The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001

Amendment of regulation 15 (braking systems of certain vehicles first used on or after 1st April 1983)

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

(2) After paragraph (1D) there shall be inserted the following paragraph—

“(1E) Save as provided in paragraphs (2), (3), (3A), (5A) and (5B) 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 May 2002 or which, in the case of a trailer, is manufactured on or after 1st May 2002 shall comply with the construction, fitting and performance requirements of Annexes I, II and VII to Community Directive 98/12/EC and if relevant, Annexes III, IV, V, VI, VIII, X, XI, XII, XIII and XIV 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 May 2002 or which, in the case of a trailer, was manufactured before 1st April 2002 to comply with the said requirements instead of complying with paragraphs (1), (1A), (1C) or (1D) or with regulations 16 and 17.”

(3) In paragraph (2), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.

(4) In paragraph (3), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.

(5) In paragraph (3)(a), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.

(6) In paragraph (3)(a)(ii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.

(7) In paragraph (3)(b)(i), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.

(8) In paragraph (3)(b)(iii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 and 98/12”.

(9) In paragraph (3)(d)(i), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.

(10) In paragraph (3A), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.

(11) In paragraph (3B), for “paragraph (1D)” there shall be substituted “paragraph (1D) or (1E)”.

(12) In paragraph (3B)(a), after “Directive 91/422” there shall be inserted “or Community Directive 98/12”.

(13) In paragraph (4), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.

(14) In paragraph (5), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.

(15) In paragraph (5A)(b), after “ECE Regulation 13.06” there shall be inserted “13.07, 13.08 or 13.09”.

(16) After paragraph (5A), there shall be inserted the following paragraph—

“(5B) Instead of complying with paragraph (1E) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.09.”

(17) In paragraph (7), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.

(18) After paragraph (7), there shall be inserted the following paragraphs—

“(8) For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed except that, in the case of a trailer whose manufacture has been completed for more than 8 years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988(1), it shall be taken to be the date on which the notifiable alteration was completed.

(9) A trailer, whose manufacture has been completed for more than eight years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988, shall comply with all requirements of Community Directives relating to braking systems which applied to the trailer at the date when the notifiable alteration was completed.”