The Road Vehicles (Construction and Use) Regulations 1986

KE+W+SCONTROL OF EMISSIONS

[F1Silencers-general]E+W+S

54.—(1) Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.

(2) Every exhaust system and silencer shall be maintained in good and efficient working order and [F2shall not after the date of manufacture be altered] so as to increase the noise made by the escape of exhaust gases.

(3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372 or 84/424 or, in the case of a motor cycle other than a moped, 78/1015.

(4) In this regulation “moped” has the meaning given to it in paragraph (5) of Schedule 9.

Noise limits—generalE+W+S

55.—(1) Save as provided in paragraph (2) and regulation 59, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—

(a)a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b)a vehicle not falling within sub-paragraph (c) which is—

(i) engineering plant;

(ii) a locomotive other than an agricultural motor vehicle;

(iii) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(iv) a public works vehicle;

(v) a works truck; or

(vi) a refuse vehicle; or

(c)a vehicle which—

(i) has a compression ignition engine;

(ii) is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and

(iii) falls within category I.1.1., I.1.2, or I.1.3 specified in Article 1 of Community Directive 77/212.

(2) This regulation does not apply to—

(a)a motorcycle with a sidecar attached;

(b)an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c)an industrial tractor;

(d)a road roller;

(e)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(f)a vehicle which runs on rails; or

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

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table; a vehicle complies with those requirements if—

(a)its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and

(b)in the case of a vehicle referred to in paragraph 1(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or 1(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

(4) Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(5) Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph 1(b) unless it is first used on or after 1st April 1991.

(6) The apparatus prescribed for the purposes of paragraph 3(a) and [F3regulation 56(2)(a) and Schedule 7A] is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type 0 or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969:1981 which came into effect on 29th May 1981.

(7) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 or 84/424.

Noise limits—agricultural motor vehicles and industrial tractorsE+W+S

56.—(1) Save as provided in regulation 59, this regulation applies to every wheeled vehicle first used on or after 1st April 1983 being an agricultural motor vehicle or an industrial tractor, other than—

(a)an agricultural motor vehicle which is first used on or after 1st June 1986 and which is driven at more than 20 mph; or

(b)a road roller.

(2) Every vehicle to which this regulation applies shall be so constructed—

(a)that its sound level does not exceed—

(i) if it is a vehicle with engine power of less than 65kW, 89 dB(A);

(ii) if it is a vehicle with engine power of 65kW or more, and first used before 1st October 1991, 92 dB(A); or

(iii) if it is a vehicle with engine power of 65kW or more, and first used on or after 1st October 1991, 89 dB(A),

when measured under the conditions specified in paragraph I.3 of Annex VI of Community Directive 74/151 by the method specified in paragraph I.4.1 of that Annex using the apparatus prescribed in regulation 55(6); and

(b)that the device designed to reduce the exhaust noise meets the requirements specified in paragraph II.1 of that Annex and, if fibrous absorbent material is used, the requirements specified in paragraphs II.4.1 to II.4.3 of that Annex.

[F4Noise limits construction requirements relating to motor cyclesE+W+S

57.—(1) Subject to regulation 59, this regulation applies to every motor vehicle first used on or after 1st April 1983 which is—

(a)a moped; or

(b)a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(2) A vehicle to which this regulation applies shall be so constructed that it meets,—

(a)if it is first used before 1st April 1991, the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;

(b)if it is first used on or after that date, the requirements of item 2 of that Table.

(3) Instead of complying with paragraph (2), a vehicle first used before 1st April 1991 may comply at the time of its first use with Community Directive 78/1015, 87/56 or 89/235.

(4) Instead of complying with paragraph (2), a vehicle first used on or after 1st April 1991 may comply at the time of its first use with Community Directive 87/56 or 89/235.

(5) In this regulation “moped” has the meaning given to it in paragraph 5 of Schedule 9.]

[F4Exhaust systems motor cyclesE+W+S

57A.—(1) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used before 1st February 1996, shall—

(a)be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 and be marked in accordance with sub-paragraph 3.3 of that Annex; or

(b)be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(2) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used on or after 1st February 1996, shall be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(3) A vehicle fitted with an original silencer may,—

(a)if the vehicle is first used before 1st February 1996, instead of complying with paragraph (1), comply at the time of first use with Community Directive 78/1015, 87/56 or 89/235; or

(b)if the vehicle is first used on or after that date, instead of complying with paragraph (2), comply at the time of first use with Community Directive 89/235.

(4) Where any replacement silencer forms part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used on or after 1st January 1985, the first requirement or the second requirement as set out below must be met in respect of the silencer.

(5) In order for the first requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in this paragraph referred to as “the vehicle in question”),—

(a)if the vehicle in question is first used before 1st April 1991, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 1 or 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(b)if the vehicle in question is first used on or after the 1st April 1991 but before 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(c)if the vehicle in question is first used on or after 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet—

(i)the requirements of item 3 of the Table in Part I of Schedule 7A; and

(ii)the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to that Directive.

(6) In order for the second requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in Part II of Schedule 7A referred to as “the vehicle in question”),—

(a)if the vehicle is first used before 1st April 1991, the silencer must meet the requirements of paragraph 2, 3 or 4 of Part II of Schedule 7A; or

(b)if the vehicle is first used on or after that date, the silencer must meet the requirements of paragraph 4 of Part II of Schedule 7A.

(7) Any requirements specified in paragraph (5) or in Part II of Schedule 7A relating to the silencer were it to be fitted to an unused vehicle of the same model as the vehicle in question (as defined in that paragraph or in paragraph (6) for the purposes of that Part, as the case may be) shall be deemed to be met if they are met by the silencer as fitted to the vehicle in question at the time that it is first fitted.

(8) For the purposes of this regulation, Community Directive 89/235 shall have effect as if—

(a)in Annex I, for sub-paragraph 3.4.1, there were substituted—

“3.4.1. After removal of the fibrous material, the vehicle must meet the relevant requirements.”; and

• for sub-paragraph 3.4.3 there were substituted—

  “3.4.3. After the exhaust system has been put into a normal state for road use by one of the following conditioning methods, the vehicle must meet the relevant requirements:”;

(b)references in Annex I as so modified to a vehicle meeting the relevant requirements were,—

(i)in relation to an original silencer, references to a vehicle meeting the requirements of item 2 of the Table in Part I of Schedule 7A; and

(ii)in relation to a replacement silencer, references to a vehicle meeting the requirements of item 3 of that Table;

(c)in Annex II there were omitted sub-paragraphs 3.1.2, 3.4 and 3.5 and in sub-paragraph 3.2—

(i)the words “and the name referred to in 3.1.2”, and

(ii)the words after “legible”.

(9) In relation to a replacement silencer which is—

(a)fitted to a vehicle before 1st February 1997; and

(b)clearly and indelibly marked with the name or trade mark of the manufacturer of the silencer and with that manufacturer’s part number relating to it,

paragraphs (5) and (6) of this regulation and Parts II and III of Schedule 7A shall have effect as if they contained no reference to a silencer being marked.

(10) For the purposes of this regulation, a silencer forming part of the exhaust system ofa vehicle shall not be regarded as being marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235, paragraph (9) of this regulation or any paragraph of Part II of Schedule 7A if the marking is so obscured by any part of the vehicle that it cannot easily be read.

(11) Until 1st February 1996, for the purposes of paragraph (6), a vehicle first used on or after 1st April 1991 shall be treated as a vehicle first used before 1st April 1991.

(12) Part III of Schedule 7A shall have effect for the purpose of exempting certain silencers from the provisions of paragraph (4).

(13) No person shall use a motor cycle on a road or cause or permit such a vehicle to be so used if any part of the exhaust system has been indelibly marked by the manufacturer of that part with the words “NOT FOR ROAD USE”or words to that effect.

(14) In this regulation—

“original silencer”, in relation to a vehicle, means a silencer which was fitted to the vehicle when it was manufactured;

• “replacement silencer”, in relation to a vehicle, means a silencer fitted to the vehicle, not being an original silencer; and

• “trade mark” has the same meaning as in the Trade Marks Act 1938.]

[F4Noise limits maintenance requirements relating to motor cyclesE+W+S

57B.—(1) No person shall use or cause or permit to be used on a road a motor cycle to which regulation 57 applies if the three conditions specified below are all fulfilled.

(2) The first condition is fulfilled if the vehicle does not meet the noise limit requirements.

(3) The second condition is fulfilled if—

(a)any part of the vehicle is not in good and efficient working order, or

(b)the vehicle has been altered.

(4) The third condition is fulfilled if the noise made by the vehicle would have been materially less (so far as applicable)—

(a)were all parts of the vehicle in good and efficient working order, or

(b)had the vehicle not been altered.

(5) For the purposes of this regulation, a vehicle meets the noise limit requirements if,—

(a)in the case of a vehicle first used before 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;

(b)in the case of a vehicle first used before 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 1 or 3 of that Table;

(c)in the case of a vehicle first used on or after 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 2 of that Table;

(d)in the case of a vehicle first used on or after 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 3 of that Table.

(6) In this regulation, “replacement silencer” has the same meaning as in regulation 57A.]

Noise limits—vehicles not subject to regulations 55 to 57, first used on or after 1st April 1970E+W+S

58.—(1) Save as provided in paragraph (2) and in regulation 59, every wheeled motor vehicle which was first used on or after 1st April 1970 and which is not subject to regulations 55, 56 or 57 shall be so constructed that the sound level (A weighting) in decibels does not exceed the maximum permitted level shown in column 2 of the Table for the relevant class of vehicle shown in column 1, when the noise emitted by it is measured under the specified conditions using the prescribed apparatus.

(2) A vehicle to which this regulation applies is not required to comply with paragraph (1) if at the time of its first use it complied with Community Directive 70/157, 73/350 or 77/212 or, in the case of an agricultural motor vehicle, 74/151, or if it is—

(a)a road roller;

(b)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(c)a vehicle propelled by a compression ignition engine and which is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations;

(d)a motorcycle first used on or after 1st October 1980, with an engine capacity not exceeding 50 cc which complies with the requirements [F5of item 1 or 2 of the Table in Part I of Schedule 7A]; or

(e)an agricultural motor vehicle manufactured on or after 7th February 1975 which complies with the requirements specified in regulation 56(2).

(3) The definition of sound level (A weighting) in decibels contained in clause 2 of the British Standard Specification for Sound Level Meters published by the British Standards Institution on 7th September 1962 under the number BS 3539: 1962, as amended by Amendment Slip No. 1, numbered AMD22 and published on 1st July 1968, applies for the purposes of this regulation.

(4) In this regulation, “the specified conditions” means the method described by the British Standard Method for the Measurement of Noise Emitted by Motor Vehicles published on 24th June 1966 under the number BS 3425:1966.

(5) In this regulation “the prescribed apparatus” means a noise meter—

(a)which is in good working order and complies with the requirements laid down for vehicle noise meters in Part I of the said British Standard Specification numbered BS 3539:1962, as amended by the said Amendment Slip No. 1;

(b) which has, not more than 12 months before the date of the measurement made in accordance with paragraph (1), undergone all the tests for checking calibration applicable in accordance with the Appendix to the said British Standard Specification; and

(c) in respect of which there has been issued by the National Physical Laboratory, the British Standards Institution or the Secretary of State a certificate recording the date on which as a result of those tests the meter was found to comply with the requirements of clauses 8 and 9 of the said British Standard Specification.

Exceptions to regulations 55 to 58E+W+S

59.  Regulations 55, 56, [F657, 57A, 57B] and 58 do not apply to a motor vehicle which is—

(a)proceeding to a place where, by previous arrangement—

(i)noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it; or

(ii) the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or

(b)returning from such a place immediately after the noise has been so measured.

Radio interference suppressionE+W+S

60.—(1) Save as provided in paragraph (2), every wheeled motor vehicle first used on or after 1st April 1974 which is propelled by a spark ignition engine shall comply at the time of its first use with Community Directive 72/245 or ECE Regulation 10 or 10.01 or, in the case of an agricultural motor vehicle, Community Directive 75/322.1

(2) This regulation 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, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973.

Emission of smoke, vapour, gases, oily substances etcE+W+S

61.—(1) Subject to paragraph (4), every vehicle shall be constructed [F7and maintained] so as not to emit any avoidable smoke or avoidable visible vapour.

(2) Every motor vehicle using solid fuel shall be fitted with—

(a)a tray or shield to prevent ashes and cinders from falling onto the road; and

(b)an efficient appliance to prevent any emission of sparks or grit.

(3) Subject to paragraph (4) and to the exemptions specified in an item in column 4 of [F8Table I], every wheeled vehicle of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.

[F9(3A) A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.]

[F10(3B) Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.

(3C) Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.]

(4) [F11For the purposes of paragraphs (3B) and (3C), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying]—

(a)if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or

[F12(b)if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.]

(5) No person shall use, or cause or permit to be used, on a road any motor vehicle—

(a)from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any person who is, or who may reasonably be expected to be, on the road;

(b)which is subject to the requirement in item 2 of [F8Table I] (whether or not it is deemed to comply with that requirement by virtue of paragraph (4)), if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or

(c)which is subject to the requirement in item 1 of the Table if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(6) No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of [F8Table I] applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

[F13(7) Subject to paragraphs [F14(7A),] [F15(7B), (7C), (7D),] [F16(7E), (7F), (7G), (7H),] (8), (9) and (10), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisfied in respect to it–

(a)the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,

(b)[F17neither would those requirements] be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle, and

(c)the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.

[F18(7A) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval (Great Britain) Regulations applies, item 8 of Table II shall have effect as if for the entry in column (3) there were substituted “31st December 1993”.]

[F19(7B) In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.

(7C) In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.

(7D) For the purposes of paragraph (7C) above, in relation to a vehicle (“the vehicle in question”),—

(a)“specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both—

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

(ii)registered under the Vehicles (Excise) Act 1971 during the period beginning with 1st October 1992 and ending with 30th September 1993;

or 50 whichever is the greater; and

(b)“a relevant vehicle” is a vehicle [F20to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies and] which—

F21(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993;

(iii)was in the territory of a member State at some time before 1st October 1993;

(iv)was in existence on 1st October 1993; but

(v)had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993.]

[F22(7E) In relation to a vehicle to which either Part IV of Schedule 1B of the Type Approval (Great Britain) Regulations or Part IV of the Type Approval for Goods Vehicles Regulations applies, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1995”.

(7F) In relation to a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1995”.

(7G) For the purposes of paragraph (7F) above, in relation to a vehicle (“the vehicle in question”),—

(a)“specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies that were both—

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

(ii)registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 during the period beginning with 1st October 1993 and ending with 30th September 1994;

or 50 whichever is the greater; and

(b)a “relevant vehicle” is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations apply and which—

(i)was manufactured by the manufacturer of the vehicle in question on or after 1st August 1992 and before 1st August 1994;

(ii)was in the territory of an EEA State at some time before 1st October 1994;

(iii)was in existence on 1st October 1994; but

(iv)had not been registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 before 1st October 1994.

(7H) In paragraph (7G) above—

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.]

(8) Paragraph (7) shall not apply to a vehicle first used before 26th June 1990.

(9) Where–

(a)a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (7),

(b)the vehicle does not comply with the requirements specified in that paragraph in respect to it, and

(c)the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle,

nothing in paragraph (7) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.

[F23(10) Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, the date on which it is first used shall, for the purposes of paragraphs (3A), (7), (8) and (9), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.

However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.]

[F24(10A) Without prejudice to paragraphs (1) and (7) no person shall use, or cause or permit to be used on a road, a vehicle first used on or after the I August 1975 and propelled by a four-stroke spark ignition engine, unless the vehicle is in such a condition that, when the engine is idling—

(a)the carbon monoxide content of the exhaust emissions from the engine does not exceed—

(i)in the case of a vehicle first used on or after 1 August 1983, 4.5% or

(ii)in any other case, 6%;

of the total exhaust emissions from the engine by volume; and

(b)the hydrocarbon content of those emissions does not exceed 0. 12% of the total exhaust emissions from the engine by volume.

(10B) Paragraph (10A) does not apply to—

(a)a vehicle if at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b)a vehicle being driven to a place where it is to undergo repairs;

(c)a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description;

(d)an exempt vehicle within the meaning given by paragraph (12)(a) above;

(e)a goods vehicle with a maximum gross weight exceeding 3,500 kg;

(f)engineering plant, an industrial tractor, or a works truck; F25...

F26(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F27or

(h)a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine”, in relation to a vehicle, means the engine by which it is propelled.]]

[F28(10C) For the purposes of this regulation—

(a)any rotary piston engine shall be deemed to be a four-stroke engine; and

(b)“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.]

(11) In this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which–

(a)is of a class specified in that item in column (2) of that Table,

(b)is first used on or after the date specified in that item in column (3) of that Table, and

(c)is not exempted by the entry in that item in column (5) of that Table.

[F29and for the purposes of determining whether a vehicle is a vehicle to which item 8, 9 [F30, 10 or 11] in that Table applies, regulation 4(2) shall be disregarded]

(12) In Table II–

(a)“exempt vehicle” means–

(i)a vehicle with less than 4 wheels,

(ii)a vehicle with a maximum gross weight of less than 400 kg,

(iii)a vehicle with a maximum speed of less than 25 km/h, or

(iv)an agricultural motor vehicle;

(b)“direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combusion chamber.

(c)“indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber.

(d)a reference in column (5) to a vehicle complying with an item is a reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).]

Closets etcE+W+S

62.—(1) No wheeled vehicle first used after 15th January 1931 shall be equipped with any closet or urinal which can discharge directly on to a road.

(2) Every tank into which a closet or urinal with which a vehicle is equipped empties, and every closet or urinal which does not empty into a tank, shall contain chemicals which are non-inflammable and non-irritant and provide an efficient germicide.

WingsE+W+S

63.—(1) Save as provided in paragraph (4), this regulation applies to—

(a)invalid carriages;

(b)heavy motor cars, motor cars and motor cycles, not being agricultural motor vehicles or pedestrian-controlled vehicles;

(c)agricultural motor vehicles driven at more than 20 mph; and

(d)trailers.

(2) Subject to paragraphs (3) and (5), every vehicle to which this regulation applies shall be equipped with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of its wheels or tracks.

(3) The requirements specified in paragraph (2) apply, in the case of a trailer with more than two wheels, only in respect of the rearmost two wheels.

(4) Those requirements do not apply in respect of—

(a)a works truck;

(b)a living van;

(c)a water cart;

(d)an agricultural trailer drawn by a motor vehicle which is not driven at a speed in excess of 20 mph;

(e)an agricultural trailed appliance;

(f)an agricultural trailed appliance conveyor;

(g)a broken down vehicle;

(h)a heavy motor car, motor car or trailer in an unfinished condition which is proceeding to a workshop for completion;

(i)a trailer used for or in connection with the carriage of round timber and the rear wheels of any heavy motor car or motor car drawing a semi-trailer so used; or

(j)a trailer drawn by a motor vehicle the maximum speed of which is restricted to 20 mph or less under Schedule 6 to the 1984 Act.

(5) Instead of complying with paragraph (2) a vehicle may comply with Community Directive 78/549.

Spray suppression devicesE+W+S

64.—(1) Save as provided in paragraph (2), this regulation applies to every wheeled goods vehicle which is—

(a)a motor vehicle first used on or after 1st April 1986 having a maximum gross weight exceeding 12,000 kg;

(b)a trailer manufactured on or after 1st May 1985 having a maximum gross weight exceeding 3500 kg; or

(c)a trailer, whenever manufactured, having a maximum gross weight exceeding 16,000 kg and 2 or more axles.

(2) This regulation does not apply to—

(a)a motor vehicle so constructed that the driving power of its engine is, or can by use of its controls be, transmitted to all the wheels on at least one front axle and on at least one rear axle;

(b)a motor vehicle of which no part which lies within the specified area is less than 400 mm vertically above the ground when the vehicle is standing on reasonably flat ground;

(c)a works truck;

(d)a works trailer;

(e)a broken down vehicle;

(f)a motor vehicle which has a maximum speed not exceeding 30 mph;

(g)a vehicle of a kind specified in sub-paragraphs (b), (c), (d), (e), (f), (g), (h), (j), (k), (o) or (p) of regulation 51(2);

(h)a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete; or

(i)a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with the requirements specified in paragraph (3).

[F36(2A) This regulation shall not apply to a vehicle fitted with a spray-suppression system in accordance with the requirements of Annex III of Community Directive 91/226(3) if the spray suppression devices with which the vehicle is equipped are legibly and permanently marked with a designated approval mark.]

(3) A vehicle to which this regulation applies and which is of a class specified in an item in column 2 of the Table shall not be used on a road on or after the date specified in column 3 in that item, unless it is fitted in relation to the wheels on each of its axles, with such containment devices as satisfy the technical requirements and other provisions about containment devices specified in the British Standard Specification, provided that in the case of a containment device fitted before 1st January 1985 the said requirements shall be deemed to be complied with if that containment device substantially conforms to those requirements.

(4) In this regulation—

[F37“the British Standard Specification” means—

[F38“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 30 in Schedule 4 to those Regulations;]

“the original Specification” means the British Standard Specification for Spray Reducing Devices for Heavy Goods Vehicles published under the reference BS AU 200: Part 1: 1984 and BS AU 200; Part 2: 1984;

“the amended Specification” means the original Specification as amended and published under the reference BS AU 200: Part 1a: 1986 and BS AU 200: Part 2a: 1986;

“containment device” means any device so described in the original Specification or the amended Specification;]

“the specified area” means the area formed by the overall length of the vehicle and the middle 80% of the shortest distance between the inner edges of any two wheels on opposite sides of the vehicle (such distance being ascertained when the vehicle is fitted with suitable tyres inflated to a pressure recommended by the manufacturer, but excluding any bulging of the tyres near the ground) .

(5) Nothing in this regulation derogates from any requirement specified in regulation 63.

Maintenance of spray suppression devicesE+W+S

65.  Every part of every containment device with which a vehicle is required to be fitted by the provisions of regulation 64 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the effectiveness of the device.