Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

(see regulation 2(2))

SCHEDULE 1Community Directives and ECE Regulations

(see regulation 21(3) and (4))

SCHEDULE 2Braking Requirements

1.  The braking requirements referred to in regulation 21(4) are set out in the Table and are to be interpreted in accordance with paragraphs 2 to 5 of this Schedule.

2.  In this Schedule a “multi-pull means of operation” means a device forming part of a braking system which causes the muscular energy of the driver to apply the brakes of that system progressively as a result of successive applications of that device by the driver.

3.  For the purposes of requirement 3 in the Table, in the case of a motor car or heavy motor car propelled by steam and not used as a bus, the engine shall be deemed to be an efficient braking system with one means of operation if the engine is capable of being reversed and, in the case of a vehicle first used on or after 1st January 1927, is incapable of being disconnected from any of the driving wheels of the vehicle except by the sustained effort of the driver.

4.  For the purpose of requirements 4 and 6 in the Table, in the case of a wheeled motor car and of a vehicle first used on or after 1st October 1938 which is a locomotive, a motor tractor, a heavy motor car or a track-laying motor car, every moving shaft which is connected to or supports any part of a braking system shall be deemed to be part of the system.

5.  For the purpose of requirements 4, 9 and 14 in the Table, in determining whether brakes apply to at least half the wheels of a vehicle, not more than one front wheel shall be treated as a wheel to which brakes apply unless the vehicle is—

(a)a locomotive or motor tractor with more than 4 wheels;

(b)a heavy motor car or motor car first used before 1st October 1938;

(c)a motor car with an unladen weight not exceeding 1020 kg;

(d)a motor car which is a passenger vehicle but is not a bus;

(e)a works truck;

(f)a heavy motor car or motor car with more than 3 wheels which is equipped in respect of all its wheels with brakes which are operated by one means of operation; or

(g)a track-laying vehicle.

(regulations 42 and 43)

SCHEDULE 3Authorised Sealers

Part IGeneral

1.  The Department may authorise a person proposing to seal limiters (other than on behalf of another person) to seal limiters for the purposes of regulation 42 or 43 and a person or body so authorised is referred to in this Schedule as an “authorised sealer”.

2.  An authorised sealer shall comply with the conditions set out in Part II of this Schedule and with such other conditions as may from time to time be imposed by the Department.

3.  An authorised sealer may charge for sealing a speed limiter.

4.  The Department may at any time withdraw an authorisation granted under this Schedule.

5.—(1) An authorisation under this Schedule in respect of an individual shall terminate if—

(a)he dies;

(b)is adjudged bankrupt; or

(c)becomes a patient within the meaning of Part VIII of the Mental Health (Northern Ireland) Order 1986(1).

(2) An authorisation under this Schedule in respect of a firm shall terminate if the firm is dissolved or if all the partners are adjudged bankrupt.

(3) An authorisation under this Schedule in respect of a company shall terminate if—

(a)the company goes into liquidation or an administration order is made in relation to it;

(b)a receiver or manager of the trade or business is appointed; or

(c)possession is taken by or on behalf of the holders of any debenture secured by a floating charge, or by any property of the company comprised in or subject to the charge, occurs.

Part IIThe Conditions

1.  An authorised sealer shall not—

(1) seal a speed limiter fitted to a vehicle to which regulation 42 applies unless he is satisfied that the speed limiter fulfils the requirements of paragraphs (2)(c), and (3) or (4) of that regulation, or

(2) seal a speed limiter fitted to a vehicle to which regulation 43 applies unless he is satisfied that the speed limiter fulfils the requirements of paragraphs (2)(c), and (4) or (5) of that regulation.

2.  When an authorised sealer has sealed a speed limiter fitted to a vehicle to which regulation 42 or 43 applies he shall supply the owner with a plate which fulfils the requirements of regulation 83.

(see regulation 49(1) and (4))

SCHEDULE 4Gas Containers

Part I

Definitions relating to gas containers

1.  In this Schedule, the following expressions have the meanings hereby assigned to them respectively, that is to say—

“gas container” means a container fitted to a motor vehicle or a trailer and intended for the storage of gaseous fuel for the purpose of the propulsion of the vehicle or the drawing vehicle, as the case may be;

“gas cylinder” means a container fitted to a motor vehicle or a trailer and intended for the storage of compressed gas for the purpose of the propulsion of the vehicle or the drawing vehicle, as the case may be;

“compressed gas” means gaseous fuel under a pressure exceeding 1.0325 bar above atmospheric pressure;

“pipe line” means all pipes connecting a gas container—

“pressure pipe line” means any part of a pipe line intended for the conveyance of compressed gas; and

“reducing valve” means an apparatus which automatically reduces the pressure of the gas passing through it.

Gas containers

2.  A gas container shall—

(a)be securely attached to the vehicle in such a manner as not to be liable to displacement or damage due to vibration or other cause; and

(b)be so placed or insulated as not to be adversely affected by the heat from the exhaust system.

Pipe lines

3.—(1) A pipe line shall be supported in such manner as to be protected from excessive vibration and strain.

(2) No part of a pipe line shall be in such a position that it may be subjected to undue heat from the exhaust system.

(3) A pressure pipe line shall be made of steel solid drawn.

(4) The maximum unsupported length of a pressure pipe line shall not exceed 920mm.

Unions

4.—(1) A union shall be so constructed and fitted that it will—

(a)not be liable to work loose or develop leakage when in use; and

(b)be readily accessible for inspection and adjustment.

(2) A union on a pressure pipe line or on a gas cylinder shall not contain a joint other than a metal to metal joint.

Reducing valves

5.  A reducing valve shall be—

(a)so fitted as to be readily accessible; and

(b)so constructed that there can be no escape of gas when the engine is not running.

Valves and cocks

6.—(1) A valve or cock intended to be subjected to a pressure exceeding 6.8948 bar shall be of forged steel or of brass or bronze complying with the specification contained in Part II of this Schedule.

(2) A valve or cock shall be fitted to the pipe line to enable the supply of gas from the container to the mixing device to be shut off.

(3)(a) In the case of a pressure pipe line the valve or cock shall be placed between the reducing valve and the container and shall be readily visible and accessible from the outside of the vehicle and a notice indicating its position and method of operation shall be affixed in a conspicuous position on the outside of the vehicle carrying the gas container.

(b)in other cases, if the valve or cock is not so visible and accessible as aforesaid, a notice indicating its position shall be affixed in a conspicuous position on the outside of the vehicle carrying the container.

Pressure gauges

7.  A pressure gauge connected to a pressure pipe line shall be so constructed as not to be liable to deterioration under the action of the particular gases employed and shall be so constructed and fitted that—

(a)in the event of failure of the pressure gauge no gas can escape into any part of the vehicle;

(b)it is not possible owing to leakage of gas into the casing of the pressure gauge for pressure to increase therein to such extent as to be liable to cause a breakage of the glass thereof; and

(c)in the event of failure of the pressure gauge the supply of gas to it may be readily cut off.

Charging connections

8.—(1) A connection for charging a gas container shall be outside the vehicle and in the case of a public service vehicle the connection shall not be within 610mm of an entrance or exit.

(2) An efficient shut-off valve shall be fitted as near as practicable to the filling point but where compressed gas is not used a cock or an efficient non-return valve may be fitted instead.

(3) Where compressed gas is used an additional emergency shut-off valve shall be fitted adjacent to the valve referred to in sub-paragraph (2).

(4) A cap shall be fitted to the gas filling point on the vehicle and where compressed gas is used this cap shall be made of steel with a metal to metal joint.

Trailers

9.—(1) Where a trailer is used for the carriage of a gas cylinder, a reducing valve shall be fitted on the trailer.

(2) A pipe used for conveying gas from a trailer to the engine of a vehicle shall not contain compressed gas.

Construction, etc., of system

10.  A gas container propulsion system shall be—

(a)so placed or protected as not to be exposed to accidental damage and shall be soundly and properly constructed of suitable and well-finished materials capable of withstanding the loads and stresses likely to be met with in operation and shall be maintained in an efficient, safe and clean condition; and

(b)so designed and constructed that leakage of gas is not likely to occur under normal working conditions, whether or not the engine is running.

Part IISpecification for brass or bronze valves

Manufacture of valves

1.  The stamping or pressing from which a valve is manufactured shall be made from bars produced by (a) extrusion, (b) rolling, (c) forging, (d) extrusion and drawing, or (e) rolling and drawing.

Heat treatment

2.  Stamping or pressing shall be heat treated so as to produce an equiaxed microstructure in the material.

Freedom from defects

3.  Stampings, pressings and the bars from which they are made shall be free from cracks, laminations, hard spots, segregated materials and variations in composition.

Tensile test

4.  Tensile tests shall be made on samples of stampings and pressings taken at random from any consignment. The result of the tensile test shall conform to the following conditions—

• Yield Stress— Not less than 231.6 N/mm².

• Ultimate Tensile Stress— Not less than 463.3 N/mm².

• Elongation on 50mm gauge length— Not less than 25%.

• Note— When the gauge length is less than 50mm the required elongation shall be proportionately reduced.

• The fractured test piece shall be free from piping and other defects (see paragraph 3).

(see regulations 49 and 111(4))

SCHEDULE 5Gas Systems

Definitions

1.  In this Schedule—

“check valve” means a device which permits the flow of gas in one direction and prevents the flow of gas in the opposite direction;

“design pressure” means the pressure which a part of a gas system has been designed and constructed safely to withstand;

“double-check valve” means a device which consists of two check valves in series and which permits the flow of gas in one direction and prevents the flow of gas in the opposite direction;

“excess flow valve” means a device which automatically and instantaneously reduces to a minimum the flow of gas through the valve when the flow rate exceeds a set value;

“fixed gas container” means a gas container which is attached to a vehicle permanently and in such a manner that the container can be filled without being moved;

“gas container” means a container, not being a container for the carriage of gas as goods, which is fitted to or carried on a motor vehicle or trailer and is intended for the storage of gas for either—

“high pressure” means a pressure exceeding 1.0325 bar absolute;

“high pressure pipeline” means a pipeline intended to contain gas at high pressure;

“pipeline” means a pipe or passage connecting any two parts of a gas propulsion system of a vehicle or of a gas-fired appliance supply system on a vehicle or any two points on the same part of that system;

“portable gas container” means a gas container which may be attached to a vehicle but which can readily be removed;

“pressure relief valve” means a device which opens automatically when the pressure in the part of the gas system to which it is fitted exceeds a set value, reaches its maximum flow capacity when the set value is exceeded by 10% and closes automatically when the pressure falls below a set value; and

“reducing valve” means a device which automatically reduces the pressure of the gas passing through it, and includes regulator devices.

Gas containers

2.—(1) A gas container shall—

(a)be capable of withstanding the pressure of the gas which may be stored in the container at the highest temperature which the gas is likely to reach,

(b)if fitted inside the vehicle, be so arranged as to prevent, so far as is practicable, the possibility of gas entering the engine, passenger or living compartments due to leaks or venting from the container or valves, connections and gauges immediately adjacent to it, and the space containing these components shall be so ventilated and drained as to prevent the accumulation of gas,

(c)be securely attached to the vehicle in such a manner as not to be liable to displacement or damage due to vibration or other cause, and

(d)be so placed and so insulated or shielded as not to suffer adverse effect from the heat of the exhaust system of an engine or other source of heat.

(2) A portable gas container shall be either—

(a)hermetically sealed, or

(b)fitted with a valve or cock to enable the flow of gas from the container to be stopped.

(3) A fixed gas container shall—

(a)be fitted with—

(i)at least one pressure relief valve, and

(ii)at least one manually operated valve which may be extended by an internal dip tube inside the gas container so as to indicate when the container has been filled to the level corresponding to the filling ratio specified in the British Standards Institution Specification for Filling Ratios and Developed Pressure for Liquefiable and Permanent Gases (as defined, respectively, in paragraphs 3.2 and 3.5 of the said Specification) published in May 1976 under the number BS 5355, and

(b)be conspicuously and permanently marked with its design pressure.

(4) If a fixed gas container is required to be fitted in a particular attitude or location, then it shall be conspicuously and permanently marked to indicate that requirement.

(5) If the operation of a pressure relief valve referred to in sub-paragraph (3) may cause gas to be released from the gas container, an outlet shall be provided to lead the gas to the outside of the vehicle so that the outlet shall not suffer any adverse effect from the heat of the exhaust system of an engine or other source of heat, and that outlet from the pressure relief valve shall not be fitted with any other valve or cock.

Filling systems for fixed gas containers

3.—(1) A connection for filling a fixed gas container shall be on the outside of the vehicle.

(2) There shall be fitted to a fixed gas container either—

(a)a manually operated shut-off valve and an excess flow valve, or

(b)a manually operated shut-off valve and a single check valve, or

(c)a double-check valve,

and all parts of those valves in contact with gas shall be made entirely of suitable metal except that they may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

(3) Where a pipe is attached to a gas container for the purpose of filling the gas container there shall be fitted to the end of the pipe furthest from the gas container a check valve or a double-check valve.

(4) There shall be fitted over a gas filling point on a vehicle a cap which shall—

(a)prevent leakage of gas from the gas filling point,

(b)be secured to the vehicle by a chain or some other suitable means,

(c)be made of suitable material, and

(d)be fastened to the gas filling point by either a screw thread or other suitable means.

Pipelines

4.—(1) A pipeline shall be fixed in such a manner and position that—

(a)it will not be adversely affected by the heat of the exhaust system of any engine or any other source of heat,

(b)it is protected from vibration and strain in excess of that which it can reasonably be expected to withstand, and

(c)in the case of a high pressure pipeline it is so far as is practicable accessible for inspection.

(2) Subject to sub-paragraph (4) a high pressure pipeline shall be—

(a)a rigid line of steel, copper or copper alloy of high pressure hydraulic grade, suitable for service on road vehicles and designed for a minimum service pressure rating of not less than 75 bar absolute, and

(b)effectively protected against, or shielded from, or treated so as to be resistant to, external corrosion throughout its length unless it is made from material which is corrosion resistant under the conditions which it is likely to encounter in service.

(3) No unsupported length of any high pressure pipeline shall exceed 600mm.

(4) Flexible hose may be used in a high pressure pipeline if—

(a)it is reinforced either by stainless steel wire braid or by textile braid,

(b)its length does not exceed 500mm, and

(c)save in the case of a pipeline attached to a gas container for the purpose of filling that container the flexibility which it provides is necessary for the construction or operation of the gas system of which it forms a part.

(5) If a high pressure pipeline or part of such a pipeline is so constructed or located that it may, in the course of its normal use (excluding the supply of fuel from a gas container), contain liquid which is prevented from flowing, a relief valve shall be incorporated in that pipeline.

Unions and joints

5.—(1) Unions and joints on a pipeline or gas container shall be so constructed and fitted that they will—

(a)not be liable to work loose or leak when in use, and

(b)be readily accessible for inspection and maintenance.

(2) A union on a high pressure pipeline or on a gas container shall be made of suitable metal but such a union may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

Reducing valves

6.  A reducing valve shall be made of suitable materials and be so fitted as to be readily accessible for inspection and maintenance.

Pressure relief valves

7.—(1) A pressure relief valve which is fitted to a part of a gas system (including a gas container) shall—

(a)be made entirely of suitable metal and so constructed and fitted as to ensure that the cooling effect of the gas during discharge shall not prevent its effective operation,

(b)be capable, under the most extreme temperatures likely to be met (including exposure to fire), of a discharge rate which prevents the pressure of the contents of the gas system from exceeding its design pressure,

(c)have a maximum discharge pressure not greater than the design pressure of the gas container,

(d)be so designed and constructed as to prevent unauthorised interference with the relief pressure setting during service, and

(e)have outlets which are—

(i)so sited that so far as is reasonably practicable in the event of an accident the valve and its outlets are protected from damage and the free discharge from such outlets is not impaired, and

(ii)so designed and constructed as to prevent the collection of moisture and other foreign matter which could adversely affect their performance.

(2) The pressure at which a pressure relief valve is designed to start lifting shall be clearly and permanently marked on such valve.

(3) A pressure relief valve which is fitted to a gas container shall communicate with the vapour space in the gas container and not with any liquefied gas.

Valves and cocks

8.—(1) A valve or cock shall be fitted to a supply pipeline as near as practicable to a fixed gas container and such valve or cock shall by manual operation enable the supply of gas from the gas container to the gas system to be stopped, and subject to sub-paragraph (2), shall—

(a)if fitted on the outside of the vehicle, be readily visible and accessible from the outside of the vehicle, or

(b)if fitted inside the vehicle be readily accessible for operation and be so arranged as to prevent so far as is practicable the possibility of gas entering the engine, passenger or living compartments due to leaks, and the space containing the valve or cock shall be so ventilated and drained as to prevent the accumulation of gas in that space.

(2) Where a fixed gas container supplies no gas system other than a gas propulsion system and the gas container is so located that it is not practicable to make the valve or cock referred to in sub-paragraph (1) readily accessible there shall be fitted an electrically-operated valve which shall either be incorporated in the valve or cock referred to in sub-paragraph (1) or be fitted immediately downstream from it and shall—

(a)be constructed so as to open when the electric power is applied and to close when the electric power is cut off,

(b)be so fitted as to shut off the supply of gas from the gas container to the gas system when the engine is not running, and

(c)if fitted inside the vehicle be so arranged as to prevent as far as is practicable the possibility of gas entering the engine, passenger or living compartments due to leaks, and the space containing the valve shall be so ventilated and drained as to prevent the accumulation of gas in that space.

(3) A notice clearly indicating the position, purpose and method of operating a valve or cock referred to in sub-paragraphs (1) and (2) shall be fixed—

(a)in a conspicuous position on the outside of the vehicle, and

(b)where the valve or cock is located inside the vehicle in a conspicuous position adjacent to the gas container.

(4) In the case of a high pressure pipeline for the conveyance of gas from the gas container an excess flow valve shall be fitted as near as practicable to the gas container and such valve shall operate in the event of a fracture of the pipeline or other similar failure.

(5) All parts of every valve or cock referred to in this sub-paragraph which are in contact with gas shall be made of suitable metal, save that they may contain non-metal washers and seals if such washers and seals are supported and constrained by metal components.

Gauges

9.—(1) Subject to sub-paragraph (2) a gauge connected to a gas container or to a pipeline shall be so constructed as to be unlikely to deteriorate under the action of the gas used or to be used and shall be so constructed and fitted that—

(a)no gas can escape into any part of the vehicle as a result of any failure of the gauge, and

(b)in the event of a failure of the gauge the supply of gas to the gauge can be readily stopped.

(2) Sub-paragraph (b) shall not apply to a gauge fitted as an integral part of a gas container.

Propulsion systems

10.—(1) A gas propulsion system shall be so designed and constructed that—

(a)the supply of gas to the engine is automatically stopped by the operation of a valve when the engine is not running at all or is not running on the supply of gas, and

(b)where a reducing valve is relied on to comply with sub-paragraph (a), the supply of gas to the engine is automatically stopped by the operation of an additional valve when the engine is switched off.

(2) Where the engine of a vehicle is constructed or adapted to run on one or more fuels as alternatives to gas, the safety and efficiency of the engine and any fuel system shall not be impaired by the presence of any other fuel system.

Special requirements for buses

11.  In the case of a bus there shall be fitted as near as practicable to the gas container a valve which shall stop the flow of gas into the gas supply pipeline in the event of—

(a)the angle of tilt of the vehicle exceeding that indicated in regulation 4 of the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(2), and

(b)the deceleration of the vehicle exceeding 5g.

Gas-fired appliances

12.  All parts of a gas-fired appliance shall be—

(a)so designed and constructed that leakage of gas is unlikely to occur, and

(b)constructed of materials which are compatible both with each other and with the gas used.

13.  A gas-fired appliance shall be—

(a)so located as to be easily inspected and maintained,

(b)so located and either insulated or shielded that its use shall not cause or be likely to cause danger due to the presence of flammable material,

(c)so constructed and located as not to impose undue stress on pipes or fittings, and

(d)so fastened or located as not to work loose or move in relation to the vehicle.

14.  With the exception of catalytic heating appliances, an appliance of the kind described in regulation 111(3)(b) or (c) which is fitted to a motor vehicle shall be fitted with a flue which shall be—

(a)connected to an outlet which is on the outside of the vehicle,

(b)constructed and located so as to prevent expelled matter from entering the vehicle, and

(c)located so that it will not cause adverse effect to, or suffer adverse effect from, the exhaust outlet of the engine or other source of heat.

General requirements

15.  All parts of a gas propulsion system or a gas-fired appliance system, excluding the appliance itself, shall be—

(a)so far as is practicable so located or protected as not to be exposed to accidental damage,

(b)soundly and properly constructed of materials which are compatible with one another and with the gas used or to be used and which are capable of withstanding the loads and stresses likely to be met in operation, and

(c)so designed and constructed that leakage of gas is unlikely to occur.

(see regulation 50)

SCHEDULE 6Construction Requirements of Minibuses

Definitions

In this Schedule—

“driver’s door” means a door for use by the driver;

“emergency door” means a door for use by passengers in an emergency; and

“service door” means a door for use by passengers in normal circumstances.

Exhaust pipes

1.  The outlet of an exhaust pipe fitted to a minibus shall be either at the rear or on the off side of the vehicle.

Doors — number and position

2.—(1) A minibus shall be fitted with at least—

(a)one service door on the near side of the vehicle; and

(b)one emergency door either at the rear or on the off side of the vehicle so, however, that an emergency door fitted on the off side of the vehicle shall be in addition to the driver’s door and there shall be no requirement for an emergency door on a minibus if it has a service door at the rear in addition to the service door on the near side.

(2) A minibus shall not be fitted with any door on its offside other than a driver’s door and an emergency door.

Emergency doors

3.  An emergency door fitted to a minibus, whether or not required pursuant to these Regulations, shall—

(a)be clearly marked, in letters not less than 25 mm high, on both the inside and the outside, “EMERGENCY DOOR” or “FOR EMERGENCY USE ONLY”, and the means of its operation shall be clearly indicated on or near the door;

(b)if hinged, open outwards;

(c)be capable of being operated manually; and

(d)when fully opened, given an aperture in the body of the vehicle not less than 1210mm high nor less than 530mm wide.

Power-operated doors

4.—(1) A power-operated door fitted to a minibus shall—

(a)incorporate transparent panels so as to enable a person immediately inside the door to see a person immediately outside the door;

(b)be capable of being operated by a mechanism controlled by the driver of the vehicle when in the driving seat;

(c)be capable, in the event of an emergency or a failure of the supply of power for the operation of the door, of being opened from both inside and outside the vehicle by controls which—

(i)over-ride all other controls.

(ii)are placed on, or adjacent to, the door, and

(iii)are accompanied by markings which clearly indicate their position and method of operation and state that they may not be used by passengers except in an emergency.

(d)have a soft edge so that a trapped finger is unlikely to be injured; and

(e)be controlled by a mechanism by virtue of which if the door, when closing, meets a resistance exceeding 150 Newtons, either

• the door will cease to close and begin to open, or

• the closing force will cease and the door will become capable of being opened manually.

(2) A minibus shall not be equipped with a system for the storage or transmission of energy in respect of the opening or closing of a door which, either in normal operation or if the system fails, is capable of adversely affecting the operation of the vehicle’s braking system.

Locks, handles and hinges of doors

5.  A minibus shall not be fitted with—

(a)a door which can be locked from the outside unless, when so locked, it is capable of being opened from inside the vehicle when stationary;

(b)a handle or other device for opening a door, other than the driver’s door, from inside the vehicle unless the handle or other device is designed so as to prevent, so far as is reasonably practicable, the accidental opening of the door, and is fitted with a guard or transparent cover or so designed that it must be raised to open the door;

(c)a door which is not capable of being opened, when not locked, from inside and outside the vehicle by a single movement of the handle or other device for opening the door;

(d)a door in respect of which there is not a device capable of holding the door closed so as to prevent a passenger falling through the doorway;

(e)a side door which opens outwards and is hinged at the edge nearest the rear of the vehicle except in the case of a door having more than one rigid panel;

(f)a door, other than a power-operated door, in respect of which there is not either—

(i)a slam lock of the two-stage type; or

(ii)a device by means of which the driver, when occupying the driver’s seat, is informed if the door is not securely closed, such device being operated by movement of the handle or other device for opening the door or, in the case of a handle or other device with a spring-return mechanism, by movement of the door as well as of the handle or other device.

• Provided that sub-paragraphs (a), (c), (d) and (f) shall not apply to a near side rear door forming part of a pair of doors fitted at the rear of a vehicle if that door is capable of being held securely closed by the other door of that pair.

View of doors

6.—(1) Subject to sub-paragraph (2), a minibus shall be fitted with mirrors or other means so that the driver, when occupying the driver’s seat, can see clearly the area immediately inside and outside the service doors of the vehicle.

(2) Sub-paragraph (1) shall be deemed to be satisfied in respect of a rear service door if a person 1.3m tall standing 1m behind the vehicle is visible to the driver when occupying the driver’s seat.

Access to doors

7.—(1) Subject to sub-paragraph (2), there shall be unobstructed access from every passenger seat in a minibus to at least two doors one of which must be on the near side of the vehicle and one of which must be either at the rear or on the offside of the vehicle.

(2) Access to one only of the doors referred to in sub-paragraph (1) may be obstructed by either or both—

(a)a seat which when tilted or folded does not obstruct access to that door; and

(b)a lifting platform or ramp which—

(i)does not obstruct the handle or other device on the inside for opening the door with which the platform or ramp is associated, and

(ii)when the door is open, can be pushed or pulled out of the way from the inside so as to leave the doorway clear for use in an emergency.

Grab handles and hand rails

8.  A minibus shall be fitted as respects every side service door with a grab handle or a handrail to assist passengers to get on or off the vehicle.

Seats

9.—(1) A seat shall not be fitted to a door of a minibus.

(2) Seats and wheelchair anchorages fitted to a minibus shall be fixed to the vehicle.

(3) A seat, other than a wheelchair, fitted to a minibus shall not be less than 400mm wide, and in ascertaining the width of a seat no account shall be taken of arm-rests, whether or not they are folded back or otherwise put out of use.

(4) A minibus shall not be fitted with an anchorage for a wheelchair in such a manner that a wheelchair secured to the anchorage would face either side of the vehicle.

(5) A minibus shall not be fitted with a seat—

(a)facing either side of the vehicle and immediately forward of a rear door unless the seat is fitted with an arm-rest or similar device to guard against a passenger on that seat falling through the doorway; or

(b)so placed that a passenger on it would, without protection, be liable to be thrown through a doorway which is provided with a power-operated door or down steps, unless the vehicle is fitted with a screen or guard which affords adequate protection against that occurrence.

Electrical equipment and wiring

10.—(1) Subject to sub-paragraph (2) a minibus shall not be fitted with any—

(a)electrical circuit which is liable to carry a current exceeding that for which it was designed;

(b)cable for the conduct of electricity unless it is suitably insulated and protected from damage;

(c)electrical circuit, other than a charging circuit, which includes equipment other than—

(i)a starter motor,

(ii)a glow plug,

(iii)an ignition circuit, and

(iv)a device to stop the vehicle’s engine,

unless it includes a fuse or circuit breaker so, however, that one fuse or circuit breaker may serve more than one circuit; or

(d)electrical circuit with a voltage exceeding 100 volts unless there is connected in each pole of the main supply of electricity which is not connected to earth a manually-operated switch which is—

(i)capable of disconnecting the circuit, or, if there is more than one, every circuit, from the main supply,

(ii)not capable of disconnecting any circuit supplying any lamp with which the vehicle is required to be fitted, and

(iii)located inside the vehicle in a position readily accessible to the driver.

(2) Sub-paragraph (1) does not apply to a high tension ignition circuit or a circuit within a unit of equipment.

Fuel tanks

11.  A minibus shall not be fitted with a fuel tank or apparatus for the supply of fuel which is in the compartments or other spaces provided for the accommodation of the driver or passengers.

Lighting of steps

12.  A minibus shall be provided with lamps to illuminate every step at a passenger exit or in a gangway.

General construction and maintenance

13.  A minibus, including all bodywork and fittings, shall be soundly and properly constructed of suitable materials and maintained in good and serviceable condition, and shall be of such design as to be capable of withstanding the loads and stresses likely to be met in the normal operation of the vehicle.

SCHEDULE 7Fire Extinguishing Apparatus and First Aid Equipment for Minibuses

(See regulation 51(l))

Part IFire Extinguishing Apparatus

A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS 5423: 1977 or BS 5423: 1980 or BS 5423: 1987 and which—

(a)has a minimum test fire rating of 8A or 21B, and

(b)contains water or foam or contains, and is marked to indicate that it contains halon 1211 or halon 1301.

(See regulation 52(1))

Part IIFirst Aid Equipment

(regulations 67(1) and 74(11))

SCHEDULE 8End of Series Exemptions

Part IModificationof Regulations 67 and 74 in Relation to End of Series Vehicles

Modification of regulations 67 and 74

1.—(1) An item numbered 2 or higher in the Table in regulation 67 shall not apply to—

(a)a type approval end of series vehicle;

(b)a non-type approval end of series vehicle; or

(c)a late entry into service vehicle,

if it is first used before the first anniversary of the date specified in column 3 of the item.

(2) An item numbered 8, 9 or 11 in Table II of regulation 74 shall not apply to a type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(3) An item numbered 9 or 11 in Table II of regulation 74 shall not apply to a non-type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(4) An item numbered 10 or higher (other than 11) in Table II of regulation 74 shall not apply to—

(a)a type approval end of series vehicle;

(b)a non-type approval end of series vehicle; or

(c)a late entry into service vehicle,

if it is first used before the first anniversary of the date specified in column 3 of the item.

(5) Parts II, III and IV of this Schedule shall have effect for the purpose of interpreting the expressions “type approval end of series vehicle”, “non-type approval end of series vehicle” and “late entry into service vehicle” respectively for the purposes of this paragraph .

Part IIMeaning of “Type Approval End of Series Vehicle” in Part I

Meaning of “type approval end of series vehicle” for the purposes of paragraph 1

2.—(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 8, 9 or 11 in Table II in regulation 74, if it meets the requirements of sub-paragraph (3) in relation to the item.

(2) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 2 in the Table in regulation 67 or an item numbered 10 or higher (other than item 11) in Table II in regulation 74 if by virtue of Schedule 1C to the Northern Ireland Regulations (which Schedule in certain circumstances defers the date on which certain requirements relating to exhaust emissions, noise and silencers cease to apply) the type approval requirements that applied to the vehicle on the date specified in column 3 of the item are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item.

(3) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if—

(a)it was manufactured during the relevant period;

(b)one of the following conditions is satisfied—

(i)a certificate of conformity was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a TAC issued before the date specified in column 4 of the Table in paragraph 6 in relation to the item, or

(ii)a sub-DAC was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a DAC issued before the date specified in column 4 of that Table;

(c)it was in the territory of a relevant state at some time before the date specified in column 3 of the item; and

(d)the number of relevant vehicles which were—

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the date specified in column 3 of that item, was less than the specified number, or 50, (whichever is the greater).

(4) For the purposes of sub-paragraph (3)—

(a)“DAC” means a Department’s approval certificate issued under Article 31A(4)(3) of the 1981 Order;

(b)“sub-DAC” means a Department’s approval certificate issued under Article 31A(5)(3) of the 1981 Order; and

(c)“TAC” means a type approval certificate.

Meaning of “relevant vehicle” for the purposes of this Part

3.  For the purposes of paragraph 2(3)(d) in relation to a particular vehicle to which the Northern Ireland Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)is a vehicle to which those Regulations apply;

(b)meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

(c)was manufactured by the manufacturer of the vehicle in question; and

(d)had not been registered under the Vehicle Excise and Registration Act 1994(4) before the date specified in column 3 of the item.

Meaning of “specified number” for the purposes of this Part

4.  For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Northern Ireland Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

(a)manufactured by the manufacturer of the vehicle in question; and

(b)registered under the 1971 Act, the 1972 Act or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

5.  For the purposes of paragraph 2(3)(c)—

(a)at any material time before 5th November 1993, “relevant state” means a member State;

(b)in relation to any time on or after 5th November 1993 but before 1st May 1995, “relevant state” means an EEA State other than Liechtenstein; and

(c)in relation to any time on or after 1st May 1995, “relevant state” means any EEA State.

Meaning of “relevant period” for the purposes of this Part

6.  For the purposes of this Part, “the relevant period” in relation to an item numbered 8, 9 or 11 in Table II in regulation 74 is the period—

(a)beginning on the date specified in column 2 of the Table below against that item; and

(b)ending immediately before the date specified in column 3 of the Table below against that item.

Part IIIMeaning of “Non-Type Approval End of Series Vehicle” in Part I

Meaning of “non-type approval end of series vehicle” in paragraph 1

7.—(1) For the purposes of paragraph 1 a vehicle is a non-type approval end of series vehicle, in relation to an item if it meets the requirements of sub-paragraph (2) in relation to the item.

(2) A vehicle meets the requirements of this sub-paragraph in relation to the item if—

(a)it is a vehicle to which the Northern Ireland Regulations do not apply;

(b)it was manufactured during the relevant period;

(c)no EC certificate of conformity has been issued in respect of the vehicle;

(d)it was in the territory of a relevant state at some time before the end of the relevant period; and

(e)the number of relevant vehicles which were both—

(i)manufactured before that vehicle was manufactured, and

(ii)still in existence on the date specified in column 3 in the item,

is less than the specified number, or 50, whichever is the greater.

Meaning of “relevant vehicle” for the purposes of this Part

8.  For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a)meets the requirements specified in paragraphs (a) to (d) of paragraph 7(2);

(b)is a “vehicle” within the meaning of either Community Directive 70/220(5) (as amended by Community Directive 83/351(6) or Community Directive 88/77(7));

(c)was manufactured by the manufacturer of the vehicle in question;

(d)had not been registered under the 1971 Act, the 1972 Act or the Vehicle Excise and Registration Act 1994 during the relevant period.

Meaning of “specified number” for the purposes of this Part

9.—(1) For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles that—

(a)are vehicles to which the Northern Ireland Regulations do not apply; and

(b)meet the requirements of sub-paragraph (2).

(2) A vehicle meets the requirements of this paragraph if it—

(a)is a “vehicle” within the meaning of either Community Directive 83/351 or Community Directive 88/77;

(b)was manufactured by the manufacturer of the vehicle in question; and

(c)was registered under the 1971 Act, the 1972 Act or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of that item.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

10.  Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 7(2)(d) as it has effect for the purposes of paragraph 2(3)(c).

Meaning of “relevant period” for the purposes of this Part

11.  For the purposes of paragraph 7(2)(d), “the relevant period”—

(a)in relation to an item numbered 9 or 11 in Table II in regulation 74 is the period—

(i)beginning on the date specified in column 2 of the Table below against the item, and

(ii)ending immediately before the date specified in column 3 of the Table below against the item; and

(b)in relation to any item in the Table in regulation 67 or any item numbered 10 or higher (other than 11) in the said Table II is the two year period ending immediately before the date specified in column 3 of that item.

Part IVMeaning of “Late Entry into Service Vehicle” in Part I

Meaning of “late entry into service vehicle” in paragraph 1

12.  For the purposes of paragraph 1, a vehicle is a late entry into service vehicle, in relation to an item, if—

(a)no EC certificate of conformity has been issued in respect of the vehicle;

(b)it was in the territory of a relevant state at some time before the date specified in column 3 of the item;

(c)it was manufactured at least two years before that date.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

13.  Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 12(b) as it has effect for the purposes of paragraph 2(3)(c).

(regulations 69, 70 and 71)

SCHEDULE 9Motor cycle noise and motor cycle silencers

Part I

1.—(1) For the purposes of these Regulations a vehicle meets the requirements of an item in the Table below if its sound level does not exceed by more than 1dB(A) the relevant limit specified in column 2 in that item when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 66(7).

(2) In this Part of the Schedule, “moped” has the same meaning as in regulation 69.

Part II

1.  The requirements of this paragraph are that the silencer is—

(a)so constructed that—

(i)it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193:1983;

(ii)were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.2 of that Standard; and

(b)is clearly and indelibly marked “BS AU 193/T2”.

2.  The requirements of this paragraph are that the silencer is—

(a)so constructed that—

(i)it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193a: 1990;

(ii)were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.2 of that Standard; and

(b)is clearly and indelibly marked “BS AU 193a: 1990/T2”.

3.  The requirements of this paragraph are that the silencer is—

(a)so constructed that—

(i)it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193a: 1990;

(ii)were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.3 of that Standard; and

(b)it is clearly and indelibly marked “BS AU 193a: 1990/T3”.

4.  In this Schedule—

(a)“British Standard BS AU 193: 1983” means the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193:1983;

(b)“British Standard BS AU 193a: 1990” means the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193a: 1990.

Part III

1.  Paragraph (4) of regulation 70 shall not apply to a replacement silencer if the second requirement referred to in that regulation would be met were there substituted in Part II of this Schedule—

(a)for the references to provisions in either of the British Standard Specifications, references to equivalent provisions in a corresponding standard; and

(b)for the references to a mark, references to a mark made pursuant to that corresponding standard indicating that the silencer complies with those equivalent provisions.

2.  In this Part of this Schedule, “corresponding standard”, in relation to a British Standard Specification, 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 motor cycles, a level of noise limitation and safety equivalent to that provided by the British Standard Specification and contains a requirement as respects the marking of silencers equivalent to that provided by that instrument.

3.  A reference in this Part of this Schedule to a British Standard Specification is a reference to British Standard BS AU 193: 1983 or British Standard BS/AU 193a: 1990; and “either of the British Standard Specifications” shall be construed accordingly.

4.  In this Part of this Schedule, “British Standard BS AU 193: 1983” and “British Standard BS AU 193a: 1990” shall have the same meanings as in Part II of this Schedule.

(regulation 74(16), (17) and (21))

SCHEDULE 10Emissions from certain Motor Vehicles

Part IVehicles Propelled By Spark Ignition Engines

1.  This Part of this Schedule applies to a vehicle if, when the engine is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine exceeds the relevant percentage of the total exhaust emissions from the engine by volume.

2.  This Part of this Schedule also applies to a vehicle if, when the engine is running without load at a fast idling speed—

(a)the carbon monoxide content of the exhaust emissions from the engine exceeds 0.3% of the total exhaust emissions from the engine by volume;

(b)the hydrocarbon content of those emissions exceeds 0.02% of the total exhaust emissions from the engine by volume; or

(c)the lambda value is not within the relevant limits.

3.  For the purposes of this Part of this Schedule the relevant percentage, in respect of a vehicle, is—

(a)if the vehicle is of a description specified in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 2(a) of that Annex; or

(b)if the vehicle is not of such a description, 0.5%.

4.  For the purposes of this Part of this Schedule, in the case of a vehicle of a description specified in the Annex to the emissions publication, the engine shall be regarded as running at a normal idling speed if and only if the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and (c) respectively of that Annex.

5.  For the purposes of this Part of this Schedule an engine shall be regarded as running at a fast idling speed if—

(a)the vehicle is of a description specified in the Annex to the emissions publication and the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b)the vehicle is not of such a description and the engine is running at a rotational speedbetween 2,500 and 3,000 revolutions per minute.

6.  For the purposes of this Part of this Schedule, the lambda value, in respect of a vehicle, shall be regarded as being within relevant limits, if and only if—

(a)the vehicle is of a description specified in the Annex to the emissions publication and the lambda value is between the minimum and maximum limits shown against that description of vehicle in columns 3(c) and (d) respectively of that Annex; or

(b)the vehicle is not of such a description and the lambda value is between 0.97 and 1.03.

7.  In this Part of this Schedule—

(a)a reference to the lambda value, in relation to a vehicle at any particular time, is a reference to the ratio by mass of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7; and

(b)“the emissions publication” is the publication entitled “In-Service Exhaust Emissions Standards for Road Vehicles (Third Edition)” (ISBN 0-9526457-2-6) published by the Department of Environment, Transport and the Regions.

Part IIVehicles Propelled by Compression Ignition Engines

8.  This Part of this Schedule applies to a vehicle if with free acceleration, the coefficient of absorption of the exhaust emissions from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a)if the engine of the vehicle is turbo-charged, 3.0 per metre, or

(b)in any other case, 2.5 per metre.

9.  In this Part of this Schedule—

(a)“coefficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Community Directive 72/306; and

(b)“free acceleration” has the same meaning as in Annex II to Council Directive 77/143/EEC(8) as amended by Council Directive 88/449/EEC(9), Council Directive 91/225/EEC(10), Council Directive 91/328(11) and Council Directive 92/55(12).

(see regulation 79(2)(a))

SCHEDULE 11Plates for certain vehicles

Part IParticulars to be Shown on Plate for Motor Vehicles (including Motor Vehicles Forming Part of Articulated Vehicles)

1.  Manufacturer’s name.

2.  Vehicle type.

3.  Engine type and power(a).

4.  Chassis or serial number.

5.  Number of axles.

6.  Maximum axle weight for each axle(b).

7.  Maximum gross weight(c).

8.  Maximum train weight(d).

9.  Maximum weight in the United Kingdom for each axle(b) (e).

10.  Maximum gross weight in the United Kingdom (c) (e).

11.  Maximum train weight in the United Kingdom(d).

(a)The power need not be shown in the case of a motor vehicle manufactured before 1st October 1972 (in this Schedule referred to as “an excepted vehicle”) and shall not be shown in the case of any motor vehicle which is propelled otherwise than by a compression ignition engine.

(b)This weight as respects each axle is the sum of the weights to be transmitted to the road surface by all the wheels of that axle.

(c)This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the motor vehicle (including any load imposed by a trailer, whether forming part of an articulated vehicle or not, on the motor vehicle).

(d)This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the motor vehicle and of any trailer drawn, but this item need not be completed where the motor vehicle is not constructed to draw a trailer.

(b), (c), (d) References to the weights to be transmitted to the road surface by all or any of the wheels of the vehicle or of any trailer drawn are references to the weights so to be transmitted both of the vehicle or trailer and of any load or persons carried by it.

(e)This item need not be completed in the case of an excepted vehicle or in the case of a vehicle which is a locomotive or motor tractor.

Part IIParticulars to be shown on plate for trailers (including trailers forming part of articulated vehicles)

1.  Manufacturer’s name.

2.  Chassis or serial number.

3.  Number of axles.

4.  Maximum weight for each axle(a).

5.  Maximum load imposed on drawing vehicle(b).

6.  Maximum gross weight(c).

7.  Maximum weight in the United Kingdom for each axle(a) (e).

8.  Maximum gross weight in the United Kingdom(c) (f).

9.  Year of manufacture(d).

(a)This weight as respects each axle is the sum of the weights to be transmitted to the road surface by all the wheels of that axle.

(b)Only for trailers forming part of articulated vehicles or where some of the weight of the trailer or its load is to be imposed on the drawing vehicle. This item need not be completed in the case of a converter dolly manufactured before 1st October 1992.

(c)This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the trailer, including any weight of the trailer to be imposed on the drawing vehicle.

• (a), (b), (c) References to the weights to be transmitted to the road surface by all or any of the wheels of the trailer are references to the weight so to be transmitted both of the trailer and of any load or persons carried by it and references to the weight to be imposed on the drawing vehicle are references to the weights so to be imposed both of the trailer and of any load or persons carried by it except where only the load of the trailer is imposed on the drawing vehicle.

(d)This item need not be completed in the case of a trailer manufactured before 1st April 1970.

(e)This item need not be completed in the case of a trailer manufactured before 1st October 1972.

(f)This item need not be completed in the case of a trailer manufactured before 1st October 1972 or which forms part of an articulated vehicle.

Part III

1.  The power of an engine, which is to be shown only in the case of a compression ignition engine on the plate in respect of item 3 in Part I of this Schedule, shall be the amount in kilowatts equivalent to the installed power output shown in a type test certificate issued—

(a)by a person authorised by the Secretary of State for the Environment for the type of engine to which the engine conforms; and

(b)in accordance with either—

(i)the provisions relating to the installed brake power output specified in the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under the number BS AU 141a: 1971;

(ii)the provisions relating to the net power specified in Community Directive 80/1269 but after allowance has been made for the power absorbed by such equipment at its minimum power setting, driven by the engine of the vehicle as is fitted for the operation of the vehicle (other than its propulsion) such power being measured at the speed corresponding to the engine speed at which maximum engine power is developed; or

(iii)the provisions of Annex 10 of ECE Regulation 24.02 as further amended with effect from 15th February 1984 or Annex 10 of ECE Regulation 24.03 or Community Directive 88/195 relating to the method of measuring internal combustion engine net power, but after allowance has been made for the power absorbed by any disconnectable or progressive cooling fan, at its maximum se tting, and by any other such equipment, at its minimum power setting, driven by the engine of the vehicle as is fitted for the operation of the vehicle (other than its propulsion), such power being measured at the speed corresponding to the engine speed at which maximum engine power is developed.

2.—(1) Subject to sub-paragraph (2) the weights to be shown on the plate in relation to items 6, 7 and 8 in Part I and in relation to items 4, 5 and 6 in Part II shall be the weight limits at or below which the vehicle is considered by the manufacturer fit for use, having regard to its design, constructions and equipment and the stresses to which it is likely to be subject in use.

(2) Where alternations are made to a vehicle which may render the vehicle fit for use at weights which exceed those referred to in sub-paragraph (1) and shown on the plate—

(a)there may be shown on the plate, in place of any of those weights, such new weights as the manufacturer of the vehicle or any person carrying on business as a manufacturer of motor vehicles or trailers (or a person duly authorised on behalf of that manufacturer or any such person) or a person authorised by the Secretary of State for the Environment, considers to represent the weight limits at or below which the vehicle will then be fit for use, having regard to its design, construction and equipment and to those alterations and to the stresses to which it is likely to be subject in use; and

(b)the name of the person who has determined the new weights shall be shown on the plate as having made that determination and, where he is a person authorised by the Secretary of State for the Environment, his appointment shall be so shown.

(3) In relation to a vehicle manufactured on or after 1st October 1972, in sub-paragraph (2)—

(a)the references to equipment shall not be treated as including a reference to the type of tyres with which the vehicle is equipped; and

(b)for the words “weight limits at or below” in both places where they occur there shall be substituted the words “maximum weights at”.

3.  The weights to be shown on the plate in respect of—

(a)item 9 in Part I shall be the weights shown at item 6 in that Part and in respect of item 7 in Part II shall be the weights shown at item 4 in that Part, in each case reduced so far as necessary to indicate the maximum weight applicable to each axle of the vehicle, if the vehicle is not to be used in contravention of regulations 28, 87, 90 or 91, and if the tyres with which the vehicle is equipped are not, as respects strength, to be inadequate to support the weights to be so shown at item 9 and item 7;

(b)item 10 in Part I shall be the weight shown at item 7 in that Part and in respect of item 8 in Part II shall be the weight shown at item 6 in that Part, in each case reduced so far as necessary to indicate the maximum permissible weight applicable if the vehicle is not to be used in contravention of regulation 86 if the tyres with which the vehicle is equipped are not, as respects strength, to be inadequate to support the weights to be so shown at item 10 and item 8.

4.—(1) Subject to sub-paragraph (2) weights on plates first affixed to a vehicle on or after 31st December 1976 shall be shown in kilograms, and weights on plates first so affixed before that date may be shown in—

(i)kilograms; or

(ii)tons and decimals thereof together with the equivalent weight in kilograms; or

(iii)tons and decimals thereof.

(2) Where a new weight is first shown on a plate by virtue of paragraph 2(2) the weight shall be shown as if it was on a plate first affixed to a vehicle on the date it was first shown.

5.  All letters and figures shown on the plate shall be not less than 6mm in height.

6.  In this Schedule references to the manufacturer of a motor vehicle or trailer are in relation to—

(a)a motor vehicle or a trailer constructed with a chassis which has not previously formed part of another vehicle, references to the person by whom that chassis was made;

(b)any other motor vehicle or trailer, references to the person by whom that vehicle was constructed.

(see regulation 82(2))

SCHEDULE 12Plates for Motor Cycles

1.  The plate required by regulation 82(2) shall be firmly attached to a part of the motor cycle which is not normally subject to replacement during the life of the motor cycle.

2.  The plate shall be in the form shown in the diagram below, shall have dimensions not less than those shown in that diagram and shall show the information provided for in that diagram and detailed in the Notes below.

Notes:

1.  The categories are “standard motor cycle” and “moped”.

2.  The details are—

(a)for standard motor cycles—

(i)the engine capacity,

(ii)the maximum engine power, and

(iii)the power to weight ratio,

provided that the details under (ii) and (iii) need not be shown for a vehicle first used before 1st January 1982;

(b)for mopeds—

(i)the engine capacity,

(ii)the kerbside weight, and

(iii)the maximum speed.

3.  The vehicle identification number (VIN) shall be marked in the form used by the manufacturer to identify any one individual vehicle.

4.  In the case of a plate fitted to a vehicle first used before 1st January 1982 or to a moped this dimension shall be 40mm.

5.  The information on the plate shall be shown in characters not less than 4mm in height and in the positions on the plate indicated in the diagram.

6.  No information, other than that provided for in the diagram, shall be marked within the rectangle which is shown in that diagram.

7.  In this Schedule—

“maximum engine power” means the maximum net power the motor cycle engine will develop, in kilowatts, when measured in accordance with the test conditions specified in the International Standard number ISO 4106 developed by the technical committee of the International Organisation for Standardisation, and approved by member bodies, including the United Kingdom, and published under the reference ISO 1978 4106-09-01;

“moped” means a motor cycle which—

“power to weight ratio” means the ratio of the maximum engine power to the kerbside weight of the vehicle measured, as regards the maximum engine power, in kilowatts and, as regards the kerbside weight, in 1000 kg;

“standard motor cycle” means a motor cycle which is not a moped.

8.  A motor cycle shall be regarded as complying with paragraph (c) of the definition of “moped” in paragraph 7 if it cannot exceed 35 mph when tested under the following conditions—

(a)the surface on which it is tested shall be dry asphalt or concrete;

(b)the rider shall be a person not exceeding 75 kg in weight;

(c)no passenger or load shall be carried;

(d)the test route shall be so located that acceleration to, and deceleration from, maximum speed can take place elsewhere than on the test route itself;

(e)the test route shall not have a gradient exceeding 5%;

(f)the motor cycle shall be ridden in opposite directions along the test route and the speed recorded for the purpose of the test shall (in order to minimise the effect of wind resistance and gradient) be the average of speeds shown for each direction;

(g)when being driven along the test route, the motor cycle shall be driven in such manner and in such gear as to achieve the maximum speed of which it is capable; and

(h)if the motor cycle is fitted with a device which can, without the use of specialist tools or equipment, be readily modified or removed so as to increase its maximum speed, the test shall be carried out with the device in the modified condition or, as the case may be, without the device.

(see regulations 87(2), 89(1), 93(2), (3)and (6))

SCHEDULE 13Maximum permitted weights, etc

(see regulation 87(2))

Part IMaximum permitted laden weights of (1) trailers and (2) heavy motor cars and motor cars not fitted with road friendly suspension; in each case not forming part of an articulated vehicle

1.  The maximum permitted laden weight of a two or three axle vehicle to which this Part applies of a description specified in column 2 of Table I shall, for the purposes of regulation 87, be the weight specified in column 3 of that item.

2.  In the case of a vehicle to which this Part applies and which is not of a description specified in an item in column 2 of Table I, the maximum permitted laden weight shall, for the purposes of regulation 87, be the weight specified in column 4 of Table II in the item which is appropriate having regard to columns 2 and 3 of that Table.

(regulation 87(2))

Part IIMaximum permitted gross weights for heavy cars and motor cars if the driving axles are fitted with road friendly suspension etc and in each case not forming part of an articulated vehicle

1.  Subject to paragraph 2, the maximum permitted gross weight of a vehicle to which this Part applies shall, for the purposes of regulation 87, be the weight shown in column 4 of the Table in the item which is appropriate, having regard to columns 2 and 3 in that Table.

2.  In the case of a vehicle to which this Part applies being a two axle goods vehicle which has a distance between its axles of at least 3.0m, the maximum permitted laden weight for the purposes of regulation 87 shall be 17,000 kg.

(see regulation 87(2))

Part IIIMaximum Permitted Laden Weights for Heavy Motor Cars and Motor Cars Forming Part of Articulated Vehicles

(see regulation 89(1))

Part IVMaximum Permitted Laden Weight of Articulated Vehicles

(see regulation 89(1))

Part VMaximum permitted laden weight of articulated vehicles

(see regulation 91(2))

Part VIVehicles with two closely-spaced axles

(see regulation 91(3))

Part VIIVehicles with three closely-spaced axles

(regulations 87, 88(2), 89(3), 90 and 93(4))

SCHEDULE 14Exemptions relating to combined transport operations

Part IGeneral

1.  Regulation 88 does not apply to a wheeled heavy motor car drawing one wheeled trailer if the requirements set out in Part II of this Schedule are fulfilled.

2.  Regulation 89 does not apply to an articulated vehicle if the requirements set out in Part III of this Schedule are fulfilled.

3.  Regulations 87, 88, 89 and 90 do not apply to an articulated vehicle if the requirements set out in Part IV of the Schedule are for the time being fulfilled.

Part IIDrawbar combinations

4.—(1) The drawing vehicle and trailer must each be carrying a relevant receptacle as part of a combined transport operation, each such receptacle being on a journey—

(a)to a railhead from which the relevant receptacle is, as part of the operation, to be transported in a relevant manner by railway pursuant to a relevant contract made before the journey began;

(b)from a railhead to which the relevant receptacle has, as part of the operation, been transported in a relevant manner by railway; or

(c)to a harbour from which the relevant receptacle is, as part of the operation, to be transported by sea pursuant to a relevant contract made before the journey began; or

(d)from a harbour to which the relevant receptacle has, as part of the operation, been transported by sea.

(2) There must be carried in the cab of the drawing vehicle a document or documents—

(a)if the vehicle is on a journey to a railhead, specifying the railhead, the date the relevant contract was made and the parties thereto;

(b)if the vehicle is on a journey from a railhead, specifying the railhead and the date and time at which the receptacles were collected from that railhead;

(c)if the vehicle is on a journey to a harbour, specifying the harbour, the date the relevant contract was made and the parties thereto; and

(d)if the vehicle is on a journey from a harbour, specifying the harbour and the date and time at which the receptacles were collected from that harbour.

5.  The following conditions must be satisfied in relation to the drawing vehicle, namely—

(a)it complies with the relevant braking requirement;

(b)every driving axle not being a steering axle is fitted with twin tyres; and

(c)either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500 kg.

6.—(1) The motor vehicle and trailer must have a total of at least 6 axles.

(2) The total laden weight of the motor vehicle and trailer must not exceed 44,000 kg.

Part IIIArticulated Vehicles

7.—(1) The motor vehicle comprised in the articulated vehicle must be being used for the conveyance of a loading unit as part of a combined transport operation, the loading unit being on a journey—

(a)to a railhead from which the loading unit is, as part of the operation, to be transported in a relevant manner by railway pursuant to a relevant contract made before the journey began; or

(b)from a railhead to which the loading unit has, as part of the operation, been transported in a relevant manner by railway; or

(c)to a harbour from which the relevant receptacle is, as part of the operation, to be transported by sea pursuant to a relevant contract made before the journey began; or

(d)from a harbour to which the relevant receptacle has, as part of the operation,been transported by sea.

(2) If the loading unit is a bi-modal vehicle, the semi-trailer comprised in the articulated vehicle must be the bi-modal vehicle in its semi-trailer mode.

(3) If the loading unit is a relevant receptacle, the relevant receptacle must be being carried on the semi-trailer comprised in the articulated vehicle.

(4) There must be carried in the cab of the motor vehicle a document or documents—

(a)if the vehicle is on a journey to a railhead, specifying the railhead, the date the contract was made and the parties thereto;

(b)if the vehicle is on a journey from a railhead, specifying the railhead and the date and time at which the loading unit was collected from that railhead;

(c)if the vehicle is on a journey to a harbour, specifying the harbour, the date the relevant contract was made and the parties thereto; and

(d)if the vehicle is on a journey from a harbour, specifying the harbour and the date and time at which the receptacles were collected from that harbour.

8.  The following conditions must be satisfied in relation to the motor vehicle, namely—

(a)it complies with the relevant braking requirements;

(b)it has at least three axles;

(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 8,500 kg.

9.—(1) The articulated vehicle must have a maximum of at least 6 axles.

(2) The laden weight of the articulated vehicle must not exceed the weight determined in accordance with sub-paragraph (3).

(3) The weight for the purposes of sub-paragraph (2) is the number of kilograms equal to the product of the distance measured in metres between the king-pin and the centre of the rearmost axle of the semi-trailer multiplied by 5500 and rounded up to the nearest 10 kg, if that number is less than 44,000 kg.

Part IVArticulated Vehicles (Alternative Requirements)

10.—(1) The requirements of paragraph 6 are fulfilled.

(2) The vehicle is one which falls within the first indent of paragraph 1 of Article 3 of Community Directive 96/53(13) (vehicles used in international traffic or put into circulation in any other Member State) and complies with the limit values specified in paragraph 2.2.2. of Annex I and the other relevant requirements of that Directive.

Part VInterpretation

11.—(1) In this Schedule—

“bi-modal vehicle” means a semi-trailer which can be adapted for use as a railway vehicle;

“journey”, except in sub-paragraph (2), means a journey by road;

“loading unit” means a bi-modal vehicle, road-rail semi-trailer or a relevant receptacle;

“network” means—

together constituting a system of track and other installations which is used for and in connection with the support, guidance and operation of trains;

“network licence” means a licence authorising a person——

“railhead” means a facility for the transhipment of—

or vice versa;

“railway” means a system of transport employing parallel rails which—

“railway vehicle” includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along track;

“relevant contract” means a contract for the transport of a loading unit—

“relevant receptacle” means a receptacle (not being a vehicle) having a length of at least 6.1m designed and constructed for repeated use for the carriage of goods on, and for transfer between, road vehicles and railway vehicles or sea-going vessels;

“road-rail semi-trailer” means a semi-trailer constructed or adapted so as to be capable of being both used as a semi-trailer on roads and carried on a railway vehicle;

“road friendly suspension” and “twin tyres” have the meanings given by regulation 87;

“track” means any land or other property comprising the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon, whether or not the land or other property is also used for other purposes; and any reference to track includes a reference to—

“train” means—

(2) In these Regulations, a reference to a combined transport operation is a reference to the transport of a loading unit on a journey where—

(a)part of the journey is either—

(i)by railway operated by the Northern Ireland Railways Company Limited or on a network operated by the British Railways Board or under a network licence; or

(ii)by sea to or from a destination outside the British Islands.

(b)part of the journey is by road; and

(c)no goods are added to or removed from the loading unit between the time when the journey begins and the time when it ends.

(3) Subject to sub-paragraph (4), for the purposes of this Schedule—

(a)a bi-modal vehicle shall be regarded as being transported by railway in a relevant manner if and only if the vehicle in its railway vehicle mode is travelling by railway as part of a train;

(b)a relevant receptacle shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train.

(4) A relevant receptacle shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when—

(a)the relevant receptacle is in or on a motor vehicle or trailer; and

(b)the motor vehicle or trailer is being carried on a railway vehicle; and

(c)a road-rail semi-trailer shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train.

(5) A road-rail semi-trailer shall be regarded as being transported by railway in a relevant manner if and only if it is being carried as a railway vehicle which forms part of a train.

(6) In this Schedule any reference to harbour means a harbour in Northern Ireland or the Republic of Ireland.

(see regulation 94(1), (4), (6) and (9) to (12))

SCHEDULE 15Conditions to be complied with in relation to the use of vehicles carrying wide or long loads or vehicles carrying loads or having fixed appliances or apparatus which project

Part I

Advance notice to Police

1.  The conditions referred to in regulation 94(4)(ii)(A), (6), (9) and (11)(b)(ii) are—

(a)before using on a road a vehicle to which this Schedule applies, the owner shall give at least two clear working days notice in writing of the intended use to the Chief Constable of the Royal Ulster Constabulary, and the notice shall include the following details—

(i)time, date and route of the proposed journey, and

(ii)in a case to which regulation 6(15) applies, the overall length of the trailer,

(iii)in a case to which regulation 94(3) applies, the overall length and width of the vehicle by which the load is carried and the width of the lateral projection of its load,

(iv)in a case to which regulation 94(6)(a) applies, the overall length and width of each vehicle by which the load is carried, the length of any forward or rearward projection and, where the load rests on more than one vehicle, the distance between the vehicles,

(v)in a case to which regulation 94(6)(b) applies, the overall length of the combination of vehicles and the length of any forward or rearward projection of the load, and

(vi)in a case to which regulation 94(9) and (10) applies, the overall length of the vehicle and the length of any forward or rearward projection of the load or special appliance or apparatus.

The Chief Constable of the Royal Ulster Constabulary may, at his discretion, accept a shorter period of notice or fewer details.

(b)The vehicle shall be used only in accordance with the details specified in sub-paragraph (a) subject to any variation in the time, date or route which may be directed by—

(i)the Chief Constable of the Royal Ulster Constabulary to the owner of the vehicle, or

(ii)a constable to the driver in the interests of road safety or in order to avoid undue traffic congestion by halting the vehicle in a place on or adjacent to the road on which the vehicle is travelling.

In this paragraph—

(i)“working day” means a day which is not a Sunday, a bank holiday, Christmas Day or Good Friday, and

(ii)“bank holiday” means a day which is a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(14).

Attendants

2.  The conditions referred to in regulation 94(4)(ii)(B), (6), (9) and (11)(b)(ii) are—

(1) Subject to sub-paragraph (2) at least one person in addition to the person employed in driving the vehicle shall be employed—

(a)in attending to that vehicle and its load and any other vehicle drawn by that vehicle and the load carried on the vehicle so drawn, and

(b)to give warning to the driver of the motor vehicle and to any person of any danger likely to be caused to him by reason of the presence of the said vehicle on the road.

(2) Where three or more vehicles are travelling together in convoy, it shall be sufficient compliance with this paragraph if only the foremost and rearmost vehicles in the convoy are attended as prescribed in sub-paragraph (1).

(3) When a motor vehicle is drawing a trailer—

(i)any person employed in pursuance of regulation 105 in attending that vehicle or trailer shall be treated as being an attendant required by this paragraph so long as he is also employed to discharge the duties mentioned in sub-paragraph (1); and

(ii)when another motor vehicle is used for the purpose of assisting in their propulsion on the road, the person employed in driving that other motor vehicle shall not be treated as a person employed in attending to the first-mentioned vehicle or any vehicle drawn by it.

Marking of longer projections

3.  The conditions referred to in regulation 94(9) and (12) are—

(a)a forward and rearward projection shall be fitted with—

(i)an end marker, except in the case of a rearward projection which is fitted with a rear marking in accordance with the Lighting Regulations, and

(ii)where required by sub-paragraphs (c) and (d) two or more side markers which shall be of the size, shape and colour described in Part II;

(b)the end marker shall be so fitted that—

(i)it is as near to the projection as is practicable in a transverse plane,

(ii)it is not more than 0.5m from the extreme end of the projection,

(iii)the vertical distance between the lowest point of the marker and the road surface is not more than 2.5m,

(iv)it, and any means by which it is fitted to the projection impedes the view of the driver as little as possible, and

(v)it is clearly visible within a reasonable distance to a person using the road at the end of the vehicle from which the projection extends;

(c)where the forward projection exceeds 2m or the rearward projection exceeds 3m, one side marker shall be fitted on the right hand side and one on the left hand side of the projection so that—

(i)each marker is as near to the projection as is practicable in a longitudinal plane,

(ii)no part extends beyond the end of the projection,

(iii)the vertical distance between the lowest part of each marker and the surface of the road is not more than 2.5m,

(iv)the horizontal distance between each marker and the end marker or, as the case may be, the rear marking carried in accordance with the Lighting Regulations does not exceed 1m, and

(v)each marker is clearly visible within a reasonable distance to a person using the road on that side of the projection;

(d)where—

(i)a forward projection exceeds 4.5m, or

(ii)a rearward projection exceeds 5m

extra side markers shall be fitted on either side of the projection so that the horizontal distance between the extreme projecting point of the vehicle from which the projection extends and the nearest point on any side marker from that point, and between the nearest points of any adjacent side markers on the same side does not exceed—

• 2.5m in the case of a forward projection, or

• 3.5m in the case of a rearward projection.

For the purpose of this sub-paragraph the expression “the vehicle” shall not include any special appliance or apparatus or any part of them which is a forward projection or a rearward projection within the meaning given to those expressions in regulation 94;

(e)the extra side markers required by this sub-paragraph shall also meet the requirements of (i), (iii) and (v) of sub-paragraph (c);

(f)every marker fitted in accordance with this paragraph shall be kept clean and unobscured and between sunset and sunrise be illuminated by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road.

Marking of shorter projections

4.  The conditions referred to in regulation 94(9), (10)(a) and (12) are that a projection shall be rendered clearly visible to other persons using the road within a reasonable distance, in the case of a forward projection, from the front thereof or, in the case of a rearward projection, from the rear thereof and, in either case, from either side thereof.

Marking of wide loads

5.—(a) Subject to sub-paragraph (d), every load carried on a vehicle in circumstances where this paragraph applies shall be fitted on each side and in the prescribed manner, with—

(i)a prescribed marker in such a position that it is visible from the front of the vehicle, and

(ii)a prescribed marker in such a position that it is visible from the rear of the vehicle;

(b)for the purposes of sub-paragraph (a)—

(i)a marker on a side of the load is fitted in the prescribed manner if at least part of it is within 50mm of a longitudinal plane passing through the point on that side of the load which is furthest from the axis of the vehicle; and

(ii)a prescribed marker is a marker of the size, shape and colour described in Part II;

(c)every marker fitted pursuant to this paragraph shall be kept clean and between sunset and sunrise be illuminated by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road;

(d)if the load does not extend beyond the longitudinal plane passing through the extreme projecting point on one side of the vehicle, it shall not be necessary for a marker to be fitted to the load on that side.

(see paragraph 3(a) and 5(b) of Part I)

Part IIProjection Markers

(see regulation 2(l))

SCHEDULE 16Plate for Restricted Speed Vehicle

A vehicle displays a plate in accordance with the requirements of this Schedule if a plate in respect of which the following conditions are satisfied is displayed on the vehicle in a prominent position.

The conditions are—

(a)the plate must be in the form shown in the diagram below;

(b)the plate must be at least 150mm wide and at least 120mm high;

(c)the figures “5” and “0” must be at least 100mm high and 50mm wide with a stroke width of at least 12mm, the figures being black on a white backgroundround; and

(d)the border must be black and between 3mm and 5mm wide.

(see regulations 47 and 48)

SCHEDULE 17Exclusion of certain vehicles from the application of regulation 47

Part I

1.—(1) In this Part—

“EEC type approval certificate” means a certificate issued by a member State of the European Economic Community in accordance with Community Directive 70/220 as originally made or with any amendments which have from time to time been made before 5th September 1988;

“engine capacity” means in the case of a reciprocating engine, the nominal swept volume and, in the case of a rotary engine, double the nominal swept volume;

“relevant authority” means—

(2) The reference in this Schedule to an M 1 category vehicle is a reference to a vehicle described as M 1 in Council Directive 70/156/EEC of 6th February 1970 as amended at 5th September 1988.

2.  A vehicle of a description specified in column 2 of the Table in Part II is excluded from the application of regulation 47 if it is first used before the date specified in column 3 and the conditions specified in paragraph 3 are satisfied in respect to it on that date.

3.  The conditions referred to in paragraph 2 are—

(a)that the vehicle is a model in relation to which there is in force an EEC type approval certificate issued before 1st October 1989;

(b)that the manufacturer of the vehicle has supplied to the relevant authority which issued the EEC type approval certificate, a certificate stating that adapting vehicles of that model to the fuel requirements specified in the Annexes to Community Directive 88/76 would entail a change in material specification of the inlet or exhaust valve seats or a reduction in the compression ratio or an increase in the engine capacity to compensate for loss of power; and

(c)that the relevant authority has accepted the certificate referred to in sub-paragraph (b).

Part IISymbol Indicating that Vehicle can run on Unleaded Petrol

(regulation 57(5))

SCHEDULE 18Bus Services specified for the purposes of regulation 57(5)

1.  Bus services provided or secured—

(a)by an Education and Library Board pursuant to arrangements made under Article 52 of the Education and Libraries (Northern Ireland) Order 1986(15); and

(b)for persons who are elderly or disabled,

and in respect of which the following conditions are satisfied—

(i)seats on the vehicles by means of which the service is provided are normally available to members of the general public and the service is regularly used by such members;

(ii)the stopping places (other than those to or from which the service is mainly provided) are situated at locations where they are likely to be used with reasonable frequency by members of the general public;

(iii)such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;

(iv)such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; and

(v)arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, the times of its operation, and the places which it serves.

2.  Bus services of any description other than that set out in paragraph 1 which are provided by means of vehicles adapted to carry more than eight passengers (or by smaller vehicles, but only if the services are operated in accordance with a timetable) and in respect of which the following conditions are satisfied—

(i)at least half of the accommodation on the vehicles by means of which the service is provided is normally available to members of the general public and the service is regularly used by such members;

(ii)the stopping places are situated at locations where they are likely to be used with reasonable frequency by members of the general public;

(iii)such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;

(iv)there is not displayed on the vehicles by means of which the service is provided any sign or description intended or likely to convey the impression that the service is only available to a particular category of person; and

(v)arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation, and the places which it serves.

In this Schedule “stopping places” means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part.

SCHEDULE 19Regulations revoked by regulation 126