The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987

Amendments to regulations relating to seat belts and anchorage points

5.  Regulation 46 shall be amended as follows—

(a)in paragraph (1), there shall be added the following new sub-paragraph—

“(c)every heavy motor car first used on or after 1st October 1988.”;

(b)in paragraph (2)—

(i)in sub-paragraph (a)(ii), after the words “1st April 1980” there shall be inserted the words “and before 1st October 1988” and the words “in Great Britain (determined in accordance with the provisions of Schedule 11)” shall be omitted;

(ii)for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b)a bus, being—

(i)a minibus—

(A) if first used before 1st October 1988, constructed or adapted to carry more than twelve passengers; or

(B) 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);”;

(iii)in sub-paragraph (d), for the words “an industrial” there shall be substituted the words “a motor”;

(iv)in sub-paragraph (f), after the words “goods vehicle” there shall be inserted the words “first used before 1st October 1988”;

(v)for sub-paragraph (i) there shall be substituted the following new sub-paragraph—

“(i)a vehicle having a maximum speed not exceeding 16 mph;” and

(vi)after sub-paragraph (j) there shall be inserted the following new sub-paragraph—

“(k)a locomotive.”;

(c)in paragraph (4)—

(i)at the beginning there shall be inserted the words “Save as provided in paragraph (4A) or (4B)”;

(ii)for sub-paragraph (a)(i) there shall be substituted the following sub-paragraph—

“(i)in the case of a minibus, a motor ambulance or a motor caravan—

(A) if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any); or

(B) if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat and”;

(iii)in sub-paragraph (a)(ii), for the words “in any other case” there shall be substituted the words “in the case of any other passenger or dual-purpose vehicle”;

(iv)after sub-paragraph (a)(ii) there shall be inserted the following new paragraph—

“(iii)in any other case, every forward-facing front seat and every non-protected seat, and”;and

(v)in sub-paragraph (b), after the words “comply with” there shall be inserted the words “the technical and installation requirements of”;

(d)after paragraph (4) there shall be inserted the following new paragraphs—

“(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 with Community Directive 76/115 or 81/575 or 82/318 or ECE Regulation 14.”;

(e)for paragraph (5) there shall be substituted the following new paragraphs—

“(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.”;

(f)in sub-paragraph (a) of paragraph (6)—

(i)after the words “the expressions” there shall be inserted the words “exposed forward-facing seat”; and

(ii)after the words “forward-facing seat” there shall be inserted the words “forward-facing front seat” and “lap belt”; and

(g)for sub-paragraph (b) of paragraph (6) there shall be substituted the following new sub-paragraph—

“(b)the expression “non-protected seat” means a seat other than a front seat which does not satisfy the requirements of section 4.3.3 of Annex 1 to Community Directive 81/575.”.