The Road Vehicles (Construction and Use) Regulations 1986

PART IVCONDITIONS RELATING TO USE

ALADEN WEIGHT

Maximum permitted laden weight of a vehicle

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

(2) The maximum permitted laden weight of a vehicle first used before 1st June 1973 which falls in item 1 or 2 shall not be less than would be the case if the vehicle fell in item 9.

(3) The maximum total weight of all trailers, whether laden or unladen, drawn at any one time by a locomotive shall not exceed 40,650 kg.

(4) In this regulation and regulation 76—

“balanced agricultural trailer” means an agricultural trailer the whole of the weight of which is borne by its own wheels; and

“unbalanced agricultural trailer” means an agricultural trailer of which some, but not more than 35%, of the weight is borne by the drawing vehicle and the rest of the weight is borne by its own wheels.

Maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle

76.—(1) The total laden weight of a motor vehicle and the trailer or trailers (other than semi-trailers) drawn by it shall not, in a case specified in an item in column 2 of the Table, exceed the maximum permitted train weight specified in that item in column 3.

(2) In this regulation the expression `unbalanced agricultural trailer' has the meaning given to it in regulation 75.

Maximum permitted laden weight of an articulated vehicle

77.—(1) Except as provided in paragraph (2), the laden weight of an articulated vehicle of a class specified in an item in column 2 of the Table shall not exceed the weight specified in column 3 in that item.

(2) This regulation does not apply to an agricultural motor vehicle, an agricultural trailer or an agricultural trailed appliance.

Maximum permitted wheel and axle weights

78.—(1) The weight transmitted to the road by one or more wheels of a vehicle as mentioned in an item in column 2 of the Table shall not exceed the maximum permitted weight specified in that item in column 3.

(2) The Parts of the Table have the following application—

(a)Part I applies to wheeled heavy motor cars, motor cars and trailers which comply with the relevant braking requirement and to wheeled agricultural motor vehicles, agricultural trailers and agricultural trailed appliances; items 1(b) and 2 also apply to buses;

(b)Part II applies to wheeled heavy motor cars, motor cars and trailers which do not fall in Part I;

(c)Part III applies to wheeled locomotives; and

(d)Part IV applies to track-laying vehicles.

PART I

(wheeled heavy motor cars, motor cars and trailers which comply with the relevant braking requirement and wheeled agricultural motor vehicles, agricultural trailers and agricultural trailed appliances; and, in respect of items 1(b) and 2, buses)

PART II

(wheeled heavy motor cars, motor cars and trailers not failing in Part I)

PART III

(wheeled locomotives)

PART IV

(track-laying vehicles)

(3) In the case of an articulated bus, or, subject to paragraph (4), of a bus first used before 1st April 1988, the laden weight, for the purposes of item 4 in the Table in regulation 75, and the weight transmitted to the road surface by wheels of the vehicle, for the purposes of items 1 and 2 of the Table in this regulation, shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—

(a)a full supply of water, oil and fuel; and

(b)weights of 63.5 kg for each person (including crew)—

(i) for whom a seat is provided in the position in which he may be seated; and

(ii) who may by or under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be carried, save that in the case of a bus (not being an articulated bus) only the number of such persons exceeding 8 shall be taken into account.

(4) The weights for the purposes referred to in paragraph (3) may, in the case of a bus to which that paragraph applies, be calculated in accordance with paragraph (5) instead of paragraph (3).

(5) In the case of a bus first used on or after 1st April 1988, the weights for the purposes referred to in paragraph (3) shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—

(a)a full supply of water, oil and fuel;

(b)a weight of 65 kg for each person (including crew)—

(i) for whom a seat is provided, in the position in which he may be seated; and

(ii) who may by or under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be so carried, save that in the case of a bus (not being an articulated bus) only the number of such persons exceeding 4 shall be taken into account;

(c)all luggage space within the vehicle but not within the passenger compartment loaded at the rate of 100 kg per m³ or 10 kg per person mentioned in sub-paragraph (b) above, whichever is the less; and

(d)any area of the roof of the vehicle constructed or adapted for the storage of luggage loaded with a uniformly distributed load at the rate of 75 kg per m².

Maximum permitted weights for certain closely-spaced axles etc

79.—(1) This regulation applies to—

(a)a wheeled motor vehicle which complies with the relevant braking requirement;

(b)a wheeled trailer which is drawn by such a motor vehicle; and

(c)an agricultural motor vehicle, an agricultural trailer and an agricultural trailed appliance.

(2) Save as provided in paragraph (5), where two closely spaced axles of a vehicle to which this regulation applies are spaced at a distance specified in an item in column 2 of Part V of Schedule 11, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed in a case—

(a)where the weight transmitted to the road surface by all the wheels of either of the axles does not in either case exceed one half of the weight specified in that item in column 3, the weight so specified;

(b)where the weight transmitted to the road surface by all the wheels of one of the axles exceeds one half of the weight shown in that item in column 3 of that Part but does not exceed 10,170 kg, the weight specified in that item in column 4; or

(c)other than one mentioned in sub-paragraph (a) or (b) above, the weight specified in that item in column 5.

(3) Save as provided in paragraph (5), where any two adjoining axles of three closely spaced axles of a vehicle to which this regulation applies are spaced at such a distance apart as is specified in an item in column 2 of Part VI of Schedule 11, the weight transmitted to the road surface by all the wheels of each of those axles shall not exceed the weight shown in that item in column 3.

(4) Save as provided in paragraph (5), where—

(a)the weight transmitted to the road surface by all the wheels of any one of three adjacent axles of a semi-trailer to which this regulation applies exceeds 7,500 kg;

(b)the foremost and rearmost of the three adjacent axles are spaced at a distance specified in an item in column 2 of Part VII of Schedule 11; and

(c)the weight transmitted to the road surface by all the wheels of the intermediate axle does not exceed the weight shown in column 3 in that item,

the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the weight shown in column 4 in that item.

(5) Nothing in paragraphs (2), (3) or (4) of this regulation shall apply so as to prevent a vehicle first used before 1st June 1973 from being used on a road at a weight as respects those axles at which it could be used if it fell within item 5 in the Table in regulation 78 and nothing in paragraph (3) of this regulation shall apply so as to prevent a vehicle being used on a road with axle weights shown on the plating certificate issued for the vehicle current on 30th April 1983.

Over-riding weight restrictions

80.—(1) Subject to paragraph (2), no person shall use, or cause or permit to be used, on a road a vehicle—

(a)fitted with a plate in accordance with regulation 66, but for which no plating certificate has been issued, if any of the weights shown on the plate is exceeded;

(b)for which a plating certificate has been issued, if any of the weights shown in column (2) of the plating certificate is exceeded; or

(c)required by regulation 68 to be fitted with a plate, if the maximum gross weight referred to in paragraph (2)(c) of that regulation is exceeded.

(2) Where any two or more axles are fitted with a compensating arrangement in accordance with regulation 23 the sum of the weights shown for them in the plating certificate shall not be exceeded. In a case where a plating certificate has not been issued the sum of the weights referred to shall be that shown for the said axles in the plate fitted in accordance with regulation 66.

(3) Nothing in regulations 75 to 79 shall permit any such weight as is mentioned in the preceding provisions of this regulation to be exceeded and nothing in this regulation shall permit any weight prescribed by regulations 75 to 79 in relation to the vehicle in question to be exceeded.

BDIMENSIONS OF LADEN VEHICLES

Restrictions on use of vehicles carrying wide or long loads or having fixed appliances or apparatus

81.  For the purposes of this regulation, regulation 82 and Schedule 12—

(a)“lateral projection”, in relation to a load carried by a vehicle, means that part of the load which extends beyond a side of the vehicle;

(b) the width of any lateral projection shall be measured between longitudinal planes passing through the extreme projecting point of the vehicle on that side on which the projection lies and that part of the projection furthest from that point;

(c) references to a special appliance or apparatus, in relation to a vehicle, are references to any crane or other special appliance or apparatus fitted to the vehicle which is a permanent or essentially permanent fixture;

(d)“forward projection” and “rearward projection”—

(i)in relation to a load carried in such a manner that its weight rests on only one vehicle, mean respectively that part of the load which extends beyond the foremost point of the vehicle and that part which extends beyond the rearmost point of the vehicle;

(ii)in relation to a load carried in such a manner that part of its weight rests on more than one vehicle, mean respectively that part of the load which extends beyond the foremost point of the foremost vehicle by which the load is carried except where the context otherwise requires and that part of the load which extends beyond the rearmost point of the rearmost vehicle by which the load is carried; and

(iii)in relation to any special appliance or apparatus, mean respectively that part of the appliance or apparatus which, if it were deemed to be a load carried by the vehicle, would be a part of a load extending beyond the foremost point of the vehicle and that part which would be a part of a load extending beyond the rearmost point of the vehicle,

and references in regulation 82 and Schedule 12 to a forward projection or to a rearward projection in relation to a vehicle shall be construed accordingly;

(e) the length of any forward projection or of any rearward projection shall be measured between transverse planes passing—

(i) in the case of a forward projection, through the foremost point of the vehicle and that part of the projection furthest from that point; and

(ii) in the case of a rearward projection, through the rearmost point of the vehicle and that part of the projection furthest from that point;

In this and the foregoing sub-paragraph “vehicle” does not include any special appliance or apparatus or any part thereof which is a forward projection or a rearward projection;

(f) references to the distance between vehicles, in relation to vehicles carrying a load, are references to the distance between the nearest points of any two adjacent vehicles by which the load is carried, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

For the purposes of this sub-paragraph, in determining the nearest point of two vehicles any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other and any fitting designed for use in connection with any such part shall be disregarded;

(g) references to a combination of vehicles, in relation to a motor vehicle which is drawing one or more trailers, are references to the motor vehicle and the trailer or trailers drawn thereby, including any other motor vehicle which is used for the purpose of assisting in the propulsion of the trailer or the trailers on the road;

(h) the overall length of a combination of vehicles shall be taken as the distance between the foremost point of the drawing vehicle comprised in the combination and the rearmost point of the rearmost vehicle comprised therein, measured when the longitudinal axis of each vehicle comprised in the combination lies in the same vertical plane;

(i) the extreme projecting point of a vehicle is the point from which the overall width of the vehicle is calculated in accordance with the definition of overall width contained in regulation 3(2);

(j) without prejudice to sub-paragraph (e) the foremost or, as the case may be, the rearmost point of a vehicle is the foremost or rearmost point from which the overall length of the vehicle is calculated in accordance with the definition of overall length contained in regulation 3(2); and

(k) an agricultural, horticultural or forestry implement rigidly but not permanently mounted on an agricultural motor vehicle, agricultural trailer or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels, shall not be treated as a load, or special appliance, on that vehicle.

82.—(1)  No load shall be carried on a vehicle so that the overall width of the vehicle together with the width of any lateral projection or projections of its load exceeds 4.3m.

(2)  Subject to the following provisions of this regulation, no load shall be carried on a vehicle so that—

(a) the load has a lateral projection or projections on either side exceeding 305mm; or

(b) the overall width of the vehicle and of any lateral projection or projections of its load exceeds 2.9m.

Provided that this paragraph does not apply to the carriage of—

(i)loose agricultural produce not baled or crated; or

(ii)an indivisible load if—

(A)it is not reasonably practicable to comply with this paragraph and the conditions specified in paragraph 1 of Schedule 12 are complied with; and

(B)where the overall width of the vehicle together with the width of any lateral projection or projections of its load exceeds 3.5m, the conditions specified in paragraph 2 of Schedule 12 are complied with.

(3)  Where a load is carried so that its weight rests on a vehicle or vehicles, the length specified in paragraph (5) shall not exceed 27.4m.

(4)  Where a load is so carried and either—

(a) the length specified in paragraph (5) exceeds 18.3m; or

(b) the load rests on a trailer or trailers and the length specified in paragraph (6) exceeds 25.9m,

the conditions specified in paragraphs 1 and 2 of Part I of Schedule 12 shall be complied with.

(5)  The length referred to in paragraphs (3) and (4)(a) is—

(a) where the load rests on a single vehicle, the overall length of the vehicle together with the length of any forward and rearward projection of the load;

(b) where the load rests on a motor vehicle and one trailer, whether or not forming an articulated vehicle, the overall length of the trailer together with the length of any projection of the load in front of the foremost point of the trailer and of any rearward projection of the load; and

(c) in any other case, the overall length of all the vehicles on which the load rests, together with the length of any distance between them and of any forward or rearward projection of the load.

(6)  The length referred to in paragraph (4)(b) is the overall length of the combination of vehicles, together with the length of any forward or rearward projection of the load.

(7)  Subject to the following provisions of this regulation no person shall use, or cause or permit to be used, on a road a vehicle, not being a straddle carrier, carrying a load or fitted with a special appliance or apparatus if the load, appliance or apparatus has a forward projection of a length specified in an item in column 2 of the Table, or rearward projection of a length specified in an item in column 3, unless the conditions specified in that item in column 4 are complied with.

(8)  Subject to the following provisions of this regulation, no person shall use, or cause or permit to be used, on a road a straddle carrier carrying a load if—

(a) the load has a rearward projection exceeding 1 m unless the conditions specified in paragraph 4 of Schedule 12 are met;

(b) the load has a forward projection exceeding 2 m or a rearward projection exceeding 3m; or

(c) the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m

Provided that—

(i)sub-paragraph (a) does not apply to a vehicle being used in passing from one part of private premises to another part thereof or to other private premises in the immediate neighbourhood;

(ii)sub-paragraphs (b) and (c) do not apply to a vehicle being used as in proviso (i) above if—

(A)the vehicle is not being driven at a speed exceeding 12 mph; and

(B)where the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m, the conditions specified in paragraphs 1 and 2 of Schedule 12 are complied with.

(9)  Where another vehicle is attached to that end of a vehicle from which a projection extends, then for the purposes of any requirement in this regulation to comply with paragraph 3 or 4 of Schedule 12, that projection shall be treated as a forward or rearward projection only if, and to the extent that it extends beyond the foremost point or, as the case may be, the rearmost point, of that other vehicle, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

(10)  In the case of a vehicle being used—

(a) for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes); or

(b) in connection with the removal of any obstruction to traffic,

if compliance with any provision of this regulation would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used, that provision does not apply to that vehicle while it is being so used.

(11)  No person shall use, or cause or permit to be used, on a road an agricultural, horticultural or forestry implement rigidly, but not permanently, mounted on a wheeled agricultural motor vehicle, agricultural trailer, or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels if—

(a) the overall width of the vehicle together with the lateral projection of the implement exceeds 2.5m; or

(b) the implement projects more than 1m forwards or rearwards of the vehicle,

so however, that this restriction shall not apply in a case where—

(i) part of the weight of the implement is supported by one or more of its own wheels; and

(ii) the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle.

CTRAILERS AND SIDECARS

Number of trailers

83.—(1) No person shall use, or cause or permit to be used, on a road a wheeled vehicle of a class specified in an item in column 2 of the Table drawing a trailer, subject to any exceptions which may be specified in that item in column 3.

(2) For the purposes of items 5, 6 and 7 of the Table—

(a)an unladen articulated vehicle, when being drawn by another motor vehicle because it has broken down, shall be treated as a single trailer; and

(b)a towed roller used for the purposes of agriculture, horticulture or forestry and consisting of several separate rollers shall be treated as one agricultural trailed appliance.

(3) No track-laying motor vehicle which exceeds 8 m in overall length shall draw a trailer other than a broken down vehicle which is being drawn in consequence of the breakdown.

Trailers drawn by motor cycles

84.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road a motor cycle—

(a)drawing behind it more than one trailer;

(b)drawing behind it any trailer carrying a passenger;

(c)drawing behind it a trailer with an unladen weight exceeding 254 kg;

(d)with not more than 2 wheels, without a sidecar, and with an engine capacity which does not exceed 125 cc, drawing behind it any trailer; or

(e)with not more than 2 wheels, without a sidecar and with an engine capacity exceeding 125 cc, drawing behind it any trailer unless—

(i) the trailer has an overall width not exceeding 1 m;

(ii) the distance between the rear axle of the motor cycle and the rearmost part of the trailer does not exceed 2.5 m;

(iii) the motor cycle is clearly and indelibly marked in a conspicuous and readily accessible position with its kerbside weight;

(iv) the trailer is clearly and indelibly marked in a conspicuous and readily accessible position with its unladen weight; and

(v) the laden weight of the trailer does not exceed 150 kg or two thirds of the kerbside weight of the motor cycle, whichever is the less.

(2) The provisions of paragraph (1)(b), (d) and (e) do not apply if the trailer is a broken down motorcycle and one passenger is riding it.

Trailers drawn by agricultural motor vehicles

85.—(1) No person shall use, or cause or permit to be used, on a road a wheeled agricultural motor vehicle drawing one or more wheeled trailers if the weight of the drawing vehicle is less than a quarter of the weight of the trailer or trailers, unless the brakes fitted to each trailer in compliance with regulation 15 or 16 are operated directly by the service braking system fitted to the motor vehicle.

(2) No person shall use, or cause or permit to be used, on a road, any motor vehicle drawing an agricultural trailer of which—

(a)more than 35% of the weight is borne by the drawing vehicle; or

(b)the gross weight exceeds 14,230 kg, unless it is fitted with brakes as mentioned in paragraph (1).

(3) No person shall use, or cause or permit to be used, on a road an agricultural trailer manufactured on or after 1st December 1985 which is drawn by a motor vehicle first used on or after 1st June 1986 unless the brakes fitted to the trailer—

(a)in accordance with regulation 15 can be applied progressively by the driver of the drawing vehicle, from his normal driving position and while keeping proper control of that vehicle, using a means of operation mounted on the drawing vehicle; or

(b)automatically come into operation on the over-run of the trailer.

Distance between motor vehicles and trailers

86.—(1) Where a trailer is attached to the vehicle immediately in front of it solely by means of a rope or chain, the distance between the trailer and that vehicle shall not in any case exceed 4.5 m, and shall not exceed 1.5 m unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side.

(2) For the purpose of determining the said distance any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other and any fitting designed for use in connection with any such part shall be disregarded.

Unbraked trailers

87.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road an unbraked wheeled trailer if—

(a)its laden weight exceeds its maximum gross weight; or

(b)it is drawn by a vehicle of which the kerbside weight is less than twice the sum of the unladen weight of the trailer and the weight of any load which the trailer is carrying.

(2) This regulation does not apply to—

(a)an agricultural trailer; or

(b)a trailer mentioned in regulation 16(3)(b) to (g).

Use of bridging plates between motor vehicle and trailer

88.—(1) Save as provided in paragraph (2), no person shall use or cause or permit to be used on a road a motor vehicle constructed for the purpose of carrying other vehicles or any trailer constructed for that purpose so that while such vehicle or trailer is on a road any part of the weight of any vehicle which is being carried rests on a plate of a kind mentioned in paragraph (h) in the definition in regulation 3(2) of “overall length”.

(2) The provisions of paragraph (1) do not apply—

(a)while the motor vehicle or trailer constructed for the purpose of carrying other vehicles is being loaded or unloaded; or

(b)if the plate is folded or withdrawn so that it does not bridge the gap between the motor vehicle and the trailer.

Leaving trailers at rest

89.  No person in charge of a motor vehicle, or trailer drawn thereby, shall cause or permit such trailer to stand on a road when detached from the drawing vehicle unless one at least of the wheels of the trailer is (or, in the case of a track-laying trailer, its tracks are) prevented from revolving by the setting of the brake or the use of a chain, chock or other efficient device.

Passengers in trailers

90.—(1) Save as provided in paragraph (2), no person shall use, or cause or permit to be used, on a road any trailer for the carriage of passengers for hire or reward.

(2) The provisions of paragraph (1) do not apply in respect of a wheeled trailer which is, or is carrying, a broken down motor vehicle if—

(a)the trailer is drawn at a speed not exceeding 30 mph; and

(b)where the trailer is, or is carrying, a broken down bus, it is attached to the drawing vehicle by a rigid draw bar.

(3) Save as provided in paragraph (4), no person shall use, or cause or permit to be used, on a road a wheeled trailer in which any person is carried and which is a living van having either—

(a)less than 4 wheels; or

(b)4 wheels consisting of two close-coupled wheels on each side.

(4) The provisions of paragraph (3) do not apply in respect of a trailer which is being tested by—

(a)its manufacturer;

(b)a person by whom it has been, or is being, repaired; or

(c)a distributor of, or dealer in, trailers.

Attendants on trailers and certain other vehicles

91.—(1) The requirements of section 34 of the 1972 Act with regard to the employment of drivers and attendants shall not apply in respect of the following vehicles—

(a)an articulated vehicle;

(b)an agricultural motor vehicle which is drawing an agricultural trailer or an agricultural trailed appliance;

(c)a trailer with not more than two wheels drawn by a motor car or a motor cycle or a four-wheeled trailer having two close-coupled wheels on each side drawn by a motor car;

(d)a motor tractor drawing any—

(i) closed trailer specially constructed and used for the conveyance of meat between docks and railway stations or between wholesale markets and docks or railway stations;

(ii) machine or implement used for the purpose of the maintenance, repair or cleansing of roads; or

(iii) refuse vehicle;

(e)a works truck drawing any works trailer where the unladen weight of each vehicle does not exceed 1525 kg;

(f)a motor vehicle drawing a trailer which has no brakes other than a parking brake and brakes which automatically come into operation on the overrun of the trailer;

(g)a road roller;

(h)a motor vehicle belonging to the Secretary of State for Defence and being used for naval, military or air force purposes drawing a trailer fitted with brakes which can be applied by the driver of the drawing vehicle;

(i)a motor vehicle drawing a broken down vehicle, whether or not in consequence of a breakdown, in such a manner that the broken down vehicle cannot be steered by its own steering gear;

(j)a motor vehicle drawing another vehicle in the exercise of a statutory power of removal in such a manner that the vehicle being so drawn cannot be steered by its own steering gear;

(k)a motor vehicle which is drawing a towing implement not attached to any other vehicle; or

(l)a motor vehicle drawing a trailer or trailers where every such trailer is fitted with power-assisted or power-operated brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of the engine of the drawing vehicle—

(i) where one such trailer is drawn; or

(ii) where two or more such trailers are drawn, if one attendant is carried on either the drawing vehicle or a trailer for the purpose of attending to the trailers.

(2) The requirements of the said section 34 with regard to the employment of persons to drive or attend a locomotive whilst being driven on a highway shall not apply in the case of a locomotive propelled by the combustion of liquid fuel or by electrical power, whether or not the locomotive is drawing a trailer or trailers.

(3) The provisions of this regulation shall not be treated as prejudicing the operation of any provision of regulation 82 in so far as it provides, in relation to the use of a vehicle on a road, for compliance with the conditions specified in paragraph 2 of Schedule 12 (which relates to the employment of persons in attending to vehicles and their load).

Attachment of sidecars

92.  Every sidecar fitted to a motor cycle shall be so attached that the wheel thereof is not wholly outside the space between transverse planes passing through the extreme projecting points at the front and at the rear of the motor cycle.

Use of sidecars

93.  No person shall use or cause or permit to be used on a road any two-wheeled motor cycle registered on or after 1st August 1981, not being a motor cycle brought temporarily into Great Britain by a person resident abroad, if there is a sidecar attached to the right (or off) side of the motor cycle.

DUSE OF GAS PROPULSION SYSTEMS AND GAS-FIRED APPLIANCES

Use of gas propulsion systems

94.—(1) No person shall use, or cause or permit to be used, on a road a vehicle with a gas propulsion system unless the whole of such system is in a safe condition.

(2) No person shall use, or cause or permit to be used, in any gas supply system for the propulsion of a vehicle when the vehicle is on a road any fuel except liquefied petroleum gas.

(3) No person shall use, or cause or permit to be used, on a road a vehicle which is propelled by gas unless the gas container in which such fuel is stored is on the motor vehicle, and not on any trailer, and in the case of an articulated vehicle on the portion of the vehicle to which the engine is fitted.

(4) In this regulation and in regulation 95 “liquefied petroleum gas” means—

(a)butane gas in any phase which meets the requirements contained in the specification of commercial butane and propane issued by the British Standards Institution under the number BS4250: 1975 and published on 29th August 1975; or

(b) propane gas in any phase which meets the requirements contained in the said specification; or

(c) any mixture of such butane gas and such propane gas.

Use of gas-fired appliances—general

95.—(1) No person shall use, or cause or permit to be used, in or on a vehicle on a road any gas-fired appliance unless the whole of such appliance and the gas system attached thereto is in an efficient and safe condition.

(2) No person shall use, or cause or permit to be used, in any gas-fired appliance in or on a vehicle on a road any fuel except liquefied petroleum gas as defined in regulation 94(4).

(3) No person shall use, or cause or permit to be used, in or on a vehicle on a road any gas-fired appliance unless the vehicle is so ventilated that—

(a)an ample supply of air is available for the operation of the appliance;

(b)the use of the appliance does not adversely affect the health or comfort of any person using the vehicle; and

(c)any unburnt gas is safely disposed of to the outside of the vehicle.

(4) No person shall use, or cause or permit to be used, on a road a vehicle in or on which there is—

(a)one gas-fired appliance unless the gas supply for such appliance is shut off at the point where it leaves the container of containers at all times when the appliance is not in use;

(b)more than one gas-fired appliance each of which has the same supply of gas unless the gas supply for such appliances is shut off at the point where it leaves the container or containers at all times when none of such appliances is in use; or

(c)more than one gas-fired appliance each of which does not have the same supply of gas unless each gas supply for such appliances is shut off at the point where it leaves the container or containers at all times when none of such appliances which it supplies is in use.

Use of gas-fired appliances when a vehicle is in motion

96.—(1) Subject to paragraph (2), this regulation applies to every motor vehicle and trailer.

(2) Paragraphs (3) and (4) do not apply to a vehicle constructed or adapted for the conveyance of goods under controlled temperatures.

(3) No person shall use, or cause or permit to be used, in any vehicle to which this paragraph applies, while the vehicle is in motion on a road, any gas-fired appliance except—

(a)a gas-fired appliance which is fitted to engineering plant while the plant is being used for the purposes of the engineering operations for which it was designed;

(b)a gas-fired appliance which is permanently attached to a bus, provided that any appliance for heating or cooling the interior of the bus for the comfort of the driver and any passengers does not expose a naked flame on the outside of the appliance; or

(c)in any other vehicle, a refrigerating appliance or an appliance which does not expose a naked flame on the outside of the appliance and which is permanently attached to the vehicle and designed for the purpose of heating any part of the interior of the vehicle for the comfort of the driver and any passengers.

(4) No person shall use, or cause or permit to be used, in any vehicle to which this paragraph applies, while the vehicle is in motion on a road, any gas-fired appliance to which—

(a)sub-paragraph (3)(a) refers, unless the appliance complies with the requirements specified in paragraphs 12 and 13 of Schedule 5 and the gas system to which it is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of Schedule 5; or

(b)sub-paragraph (3)(b) refers, unless the appliance complies with the requirements specified in paragraphs 12, 13 and 14 of Schedule 5 and the gas system to which it is attached complies with the requirements specified in paragraphs 2 to 9, 11 and 15 of Schedule 5; or

(c)sub-paragraph (3)(c) refers, unless the appliance complies—

(i) if it is fitted to a motor vehicle, with the requirements specified in paragraphs 12, 13 and 14 of Schedule 5; and

(ii) in any other case, with the requirements specified in paragraphs 12 and 13 of Schedule 5;

and the gas system to which the appliance is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of Schedule 5.

(5) No person shall use, or cause or permit to be used, in a vehicle to which this regulation applies which is in motion on a road any gas-fired appliance unless it is fitted with a valve which stops the supply of gas to the appliance if the appliance fails to perform its function and causes gas to be emitted.

ECONTROL OF NOISE

Avoidance of excessive noise

97.  No motor vehicle shall be used on a road in such manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver.

Stopping of engine when stationary

98.—(1) Save as provided in paragraph (2), the driver of a vehicle shall, when the vehicle is stationary, stop the action of any machinery attached to or forming part of the vehicle so far as may be necessary for the prevention of noise.

(2) The provisions of paragraph (1) do not apply—

(a)when the vehicle is stationary owing to the necessities of traffic;

(b)so as to prevent the examination or working of the machinery where the examination is necessitated by any failure or derangement of the machinery or where the machinery is required to be worked for a purpose other than driving the vehicle; or

(c)in respect of a vehicle propelled by gas produced in plant carried on the vehicle, to such plant.

Use of audible warning instruments

99.—(1) Subject to the following paragraphs, no person shall sound, or cause or permit to be sounded, any horn, gong, bell or siren fitted to or carried on a vehicle which is—

(a)stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or

(b)in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.

(2) The provisions of paragraph (1)(a) do not apply in respect of the sounding of a reversing alarm when the vehicle to which it is fitted is about to move backwards and its engine is running.

(3) No person shall sound, or cause or permit to be sounded, on a road any reversing alarm fitted to a vehicle—

(a)unless the vehicle is a goods vehicle which has a maximum gross weight not less than 2000 kg, a bus, engineering plant, or a works truck; or

(b)if the sound of the alarm is likely to be confused with a sound emitted in the operation of a pedestrian crossing established, or having effect as if established, under Part III of the 1984 Act.

(4) Subject to the provisions of the following paragraphs, no person shall sound, or cause or permit to be sounded a gong, bell, siren or two-tone horn, fitted to or otherwise carried on a vehicle (whether it is stationary or not).

(5) Nothing in paragraph (1) or (4) shall prevent the sounding of—

(a)an instrument or apparatus fitted to, or otherwise carried on, a vehicle at a time when the vehicle is being used for one of the purposes specified in regulation 37(5) and it is necessary or desirable to do so either to indicate to other road users the urgency of the purposes for which the vehicle is being used, or to warn other road users of the presence of the vehicle on the road; or

(b)a horn (not being a two-tone horn), bell, gong or siren—

(i) to raise alarm as to the theft or attempted theft of the vehicle or its contents; or

(ii) in the case of a bus, to summon help for the driver, the conductor or an inspector.

(6) Subject to the provisions of section 62 of the Control of Pollution Act 1974 and notwithstanding the provisions of paragraphs (1) and (4) above, a person may, between 12.00 hours and 19.00 hours, sound or cause or permit to be sounded an instrument or apparatus, other than a two-tone horn, fitted to or otherwise carried on a vehicle, being an instrument or apparatus designed to emit a sound for the purpose of informing members of the public that the vehicle is conveying goods for sale, if, when the apparatus or instrument is sounded, it is sounded only for that purpose.

(7) For the purposes of this regulation the expressions which are referred to in regulation 37(10) have the meanings there given to them and the expression “restricted road” in paragraph (1) means a road which is a restricted road for the purpose of section 81 of the 1984 Act.

FAVOIDANCE OF DANGER

Maintenance and use of vehicle so as not to be a danger, etc

100.—(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.

Provided that the provisions of this regulation with regard to the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.

(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.

Parking in darkness

101.—(1) Save as provided in paragraph (2) no person shall, except with the except with the permission of a police officer in a uniform, cause or permit any motor vehicle to stand on a road at any time between half an hour after sunset and half an hour before sunrise unless the near side of the vehicle is as close as may be to the edge of the carriageway.

(2) The provisions of paragraph (1) do not apply in respect of any motor vehicle—

(a) being used for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes) if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(b) being used in connection with—

(i) any building operation or demolition;

(ii) the repair of any other vehicle;

(iii) the removal of any obstruction to traffic;

(iv) the maintenance, repair or reconstruction of any road; or

(v) the laying, erection, alteration or repair in or near to any road of any sewer, main, pipe or apparatus for the supply of gas, water or electricity, of any telecommunication apparatus as defined in Schedule 2 to the Telecommunication Act 1984 or of the apparatus of any electric transport undertaking,

if, in any such case, compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(c) on any road in which vehicles are allowed to proceed in one direction only;

(d) standing on a part of a road set aside for the parking of vehicles or as a stand for hackney carriages or as a stand for buses or as a place at which such vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers where compliance with those provisions would conflict with the provisions of any order, regulations or byelaws governing the use of such part of a road for that purpose; or

(e) waiting to set down or pick up passengers in accordance with regulations made or directions given by a chief officer of police in regard to such setting down or picking up.

Passengers on motor cycles

102.  If any person in addition to the driver is carried astride a two-wheeled motor cycle on a road (whether a sidecar is attached to it or not) suitable supports or rests for the feet shall be available on the motor cycle for that person.

Obstruction

103.  No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Driver's control

104.  No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Opening of doors

105.  No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.

Reversing

106.  No person shall drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road.

Leaving motor vehicles unattended

107.—(1) Save as provided in paragraph (2), no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply in respect of a vehicle—

(a) being used for ambulance, fire brigade or police purposes; or

(b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to—

(i) drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or

(ii) maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus.

(3) In this regulation “parking brake” means a brake fitted to a vehicle in accordance with requirement 16 or 18 in Schedule 3.

Securing of suspended implements

108.  Where a vehicle is fitted with any apparatus or appliance designed for lifting and part of the apparatus or appliance consists of a suspended implement, the implement shall at all times while the vehicle is in motion on a road and when the implement is not attached to any load supported by the appliance or apparatus be so secured either to the appliance or apparatus or to some part of the vehicle that no danger is caused or is likely to be caused to any person on the vehicle or on the road.

Television sets

109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;

(b) about the location of the vehicle and the road on which it is located;

(c) to assist the driver to see the road adjacent to the vehicle; or

(d) to assist the driver to reach his destination.

(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.