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The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987

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Statutory Instruments

1987 No. 1133

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987

Made

30th June 1987

Laid before Parliament

10th July 1987

Coming into force

31st July 1987

The Secretary of State for Transport, in exercise of the powers conferred by section 40(1) and (3) of the Road Traffic Act 1972(1), now vested in him(2), and after consultation with representative organisations in accordance with section 199(2) of that Act, hereby makes the following Regulations:

Citation, commencement and introduction

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 and shall come into force on 31st July 1987.

2.  The Road Vehicles (Construction and Use) Regulations 1986(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of interpretation provisions

  • 3.  In the Table in regulation 3(2), the following new definitions shall be inserted in the appropriate places according to alphabetical order—

  • “coach” means a large bus with a maximum gross weight of more than 7.5 tonnes and with a maximum speed exceeding 60 mph;

  • “large bus” means a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver;

  • “motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

  • “staircase” means a staircase by means of which passengers on a double-decked vehicle may pass to and from the upper deck of the vehicle.

Additional protective systems

4.  After regulation 53 (mascots) there shall be inserted the following new regulations—

Strength of superstructure

53A.(1) This regulation applies to every coach which is—

(a)a single decked vehicle;

(b)equipped with a compartment below the deck for the luggage of passengers; and

(c)first used on or after 1st April 1990.

(2) Every vehicle to which this regulation applies shall comply with the requirements of ECE Regulation 66.

Additional exits from double-decked coaches

53B.(1) This regulation applies to every coach which is—

(a)a double-decked vehicle; and

(b)first used on or after 1st April 1990.

(2) Subject to the following provisions of this regulation, every vehicle to which this regulation applies shall be equipped with two staircases, one of which shall be located in one half of the vehicle and the other in the other half of the vehicle.

(3) Instead of being equipped with two staircases in accordance with paragraph (2), a vehicle to which this regulation applies may be equipped in accordance with the following provisions of this regulation with a hammer or other similar device with which in case of emergency any side window of the vehicle may be broken.

(4) Where a vehicle is equipped with—

(a)a staircase located in one half of the vehicle; and

(b)an emergency exit complying with regulation 21(8) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(4) located in the same half of the upper deck of the vehicle;

the hammer or the similar device shall be located in the other half of that deck.

(5) Any hammer or other similar device with which a vehicle is equipped pursuant to this regulation shall be located in a conspicuous and readily accessible position in the upper deck of the vehicle.

(6) There shall be displayed, in a conspicuous position in close proximity to the hammer or other similar device, a notice which shall contain in clear and indelible lettering—

(a)in letters not less than 25 mm high, the heading “IN EMERGENCY”; and

(b)in letters not less than 10 mm high, instructions that in case of emergency the hammer or device is to be used first to break any side window by striking the glass near the edge of the window and then to clear any remaining glass from the window aperture.

(7) For the purposes of this regulation a staircase, emergency exit, hammer or other similar device (as the case may be) shall be considered to be located in the other half of the vehicle if the shortest distance between any part of that staircase, exit, hammer or device (as the case may be) and any part of any other staircase, emergency exit, hammer or device is not less than one half of the overall length of the vehicle..

Amendments to regulations relating to seat belts and anchorage points

5.  Regulation 46 shall be amended as follows—

(a)in paragraph (1), there shall be added the following new sub-paragraph—

(c)every heavy motor car first used on or after 1st October 1988.;

(b)in paragraph (2)—

(i)in sub-paragraph (a)(ii), after the words “1st April 1980” there shall be inserted the words “and before 1st October 1988” and the words “in Great Britain (determined in accordance with the provisions of Schedule 11)” shall be omitted;

(ii)for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b)a bus, being—

(i)a minibus—

(A) if first used before 1st October 1988, constructed or adapted to carry more than twelve passengers; or

(B) if first used on or after 1st October 1988, having a maximum gross weight exceeding 3500 kg; or

(ii)a large bus (other than a coach first used on or after 1st October 1988);;

(iii)in sub-paragraph (d), for the words “an industrial” there shall be substituted the words “a motor”;

(iv)in sub-paragraph (f), after the words “goods vehicle” there shall be inserted the words “first used before 1st October 1988”;

(v)for sub-paragraph (i) there shall be substituted the following new sub-paragraph—

(i)a vehicle having a maximum speed not exceeding 16 mph; and

(vi)after sub-paragraph (j) there shall be inserted the following new sub-paragraph—

(k)a locomotive.;

(c)in paragraph (4)—

(i)at the beginning there shall be inserted the words “Save as provided in paragraph (4A) or (4B)”;

(ii)for sub-paragraph (a)(i) there shall be substituted the following sub-paragraph—

(i)in the case of a minibus, a motor ambulance or a motor caravan—

(A) if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any); or

(B) if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat and;

(iii)in sub-paragraph (a)(ii), for the words “in any other case” there shall be substituted the words “in the case of any other passenger or dual-purpose vehicle”;

(iv)after sub-paragraph (a)(ii) there shall be inserted the following new paragraph—

(iii)in any other case, every forward-facing front seat and every non-protected seat, and;and

(v)in sub-paragraph (b), after the words “comply with” there shall be inserted the words “the technical and installation requirements of”;

(d)after paragraph (4) there shall be inserted the following new paragraphs—

(4A) The requirements specified in paragraph (4) shall not apply to—

(a)a goods vehicle first used on or after 1st October 1988 and having a maximum gross weight exceeding 3500 kg, but any such vehicle shall be equipped with two belt anchorages designed to hold securely in position on the vehicle lap belts for the driver’s seat and each forward-facing front seat; or

(b)a coach equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for all exposed forward-facing seats and which—

(i)comply with the requirements in paragraph (4)(b); or

(ii)in any case where the anchorage points form part of a seat, do not when a forward horizontal force is applied to them become detached from the seat of which they form part before that seat becomes detached from the vehicle.

(4B) Instead of complying with the requirements in paragraph (4), a vehicle may comply with Community Directive 76/115 or 81/575 or 82/318 or ECE Regulation 14.;

(e)for paragraph (5) there shall be substituted the following new paragraphs—

(5) Save as provided in paragraph (5A), a vehicle of a type mentioned in paragraphs (4), (4A) and (4B) which is fitted with anchorage points other than those required by those paragraphs shall comply with the requirements in paragraph (4)(b) or, in the case of a coach, the requirements in paragraph (4A)(b)(ii) in respect of any additional anchorage points as well as in respect of the anchorage points required by paragraph (4), (4A) or (4B) to be provided.

(5A) The requirements in paragraph (5) shall not apply in respect of any additional anchorage points first fitted before 1st April 1986 in the case of a vehicle of a type mentioned in paragraph (4)(a)(i)(A), or before 1st October 1988 in the case of a vehicle of any other type.;

(f)in sub-paragraph (a) of paragraph (6)—

(i)after the words “the expressions” there shall be inserted the words “exposed forward-facing seat”; and

(ii)after the words “forward-facing seat” there shall be inserted the words “forward-facing front seat” and “lap belt”; and

(g)for sub-paragraph (b) of paragraph (6) there shall be substituted the following new sub-paragraph—

(b)the expression “non-protected seat” means a seat other than a front seat which does not satisfy the requirements of section 4.3.3 of Annex 1 to Community Directive 81/575..

6.  Regulation 47 shall be amended as follows—

(a)in paragraph (2)—

(i)in sub-paragraph (a), the word “seat” shall be omitted in both places where it appears after the words “body-restraining”; and

(ii)in sub-paragraph (b), the word “seat” shall be omitted where it appears after the words “three-point”;

(iii)in sub-paragraph (c), after the words “regulation 46(4)(a) (ii)” there shall be inserted the words “or (iii)”;

(iv)after sub-paragraph (c) there shall be inserted the following new sub-paragraphs—

(d)regulation 46(4)(a)(i)(B) applies shall be fitted with seat belts as follows—

(i)for the driver’s seat and the specified passenger’s seat (if any) a three-point belt; and

(ii)for any forward-facing front seat which is not a specified passenger’s seat, a three-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);

(e)regulation 46(4A)(b) applies shall be equipped with seat belts which shall be three-point belts, lap belts or disabled person’s belts.; and

(v)at the end of the paragraph there shall be inserted the following—

  • Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat of a coach (other than the driver’s seat) either—

    (i)

    there shall be provided padding to a depth of not less than 50 mm on the surface of any bar or partition which is, or any part of which is, forward of and within 1 metre of the intersection of the back rest and the cushion of the seat in question and such padding shall extend for not less than 150 mm on either side of that point on the bar or partition which would be bisected by a prolongation of the longitudinal centreline of the seat; or

    (ii)

    the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met.;

(b)in paragraph (3), for the words “paragraph (2)(b) or (c)” there shall be substituted the words “paragraph (2)(b), (c), (d) or (e)”;

(c)in paragraph (4)—

(i)in sub-paragraph (c)(ii), after “BS 3254: 1960” there shall be inserted “or BS AU 160c”; and

(ii)after sub-paragraph (d) there shall be inserted the following new sub-paragraph—

(e)to a vehicle to which regulation 46(4A)(a) applies.;

(d)in paragraph (6), there shall be added the following new sub-paragraph—

(c)any seat (other than the driver’s seat) fitted to a coach.;

(e)in paragraph (8)—

(i)in the definition of “body-restraining seat belt”, the word “seat” shall be omitted where it forms part of the expression “body-restraining seat belt”;

(ii)in paragraph (i)(b) of the definition of “British Standard mark”, after “BS 3254: 1960” there shall be inserted “or BS 3254: 1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210”;

(iii)in the definition of “lap belt”, at the end there shall be added the words “and which is designed for use by an adult”; and

(iv)there shall be inserted in the appropriate places according to alphabetical order the following new definitions—

  • “crew seat” has the same meaning as in regulation 3(1) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(5);

  • “exposed forward-facing seat” means—

    (i)

    a forward-facing front seat (including any crew seat) and the driver’s seat; and

    (ii)

    any other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;

  • “forward-facing front seat” means—

    (i)

    any forward-facing seat alongside the driver’s seat; or

    (ii)

    if the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (i) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;

  • “forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;

  • “high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle.

7.  In regulation 48, at the end of paragraph (1) there shall be added the words “and also to every anchorage with which a goods vehicle is required to be provided in accordance with regulation 46(4A)(a)”.

8.  Regulations 46 and 47, as amended by these Regulations, and with consequential adjustments to the punctuation markings and other minor matters, are set out in the Schedule to the Regulations.

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State,

Department of Transport

30th June 1987

Regulation 8

THE SCHEDULEREGULATIONS 46 AND 47 AS AMENDED BY THESE REGULATIONS

Seat belt anchorage points

46.—(1) Save as provided by paragraph (2), this regulation applies to—

(a)every wheeled motor car first used on or after 1st January 1965;

(b)every three-wheeled motor cycle the unladen weight of which exceeds 255 kg and which was first used on or after 1st September 1970; and

(c)every heavy motor car first used on or after 1st October 1988.

(2) This regulation does not apply to—

(a)a goods vehicle (other than a dual-purpose vehicle) which was first used—

(i)before 1st April 1967; or

(ii)on or after 1st April 1980 and before 1st October 1988 and has a maximum gross weight exceeding 3500 kg; or

(iii)before 1st April 1980 or, if the vehicle is of a model manufactured before 1st October 1979, was first used before 1st April 1982 and in either case, has an unladen weight exceeding 1525 kg;

(b)a bus, being—

(i)a minibus—

(A) if first used before 1st October 1988, constructed or adapted to carry more than twelve passengers; or

(B) if first used on or after 1st October 1988, having a maximum gross weight exceeding 3500 kg; or

(ii)a large bus (other than a coach first used on or after 1st October 1988);

(c)an agricultural motor vehicle;

(d)a motor tractor;

(e)a works truck;

(f)an electrically-propelled goods vehicle first used before 1st October 1988;

(g)a pedestrian-controlled vehicle;

(h)a vehicle which has been used on roads outside Great Britain and has been imported into Great Britain, whilst it is being driven from the place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle, or from any such place to a place where, by previous arrangement, it will be provided with such anchorage points as are required by this regulation and such seat belts as are required by regulation 47;

(i)a vehicle having a maximum speed not exceeding 16 mph;

(j)a motor cycle equipped with a driver’s seat of a type requiring the driver to sit astride it, and which is constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description; or

(k)a locomotive.

(3) A vehicle which was first used before 1st April 1982 shall be equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for the driver’s seat and specified passenger’s seat (if any).

(4) Save as provided in paragraph (4A) or (4B) a vehicle which is first used on or after 1st April 1982 shall be equipped with anchorage points which—

(a)are designed to hold securely in position on the vehicle seat belts for—

(i)in the case of minibus, motor ambulance or a motor caravan—

(A) if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any); or

(B) if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat; and

(ii)in the case of any other passenger or dual-purpose vehicle, every forward-facing seat constructed or adapted to accommodate one adult;

(iii)in every other case, every forward-facing front seat and every non-protected seat, and

(b)comply with the technical and installation requirements of Community Directive 76/115 or 81/575 or 82/318 or ECE Regulation 14 whether or not those instruments apply to the vehicle, so however, that the requirements in those instruments which relate to testing shall not apply.

(4A) The requirements specified in paragraph (4) shall not apply to—

(a)a goods vehicle first used on or after 1st October 1988 and having a maximum gross weight exceeding 3500 kg, but any such vehicle shall be equipped with two belt anchorages designed to hold securely in position on the vehicle lap belts for the driver’s seat and each forward-facing front seat; or

(b)a coach equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for all exposed forward-facing seats and which—

(i)comply with the requirements in paragraph (4)(b); or

(ii)in any case where the anchorage points form part of a seat, do not when a forward horizontal force is applied to them become detached from the seat of which they form part before that seat becomes detached from the vehicle.

(4B) Instead of complying with the requirements in paragraph (4), a vehicle may comply with Community Directive 76/115 or 81/575 or 82/318 or ECE Regulation 14.

(5) Save as provided in paragraph (5A), a vehicle of a type mentioned in paragraphs (4), (4A) and (4B) which is fitted with anchorage points other than those required by those paragraphs shall comply with the requirements in paragraph (4)(b), or in the case of a coach the requirements in paragraph (4A)(b)(ii), in respect of any additional anchorage points as well as in respect of the anchorage points required by paragraph (4), (4A) or (4B) to be provided.

(5A) The requirements in paragraph (5) shall not apply in respect of any additional anchorage points first fitted before 1st April 1986 in the case of a vehicle of a type mentioned in paragraph (4)(a)(i)(A), or before 1st October 1988 in the case of a vehicle of any other type.

(6) In this regulation—

(a)the expressions “exposed forward-facing seat”, “forward-facing seat”, “forward-facing front seat”, “lap belt”, “seat belt” and “specified passenger’s seat” have the same meaning as in regulation 47(8); and

(b)the expression “non-protected seat” means a seat other than a front seat which does not satisfy the requirements of section 4.3.3 of Annex 1 to Community Directive 81/575.

Seat belts

47.—(1) This regulation applies to every vehicle to which regulation 46 applies.

(2) Save as provided in paragraph (4) a vehicle to which—

(a)this regulation applies which was first used before 1st April 1981 shall be provided with—

(i)a body-restraining belt, designed for use by an adult, for the driver’s seat; and

(ii)a body-restraining belt for the specified passenger’s seat (if any);

(b)this regulation applies which is first used on or after 1st April 1981 shall be provided with three-point belts for the driver’s seat and for the specified passenger’s seat (if any);

(c)regulation 46(4)(a)(ii) or (iii) applies which is first used on or after 1st April 1987 shall be fitted with seat belts additional to those required by sub-paragraph (b) as follows—

(i)for any forward-facing front seat alongside the driver’s seat, not being a specified passenger’s seat, a seat belt which is a three-point belt, or a lap belt installed in accordance with paragraph 3.1.2.1 of Annex 1 to Community Directive 77/541 or a disabled person’s belt;

(ii)in the case of a passenger or dual-purpose vehicle having not more than two forward-facing seats behind the driver’s seat with either—

(A) an inertia reel belt for at least one of those seats, or

(B) a three-point belt, a lap belt, a disabled person’s belt or a child restraint for each of those seats;

(iii)in the case of a passenger or dual-purpose vehicle having more than two forward-facing seats behind the driver’s seat, with either—

(A) an inertia reel belt for one of those seats being an outboard seat and a three-point belt, a lap belt, a disabled person’s belt or a child restraint for at least one other of those seats;

(B) a three-point belt for one of those seats and either a child restraint or a disabled person’s belt for at least one other of those seats; or

(C) a three-point belt, a lap belt, a disabled person’s belt or a child restraint for each of those seats.

(d)regulation 46(4)(a)(i)(B) applies shall be fitted with seat belts as follows—

(i)for the driver’s seat and the specified passenger’s seat (if any) a three-point belt; and

(ii)for any forward-facing front seat which is not a specified passenger’s seat, a three-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);

(e)regulation 46(4A)(b) applies shall be equipped with seat belts which shall be three-point belts, lap belts or disabled person’s belts.

  • Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat of a coach (other than the driver’s seat) either—

    (i)

    there shall be provided padding to a depth of not less than 50 millimetres on the surface of any bar or partition which is, or any part of which is, forward of and within 1 metre of the intersection of the back rest and the cushion of the seat in question and such padding shall extend for not less than 150 mm on either side of that point on the bar or partition which would be bisected by a prolongation of the longitudinal centreline of the seat; or

    (ii)

    the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met.

(3) Every seat belt for an adult, other than a disabled person’s belt, provided for a vehicle in accordance with paragraph (2)(b), (c), (d) or (e) shall, except as provided in paragraph (6), comply with the installation requirements specified in paragraph 3.2.2 to 3.3.4 of Annex 1 to Community Directive 77/541 whether or not that Directive applies to the vehicle.

(4) The requirements specified in paragraph (2) do not apply—

(a)to a vehicle while it is being used under a trade licence within the meaning of section 16 of the 1971 Act;

(b)to a vehicle, not being a vehicle to which the Type Approval (Great Britain) Regulations apply, while it is being driven from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles—

(i)to premises of a distributor of or dealer in vehicles or of the purchaser of the vehicle, or

(ii)to premises of a person obtaining possession of the vehicle under a hiring agreement or hire-purchase agreement;

(c)in relation to any seat for which there is provided—

(i)a seat belt which bears a mark including the specification number of the British Standard for Passive Belt Systems, namely BS AU 183:1983 and including the registered certification trade mark of the British Standards Institution; or

(ii)a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps which bears a British Standard mark or a mark including the specification number for the British Standard for Seat Belt Assemblies for Motor Vehicles, namely BS 3254:1960 or BS AU 160c and including the registered certification trade mark of the British Standards Institution, or the marking designated in item 16 in Schedule 2 to the Approval Marks Regulations;

(d)in relation to the driver’s seat or the specified passenger’s seat (if any) of a vehicle which has been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability, in a case where a disabled person’s belt for an adult person is provided for use for that seat;

(e)to a vehicle to which regulation 46(4A)(a) applies.

(5) Every seat belt provided in pursuance of paragraph (2) shall be properly secured to the anchorage points provided for it in accordance with regulation 46; or, in the case of a child restraint, to anchorages specially provided for it or, in the case of a disabled person’s belt, secured to the vehicle or to the seat which is being occupied by the person wearing the belt.

(6) Paragraph (3), in so far as it relates to the second paragraph of paragraph 3.3.2 of the Annex there mentioned (which concerns the locking or releasing of a seat belt by a single movement) does not apply in respect of a seat belt fitted for—

(a)a seat which is treated as a specified passenger’s seat by virtue of the provisions of sub-paragraph (ii) in the definition of “specified passenger’s seat” in paragraph (8); or

(b)any forward-facing seat for a passenger alongside the driver’s seat of a goods vehicle which has an unladen weight of more than 915 kg and has more than one such seat, any such seats for passengers being joined together in a single structure; or

(c)any seat (other than the driver’s seat) fitted to a coach.

(7) Every seat belt, other than a disabled person’s belt or a seat belt of a kind mentioned in paragraph 4(c)(i) or (ii) above, provided for any person in a vehicle to which this regulation applies shall be legibly and permanently marked—

(a)if the vehicle was first used before 1st April 1981 or if the belt is a child restraint, with a British Standard mark or a designated approval mark; or

(b)in any other case, with a designated approval mark.

  • Provided this paragraph shall not operate so as to invalidate the exception permitted in paragraph (6).

(8) In this regulation—

“body-restraining belt” means a seat belt designed to provide restraint for both the upper and lower parts of the trunk of the wearer in the event of an accident to the vehicle;

“British Standard mark” means a mark consisting of—

(i)

the specification number of one of the following British Standards for Seat Belt Assemblies for Motor Vehicles, namely—

(a)

if it is a seat belt for an adult, BS 3254:1960 and BS AU 160a or 160b; or

(b)

if it is a child restraint, BS 3254:1960, or BS 3254:1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210, BS AU 157 or 157a, BS AU 185, BS AU 186 or 186a, BS AU 202; and, in either case,

(ii)

the registered certification trade mark of the British Standards Institution;

“child restraint” means a seat belt for the use of a young person which is designed either to be fitted directly to a suitable anchorage or to be used in conjunction with a seat belt for an adult and held in place by the restraining action of that belt:

Provided that for the purposes of paragraph (2)(c)(ii)(B) and (2)(c)(iii) it means only such seat belts fitted directly to a suitable anchorage and excludes belts marked with the specification numbers BS AU 185 and BS AU 186 or 186a.

“crew seat” has the same meaning as in regulation 3(1) of the Public Service Vehicles (Conditions of Fitness Equipment, Use and Certification) Regulations 1981;

“designated approval mark” means

(a)

if it is a seat belt other than a child restraint, the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at item 16 of Schedule 2 to those Regulations or the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 23 and 23A in Schedule 4 to those Regulations, and

(b)

if it is a child restraint, either of the markings designated as approval marks by regulation 4 of those Regulations and shown at item 44 and 44A in Schedule 2 to those Regulations.

“disabled person’s belt” means a seat belt which has been specially designed or adapted for use by an adult or young person suffering from some physical defect or disability and which is intended for use solely by such a person;

“exposed forward-facing seat” means—

(i)

a forward-facing front seat (including any crew seat) and the driver’s seat; and

(ii)

any other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;

“forward-facing seat” means a seat which is attached to a vehicle so that it faces towards the front of the vehicle in such a manner that a line passing through the centre of both the front and the back of the seat is at an angle of 30° or less to the longitudinal axis of the vehicle;

“forward-facing front seat” means—

(i)

any forward-facing seat alongside the driver’s seat; or

(ii)

if the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (i) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;

“forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;

“high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle;

“inertia reel belt” means a three-point belt of either of the types required for a front outboard seating position by paragraph 3.1.1 of Annex 1 to Community Directive 77/541;

“lap belt” means a seat belt which passes across the front of the wearer’s pelvic region and which is designed for use by an adult;

“seat” includes any part designed for the accommodation of one adult of a continuous seat designed for the accommodation of more than one adult;

“seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle and includes, in the case of a child restraint, any special chair to which the belt is attached;

“specified passenger’s seat” means—

(i)

in the case of a vehicle which has one forward-facing front seat alongside the driver’s seat, that seat, and in the case of a vehicle which has more than one such seat, the one furthest from the driver’s seat; or

(ii)

if the vehicle normally has no seat which is the specified passenger’s seat under sub-paragraph (i) of this definition the forward-facing front seat for a passenger which is the foremost in the vehicle and furthest from the driver’s seat, unless there is a fixed partition separating that seat from the space in front of it alongside the driver’s seat; and

“three-point belt” means a seat belt which—

(i)

restrains the upper and lower parts of the torso;

(ii)

includes a lap belt;

(iii)

is anchored at not less than three points; and

(iv)

is designed for use by an adult.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 in two main respects. First, there are new requirements as to the strength of the superstructure of single decked coaches (defined as buses weighing more than 7.5 tonnes and having a maximum speed of more than 60 mph and, for the purposes of the new provisions, equipped with under-floor luggage compartments) and as to the emergency exits with which double-decked coaches are to be equipped. Secondly, there are changes in the requirements as to seat belts and their anchorages for goods vehicles, minibuses and coaches.

Regulation 4 introduces into section J (protective systems) two new regulations. New regulation 53A requires single-decked coaches first used on or after 1st April 1990 to comply with ECE Regulation 66: the effect is to require such vehicles to be built with sufficient superstructure and roof strength to provide a survival space for passengers in the event of a roll-over accident. New regulation 53B requires that either a second staircase or a means of breaking the side windows in case of emergency shall be provided in the upper deck of double-decked coaches.

Regulations 5 to 7 amend respectively regulations 46 (seat belt anchorage points), 47 (seat belts) and 48 (maintenance of seat belts and anchorage points).

The principal changes are—

(a)to extend the requirement to fit seat belts and their anchorages to certain seats on coaches, to the front seats of minibuses constructed or adapted to carry more than 12 passengers, and to the centre front seats of minibuses, motor ambulances and motor caravans; and

(b)to extend the requirement to fit seat belt anchorages, capable of taking lap belts, to heavy goods vehicles.

These new requirements will apply to vehicles first used on or after 1st October 1988. The current exemption from fitting a seat belt and its anchorages to the specified front seat, where there is a fixed partition separating that seat from the space alongside the driver’s seat, is revoked from that date for new vehicles. Other changes reflect amendments to the British Standards mentioned in the Regulations.

Regulations 46 and 47 as amended by these regulations are set out in the Schedule.

Copies of the British Standards (and amendments thereto) mentioned in the Regulations are available from the British Standards Institution, Linford Wood, Milton Keynes MK14 6LE (telephone number 0908 320060).

(2)

S.I. 1979/571 and 1981/238.

(3)

S.I. 1986/1078, to which there are no relevant amending instruments.

(4)

S.I. 1981/257, to which there are no relevant amending instruments.

(5)

S.I. 1981/257; the definition of “crew seat” was inserted by S.I. 1982/1058, regulation 3.

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