The Road Vehicles (Construction and Use) (Amendment) Regulations 1995

Commencement and citation

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.

Preliminary

2.  The Road Vehicles (Construction and Use) Regulations 1986(1) shall be further amended in accordance with the following provisions of these Regulations.

Amendments to Regulation 15 (braking systems of certain vehicles first used on or after 1st April 1983)

3.—(1) Regulation 15 shall be amended as follows.

(2) In paragraph (1), the words “except sub–paragraph (b)(ii)” shall be omitted, for the words “the trailer” there “1983 or” in the proviso there shall be inserted the word “which”.

(3) In paragraph (1A), the words “(b) and (c)” shall be omitted.

(4) In paragraph (1C), the words “(b) and (c)” shall be omitted, for “(5)” there shall be substituted “(5A)” and after the words “1992 or” in the first place where they appear there shall be inserted the word “which,”.

(5) After paragraph (1C) there shall be inserted the following paragraph—

“(1D) Save as provided in paragraphs (2), (3), (3A) and (5A), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1995 or which, in the case of a trailer, is manufactured on or after that date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 91/422(2), and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1995 or which, in the case of a trailer, was manufactured before that date to comply with the said requirements instead of complying with paragraph (1), (1A) or (1C) or with regulations 16 and 17.”.

(6) In item 1 of the Table, for the words “and adapted” there shall be substituted the words “or adapted”.

(7) In paragraph (2), for “and (1C)” there shall be substituted “, (1C) and (1D)” and in sub–paragraph (j) for the word “and” there shall be substituted the word “or”.

(8) In paragraph (3)—

(a)for “and (1C)” there shall be substituted “, (1C) and (1D)”;

(b)in sub–paragraph (a) for “and 88/194” there shall be substituted “, 88/194 and 91/422” and for “or 88/194” there shall be substituted “, 88/194 or 91/422”;

(c)for paragraph (b), there shall be substituted the following paragraph—

“(b)in items 2 and 3—

(i)the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194 and 91/422 shall not apply in relation to any vehicle first used before 1st April 1996;

(ii)those requirements shall not apply in relation to any relevant bus first used on or after that date;

(iii)sub–note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194 and 91/422 shall not apply in relation to any vehicle,

and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;”;

(d)in sub–paragraph (d)(i), after the words “the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990”(3) there shall be inserted the words “, or the corresponding fee prescribed under any corresponding previous enactment” and for the words “belongs complies” there shall be substituted the words “belonged complied”.

(9) In paragraph (3A), for the words “paragraph (1A)” there shall be substituted the words “paragraphs (1A), (1C) and (1D)”.

(10) After paragraph (3A), there shall be inserted the following paragraph—

“(3B) No motor vehicle to which paragraph (1D) applies and which is first used on or after 1st April 1996 shall be fitted with an integrated retarder unless either—

(a)the motor vehicle is fitted with an anti–lock device which acts on the retarder and which complies with the requirements specified in Annex X to Community Directive 91/422; or

(b)the retarder is fitted with a cut–out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat;

and expressions (other than the word “vehicle”) used in this paragraph which are also used in Annex I to Community Directive 85/647 shall, for the purposes of this paragraph, have the same meanings as in that Annex save that “retarder” shall not in any circumstances include a regenerative braking system.”.

(11) In paragraph (5A), after “(1C)” there shall be inserted “or (1D)”.

(12) In paragraph (7), for “or 88/194” there shall be substituted the words “, 88/194 or 91/422”.

(13) Regulation 15, as amended by this regulation and previous regulations with minor adjustments to the punctuation and spelling, is set out in the Schedule to these Regulations.

Amendments to regulation 16 (braking systems of vehicles to which regulation 15 does not apply)

4.—(1) Regulation 16 shall be amended as follows.

(2) In paragraph (2), for “or (1C)” there shall be substituted “, (1C) or (1D)” and for “or 88/194” there shall be substituted “, 88/194 or 91/422”.

(3) After paragraph (6), there shall be inserted the following paragraph—

“(6A) Paragraph (5A) does not apply to—

(a)a vehicle with a maximum speed not exceeding 25 km/h; or

(b)a vehicle fitted for an invalid driver.”.

Amendments to regulation 17 (vacuum or pressure brake warning devices)

5.—(1) Regulation 17 shall be amended as follows.

(2) In paragraph (2)(a), for “or (1C)” there shall be substituted “, (1C) or (1D)” and for “or 88/194” there shall be substituted “, 88/194 or 91/422”.

Amendments to regulation 18 (maintenance and efficiency of brakes)

6.—(1) Regulation 18 shall be amended as follows.

(2) In paragraph (2), the word “and” immediately after sub–paragraph (b) shall be omitted and after sub–paragraph (c) there shall be inserted—

“and

(d)an industrial tractor.”.

(3) In Table I—

(a)in item 1, for “or 88/194” there shall be substituted “, 88/194 or 91/422”; and

(b)in item 3, after the words “Goods vehicles” there shall be inserted the words “and buses (in each case)”.

(4) After paragraph (4), there shall be inserted the following paragraphs—

“(4A) A bus shall be deemed not to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(4B) For the purposes of paragraph (4A), the relevant weight,—

(a)in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and

(b)in relation to a bus first used before that date, is the weight specified in paragraph (4C).

(4C) The weight referred to in paragraph (4B)(b) is—

(5) In paragraph (8), for “88/194” there shall be substituted “, 88/194 or 91/422”.

(6) After paragraph (8), there shall be inserted the following paragraph—

“(9) In this regulation—

“PSV” means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981(4);

“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under section 26 of the Public Passenger Vehicles Act 1981.”.

Amendments to regulation 25 (tyre loads and speed ratings)

7.—(1) Regulation 25 shall be amended as follows.

(2) In paragraph (1), for the words “paragraphs (3), (4) and (7A)” there shall be substituted the words “paragraphs (3), (4), (7A) and (7B)”.

(3) In paragraph (7A), after the words “shall not apply to” there shall be inserted the words “any tyre fitted to the axle of” and for the word “it” there shall be substituted the words “the vehicle”.

(4) After the Table in paragraph (7A), there shall be inserted the following paragraphs—

“(7B) Paragraph (7C) applies where a tyre fitted to the axle of a vehicle—

(a)bears a speed category symbol and load–capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;

(b)is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and

(c)is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table III above.

(7C) In the circumstances mentioned in paragraph (7B), paragraph (7) shall not apply to the tyre if—

(a)the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the less), and

(b)the load on the tyre does not exceed the load indicated by the load–capacity index.”.

Amendments relating to trailers

8.  After regulation 86, there shall be inserted the following—

“Use of secondary coupling on trailers

86A.—(1) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if the trailer—

(a)is a trailer to which regulation 15 applies; and

(b)is not fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,

unless the requirements of paragraph (2) are met in relation to the motor vehicle and trailer.

(2) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that a secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of the separation of the main coupling while the trailer is in motion,—

(a)the drawbar of the trailer would be prevented from touching the ground; and

(b)there would be some residual steering of the trailer.

(3) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if—

(a)the trailer is a trailer to which regulation 15 applies;

(b)the trailer is fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion;

(c)the operation of the device in those circumstances depends upon a secondary coupling linking the device to the motor vehicle; and

(d)the trailer is not also fitted with a device which is designed to stop the trailer automatically in those circumstances in the absence of such a secondary coupling,

unless the requirements of paragraph (4) are met in relation to the motor vehicle and trailer.

(4) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that the secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of the separation of the main coupling while the trailer is in motion, the device of the kind referred to in paragraph (3)(b) and (c) fitted to the trailer would stop the trailer.

(5) This regulation is without prejudice to any other provision in these Regulations.”.

Amendments to Schedule 2

9.—(1) Schedule 2 shall be amended as follows.

(2) In Table I, after item 61, there shall be inserted the following item—

Amendments to Schedule 3 (braking requirements)

10.—(1) Schedule 3 shall be amended as follows.

(2) In the Table, in items 4 and 6, for “or 88/194” there shall be substituted “, 88/194 or 91/422”.