 1928 but before 1st January 1968 having an unladen weight exceeding 1525 kg being—
(a) rigid vehicles with 2 axles not constructed to form part of an articulated vehicle—
(i) when not drawing a trailer 45 20
(ii) when drawing a trailer 40 15
(b) other vehicles, including vehicles constructed to form part of an articulated vehicle, whether or not drawing a trailer 40 15
4Vehicles not included in items 1 to 3— (a) a bus;
(a) having at least one means of operation applying to at least 4 wheels;50 25 (b) an articulated vehicle;
(b) having 3 wheels and at least one means of operation applying to all 3 wheels and not being a motor cycle with sidecar attached— (c) a vehicle constructed or adapted to form part of an articulated vehicle;
(i) when not drawing a trailer40 25 (d) a heavy motor car which is a goods vehicle first used before 15th August 1928.
(ii) in the case of a motor cycle when drawing a trailer40 25
(c) other
(i) when not drawing a trailer30 25
(ii) in the case of a motor cycle when drawing a trailer. 30 25

(4) A goods vehicle shall not be deemed to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to—

(a)if a plating certificate has been issued and is in force for the vehicle, the design gross weight shown in column (3) of that certificate or, if no such weight is so shown, the gross weight shown in column (2) of that certificate; and

(b)in any other case, the design gross weight of the vehicle.

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to gross weight and design gross weight are to be taken as references to train weight and design train weight respectively.

[F128(4A) A bus shall be deemed not to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(4B) For the purposes of paragraph (4A), the relevant weight,—

(a)in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and

(b)in relation to a bus first used before that date, is the weight specified in paragraph (4C).

(4C) The weight referred to in paragraph (4B)(b) is—

where—

X is the unladen weight of that bus in kilograms;

Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and

Z is—

(a)

in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8;

(b)

in the case of a PSV which is an articulated bus, the standing capacity; or

(c)

in any other case, nil.]

(5) The brakes of every agricultural motor vehicle which is first used on or after 1st June 1986 and is not driven at more than 20 mph, and of every agricultural trailer manufactured on or after 1st December 1985 shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum axle weights which the vehicle is designed to have.

(6) Every vehicle or combination of vehicles specified in an item in column 2 of Table II shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

TABLE II

(regulation 18(6))

12 3
ItemClass of vehicle or combinationPercentage gradient
1A vehicle specified in item 1 of Table I—
(a) when not drawing a trailer16
(b) when drawing a trailer12
2A vehicle to which requirement 18 in Schedule 3 applies by virtue of regulation 16.16
3A vehicle, not included in item 1, drawing a trailer manufactured on or after 1st January 1968 and required, by regulation 15 or 16, to be fitted with brakes. 16

(7) For the purpose of this regulation the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(8) A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency, to comply with regulation 15 or with [F129Community Directive 79/489, 85/647 [F130, 88/194 or 91/422]] or ECE Regulation 13.03, 13.04 [F131, 13.05 or 13.06].

[F132(9) In this regulation—

“PSV” means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981;

“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under section 26 of the Public Passenger Vehicles Act 1981.]

Textual Amendments

Commencement Information

I17Reg. 18 in force at 11.8.1986, see reg. 1

Application of brakes of trailersE+W+S

19.  Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver [F133(or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive)] is in a position and competent efficiently to apply the brakes of the trailer.

Provided that this regulation shall not apply to a trailer which—

(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b)F134... is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

Textual Amendments

Commencement Information

I18Reg. 19 in force at 11.8.1986, see reg. 1

CE+W+SWHEELS, SPRINGS, TYRES AND TRACKS

General requirement as to wheels and tracksE+W+S

20.  Every motor cycle and invalid carriage shall be a wheeled vehicle, and every other motor vehicle and every trailer shall be either a wheeled vehicle or a track-laying vehicle.

Commencement Information

I19Reg. 20 in force at 11.8.1986, see reg. 1

Diameter of wheelsE+W+S

F13521.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Springs and resilient materialE+W+S

22.—(1) Save as provided in paragraphs (3) and (4), every motor vehicle and every trailer shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.

(2) Save as provided in paragraphs (3) and (4)in the case of a track-laying vehicle—

(a)resilient material shall be interposed between the rims of the weight-carrying rollers and the road surface so that the weight of the vehicle, other than that borne by any wheel, is supported by the resilient material; and

(b)where the vehicle is a heavy motor car, motor car, or trailer it shall have suitable springs between the frame of the vehicle and the weight-carrying rollers.

(3) This regulation does not apply to—

(a)a wheeled vehicle with an unladen weight not exceeding 4070 kg and which is—

(i) a motor tractor any unsprung wheel of which is fitted with a pneumatic tyre;

(ii) a motor tractor used in connection with railway shunting and which is used on a road only when passing from one railway track to another in connection with such use;

(iii) a vehicle specially designed, and mainly used, for work on rough ground or unmade roads and every wheel of which is fitted with a pneumatic tyre and which is not driven at more than 20 mph;

(iv) a vehicle constructed or adapted for, and being used for, road sweeping and every wheel of which is fitted with either a pneumatic tyre or a resilient tyre and which is not driven at more than 20 mph;

(b)an agricultural motor vehicle which is not driven at more than 20 mph;

(c)an agricultural trailer, or an agricultural trailed appliance;

(d)a trailer used solely for the haulage of felled trees;

(e)a motor cycle;

(f)a mobile crane;

(g)a pedestrian-controlled vehicle all the wheels of which are equipped with pneumatic tyres;

(h)a road roller;

(i)a broken down vehicle; or

(j)a vehicle first used on or before 1st January 1932.

(4) Paragraphs (1) and (2)(b) do not apply to a works truck or a works trailer.

Commencement Information

I20Reg. 22 in force at 11.8.1986, see reg. 1

Wheel loadsE+W+S

23.—(1) Subject to paragraph (2) this regulation applies to—

(a)a semi-trailer with more than 2 wheels;

(b)a track-laying vehicle with more than 2 wheels; and

(c)any other vehicle with more than 4 wheels.

(2) This regulation does not apply to a road roller.

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be fitted with a compensating arrangement which will ensure that under the most adverse conditions every wheel will remain in contact with the road and will not be subject to abnormal variations of load.

(4) Paragraph (3) does not apply in respect of a steerable wheel on which the load does not exceed—

(a)if it is a wheeled vehicle, [F1364250 kg]; and

(b)if it is a track-laying vehicle, 2540 kg.

(5) In the application of paragraph (3) to an agricultural motor vehicle, wheels which are in line transversely on one side of the longitudinal axis of the vehicle shall be regarded as one wheel.

Textual Amendments

Commencement Information

I21Reg. 23 in force at 11.8.1986, see reg. 1

TyresE+W+S

24.—(1) Save as provided in paragraph (2), every wheel of a vehicle of a class specified in an item in column 2 of the Table shall be fitted with a tyre of a type specified in that item in column 3 which complies with any conditions specified in that item in column 4.

(2) The requirements referred to in paragraph (1) do not apply to a road roller and are subject, in the case of any item in the Table, to the exemptions specified in that item in column 5.

TABLE

(regulation 24(1))

12345
Item Class of vehicleType of tyreConditionsExemptions
1 Locomotives not falling in item 6Pneumatic or resilient
2Motor tractors not falling in item 6Pneumatic or resilientNo re-cut pneumatic tyre shall be fitted to any wheel of a vehicle with an unladen weight of less than 2540 kg unless the diameter of the rim of the wheel is at least 405 mm
3Heavy motor cars not falling in item 6Pneumatic

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

(a) a vehicle mainly used for work on rough ground;

(b) a tower wagon;

(c) a vehicle fitted with a turn-table fire escape;

(d) a refuse vehicle;

(e) a works truck;

(f) a vehicle first used before 3rd January 1933.

4Motor cars not falling in item 6 Pneumatic

No re-cut tyre shall be fitted to any wheel of a vehicle unless it is—

(a) an electrically propelled goods vehicle or,

(b) a goods vehicle with an unladen weight of at least 2540 kg and the diameter of the rim of the wheel is at least 405 mm.

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

(a)

a vehicle mainly used for work on rough ground;

(b)

a refuse vehicle;

(c)

a works truck;

(d)

a vehicle with an unladen weight not exceeding—

(i)

1270 kg if electrically propelled;

(ii)

1020 kg in any other case;

(e)

a tower wagon;

(f)

a vehicle fitted with a turn-table fire escape;

(g)

a vehicle first used before 3rd January 1933.

5Motor cyclesPneumatic No re-cut tyre shall be fitted

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

(a) a works truck;

(b) a pedestrian-controlled vehicle

6Agricultural motor vehicles which are not driven at more than 20 mphPneumatic or resilient The same as for item 2

The requirement in column 3 does not apply to a vehicle of which—

(a)

every steering wheel is fitted with a smooth-soled tyre which is not less than 60 mm wide where it touches the road; and

(b)

in the case of a wheeled vehicle, every driving wheel is fitted with a smooth-soled tyre which—

(i)

is not less than 150 mm wide if the unladen weight of the vehicle exceeds 3050 kg, or 76 mm wide in any other case, and either

(ii)

is shod with diagonal cross-bars not less than 76 mm wide or more than 20 mm thick extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm; or

(iii)

is shod with diagonal cross-bars of resilient material not less than 60 mm wide extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm.

7TrailersPneumatic

Except in the case of a trailer mentioned in paragraph (d) of column 5, no re-cut tyre shall be fitted to any wheel of a trailer drawn by a heavy motor car or a motor car if the trailer—

(a)

has an unladen weight not exceeding—

(i)

if it is a living van, 2040 kg; or

(ii)

in any other case, 1020 kg; or

(b)

is not constructed or adapted to carry any load, other than plant or other special appliance which is a permanent or essentially permanent fixture and has a gross weight not exceeding 2290 kg

(a)

an agricultural trailer manufactured before 1st December 1985;

(b)

an agricultural trailed appliance;

(c)

a trailer used to carry water for a road roller being used in connection with road works;

(d)

the following if every wheel which is not fitted with a pneumatic tyre is fitted with a resilient tyre—

(i)

a works trailer;

(ii)

a refuse vehicle;

(iii)

a trailer drawn by a heavy motor car every wheel of which is not required to be fitted with a pneumatic tyre;

(iv)

a broken down vehicle; or

(v)

a trailer drawn by a vehicle which is not a heavy motor car or a motor car.

(3) Save as provided in paragraph (4) a wheel of a vehicle may not be fitted with a temporary use spare tyre unless either—

(a)the vehicle is a passenger vehicle (not being a bus) first used before 1st April 1987; or

(b)the vehicle complies at the time of its first use with ECE Regulation 64 [F137or Community Directive 92/23].

(4) Paragraph (3) does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

Textual Amendments

Commencement Information

I22Reg. 24 in force at 11.8.1986, see reg. 1

Tyre Loads and Speed RatingsE+W+S

[F13825.—(1) Save as provided in [F139paragraphs (3), (4), (7A) and (7B)] any tyre fitted to the axle of a vehicle–

(a)which is a class of vehicle specified in an item in column 2 of Table I; and

(b)in relation to which the date of first use is as specified in that item in column 3 of that Table;

shall comply with the requirements specified in that item in column 4 of that Table.

[F140TABLE I
(regulation 25(1))
1234
ItemClass of vehicleDate of first useRequirements
1

Vehicles which are of one ormore of the following descriptions, namely–

(a)

goods vehicles,

(b)

trailers,

(c)

buses,

(d)

vehicles of a class mentioned in column 2 in Table III

Before 1st April 1991The requirements of paragraphs (5) and (6)
2

Vehicles which are of one ormore of the following descriptions–

(a)

goods vehicles,

(b)

trailers,

(c)

buses,

(d)

vehicles of a class mentioned in column 2 in Table III,

and do not fall within item 3 below

On or after1st April 1991The requirements of paragraphs (5), (6) and (7)
3

  • Vehicles of a class mentioned in paragraph (2)

On or after1st April 1991The requirements of paragraph (5)]

[F141(2) The classes of vehicle referred to in item 3 in column 2 of Table I are–

(a)engineering plant;

(b)track-laying vehicles;

(c)vehicles equipped with tyres of speed category Q;

(d)works trucks; and

(e)motor vehicles with a maximum speed not exceeding 30 mph, not being vehicles of a class specified in–

(i)items 2 and 3 of Table II; or

(ii)paragraph (7A) or sub-paragraphs (a) to (d) of this paragraph;

  • or trailers while being drawn by such vehicles.]

(3) Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is–

(a)broken down or proceeding to a place where it is to be broken up; and

(b)being drawn by a motor vehicle at a speed not exceeding 20 mph.

(4) Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that tyre is fitted to an axle of that vehicle, [F142paragraph (7) shall not apply to that tyre while it is being used for those purposes.]

(5) The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.

(6) The requirements of this paragraph are that the tyre shall be designed and [F143manufactured] adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table II in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).

TABLE II
(regulation 25(6))
1234
ItemClass of vehicleSpeed (mph)Variation to the [F144load-capacity index] expressed as a percentage
[F144Tyres marked in accordance with ECE Regulation 30, 30.01 or 30.02] [F145and relevant car tyres]Tyres marked in accordance with ECE Regulation 54 [F146and relevant commercial vehicle tyres]
1A vehicle of a class for which maximum speeds are prescribed by Schedule 6 to the 1984 Act [F147other than an agricultural motor vehicle]The highest speed so prescribedSingle wheels: noneNone
Dual wheels: 95.5%
2An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of not more than 25 mph [F148The maximum speed of the vehicle]None150%
3An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of more than 25 mph and not more than 40 mph [F149The maximum speed of the vehicle]None130%
4An electrically propelled vehicle used only within a radius of 25 miles from the permanent base at which it is normally kept and having a maximum speed of more than 40 mph and not more than 50 mph [F150The maximum speed of the vehicle]None115%
5A local service bus50None110%
6A restricted speed vehicle50NoneThe relevant % variation specified in Annex 8 to ECE Regulation 54 [F151or Appendix 8 to Annex II to Community Directive 92/23]
7A low platform trailer [F152, an agricultural motor vehicle, an agricultural trailer, an agricultural trailed appliance or an agricultural trailed appliance conveyor]40NoneThe relevant % variation specified in Annex 8 to ECE Regulation 54 [F151or Appendix 8 to Annex II to Community Directive 92/23]
8A municipal vehicle40None115%
9A multi-stop local collection and delivery vehicle if not falling within the class of vehicle described in items 2 or 3 above40None115%
10A light trailer or any trailer equipped with tyres of speed category F or G60Single wheels: 110%The relevant variation specified in Annex 8 to ECE
Dual wheels: 105%Regulation 54 [F151or Appendix 8 to Annex II to Community Directive 92/23]
11A trailer not falling in items 6–1060Single wheels: noneNone
Dual wheels: 95.5%
12A [F153motor] vehicle not falling in items 1–1170Single wheels: noneNone
Dual wheels: 95.5%

(7) The requirement of this paragraph is that the tyre when first fitted to the vehicle [F154was marked with a designated approval mark or] complied with the requirements of [F155ECE Regulation 30, 30.01, 30.02] or 54, but this requirement shall not apply to a retreaded tyre.

[F156(7A) The requirements of paragraphs (6) and (7) shall not apply to [F157any tyre fitted to the axle of] a vehicle of a class specified in an item in column 2 of Table III while [F158the vehicle] is being driven or drawn at a speed not exceeding that specified in that item in column 3 of that Table.

TABLE III
(regulation 25(7A))
123
ItemClass of vehicleSpeed (mph)
1Agricultural motor vehicles20
2Agricultural trailers20
3Agricultural trailed appliances20
4Agricultural trailed appliance conveyors20
5Works trailers18]

[F159(7B) Paragraph (7C) applies where a tyre fitted to the axle of a vehicle—

(a)bears a speed category symbol and load–capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;

(b)is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and

(c)is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table III above.

(7C) In the circumstances mentioned in paragraph (7B), paragraph (7) shall not apply to the tyre if—

(a)the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the less), and

(b)the load on the tyre does not exceed the load indicated by the load–capacity index.]

(8) A vehicle of a class described in column 2 in Table II first used on or after 1st April 1991 shall not be used on a road–

(a)in the case where there is no entry in column 4 specifying a variation to the [F160load-capacity index] expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the [F160load-capacity index]; or

(b)in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the [F160load-capacity index] expressed as a percentage.

(9) In this regulation–

[F161“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 33 in Schedule 4 to those Regulations (that item being a marking relating to Community Directive 92/23);]

“dual wheels” means two or more wheels which are to be regarded as one wheel by virtue of paragraph 7 of regulation 3 in the circumstances specified in that paragraph;

“load-capacity index” has the same meaning as in [F162paragraph 2.28 of Annex II to Community Directive 92/23 or] paragraph 2.29 of ECE Regulation 30.02 or [F163paragraph 2.27] of ECE Regulation 54;

“local service bus” means a bus being used in the provision of a local service as defined in section 2 of the Transport Act 1985;

“municipal vehicle” means a motor vehicle or trailer limited at all times to use by a local authority, or a person acting in pursuance of a contract with a local authority, for road cleansing, road watering or the collection and disposal of refuse, night soil or the contents of cesspools, or the purposes of the enactments relating to weights and measures or the sale of food and drugs;

“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within a radius of 25 miles from the permanent base at which it is normally kept;

“single wheels” means wheels which are not dual wheels; and

“speed category” has the same meaning as in [F164paragraph 2.29 of Annex II to Community Directive 92/23 or] [F165paragraph 2.28] of ECE Regulation 54.

[F166(9A) For the purposes of this regulation, a tyre is a “relevant car tyre” if—

(a)it has been marked with a designated approval mark, and

(b)the first two digits of the approval number comprised in the mark are “02”.

(9B) For the purposes of this regulation, a tyre is a “relevant commercial vehicle tyre” if—

(a)it has been marked with a designated approval mark, and

(b)the first two digits of the approval number comprised in the mark are “00”.]

(10) In this regulation any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.]

Textual Amendments

Mixing of tyresE+W+S

26.—(1) Save as provided in paragraph (5) pneumatic tyres of different types of structure shall not be fitted to the same axle of a wheeled vehicle.

(2) Save as provided in paragraphs (3) or (5), a wheeled motor vehicle having only two axles each of which is equipped with one or two single wheels shall not be fitted with—

(a)a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply tyre is fitted on its front axle; or

(b)a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

(3) Paragraph (2) does not apply to a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant or to a vehicle which has a maximum speed not exceeding 30 mph.

(4) Save as provided in paragraph (5) pneumatic tyres fitted to—

(a)the steerable axles of a wheeled vehicle; [F167or]

(b)the driven axles of a wheeled vehicle, not being steerable axles,

shall all be of the same type of structure.

(5) Paragraphs (1), (2), and (4) do not prohibit the fitting of a temporary use spare tyre to a wheel of a passenger vehicle (not being a bus) unless it is driven at a speed exceeding 50 mph.

(6) In this regulation—

“axle” includes—

(i)

two or more stub axles which are fitted on opposite sides of the longitudinal axis of the vehicle so as to form—

(a)

a pair in the case of two stub axles; and

(b)

pairs in the case of more than two stub axles; and

(ii)

a single stub axle which is not one of a pair;

“a bias-belted tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, and are constrained by a circumferential belt comprising two or more layers of substantially inextensible cord material laid at alternate angles smaller than those of the ply cord structure;

“a diagonal-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, but not being a bias-belted tyre;

“a driven axle” means an axle through which power is transmitted from the engine of a vehicle to the wheels on that axle;

“a radial-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at an angle of substantially 90 degrees to the peripheral line of the tread, the ply cord structure being stabilised by a substantially inextensible circumferential belt;

“stub axle” means an axle on which only one wheel is mounted; and

“type of structure”, in relation to a tyre, means a type of structure of a tyre of a kind defined in the foregoing provisions of this paragraph.

Textual Amendments

Commencement Information

I23Reg. 26 in force at 11.8.1986, see reg. 1

Condition and maintenance of tyresE+W+S

27.—(1) Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if—

(a)the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b)the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c)the tyre has a cut in excess of 25 mm or 10% of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;

(d)the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;

(e)the tyre has any of the ply or cord exposed;

(f)the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;

(g)either—

(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or

(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; or

(h)the tyre is not maintained in such condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in the vehicle or to other persons using the road.

(2) Paragraph (1) does not prohibit the use on a road of a motor vehicle or trailer by reason only of the fact that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which has any of the defects described in sub-paragraph (c), (d) or (e) of paragraph (1), if the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the motor vehicle or trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

(3) Paragraph (1)(a) does not prohibit the use on a road of a passenger vehicle (not being a bus) by reason only of the fact that a wheel of the vehicle is fitted with a temporary use spare tyre, unless the vehicle is driven at a speed exceeding 50 mph.

(4) (a) Nothing in paragraph (1)(a) to (g) applies to—

(i) an agricultural motor vehicle that is not driven at more than 20 mph;

(ii) an agricultural trailer;

(iii) an agricultural trailed appliance; or

(iv) a broken down vehicle or a vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a motor vehicle at a speed not exceeding 20 mph.

(b)Nothing in paragraph (1)(f) and (g) applies to—

(i) a three-wheeled motor cycle the unladen weight of which does not exceed 102 kg and which has a maximum speed of 12 mph; or

(ii) a pedestrian-controlled works truck.

(c)Nothing in paragraph (1)(g) applies to a motorcycle with an engine capacity which does not exceed 50 cc.

[F168(d)With effect from 1st January 1992, paragraph 1(f) and (g) shall not apply to the vehicles specified in sub-paragraph (e) of this paragraph but such vehicles shall comply with the requirements specified in sub-paragraph (f) of this paragraph.

(e)The vehicles mentioned in sub-paragraph (d) are–

(i)passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver;

(ii)goods vehicles with a maximum gross weight which [F169does] not exceed 3500 kg; and

(iii)light trailers not falling within sub-paragraph (ii);

first used on or after 3rd January 1933.

(f)The requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band [F170comprising] the central three-quarters of the breadth of tread and round the entire outer circumference of the tyre.]

(5) A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle or trailer if—

(a)its ply or cord has been cut or exposed by the recutting process; or

(b)it has been wholly or partially recut in a pattern other than the manufacturer's recut tread pattern.

(6) (a) In this regulation—

“breadth of tread” means the breadth of that part of the tyre which can contact the road under normal conditions of use measured at 90 degrees to the peripheral line of the tread;

“original tread pattern” means in the case of—

  • a re-treaded tyre, the tread pattern of the tyre immediately after the tyre was re-treaded;

  • a wholly recut tyre, the manufacturer's recut tread pattern;

  • a partially recut tyre, on that part of the tyre which has been recut, the manufacturer's recut tread pattern, and on the other part, the tread pattern of the tyre when new, and

  • any other tyre, the tread pattern of the tyre when the tyre was new.

“tie-bar” means any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of such tread pattern;

“tread pattern” means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any—

(i)

tie bars or tread wear indicators;

(ii)

features which are designed to wear out substantially before the rest of the pattern under normal conditions of use; and

(iii)

other minor features; and

“tread wear indicator” means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between two or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern.

(b)The references in [F171this regulation] to grooves are references—

  • if a tyre has been recut, to the grooves of the manufacturer's recut tread pattern; and

  • if a tyre has not been recut, to the grooves which showed when the tyre was new.

[F172(c)A reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.]

Textual Amendments

Commencement Information

I24Reg. 27 in force at 11.8.1986, see reg. 1

TracksE+W+S

28.—(1) Every part of every track of a track-laying vehicle which comes into contact with the road shall be flat and have a width of not less than 12.5 mm.

(2) The area of the track which is in contact with the road shall not at any time be less than 225 cm2 in respect of every 1000 kg of the total weight which is transferred to the road by the tracks.

(3) The tracks of a vehicle shall not have any defect which might damage the road or cause danger to any person on or in the vehicle or using the road, and shall be properly adjusted and maintained in good and efficient working order.

Commencement Information

I25Reg. 28 in force at 11.8.1986, see reg. 1

DE+W+SSTEERING

Maintenance of steering gearE+W+S

29.  All steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.

Commencement Information

I26Reg. 29 in force at 11.8.1986, see reg. 1

EE+W+SVISION

View to the frontE+W+S

30.—(1)  Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.E+W+S

(2)  Instead of complying with the requirement of paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643 [F173, 88/366, 90/630] or, in the case of an agricultural motor vehicle, 79/1073.

(3)  All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

Textual Amendments

Commencement Information

I27Reg. 30 in force at 11.8.1986, see reg. 1

GlassE+W+S

31.—(1)  This regulation applies to a motor vehicle which is—E+W+S

(a) a wheeled vehicle, not being a caravan, first used before 1st June 1978;

(b) a caravan first used before 1st September 1978; or

(c) a track-laying vehicle.

(2)  The glass fitted to any window specified in an item in column 3 of the Table of a vehicle of a class specified in that item in column 2 shall be safety glass.

TABLE

(regulation 31(2))

12 3
ItemClass of vehicle Windows
1Wheeled vehicles first used on or after 1st January 1959, being passenger vehicles or dual-purpose vehicles.Wind screens and all outside windows.
2Wheeled vehicles first used on or after 1st January 1959, being goods vehicles (other than dual-purpose vehicles), locomotives or motor tractors.Windscreens and all windows in front of and on either side of the driver's seat.
3Wheeled vehicles not mentioned in item 1 or 2.Windscreens and windows facing to the front on the outside, except glass fitted to the upper decks of a double-decked vehicle.
4Track-laying vehicles.Windscreens and windows facing to the front.

(3)  For the purposes of this regulation any windscreen or window at the front of the vehicle the inner surface of which is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

[F174(4) In this regulation and in regulation 32–

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and

[F175“designated approval mark” means the marking designated as an approval mark by Regulation 5 of the Approval Marks Regulations and shown at item 31 or 32 in Schedule 4 to those Regulations (those items being markings relating to Community Directive 92/22); and]

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.]

[F176(5) Paragraph (2) does not apply to glass which is legibly and permanently marked with a designated approval mark.]

Textual Amendments

Commencement Information

I28Reg. 31 in force at 11.8.1986, see reg. 1

32.—(1)  This regulation applies to—E+W+S

(a) a caravan first used on or after 1st September 1978, and

(b) a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2)  Save as provided in paragraphs (3) to (9) the windows specified in column 2 of Table I in relation to a vehicle of a class specified in that column shall be constructed of the material specified in column 3 of that Table.

TABLE I

(regulation 32(2))

12 3
ItemWindowMaterial
1Windscreens and other windows wholly or partly on either side of the driver's seat fitted to motor vehicles first used on or after 1st April 1985.Specified safety glass (1980).
2Windscreens and other windows wholly or partly on either side of the driver's seat fitted to a motor vehicles first used before 1st April 1985.Specified safety glass, or specified safety glass (1980).
3All other windows.Specified safety glass, specified safety glass (1980), or safety glazing.

(3)  The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4)  The windscreens of motorcycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5)  Any windscreens or other windows which are wholly or partly in front of or on either side of the driver's seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken, shall—

(a) be constructed of safety glazing; and

(b) be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6)  Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7)  Windows being—

(a) windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (other than agricultural motor vehicles first used on or after 1st June 1986 and driven at more than 20 mph) which are wholly or partly in front of or on either side of the driver's seat;

(b) windows of the upper deck of a double-decked bus; or

(c) windows in the roof of a vehicle,

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(8)  In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9)  No requirement in this regulation that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall apply to a windscreen or other window which is—

(a) manufactured in France;

(b) marked with a marking consisting of the letters “TP GS” or “TP GS E”; and

(c) fitted to a vehicle first used before 1st October 1986.

(10)  Save as provided in paragraph (11), the windscreens or other windows constructed in accordance with the foregoing provisions of this regulation of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table II in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure specified in a document specified in relation to those windows in column 5.

TABLE II

(regulation 32(10))

12345
ItemClass of Vehicles WindowsPercentage Documents specifying procedure
1Motor vehicles first used before 1st April 1985All windows 70 British Standard Specification No. 857 or No. 5282
2 Motor vehicles first used on or after 1st April 1985 and trailers (a) Windscreens 75 The documents mentioned in sub-paragraph (i), (ii) or (iii) of the definition in paragraph (13) of “specified safety glass (1980).”
(b) All other windows70

(11)  Paragraph (10) does not apply to—

(a) any part of any windscreen which is outside the vision reference zone;

(b) windows through which the driver when in the driver's seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c) windows in any motor ambulance which are not wholly or partly in front of or on either side of any part of the driver's seat; or

(d) windows in any bus, goods vehicle, locomotive, or motor tractor other than windows which—

(i) are wholly or partly in front of or on either side of any part of the driver's seat;

(ii)face the rear of the vehicle; or

(iii)form the whole or part of a door giving access to or from the exterior of the vehicle.

(12)  For the purposes of this regulation any window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

[F177(12A) Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(12B) Paragraph (10) does not apply to a window if—

(a)it is a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b)it is not a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark.

(12C) This paragraph applies to a side or rear window if—

(a)any part of it is on either side of or forward of the driver’s seat; or

(b)any part of it is within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by regulation 33 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by regulation 33 if, were it to be removed, the vehicle would nevertheless meet the requirements of regulation 33.]

(13)  In this regulation, unless the context otherwise requires—

“British Standard Specification No. 857” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088;

“British Standard Specification No. 5282” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185;

“British Standard Specification BS AU 178” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178;

F178...

F178...

[F179“designated approval mark” means—

(a)

in relation to a windscreen, the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 in Schedule 4 to those Regulations, and

(b)

in relation to a window other than a windscreen, the markings designated as approval marks by regulation 5 of those Regulations and shown at item 32 in Schedule 4 to those Regulations.]

“safety glazing” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts;

“security vehicle” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either—

(i)

persons who are likely to require protection from any criminal offence involving violence; or

(ii)

dangerous substances, bullion, money, jewellery, documents or other goods or burden which, by reason of their nature or value, are likely to require protection from any criminal offence;

“specified safety glass” means glass complying with the requirements of either—

(i)

British Standard Specification No. 857 (including the requirements as to marking); or

(ii)

British Standard Specification No. 5282 (including the requirements as to marking);

“specified safety glass (1980)” means glass complying with the requirements of either—

(i)

the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088, Amendment Slip No. 2 published on 30th September 1980 under the number AMD 3402, and Amendment Slip No. 4 published on 15th February 1981 under the number AMD 3548 (including the requirements as to marking); or

(ii)

British Standard Specification BS AU 178 (including the requirements as to marking); or

(iii)

ECE Regulation 43 (including the requirements as to marking).

“vision reference zone” means either—

(i)

the primary vision area as defined in British Standard Specification No. 857;

(ii)

Zone 1, as defined in British Standard Specification No. 5282;

(iii)

Zone B (as regards passenger vehicles other than buses) and Zone 1 (as regards all other vehicles) as defined in British Standard Specification BS AU 178 and in ECE Regulation 43; and

“windscreen” includes a windshield;

Textual Amendments

Commencement Information

I29Reg. 32 in force at 11.8.1986, see reg. 1

MirrorsE+W+S

33.—(1)  Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors, if any, as are specified in that item in column 3; and any mirror which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in column 4.E+W+S

(2)  Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 6 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3)  Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 7 or 8 of the Table which is first used on or after 1st April 1969 the edges of any mirror fitted internally shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.

(4)  Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 5, or within item 6, of the Table—

(a) each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;

(b) each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c) where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d) each interior mirror shall be capable of being adjusted by the driver when in his driving position; and

(e) except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver's side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

TABLE

(regulation 33(1))

1 234
ItemClass of vehicleMirrors to be fittedRequirements to be complied with by any mirrors fitted
1

A motor vehicle which is—

(a)

drawing a trailer, if a person is carried on the trailer so that he has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear;

(b)

(i)

a works truck;

(ii)

a track-laying agricultural motor vehicle; and

(iii)

a wheeled agricultural motor vehicle first used before 1st June 1978,

if, in each case, the driver can easily obtain a view to the rear;

(c)

a pedestrian-controlled vehicle;

(d)

a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; or

(e)

an agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which—

(i)

is a track-laying vehicle or

(ii)

is a wheeled vehicle first used before 1st June 1978

No requirement

(a) If the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive [F18086/562] [F181or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01] and paragraph (4) of this regulation.

(b) In other cases, none, except as specified in paragraph (3).

2

A motor vehicle, not included in Item 1, which is—

(a) a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978;

(b) an agricultural motor vehicle, not being a track-laying vehicle with an unladen weight not exceeding 7370 kg (which falls in item 8) or a wheeled agricultural motor vehicle first used after 1st June 1986 which is driven at more than 20 mph (which falls in item (6)); or

(c) a works truck.

At least one mirror fitted externally on the offside None except as specified in paragraphs (2) and (3).
3

A wheeled motor vehicle not included in item 1 first used on or after 1st April 1983 which is—

(a) a bus; or

(b) a goods vehicle with a maximum gross weight exceeding 3500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 4.

Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive [F18086/562] [F182or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01] or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 6Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive [F18086/562] [F183or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01].
4A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988Mirrors complying with paragraph 2.1 of Annex III to Community Directive [F18086/562] [F184or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01]Annex II to Community Directive [F18086/562] [F183or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01].
5A two-wheeled motor cycle with or without a sidecar attachedNo requirement

(a) If the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive [F18086/562] [F183or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01] and paragraph (4) of this regulation.

(b) In other cases, none.

6A wheeled motor vehicle not in items 1 to 5, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978)

(i) At least one mirror fitted externally on the offside of the vehicle; and

(ii) at least one mirror fitted internally, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and

(iii) at least one mirror fitted externally on the nearside of the vehicle unless a mirror which gives the driver an adequate view to the rear is fitted internally

Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive [F18086/562] [F183or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01] and paragraphs (2) and (4) of this regulation.
7

A wheeled motor vehicle, not in items 1 to 5, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is—

(a) a bus;

(b) a dual-purpose vehicle; or

(c) a goods vehicle.

At least one mirror fitted externally on the offside of the vehicle and at least one mirror fitted either internally or externally on the near-side of the vehicle None, except as specified in paragraph (3).
8A motor vehicle, whether wheeled or track-laying, not in items 1 to 7At least one mirror fitted either internally or externallyNone, except as specified in paragraph (3).

[F185(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—

(a)if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01];

(b)if it is a goods vehicle first used on or after 1st August 1989—

(i)in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01]; and

(ii)in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01];

(c)if it is an agricultural motor vehicle with Community Directive 71/127, 74/346, 79/795, 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01];

(d)if it is a two-wheeled motor cycle with or without a side-car with Community Directive 71/127, 79/795, 80/780, 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01]; and

(e)if it is any other vehicle with Community Directive 71/127, 79/795, 85/205 [F186, 86/562 or 88/321 or ECE Regulation 46.01].]

(6)  Instead of complying with the provisions of column 4 in items 3, 5 or 6 of the Table a mirror may comply with the requirements as to construction and testing set out either in Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6, or in Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6.

(7)  In this regulation “mirror” means a mirror to assist the driver of a vehicle to become aware of traffic—

(i)if it is an internal mirror, to the rear of the vehicle; and

(ii)if it is an external mirror fitted on one side of the vehicle, rearwards on that side of the vehicle.

In the case of an agricultural motor vehicle or a vehicle described in items 2 or 6 in the Table when drawing a trailer, the references to a vehicle in sub-paragraphs (i) and (ii) include references to the trailer so drawn.

Textual Amendments

Commencement Information

I30Reg. 33 in force at 11.8.1986, see reg. 1

Windscreen wipers and washersE+W+S

34.—(1)  Subject to paragraphs (4) and (5), every vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.

(2)  Save as provided in paragraphs (3), (4) and (5), every wheeled vehicle required by paragraph (1) to be fitted with a wiper or wipers shall also be fitted with a windscreen washer capable of cleaning, in conjunction with the windscreen wiper, the area of the windscreen swept by the wiper of mud or similar deposit.

(3)  The requirement specified in paragraph (2) does not apply in respect of—

(a) an agricultural motor vehicle (other than a vehicle first used on or after 1st June 1986 which is driven at more than 20 mph);

(b) a track-laying vehicle;

(c) a vehicle having a maximum speed not exceeding 20 mph; or

(d) a vehicle being used to provide a local service, as defined in the Transport Act 1985.

(4)  Instead of complying with paragraphs (1) and (2), a vehicle may comply with Community Directive 78/318.

(5)  Instead of complying with paragraph (1) an agricultural motor vehicle may comply with Community Directive 79/1073.

(6)  Every wiper and washer fitted in accordance with this regulation shall at all times while a vehicle is being used on a road be maintained in efficient working order and be properly adjusted.

Commencement Information

I31Reg. 34 in force at 11.8.1986, see reg. 1

FE+W+SINSTRUMENTS AND EQUIPMENT

SpeedometersE+W+S

35.—(1) Save as provided in paragraphs (2) and (3), every motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch, separately.

(2) Paragraph (1) does not apply to—

(a)a vehicle having a maximum speed not exceeding 25 mph;

(b)a vehicle which it is at all times unlawful to drive at more than 25 mph;

(c)an agricultural motor vehicle which is not driven at more than 20 mph;

(d)a motor cycle first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc;

(e)an invalid carriage first used before 1st April 1984;

(f)a works truck first used before 1st April 1984;

(g)a vehicle first used before 1st October 1937; or

(h)a vehicle equipped with recording equipment marked with a marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 3 in Schedule 4 to those Regulations (whether or not the vehicle is required to be equipped with that equipment) and which, as regards the visual indications given by that equipment of the speed of the vehicle, complies with the requirements relating to the said indications and installations specified in the Community Recording Equipment Regulation.

(3) Instead of complying with paragraph (1) a vehicle may comply with [F187Community Directive 97/39] or with ECE Regulation 39.

Textual Amendments

Commencement Information

I32Reg. 35 in force at 11.8.1986, see reg. 1

Maintenance of speedometersE+W+S

36.—(1) Every instrument for indicating speed fitted to a motor vehicle—

(a)in compliance with the requirements of regulation 35(1) or (3); or

(b)to which regulation 35(2)(h) relates and which is not, under the Community Recording Equipment Regulation, required to be equipped with the recording equipment mentioned in that paragraph,

shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.

(2) In this regulation “all material times” means all times when the motor vehicle is in use on a road except when—

(a)the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or

(b) as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.

Commencement Information

I33Reg. 36 in force at 11.8.1986, see reg. 1

Speed limitersE+W+S

[F18836A.—(1) Subject to paragraph (13), this regulation applies to every coach which—

(a)was first used on or after 1st April 1974 and before 1st January 1988; and

(b)has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding [F189112.65 km/h]; and a reference to this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraph (13), this regulation also applies to every bus which—

(a)is first used on or after 1st January 1988;

(b)has a maximum gross weight exceeding 7.5 tonnes; and

(c)has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding [F190100 km/h]; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

F191(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (5) to (9) are met as apply to that speed limiter.

(5) Subject to paragraph (10), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a)be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply; and

(b)be maintained in good and efficient working order.

(6) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle must be calibrated to a set speed not exceeding [F192112.65 km/h].

[F193(7) The requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be calibrated to a set speed not exceeding 100 km/h.]

(8) Subject to paragraphs (11) and (12), the requirements of this paragraph are that a speed limiter fitted at any time to any paragraph (1) vehicle or a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24.

(9) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (8) applies) fitted to a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24.

[F194(9A) Until 1st July 1999, in relation to a vehicle used exclusively for transport operations in the United Kingdom and first used before 1st July 1998, paragraph (2)(c) and paragraph (7) shall have effect as if for “100 km/h” there were in each case substituted “105 km/h”.]

(10) Paragraph (5)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b)a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

(11) Paragraph (8) does not apply to a speed limiter fitted before 1st October 1988.

(12) Paragraph (8) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(13) This regulation does not apply to a vehicle—

(a)being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced; or

(b)completing a journey in the course of which the speed limiter has accidentally ceased to function.

(14) In this regulation“authorised sealer” has the meaning given in Schedule 3B; “equivalent standard” means—

(a)a standard or code of practice of a national standards body or equivalent body of any member State;

(b)any international standard recognised for use as a standard by any member State; or

(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any member State, where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard. “Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS AU 217: Part 1: 1987 and which came into effect on 29th May 1987; as amended by Amendment Slip No.1 under the number AMD 5969 which was published and came into effect on 30th June 1988; “set speed”, in relation to a calibrated speed limiter fitted to a vehicle, means the speed intended by the person who calibrated the speed limiter to be the mean speed of the vehicle when operating in a stabilised condition; “speed limiter” means a device designed to limit the maximum speed of a motor vehicle by controlling the power output from the engine of the vehicle. F195....]

Textual Amendments

[F18836B.—(1) Subject to paragraphs (5) and (14), this regulation applies to every motor vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c)is first used on or after 1st August 1992; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraphs (5) and (14), this regulation also applies to every vehicle which—

(a)is a goods vehicle;

(b)has a maximum gross weight exceeding 12,000 kg;

(c)is first used on or after 1st January 1988; and

(d)has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 56 mph; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

F196(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a)be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment or against any interruption of its power supply; and

(b)be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle or a paragraph (3) vehicle must be calibrated to a set speed not exceeding 60 mph.

[F197(9) Subject to paragraph (11A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be set at a speed not exceeding 85 km/h and the stabilised speed of the vehicle must not exceed 90 km/h.]

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date or a speed limiter fitted at any time to a paragraph (3) vehicle must comply with—

(a)Part 1 of the British Standard; or

(b)the Annexes to Community Directive 92/24.

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24.

[F198(11A) Where —

(a)a speed limiter fitted to a paragraph (2) vehicle is set at a particular speed above 85 km/h (approximately 52.8 mph); and

(b)the processes used in the construction of the vehicle, the speed limiter and its other equipment were such as to ensure that, with the speed limiter set at that particular speed, the vehicle would have a stabilised speed of not more than 90 km/h (approximately 55.9 mph),

the speed limiter of the vehicle shall, for the purposes of paragraph (9) and regulation 70A, be deemed to have been set at a speed of 85 km/h.]

(12) Paragraph (7)(a) shall have effect in relation to—

(a)a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b)a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

[F199(12A) Until 1st September 1997, paragraph (11A) shall have effect with the omission of the words “and regulation 70A”.]

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

(a)which is being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b)which is completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c)is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d)is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e)while it is being used for fire brigade, ambulance or police purposes; or

[F200(f)at a time when it is being used on a public road during any calendar week if—

(i)it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii)it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994.]

(15) In this regulation“equivalent standard”, “Part 1 of the British Standard”, F201... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A; F202... “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen [F203“set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and subject to paragraph (11A), “set” in relation to a speed limiter fitted to a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly.].

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a)in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b)in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c)in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by [F204Schedule 10 or 10B]) or in column (4) of the plate (where the plate is in the form required by [F204Schedule 10A or 10C]).]

Textual Amendments

[F205Speed limiters — authorised sealersE+W+S

36C.  Schedule 3B (authorised sealers) shall have effect.]

Textual Amendments

Audible warning instrumentsE+W+S

37.—(1) (a) Subject to sub-paragraph (b), every motor vehicle which has a maximum speed of more than 20 mph shall be fitted with a horn, not being a reversing alarm or a two-tone horn.

(b)Sub-paragraph (a) shall not apply to an agricultural motor vehicle, unless it is being driven at more than 20 mph.

(2) Subject to paragraph (6), the sound emitted by any horn, other than a reversing alarm or a two-tone horn, fitted to a wheeled vehicle first used on or after 1st August 1973 shall be continuous and uniform and not strident.

(3) A reversing alarm fitted to a wheeled vehicle shall not be strident.

(4) Subject to paragraphs (5), (6) and (7) no motor vehicle shall be fitted with a bell, gong, siren or two-tone horn.

(5) The provisions of paragraph (4) shall not apply to motor vehicles—

(a)used for fire brigade, ambulance or police purposes;

(b)owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;

(c)owned by the Forestry Commission or by local authorities and used from time to time for the purposes of fighting fires;

(d)owned by the Secretary of State for Defence and used for the purposes of the disposal of bombs or explosives;

(e)used for the purposes of the Blood Transfusion Service provided under the National Health Service Act 1977 or under the National Health Service (Scotland) Act 1947;

(f)used by Her Majesty's Coastguard or the Coastguard Auxiliary Service to aid persons in danger or vessels in distress on or near the coast;

[F206(g)used for the purposes of rescue operations at mines;]

(h)owned by the Secretary of State for Defence and used by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations in connection with crashed aircraft or any other emergencies; or

(i)owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats.

(6) The provisions of paragraphs (2) and (4) shall not apply so as to make it unlawful for a motor vehicle to be fitted with an instrument or apparatus (not being a two-tone horn) designed to emit a sound for the purpose of informing members of the public that goods are on the vehicle for sale.

(7) Subject to paragraph (8), the provisions of paragraph (4) shall not apply so as to make it unlawful for a vehicle to be fitted with a bell, gong or siren—

(a)if the purpose thereof is to prevent theft or attempted theft of the vehicle or its contents; or

(b)in the case of a bus, if the purpose thereof is to summon help for the driver, the conductor or an inspector.

(8) Every bell, gong or siren fitted to a vehicle by virtue of paragraph (7)(a), and every device fitted to a motor vehicle first used on or after 1st October 1982 so as to cause a horn to sound for the purpose mentioned in paragraph (7)(a), shall be fitted with a device designed to stop the bell, gong, siren or horn emitting noise for a continuous period of more than five minutes; and every such device shall at all times be maintained in good working order.

(9) Instead of complying with paragraphs (1), (2) and (4) to (8), a vehicle may comply with Community Directive 70/388 or ECE Regulation 28 or, if the vehicle is an agricultural motor vehicle, with Community Directive 74/151.

(10) In this regulation and in regulation 99—

(a)“horn” means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted;

(b) references to a bell, gong or siren include references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell, gong or siren;

(c)“reversing alarm” means a device fitted to a motor vehicle and designed to warn persons that the vehicle is reversing or is about to reverse; and

(d)“two-tone horn” means an instrument which, when operated, automatically produces a sound which alternates at regular intervals between two fixed notes.

Textual Amendments

Commencement Information

I34Reg. 37 in force at 11.8.1986, see reg. 1

Motor cycle sidestandsE+W+S

38.—(1) No motor cycle first used on or after 1st April 1986 shall be fitted with any sidestand which is capable of—

(a)disturbing the stability or direction of the motor cycle when it is in motion under its own power; or

(b)closing automatically if the angle of the inclination of the motor cycle is inadvertently altered when it is stationary.

(2) In this regulation “sidestand” means a device fitted to a motor cycle which, when fully extended or pivoted to its open position, supports the vehicle from one side only and so that both the wheels of the motor cycle are on the ground.

Commencement Information

I35Reg. 38 in force at 11.8.1986, see reg. 1

GE+W+SFUEL

[F207Fuel tanks]E+W+S

39.—[F208(1) This regulation applies to every fuel tank which is fitted to a wheeled vehicle for the purpose of supplying fuel to the propulsion unit or to an ancillary engine or to any other equipment forming part of the vehicle.

(2) Subject to paragraphs (3) [F209, (3A)] and (4), every fuel tank to which this regulation applies—

(a)shall be constructed and maintained so that the leakage of any liquid from the tank is adequately prevented;

(b)shall be constructed and maintained so that the leakage of vapour from the tank is adequately prevented; and

(c)if it contains petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928) and is fitted to a vehicle first used on or after 1st July 1973, shall be—

(i)made only of metal; and

(ii)fixed in such a position and so maintained as to be reasonably secure from damage.

(3) Notwithstanding the requirement of paragraph (2)(b), the fuel tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.]

[F210(3A) Sub-paragraph (i) of paragraph 2(c) shall not have effect in relation to a two-wheeled motor cycle (with or without a side-car) first used on or after 1st February 1993.]

[F211(4)]  Instead of complying with the requirements of [F212paragraphs (2) and (3)] as to construction, a vehicle may comply with the requirements of Community Directive 70/221 (insofar as they relate to fuel tanks) or ECE Regulation 34 or 34.01 or, if the vehicle is an agricultural motor vehicle, of Community Directive 74/151.

Textual Amendments

Commencement Information

I36Reg. 39 in force at 11.8.1986, see reg. 1

[F21339A—(1) Every vehicle to which this regulation applies shall be designed and constructed for running on unleaded petrol.E+W+S

(2) No person shall use or cause or permit to be used a vehicle to which this regulation applies on a road if it —

(a)has been deliberately altered or adjusted for running on leaded petrol, and

(b)as a direct result of such alteration or adjustment it is incapable of running on unleaded petrol.

(3) Subject to paragraph (4) this regulation applies to every motor vehicle which is —

(a)propelled by a spark ignition engine which is capable of running on petrol, and

(b)is first used on or after the 1st April 1991.

(4) Part I of Schedule 3A shall have effect for the purpose of excluding certain vehicles first used before specified dates from the application of this regulation.

(5) In this regulation “petrol”, “leaded petrol” and “unleaded petrol” have the same meaning as in Community Directive 85/210.

(6) A vehicle shall be regarded for the purposes of this regulation as incapable of running on unleaded petrol at any particular time if and only if in its state of adjustment at that time prolonged continuous running on such petrol would damage the engine.

Textual Amendments

39B—(1) Subject to paragraph (2), every fuel tank fitted to a vehicle to which regulation 39A applies shall be so constructed and fitted that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of 23.6mm or greater without the aid of a device (such as a funnel) not fitted to the vehicle.E+W+S

(2) Paragraph (1) does not apply to a vehicle in respect of which both of the following conditions are satisfied, that is to say —

(a)that at the time of its first use the vehicle is so designed and constructed that prolonged continuous running on leaded petrol would not cause any device designed to control the emission of carbon monoxide, hydrocarbons or nitrogen oxides to malfunction, and

(b)that it is conspicuously and legibly marked in a position immediately visible to a person filling the fuel tank with —

(i)the word “UNLEADED”, or

(ii)the symbol shown in Part II of Schedule 3A.

(3) In this regulation “fuel tank”, in relation to a vehicle, means a fuel tank used in connection with the propulsion of the vehicle.]

Textual Amendments

Gas propulsion systems and gas-fired appliancesE+W+S

40.—(1) A vehicle which is—

(a)a motor vehicle which first used gas as a fuel for its propulsion before 19th November 1982; or

(b)a trailer manufactured before 19th November 1982 to which there is fitted a gas container,

shall be so constructed that it complies either with the provisions of Schedule 4 or with the provisions of Schedule 5.

(2) A vehicle which is—

(a)a motor vehicle which first used gas as a fuel for its propulsion on or after 19th November 1982; or

(b)a motor vehicle first used on or after 1st May 1984 or a trailer manufactured on or after 19th November 1982 which is in either case equipped with a gas container or a gas-fired appliance,

shall comply with the provisions of Schedule 5.

(3) The requirements of this regulation are in addition to, and not in derogation from, the requirements of any regulations made under powers conferred by the petroleum (Consolidation) Act 1928, the Health and Safety at Work etc. Act 1974, the Control of Pollution Act 1974 or any other Act or of any codes of practice issued under the Health and Safety at Work etc. Act 1974.

(4) In this regulation “gas container” has the meaning given in Schedule 4 where compliance with the provisions of that Schedule is concerned and otherwise has the meaning given in Schedule 5.

Commencement Information

I37Reg. 40 in force at 11.8.1986, see reg. 1

HE+W+SMINIBUSES

MinibusesE+W+S

41.  The requirements specified in Schedule 6 shall apply to every minibus first used on or after 1st April 1988 except a vehicle—

(a)manufactured by Land Rover U.K. Limited and known as the Land Rover; or

(b)constructed or adapted for the secure transport of prisoners.

Commencement Information

I38Reg. 41 in force at 11.8.1986, see reg. 1

Fire extinguishing apparatusE+W+S

42.—(1) No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries suitable and efficient apparatus for extinguishing fire which is of a type specified in Part I of Schedule 7.

(2) The apparatus referred to in paragraph (1) above shall be—

(a)readily available for use;

(b)clearly marked with the appropriate British Standards Institution specification number; and

(c)maintained in good and efficient working order.

(3) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

Commencement Information

I39Reg. 42 in force at 11.8.1986, see reg. 1

First aid equipmentE+W+S

43.—(1) No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries a receptacle which contains the items specified in Part II of Schedule 7.

(2) The receptacle referred to in paragraph (1) above shall be—

(a)maintained in a good condition;

(b)suitable for the purpose of keeping the items referred to in the said paragraph in good condition;

(c)readily available for use; and

(d)prominently marked as a first aid receptacle.

(3) The items referred to in paragraph (1) above shall be maintained in good condition and shall be of a good and reliable quality and of a suitable design.

(4) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

Commencement Information

I40Reg. 43 in force at 11.8.1986, see reg. 1

Carriage of dangerous substancesE+W+S

44.—(1) Save as provided in paragraph (2), no person shall use or cause or permit to be used on a road a minibus by which any highly inflammable or otherwise dangerous substance is carried unless that substance is carried in containers so designed and constructed, and unless the substance is so packed, that, notwithstanding an accident to the vehicle, it is unlikely that damage to the vehicle or injury to passengers in the vehicle will be caused by the substance.

(2) Paragraph (1) shall not apply in relation to the electrolyte of a battery installed in an electric wheelchair provided that the wheelchair is securely fixed to the vehicle.

(3) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

Commencement Information

I41Reg. 44 in force at 11.8.1986, see reg. 1

IE+W+SPOWER TO WEIGHT RATIO

Power to weight ratioE+W+S

F21445.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

JE+W+SPROTECTIVE SYSTEMS

Seat belt anchorage pointsE+W+S

46.—(1) Save as provided by paragraph (2), this regulation applies to—

(a)every wheeled motor car first used on or after 1st January 1965; and

(b)every three-wheeled motor cycle the unladen weight of which exceeds 255 kg and which was first used on or after 1st September 1970.

[F215(c)every heavy motor car first used on or after 1st October 1988.]

(2) This regulation does not apply to—

(a)a goods vehicle (other than a dual-purpose vehicle) which was first used—

(i) before 1st April 1967; or

(ii) on or after 1st April 1980 [F216and before 1st October 1988] and has a maximum gross weight F217... exceeding 3500 kg; or

(iii) before 1st April 1980 or, if the vehicle is of a model manufactured before 1st October 1979, was first used before 1st April 1982 and, in either case, has an unladen weight exceeding 1525 kg;

[F218(b)a bus, being—

(i)a minibus—

if first used before 1st October 1988, constructed or adapted to carry more than twelve passengers; or

if first used on or after 1st October 1988, having a maximum gross weight exceeding 3500 kg; or

(ii)a large bus (other than a coach first used on or after 1st October 1988);]

(c)an agricultural motor vehicle;

(d)[F219a motor] tractor;

(e)a works truck;

(f)an electrically-propelled goods vehicle [F220first used before 1st October 1988];

(g)a pedestrian-controlled vehicle;

(h)a vehicle which has been used on roads outside Great Britain and has been imported into Great Britain, whilst it is being driven from the place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle, or from any such place to a place where, by previous arrangement, it will be provided with such anchorage points as are required by this regulation and such seat belts as are required by regulation 47;

[F221(i)a vehicle having a maximum speed not exceeding 16 mph;]

(j)a motor cycle equipped with a driver's seat of a type requiring the driver to sit astride it, and which is constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

[F222(k)a locomotive.]

(3) A vehicle which was first used before 1st April 1982 shall be equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for the driver's seat and specified passenger's seat (if any).

(4) [F223Save as provided in paragraph (4A) or (4B)] a vehicle which is first used on or after 1st April 1982 shall be equipped with anchorage points which—

(a)are designed to hold securely in position on the vehicle seat belts for—

[F224(i)in the case of a minibus, a motor ambulance or a motor caravan—

if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any); or

if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat and]

(ii)[F225in the case of any other passenger or dual-purpose vehicle], every forward-facing seat constructed or adapted to accommodate one adult, and

[F226(iii)in any other case, every forward-facing front seat and every non-protected seat, and]

(b)comply with [F227the technical and installation requirements of] Community Directive 76/115 or 81/575 or 82/318 [F228or 90/629] [F229or 96/38] or ECE Regulation 14 [F228or 14.01 or 14.02] [F230or 14.03] whether or not those instruments apply to the vehicle, so however, that the requirements in those instruments which relate to testing shall not apply.

[F231(4A) The requirements specified in paragraph (4) shall not apply to—

(a)a goods vehicle first used on or after 1st October 1988 and having a maximum gross weight exceeding 3500 kg, but any such vehicle shall be equipped with two belt anchorages designed to hold securely in position on the vehicle lap belts for the driver’s seat and each forward-facing front seat; or

(b)a coach equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for all exposed forward-facing seats and which—

(i)comply with the requirements in paragraph (4)(b); or

(ii)in any case where the anchorage points form part of a seat, do not when a forward horizontal force is applied to them become detached from the seat of which they form part before that seat becomes detached from the vehicle.

(4B) Instead of complying with the requirements in paragraph (4), a vehicle may comply [F232with—

(a)Community Directive 76/115 or 81/575 or 82/318 [F233or 90/629] [F234or 96/38]; or

(b)ECE Regulation 14 or 14.01 or 14.02] [F235or 14.03].]

[F236(5) Save as provided in paragraph (5A), a vehicle of a type mentioned in paragraphs (4), (4A) and (4B) which is fitted with anchorage points other than those required by those paragraphs shall comply with the requirements in paragraph (4)(b) or, in the case of a coach, the requirements in paragraph (4A)(b)(ii) in respect of any additional anchorage points as well as in respect of the anchorage points required by paragraph (4), (4A) or (4B) to be provided.

(5A) The requirements in paragraph (5) shall not apply in respect of any additional anchorage points first fitted before 1st April 1986 in the case of a vehicle of a type mentioned in paragraph (4)(a)(i)(A), or before 1st October 1988 in the case of a vehicle of any other type.]

(6) In this regulation—

(a)the expressions [F237“exposed forward-facing seat”] “forward-facing seat” [F238“forward-facing front seat” and “lap belt”], “seat belt” and “specified passenger's seat” have the same meaning as in regulation 47(8); F239...

[F240(b)a seat is a “non protected seat” if it is not a front seat and the screen zones within the protected area have a combined surface area of less than 800cm2; and

(c)“screen zone” and “protected area” in relation to a seat, shall be construed in accordance with paragraph 4.3.3 of Annex 1 to a Community Directive 81/575.]

Textual Amendments

Commencement Information

I42 in force at 11.8.1986, see reg. 1

Seat beltsE+W+S

47.—(1) This regulation applies to every vehicle to which regulation 46 applies.

(2) Save as provided in paragraph (4) a vehicle to which—

(a)this regulation applies which was first used before 1st April 1981 shall be provided with—

(i) a body-restraining F241... belt, designed for use by an adult, for the driver's seat; and

(ii) a body-restraining F241... belt for the specified passenger's seat (if any);

(b)this regulation applies which is first used on or after 1st April 1981 shall be provided with three-point F242... belts for the driver's seat and for the specified passenger's seat (if any);

(c)regulation 46(4)(a)(ii) [F243or (iii)] applies which is first used on or after 1st April 1987 shall be fitted with seat belts additional to those required by sub-paragraph (b) as follows—

(i) for any forward-facing front seat alongside the driver's seat, not being a specified passenger's seat, a seat belt which is a three-point belt, or a lap belt installed in accordance with paragraph 3.1.2.1 of Annex 1 to Community Directive 77/541 or a disabled person's belt;

(ii) in the case of a passenger or dual-purpose vehicle having not more than two forward-facing seats behind the driver's seat with either—

(A) an inertia reel belt for at least one of those seats, or

(B) a three-point belt, a lap belt, a disabled person's belt or a child restraint for each of those seats;

(iii) in the case of a passenger or dual-purpose vehicle having more than two forward-facing seats behind the driver's seat, with either—

(A) an inertia reel belt for one of those seats being an outboard seat and a three-point belt, a lap belt, a disabled person's belt or a child restraint for at least one other of those seats;

(B) a three-point belt for one of those seats and either a child restraint or a disabled person's belt for at least one other of those seats; or

(C) a three-point belt, a lap belt, a disabled person's belt or a child restraint for each of those seats.

[F244(d)regulation 46(4)(a)(i)(B) applies shall be fitted with seat belts as follows—

(i)for the driver’s seat and the specified passenger’s seat (if any) a three-point belt; and

(ii)for any forward-facing front seat which is not a specified passenger’s seat, a three-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);

(e)regulation 46(4A)(b) applies shall be equipped with seat belts which shall be three-point belts, lap belts or disabled person’s belts.]

[F245Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat [F246(other than the driver’s seat or any crew seat) of a coach either—

(i)there shall be provided padding to a depth of not less than 50mm, on that part of the surface or edge of any bar, or the top or edge of any screen or partition, which would be likely to be struck by the head of a passenger wearing the lap belt in the event of an accident; or

(ii)the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met, in respect of any such bar, screen or partition,

but nothing in sub-paragraph (i) above shall require padding to be provided on any surface more than 1m from the centre of the line of intersection of the seat cushion and the back rest or more than 150mm on either side of the longitudinal vertical plane which passes through the centre of that line, nor shall it require padding to be provided on any instrument panel of a minibus.]

(3) Every seat belt for an adult, other than a disabled person's belt, provided for a vehicle in accordance with [F247paragraph (2)(b), (c), (d) or (e)] shall, except as provided in paragraph (6), comply with the installation requirements specified in paragraph 3.2.2 to 3.3.4 of Annex I to Community Directive 77/541 [F248or 82/319 or 90/628] [F249or 96/36] whether or not [F250those Directives apply] to the vehicle.

(4) The requirements specified in paragraph (2) do not apply—

(a)to a vehicle while it is being used under a trade licence within the meaning of section 16 of the 1971 Act;

(b)to a vehicle, not being a vehicle to which the Type Approval (Great Britain) Regulations apply, while it is being driven from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles—

(i) to premises of a distributor of or dealer in vehicles or of the purchaser of the vehicle, or

(ii) to premises of a person obtaining possession of the vehicle under a hiring agreement or hire-purchase agreement;

(c)in relation to any seat for which there is provided—

(i) a seat belt which bears a mark including the specification number of the British Standard for Passive Belt Systems, namely BS AU 183:1983 and including the registered certification trade mark of the British Standards Institution; F251...

(ii) a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps which bears a British Standard mark or a mark including the specification number for the British Standard for Seat Belt Assemblies for Motor Vehicles, namely BS 3254:1960 [F252or [F253BS 3254: Part 1: 1988]] and including the registered certification trade mark of the British Standards Institution, or [F254the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at item 16 ot 16A in Schedule 2 to those Regulations];

[F255(iii)a seat belt which satisfies the requirements of a standard corresponding to the British Standard referred to in sub-paragraph (i); or

(iv)a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps and which satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (ii).]

(d)in relation to the driver's seat or the specified passenger's seat (if any) of a vehicle which has been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability, in a case where a disabled person's belt for an adult person is provided for use for that seat.

[F256(e)to a vehicle to which regulation 46(4A)(a) applies.]

(5) Every seat belt provided in pursuance of paragraph (2) shall be properly secured to the anchorage points provided for it in accordance with regulation 46; or, in the case of a child restraint, to anchorages specially provided for it or, in the case of a disabled person's belt, secured to the vehicle or to the seat which is being occupied by the person wearing the belt.

(6) Paragraph (3), in so far as it relates to the second paragraph of paragraph 3.3.2 of the Annex there mentioned (which concerns the locking or releasing of a seat belt by a single movement) does not apply in respect of a seat belt fitted for—

(a)a seat which is treated as a specified passenger's seat by virtue of the provisions of sub-paragraph (ii) in the definition of “specified passenger's seat” in paragraph (8); or

(b)any forward-facing seat for a passenger alongside the driver's seat of a goods vehicle which has an unladen weight of more than 915 kg and has more than one such seat, any such seats for passengers being joined together in a single structure.

[F257(c)any seat (other than the driver’s seat) fitted to a coach.]

(7) Every seat belt, other than a disabled person's belt or a seat belt of a kind mentioned in paragraph [F258(4)(c)] above, provided for any person in a vehicle to which this regulation applies shall be legibly and permanently marked—

(a)F259... with a British Standard mark or a designated approval mark; F260...

F260(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provided this paragraph shall not operate so as to invalidate the exception permitted in paragraph (6).

[F261(7A) Paragraph (7) does not apply to—

(a)a seat belt for an adult F262... that satisfies the requirements of a standard corresponding to either of the British Standards referred to in sub-paragraph (i)(a) of the definition of “British Standard mark” in paragraph (8); or

(b)a child restraint that satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (i)(b) of that definition.

(7B) For the purposes of this regulation a reference to a standard corresponding to a specified British Standard is a reference to—

(a)a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b)any international standard recognised for use as a standard by any EEA State; or

(c)a technical specification recognised for use as a standard by a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides in relation to seat belts, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the marking of seat belts equivalent to that provided by the British Standard.

(7C) For the purposes of paragraph (7B)—

(a)“EEA State” means a State which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the state of Liechtenstein; and

(b)“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.]

(8) In this regulation—

“body-restraining F263... belt” means a seat belt designed to provide restraint for both the upper and lower parts of the trunk of the wearer in the event of an accident to the vehicle;

“British Standard mark” means a mark consisting of—

(i)

the specification number of one of the following British Standards for Seat Belt Assemblies for Motor Vehicles, namely—

(a)

if it is a seat belt for an adult, BS 3254; 1960 [F264or BS 3254: Part 1: 1988]; or

(b)

if it is a child restraint, BS 3254:1960 [F265or BS 3254: 1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210], [F266BS 3254: Part 2: 1988] [F267or BS 3254: Part 2: 1991], BS AU 185, BS AU 186 or 186a, BS AU 202 [F268, BS AU 202a or BS AU 202b]; and, in either case,

(ii)

the registered certification trade mark of the British Standards Institution;

“child restraint” means a seat belt for the use of a young person which is designed either to be fitted directly to a suitable anchorage or to be used in conjunction with a seat belt for an adult and held in place by the restraining action of that belt: Provided that for the purposes of paragraph (2) (c)(ii)(B) and (2)(c)(iii) it means only such seat belts fitted directly to a suitable anchorage and excludes belts marked with the specification numbers BS AU 185 and BS AU 186 or 186a.

[F269“crew seat” has the same meaning as in regulation 3(1) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981;]

“designated approval mark” means

(a)

if it is a seat belt other than a child restraint, the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at [F270items 16 and 16A] of Schedule 2 to those Regulations or the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 23 [F271, 23A and 23B] in Schedule 4 to those Regulations, and

(b)

if it is a child restraint, [F272any] of the markings designated as approval marks by regulation 4 of those Regulations and shown at [F272items 44, 44A [F273, 44B and 44C]] in Schedule 2 to those Regulations.

“disabled person's belt” means a seat belt which has been specially designed or adapted for use by an adult or young person suffering from some physical defect or disability and which is intended for use solely by such a person;

[F269“exposed forward-facing seat” means—

(i)

a forward-facing front seat (including any crew seat) and the driver’s seat; and

(ii)

any other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;]

[F269“forward-facing front seat” means—

(i)

any forward-facing seat alongside the driver’s seat; or

(ii)

if the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (i) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;]

“forward-facing seat” means a seat which is attached to a vehicle so that it faces towards the front of the vehicle in such a manner that a line passing through the centre of both the front and the back of the seat is at an angle of 30° or less to the longitudinal axis of the vehicle;

[F269“forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;]

[F269“high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle.]

“inertia reel belt” means a three-point belt of either of the types required for a front outboard seating position by paragraph 3.1.1. of Annex 1 to Community Directive 77/541;

“lap belt” means a seat belt which passes across the front of the wearer's pelvic region [F274and which is designed for use by an adult];

“seat” includes any part designed for the accommodation of one adult of a continuous seat designed for the accommodation of more than one adult;

“seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle and includes, in the case of a child restraint, any special chair to which the belt is attached;

“specified passenger's seat” means—

(i)

in the case of a vehicle which has one forward-facing front seat alongside the driver's seat, that seat, and in the case of a vehicle which has more than one such seat, the one furthest from the driver's seat; or

(ii)

if the vehicle normally has no seat which is the specified passenger's seat under sub-paragraph (i) of this definition the forward-facing front seat for a passenger which is foremost in the vehicle and furthest from the driver's seat, unless there is a fixed partition separating that seat from the space in front of it alongside the driver's seat;

and

“three-point belt” means a seat belt which—

(i)

restrains the upper and lower parts of the torso;

(ii)

includes a lap belt;

(iii)

is anchored at not less than three points; and

(iv)

is designed for use by an adult.]

Textual Amendments

Commencement Information

I43Reg. 47 in force at 11.8.1986, see reg. 1

Maintenance of seat belts and anchorage pointsE+W+S

48.—(1) This regulation applies to every seat belt with which a motor vehicle is required to be provided in accordance with regulation 47 and to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of every such seat belt [F275and also to every anchorage with which a goods vehicle is required to be provided in accordance with regulation 46(4A)(a)].

(2) For the purposes of this regulation the anchorages and anchorage points of a seat belt shall, in the case of a seat which incorporates integral seat belt anchorages, include the system by which the seat assembly itself is secured to the vehicle structure.

(3) The anchorage points provided for seat belts shall be used only as anchorages for the seat belts for which they are intended to be used or capable of being used.

(4) Save as provided in paragraph (5) below—

(a)all load-bearing members of the vehicle structure or panelling within 30 cms of each anchorage point shall be maintained in a sound condition and free from serious corrosion, distortion or fracture;

(b)the adjusting device and (if fitted) the retracting mechanism of the seat belt shall be so maintained that the belt may be readily adjusted to the body of the wearer, either automatically or manually, according to the design of the device and (if fitted) the retracting mechanism;

(c)the seat belt and its anchorages, fastenings and adjusting device shall be maintained free from any obvious defect which would be likely to affect adversely the performance by the seat belt of the function of restraining the body of the wearer in the event of an accident to the vehicle;

(d)the buckle or other fastening of the seat belt shall—

(i) be so maintained that the belt can be readily fastened or unfastened;

(ii) be kept free from any temporary or permanent obstruction; and

(iii) except in the case of a disabled person's seat belt, be readily accessible to a person sitting in the seat for which the seat belt is provided;

(e)the webbing or other material which forms the seat belt shall be maintained free from cuts or other visible faults (as, for example, extensive fraying) which would be likely to affect adversely the performance of the belt when under stress;

(f)the ends of every seat belt, other than a disabled person's seat belt, shall be securely fastened to the anchorage points provided for them; and

(g)the ends of every disabled person's seat belt shall, when the seat belt is being used for the purpose for which it was designed and constructed, be securely fastened either to some part of the structure of the vehicle or to the seat which is being occupied by the person wearing the belt so that the body of the person wearing the belt would be restrained in the event of an accident to the vehicle.

(5) No requirement specified in paragraph (4) above applies if the vehicle is being used—

(a)on a journey after the start of which the requirement ceased to be complied with; or

(b)after the requirement ceased to be complied with and steps have been taken for such compliance to be restored with all reasonable expedition.

(6) Expressions which are used in this regulation and are defined in regulation 47 have the same meaning in this regulation as they have in regulation 47.

Textual Amendments

Commencement Information

I44Reg. 48 in force at 11.8.1986, see reg. 1

[F276Minibuses and coaches to be fitted with additional seat belts when used in certain circumstancesE+W+S

48A.—(1) No person shall use or cause or permit to be used on a road a coach or minibus wholly or mainly for the purpose of carrying a group of 3 or more children in the following circumstances unless the appropriate number of forward-facing passenger seats fitted to the vehicle meet the requirements of this regulation.

(2) The circumstances are that—

(a)the group of children are on an organised trip; and

(b)the journey is being made for the purposes of the trip.

(3) In paragraph (1), the reference to the appropriate number is a reference to the number of children being carried in the vehicle (excluding disabled children in wheelchairs).

(4) Without prejudice to the generality of paragraph (2)(a), a group of children shall, for the purposes of this regulation, be regarded as being on an organised trip if they are being carried to or from their school or from one part of their school premises to another.

(5) Without prejudice to the meaning of paragraph (2)(b), paragraph (1) shall not apply to a vehicle if it is being used in the provision of a bus service of a description specified in paragraph 2 of the Schedule to the Fuel Duty Grant (Eligible Bus Services) Regulations 1985 or if it is otherwise being used wholly or mainly for the purpose of providing a transport service for the general public.

(6) For a forward-facing passenger seat to meet the requirements of this regulation a seat belt must be provided for it, and —

(a)if paragraph (3) of regulation 47 does not (in whole or part) apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with that paragraph to the extent (if any) that it would have to so comply were—

(i)that regulation to apply to all motor vehicles, and

(ii)there substituted for the words “provided” to “or (e)”, in that paragraph, the words “provided for any person in a vehicle to which this regulation applies”;

(b)if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a seat belt for an adult (not being a disabled person’s belt) that was first fitted to the vehicle after 10th February 1997, the seat belt must comply with the requirements specified in paragraph (7) below;

(c)if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a child restraint that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to anchorages provided for it;

(d)if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a disabled person’s belt that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to the vehicle or to the seat;

(e)if regulation 47 does not apply to the vehicle and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with paragraph (7) of that regulation to the extent (if any) that it would have to so comply were that regulation to apply to all motor vehicles; and

(f)if regulation 48 does not apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the requirements of paragraph (4) of that regulation must be met in relation to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of the seat belt to the extent (if any) that those requirements would have to be met were that paragraph to apply to all anchorages, fastenings, adjusting devices and retracting mechanisms of seat belts fitted to motor vehicles,

and paragraph (2) of regulation 48 shall apply for the purposes of sub-paragraph (f) above as it applies for the purposes of that regulation.

(7) The requirements referred to in paragraph (6)(b) are that the seat belt must be properly secured to the anchorage points provided for it and, in a case where any of those anchorage points is first fitted to the vehicle after 10th February 1997 the anchorage points to which it is secured must comply—

(a)if the vehicle is a coach, with the requirements specified in regulation 46(4)(b) or (4A)(b)(ii); or

(b)in any other case, with the requirements specified in regulation 46(4)(b).

(8) Until 10th February 1998, this regulation shall not apply to a coach first used before 1st October 1988.

(9) In this regulation—

  • “school” has the meaning given by section 14(5) of the Further and Higher Education Act 1992;

  • “forward-facing passenger seat” means a forward-facing seat which is not the driver’s seat; and

  • “child restraint”, “disabled person’s belt”, “forward-facing seat”, “seat”, and “seat belt” have the meanings given in regulation 47.

(10) For the purpose of this regulation, a child is a person who is aged 3 years or more but is under the age of 16 years.]

Textual Amendments

Rear under-run protectionE+W+S

49.—(1) Save as provided in paragraph (2), this regulation applies to a wheeled goods vehicle being either—

(a)a motor vehicle with a maximum gross weight which exceeds 3500 kg and which was first used on or after 1st April 1984; or

(b)a trailer manufactured on or after 1st May 1983 with an unladen weight which exceeds 1020 kg.

(2) This regulation does not apply to—

(a)a motor vehicle which has a maximum speed not exceeding 15 mph;

(b)a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;

(c)an agricultural trailer;

(d)engineering plant;

(e)a fire engine;

(f)an agricultural motor vehicle;

(g)a vehicle fitted at the rear with apparatus specially designed for spreading material on a road;

(h)a vehicle so constructed that it can be unloaded by part of the vehicle being tipped rearwards;

(i)a vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(j)a vehicle to which no bodywork has been fitted and which is being driven or towed—

(i) for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles; or

(ii) to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out; or

(iii) by previous arrangement to premises of a dealer in, or distributor of, such vehicles;

(k)a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with this regulation;

(l)a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the rear;

(m)a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;

(n)a vehicle fitted with a tail lift so constructed that the lift platform forms part of the floor of the vehicle and this part has a length of at least 1 m measured parallel to the longitudinal axis of the vehicle;

(o)a trailer having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain;

(p)a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete;

(q)a vehicle designed and used solely for the delivery of coal by means of a special conveyor which is carried on the vehicle and when in use is fitted to the rear of the vehicle so as to render its being equipped with a rear under-run protective device impracticable; or

(r)an agricultural trailed appliance.

(3) Subject to the provisions of paragraphs (4), (5) and (6), every vehicle to which this regulation applies shall be equipped with a rear under-run protective device.

(4) A vehicle to which this regulation applies and which is fitted with a tail lift, bodywork or other part which renders its being equipped with a rear under-run protective device impracticable shall instead be equipped with one or more devices which do not protrude beyond the overall width of the vehicle (excluding any part of the device or the devices) and which comply with the following requirements—

(a)where more than one device is fitted, not more than 50 cm shall lie between one device and the device next to it;

(b)not more than 30 cm shall lie between the outermost end of a device nearest to the outermost part of the vehicle to which it is fitted and a longitudinal plane passing through the outer end of the rear axle of the vehicle on the same side of the vehicle or, in a case where the vehicle is fitted with more than one rear axle, through the outer end of the widest rear axle on the same side of the vehicle, and paragraph II.5.4.2 in the Annex to Community Directive 79/490 shall not have effect in a case where this requirement is met; and

(c)the device or, where more than one device is fitted, all the devices together, shall have the characteristics specified in paragraphs [F277II.5.4.1] to II.5.4.5.5.2 in the Annex to the said Directive save—

(i) as provided in sub-paragraphs (a) and (b) above;

(ii) that for the reference in paragraph II.5.4.5.1 in that Annex to 30 cm there is substituted a reference to 35 cm; and

(iii) that the distance of 40 cm specified in paragraph II.5.4.5 in that Annex may be measured exclusive of the said tail-lift, bodywork or other part.

(5) The provisions of paragraph (3) shall have effect so that in the case of—

(a)a vehicle which is fitted with a demountable body, the characteristics specified in paragraph II.5.4.2 in the Annex to the said Directive have effect as if the reference to 10 cm were a reference to 30 cm and as if in paragraph II.5.4.5.1 the reference to 30 cm were a reference to 35 cm; and

(b)a trailer with a single axle or two close-coupled axles, the height of 55 cm referred to in paragraph II.5.4.5.1 in that Annex is measured when the coupling of the trailer to the vehicle by which it is drawn is at the height recommended by the manufacturer of the trailer.

(6) Instead of complying with paragraphs (3) to (5) a vehicle may comply with [F278Community Directive 97/19].

(7) In this regulation—

“rear under-run protective device” means a device within the description given in paragraph II.5.4 in the Annex to Community Directive 79/490.

Textual Amendments

Commencement Information

I45Reg. 49 in force at 11.8.1986, see reg. 1

Maintenance of rear under-run protective deviceE+W+S

50.  Every device fitted to a vehicle in compliance with the requirements of regulation 49 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the performance of the device in the function of giving resistance in the event of an impact from the rear.

Commencement Information

I46Reg. 50 in force at 11.8.1986, see reg. 1

SideguardsE+W+S

51.—(1) Save as provided in paragraph (2), this regulation applies to a wheeled goods vehicle being—

(a)a motor vehicle first used on or after 1st April 1984 with a maximum gross weight which exceeds 3500 kg; or

(b)a trailer manufactured on or after 1st May 1983 with an unladen weight which exceeds 1020 kg; or

(c)a semi-trailer manufactured before 1st May 1983 which has a relevant plate showing a gross weight exceeding 26,000 kg and which forms part of an articulated vehicle with a relevant train weight exceeding 32,520 kg.

(2) This regulation does not apply to—

(a)a motor vehicle which has a maximum speed not exceeding 15 mph;

(b)an agricultural trailer;

(c)engineering plant;

(d)a fire engine;

(e)an agricultural motor vehicle;

(f)a vehicle so constructed that it can be unloaded by part of the vehicle being tipped sideways or rearwards;

(g)a vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(h)a vehicle to which no bodywork has been fitted and which is being driven or towed—

(i) for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles;

(ii) to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out; or

(iii) by previous arrangement to premises of a dealer in, or distributor of, such vehicles;

(i)a vehicle which is being driven or towed to a place where by previous arrangement a sideguard is to be fitted so that it complies with this regulation;

(j)a refuse vehicle;

(k)a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;

(l)a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;

(m)a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the front or the rear;

(n)a trailer with a load platform—

(i) no part of any edge of which is more than 60 mm inboard from the tangential plane; and

(ii) the upper surface of which is not more than 750 mm from the ground throughout that part of its length under which a sideguard would have to be fitted in accordance with paragraph (5)(d) to (g) if this exemption did not apply to it;

(o)a trailer having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain; or

(p)an agricultural trailed appliance.

[F279(2A) This regulation also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is a semi-trailer some or all of the wheels of which are driven by the drawing vehicle.]

(3) Every vehicle to which this regulation applies shall be securely fitted with a sideguard to give protection on any side of the vehicle where—

(a)if it is a semi-trailer, the distance between the transverse planes passing through the centre of its foremost axle and through the centre of its king pin or, in the case of a vehicle having more than one king pin, the rearmost one, exceeds 4.5 m; or

(b)if it is any other vehicle, the distance between the centres of any two consecutive axles exceeds 3 m.

(4) Save as provided in paragraphs (6) and (7), a sideguard with which a vehicle is by this regulation required to be fitted shall comply with all the specifications listed in paragraph (5).

(5) Those specifications are—

(a)the outermost surface of every sideguard shall be smooth, essentially rigid and either flat or horizontally corrugated, save that—

(i) any part of the surface may overlap another provided that the overlapping edges face rearwards or downwards;

(ii) a gap not exceeding 25 mm measured longitudinally may exist between any two adjacent parts of the surface provided that the foremost edge of the rearward part does not protrude outboard of the rearmost edge of the forward part; and

(iii) domed heads of bolts or rivets may protrude beyond the surface to a distance not exceeding 10 mm;

(b)no part of the lowest edge of a sideguard shall be more than 550 mm above the ground when the vehicle to which it is fitted is on level ground and, in the case of a semi-trailer, when its load platform is horizontal;

(c)in a case specified in an item in column 2 of the Table the highest edge of a sideguard shall be as specified in that item in column 3;

(d)the distance between the rearmost edge of a sideguard and the transverse plane passing through the foremost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm;

(e)the distance between the foremost edge of a sideguard fitted to a semi-trailer and a transverse plane passing through the centre of the vehicle's king pin or, if the vehicle has more than one king pin, the rearmost one, shall not exceed 3 m;

(f)the foremost edge of a sideguard fitted to a semi-trailer with landing legs shall, as well as complying with sub-paragraph (e), not be more than 250 mm to the rear of a transverse plane passing through the centre of the leg nearest to that edge;

(g)the distance between the foremost edge of a sideguard fitted to a vehicle other than a semi-trailer and a transverse plane passing through the rearmost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm if the vehicle is a motor vehicle and 500 mm if the vehicle is a trailer;

(h)the external edges of a sideguard shall be rounded at a radius of at least 2.5 mm;

(i)no sideguard shall be more than 30 mm inboard from the tangential plane;

(j)no sideguard shall project beyond the longitudinal plane from which, in the absence of a sideguard, the vehicle's overall width would fall to be measured;

(k)every sideguard shall cover an area extending to at least 100 mm upwards from its lowest edge 100 mm downwards from its highest edge, and 100 mm rearwards and inwards from its foremost edge, and no sideguard shall have a vertical gap measuring more than 300 mm nor any vertical surface measuring less than 100 mm; and

(l)except in the case of a vehicle described in paragraph (1) (c) every sideguard shall be capable of withstanding a force of 2 kilonewtons applied perpendicularly to any part of its surface by the centre of a ram the face of which is circular and not more than 220 mm in diameter, and during such application—

(i) no part of the sideguard shall be deflected by more than 150 mm, and

(ii) no part of the sideguard which is less than 250 mm from its rearmost part shall be deflected by more than 30 mm.

TABLE

(regulation 51(5))

12 3
ItemCaseRequirement about highest edge of sideguard
1

Where the floor of the vehicle to which the sideguard is fitted—

(i) extends laterally outside the tangential plane;

(ii) is not more than 1.85 m from the ground;

(iii) extends laterally over the whole of the length of the sideguard with which the vehicle is required by this regulation to be fitted; and

(iv) is wholly covered at its edge by a side-rave the lower edge of which is not more than 150 mm below the underside of the floor.

Not more than 350 mm below the lower edge of the side-rave.
2

Where the floor of the vehicle to which the sideguard is fitted—

(i) extends laterally outside the tangential plane; and

(ii) does not comply with all of the provisions specified in sub-paragraphs (ii), (iii) and (iv) in item 1 above,

and any part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane.

Not more than 350 mm below the structure of the vehicle where it is cut by the tangential plane.
3

Where—

(i) no part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane; and

(ii) the upper surface of the load carrying structure of the vehicle is less than 1.5 m from the ground.

Not less than the height of the upper surface of the load carrying structure of the vehicle.
4A vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete.Not less than 1 m from the ground.
5Any other case.Not less than 1.5 m from the ground.

(6) The provisions of paragraph (4) apply—

(a)in the case of an extendible trailer when it is, by virtue of the extending mechanism, extended to a length greater than its minimum, so as not to require, in respect of any additional distance solely attributable to the extension, compliance with the specifications mentioned in paragraph (5) (d) to (g);

(b)in the case of a vehicle designed and constructed, and not merely adapted, to be fitted with a demountable body or to carry a container, when it is not fitted with a demountable body or carrying such a container as if it were fitted with such a body or carrying such a container; and

(c)only so far as it is practicable in the case of—

(i) a vehicle designed solely for the carriage of a fluid substance in a closed tank which is permanently fitted to the vehicle and provided with valves and hose or pipe connections for loading or unloading; and

(ii) a vehicle which requires additional stability during loading or unloading or while being used for operations for which it is designed or adapted and is fitted on one or both sides with an extendible device to provide such stability.

(7) In the case of a motor vehicle to which this regulation applies and which is of a type which was required to be approved by the Type Approval for Goods Vehicles Regulations before 1st October 1983—

(a)if the bodywork of the vehicle covers the whole of the area specified as regards a sideguard in paragraph (5)(b), (c), (d) and (g) above the other provisions of that paragraph do not apply to that vehicle; and

(b)if the bodywork of the vehicle covers only part of that area the part of that area which is not so covered shall be fitted with a sideguard which complies with the provisions of paragraph (5) above save that there shall not be a gap between—

(i) the rearmost edge of the sideguard or the rearmost part of the bodywork (whichever is furthest to the rear) and the transverse plane mentioned in paragraph (5)(d) of more than 300 mm;

(ii) the foremost edge of the sideguard or the foremost part of the bodywork (whichever is furthest to the front) and the transverse plane mentioned in paragraph (5)(g) of more than 300 mm; or

(iii) any vertical or sloping edge of any part of the bodywork in question and the edge of the sideguard immediately forwards or rearwards thereof of more than 25 mm measured horizontally.

(8) In this regulation

“relevant plate” means a Ministry plate, where fitted, and in other cases a plate fitted in accordance with regulation 66;

“relevant train weight” means the train weight shown in column 2 of the Ministry plate, where fitted, and in other cases the maximum train weight shown at item 8 of the plate fitted in accordance with regulation 66; and

“tangential plane”, in relation to a sideguard, means the vertical plane tangential to the external face of the outermost part of the tyre (excluding any distortion caused by the weight of the vehicle) fitted to the outermost wheel at the rear and on the same side of the vehicle.

[F280(9) Instead of complying with the foregoing provisions of this regulation a vehicle may comply with Community Directive 89/297.]

Textual Amendments

Commencement Information

I47Reg. 51 in force at 11.8.1986, see reg. 1

Maintenance of sideguardsE+W+S

52.  Every sideguard fitted to a vehicle in compliance with the requirements of regulation 51 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely its effectiveness.

Commencement Information

I48Reg. 52 in force at 11.8.1986, see reg. 1

MascotsE+W+S

53.—(1) Subject to paragraph (2), no mascot, emblem or other ornamental object shall be carried by a motor vehicle first used on or after 1st October 1937 in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot is not liable to cause injury to such person by reason of any projection thereon.

(2) Instead of complying with the requirements of paragraph (1) a vehicle may comply with Community Directive 74/483 or 79/488 or ECE Regulation 26.01.

Commencement Information

I49Reg. 53 in force at 11.8.1986, see reg. 1

[F281Strength of superstructureE+W+S

53A.—(1) This regulation applies to every coach which is—

(a)a single decked vehicle;

(b)equipped with a compartment below the deck for the luggage of passengers; and

(c)first used on or after [F2821st April 1993].

(2) Every vehicle to which this regulation applies shall comply with the requirements of ECE Regulation 66.

Textual Amendments

Additional exits from double-decked coachesE+W+S

53B.—(1) This regulation applies to every coach which is—

(a)a double-decked vehicle; and

(b)first used on or after 1st April 1990.

(2) Subject to the following provisions of this regulation, every vehicle to which this regulation applies shall be equipped with two staircases, one of which shall be located in one half of the vehicle and the other in the other half of the vehicle.

(3) Instead of being equipped with two staircases in accordance with paragraph (2), a vehicle to which this regulation applies may be equipped in accordance with the following provisions of this regulation with a hammer or other similar device with which in case of emergency any side window of the vehicle may be broken.

(4) Where a vehicle is equipped with—

(a)a staircase located in one half of the vehicle; and

(b)an emergency exit complying with regulation 21(8) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 located in the same half of the upper deck of the vehicle;

the hammer or the similar device shall be located in the other half of that deck.

(5) Any hammer or other similar device with which a vehicle is equipped pursuant to this regulation shall be located in a conspicuous and readily accessible position in the upper deck of the vehicle.

(6) There shall be displayed, in a conspicuous position in close proximity to the hammer or other similar device, a notice which shall contain in clear and indelible lettering—

(a)in letters not less than 25 mm high, the heading “IN EMERGENCY”; and

(b)in letters not less than 10 mm high, instructions that in case of emergency the hammer or device is to be used first to break any side window by striking the glass near the edge of the window and then to clear any remaining glass from the window aperture.

(7) For the purposes of this regulation a staircase, emergency exit, hammer or other similar device (as the case may be) shall be considered to be located in the other half of the vehicle if the shortest distance between any part of that staircase, exit, hammer or device (as the case may be) and any part of any other staircase, emergency exit, hammer or device is not less than one half of the overall length of the vehicle.]

Textual Amendments

KE+W+SCONTROL OF EMISSIONS

[F283Silencers-general]E+W+S

54.—(1) Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.

(2) Every exhaust system and silencer shall be maintained in good and efficient working order and [F284shall not after the date of manufacture be altered] so as to increase the noise made by the escape of exhaust gases.

(3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372 [F285, 84/424 or 92/97 or ECE Regulation 51.02] or, in the case of a motor cycle other than a moped, 78/1015 [F286, 87/56 or 89/235.]

(4) In this regulation “moped” has the meaning given to it in paragraph (5) of Schedule 9.

Textual Amendments

Commencement Information

I50Reg. 54 in force at 11.8.1986, see reg. 1

[F287Noise limits—certain vehicles with 3 or more wheels—general]E+W+S

55.—(1) Save as provided in [F288paragraphs (1A) and (2)] and regulation 59, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—

(a)a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b)a vehicle not falling within sub-paragraph (c) which is—

(i) engineering plant;

(ii) a locomotive other than an agricultural motor vehicle;

(iii) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(iv) a public works vehicle;

(v) a works truck; or

(vi) a refuse vehicle; or

(c)a vehicle which—

(i) has a compression ignition engine;

(ii) is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and

(iii) falls within category I.1.1., I.1.2, or I.1.3 specified in Article 1 of Community Directive 77/212.

[F289(1A) This regulation does not apply to a vehicle to which an item in the Table in regulation 55A applies.]

(2) This regulation does not apply to—

(a)a motorcycle with a sidecar attached;

(b)an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c)an industrial tractor;

(d)a road roller;

(e)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(f)a vehicle which runs on rails; or

(g)a vehicle manufactured by Leyland Vehicles Ltd. and known as the Atlantean Bus, if first used before 1st October 1984.

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table; a vehicle complies with those requirements if—

(a)its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and

(b)in the case of a vehicle referred to in paragraph 1(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or 1(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

TABLE

(regulation 55(3))

1 2345
Limits of sound level
Item(a) Vehicle referred to in paragraph (1)(a)(b) Vehicle referred to in paragraph (1)(b)(c) Vehicle referred to in paragraph (1)(c)Conditions of measurement Method of measurement Requirements for exhaust device
1Limits specified in paragraph I.1 of the Annex to Community Directive 77/212.89dB(A)82dB(A)Conditions specified in paragraph I.3 of the Annex to Community Directive 77/212Method specified in paragraph I.4.1 of the Annex to Community Directive 77/212Requirements specified in heading II of the Annex to Community Directive 77/212 (except paragraphs II.2 and II.5).
2Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 81/334.89dB(A)82dB(A)Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 81/334.Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 81/334. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex 1 to Community Directive 81/334.
3 Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/37289dB(A)82dB(A)Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/372Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/372, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/372.
4 Limits specified in paragraph 5.2.2.1 of the Annex I to Community Directive 84/424

Vehicles with engine power—

–less than 75kW

– 84dB(A)

–not less than 75kW

–86dB(A)

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424.Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/424Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/424, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that AnnexRequirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/424.

(4) Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(5) Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph 1(b) unless it is first used on or after 1st April 1991.

(6) The apparatus prescribed for the purposes of paragraph 3(a) and [F290regulation 56(2)(a) and Schedule 7A] is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type 0 or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969:1981 which came into effect on 29th May 1981.

[F291(6A) A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 55A as they apply to a vehicle first used on or after the date specified in column 3 of that item.]

(7) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 [F292, 84/424, 92/97 or 96/20 or ECE Regulation 51.02].

Textual Amendments

Commencement Information

I51Reg. 55 in force at 11.8.1986, see reg. 1

[F293Noise limits—certain vehicles first used on or after 1st October 1996—generalE+W+S

55A.—(1) A motor vehicle to which an item in the Table below applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.

This paragraph has effect subject to the following provisions of this regulation, regulation 59 and Schedule 7XA.

THE TABLE
(1)(2)(3)(4)(5)
ItemVehicles to which the item appliesEarliest date of first use (see column 2)The requirementsModification of Community Directives in relation to special vehicles (See paragraph (4)(c))
1

1.  All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item.E+W+S

2.  All special vehicles first used on or after the date specified in column 3 of this item.E+W+S

3.  All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/h.E+W+S

1st October 1996

The requirements of—

(a)

regulation 55 as they would apply to the vehicle but for paragraph (1A) of that regulation; or

(b)

paragraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.

For paragraph 5.2.2.1 of Annex I, substitute—

“The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed—

(a)

in the case of vehicles with engine power of less than 75 kW, 84 dB(A)

(b)

in the case of vehicles with engine power not less than 75 kW, 86 dB(A).”

2All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies.1st October 1996The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.

(2) Paragraph (1) does not apply to—

(a)a vehicle with fewer than 3 wheels; or

(b)a vehicle of a description mentioned in regulation 55(2).

(3) In this regulation, “special vehicle” means a vehicle which is—

(a)engineering plant;

(b)a locomotive other than an agricultural motor vehicle;

(c)a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(d)a public works vehicle; or

(e)a works truck.

(4) For the purposes of this regulation—

(a)subject to paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a “vehicle” within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 15 (whether or not regulation 15 applies to the vehicle) as it has effect in relation to a vehicle of the category specified in column 3 of that item;

(b)subject to paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a “vehicle” within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5 of a Community Directive mentioned in the Table if it meets—

(i)the requirements of that paragraph as it applies to a vehicle in category M1 or N1 within the meaning of the Community Directive, or

(ii)the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;

(c)subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;

(d)a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;

(e)a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.

(5) Instead of complying with paragraph (1) a vehicle may comply at the time of its first use—

(a)in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or

(b)in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02.]

Textual Amendments

Noise limits—agricultural motor vehicles and industrial tractorsE+W+S

56.—(1) Save as provided in regulation 59, this regulation applies to every wheeled vehicle first used on or after 1st April 1983 being an agricultural motor vehicle or an industrial tractor, other than—

(a)an agricultural motor vehicle which is first used on or after 1st June 1986 and which is driven at more than 20 mph; or

(b)a road roller.

(2) Every vehicle to which this regulation applies shall be so constructed—

(a)that its sound level does not exceed—

(i) if it is a vehicle with engine power of less than 65kW, 89 dB(A);

(ii) if it is a vehicle with engine power of 65kW or more, and first used before 1st October 1991, 92 dB(A); or

(iii) if it is a vehicle with engine power of 65kW or more, and first used on or after 1st October 1991, 89 dB(A),

when measured under the conditions specified in paragraph I.3 of Annex VI of Community Directive 74/151 by the method specified in paragraph I.4.1 of that Annex using the apparatus prescribed in regulation 55(6); and

(b)that the device designed to reduce the exhaust noise meets the requirements specified in paragraph II.1 of that Annex and, if fibrous absorbent material is used, the requirements specified in paragraphs II.4.1 to II.4.3 of that Annex.

Commencement Information

I52Reg. 56 in force at 11.8.1986, see reg. 1

[F294Noise limits construction requirements relating to motor cyclesE+W+S

57.—(1) Subject to regulation 59, this regulation applies to every motor vehicle first used on or after 1st April 1983 which is—

(a)a moped; or

(b)a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(2) A vehicle to which this regulation applies shall be so constructed that it meets,—

(a)if it is first used before 1st April 1991, the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;

(b)if it is first used on or after that date, the requirements of item 2 of that Table.

(3) Instead of complying with paragraph (2), a vehicle first used before 1st April 1991 may comply at the time of its first use with Community Directive 78/1015, 87/56 or 89/235.

(4) Instead of complying with paragraph (2), a vehicle first used on or after 1st April 1991 may comply at the time of its first use with Community Directive 87/56 or 89/235.

(5) In this regulation “moped” has the meaning given to it in paragraph 5 of Schedule 9.]

Textual Amendments

Commencement Information

I53Reg. 57 in force at 11.8.1986, see reg. 1

[F294Exhaust systems motor cyclesE+W+S

57A.—(1) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used before 1st February 1996, shall—

(a)be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 and be marked in accordance with sub-paragraph 3.3 of that Annex; or

(b)be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(2) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used on or after 1st February 1996, shall be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(3) A vehicle fitted with an original silencer may,—

(a)if the vehicle is first used before 1st February 1996, instead of complying with paragraph (1), comply at the time of first use with Community Directive 78/1015, 87/56 or 89/235; or

(b)if the vehicle is first used on or after that date, instead of complying with paragraph (2), comply at the time of first use with Community Directive 89/235.

(4) Where any replacement silencer forms part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used on or after 1st January 1985, the first requirement or the second requirement as set out below must be met in respect of the silencer.

(5) In order for the first requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in this paragraph referred to as “the vehicle in question”),—

(a)if the vehicle in question is first used before 1st April 1991, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 1 or 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(b)if the vehicle in question is first used on or after the 1st April 1991 but before 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(c)if the vehicle in question is first used on or after 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to that Directive.

(6) In order for the second requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in Part II of Schedule 7A referred to as “the vehicle in question”),—

(a)if the vehicle is first used before 1st April 1991, the silencer must meet the requirements of paragraph 2, 3 or 4 of Part II of Schedule 7A; or

(b)if the vehicle is first used on or after that date, the silencer must meet the requirements of paragraph 4 of Part II of Schedule 7A.

(7) Any requirements specified in paragraph (5) or in Part II of Schedule 7A relating to the silencer were it to be fitted to an unused vehicle of the same model as the vehicle in question (as defined in that paragraph or in paragraph (6) for the purposes of that Part, as the case may be) shall be deemed to be met if they are met by the silencer as fitted to the vehicle in question at the time that it is first fitted.

(8) For the purposes of this regulation, Community Directive 89/235 shall have effect as if—

(a)in Annex I, for sub-paragraph 3.4.1, there were substituted—

“3.4.1. After removal of the fibrous material, the vehicle must meet the relevant requirements.”; and

  • for sub-paragraph 3.4.3 there were substituted—

    “3.4.3. After the exhaust system has been put into a normal state for road use by one of the following conditioning methods, the vehicle must meet the relevant requirements:”;

(b)references in Annex I as so modified to a vehicle meeting the relevant requirements were,—

(i)in relation to an original silencer, references to a vehicle meeting the requirements of item 2 of the Table in Part I of Schedule 7A; and

(ii)in relation to a replacement silencer, references to a vehicle meeting the requirements of item 3 of that Table;

(c)in Annex II there were omitted sub-paragraphs 3.1.2, 3.4 and 3.5 and in sub-paragraph 3.2—

(i)the words “and the name referred to in 3.1.2”, and

(ii)the words after “legible”.

[F295(8A) For the purposes of paragraphs (1)(b) and (2) in their application to vehicles with a design speed not exceeding 50km/h, Community Directive 89/235/EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of—

(a)sub-paragraph 3.1.3 of Annex II; and

(b)in sub-paragraph 3.2 of that Annex, the words “and 3.1.3”.]

(9) In relation to a replacement silencer which is—

(a)fitted to a vehicle before 1st February 1997; and

(b)clearly and indelibly marked with the name or trade mark of the manufacturer of the silencer and with that manufacturer’s part number relating to it,

paragraphs (5) and (6) of this regulation and Parts II and III of Schedule 7A shall have effect as if they contained no reference to a silencer being marked.

(10) For the purposes of this regulation, a silencer forming part of the exhaust system ofa vehicle shall not be regarded as being marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235, paragraph (9) of this regulation or any paragraph of Part II of Schedule 7A if the marking is so obscured by any part of the vehicle that it cannot easily be read.

(11) Until 1st February 1996, for the purposes of paragraph (6), a vehicle first used on or after 1st April 1991 shall be treated as a vehicle first used before 1st April 1991.

(12) Part III of Schedule 7A shall have effect for the purpose of exempting certain silencers from the provisions of paragraph (4).

(13) No person shall use a motor cycle on a road or cause or permit such a vehicle to be so used if any part of the exhaust system has been indelibly marked by the manufacturer of that part with the words “NOT FOR ROAD USE”or words to that effect.

(14) In this regulation—

“original silencer”, in relation to a vehicle, means a silencer which was fitted to the vehicle when it was manufactured;

  • “replacement silencer”, in relation to a vehicle, means a silencer fitted to the vehicle, not being an original silencer; and

  • “trade mark” has the same meaning as in the Trade Marks Act 1938.]

Textual Amendments

[F294Noise limits maintenance requirements relating to motor cyclesE+W+S

57B.—(1) No person shall use or cause or permit to be used on a road a motor cycle to which regulation 57 applies if the three conditions specified below are all fulfilled.

(2) The first condition is fulfilled if the vehicle does not meet the noise limit requirements.

(3) The second condition is fulfilled if—

(a)any part of the vehicle is not in good and efficient working order, or

(b)the vehicle has been altered.

(4) The third condition is fulfilled if the noise made by the vehicle would have been materially less (so far as applicable)—

(a)were all parts of the vehicle in good and efficient working order, or

(b)had the vehicle not been altered.

(5) For the purposes of this regulation, a vehicle meets the noise limit requirements if,—

(a)in the case of a vehicle first used before 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;

(b)in the case of a vehicle first used before 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 1 or 3 of that Table;

(c)in the case of a vehicle first used on or after 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 2 of that Table;

(d)in the case of a vehicle first used on or after 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 3 of that Table.

(6) In this regulation, “replacement silencer” has the same meaning as in regulation 57A.]

Textual Amendments

Noise limits—vehicles not subject to regulations 55 to 57, first used on or after 1st April 1970E+W+S

F29658.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F297Exceptions to regulations 55 to 57B]E+W+S

59.  Regulations 55, [F29855A,] 56, [F29957,] [F30057A and 57B] do not apply to a motor vehicle which is—

(a)proceeding to a place where, by previous arrangement—

(i)noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it; or

(ii) the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or

(b)returning from such a place immediately after the noise has been so measured.

Textual Amendments

Commencement Information

I54

Reg. 59 in force at 11.8.1986, see reg. 1

Radio interference suppressionE+W+S

60.—[F301(1) Subject to paragraphs (1B), (1D), (1E) and (2)—

(a)every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex 1 to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex 1 to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and

(b)every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.

(1A) Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and—

(a)is first used on or after 1st April 1974 and before 1st January 1996; or

(b)is first used on or after 1st January 1996 and is a “vehicle” within the meaning of the Framework Directive.

(1B) For the purposes of paragraph (1)—

(a)a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and

(b)a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.

(1C) Subject to paragraph (1F), on and after 1st October 2002 no person shall use or cause or permit to be used on a road a vehicle—

(a)in respect of which an EC certificate of conformity has been issued; and

(b)which is fitted with any electrical/electronic sub-assembly that was not fitted to the vehicle when the certificate was issued,

unless the electrical/electronic sub-assembly is marked in accordance with the requirements of Community Directive 95/54/EC.

(1D) Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or ECE Regulation 10 or 10.01.

(1E) Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.

(1F) Paragraph (1C) shall not apply to a vehicle of a type described in article 2(6) of Community Directive 95/54/EC; and for the purposes of this paragraph “type” has the same meaning as in article 2(6) of that Directive.]

(2) This regulation does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973.

[F302(3) In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.]

Textual Amendments

Commencement Information

I55Reg. 60 in force at 11.8.1986, see reg. 1

Emission of smoke, vapour, gases, oily substances etcE+W+S

61.—(1) Subject to [F303paragraph (3B)], every vehicle shall be constructed [F304and maintained] so as not to emit any avoidable smoke or avoidable visible vapour.

(2) Every motor vehicle using solid fuel shall be fitted with—

(a)a tray or shield to prevent ashes and cinders from falling onto the road; and

(b)an efficient appliance to prevent any emission of sparks or grit.

(3) Subject to paragraph (4) and to the exemptions specified in an item in column 4 of [F305Table I], every wheeled vehicle of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.

[F306(3A) A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.]

[F307(3B) Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.

(3C) Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.]

(4) [F308For the purposes of paragraphs (3B) and (3C), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying]—

(a)if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or

[F309(b)if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.]

[F310(4A) In relation to a vehicle which—

(a)has an engine the cylinder capacity of which is less than 700 cc and has a rated power speed of more than 3,000 revolutions per minute;

(b)is first used before 1st October 1998,

Community Directive 91/542 shall have effect for the purposes of this regulation as if for the figure “0.15” in the Table in paragraph 6.2.1 and 8.3.1.1 there were substituted “0.25”.

For the purposes of this paragraph, “rated power speed” has the same meaning as in Community Directive 96/1.]

(5) No person shall use, or cause or permit to be used, on a road any motor vehicle—

(a)from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any person who is, or who may reasonably be expected to be, on the road;

(b)which is subject to the requirement in item 2 of [F305Table I] (whether or not it is deemed to comply with that requirement by virtue of paragraph (4)), if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or

(c)which is subject to the requirement in item 1 of the Table if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(6) No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of [F305Table I] applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

[F311(7) Subject to paragraphs F312... (8), (9) and (10), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisfied in respect to it–

(a)the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,

(b)[F313neither would those requirements] be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle, and

(c)the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.

F314(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(7H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Paragraph (7) shall not apply to a vehicle first used before 26th June 1990.

(9) Where–

(a)a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (7),

(b)the vehicle does not comply with the requirements specified in that paragraph in respect to it, and

(c)the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle,

nothing in paragraph (7) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.

[F315(10) Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description [F316and is first used before [F3171st July 1998]], the date on which it is first used shall, for the purposes of paragraphs (3A), (7), (8) and (9), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.

However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.]

[F318[F319(10A) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—

(a)when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—

(i)in the case of a vehicle first used before 1st August 1986, 4.5%; or

(ii)in the case of a vehicle first used on or after 1st August 1986, 3.5%;

of the total exhaust emissions from the engine by volume; and

(b)when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.]

[F320(10AA) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 7B applies to the vehicle.

(10AB) [F321Subject to paragraph (10B)], paragraph (10AA) applies to—

(a)a passenger car which—

(i)is first used on or after 1st August 1992 and before [F3221st August 1995], and

(ii)is of a description mentioned in the Annex to the emissions publication;

(b)a vehicle which—

(i)is not a passenger car,

(ii)is first used on or after 1st August 1994 F323..., and

(iii)is of a description mentioned in the Annex to the emissions publication; [F324or]

(c)a passenger car which is first used on or after [F3251st August 1995]; F326...

F327(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 7B.

F328(10AC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F329(10AD) Paragraph (10A) does not apply to —

(a)a vehicle to which paragraph (10AA) applies; or

(b)a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.]]

[F330(10AE) Paragraph (10AA) does not apply to a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.]

(10B) [F331Paragraphs (10A) and (10AA) do not] apply to—

F332(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a vehicle being driven to a place where it is to undergo repairs;

(c)a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description [F333and is first used before [F3341st July 1998]];

(d)an exempt vehicle within the meaning given by paragraph (12)(a) F335...;

(e)a goods vehicle with a maximum gross weight exceeding 3,500 kg;

(f)engineering plant, an industrial tractor, or a works truck; F336...

F337(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F338or

(h)a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine”, in relation to a vehicle, means the engine by which it is propelled.]]

[F339(10BA) Without prejudice to paragraphs (1) and (7), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 7B applies to the vehicle.

(10BB) Paragraph (10BA) shall not apply to—

(a)a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b)a vehicle being driven to a place where it is to undergo repairs;

(c)an exempt vehicle within the meaning given by paragraph (12)(a);

(d)engineering plant, an industrial tractor or a works truck; and

(e)a vehicle in Class III, IV, V or VII within the meaning of the Motor Vehicles (Tests) Regulations 1981 and first used before 1st August 1979.

F340(10BC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F341(10C) For the purposes of this regulation—

(a)any rotary piston engine shall be deemed to be a four-stroke engine; and

(b)“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.]

(11) [F342Subject to Schedule 7XA,] in this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which–

(a)is of a class specified in that item in column (2) of that Table,

(b)is first used on or after the date specified in that item in column (3) of that Table, and

(c)is not exempted by the entry in that item in column (5) of that Table.

[F343and for the purposes of determining whether a vehicle is a vehicle to which [F344any item numbered 8 or more] in that Table applies, regulation 4(2) shall be disregarded]

[F345(11A) In this regulation, “passenger car” means a motor vehicle which—

(a)is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b)has no more than five seats in addition to the driver’s seat; and

(c)has a maximum gross weight not exceeding 2,500kg.]

(12) In Table II–

(a)“exempt vehicle” means–

(i)a vehicle with less than 4 wheels,

(ii)a vehicle with a maximum gross weight of less than 400 kg,

(iii)a vehicle with a maximum speed of less than 25 km/h, or

(iv)an agricultural motor vehicle;

(b)“direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combusion chamber.

(c)“indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber.

(d)a reference in column (5) to a vehicle complying with an item is a reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).]

[F346Table I]

(regulation 61(3))

1 234
ItemClass of vehicleRequirementsExemptions
1Vehicles propelled by a compression ignition engine and equipped with a device designed to facilitate starting the engine by causing it to be supplied with excess fuel.Provision shall be made to ensure the device cannot readily be operated by a person inside the vehicle.
(a)

a work truck;

(b)

a vehicle on which the device is so designed and maintained that—

(i)

its use after the engine has started cannot cause the engine to be supplied with excess fuel, or

(ii)

it does not cause any increase in the smoke or visible vapour emitted from the vehicle.

2 Vehicles first used on or after 1st April 1973 and propelled by a compression ignition engine.The engine of the vehicle shall be of a type for which there has been issued by a person authorised by the Secretary of State a type test certificate in accordance with the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under number BS AU 141a: 1971. In the case of an agricultural motor vehicle (other than one which is first used after 1st June 1986 and is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant, for the purposes of that Specification as to the exhaust gas opacity, measurements shall be made with the engine running at 80% of its full load over the speed range from maximum speed down to the speed at which maximum torque occurs as declared by the manufacturer of the vehicle for those purposes.

(a) a vehicle manufactured before 1st April 1973 and propelled by an engine known as the Perkins 6.354 engine;

(b) a vehicle propelled by an engine having not more than 2 cylinders and being an agricultural motor vehicle (other than one which is first used on or after 1st June 1986 and which is driven at more that 20 mph), an industrial tractor, a works truck or engineering plant.

3 Vehicles first used on or after 1st January 1972 and propelled by a spark ignition engine other than a 2-stroke engine. The engine shall be equipped with means sufficient to ensure that, while the engine is running, any vapours or gases in the engine crank case, or in any other part of the engine to which vapours or gases may pass from that case, are prevented, so far as is reasonably practicable, from escaping into the atmosphere otherwise than through the combustion chamber of the engine.

(a) a two-wheeled motor cycle with or without a sidecar attached;

F347...

(c) [F348a vehicle to which any item in Table II applies.]

F349. . .
[F350TABLE II

(regulation 61(3A), (3C), (7), (11) and (12))

(1) Item (2) Class of Vehicle (3) Date of First Use (4) Design, construction and equipment requirements
(a) Instrument (b) Place in instrument where requirements are stated
(5) Vehicles exempted from requirements (6) Emitted substances
1Vehicles propelled by a spark ignition engine.1st October 1982

Community Directive 78/665

or

ECE Regulation 15.03

Annex I, paragraphs 3 and 5.

Paragraphs 5, 8 and 11.

(a)A vehicle whose maximum gross weight exceeds 3,500 kg;

(b)A vehicle which complies with the requirements of item 2, 4, 5, 8, 11, 12 or 13;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
2All vehicles.1st April 1991

Community Directive 83/351

or

ECE Regulation 15.04

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 12.

(a)A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500 kg;

(b)A vehicle which complies with the requirements of item 4, 5, 8, 11, 12 or 13;

(c)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, or 10;

(d)An industrial tractor, works truck or engineering plant;

(e)A vehicle whose maximum speed is less than 50 km/h;

(f)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
3Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine.1st April 1993 ECE Regulation 49Paragraphs 5 and 7.A vehicle which complies with the requirements of item 6, 9, 10, 11, 12 or 13.Carbon monoxide, hydrocarbons and oxides of nitrogen.
4

Passenger vehicles which—

(a)

are constructed or adapted to carry not more than 5 passengers excluding the driver, and

(b)

have a maximum gross weight of not more than 2,500 kg, not being off-road vehicles.

1st April 1991

Community Directive 88/76

or

Community Directive 89/458

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle which complies with the requirements of item 2, 8, 11, 12 or 13;

(b)A vehicle whose maximum speed is less than 50 km/h;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
5

Vehicles which are not of a description specified in this column in item 4 but which—

(a)

are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg,

or

(b)

are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg.

1st April 1992

1st April 1991

Community Directive 88/76

or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)A vehicle which complies with the requirements of item 8;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
6All vehicles propelled by compression ignition engines.1st April 1991

Community Directive 88/77

or

ECE Regulation 49.01

Annex I, paragraphs 6, 7 and 8.

Paragraphs 5, 6 and 7.

(a)A vehicle whose maximum gross weight is less than 3,500 kg and which complies with the requirements of item 2;

(b)A vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11, 12 or 13;

(c)A fire appliance which is first used before 1st October 1992;

(d)An industrial tractor, works truck or engineering plant;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons and oxides of nitrogen.
7

Passenger vehicles which—

(a)

are constructed or adapted to carry not more than 5 passengers excluding the driver,

(b)

have a maximum gross weight of not more than 2,500 kg, and

(c)

are propelled by a compression ignition engine of the indirect injection type.

1st April 1991Community Directive 88/436Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions.

(a)A vehicle which complies with the requirements of item 8, 11, 12 or 13;

(b)A vehicle whose maximum speed is less than 50 km/h;

(c)An off-road vehicle;

(d)An exempt vehicle.

Particulates.
8All vehicles.31st December 1992

Community Directive 91/441

or

ECE Regulation 83.01

Annex I, paragraphs 5, 7 and 8.

Paragraphs 5, 8 and 13.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which—

(i)complies with the requirements of item 6 and is first used before 1st October 1993, or

(ii)complies with the requirements of item 9, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)A vehicle whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
9All vehicles propelled by a compression ignition engine.1st October 1993

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 10, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
10All vehicles propelled by a compression ignition engine.1st October 1996

Community Directive 91/542

or

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).

Paragraphs 5, 6 and 7 (excluding line A in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1).

(a)A vehicle which complies with the requirements of item 8, 11, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
11All vehicles.1st October 1994Community Directive 93/59Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 12 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)Vehicles whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
12All vehicles.1st January 1997Community Directive 94/12Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, 11 or 13;

(b)An industrial tractor, works truck or engineering plant;

(c)Vehicles whose maximum speed is less than 50 km/h;

(d)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
13All vehicles.1st October 1997Community Directive 96/69Annex I, paragraphs 5, 7 and 8.

(a)A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of items 9, 10, or 12;

(b)A vehicle as defined in column 2 of item 14;

(c)An industrial tractor, works truck or engineering plant;

(d)Vehicles whose maximum speed is less than 50 km/h;

(e)An exempt vehicle.

Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.
14

Vehicles falling within

(a)

Class II or III, as specified in the Annex to Community Directive 96/69, of category N1, or

(b)

Category M and specified in footnote (2) of that Annex.

Note: references to categories M and N1 are to those categories as specified in Annex II of the Framework Directive.

1st October 1998Community Directive 96/69Annex 1, paragraphs 5, 7 and 8.Carbon monoxide, hydrocarbons, oxides of nitrogen and particulates.]

Textual Amendments

Commencement Information

I56Reg. 61 in force at 11.8.1986, see reg. 1

Closets etcE+W+S

62.—(1) No wheeled vehicle first used after 15th January 1931 shall be equipped with any closet or urinal which can discharge directly on to a road.

(2) Every tank into which a closet or urinal with which a vehicle is equipped empties, and every closet or urinal which does not empty into a tank, shall contain chemicals which are non-inflammable and non-irritant and provide an efficient germicide.

Commencement Information

I57Reg. 62 in force at 11.8.1986, see reg. 1

WingsE+W+S

63.—(1) Save as provided in paragraph (4), this regulation applies to—

(a)invalid carriages;

(b)heavy motor cars, motor cars and motor cycles, not being agricultural motor vehicles or pedestrian-controlled vehicles;

(c)agricultural motor vehicles driven at more than 20 mph; and

(d)trailers.

(2) Subject to paragraphs (3) and (5), every vehicle to which this regulation applies shall be equipped with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of its wheels or tracks.

(3) The requirements specified in paragraph (2) apply, in the case of a trailer with more than two wheels, only in respect of the rearmost two wheels.

(4) Those requirements do not apply in respect of—

(a)a works truck;

(b)a living van;

(c)a water cart;

(d)an agricultural trailer drawn by a motor vehicle which is not driven at a speed in excess of 20 mph;

(e)an agricultural trailed appliance;

(f)an agricultural trailed appliance conveyor;

(g)a broken down vehicle;

(h)a heavy motor car, motor car or trailer in an unfinished condition which is proceeding to a workshop for completion;

(i)a trailer used for or in connection with the carriage of round timber and the rear wheels of any heavy motor car or motor car drawing a semi-trailer so used; or

(j)a trailer drawn by a motor vehicle the maximum speed of which is restricted to 20 mph or less under Schedule 6 to the 1984 Act.

(5) Instead of complying with paragraph (2) a vehicle may comply with Community Directive 78/549.

Commencement Information

I58Reg. 63 in force at 11.8.1986, see reg. 1

Spray suppression devicesE+W+S

64.—(1) Save as provided in paragraph (2), this regulation applies to every wheeled goods vehicle which is—

(a)a motor vehicle first used on or after 1st April 1986 having a maximum gross weight exceeding 12,000 kg;

(b)a trailer manufactured on or after 1st May 1985 having a maximum gross weight exceeding 3500 kg; or

(c)a trailer, whenever manufactured, having a maximum gross weight exceeding 16,000 kg and 2 or more axles.

(2) This regulation does not apply to—

(a)a motor vehicle so constructed that the driving power of its engine is, or can by use of its controls be, transmitted to all the wheels on at least one front axle and on at least one rear axle;

(b)a motor vehicle of which no part which lies within the specified area is less than 400 mm vertically above the ground when the vehicle is standing on reasonably flat ground;

(c)a works truck;

(d)a works trailer;

(e)a broken down vehicle;

(f)a motor vehicle which has a maximum speed not exceeding 30 mph;

(g)a vehicle of a kind specified in sub-paragraphs (b), (c), (d), (e), (f), (g), (h), (j), (k), (o) or (p) of regulation 51(2);

(h)a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete; or

(i)a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with the requirements specified in paragraph (3).

[F351(2A) This regulation shall not apply to a vehicle fitted with a spray-suppression system in accordance with the requirements of Annex III of Community Directive 91/226(3) if the spray suppression devices with which the vehicle is equipped are legibly and permanently marked with a designated approval mark.]

(3) A vehicle to which this regulation applies and which is of a class specified in an item in column 2 of the Table shall not be used on a road on or after the date specified in column 3 in that item, unless it is fitted in relation to the wheels on each of its axles, with such containment devices as satisfy the technical requirements and other provisions about containment devices specified in the British Standard Specification, provided that in the case of a containment device fitted before 1st January 1985 the said requirements shall be deemed to be complied with if that containment device substantially conforms to those requirements.

TABLE

(regulation 64(3))

1 23
ItemClass of Vehicle Date
1A trailer manufactured before 1st January 19751st October 1987
2A trailer manufactured on or after 1st January 1975 but before 1st May 19851st October 1986
3A trailer manufactured on or after 1st May 19851st May 1985
4 A motor vehicle1st April 1986

(4) In this regulation—

[F352“the British Standard Specification” means—

(a)

in relation to a containment device fitted before 1st May 1987, Part 1a of the amended Specification and Part 2 of the original Specification; and

(b)

in relation to a containment device fitted on or after 1st May 1987, Part 1a and Part 2a of the amended Specification;

[F353“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 30 in Schedule 4 to those Regulations;]

“the original Specification” means the British Standard Specification for Spray Reducing Devices for Heavy Goods Vehicles published under the reference BS AU 200: Part 1: 1984 and BS AU 200; Part 2: 1984;

“the amended Specification” means the original Specification as amended and published under the reference BS AU 200: Part 1a: 1986 and BS AU 200: Part 2a: 1986;

“containment device” means any device so described in the original Specification or the amended Specification;]

“the specified area” means the area formed by the overall length of the vehicle and the middle 80% of the shortest distance between the inner edges of any two wheels on opposite sides of the vehicle (such distance being ascertained when the vehicle is fitted with suitable tyres inflated to a pressure recommended by the manufacturer, but excluding any bulging of the tyres near the ground) .

(5) Nothing in this regulation derogates from any requirement specified in regulation 63.

Textual Amendments

Commencement Information

I59Reg. 64 in force at 11.8.1986, see reg. 1

Maintenance of spray suppression devicesE+W+S

65.  Every part of every containment device with which a vehicle is required to be fitted by the provisions of regulation 64 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the effectiveness of the device.

Commencement Information

I60Reg. 65 in force at 11.8.1986, see reg. 1

PART IIIE+W+SPLATES, MARKINGS, TESTING AND INSPECTION

Plates for goods vehicles and busesE+W+S

66.—(1) This regulation applies to—

(a)a wheeled heavy motor car or motor car first used on or after 1st January 1968 not being—

(i)a dual-purpose vehicle;

(ii)an agricultural motor vehicle;

(iii)a works truck;

(iv)a pedestrian-controlled vehicle; F354...

(v)save as provided in sub-paragraph (b) below, a passenger vehicle; [F355or

(vi)a vehicle which is exempt from section 63(1) of the Road Traffic Act 1988 by virtue of regulation 14(6) of the Motor Vehicles (Approval) Regulations 1996.]

(b)a bus (whether or not it is an articulated bus) first used on or after 1st April 1982;

(c)a wheeled locomotive or motor tractor first used on or after 1st April 1973 not being—

(i)an agricultural motor vehicle;

(ii)an industrial tractor;

(iii)a works truck;

(iv)engineering plant; or

(v)a pedestrian-controlled vehicle;

(d)a wheeled trailer manufactured on or after 1st January 1968 which exceeds 1020 kg in weight unladen not being—

(i)a trailer not constructed or adapted to carry any load, other than plant or special appliances or apparatus which is a permanent or essentially permanent fixture, and not exceeding 2290 kg in total weight;

(ii)a living van not exceeding 2040 kg in weight unladen and fitted with pneumatic tyres;

(iii)a works trailer;

(iv)a trailer mentioned in regulation 16(3)(b) to (g); or

(v)a trailer which was manufactured and used outside Great Britain before it was first used in Great Britain; and

(e)a converter dolly manufactured on or after 1st January 1979.

(2) Every vehicle to which this regulation applies shall be equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position which either—

(a)contains the particulars required, in the case of a motor vehicle by Part I of Schedule 8 or, in the case of a trailer, by Part II of that Schedule, and complies with the provisions of Part III of that Schedule; or

(b)complies with the requirements specified in the Annex to Community Directive 78/507 or, in the case of a vehicle first used before 1st October 1982, in the Annex to Community Directive 76/114, such requirements being in any case modified as provided in paragraph (3).

(3) Instead of the particulars required by items 2.1.4 to 2.1.7 of that Annex, the plate required by paragraph (2)(b) shall show, for a vehicle of a class specified in column 2 of the Table against an item of that Annex so specified in column 1, the following particulars—

(a)the maximum permitted weight for that class, if any, shown in column 3 of the Table;

(b)where the maximum weight shown in column 4 of the Table exceeds the maximum permitted weight, the maximum weight in a column on the plate to the right of the maximum permitted weight; and

(c)if no weight is shown in column 3 of the Table, the maximum weight shown in column 4 of the Table, in the right hand column of the plate.

TABLE

(regulation 66(3))

1234
Item in Annex to Directive Class of vehicleMaximum permitted weightMaximum weight
2.1.4 (Laden weight of vehicle)(i) Motor vehiclesThe maximum gross weight in Great Britain referred to in item 10 in Part I of Schedule 8.The maximum gross weight referred to in item 7 in Part I of Schedule 8 .
(ii) Trailers, other than semi-trailersThe maximum gross weight in Great Britain referred to in item 8 in Part II of Schedule 8.The maximum gross weight referred to in item 6 in Part II of Schedule 8.
(iii) Semi-trailersThe maximum gross weight referred to in item 6 in Part II of Schedule 8.
2.1.5 (Train weight of motor vehicle)Motor vehicles constructed to draw a trailer

The lower of—

(a) the maximum train weight referred to in item 8 in Part I of Schedule 8; and

(b) the maximum laden weight specified, in the case of vehicles constructed to form part of an articulated vehicle, in regulation 77, and, in other cases, in regulation 76.

The maximum train weight referred to in item 8 in Part I of Schedule 8.
2.1.6 (Axle weight of vehicle)(i) Motor vehiclesThe maximum weight in Great Britain for each axle referred to in item 9 in Part I of Schedule 8 .The maximum weight for each axle referred to in item 6 in Part I of Schedule 8 .
(ii) Trailers The maximum weight in Great Britain for each axle referred to in item 7 in Part II of Schedule 8. The maximum weight for each axle referred to in item 4 in Part II of Schedule 8.
2.1.7 (Load imposed by semi-trailer) Semi-trailersThe maximum load imposed on the drawing vehicle referred to in item 5 in Part II of Schedule 8.

(4) Part III of Schedule 8 applies for determining the relevant weights to be shown on a plate in accordance with this regulation.

[F356(5) Where, in accordance with the provisions of this regulation and of Schedule 8, a motor vehicle first used, or a trailer manufactured, after 31st December 1998, is required to be equipped with a plate showing the maximum gross weight in Great Britain or the maximum weight in Great Britain for each axle of the vehicle, the plate may instead show particulars of the maximum authorised weight for the vehicle or, as the case may be, the maximum authorised weight for each axle of the vehicle.

(6) In paragraph (5) the references to the maximum authorised weight for a vehicle and maximum authorised for each axle of a vehicle mean those weights determined in accordance with the Motor Vehicles (Authorised Weight) Regulations 1998.

(7) The plate for a vehicle which falls within paragraph (1)(a) and which is a motor vehicle first used after 31st December 1998 need not include the particulars referred to in paragraph 9 or 10 of Part I of Schedule 8.]

Textual Amendments

Commencement Information

I61Reg. 66 in force at 11.8.1986, see reg. 1

Vehicle identification numbersE+W+S

67.—(1) This regulation applies to a wheeled vehicle which is first used on or after 1st April 1980 and to which the Type Approval (Great Britain) Regulations apply.

(2) A vehicle to which this regulation applies shall be equipped with a plate which is in a conspicuous and readily accessible position, is affixed to a vehicle part which is not normally subject to replacement and shows clearly and indelibly—

(a)the vehicle identification number in accordance with the requirements specified—

(i)in the case of a vehicle first used before 1st April 1987, in paragraphs 3.1.1 and 3.1.2 of the Annex to Community Directive 76/114/EEC ; or

(ii)in any case, in sections 3 and 4 of the Annex to Community Directive 78/507/EEC;

(b)the name of the manufacturer; and

(c)the approval reference number of either—

(i)the type approval certificate which relates to the vehicle model or the model variant of the vehicle model, as the case may be, issued in accordance with the provisions of regulation 9(1) of, and Part I of Schedule 3 to, the Type Approval (Great Britain) Regulations; or

(ii)the Minister's approval certificate which relates to the vehicle, issued in accordance with the provisions of regulation 9(2) of, and Part 1A of Schedule 4 to, the said Regulations.

Provided that the information required under sub-paragraph (c) above may be shown clearly and indelibly on an additional plate which is fitted in a conspicuous and readibly accessible position and which is affixed to a vehicle part which is not normally subject to replacement.

(3) The vehicle identification number of every vehicle to which this regulation applies shall be marked on the chassis, frame or other similar structure, on the off side of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.

Commencement Information

I62Reg. 67 in force at 11.8.1986, see reg. 1

Plates—agricultural trailed appliancesE+W+S

68.—(1) Save as provided in paragraph (3) below, every wheeled agricultural trailed appliance manufactured on or after 1st December 1985 shall be equipped with a plate affixed to the vehicle in a conspicuous and readily accessible position and which is clearly and indelibly marked with the particulars specified in paragraph (2) below.

(2) Those particulars are—

(a)the name of the manufacturer of the appliance;

(b)the year in which the appliance was manufactured;

(c)the maximum gross weight;

(d)the unladen weight; and

(e)the maximum load which would be imposed by the appliance on the drawing vehicle.

(3) In the case of a towed roller consisting of several separate rollers used in combination, a single plate shall satisfy the requirement specified in paragraph (2) above.

Commencement Information

I63Reg. 68 in force at 11.8.1986, see reg. 1

Plates—motor cyclesE+W+S

69.—(1) This regulation applies to every motor cycle first used on or after 1st August 1977 which is not—

(a)propelled by an internal combustion engine with a cylinder capacity exceeding 150 cc if the vehicle was first used before 1st January 1982 or 125 cc if it was first used on or after 1st January 1982;

(b)a mowing machine; or

(c)a pedestrian-controlled vehicle.

(2) Every vehicle to which this regulation applies shall be equipped with a plate which is securely affixed to the vehicle in a conspicuous and readily accessible position and which complies with the requirements of Schedule 9.

Commencement Information

I64Reg. 69 in force at 11.8.1986, see reg. 1

Ministry platesE+W+S

70.—(1) Every goods vehicle to which the Plating and Testing Regulations apply and in respect of which a plating certificate has been issued shall, from the date specified in paragraph (2), be equipped with a Ministry plate securely affixed, so as to be legible at all times, in a conspicuous and readily accessible position, and in the cab of the vehicle if it has one.

(2) That date is in the case of—

(a)a vehicle to which the Type Approval for Goods Vehicles Regulations apply, the date of the fourteenth day after the plate was issued; or

(b)any other vehicle, the date by which it is required, by the said Regulations, to be submitted for examination for plating.

[F357(3) In these Regulations “Ministry plate” means a plate which–

(a)is issued by the Secretary of State following the issue or amendment of a plating certificate; and

(b)subject to paragraph (4), contains the particulars required by Schedule 10, 10A, 10B or 10C.

(4) Instead of particulars of the gross weight, train weight and axle weights of the vehicle to which it relates, a Ministry plate may contain particulars of the maximum authorised weight for the vehicle, maximum authorised weight for a combination of which the vehicle forms part and maximum authorised axle weights for the vehicle, determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998 and the form of the plate shall be amended accordingly.]

Textual Amendments

Commencement Information

I65Reg. 70 in force at 11.8.1986, see reg. 1

Speed limiters—platesE+W+S

[F35870A.—(1) This regulation applies to every vehicle to which regulation 36A or 36B applies and which is fitted with a speed limiter.

(2) Every vehicle to which this regulation applies shall be equipped with a plate which meets the requirements specified in paragraph (3).

(3) [F359Subject to regulation 36B(11A),] the requirements are that the plate is in conspicuous position in the driving compartment of the vehicle and is clearly and indelibly marked with the speed at which the speed limiter has been set.]

Textual Amendments

[F360Plate relating to dimensionsE+W+S

70B.—(1) This regulation applies to a vehicle which is not a goods vehicle fitted in accordance with regulation 70 with a Ministry plate containing the particulars required by Schedule 10A or 10C and which is either—

(a)a bus or a heavy motor car and which was manufactured after 31st May 1998; or

(b)a trailer used in combination with a vehicle falling within paragraph (a) and manufactured after 31st May 1998.

(2) A vehicle to which this regulation applies shall not be used unless—

(a)the vehicle is equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position and containing the particulars as to the dimensions of the vehicle specified in Annex III of Community Directive 96/53/EC; or

(b)those particulars are included in the particulars shown on the plate with which the vehicle is equipped in accordance with regulation 66.]

Textual Amendments

Marking of weights on certain vehiclesE+W+S

71.—(1) This regulation applies to a vehicle (other than an agricultural motor vehicle which is either a track-laying vehicle not exceeding 3050 kg in unladen weight or a wheeled vehicle) which is—

(a)a locomotive;

(b)a motor tractor;

(c)[F361a bus] which is registered under the 1971 Act (or any enactment repealed thereby) F362...; or

(d)an unbraked wheeled trailer, other than one mentioned in [F363regulation 16(3)(b), (bb), (bc), (c), (d), (e), (f), or (g)].

(2) There shall be plainly marked in a conspicuous place on the outside of a vehicle to which this regulation applies, on its near side—

(a)if it is a vehicle falling in paragraph (1)(a), (b), or (c), its unladen weight; and

(b)if it is a vehicle falling in paragraph (1)(d), its maximum gross weight.

Textual Amendments

Commencement Information

I66Reg. 71 in force at 11.8.1986, see reg. 1

[F364Marking of date of manufacture of trailersE+W+S

71A.—(1) This regulation applies to a trailer that—

(a)is not a motor vehicle;

(b)is manufactured on or after 1st January 1997; and

(c)has a maximum total design axle weight not exceeding 750 kg.

(2) The year of manufacture of every trailer to which this regulation applies shall be marked on the chassis, frame or other similar structure on the nearside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.]

Textual Amendments

Additional markingsE+W+S

72.—(1) This regulation applies to every goods vehicle to which the Plating and Testing Regulations apply and for which a plating certificate has been issued.

(2) Without prejudice to the provisions of regulation 70, any weight which by virtue of regulation 80 may not be exceeded in the case of a goods vehicle to which this regulation applies may be marked on either side, or on both sides, of the vehicle.

(3) Where at any time by virtue of any provision contained in regulation 75 a goods vehicle to which this regulation applies may not be used in excess of a weight which is less than the gross weight which may not be exceeded by that vehicle by virtue of regulation 80, the first mentioned weight may be marked on either side, or on both sides, of the vehicle.

(4) Where at any time by virtue of any provision contained in regulation 76 and 77 a goods vehicle to which this regulation applies is drawing, or being drawn by, another vehicle and those vehicles may not be used together in excess of a laden weight applicable to those vehicles by virtue of any such provision, that weight may be marked on either side, or on both sides, of that goods vehicle.

Commencement Information

I67Reg. 72 in force at 11.8.1986, see reg. 1

Test date discsE+W+S

73.—(1) Every Ministry test date disc which is issued, following the issue of a goods vehicle test certificate, in respect of a trailer to which the Plating and Testing Regulations apply and for which a plating certificate has been issued shall be carried on the trailer in a legible condition and in a conspicuous and readily accessible position in which it is clearly visible by daylight from the near side of the road, from the date of its issue until but not beyond the date of expiry of that test certificate or the date of issue of a further test certificate for that trailer, whichever date is the earlier.

(2) In this regulation “Ministry test date disc” means a plate issued by the Secretary of State for a goods vehicle, being a trailer, following the issue of a goods vehicle test certificate for that trailer under the Plating and Testing Regulations and containing the following particulars—

(a)the identification mark allotted to that trailer and shown in that certificate;

(b)the date until which that certificate is valid; and

(c)the number of the vehicle testing station shown in that certificate.

Commencement Information

I68Reg. 73 in force at 11.8.1986, see reg. 1

Testing and InspectionE+W+S

74.—(1) Subject to the conditions specified in paragraph (2), the following persons are hereby empowered to test and inspect the brakes, silencers, steering gear and tyres of any vehicle, on any premises where that vehicle is located—

(a)a police constable in uniform;

(b)a person appointed by the Commissioner of Police of the Metropolis to inspect public carriages for the purpose of the Metropolitan Public Carriage Act 1869;

(c)a person appointed by the police authority for a police area to act for the purposes of section 53 of the 1972 Act;

(d)a goods vehicle examiner as defined in section 56 of the 1972 Act;

(e)a certifying officer as defined in section 7(1) of the 1981 Act; and

(f)a public service vehicle examiner appointed as mentioned in section 7(2) of the 1981 Act.

(2) Those conditions are—

(a)any person empowered as there mentioned shall produce his authorisation if required to do so;

(b)no such person shall enter any premises unless the consent of the owner of those premises has first been obtained;

(c)no such person shall test or inspect any vehicle on any premises unless—

(i)the owner of the vehicle consents thereto;

(ii)notice has been given to that owner personally or left at his address not less than 48 hours before the time of the proposed test or inspection, or has been sent to him at least 72 hours before that time by the recorded delivery service to his address last known to the person giving the notice; or

(iii)the test or inspection is made within 48 hours of an accident to which section 25 of the 1972 Act applies and in which the vehicle was involved.

(3) For the purposes of this regulation, the owner of the vehicle shall be deemed to be in the case of a vehicle—

(a)which is for the time being registered under the 1971 Act, and is not being used under a trade licence under that Act the person appearing as the owner of the vehicle in the register kept by the Secretary of State under that Act;

(b)used under a trade licence, the holder of the licence; or

(c)exempt from excise duty by virtue of the Motor Vehicles (International Circulation) Order 1975, the person resident outside the United Kingdom who has brought the vehicle into Great Britain;

and in cases (a) and (b) the address of the owner as shown on the said register or, as the case may be, on the licence may be treated as his address.

Modifications etc. (not altering text)

Commencement Information

I69Reg. 74 in force at 11.8.1986, see reg. 1

PART IVE+W+SCONDITIONS RELATING TO USE

AE+W+SLADEN WEIGHT

Maximum permitted laden weight of a vehicleE+W+S

75.—(1) Save as provided in paragraph (2), the laden weight of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum permitted laden weight specified in that item in column 3.

(2) The maximum permitted laden weight of a vehicle first used before 1st June 1973 which falls in item 1 or 2 shall not be less than would be the case if the vehicle fell in item 9.

TABLE

(regulation 75(1))

12 3
ItemClass of vehicle Maximum permitted laden weight
(kg)
1A wheeled heavy motor car or motor car which is not described in items [F3651A, 2,] 4 or 5 and which complies with the relevant braking requirement [F366(see regulation 78(3) to (6) in relation to buses)] [F367The weight determined in accordance with Part I of Schedule 11]
[F3681A

A wheeled heavy motor car or motor car which is not described initem 2, 4, or 5, which complies with the relevant braking requirementand in which—

(a)

every driving axle not being a steering axle is fitted with twin tyres; and

(b)

either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 9,500kg.

The weight determined in accordance with Part IA of Schedule 11]
2A wheeled heavy motor car or motor car (not being an agricultural motor vehicle) which forms part of an articulated vehicle and which complies with the relevant braking requirementThe weight specified in column (5) in Part II of Schedule 11 in the item which is appropriate having regard to columns (2), (3) and (4) in that Part
3A wheeled trailer, including a composite trailer, but not including a semi-trailer, which is drawn by a motor tractor, heavy motor car or motor car which complies with the relevant braking requirement, other than a trailer described in items 6, 7, 8 or 11As for item 1
[F3694An articulated bus (see regulation 78(3) to (5))27,000]
5 A wheeled agricultural motor vehicle As for item 1, but subject to a maximum of 24,390
6A balanced agricultural trailer, as defined in paragraph (4), which is not described in items 8, 11 or 16 As for item 1, but subject to a maximum of 18,290
7An unbalanced agricultural trailer, as defined in paragraph (4) which is not described in items 8, 11 or 16 18,290 inclusive of the weight imposed by the trailer on the drawing vehicle
8A wheeled trailer manufactured on or after 27th February 1977 and fitted with brakes which automatically come into operation on the over-run of the trailer (whether or not it is fitted with any other brake), except an agricultural trailer which is being drawn by an agricultural motor vehicle, which complies with the requirements specified in items 3, 14 and 17 of Schedule 3 and of which the brakes can be applied either by the driver of the drawing vehicle or by some other person on that vehicle or on the trailer3,500
9 A wheeled heavy motor car or motor car not described in items 1, 2, 4 or 5—
(a) with not more than 4 wheels14,230
(b) with more than 4 but not more than 6 wheels20,330
(c) with more than 6 wheels 24,390
10A wheeled trailer not described in items 3, 6, 7, 8 or 11 having less than 6 wheels, and not forming part of an articulated vehicle; and an agricultural trailed appliance14,230
11

A trailer manufactured before 27th February 1977 and having no brakes other than—

(i) a parking brake and

(ii) brakes which come into operation on the overrun of the trailer

3,560
12A wheeled locomotive, not described in item 5, which is equipped with suitable and sufficient springs between each wheel and the vehicle's frame and with a pneumatic tyre or a tyre of soft or elastic material fitted to each wheel—
(a) if having less than 6 wheels 22,360
(b) if having 6 wheels26,420
(c) if having more than 6 wheels 30,490
13A track-laying locomotive with resilient material interposed between the rims of the weight-carrying rollers and the road so that the weight of the vehicle (other than that borne by any wheels and the portion of the track in contact with the road) is supported by the resilient material.22,360
14A locomotive not described in items 5, 12 or 1320,830
15A track-laying heavy motor car or motor car22,360
16A track-laying trailer13,210

(3) The maximum total weight of all trailers, whether laden or unladen, drawn at any one time by a locomotive shall not exceed [F37044,000 kg].

[F371(3A) Nothing in item 1 or 1A of the Table shall prevent a vehicle being used on a road if—

(a)a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and

(b)the laden weight of the vehicle does not exceed the weight shown in that certificate as being the weight not to be exceeded in Great Britain.]

(4) [F372In this Part of these Regulations and in Schedule 11—]

[F373“air spring” means a spring operated by means of air or other compressible fluid under pressure;

“air suspension” means a suspension system in which at least 75 per cent of the spring effect is caused by an air spring.]

“balanced agricultural trailer” means an agricultural trailer the whole of the weight of which is borne by its own wheels; and

“unbalanced agricultural trailer” means an agricultural trailer of which some, but not more than 35%, of the weight is borne by the drawing vehicle and the rest of the weight is borne by its own wheels.

[F374(5) For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with a road friendly suspension if its suspension is—

(a)an air suspension, or

(b)a suspension, not being an air suspension, which is regarded as being equivalent to an air suspension for the purposes of Community Directive 92/7.

(6) For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with twin tyres if it would be regarded as fitted with twin tyres for the purposes of Community Directive 92/7.]

Textual Amendments

Commencement Information

I70Reg. 75 in force at 11.8.1986, see reg. 1

Maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicleE+W+S

76.—(1) The total laden weight of a motor vehicle and the trailer or trailers (other than semi-trailers) drawn by it shall not, in a case specified in an item in column 2 of the Table, exceed the maximum permitted train weight specified in that item in column 3.

[F375(1A) This regulation is subject to Schedule 11A (exemptions relating to combined transport operations).]

[F376(2) In this regulation, the expressions “road friendly suspension”, “twin tyres” and “unbalanced agricultural trailer” shall be construed in accordance with regulation 75(4), (5) and (6).]

TABLE

(regulation 76(1))

12 3
ItemVehicle Combination Maximum permitted train weight
(kg)
[F3771

A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car (not being in any case an agricultural motor vehicle), where—

(a)

the combination has a total of 4 axles and is being used for international transport; and

(b)

the drawing vehicle is a vehicle which was first used on or after 1st April 1973 and complies with the relevant braking requirement

35,000]
[F3771A

A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 4 axles and the following conditions are satisfied in relation to the drawing vehicle, namely—

(a)

it was first used on or after 1st April 1973;

(b)

it complies with the relevant braking requirement;

(c)

every driving axle not being a steering axle is fitted with twin tyres; and

(d)

every driving axle is fitted with road friendly suspension

35,000]
[F3771AA

A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 5 or more axles and the following conditions are satisfied in relation to the drawing vehicle, namely—

(a)

it was first used on or after 1st April 1973;

(b)

it complies with the relevant braking requirement;

(c)

every driving axle not being a steering axle is fitted with twin tyres; and

(d)

either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500kg

38,000]
[F3771B

A wheeled trailer, not being part of a combination described in items 1, 1A or 1AA which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where—

(a)

the trailer is fitted with power–assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non– rotation of its engine; and

(b)

the drawing vehicle is equipped with a warning device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system

32,520]
1C

A wheeled trailer which is of a description specified in item 8 in the Table of regulation 75 drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), the drawing vehicle being a vehicle which—

(a) was first used on or after 1st April 1973; and

(b) complies with the relevant braking requirement

29,500
2 A wheeled agricultural motor vehicle drawing a wheeled unbalanced agricultural trailer, if the distance between the rearmost axle of the trailer and the rearmost axle of the drawing vehicle does not exceed 2.9 m20,000
3A wheeled trailer or trailers drawn by a wheeled motor tractor, heavy motor car, motor car or agricultural motor vehicle, not being a combination of vehicles mentioned in items 1 [F378, 1A, [F3791AA,] 1B, 1C] or 224,390
4 A track-laying trailer drawn by a motor tractor, heavy motor car or motor car, whether wheeled or track-laying and a wheeled trailer, drawn by a track-laying vehicle being a motor tractor, heavy motor car or motor car22,360

Textual Amendments

Commencement Information

I71Reg. 76 in force at 11.8.1986, see reg. 1

Maximum permitted laden weight of an articulated vehicleE+W+S

77.—(1) Except as provided in paragraph (2), the laden weight of an articulated vehicle of a class specified in an item in column 2 of the Table shall not exceed the weight specified in column 3 in that item.

TABLE

(regulation 77(1))

1 23
ItemClass of vehicle Maximum permitted laden weight
(kg)
1An articulated vehicle which complies with the relevant braking requirement.

Whichever is the lower of—

(a) the weight specified in column (3) of Part III of Schedule 11 in the item in which the spacing between the rearmost axles of the motor vehicle and the semi-trailer is specified in column (2), F380...; and

(b) if the vehicle is of a description specified in an item in column (2) of Part IV of Schedule 11, the weight specified in column (3) of that item

2An articulated vehicle which does not comply with the relevant braking requirement if the trailer has—
(a) less than 4 wheels20,330
(b) 4 wheels or more24,390

(2) This regulation does not apply to an agricultural motor vehicle, an agricultural trailer or an agricultural trailed appliance.

[F381(2A) This regulation is subject to Schedule 11A (exemptions relating to combined transport operations).]

[F382(3) In Part IV of Schedule 11, “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(5) and (6).]

Textual Amendments

Commencement Information

I72Reg. 77 in force at 11.8.1986, see reg. 1

Maximum permitted wheel and axle weightsE+W+S

78.—(1) The weight transmitted to the road by one or more wheels of a vehicle as mentioned in an item in column 2 of the Table shall not exceed the maximum permitted weight specified in that item in column 3.

(2) The Parts of the Table have the following application—

(a)Part I applies to wheeled heavy motor cars, motor cars and trailers which comply with the relevant braking requirement and to wheeled agricultural motor vehicles, agricultural trailers and agricultural trailed appliances; items 1(b) and 2 also apply to buses;

(b)Part II applies to wheeled heavy motor cars, motor cars and trailers which do not fall in Part I;

(c)Part III applies to wheeled locomotives; and

(d)Part IV applies to track-laying vehicles.

PART I

(wheeled heavy motor cars, motor cars and trailers which comply with the relevant braking requirement and wheeled agricultural motor vehicles, agricultural trailers and agricultural trailed appliances; and, in respect of items 1(b) and 2, buses)

TABLE

(regulation 78(1))

1 23
ItemWheel criteria Maximum permitted weight
(kg)
1Two wheels in line transversely each of which is fitted with a wide tyre or with two pneumatic tyres having the centres of their areas of contact with the road not less than 300 mm apart, measured at right angles to the longitudinal axis of the vehicle—
(a) if the wheels are on the sole driving axle of a motor vehicle [F383not being a bus],10,500
(b) if the vehicle is a bus which has 2 axles and of which the weight transmitted to the road surface by its wheels is calculated in accordance with regulation 78(5), 10,500
(c) in any other case10,170
2Two wheels in line transversely otherwise than as mentioned in item 1 9,200
3More than two wheels in line transversely—
(a) in the case of a vehicle manufactured before 1st May 1983 [F384where] the wheels are on one axle of a group of F385... closely spaced axles F386...,10,170
(b) in the case of a vehicle manufactured on or after 1st May 1983, 10,170
(c) in any other case11,180
4One wheel not transversely in line with any other wheel—
(a) if the wheel is fitted as described in item 1,5,090
(b) in any other case4,600

PART II

(wheeled heavy motor cars, motor cars and trailers not failing in Part I)

123
ItemWheel criteriaMaximum permitted weight
(kg)
5More than two wheels transmitting weight to a strip of the road surface on which the vehicle rests contained between two parallel lines at right angles to the longitudinal axis of the vehicle—
(a) less than 1.02 m apart, 11,180
(b) 1.02 m or more apart but less than 1.22 m apart, 16,260
(c) 1.22 m or more apart but less than 2.13 m apart18,300
6Two wheels in line transversely9,200
7One wheel, where no other wheel is in the same line transversely.4,600

PART III

(wheeled locomotives)

123
ItemWheel criteriaMaximum permitted weight
(kg)
8Two wheels in line transversely (except in the case of a road roller, or a vehicle with not more than four wheels first used before 1st June 1955)11,180
9Any two wheels in the case of a wheeled locomotive having not more than four wheels first used before 1st June 1955 (not being a road roller or an agricultural motor vehicle which is not driven at more than 20 mph)Three quarters of the total weight of the locomotive.

PART IV

(track-laying vehicles)

123
ItemWheel criteriaMaximum permitted weight
(kg)
10 The weight of a heavy motor car, motor car or trailer transmitted to any strip of the road surface on which the vehicle rests contained between two parallel lines 0.6 m apart at right angles to the longitudinal axis of the vehicle 10,170
11Two wheels in line—
(a) heavy motor cars or motor cars with 2 wheels,8,130
(b) heavy motor cars or motor cars with more than 2 wheels7,630
12One wheel, where no other wheel is in the same line transversely, on a heavy motor car or a motor car4,070

(3) In the case of an articulated bus, or, subject to paragraph (4), of a bus first used before 1st April 1988, the laden weight, for the purposes of F387... regulation 75, and the weight transmitted to the road surface by wheels of the vehicle, for the purposes of items 1 and 2 of the Table in this regulation, shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—

(a)a full supply of water, oil and fuel; and

(b)weights of 63.5 kg for each person (including crew)—

(i) for whom a seat is provided in the position in which he may be seated; and

(ii) who may by or under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be carried, save that in the case of a bus (not being an articulated bus) only the number of such persons exceeding 8 shall be taken into account.

(4) The weights for the purposes referred to in paragraph (3) may, in the case of a bus to which that paragraph applies, be calculated in accordance with paragraph (5) instead of paragraph (3).

(5) In the case of a bus first used on or after 1st April 1988, the weights for the purposes referred to in paragraph (3) shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—

(a)a full supply of water, oil and fuel;

(b)a weight of 65 kg for each person (including crew)—

(i) for whom a seat is provided, in the position in which he may be seated; and

(ii) who may by or under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be so carried, save that in the case of a bus (not being an articulated bus) only the number of such persons exceeding 4 shall be taken into account;

(c)all luggage space within the vehicle but not within the passenger compartment loaded at the rate of 100 kg per m3 or 10 kg per person mentioned in sub-paragraph (b) above, whichever is the less; and

(d)any area of the roof of the vehicle constructed or adapted for the storage of luggage loaded with a uniformly distributed load at the rate of 75 kg per m2.

[F388(6) Regulation 75 shall not apply to a two axle bus if—

(a)its laden weight as calculated in accordance with paragraph (5) does not exceed 17,000kg; and

(b)the distance between the two axles is at least 3.0m.]

Textual Amendments

Commencement Information

I73Reg. 78 in force at 11.8.1986, see reg. 1

Maximum permitted weights for certain closely-spaced axles etcE+W+S

79.—(1) This regulation applies to—

(a)a wheeled motor vehicle which complies with the relevant braking requirement;

(b)a wheeled trailer which is drawn by such a motor vehicle; and

(c)an agricultural motor vehicle, an agricultural trailer and an agricultural trailed appliance.

[F389(2) Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part V of Schedule 11 and has two closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the maximum permitted weight specified in column 3 of that item.

(3) Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part VI of Schedule 11 and has three closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the weight specified in column 3.

(4) Save as provided by paragraph (5), where a vehicle is fitted with four or more closely-spaced axles, the weight transmitted to the road surface by all the wheels of those axles shall not exceed 24,000kg.]

(5) Nothing in paragraphs (2), (3) or (4) of this regulation shall apply so as to prevent a vehicle first used before 1st June 1973 from being used on a road at a weight as respects those axles at which it could be used if it fell within item 5 in the Table in regulation 78 [F390and nothing in those paragraphs shall prevent a vehicle being used on a road if—

(a)a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and

(b)no axle has an axle weight exceeding the weight shown in that certificate as being the weight not to be exceeded in Great Britain for that axle.]

[F391(6) In Parts V and VI of Schedule 11, “air-suspension” “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(4), (5) and (6).]

Textual Amendments

Commencement Information

I74Reg. 79 in force at 11.8.1986, see reg. 1

[F392Saving for the Road Vehicles (Authorised Weight) Regulations 1998E+W+S

79A.  Nothing in regulations 75 to 79 shall be taken to prohibit the use of a vehicle in circumstances where the maximum authorised weight for the vehicle, for any vehicle combination of which the vehicle forms part and for any axle of the vehicle, as determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998, is not exceeded.]

Textual Amendments

Over-riding weight restrictionsE+W+S

80.—(1) Subject to [F393paragraphs (2), [F394(2B), (2C) and (4)]] , no person shall use, or cause or permit to be used, on a road a vehicle—

(a)fitted with a plate in accordance with regulation 66, but for which no plating certificate has been issued, if any of the weights shown on the plate is exceeded;

(b)for which a plating certificate has been issued, if any of the weights shown in column (2) of the plating certificate is exceeded; or

(c)required by regulation 68 to be fitted with a plate, if the maximum gross weight referred to in paragraph (2)(c) of that regulation is exceeded.

(2) Where any two or more axles are fitted with a compensating arrangement in accordance with regulation 23 the sum of the weights shown for them in the plating certificate shall not be exceeded. In a case where a plating certificate has not been issued the sum of the weights referred to shall be that shown for the said axles in the plate fitted in accordance with regulation 66.

[F395(2A) Paragraph (1) shall not apply to a vehicle for which a plating certificate has been issued in the form set out in Schedule 10A or 10C where—

(a)the vehicle is being used for international transport; and

(b)none of the weights shown in column (3) of the plating certificate is exceeded.

(2B) Where both a train weight and a maximum train weight are shown in column (2) of a plating certificate issued for a motor vehicle, paragraph (1)(b) in so far as it relates to train weights shall not apply to the motor vehicle if—

(a)the motor vehicle is a wheeled heavy motor car drawing a wheeled trailer and the requirements set out in Part II of Schedule 11A are for the time being fulfilled; or

(b)the motor vehicle is comprised in an articulated vehicle and the requirements set out in Part III of Schedule 11A are for the time being fulfilled,

and the train weight of the motor vehicle does not exceed the maximum train weight shown in column (2) of the certificate.]

(3) Nothing in regulations 75 to 79 [F396or in the Road Vehicles (Authorised Weight) Regulations 1998] shall permit any such weight as is mentioned in the preceding provisions of this regulation to be exceeded and nothing in this regulation shall permit any weight prescribed by regulations 75 to 79 [F396or in the Road Vehicles (Authorised Weight) Regulations 1998] in relation to the vehicle in question to be exceeded.

[F397(4) Paragraph (1) shall not apply where a vehicle is used on a road before 1st January 2000 if–

(a)the vehicle is fitted with a plate in accordance with regulation 66(1)(b) and the maximum gross weight and the maximum weight for any axle of the vehicle are not exceeded; or

(b)there is in force a plating certificate for the vehicle that was issued before 1st January 1999 and the design weight of the vehicle is not exceeded; and

(c)in either case the maximum authorised weight for the vehicle, maximum authorised weight for a combination of which the vehicle forms part and maximum authorised weight for any axle of the vehicle, determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998, are not exceeded.]

Textual Amendments

Commencement Information

I75Reg. 80 in force at 11.8.1986, see reg. 1

BE+W+SDIMENSIONS OF LADEN VEHICLES

Restrictions on use of vehicles carrying wide or long loads or having fixed appliances or apparatusE+W+S

81.  For the purposes of this regulation, regulation 82 and Schedule 12— E+W+S

(a)“lateral projection”, in relation to a load carried by a vehicle, means that part of the load which extends beyond a side of the vehicle;

(b) the width of any lateral projection shall be measured between longitudinal planes passing through the extreme projecting point of the vehicle on that side on which the projection lies and that part of the projection furthest from that point;

(c) references to a special appliance or apparatus, in relation to a vehicle, are references to any crane or other special appliance or apparatus fitted to the vehicle which is a permanent or essentially permanent fixture;

(d)“forward projection” and “rearward projection”—

(i)in relation to a load carried in such a manner that its weight [F398is borne by] only one vehicle, mean respectively that part of the load which extends beyond the foremost point of the vehicle and that part which extends beyond the rearmost point of the vehicle;

(ii)in relation to a load carried in such a manner that part of its weight [F399is borne by] more than one vehicle, mean respectively that part of the load which extends beyond the foremost point of the foremost vehicle by which the load is carried except where the context otherwise requires and that part of the load which extends beyond the rearmost point of the rearmost vehicle by which the load is carried; and

(iii)in relation to any special appliance or apparatus, mean respectively that part of the appliance or apparatus which, if it were deemed to be a load carried by the vehicle, would be a part of a load extending beyond the foremost point of the vehicle and that part which would be a part of a load extending beyond the rearmost point of the vehicle,

and references in regulation 82 and Schedule 12 to a forward projection or to a rearward projection in relation to a vehicle shall be construed accordingly;

(e) the length of any forward projection or of any rearward projection shall be measured between transverse planes passing—

(i) in the case of a forward projection, through the foremost point of the vehicle and that part of the projection furthest from that point; and

(ii) in the case of a rearward projection, through the rearmost point of the vehicle and that part of the projection furthest from that point;

In this and the foregoing sub-paragraph “vehicle” does not include any special appliance or apparatus or any part thereof which is a forward projection or a rearward projection;

(f) references to the distance between vehicles, in relation to vehicles carrying a load, are references to the distance between the nearest points of any two adjacent vehicles by which the load is carried, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

For the purposes of this sub-paragraph, in determining the nearest point of two vehicles any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other and any fitting designed for use in connection with any such part shall be disregarded;

(g) references to a combination of vehicles, in relation to a motor vehicle which is drawing one or more trailers, are references to the motor vehicle and the trailer or trailers drawn thereby, including any other motor vehicle which is used for the purpose of assisting in the propulsion of the trailer or the trailers on the road;

(h) the overall length of a combination of vehicles shall be taken as the distance between the foremost point of the drawing vehicle comprised in the combination and the rearmost point of the rearmost vehicle comprised therein, measured when the longitudinal axis of each vehicle comprised in the combination lies in the same vertical plane;

(i) the extreme projecting point of a vehicle is the point from which the overall width of the vehicle is calculated in accordance with the definition of overall width contained in regulation 3(2);

(j) without prejudice to sub-paragraph (e) the foremost or, as the case may be, the rearmost point of a vehicle is the foremost or rearmost point from which the overall length of the vehicle is calculated in accordance with the definition of overall length contained in regulation 3(2); and

(k) an agricultural, horticultural or forestry implement rigidly but not permanently mounted on an agricultural motor vehicle, agricultural trailer or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels, shall not be treated as a load, or special appliance, on that vehicle.

Textual Amendments

Commencement Information

I76Reg. 81 in force at 11.8.1986, see reg. 1

82.—(1)  No load shall be carried on a vehicle so that the overall width of the vehicle together with the width of any lateral projection or projections of its load exceeds 4.3m.E+W+S

(2)  Subject to the following provisions of this regulation, no load shall be carried on a vehicle so that—

(a) the load has a lateral projection or projections on either side exceeding 305mm; or

(b) the overall width of the vehicle and of any lateral projection or projections of its load exceeds 2.9m.

Provided that this paragraph does not apply to the carriage of—

(i)loose agricultural produce not baled or crated; or

(ii)an indivisible load if—

(A)it is not reasonably practicable to comply with this paragraph and the conditions specified in [F400paragraphs 1 and 5] of Schedule 12 are complied with; and

(B)where the overall width of the vehicle together with the width of any lateral projection or projections of its load exceeds 3.5m, the conditions specified in paragraph 2 of Schedule 12 are complied with.

(3)  Where a load is carried so that its weight rests on a vehicle or vehicles, the length specified in paragraph (5) shall not exceed 27.4m.

[F401(4) A load shall not be carried so that its weight is borne by a vehicle or vehicles if either—

(a)the length specified in paragraph (5) exceeds 18.65m; or

(b)the load is borne by a trailer or trailers and the length specified in paragraph (6) exceeds 25.9m,

unless the conditions specified in paragraphs 1 and 2 of Part I of Schedule 12 are complied with.]

(5)  The length referred to in paragraphs (3) and (4)(a) is—

(a) where the [F402weight of the load is borne by] a single vehicle, the overall length of the vehicle together with the length of any forward and rearward projection of the load;

(b) where the [F402weight of the load is borne by] a motor vehicle and one trailer, whether or not forming an articulated vehicle, the overall length of the trailer together with the length of any projection of the load in front of the foremost point of the trailer and of any rearward projection of the load; and

(c) in any other case, the overall length of all the vehicles [F403which bear the weight of the load], together with the length of any distance between them and of any forward or rearward projection of the load.

(6)  The length referred to in paragraph (4)(b) is the overall length of the combination of vehicles, together with the length of any forward or rearward projection of the load.

(7)  Subject to the following provisions of this regulation no person shall use, or cause or permit to be used, on a road a vehicle, not being a straddle carrier, carrying a load or fitted with a special appliance or apparatus if the load, appliance or apparatus has a forward projection of a length specified in an item in column 2 of the Table, or rearward projection of a length specified in an item in column 3, unless the conditions specified in that item in column 4 are complied with.

TABLE

(regulation 82(7))

1234
ItemLength of forward projectionLength of rearward projectionConditions to be complied with
(a)(b)
if the load consists of a racing boat propelled solely by oars.in any other case
1 Exceeding 1 m but not exceeding 2 m—Para 4 of Schedule 12—
2Exceeding 2 m but not exceeding 3.05 m —Para 4 of Schedule 12Paras 2 and 3 of Schedule 12
3 Exceeding 3.05 m— Paras 1 and 4 of Schedule 12Paras 1, 2 and 3 of Schedule 12
4—Exceeding 1 m but not exceeding 2 mPara 4 of Schedule 12Para 4 of Schedule 12
5—Exceeding 2 m but not exceeding 3.05 mPara 4 of Schedule 12Para 4 of Schedule 12
6—Exceeding 3.05 mParas 1 and 4 of Schedule 12Paras 1, 2 and 3 of Schedule 12

(8)  Subject to the following provisions of this regulation, no person shall use, or cause or permit to be used, on a road a straddle carrier carrying a load if—

(a) the load has a rearward projection exceeding 1 m unless the conditions specified in paragraph 4 of Schedule 12 are met;

(b) the load has a forward projection exceeding 2 m or a rearward projection exceeding 3m; or

(c) the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m

Provided that—

(i)sub-paragraph (a) does not apply to a vehicle being used in passing from one part of private premises to another part thereof or to other private premises in the immediate neighbourhood;

(ii)sub-paragraphs (b) and (c) do not apply to a vehicle being used as in proviso (i) above if—

(A)the vehicle is not being driven at a speed exceeding 12 mph; and

(B)where the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m, the conditions specified in paragraphs 1 and 2 of Schedule 12 are complied with.

(9)  Where another vehicle is attached to that end of a vehicle from which a projection extends, then for the purposes of any requirement in this regulation to comply with paragraph 3 or 4 of Schedule 12, that projection shall be treated as a forward or rearward projection only if, and to the extent that it extends beyond the foremost point or, as the case may be, the rearmost point, of that other vehicle, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

(10)  In the case of a vehicle being used—

(a) for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes); or

(b) in connection with the removal of any obstruction to traffic,

if compliance with any provision of this regulation would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used, that provision does not apply to that vehicle while it is being so used.

(11)  No person shall use, or cause or permit to be used, on a road an agricultural, horticultural or forestry implement rigidly, but not permanently, mounted on a wheeled agricultural motor vehicle, agricultural trailer, or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels if—

(a) the overall width of the vehicle together with the lateral projection of the implement exceeds [F4042.55]m; or

(b) the implement projects more than 1m forwards or rearwards of the vehicle,

so however, that this restriction shall not apply in a case where—

(i) part of the weight of the implement is supported by one or more of its own wheels; and

(ii) the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle.

Textual Amendments

Commencement Information

I77Reg. 82 in force at 11.8.1986, see reg. 1

CE+W+STRAILERS AND SIDECARS

Number of trailersE+W+S

83.—(1) No person shall use, or cause or permit to be used, on a road a wheeled vehicle of a class specified in an item in column 2 of the Table drawing a trailer, subject to any exceptions which may be specified in that item in column 3.

TABLE

(regulation 83(1))

12 3
ItemClass of vehicles Exceptions
1A straddle carrier—
2An invalid carriage—
3An articulated bus—
4 A bus not being an articulated bus or a minibus

(a) 1 broken down bus where no person other than the driver is carried in either vehicle or

(b) [F4051 trailer]

5A locomotive3 trailers
6A motor tractor

[F4061 trailer],

2 trailers if neither is laden

7A heavy motor car or a motor car not described in item 1, 3 or 4

2 trailers if one of them is a towing implement and part of the other is secured to and either rests on or is suspended from that implement

1 trailer in any other case

8An agricultural motor vehicle
(a)

in respect of trailers other than agricultural trailers and agricultural trailed appliances, such trailers as are permitted under items 5, 6, or 7 above, as the case may be; or

(b)

in respect of agricultural trailers and agricultural trailed appliances—

(i)

2 unladen agricultural trailers, or

(ii)

1 agricultural trailer and I agricultural trailed appliance, or

(iii)

2 agricultural trailed appliances

(2) For the purposes of items 5, 6 and 7 of the Table—

(a)an unladen articulated vehicle, when being drawn by another motor vehicle because it has broken down, shall be treated as a single trailer; and

(b)a towed roller used for the purposes of agriculture, horticulture or forestry and consisting of several separate rollers shall be treated as one agricultural trailed appliance.

(3) No track-laying motor vehicle which exceeds 8 m in overall length shall draw a trailer other than a broken down vehicle which is being drawn in consequence of the breakdown.

[F407(4) For the purpose of this regulation, the word “trailer” does not include a vehicle which is drawn by a steam powered vehicle and which is used solely for carrying water for the purpose of the drawing vehicle.]

Textual Amendments

Commencement Information

I78Reg. 83 in force at 11.8.1986, see reg. 1

Trailers drawn by motor cyclesE+W+S

84.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road a motor cycle—

(a)drawing behind it more than one trailer;

(b)drawing behind it any trailer carrying a passenger;

(c)drawing behind it a trailer with an unladen weight exceeding 254 kg;

(d)with not more than 2 wheels, without a sidecar, and with an engine capacity which does not exceed 125 cc, drawing behind it any trailer; or

(e)with not more than 2 wheels, without a sidecar and with an engine capacity exceeding 125 cc, drawing behind it any trailer unless—

(i) the trailer has an overall width not exceeding 1 m;

(ii) the distance between the rear axle of the motor cycle and the rearmost part of the trailer does not exceed 2.5 m;

(iii) the motor cycle is clearly and indelibly marked in a conspicuous and readily accessible position with its kerbside weight;

(iv) the trailer is clearly and indelibly marked in a conspicuous and readily accessible position with its unladen weight; and

(v) the laden weight of the trailer does not exceed 150 kg or two thirds of the kerbside weight of the motor cycle, whichever is the less.

(2) The provisions of paragraph (1)(b), (d) and (e) do not apply if the trailer is a broken down motorcycle and one passenger is riding it.

Commencement Information

I79Reg. 84 in force at 11.8.1986, see reg. 1

Trailers drawn by agricultural motor vehiclesE+W+S

85.—(1) No person shall use, or cause or permit to be used, on a road a wheeled agricultural motor vehicle drawing one or more wheeled trailers if the weight of the drawing vehicle is less than a quarter of the weight of the trailer or trailers, unless the brakes fitted to each trailer in compliance with regulation 15 or 16 are operated directly by the service braking system fitted to the motor vehicle.

(2) No person shall use, or cause or permit to be used, on a road, any motor vehicle drawing an agricultural trailer of which—

(a)more than 35% of the weight is borne by the drawing vehicle; or

(b)the gross weight exceeds 14,230 kg, unless it is fitted with brakes as mentioned in paragraph (1).

(3) No person shall use, or cause or permit to be used, on a road an agricultural trailer manufactured on or after 1st December 1985 which is drawn by a motor vehicle first used on or after 1st June 1986 unless the brakes fitted to the trailer—

(a)in accordance with regulation 15 can be applied progressively by the driver of the drawing vehicle, from his normal driving position and while keeping proper control of that vehicle, using a means of operation mounted on the drawing vehicle; or

(b)automatically come into operation on the over-run of the trailer.

Commencement Information

I80Reg. 85 in force at 11.8.1986, see reg. 1

Distance between motor vehicles and trailersE+W+S

86.—(1) Where a trailer is attached to the vehicle immediately in front of it solely by means of a rope or chain, the distance between the trailer and that vehicle shall not in any case exceed 4.5 m, and shall not exceed 1.5 m unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side.

(2) For the purpose of determining the said distance any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other and any fitting designed for use in connection with any such part shall be disregarded.

Commencement Information

I81Reg. 86 in force at 11.8.1986, see reg. 1

[F408Use of secondary coupling on trailersE+W+S

86A.—(1) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if the trailer—

(a)is a trailer to which regulation 15 applies; and

(b)is not fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,

unless the requirements of paragraph (2) are met in relation to the motor vehicle and trailer.

(2) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that a secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of the separation of the main coupling while the trailer is in motion,—

(a)the drawbar of the trailer would be prevented from touching the ground; and

(b)there would be some residual steering of the trailer.

(3) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if—

(a)the trailer is a trailer to which regulation 15 applies;

(b)the trailer is fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion;

(c)the operation of the device in those circumstances depends upon a secondary coupling linking the device to the motor vehicle; and

(d)the trailer is not also fitted with a device which is designed to stop the trailer automatically in those circumstances in the absence of such a secondary coupling,

unless the requirements of paragraph (4) are met in relation to the motor vehicle and trailer.

(4) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that the secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of the separation of the main coupling while the trailer is in motion, the device of the kind referred to in paragraph (3)(b) and (c) fitted to the trailer would stop the trailer.

(5) This regulation is without prejudice to any other provision in these Regulations.]

Textual Amendments

[F409Use of mechanical coupling devicesE+W+S

86B.—(1) This regulation applies to every light passenger vehicle first used on or after 1st August 1998 in respect of which an EC certificate of conformity has effect.

(2) No person shall use or cause or permit to be used on a road any vehicle to which this regulation applies unless any mechanical coupling device which is attached to it complies with the relevant technical and installation requirements of Annexes I, V, VI and VII of Community Directive 94/20 and is marked in accordance with sub-paragraphs 3.3.4 to 3.3.5 of Annex I to that Directive.

(3) For the purposes of this regulation, in a case where a vehicle is drawing a trailer a mechanical coupling device shall not be regarded as being attached to that vehicle if it forms part of the trailer.

(4) In this regulation “mechanical coupling device” shall be construed in accordance with paragraph 2.1 of Annex I to Community Directive 94/20.]

Textual Amendments

Unbraked trailersE+W+S

87.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road an unbraked wheeled trailer if—

(a)its laden weight exceeds its maximum gross weight; or

(b)it is drawn by a vehicle of which the kerbside weight is less than twice the sum of the unladen weight of the trailer and the weight of any load which the trailer is carrying.

(2) This regulation does not apply to—

(a)an agricultural trailer; or

(b)a trailer mentioned in [F410paragraph (b), (bb), (bc), (c), (d), (e), (f) or (g) of regulation 16(3)].

Textual Amendments

Commencement Information

I82Reg. 87 in force at 11.8.1986, see reg. 1

Use of bridging plates between motor vehicle and trailerE+W+S

F41188.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Leaving trailers at restE+W+S

89.  No person in charge of a motor vehicle, or trailer drawn thereby, shall cause or permit such trailer to stand on a road when detached from the drawing vehicle unless one at least of the wheels of the trailer is (or, in the case of a track-laying trailer, its tracks are) prevented from revolving by the setting of [F412a parking brake] or the use of a chain, chock or other efficient device.

Textual Amendments

Commencement Information

I83Reg. 89 in force at 11.8.1986, see reg. 1

Passengers in trailersE+W+S

90.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road any trailer for the carriage of passengers for hire or reward.

(2) The provisions of paragraph (1) do not apply in respect of a wheeled trailer which is, or is carrying, a broken down motor vehicle if—

(a)the trailer is drawn at a speed not exceeding 30 mph; and

(b)where the trailer is, or is carrying, a broken down bus, it is attached to the drawing vehicle by a rigid draw bar.

(3) Save as provided in paragraph (4), no person shall use, or cause or permit to be used, on a road a wheeled trailer in which any person is carried and which is a living van having either—

(a)less than 4 wheels; or

(b)4 wheels consisting of two close-coupled wheels on each side.

(4) The provisions of paragraph (3) do not apply in respect of a trailer which is being tested by—

(a)its manufacturer;

(b)a person by whom it has been, or is being, repaired; or

(c)a distributor of, or dealer in, trailers.

Commencement Information

I84Reg. 90 in force at 11.8.1986, see reg. 1

Attendants on trailers and certain other vehiclesE+W+S

91.—(1) The requirements of section 34 of the 1972 Act with regard to the employment of drivers and attendants shall not apply in respect of the following vehicles—

(a)an articulated vehicle;

(b)an agricultural motor vehicle which is drawing an agricultural trailer or an agricultural trailed appliance;

(c)a trailer with not more than two wheels drawn by a motor car or a motor cycle or a four-wheeled trailer having two close-coupled wheels on each side drawn by a motor car;

(d)a motor tractor drawing any—

(i) closed trailer specially constructed and used for the conveyance of meat between docks and railway stations or between wholesale markets and docks or railway stations;

(ii) machine or implement used for the purpose of the maintenance, repair or cleansing of roads; or

(iii) refuse vehicle;

(e)a works truck drawing any works trailer where the unladen weight of each vehicle does not exceed 1525 kg;

(f)a motor vehicle drawing a trailer which has no brakes other than a parking brake and brakes which automatically come into operation on the overrun of the trailer;

(g)a road roller;

(h)a motor vehicle belonging to the Secretary of State for Defence and being used for naval, military or air force purposes drawing a trailer fitted with brakes which can be applied by the driver of the drawing vehicle;

(i)a motor vehicle drawing a broken down vehicle, whether or not in consequence of a breakdown, in such a manner that the broken down vehicle cannot be steered by its own steering gear;

(j)a motor vehicle drawing another vehicle in the exercise of a statutory power of removal in such a manner that the vehicle being so drawn cannot be steered by its own steering gear;

(k)a motor vehicle which is drawing a towing implement not attached to any other vehicle; or

(l)a motor vehicle drawing a trailer or trailers where every such trailer is fitted with power-assisted or power-operated brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of the engine of the drawing vehicle—

(i) where one such trailer is drawn; or

(ii) where two or more such trailers are drawn, if one attendant is carried on either the drawing vehicle or a trailer for the purpose of attending to the trailers.

(2) The requirements of the said section 34 with regard to the employment of persons to drive or attend a locomotive whilst being driven on a highway shall not apply in the case of a locomotive propelled by the combustion of liquid fuel or by electrical power, whether or not the locomotive is drawing a trailer or trailers.

(3) The provisions of this regulation shall not be treated as prejudicing the operation of any provision of regulation 82 in so far as it provides, in relation to the use of a vehicle on a road, for compliance with the conditions specified in paragraph 2 of Schedule 12 (which relates to the employment of persons in attending to vehicles and their load).

Commencement Information

I85Reg. 91 in force at 11.8.1986, see reg. 1

Attachment of sidecarsE+W+S

92.  Every sidecar fitted to a motor cycle shall be so attached that the wheel thereof is not wholly outside the space between transverse planes passing through the extreme projecting points at the front and at the rear of the motor cycle.

Commencement Information

I86Reg. 92 in force at 11.8.1986, see reg. 1

Use of sidecarsE+W+S

93.  No person shall use or cause or permit to be used on a road any two-wheeled motor cycle registered on or after 1st August 1981, not being a motor cycle brought temporarily into Great Britain by a person resident abroad, if there is a sidecar attached to the right (or off) side of the motor cycle.

Commencement Information

I87Reg. 93 in force at 11.8.1986, see reg. 1

[F413CAE+W+SUSE OF MOTOR VEHICLES FOR THE CARRIAGE OR HAULAGE OF DANGEROUS GOODS

Textual Amendments

Additional braking requirements for motor vehicles carrying or hauling dangerous goodsE+W+S

93A—(1) Subject to paragraph (5), no person shall use or cause or permit to be used a motor vehicle for the carriage or haulage of dangerous goods on a road if it is a vehicle within the meaning of the Framework Directive and—

(a)its maximum gross weight exceeds 16,000 kg; or

(b)it is drawing a trailer which has a maximum total design axle weight exceeding 10,000 kg,

unless the vehicle meets the requirements of paragraph (2).

(2) Subject to paragraph (6), in order for a motor vehicle to meet the requirements of this paragraph—

(a)it must not be drawing more than one trailer;

(b)without prejudice to regulation 15, it must be fitted with an anti-lock braking system that meets the requirements of paragraph (1) of marginal 220 521 of Appendix B.2 to Annex B to the ADR;

(c)it must be fitted with an endurance braking system (which may consist of one device or a combination of several devices) that meets the requirements of sub-paragraphs (a) to (d) of paragraph (2) of marginal 220 522 of Appendix B.2 to Annex B to the ADR;

(d)if it is not drawing a trailer, it must meet the requirements of the 4th, 5th, 6th and 7th sub-paragraphs of paragraph (2) of marginal 10 221 of Annex B to the ADR;

(e)without prejudice to regulation 15, if it is drawing a trailer with a maximum total design axle weight exceeding 10,000 kg—

(i)the trailer must be fitted with an anti-lock braking system that meets the requirements of paragraph (2) of marginal 220 521 of Appendix B.2 to Annex B to the ADR, and

(ii)the electrical connections between the motor vehicle and the trailer must meet the requirements of paragraph (3) of marginal 220 521 of Appendix B.2 to Annex B to the ADR;

(f)if it is drawing a trailer, the combination of vehicles must meet the requirements of the 4th, 5th, 6th and 7th sub-paragraphs of paragraph (2) of marginal 10 221 of Annex B to the ADR;

(g)if it is drawing a trailer fitted with an endurance braking system, the trailer must meet the requirements of paragraph (3) of marginal 220 522 of Appendix B.2 to Annex B to the ADR; and

(h)if it is drawing a trailer, the requirements of either paragraph (3) or (4) must be met.

(3) The requirements of this paragraph are that the motor vehicle meets the requirements of paragraph (2)(e) of marginal 220 522 of Appendix B.2 to Annex B to the ADR.

(4) The requirements of this paragraph are that the motor vehicle—

(a)does not contravene the restriction mentioned in sub-paragraph (f) of paragraph (2) of marginal 220 522 of Appendix B.2 to Annex B to the ADR; and

(b)meets the requirements of the second sentence of that sub-paragraph in relation to the trailer.

(5) Paragraph (1) does not apply to a motor vehicle manufactured before 1st January 1997.

(6) Sub-paragraph (e) of paragraph (2) does not apply to a trailer manufactured before 1st January 1997.

(7) For the purposes of this regulation, Annex B to the ADR (including the Appendices to that Annex) shall have effect as if—

(a)references to ECE Regulation 13 (however expressed) were references to ECE Regulation 13.06 or 13.07;

(b)references to Directive 71/320/EEC were references to Community Directive 91/422;

(c)references to the corresponding EEC Directive, in relation to Annex 5 to ECE Regulation 13, were references to paragraph 1.5 of Annex II to Community Directive 91/422.

(8) Subject to paragraph (9), a reference in this regulation to dangerous goods is a reference to a load comprising explosives of such type and in such quantity that it could not be carried by road in a single transport unit of Type I and II without there being a contravention of the restrictions set out in marginal 11 401 of Annex B to the ADR as read with marginal 11 402 of that Annex.

(9) For the purposes of paragraph (8)—

(a)marginal 11 402 of Annex B to the ADR shall have effect with the omission of the words “in conformity with the prohibitions of mixed loading contained in 11 403”; and

(b)“transport unit of Type I or II” means a transport unit of Type I or a transport unit of Type II as defined in marginal 11 204 of that Annex.

(10) In this regulation, “ADR” means the 1995 edition of the “European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)” produced by the Department of Transport and published by Her Majesty’s Stationery Office (ISBN 0-11-551265-9).]

DE+W+SUSE OF GAS PROPULSION SYSTEMS AND GAS-FIRED APPLIANCES

Use of gas propulsion systemsE+W+S

94.—(1) No person shall use, or cause or permit to be used, on a road a vehicle with a gas propulsion system unless the whole of such system is in a safe condition.

(2) No person shall use, or cause or permit to be used, in any gas supply system for the propulsion of a vehicle when the vehicle is on a road any fuel except liquefied petroleum gas.

(3) No person shall use, or cause or permit to be used, on a road a vehicle which is propelled by gas unless the gas container in which such fuel is stored is on the motor vehicle, and not on any trailer, and in the case of an articulated vehicle on the portion of the vehicle to which the engine is fitted.

(4) In this regulation and in regulation 95 “liquefied petroleum gas” means—

(a)butane gas in any phase which meets the requirements contained in the specification of commercial butane and propane issued by the British Standards Institution under the number BS4250: 1975 and published on 29th August 1975; or

(b) propane gas in any phase which meets the requirements contained in the said specification; or

(c) any mixture of such butane gas and such propane gas.

Commencement Information

I88Reg. 94 in force at 11.8.1986, see reg. 1

Use of gas-fired appliances—generalE+W+S

95.—(1) No person shall use, or cause or permit to be used, in or on a vehicle on a road any gas-fired appliance unless the whole of such appliance and the gas system attached thereto is in an efficient and safe condition.

(2) No person shall use, or cause or permit to be used, in any gas-fired appliance in or on a vehicle on a road any fuel except liquefied petroleum gas as defined in regulation 94(4).

(3) No person shall use, or cause or permit to be used, in or on a vehicle on a road any gas-fired appliance unless the vehicle is so ventilated that—

(a)an ample supply of air is available for the operation of the appliance;

(b)the use of the appliance does not adversely affect the health or comfort of any person using the vehicle; and

(c)any unburnt gas is safely disposed of to the outside of the vehicle.

(4) No person shall use, or cause or permit to be used, on a road a vehicle in or on which there is—

(a)one gas-fired appliance unless the gas supply for such appliance is shut off at the point where it leaves the container of containers at all times when the appliance is not in use;

(b)more than one gas-fired appliance each of which has the same supply of gas unless the gas supply for such appliances is shut off at the point where it leaves the container or containers at all times when none of such appliances is in use; or

(c)more than one gas-fired appliance each of which does not have the same supply of gas unless each gas supply for such appliances is shut off at the point where it leaves the container or containers at all times when none of such appliances which it supplies is in use.

Commencement Information

I89Reg. 95 in force at 11.8.1986, see reg. 1

Use of gas-fired appliances when a vehicle is in motionE+W+S

96.—(1) Subject to paragraph (2), this regulation applies to every motor vehicle and trailer.

(2) Paragraphs (3) and (4) do not apply to a vehicle constructed or adapted for the conveyance of goods under controlled temperatures.

(3) No person shall use, or cause or permit to be used, in any vehicle to which this paragraph applies, while the vehicle is in motion on a road, any gas-fired appliance except—

(a)a gas-fired appliance which is fitted to engineering plant while the plant is being used for the purposes of the engineering operations for which it was designed;

(b)a gas-fired appliance which is permanently attached to a bus, provided that any appliance for heating or cooling the interior of the bus for the comfort of the driver and any passengers does not expose a naked flame on the outside of the appliance; or

(c)in any other vehicle, a refrigerating appliance or an appliance which does not expose a naked flame on the outside of the appliance and which is permanently attached to the vehicle and designed for the purpose of heating any part of the interior of the vehicle for the comfort of the driver and any passengers.

(4) No person shall use, or cause or permit to be used, in any vehicle to which this paragraph applies, while the vehicle is in motion on a road, any gas-fired appliance to which—

(a)sub-paragraph (3)(a) refers, unless the appliance complies with the requirements specified in paragraphs 12 and 13 of Schedule 5 and the gas system to which it is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of Schedule 5; or

(b)sub-paragraph (3)(b) refers, unless the appliance complies with the requirements specified in paragraphs 12, 13 and 14 of Schedule 5 and the gas system to which it is attached complies with the requirements specified in paragraphs 2 to 9, 11 and 15 of Schedule 5; or

(c)sub-paragraph (3)(c) refers, unless the appliance complies—

(i) if it is fitted to a motor vehicle, with the requirements specified in paragraphs 12, 13 and 14 of Schedule 5; and

(ii) in any other case, with the requirements specified in paragraphs 12 and 13 of Schedule 5;

and the gas system to which the appliance is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of Schedule 5.

(5) No person shall use, or cause or permit to be used, in a vehicle to which this regulation applies which is in motion on a road any gas-fired appliance unless it is fitted with a valve which stops the supply of gas to the appliance if the appliance fails to perform its function and causes gas to be emitted.

Commencement Information

I90Reg. 96 in force at 11.8.1986, see reg. 1

EE+W+SCONTROL OF NOISE

Avoidance of excessive noiseE+W+S

97.  No motor vehicle shall be used on a road in such manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver.

Commencement Information

I91Reg. 97 in force at 11.8.1986, see reg. 1

Stopping of engine when stationaryE+W+S

98.—(1) Save as provided in paragraph (2), the driver of a vehicle shall, when the vehicle is stationary, stop the action of any machinery attached to or forming part of the vehicle so far as may be necessary for the prevention of noise [F414or of exhaust emissions].

(2) The provisions of paragraph (1) do not apply—

(a)when the vehicle is stationary owing to the necessities of traffic;

(b)so as to prevent the examination or working of the machinery where the examination is necessitated by any failure or derangement of the machinery or where the machinery is required to be worked for a purpose other than driving the vehicle; or

(c)in respect of a vehicle propelled by gas produced in plant carried on the vehicle, to such plant.

Textual Amendments

Commencement Information

I92Reg. 98 in force at 11.8.1986, see reg. 1

Use of audible warning instrumentsE+W+S

99.—(1) Subject to the following paragraphs, no person shall sound, or cause or permit to be sounded, any horn, gong, bell or siren fitted to or carried on a vehicle which is—

(a)stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or

(b)in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.

(2) The provisions of paragraph (1)(a) do not apply in respect of the sounding of a reversing alarm when the vehicle to which it is fitted is about to move backwards and its engine is running.

(3) No person shall sound, or cause or permit to be sounded, on a road any reversing alarm fitted to a vehicle—

(a)unless the vehicle is a goods vehicle which has a maximum gross weight not less than 2000 kg, a bus, engineering plant, [F415a refuse vehicle,] or a works truck; or

(b)if the sound of the alarm is likely to be confused with a sound emitted in the operation of a pedestrian crossing established, or having effect as if established, under Part III of the 1984 Act.

(4) Subject to the provisions of the following paragraphs, no person shall sound, or cause or permit to be sounded a gong, bell, siren or two-tone horn, fitted to or otherwise carried on a vehicle (whether it is stationary or not).

(5) Nothing in paragraph (1) or (4) shall prevent the sounding of—

(a)an instrument or apparatus fitted to, or otherwise carried on, a vehicle at a time when the vehicle is being used for one of the purposes specified in regulation 37(5) and it is necessary or desirable to do so either to indicate to other road users the urgency of the purposes for which the vehicle is being used, or to warn other road users of the presence of the vehicle on the road; or

(b)a horn (not being a two-tone horn), bell, gong or siren—

(i) to raise alarm as to the theft or attempted theft of the vehicle or its contents; or

(ii) in the case of a bus, to summon help for the driver, the conductor or an inspector.

(6) Subject to the provisions of section 62 of the Control of Pollution Act 1974 and notwithstanding the provisions of paragraphs (1) and (4) above, a person may, between 12.00 hours and 19.00 hours, sound or cause or permit to be sounded an instrument or apparatus, other than a two-tone horn, fitted to or otherwise carried on a vehicle, being an instrument or apparatus designed to emit a sound for the purpose of informing members of the public that the vehicle is conveying goods for sale, if, when the apparatus or instrument is sounded, it is sounded only for that purpose.

(7) For the purposes of this regulation the expressions which are referred to in regulation 37(10) have the meanings there given to them and the expression “restricted road” in paragraph (1) means a road which is a restricted road for the purpose of section 81 of the 1984 Act.

Textual Amendments

Commencement Information

I93Reg. 99 in force at 11.8.1986, see reg. 1

FE+W+SAVOIDANCE OF DANGER

Maintenance and use of vehicle so as not to be a danger, etcE+W+S

100.—(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.

Provided that the provisions of this regulation with regard to the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.

(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.

Commencement Information

I94Reg. 100 in force at 11.8.1986, see reg. 1

[F416100A.—(1) No person shall use, or cause or permit to be used, on a road a vehicle displaying the rectangular plate described in the definition of “low platform trailer” in the Table in regulation 3(2) or anything resembling such a plate at a speed exceeding 40 mph.E+W+S

(2) No person shall use, or cause or permit to be used on a road a vehicle displaying the rectangular plate described in Schedule 13 (Plate for restricted speed vehicle) or anything resembling such a plate at a speed exceeding 50 mph.]

Textual Amendments

Parking in darknessE+W+S

101.—(1) Save as provided in paragraph (2) no person shall, except with the except with the permission of a police officer in a uniform, cause or permit any motor vehicle to stand on a road at any time between F417... sunset and F417... sunrise unless the near side of the vehicle is as close as may be to the edge of the carriageway.

(2) The provisions of paragraph (1) do not apply in respect of any motor vehicle—

(a) being used for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes) if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(b) being used in connection with—

(i) any building operation or demolition;

(ii) the repair of any other vehicle;

(iii) the removal of any obstruction to traffic;

(iv) the maintenance, repair or reconstruction of any road; or

(v) the laying, erection, alteration or repair in or near to any road of any sewer, main, pipe or apparatus for the supply of gas, water or electricity, of any telecommunication apparatus as defined in Schedule 2 to the Telecommunication Act 1984 or of the apparatus of any electric transport undertaking,

if, in any such case, compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(c) on any road in which vehicles are allowed to proceed in one direction only;

(d) standing on a part of a road set aside for the parking of vehicles or as a stand for hackney carriages or as a stand for buses or as a place at which such vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers where compliance with those provisions would conflict with the provisions of any order, regulations or byelaws governing the use of such part of a road for that purpose; or

(e) waiting to set down or pick up passengers in accordance with regulations made or directions given by a chief officer of police in regard to such setting down or picking up.

Textual Amendments

Commencement Information

I95Reg. 101 in force at 11.8.1986, see reg. 1

Passengers on motor cyclesE+W+S

102.  If any person in addition to the driver is carried astride a two-wheeled motor cycle on a road (whether a sidecar is attached to it or not) suitable supports or rests for the feet shall be available on the motor cycle for that person.

Commencement Information

I96Reg. 102 in force at 11.8.1986, see reg. 1

ObstructionE+W+S

103.  No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Commencement Information

I97Reg. 103 in force at 11.8.1986, see reg. 1

Driver's controlE+W+S

104.  No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Commencement Information

I98Reg. 104 in force at 11.8.1986, see reg. 1

Opening of doorsE+W+S

105.  No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.

Commencement Information

I99Reg. 105 in force at 11.8.1986, see reg. 1

ReversingE+W+S

106.  No person shall drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road.

Commencement Information

I100Reg. 106 in force at 11.8.1986, see reg. 1

Leaving motor vehicles unattendedE+W+S

107.—(1) Save as provided in paragraph (2), no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply in respect of a vehicle—

(a) being used for ambulance, fire brigade or police purposes; or

(b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to—

(i) drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or

(ii) maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus.

(3) In this regulation “parking brake” means a brake fitted to a vehicle in accordance with requirement 16 or 18 in Schedule 3.

Commencement Information

I101Reg. 107 in force at 11.8.1986, see reg. 1

Securing of suspended implementsE+W+S

108.  Where a vehicle is fitted with any apparatus or appliance designed for lifting and part of the apparatus or appliance consists of a suspended implement, the implement shall at all times while the vehicle is in motion on a road and when the implement is not attached to any load supported by the appliance or apparatus be so secured either to the appliance or apparatus or to some part of the vehicle that no danger is caused or is likely to be caused to any person on the vehicle or on the road.

Commencement Information

I102Reg. 108 in force at 11.8.1986, see reg. 1

Television setsE+W+S

109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;

(b) about the location of the vehicle and the road on which it is located;

(c) to assist the driver to see the road adjacent to the vehicle; or

(d) to assist the driver to reach his destination.

(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.

Commencement Information

I103Reg. 109 in force at 11.8.1986, see reg. 1

John Moore

Secretary of State for Transport

25th June 1986

Yn ôl i’r brig

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