PART IE+W+SPRELIMINARY

Commencement and citationE+W+S

1.  These Regulations shall come into operation on 11th August 1986, and may be cited as the Road Vehicles (Construction and Use) Regulations 1986.

RevocationE+W+S

2.  The Regulations specified in Schedule 1 are hereby revoked.

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires—

(a)any reference to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations,

(b)any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or Schedule or (in the case of a sub-paragraph) paragraph in which the reference occurs, and

(c)any reference to a Table, or to a numbered Table, is a reference to the Table, or to the Table bearing that number, in the regulation or Schedule in which that reference occurs.

(2) In these Regulations, unless the context otherwise requires, the expressions specified in column 1 of the Table have the meaning, or are to be interpreted in accordance with the provisions, specified for them in column 2 of the Table.

[F23(2A) Without prejudice to section 17 of the Interpretation Act 1978(3) and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.]

(3) For the purpose of these Regulations, the date on which a motor vehicle is first used is—

(a)in the case of a vehicle not falling within sub-paragraph (b) and which is registered, the date on which it was registered;

(b)in each of the following cases—

(i)a vehicle which is being or has been used under a trade licence as defined in section 16 of the 1971 Act (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made or of a distributor of vehicles, or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);

(ii)a vehicle belonging, or which has belonged, to the Crown and which is or was used or appropriated for use for naval, military or air force purposes;

(iii)a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965 applies;

(iv)a vehicle which has been used on roads outside Great Britain before being imported into Great Britain; and

(v)a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;

the date of manufacture of the vehicle.

In sub-paragraph (b) (v) of this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring it solely for the purpose of resale or re-supply for a valuable consideration .

(4) The date of manufacture of a vehicle to which the Type Approval for Goods Vehicles Regulations apply shall be the date of manufacture described in regulation 2(4)(a) of those Regulations.

(5) Save where otherwise provided in these Regulations a tyre shall not be deemed to be of soft or elastic material unless the said material is either—

(a)continuous round the circumference of the wheel; or

(b)fitted in sections so that so far as reasonably practicable no space is left between the ends thereof,

and is of such thickness and design as to minimise, so far as reasonably possible, vibration when the vehicle is in motion and so constructed as to be free from any defect which might in any way cause damage to the surface of a road.

(6) For the purpose of these Regulations a brake drum and a brake disc shall be deemed to form part of the wheel and not of the braking system.

(7) For the purpose of these Regulations other than regulations 26 and 27 any two wheels of a motor vehicle or trailer shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and the road surface is less than 460 mm.

(8) For the purpose of these Regulations other than regulations 26 and 27 in counting the number of axles of, and in determining the sum of the weights transmitted to the road surface by any one axle of, a vehicle, all the wheels of which the centres of the areas of contact with the road surface can be included between any two transverse planes less than [F240.5] m apart shall be treated as constituting one axle.

[F25(8A) For the purposes of these Regulations, a reference to axles being closely-spaced is a reference to—

(a)two axles (not being part of a group of axles falling within sub-paragraph (b) or (c)) which are spaced at a distance apart of not more than 2.5m;

(b)three axles (not being part of a group of axles falling within sub-paragraph (c)) the outermost of which are spaced at a distance apart of not more than 3.25m; or

(c)four or more axles the outermost of which are spaced at a distance apart of not more than 4.6m;

the number of axles for the purposes of these paragraphs being determined in accordance with paragraph (8); and a reference to any particular number of closely-spaced axles shall be construed accordingly.]

(9) The provisions of these Regulations relating to trailers do not apply to any part of an articulated bus.

(10) For the purpose of [F26paragraph (8A) above,] regulations 51, [F2776, 77 and 79] and [F28Schedules 11 and 11A] F29..., the distance between any two axles shall be obtained by measuring the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

(11) For the purpose of the following provisions only, a composite trailer shall be treated as one trailer (not being a semi-trailer or a converter dolly)—

(a)regulations 7, 76 and 83;

(b)paragraph (2) of, and items 3 and 10 in the Table in, regulation 75;

(c)item 2 in the Table in regulation 78.

Application and ExemptionsE+W+S

4.—(1) Save where the context otherwise requires, these Regulations apply to both wheeled vehicles and track-laying vehicles.

(2) Where a provision is applied by these Regulations to a motor vehicle first used on or after a specified date it does not apply to that vehicle if it was manufactured at least six months before that date.

(3) Where an exemption from, or relaxation of, a provision is applied by these Regulations to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least six months before that date.

(4) The regulations specified in an item in column 3 of the Table do not apply in respect of a vehicle of a class specified in that item in column 2.

(5) Any reference to a broken down vehicle shall include a reference to any towing implement which is being used for the drawing of any such vehicle.

(6) The Secretary of State is satisfied that it is requisite that the provisions of regulation 40(2) should apply, as from the date on which these Regulations come into operation, to track-laying vehicles registered before the expiration of one year from the making of these Regulations; and that, notwithstanding that those provisions will then apply to these vehicles, no undue hardship or inconvenience will be caused thereby.

Trade Descriptions Act 1968E+W+S

5.  Nothing in any provision of these Regulations whereby any vehicle or any of its parts or equipment is required to be marked with a specification number or the registered certification trade mark of the British Standards Institution or with an approval mark, or whereby such a marking is treated as evidence of compliance with a standard to which the marking relates, shall be taken to authorise any person to apply any such marking to the vehicle, part or equipment in contravention of the Trade Descriptions Act 1968.

Compliance with Community Directives and ECE RegulationsE+W+S

6.—(1) For the purpose of any regulation which requires or permits a vehicle to comply with the requirements of a Community Directive or an ECE Regulation, a vehicle shall be deemed so to have complied at the date of its first use only if—

(a)one of the certificates referred to in paragraph (2) has been issued in relation to it; or

(b)the marking referred to in paragraph (3) has been applied; or

(c)it was, before it was used on a road, subject to a relevant type approval requirement as specified in paragraph (4).

(2) The certificates mentioned in paragraph (1) are—

(a)a type approval certificate issued by the Secretary of State under regulation 5 of the Type Approval Regulations or of the Type Approval for Agricultural Vehicles Regulations;

(b)a certificate of conformity issued by the manufacturer of the vehicle under regulation 6 of either of those Regulations; F40...

(c)a certificate issued under a provision of the law of any member state of the European Economic Community which corresponds to the said regulations 5 or 6 [F41; or

(d)a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;]

being in each case a certificate issued by reason of the vehicle's conforming to the requirements of the Community Directive in question.

(3) The marking mentioned in paragraph (1) is a marking designated as an approval mark by regulation 4 of the Approval Marks Regulations, being in each case a mark shown in column 2 of an item in Schedule 2 to those Regulations which refers, in column 5, to the ECE Regulation in question, applied as indicated in column 4 in that item.

(4) A relevant type approval requirement is a requirement of the Type Approval (Great Britain) Regulations or the Type Approval for Goods Vehicles Regulations which appears—

(a)in column 4 of Table I in Schedule 2 in the item in which the Community Directive in question appears in column 3, or

(b)in column 4 of Table II in Schedule 2 in the item in which the ECE Regulation in question appears in column3.

PART IIE+W+SREGULATIONS GOVERNING THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

AE+W+SDIMENSIONS AND MANOEUVRABILITY

LengthE+W+S

7.—(1) Subject to paragraphs (2) to (6), the overall length of a vehicle or combination of vehicles of a class specified in an item in column 2 of the Table shall not exceed the maximum length specified in that item in column 3 of the Table, the overall length in the case of a combination of vehicles being calculated in accordance with regulation 81(g) and (h).

(2) In the case of a motor vehicle drawing one trailer where—

(a)the motor vehicle is a showman's vehicle as defined in paragraph 7 of Schedule 3 to the 1971 Act; and

(b)the trailer is used primarily as living accommodation by one or more persons and is not also used for the carriage of goods or burden which are not needed for the purpose of such residence in the vehicle,

item 1 in the Table applies with the substitution of 22 m for 18 m [F49and item 1A in the Table does not apply].

[F50(3) Items 1 [F51,1A], 3, 3A and 3B of the Table do not apply to–

(a)a vehicle combination which includes a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length, or

(b)a vehicle combination consisting of a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown, [F52or

(c)an articulated vehicle, the semi-trailer of which is a low loader manufactured before 1st April 1991.]

(3A) Items 6, 7, 7A, 8 and 9 of the Table do not apply to–

(a)a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length,

(b)a broken down vehicle (including an articulated vehicle) which is being drawn by a motor vehicle in consequence of a breakdown, or

(c)a trailer being a drying or mixing plant designed for the production of asphalt or of bituminous or tar macadam and used mainly for the construction, repair or maintenance of roads, or a road planing machine so used.

(3B) Furthermore item 7 does not apply to–

(a)a semi-trailer which is a car transporter,

(b)a semi-trailer which is normally used on international journeys any part of which takes place outside the United Kingdom.]

(4) Where a motor vehicle is drawing—

(a)two trailers, then only one of those trailers may exceed an overall length of 7 m;

(b)three trailers, then none of those trailers shall exceed an overall length of 7 m.

(5) Where a motor vehicle is drawing—

(a)two or more trailers; or

(b)one trailer constructed and normally used for the conveyance of indivisible loads of exceptional length—

then—

(i)the overall length of that motor vehicle shall not exceed 9.2 m; and

(ii) the overall length of the combination of vehicles, calculated in accordance with regulation 81(g) and (h), shall not exceed 25.9 m, unless the conditions specified in paragraphs 1 and 2 of Schedule 12 have been complied with.

[F53(5A) The requirements of this paragraph, in relation to a combination of vehicles, are that at least one of the vehicles in the combination is not a goods vehicle or, if both vehicles in the combination are goods vehicles that—

(a)the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer, less the distance between the rear of the motor vehicle and the front of the trailer, does not exceed 15.65m; and

(b)the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer does not exceed 16m;

but sub-paragraph (a) shall not apply if both vehicles in the combination are car transporters.]

[F54(6) The requirements of this paragraph, in relation to a semi-trailer, are that–

(a)the longitudinal distance from the axis of the king pin F55... to the rear of the semi-trailer does not exceed–

(i)12.5m in the case of a car transporter, or

(ii)12m in any other case; and

(b)no point in the semi-trailer forward of the transverse plane passing through the axis of the king pin F55... is more than–

(i)4.19m from the axis of the king pin, in the case of a car transporter, or

(ii)2.04m from the axis of the king pin, in any other case.

[F56(6A) For the purposes of paragraph (5A)—

(a)where the forward end of the loading area of a motor vehicle is bounded by a wall, the thickness of the wall shall be regarded as part of the loading area; and

(b)any part of a vehicle designed primarily for use as a means of attaching another vehicle to it and any fitting designed for use in connection with any such part shall be disregarded in determining the distance between the rear of a motor vehicle and the front of a trailer being drawn by it.]

(7) For the purpose of paragraph (6) the longitudinal distance from the axis of the king pin to the rear of a semi-trailer is the distance between a transverse plane passing through the axis of the king pin and [F57the rear of the semi-trailer].

[F58(7A) Where a semi-trailer has more than one king-pin or is constructed so that it can be used with a king-pin in different positions, references in this regulation to a distance from the king-pin shall be construed as the distance from the rearmost king-pin or, as the case may be, the rearmost king-pin position.]

[F59(7B) For the purposes of paragraphs (5A), (6) and (7)—

(a)a reference to the front of a vehicle is a reference to the transverse plane passing through the extreme forward projecting points of the vehicle; and

(b)a reference to the rear of a vehicle is a reference to the transverse plane passing through the extreme rearward projecting points of the vehicle,

inclusive (in each case) of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of—

(i)the things set out in sub-paragraph (i) of the definition of “overall length” in the Table in regulation 3(2), and

(ii)in the case of a semi-trailer, the things set out in sub-paragraph (ii)(a) of that definition.]

(8) Where a broken down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown–

(a)paragraph (5) shall have effect in relation to the combination of vehicles as if sub-paragraph (b) were omitted, and

(b)for the purposes of paragraph (4) and of paragraph (5) as so modified, the articulated vehicle shall be regarded as a single trailer.]

[F60(9) No person shall use or cause or permit to be used on a road, a trailer with an overall length exceeding 18.65m unless the requirements of paragraphs 1 and 2 of Schedule 12 are complied with.]

WidthE+W+S

8.—(1) Save as provided in paragraph (2), the overall width of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum width specified in column 3 in that item.

(2) Paragraph (1) does not apply to a broken down vehicle which is being drawn in consequence of the breakdown.

(3) No person shall use or cause or permit to be used on a road a wheeled agricultural motor vehicle drawing a wheeled trailer if, when the longitudinal axes of the vehicles are parallel but in different vertical planes, the overall width of the two vehicles, measured as if they were one vehicle, exceeds 2.5 metres.

(4) In this regulation “refrigerated vehicle” means any vehicle which is specially designed for the carriage of goods at low temperature and of which the thickness of each of the side walls, inclusive of insulation, is at least 45 mm.

HeightE+W+S

9.—(1) The overall height of a bus shall not exceed 4.57 m.

(2) Save as provided in paragraph (3), no person shall use or cause or permit to be used on a road any semi-trailer if—

(a)any part of the structure of the vehicle is more than 4.2 m from the ground when the vehicle is on level ground; and

(b)the total laden weight of the semi-trailer and the vehicle by which it is drawn exceeds [F6235,000kg].

[F63(2A) Save as provided by paragraph (3), no person shall use or cause or permit to be used on a road a motor vehicle drawing a trailer (other than a semi– trailer) if—

(a)any part of the structure of any of the vehicles in the combination is more than 4.2m from the ground when the vehicles are on level ground; and

(b)the total laden weight of the vehicles in the combination exceeds 35,000kg.]

(3) For the purpose of [F64paragraphs (2) and (2A)] the structure of a vehicle includes any detachable structure attached to the vehicle for the purpose of containing any load, but does not include any load which is not a detachable structure or any sheeting or other readily flexible means of covering or securing a load.

The provisions of [F64paragraphs (2) and (2A)] do not apply in respect of any vehicle while it is being loaded or unloaded.

Indication of overall travelling heightE+W+S

10.—(1) This regulation applies to every motor vehicle which is—

(a)constructed or adapted so as to be capable of hoisting and carrying a skip;

(b)carrying a container;

(c)drawing a trailer or semi-trailer carrying a container;

(d)engineering plant;

(e)carrying engineering equipment; or

(f)drawing a trailer or semi-trailer carrying engineering equipment.

(2) No person shall use or cause or permit to be used on a road a vehicle to which this regulation applies if the overall travelling height exceeds 3.66 m unless there is carried in the vehicle in the manner specified in paragraph (3) a notice clearly indicating in feet and inches and in figures not less than 40 mm tall, the overall travelling height.

(3) The notice referred to in paragraph (2) shall be attached to the vehicle in such a manner that it can be read by the driver when in the driving position.

(4) In this regulation—

F65...

“overall travelling height” means not less than and not above 25 mm more than the distance between the ground and the point on the motor vehicle, or on any trailer drawn by it, or on any load which is being carried by or any equipment which is fitted to the said motor vehicle or trailer, which is farthest from the ground, and for the purpose of determining the overall travelling height—

“skip” means an article of equipment designed and constructed to be carried on a road vehicle and to be placed on a road or other land for the storage of materials, or for the removal and disposal of rubble, waste, household or other rubbish or earth.

OverhangE+W+S

11.—(1) The overhang of a wheeled vehicle of a class specified in an item in column 2 of the Table shall not, subject to any exemption specified in that item in column 4, exceed the distance specified in that item in column 3.

(2) In the case of an agricultural motor vehicle the distance measured horizontally and parallel to the longitudinal axis of the rear portion of the vehicle between the transverse planes passing through the rearmost point of the vehicle and through the centre of the rear or the rearmost axle shall not exceed 3 m.

Minimum ground clearanceE+W+S

12.—(1) Save as provided in paragraph (2), a wheeled trailer which is—

(a)a goods vehicle; and

(b)manufactured on or after 1st April 1984,

shall have a minimum ground clearance of not less than 160 mm if the trailer has an axle interspace of more than 6 m but less than 11.5 m, and a minimum ground clearance of not less than 190 mm if the trailer has an axle interspace of 11.5 m or more.

(2) Paragraph (1) shall not apply in the case of a trailer—

(a)which is fitted with a suspension system with which, by the operation of a control, the trailer may be lowered or raised, while that system is being operated to enable the trailer to pass under a bridge or other obstruction over a road provided that at such times the system is operated so that no part of the trailer (excluding any wheel) touches the ground or is likely to do so; or

(b)while it is being loaded or unloaded.

(3) In this regulation—

“axle interspace” means—

“ground clearance” means the shortest distance between the ground and the lowest part of that portion of the trailer (excluding any part of a suspension, steering or braking system attached to any axle, any wheel and any air skirt) which lies within the area formed by the overall width of the trailer and the middle 70% of the axle interspace, such distance being ascertained when the trailer—

[F66Turning circle—buses]E+W+S

13.—(1) This regulation applies to a bus first used on or after 1st April 1982.

(2) Every vehicle to which this regulation applies shall be able to move on either lock so that no part of it projects outside the area contained between concentric circles with radii of 12 m and 5.3 m.

(3) When a vehicle to which this regulation applies moves forward from rest, on either lock, so that its outermost point describes a circle of 12 m radius, no part of the vehicle shall project beyond the longitudinal plane which, at the beginning of the manoeuvre, defines the overall width of the vehicle on the side opposite to the direction in which it is turning by more than—

(a)0.8 m if it is a rigid vehicle; or

(b)1.2 m if it is an articulated bus.

(4) For the purpose of paragraph (3) the two rigid portions of an articulated bus shall be in line at the beginning of the manoeuvre.

[F67Turning circle—articulated vehicles other than those incorporating a car transporterE+W+S

13A—(1) Subject to paragraphs (2) and (3), this regulation applies to an articulated vehicle having an overall length exceeding 15.

5m.

(2) This regulation does not apply to an articulated vehicle, the semi-trailer of which–

(a)was manufactured before the 1st April 1990, [F68and]

F69(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)has an overall length that does not exceed the overall length it had on that date.

(3) This regulation does not apply to an articulated vehicle the semi-trailer of which is–

(a)a car transporter,

(b)a low loader,

(c)a stepframe low loader, or

(d)constructed and normally used for the conveyance of indivisible loads of exceptional length.

(4) Every vehicle to which this regulation applies shall be able to move on either lock so that, disregarding the things set out in paragraph (i)(a) to (m) in the definition of “overall width” in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5m and 5.3m.

Turning circle—articulated vehicles incorporating a car transporterE+W+S

13B—(1) Subject to paragraphs (2) and (3) this regulation applies to an articulated vehicle having an overall length exceeding 15.

5m, the semi-trailer of which is a car transporter.

(2) This regulation does not apply to an articulated vehicle, the semi-trailer of which satisfied the following conditions–

(a)it was manufactured before the 1st April 1990, and

(b)the distance from the front of the trailer to the rearmost axle is no greater than it was on that date.

(3) This regulation does not apply to an articulated vehicle the semi-trailer of which is–

(a)a low loader, or

(b)a stepframe low loader.

(4) Every articulated vehicle to which this regulation applies shall be able to move on either lock so that, disregarding the things set out in paragraph (i)(a) to (m) in the definition of “overall width” in the Table in regulation 3(2), no part of–

(a)the motor vehicle drawing the car transporter, or

(b)the car transporter to the rear of the transverse plane passing through the king pin,

projects outside the area between concentric circles with radii of 12.5m and 5.3m.]

Connecting sections and direction-holding of articulated busesE+W+S

14.—(1) This regulation applies to every articulated bus first used on or after 1st April 1982.

(2) The connecting section of the two parts of every articulated bus to which this regulation applies shall be constructed so as to comply with the provisions relating to such a section specified in paragraph 5.9 in ECE Regulation 36 as regards vehicles within the scope of that Regulation.

(3) Every articulated bus to which this regulation applies shall be constructed so that when the vehicle is moving in a straight line the longitudinal median planes of its two parts coincide and form a continuous plane without any deflection.

BE+W+SBRAKES

Braking systems of certain vehicles first used on or after 1st April 1983E+W+S

15.—(1) Save as provided in paragraphs (2), (3) [F70except sub-paragraph (b)(ii)] and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which [F71in the case of a motor vehicle,] is first used on or after 1st April 1983 [F72or which, in the case of the trailer, is manufactured on or after 1st October 1982,] shall comply with the construction, fitting, and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive, in relation to the category of vehicles specified in that item in column 3.

[F73Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with regulations 16 and 17.]

[F77(1A) Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which [F78in the case of a motor vehicle,] is first used on or after the relevant date [F79or which, in the case of a trailer, is manufactured on or after the relevant date] shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.

[F80Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date, to comply with the said requirements instead of complying with paragraph (1), or with regulations 16 and 17.]

[F81(1B) In paragraph (1A), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle of any other class is 1st April 1989.]]

[F82(1C) Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which in the case of a motor vehicle is first used on or after 1st April 1992 or in the case of a trailer is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 88/194, and if relevant, Annexes III, IV, V, VI, VIII, X, XI, and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.

• Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle was first used before 1st April 1992 or which, in the case of a trailer, was manufactured before 1st October 1991, to comply with the said requirements instead of complying with paragraph (1) or (1A), or with regulations 16 and 17.]

(2) The requirements specified [F83paragraphs (1), (1A) and (1C)] do not apply to—

(a)an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b)a locomotive;

(c)a motor tractor;

(d)an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e)a vehicle which has a maximum speed not exceeding 25 km/h;

(f)a works trailer;

(g)a works truck;

(h)a public works vehicle;

(i)a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub-paragraph (b), (c), (e), (g) or (h) of this paragraph applies;

(j)a trailer mentioned in regulation 16(3)(b), (d), (e), (f) and (g); or

(k)a vehicle manufactured by Leyland Vehicles Limited and known as the Atlantean Bus, if first used before 1st October 1984.

(3) The requirements specified in [F83paragraphs (1), (1A) and (1C)] shall apply to the classes of vehicles specified in the Table so that—

[F84(a)in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647 and 88/194 shall apply to every vehicle specified in that item other than–

(i)a double-decked vehicle first used before 1st October 1983, or

(ii)a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647 or 88/194.]

[F85(b)in items 2 and 3–

(i)the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489; and

(ii)sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647 [F86or 88/194],

shall not apply;]

(c)in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirement in paragraph 2.1.2.1 of Annex I to [F87Community Directive 79/489] that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while [F88continuing to steer the vehicle]; and

(d)in items 1, 4, 5, 6, 7, 8, 9 and 10 the requirement specified in paragraph 1.1.4.2 of Annex II to [F87Community Directive 79/489] shall not apply to a vehicle [F89first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (1B)] if either—

(i) following a test in respect of which the fee numbered [F9026024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990 is payable], a document is issued by the Secretary of State indicating that, at the date of manufacture of the vehicle, the type to which it belongs complies with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04 [F91, 13.05 or 13.06]; or

(ii) as a result of a notifiable alteration to the vehicle, within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in sub-paragraph (i).

[F92(3A) The requirements specified in paragraph (1A) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.]

[F93(4) Instead of complying with paragraph (1) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04 [F94, 13.05 or 13.06].

[F95(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.05 or 13.06.

(5A) Instead of complying with paragraph (1C) of this regulation, a vehicle to which this regulation applies may comply—

(a)in the case of a trailer manufactured before the 1st April 1992, with ECE Regulation 13.05 or 13.06; or

(b)in the case of any vehicle not falling within sub-paragraph (a), with ECE Regulation 13.06.]

(6) In paragraph (3A) the expression “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3mu23 carried on a vehicle.

(7) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647 [F96or 88/194], the definitions of “semi-trailer”, “full trailer” and “centre-axle trailer” set out in that Directive shall apply and the meaning of “semi-trailer” in column 2 of the Table in regulation 3(2) shall not apply.]

Braking systems of vehicles to which regulation 15 does not applyE+W+S

16.—(1) Save as provided in paragraphs (2) and (3), this regulation applies to every vehicle to which regulation 15 does not apply.

(2) Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to [F97regulation 15(1), (1A) or (1C), or which complies with Community Directive 79/489, 85/647 or 88/194 or ECE Regulation 13.03, 13.04, 13.05 or 13.06].

(3) This regulation does not apply to the following vehicles, except in the case of a vehicle referred to in (a) insofar as the regulation concerns parking brakes (requirements 16 to 18 in Schedule 3)—

(a)a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

(b)a trailer which—

(i) is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;

[F98(ii) has a maximum total design axle weight that does not exceed 750 kg;]

(iii) is an agricultural trailer manufactured before 1st July 1947 drawn by a motor tractor or an agricultural motor vehicle if the trailer—

(A) has a laden weight not exceeding 4070 kg; and

(B) is the only trailer being drawn; and

(C) is drawn at a speed not exceeding 10 mph; or

(iv) is drawn by a motor cycle in accordance with regulation 84;

(c)an agricultural trailed appliance;

(d)an agricultural trailed appliance conveyor;

(e)a broken down vehicle;

(f)before 1st October 1986—

(i) a trailer with an unladen weight not exceeding 102 kg which was manufactured before 1st October 1982; and

(ii) a gritting trailer; or

(g)on or after 1st October 1986, a gritting trailer with a maximum gross weight not exceeding 2000 kg.

(4) Save as provided in paragraph (7), a vehicle of a class specified in an item in column 2 of the Table shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in Schedule 3.

Provided that wheeled agricultural motor vehicles not driven at more than 20 mph are excluded from all items other than items 21 to 23.

[F100(5) Subject to paragraphs (5B) and (6), the braking system of a motor cycle to which this regulation applies and which is—

(a)of a class specified in an item in column 2 of the Table below; and

(b)first used on or after 1st April 1987 and before 22nd May 1995;

shall comply with ECE Regulation 13.05, 78 or 78.01 in relation to the category of vehicles specified in that item in column 3.

(5A) Subject to paragraph (6), the braking system of a motor cycle to which this regulation applies and which is—

(a)of a class specified in an item in column 2 of the Table below; and

(b)first used on or after 22nd May 1995;

shall comply with ECE Regulation 78.01 in relation to the category of vehicles specified in that item in column 3.

[F101[F102(5B)] In relation to a motor cycle with two wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L125, the Cosa LX125, the Cosa 200, the Cosa 200E, the Cosa L200 or the Cosa LX200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by–

(a)the omission of paragraph 4.4 (approval marks), and

(b)in paragraph 5.3.1.1, (independent braking devices and controls), the omission of the word “independent” in the first place where it appears,

but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.]

(6) Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

(7) Instead of complying with the provisions of paragraph (4) of this Regulation an agricultural motor vehicle may comply with Community Directive 76/432.

Vacuum or pressure brake warning devicesE+W+S

17.—(1) Save as provided in paragraph (2), every motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system.

(2) The requirement specified in paragraph (1) does not apply in respect of—

(a)a vehicle to which [F103paragraph (1), (1A) or (1C)] [F104of] regulation 15 applies, or which complies with the requirements of that regulation, of [F105Community Directive 79/489, 85/647 or 88/194] or of ECE Regulation 13.03, 13.04 [F106, 13.05 or 13.06];

(b)an agricultural motor vehicle which complies with Community Directive 76/432;

(c)a vehicle with an unladen weight not exceeding 3050 kg propelled by an internal combustion engine, if the vacuum in the reservoir or reservoirs is derived directly from the induction system of the engine, and if, in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d)a vehicle first used before 1st October 1937.

Maintenance and efficiency of brakesE+W+S

18.—(1) Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

[F107(1A) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(1B) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.]

(2) Paragraph (3) applies to every wheeled motor vehicle except—

(a)an agricultural motor vehicle which is not driven at more than 20 mph;

(b)a works truck; and

(c)a pedestrian-controlled vehicle.

(3) Every vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table I shall, subject to any exemption shown for that item in column 4, be so maintained that—

(a)its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b)if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor-cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 15 or 16 to be equipped with brakes.

(4) A goods vehicle shall not be deemed to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to—

(a)if a plating certificate has been issued and is in force for the vehicle, the design gross weight shown in column (3) of that certificate or, if no such weight is so shown, the gross weight shown in column (2) of that certificate; and

(b)in any other case, the design gross weight of the vehicle.

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to gross weight and design gross weight are to be taken as references to train weight and design train weight respectively.

(5) The brakes of every agricultural motor vehicle which is first used on or after 1st June 1986 and is not driven at more than 20 mph, and of every agricultural trailer manufactured on or after 1st December 1985 shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum axle weights which the vehicle is designed to have.

(6) Every vehicle or combination of vehicles specified in an item in column 2 of Table II shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

(7) For the purpose of this regulation the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(8) A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency, to comply with regulation 15 or with [F110Community Directive 79/489, 85/647 or 88/194] or ECE Regulation 13.03, 13.04 [F111, 13.05 or 13.06].

Application of brakes of trailersE+W+S

19.  Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver [F112(or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive)] is in a position and competent efficiently to apply the brakes of the trailer.

Provided that this regulation shall not apply to a trailer which—

(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b)F113... is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

CE+W+SWHEELS, SPRINGS, TYRES AND TRACKS

General requirement as to wheels and tracksE+W+S

20.  Every motor cycle and invalid carriage shall be a wheeled vehicle, and every other motor vehicle and every trailer shall be either a wheeled vehicle or a track-laying vehicle.

Diameter of wheelsE+W+S

21.  All wheels of a wheeled vehicle which are fitted with tyres other than pneumatic tyres shall have a rim diameter of not less than 670 mm.

Provided that this regulation does not apply to—

(a) a motor vehicle first used on or before 2nd January 1933;

(b) a trailer manufactured before 1st January 1933;

(c) a wheel fitted to a motor car first used on or before 1st July 1936, if the diameter of the wheel inclusive of the tyre is not less than 670 mm;

(d) a works truck or works trailer;

(e) a refuse vehicle;

(f) a pedestrian-controlled vehicle;

(g) a mobile crane;

(h) an agricultural trailed appliance;

(i) a broken down vehicle which is being drawn by a motor vehicle in consequence of the breakdown; or

(j) an electrically propelled goods vehicle the unladen weight of which does not exceed 1270 kg.

Springs and resilient materialE+W+S

22.—(1) Save as provided in paragraphs (3) and (4), every motor vehicle and every trailer shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.

(2) Save as provided in paragraphs (3) and (4)in the case of a track-laying vehicle—

(a)resilient material shall be interposed between the rims of the weight-carrying rollers and the road surface so that the weight of the vehicle, other than that borne by any wheel, is supported by the resilient material; and

(b)where the vehicle is a heavy motor car, motor car, or trailer it shall have suitable springs between the frame of the vehicle and the weight-carrying rollers.

(3) This regulation does not apply to—

(a)a wheeled vehicle with an unladen weight not exceeding 4070 kg and which is—

(i) a motor tractor any unsprung wheel of which is fitted with a pneumatic tyre;

(ii) a motor tractor used in connection with railway shunting and which is used on a road only when passing from one railway track to another in connection with such use;

(iii) a vehicle specially designed, and mainly used, for work on rough ground or unmade roads and every wheel of which is fitted with a pneumatic tyre and which is not driven at more than 20 mph;

(iv) a vehicle constructed or adapted for, and being used for, road sweeping and every wheel of which is fitted with either a pneumatic tyre or a resilient tyre and which is not driven at more than 20 mph;

(b)an agricultural motor vehicle which is not driven at more than 20 mph;

(c)an agricultural trailer, or an agricultural trailed appliance;

(d)a trailer used solely for the haulage of felled trees;

(e)a motor cycle;

(f)a mobile crane;

(g)a pedestrian-controlled vehicle all the wheels of which are equipped with pneumatic tyres;

(h)a road roller;

(i)a broken down vehicle; or

(j)a vehicle first used on or before 1st January 1932.

(4) Paragraphs (1) and (2)(b) do not apply to a works truck or a works trailer.

Wheel loadsE+W+S

23.—(1) Subject to paragraph (2) this regulation applies to—

(a)a semi-trailer with more than 2 wheels;

(b)a track-laying vehicle with more than 2 wheels; and

(c)any other vehicle with more than 4 wheels.

(2) This regulation does not apply to a road roller.

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be fitted with a compensating arrangement which will ensure that under the most adverse conditions every wheel will remain in contact with the road and will not be subject to abnormal variations of load.

(4) Paragraph (3) does not apply in respect of a steerable wheel on which the load does not exceed—

(a)if it is a wheeled vehicle, 3560 kg; and

(b)if it is a track-laying vehicle, 2540 kg.

(5) In the application of paragraph (3) to an agricultural motor vehicle, wheels which are in line transversely on one side of the longitudinal axis of the vehicle shall be regarded as one wheel.

TyresE+W+S

24.—(1) Save as provided in paragraph (2), every wheel of a vehicle of a class specified in an item in column 2 of the Table shall be fitted with a tyre of a type specified in that item in column 3 which complies with any conditions specified in that item in column 4.

(2) The requirements referred to in paragraph (1) do not apply to a road roller and are subject, in the case of any item in the Table, to the exemptions specified in that item in column 5.

(3) Save as provided in paragraph (4) a wheel of a vehicle may not be fitted with a temporary use spare tyre unless either—

(a)the vehicle is a passenger vehicle (not being a bus) first used before 1st April 1987; or

(b)the vehicle complies at the time of its first use with ECE Regulation 64 [F114or Community Directive 92/23].

(4) Paragraph (3) does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

Tyre Loads and Speed RatingsE+W+S

[F11525.—(1) Save as provided in [F116paragraphs (3), (4), and (7A)] any tyre fitted to the axle of a vehicle–

(a)which is a class of vehicle specified in an item in column 2 of Table I; and

(b)in relation to which the date of first use is as specified in that item in column 3 of that Table;

shall comply with the requirements specified in that item in column 4 of that Table.

[F118(2) The classes of vehicle referred to in item 3 in column 2 of Table I are–

(a)engineering plant;

(b)track-laying vehicles;

(c)vehicles equipped with tyres of speed category Q;

(d)works trucks; and

(e)motor vehicles with a maximum speed not exceeding 30 mph, not being vehicles of a class specified in–

(i)items 2 and 3 of Table II; or

(ii)paragraph (7A) or sub-paragraphs (a) to (d) of this paragraph;

• or trailers while being drawn by such vehicles.]

(3) Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is–

(a)broken down or proceeding to a place where it is to be broken up; and

(b)being drawn by a motor vehicle at a speed not exceeding 20 mph.

(4) Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that tyre is fitted to an axle of that vehicle, [F119paragraph (7) shall not apply to that tyre while it is being used for those purposes.]

(5) The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.

(6) The requirements of this paragraph are that the tyre shall be designed and [F120manufactured] adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table II in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).

(7) The requirement of this paragraph is that the tyre when first fitted to the vehicle [F131was marked with a designated approval mark or] complied with the requirements of [F132ECE Regulation 30, 30.01, 30.02] or 54, but this requirement shall not apply to a retreaded tyre.

[F133(7A) The requirements of paragraphs (6) and (7) shall not apply to a vehicle of a class specified in an item in column 2 of Table III while it is being driven or drawn at a speed not exceeding that specified in that item in column 3 of that Table.

(8) A vehicle of a class described in column 2 in Table II first used on or after 1st April 1991 shall not be used on a road–

(a)in the case where there is no entry in column 4 specifying a variation to the [F134load-capacity index] expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the [F134load-capacity index]; or

(b)in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the [F134load-capacity index] expressed as a percentage.

(9) In this regulation–

[F135“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 33 in Schedule 4 to those Regulations (that item being a marking relating to Community Directive 92/23);]

“dual wheels” means two or more wheels which are to be regarded as one wheel by virtue of paragraph 7 of regulation 3 in the circumstances specified in that paragraph;

“load-capacity index” has the same meaning as in [F136paragraph 2.28 of Annex II to Community Directive 92/23 or] paragraph 2.29 of ECE Regulation 30.02 or [F137paragraph 2.27] of ECE Regulation 54;

“local service bus” means a bus being used in the provision of a local service as defined in section 2 of the Transport Act 1985;

“municipal vehicle” means a motor vehicle or trailer limited at all times to use by a local authority, or a person acting in pursuance of a contract with a local authority, for road cleansing, road watering or the collection and disposal of refuse, night soil or the contents of cesspools, or the purposes of the enactments relating to weights and measures or the sale of food and drugs;

“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within a radius of 25 miles from the permanent base at which it is normally kept;

“single wheels” means wheels which are not dual wheels; and

“speed category” has the same meaning as in [F138paragraph 2.29 of Annex II to Community Directive 92/23 or] [F139paragraph 2.28] of ECE Regulation 54.

[F140(9A) For the purposes of this regulation, a tyre is a “relevant car tyre” if—

(a)it has been marked with a designated approval mark, and

(b)the first two digits of the approval number comprised in the mark are “02”.

(9B) For the purposes of this regulation, a tyre is a “relevant commercial vehicle tyre” if—

(a)it has been marked with a designated approval mark, and

(b)the first two digits of the approval number comprised in the mark are “00”.]

(10) In this regulation any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.]

Mixing of tyresE+W+S

26.—(1) Save as provided in paragraph (5) pneumatic tyres of different types of structure shall not be fitted to the same axle of a wheeled vehicle.

(2) Save as provided in paragraphs (3) or (5), a wheeled motor vehicle having only two axles each of which is equipped with one or two single wheels shall not be fitted with—

(a)a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply tyre is fitted on its front axle; or

(b)a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

(3) Paragraph (2) does not apply to a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant or to a vehicle which has a maximum speed not exceeding 30 mph.

(4) Save as provided in paragraph (5) pneumatic tyres fitted to—

(a)the steerable axles of a wheeled vehicle; [F141or]

(b)the driven axles of a wheeled vehicle, not being steerable axles,

shall all be of the same type of structure.

(5) Paragraphs (1), (2), and (4) do not prohibit the fitting of a temporary use spare tyre to a wheel of a passenger vehicle (not being a bus) unless it is driven at a speed exceeding 50 mph.

(6) In this regulation—

“axle” includes—

“a bias-belted tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, and are constrained by a circumferential belt comprising two or more layers of substantially inextensible cord material laid at alternate angles smaller than those of the ply cord structure;

“a diagonal-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, but not being a bias-belted tyre;

“a driven axle” means an axle through which power is transmitted from the engine of a vehicle to the wheels on that axle;

“a radial-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at an angle of substantially 90 degrees to the peripheral line of the tread, the ply cord structure being stabilised by a substantially inextensible circumferential belt;

“stub axle” means an axle on which only one wheel is mounted; and

“type of structure”, in relation to a tyre, means a type of structure of a tyre of a kind defined in the foregoing provisions of this paragraph.

Condition and maintenance of tyresE+W+S

27.—(1) Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if—

(a)the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b)the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c)the tyre has a cut in excess of 25 mm or 10% of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;

(d)the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;

(e)the tyre has any of the ply or cord exposed;

(f)the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;

(g)either—

(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or

(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; or

(h)the tyre is not maintained in such condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in the vehicle or to other persons using the road.

(2) Paragraph (1) does not prohibit the use on a road of a motor vehicle or trailer by reason only of the fact that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which has any of the defects described in sub-paragraph (c), (d) or (e) of paragraph (1), if the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the motor vehicle or trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

(3) Paragraph (1)(a) does not prohibit the use on a road of a passenger vehicle (not being a bus) by reason only of the fact that a wheel of the vehicle is fitted with a temporary use spare tyre, unless the vehicle is driven at a speed exceeding 50 mph.

(4) (a) Nothing in paragraph (1)(a) to (g) applies to—

(i) an agricultural motor vehicle that is not driven at more than 20 mph;

(ii) an agricultural trailer;

(iii) an agricultural trailed appliance; or

(iv) a broken down vehicle or a vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a motor vehicle at a speed not exceeding 20 mph.

(b)Nothing in paragraph (1)(f) and (g) applies to—

(i) a three-wheeled motor cycle the unladen weight of which does not exceed 102 kg and which has a maximum speed of 12 mph; or

(ii) a pedestrian-controlled works truck.

(c)Nothing in paragraph (1)(g) applies to a motorcycle with an engine capacity which does not exceed 50 cc.

[F142(d)With effect from 1st January 1992, paragraph 1(f) and (g) shall not apply to the vehicles specified in sub-paragraph (e) of this paragraph but such vehicles shall comply with the requirements specified in sub-paragraph (f) of this paragraph.

(e)The vehicles mentioned in sub-paragraph (d) are–

(i)passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver;

(ii)goods vehicles with a maximum gross weight which [F143does] not exceed 3500 kg; and

(iii)light trailers not falling within sub-paragraph (ii);

first used on or after 3rd January 1933.

(f)The requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band [F144comprising] the central three-quarters of the breadth of tread and round the entire outer circumference of the tyre.]

(5) A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle or trailer if—

(a)its ply or cord has been cut or exposed by the recutting process; or

(b)it has been wholly or partially recut in a pattern other than the manufacturer's recut tread pattern.

(6) (a) In this regulation—

“breadth of tread” means the breadth of that part of the tyre which can contact the road under normal conditions of use measured at 90 degrees to the peripheral line of the tread;

“original tread pattern” means in the case of—

• a re-treaded tyre, the tread pattern of the tyre immediately after the tyre was re-treaded;

• a wholly recut tyre, the manufacturer's recut tread pattern;

• a partially recut tyre, on that part of the tyre which has been recut, the manufacturer's recut tread pattern, and on the other part, the tread pattern of the tyre when new, and

• any other tyre, the tread pattern of the tyre when the tyre was new.

“tie-bar” means any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of such tread pattern;

“tread pattern” means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any—

“tread wear indicator” means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between two or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern.

(b)The references in [F145this regulation] to grooves are references—

• if a tyre has been recut, to the grooves of the manufacturer's recut tread pattern; and

• if a tyre has not been recut, to the grooves which showed when the tyre was new.

[F146(c)A reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.]

TracksE+W+S

28.—(1) Every part of every track of a track-laying vehicle which comes into contact with the road shall be flat and have a width of not less than 12.5 mm.

(2) The area of the track which is in contact with the road shall not at any time be less than 225 cm² in respect of every 1000 kg of the total weight which is transferred to the road by the tracks.

(3) The tracks of a vehicle shall not have any defect which might damage the road or cause danger to any person on or in the vehicle or using the road, and shall be properly adjusted and maintained in good and efficient working order.

DE+W+SSTEERING

Maintenance of steering gearE+W+S

29.  All steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.

EE+W+SVISION

View to the frontE+W+S

30.—(1)  Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.E+W+S

(2)  Instead of complying with the requirement of paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643 [F147, 88/366, 90/630] or, in the case of an agricultural motor vehicle, 79/1073.

(3)  All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

GlassE+W+S

31.—(1)  This regulation applies to a motor vehicle which is—E+W+S

(a) a wheeled vehicle, not being a caravan, first used before 1st June 1978;

(b) a caravan first used before 1st September 1978; or

(c) a track-laying vehicle.

(2)  The glass fitted to any window specified in an item in column 3 of the Table of a vehicle of a class specified in that item in column 2 shall be safety glass.

(3)  For the purposes of this regulation any windscreen or window at the front of the vehicle the inner surface of which is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

[F148(4) In this regulation and in regulation 32–

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and

[F149“designated approval mark” means the marking designated as an approval mark by Regulation 5 of the Approval Marks Regulations and shown at item 31 or 32 in Schedule 4 to those Regulations (those items being markings relating to Community Directive 92/22); and]

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.]

[F150(5) Paragraph (2) does not apply to glass which is legibly and permanently marked with a designated approval mark.]

32.—(1)  This regulation applies to—E+W+S

(a) a caravan first used on or after 1st September 1978, and

(b) a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2)  Save as provided in paragraphs (3) to (9) the windows specified in column 2 of Table I in relation to a vehicle of a class specified in that column shall be constructed of the material specified in column 3 of that Table.

(3)  The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4)  The windscreens of motorcycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5)  Any windscreens or other windows which are wholly or partly in front of or on either side of the driver's seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken, shall—

(a) be constructed of safety glazing; and

(b) be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6)  Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7)  Windows being—

(a) windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (other than agricultural motor vehicles first used on or after 1st June 1986 and driven at more than 20 mph) which are wholly or partly in front of or on either side of the driver's seat;

(b) windows of the upper deck of a double-decked bus; or

(c) windows in the roof of a vehicle,

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(8)  In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9)  No requirement in this regulation that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall apply to a windscreen or other window which is—

(a) manufactured in France;

(b) marked with a marking consisting of the letters “TP GS” or “TP GS E”; and

(c) fitted to a vehicle first used before 1st October 1986.

(10)  Save as provided in paragraph (11), the windscreens or other windows constructed in accordance with the foregoing provisions of this regulation of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table II in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure specified in a document specified in relation to those windows in column 5.

(11)  Paragraph (10) does not apply to—

(a) any part of any windscreen which is outside the vision reference zone;

(b) windows through which the driver when in the driver's seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c) windows in any motor ambulance which are not wholly or partly in front of or on either side of any part of the driver's seat; or

(d) windows in any bus, goods vehicle, locomotive, or motor tractor other than windows which—

(i) are wholly or partly in front of or on either side of any part of the driver's seat;

(ii)face the rear of the vehicle; or

(iii)form the whole or part of a door giving access to or from the exterior of the vehicle.

(12)  For the purposes of this regulation any window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

[F151(12A) Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(12B) Paragraph (10) does not apply to a window if—

(a)it is a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b)it is not a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark.

(12C) This paragraph applies to a side or rear window if—

(a)any part of it is on either side of or forward of the driver’s seat; or

(b)any part of it is within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by regulation 33 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by regulation 33 if, were it to be removed, the vehicle would nevertheless meet the requirements of regulation 33.]

(13)  In this regulation, unless the context otherwise requires—

“British Standard Specification No. 857” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088;

“British Standard Specification No. 5282” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185;

“British Standard Specification BS AU 178” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178;

F152...

F152...

[F153“designated approval mark” means—

“safety glazing” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts;

“security vehicle” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either—

“specified safety glass” means glass complying with the requirements of either—

“specified safety glass (1980)” means glass complying with the requirements of either—

“vision reference zone” means either—

“windscreen” includes a windshield;

MirrorsE+W+S

33.—(1)  Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors, if any, as are specified in that item in column 3; and any mirror which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in column 4.E+W+S

(2)  Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 6 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3)  Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 7 or 8 of the Table which is first used on or after 1st April 1969 the edges of any mirror fitted internally shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.

(4)  Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 5, or within item 6, of the Table—

(a) each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;

(b) each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c) where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d) each interior mirror shall be capable of being adjusted by the driver when in his driving position; and

(e) except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver's side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

[F159(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—

(a)if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01];

(b)if it is a goods vehicle first used on or after 1st August 1989—

(i)in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01]; and

(ii)in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01];

(c)if it is an agricultural motor vehicle with Community Directive 71/127, 74/346, 79/795, 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01];

(d)if it is a two-wheeled motor cycle with or without a side-car with Community Directive 71/127, 79/795, 80/780, 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01]; and

(e)if it is any other vehicle with Community Directive 71/127, 79/795, 85/205 [F160, 86/562 or 88/321 or ECE Regulation 46.01].]

(6)  Instead of complying with the provisions of column 4 in items 3, 5 or 6 of the Table a mirror may comply with the requirements as to construction and testing set out either in Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6, or in Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6.

(7)  In this regulation “mirror” means a mirror to assist the driver of a vehicle to become aware of traffic—

(i)if it is an internal mirror, to the rear of the vehicle; and

(ii)if it is an external mirror fitted on one side of the vehicle, rearwards on that side of the vehicle.

In the case of an agricultural motor vehicle or a vehicle described in items 2 or 6 in the Table when drawing a trailer, the references to a vehicle in sub-paragraphs (i) and (ii) include references to the trailer so drawn.