The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1990

Amendments to regulation 15 (brakes on certain vehicles)

4.—(1) Regulation 15 shall be amended as follows.

(2) In paragraph (1)–

(a)after the words “column 2 of the Table which” there shall be inserted the words, “in the case of a motor vehicle,”;

(b)after the words “1st April 1983” where they occur before the proviso there shall be inserted the words “or which, in the case of the trailer, is manufactured on or after 1st October 1982,”; and

(c)for the proviso, there shall be substituted–

• “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, 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.”.

(3) In paragraph (1A)–

(a)after the words “column 2 of the Table which” there shall be inserted the words, “in the case of a motor vehicle,”;

(b)after the words, “the relevant date” there shall be inserted the words “or which, in the case of a trailer, is manufactured on or after the relevant date”; and

(c)for the proviso there shall be substituted–

• “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.”.

(4) For paragraph (1B) there shall be substituted the following paragraph–

“(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.”.

(5) After paragraph (1B) there shall be added the following paragraph–

“(1C) Save as provided in paragraphs (2), (3)(b) and (c), (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 1st April 1992 or 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(1), 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.”.

(6) In the Table, in item 4 column 2, for the words “item 1(a)” there shall be substituted “item 1”.

(7) In the Table, for the words “Trailers of which the sum of the axle weights–” immediately before item 7 there shall be substituted the words “Trailers with a maximum total design axle weight which–”.

(8) In paragraphs (2) and (3) for the words “paragraphs (1) and (1A)” there shall be substituted the words “paragraphs (1), (1A) and (1C)”.

(9) For sub-paragraph (a) of paragraph (3) there shall be substituted the following sub-paragraph–

“(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 and 88/194 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 or 88/194.”.

(10) In sub-paragraph (b)(ii) of paragraph (3), after the words “Community Directive 85/647” there shall be added the words “or 88/194”.

(11) In sub-paragraph (c) of paragraph (3), for the words after “action while” there shall be substituted the words “continuing to steer the vehicle”.

(12) In sub-paragraph (d) of paragraph (3)–

(a)after the word “vehicle” where it appears in the words preceding sub-paragraph (i) there shall be added the words “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)”; and

(b)in sub-paragraph (i), for the words from “1360C” to “has been paid” there shall be substituted the words “26024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990(2) is payable”.

(13) For paragraphs (4) and (5) there shall be substituted the following paragraphs–

“(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 or 13.05(3).

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

(14) In paragraph (7) after the words “Community Directive 85/647” there shall be added the words “or 88/194”.