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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.
[F1(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 [F2and before 1st October 1988] and has a maximum gross weight F3... 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;
[F4(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)[F5a motor] tractor;
(e)a works truck;
(f)an electrically-propelled goods vehicle [F6first 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;
[F7(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.
[F8(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) [F9Save 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—
[F10(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)[F11in the case of any other passenger or dual-purpose vehicle], every forward-facing seat constructed or adapted to accommodate one adult, and
[F12(iii)in any other case, every forward-facing front seat and every non-protected seat, and]
(b)comply with [F13the technical and installation requirements of] Community Directive 76/115 or 81/575 or 82/318 [F14or 90/629] [F15or 96/38] or ECE Regulation 14 [F14or 14.01 or 14.02] [F16or 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.
[F17(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 [F18with—
(a)Community Directive 76/115 or 81/575 or 82/318 [F19or 90/629] [F20or 96/38]; or
(b)ECE Regulation 14 or 14.01 or 14.02] [F21or 14.03].]
[F22(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 [F23“exposed forward-facing seat”] “forward-facing seat” [F24“forward-facing front seat” and “lap belt”], “seat belt” and “specified passenger's seat”
[F26(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
F1Reg. 46(1)(c) added (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(a)
F2Words in reg. 46(2)(a)(ii) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(i)
F3Words in reg. 46(2)(a)(ii) omitted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(i)
F4Reg. 46(2)(b) substituted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(ii)
F5Words in reg. 46(2)(d) substituted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(iii)
F6Words in reg. 46(2)(f) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(iv)
F7Reg. 46(2)(i) substituted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(v)
F8Reg. 46(2)(k) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(b)(vi)
F9Words in reg. 46(4) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(c)(i)
F10Reg. 46(4)(a)(i) substituted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(c)(ii)
F11Words in reg. 46(4)(a)(ii) substituted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(c)(iii)
F12Reg. 46(4)(a)(iii) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(c)(iv)
F13Words in reg. 46(4)(b) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(c)(v)
F14Words in reg. 46(4)(b) inserted (7.10.1991) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1991 (S.I. 1991/2003), regs. 1, 4(2)
F15Words in reg. 46(4)(b) inserted (1.11.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1998 (S.I. 1998/2429), regs. 1, 5
F16Words in reg. 46(4)(b) inserted (1.2.1995) by The Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 1994 (S.I. 1994/3270), regs. 1, 3
F17Reg. 46(4A)(4B) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(d)
F18Words in reg. 46(4B) substituted (7.9.1989) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1989 (S.I. 1989/1478), regs. 1, 3 (with reg. 2(2))
F19Words in reg. 46(4B)(a) added (7.10.1991) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1991 (S.I. 1991/2003), regs. 1, 4(3)
F20Words in reg. 46(4B)(a) inserted (1.11.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1998 (S.I. 1998/2429), regs. 1, 5
F21Words in reg. 46(4B)(b) inserted (1.2.1995) by The Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 1994 (S.I. 1994/3270), regs. 1, 3
F22Reg. 46(5)(5A) substituted for reg. 46(5) (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(e)
F23Words in reg. 46(6)(a) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(f)(i)
F24Words in reg. 46(6)(a) inserted (31.7.1987) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 (S.I. 1987/1133), regs. 1, 5(f)(ii)
F25Word in reg. 46(6) omitted (7.10.1991) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1991 (S.I. 1991/2003), regs. 1, 4(4)
F26Reg. 46(6)(b)(c) substituted for reg. 46(6)(b) (7.10.1991) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1991 (S.I. 1991/2003), regs. 1, 4(4)
Commencement Information
I1 in force at 11.8.1986, see reg. 1
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