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The Road Vehicles (Construction and Use) Regulations 1986

Type Statutory-Instrument

Publication 1986-06-25

Last updated 2025-04-29

State In force

Department Westlaw

Source legislation.gov.uk

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SCHEDULE 13 — PLATE FOR RESTRICTED SPEED VEHICLE

1

A vehicle displays a plate in accordance with the requirements of this Schedule if a plate in respect of which the following conditions are satisfied is displayed on the vehicle in a prominent position.

(2) The conditions are–

(a) the plate must be in the form shown in the diagram below;

(b) the plate must be at least 150mm wide and at least 120mm high;

(c) the figures “5” and “0” must be at least 100mm high and 50mm wide with a stroke width of at least 12mm, the figures being black on a white background; and

(d) the border must be black and between 3mm and 5mm wide.

Fuel tanks

36B

(1) Subject to paragraph (14), this regulation applies to every motor vehicle , not being a motor vehicle to which paragraph (1B) applies, which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1A) Subject to paragraph (14), this regulation also applies to every motor vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1B) Subject to paragraph (14), this regulation also applies to every motor vehicle, ... which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(d) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended by amendments up to and including those effected by Commission Directive 2001/27/EC; and

(e) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90km/h;

and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (14), this regulation also applies to every vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 12,000 kg;

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment or against any interruption of its power supply; and

(b) be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle ... must be calibrated to a set speed not exceeding 60 mph.

(9) ... the requirements of this paragraph are that a speed limiter fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle or a paragraph (2) vehicle must be set so that the stabilised speed of the vehicle must not exceed 90 km/h.

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date ... must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle and a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council.

(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Paragraph (7)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

(a) which is being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b) which is completing a journey in the course of which the speed limiter has accidentally ceased to function;

(d) is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e) while it is being used for fire brigade Scottish Fire and Rescue Service or, in England or Wales, fire and rescue authority or, in England, fire and rescue authority, ambulance or police purposes; ...

(f) at a time when it is being used on a public road during any calendar week if—

(i) it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii) it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994 ; or

(g) which is an emergency tactical response vehicle operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order within Her Majesty’s prisons or immigration detention centres.

(15) In this regulation

“equivalent standard”, “Part 1 of the British Standard”, ... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A;

“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC);

“international transport operations” means transport operations outside the United Kingdom;

“national transport operations” means transport operations within the United Kingdom;

... “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen

“set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and

... “set” in relation to a speed limiter fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle and a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly;

“transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a) in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b) in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c) in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by Schedule 10 or 10B) or in column (4) of the plate (where the plate is in the form required by Schedule 10A or 10C).

Audible warning instruments

Motor cycle sidestands

70B

(1) This regulation applies to a vehicle which is not a goods vehicle fitted in accordance with regulation 70 with a Ministry plate containing the particulars required by Schedule 10A or 10C and which is either—

(a) a bus or a heavy motor car and which was manufactured after 31st May 1998; or

(b) a trailer used in combination with a vehicle falling within paragraph (a) and manufactured after 31st May 1998.

(2) A vehicle to which this regulation applies shall not be used unless—

(a) the vehicle is equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position and containing the particulars as to the dimensions of the vehicle specified in Annex III of Community Directive 96/53/EC; or

(b) those particulars are included in the particulars shown on the plate with which the vehicle is equipped in accordance with regulation 66.

Marking of weights on certain vehicles

Additional markings

Test date discs

Testing and Inspection

Marking of wide loads

5

(a) Subject to sub-paragraph (d), every load carried on a vehicle in circumstances where this paragraph applies shall be fitted on each side and in the prescribed manner, with—

(i) a prescribed marker in such a position that it is visible from the front of the vehicle, and

(ii) a prescribed marker in such a position that it is visible from the rear of the vehicle,

(b) For the purposes of sub-paragraph (a)—

(i) a marker on a side of the load is fitted in the prescribed manner if at least part of it is within 50mm of a longitudinal plane passing through the point on that side of the load which is furthest from the axis of the vehicle; and

(ii) a prescribed marker is a marker of the size, shape and colour described in Part II of this Schedule.

(c) Every marker fitted pursuant to this paragraph shall be kept clean and between sunset and sunrise be illuminated by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road.

(d) If the load does not extend beyond the longitudinal plane passing through the extreme projecting point on one side of the vehicle, it shall not be necessary for a marker to be fitted to the load on that side.

Speed limiters — authorised sealers

36C

Schedule 3B (authorised sealers) shall have effect.

Audible warning instruments

Motor cycle sidestands

SCHEDULE 3B — AUTHORISED SEALERS

PART I — general

1

The Secretary of State may authorise—

(a) an individual proposing to seal speed limiters other than on behalf of another person;

(b) a firm; or

2

An authorised sealer shall comply with the conditions set out in Part II of this Schedule and with such other conditions as may from time to time be imposed by the Secretary of State.

3

An authorised sealer may charge for sealing a speed limiter.

4

The Secretary of State may at any time withdraw an authorisation granted under this Schedule.

5

(1) An authorisation under this Schedule in respect of an individual shall terminate if—

(a) he dies;

(b) is made bankrupt or, in Scotland, has his estate sequestrated; or

(c) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the authorisation or, in Scotland, becomes incapable of managing his own affairs.

(2) An authorisation under this Schedule in respect of a firm shall terminate if the firm is dissolved or if all the partners are adjudged bankrupt.

(3) An authorisation under this Schedule in respect of a company shall terminate if—

(a) the company goes into liquidation or enters administration;

(b) a receiver or manager of the trade or business of the company is appointed; or

(c) possession is taken by or on behalf of the holders of any debenture secured by a floating charge, or any property of the company comprised in or subject to the charge, occurs.

PART II — the conditions

6

An authorised sealer shall not—

(a) seal a speed limiter fitted to a vehicle to which regulation 36A applies unless he is satisfied that the speed limiter fulfils the requirements of—

(i) paragraph (5)(b);

(ii) paragraph (6), (7) or (7A); and

(iii) paragraph (8) or (9),

of that regulation, or

(b) seal a speed limiter fitted to a vehicle to which regulation 36B applies unless he is satisfied that the speed limiter fulfils the requirements of—

(i) paragraph (7)(b);

(ii) paragraph (8) or (9); and

(iii) paragraph (10) or (11),

of that regulation.

7

When sealing a speed limiter fitted to a vehicle to which regulation 36A applies, an authorised sealer shall do so in such a manner that the speed limiter fulfils the requirements of paragraph (5)(a) of that regulation.

8

When sealing a speed limiter fitted to a vehicle to which regulation 36B applies, an authorised sealer shall do so in such a manner that the speed limiter fulfils the requirements of paragraph (7)(a) of that regulation.

9

When an authorised sealer has sealed a speed limiter fitted to a vehicle to which section 36A applies he shall supply the owner with a plate which fulfils the requirements of regulation 70A.

10

When an authorised sealer has sealed a speed limiter fitted to a vehicle to which section 36B applies he shall supply the owner with a plate which fulfils the requirements of regulation 70A

PART I (see regulation 75) — MAXIMUM PERMITTED LADEN WEIGHTS OF (1) TRAILERS AND (2) HEAVY MOTOR CARS AND MOTOR CARS NOT FITTED WITH ROAD FRIENDLY SUSPENSION; IN EACH CASE NOT FORMING PART OF AN ARTICULATED VEHICLE

1

The maximum permitted laden weight of a two or three axle vehicle to which this Part applies of a description specified in column 2 of Table I below shall, for the purposes of regulation 75, be the weight specified in column 3 of that item.

2

In the case of a vehicle to which this Part applies and which is not of a description specified in an item in column 2 of Table I below, the maximum permitted laden weight shall, for the purposes of regulation 75, be the weight specified in column 4 of Table II below in the item which is appropriate having regard to columns 2 and 3 of that Table.

(1)	(2)	(3)
Item	Description of Vehicle	Maximum permitted laden weight (kg)
1	A two axle trailer in which—the two axles are closely spaced, andthe distance between the foremost axle of the trailer and the rearmost axle of the drawing vehicle is at least 4.2m	18,000
2	A three axle trailer in which—the three axles are closely spaced, andthe distance between the foremost axle of the trailer and the rearmost axle of the drawing vehicle is at least 4.2m	24,000
3	A two axle motor vehicle which is a goods vehicle in which the distance between the foremost and rearmost axles is at least 3.0m	17,000
4	A two axle trailer in which the distance between the foremost axle and the rearmost axle is at least 3.0m	18,000
(1)	(2)	(3)
---	---	---
Item	No. of axles	Distance between foremost and rearmost axles (metres)
1	2	Less than 2.65
2	2	At least 2.65
3	3 or more	Less than 3.0
4	3 or more	At least 3.0 but less than 3.2
5	3 or more	At least 3.2 but less than 3.9
6	3 or more	At least 3.9 but less than 4.9
7	3	At least 4.9
8	4 or more	At least 4.9 but less than 5.6
9	4 or more	At least 5.6 but less than 5.9
10	4 or more	At least 5.9 but less than 6.3
11	4 or more	At least 6.3

PART IA (see regulation 75) — MAXIMUM PERMITTED GROSS WEIGHTS FOR HEAVY CARS AND MOTOR CARS IF THE DRIVING AXLES ARE FITTED WITH ROAD FRIENDLY SUSPENSION ETC AND IN EACH CASE NOT FORMING PART OF AN ARTICULATED VEHICLE

1

Subject to paragraph 2, the maximum permitted gross weight of a vehicle to which this Part applies shall, for the purposes of regulation 75, be the weight shown in column 4 of the Table below in the item which is appropriate, having regard to columns 2 and 3 in that Table.

2

In the case of a vehicle to which this Part applies being a two axle goods vehicle which has a distance between its axles of at least 3.0m, the maximum permitted laden weight for the purposes of regulation 75 shall be 17,000 kg.

(1)	(2)	(3)	(4)
Item	No. of axles	Distance between foremost and rearmost axles (metres)	Maximum permitted laden weight (kg)
1	2	Less than 2.65	14,230
2	2	At least 2.65	16,260
3	3 or more	Less than 3.0	16,260
4	3 or more	At least 3.0 but less than 3.2	18,290
5	3 or more	At least 3.2 but less than 3.9	20,330
6	3 or more	At least 3.9 but less than 4.9	22,360
7	3 or more	At least 4.9 but less than 5.2	25,000
8	3	At least 5.2	26,000
9	4 or more	At least 5.2 but less than 6.4	The distance in metres between the foremost and rearmost axles multiplied by 5,000, rounded up to the next 10 kg
10	4 or more	At least 6.4	32,000

PART IV (see regulation 77) — MAXIMUM PERMITTED LADEN WEIGHT OF ARTICULATED VEHICLES

(1)	(2)	(3)
Item	Type of articulated vehicle	Maximum permitted weight (kg)
1	Motor vehicle first used on or after 1st April 1973 and semi-trailer having a total of 5 or more axles	38,000
2	Motor vehicle with 2 axles first used on or after 1st April 1973 and semi-trailer with 2 axles while being used for international transport	35,000
3	Motor vehicle with 2 axles first used on or after 1st April 1973 in which—every driving axle not being a steering axle is fitted with twin tyres; andevery driving axle is fitted with road friendly suspension;and a semi-trailer with 2 axles	35,000
4	Motor vehicle and semi–trailer having a total of 4 or more axles and not described in item 1, 2 or 3.	32,520
5	Motor vehicle with 2 axles first used on or after 1st April 1973 in which—every driving axle not being a steering axle is fitted with twin tyres; andevery driving axle is fitted with road friendly suspension;and a semi-trailer with 1 axle	26,000
6	Motor vehicle with 2 axles and a semi-trailer with 1 axle being a combination not described in item 5	25,000

PART V Regulation 79(2) — VEHICLES WITH TWO CLOSELY-SPACED AXLES

(1)	(2)	(3)
Item	Description of vehicle	Maximum permitted weight of the two closely spaced axles (kg)
1	A motor vehicle or trailer in which (in either case) the distance between the two closely-spaced axles is less than 1.3 metres	16,000
2	A vehicle being—a motor vehicle in which the distance between the two closely-spaced axles is at least 1.3m, ora trailer in which that distance is at least 1.3m and less than 1.5m,not being a vehicle described in item 3 or 4	18,000
3	A motor vehicle in which the distance between the two closely-spaced axles is at least 1.3m and—every driving axle not being a steering axle is fitted with twin tyres; andeither every driving axle is fitted with road friendly suspension or neither of the two closely-spaced axles has an axle weight exceeding 9,500 kg	19,000
4	A trailer in which—the two closely-spaced axles are driven from the motor vehicle drawing the trailer and are fitted with twin tyres; andeither those axles are fitted with road friendly suspension or neither of them has an axle weight exceeding 9,500 kg	19,000
5	A trailer in which the distance between the two closely-spaced axles is at least 1.5m and less than 1.8m	19,320
6	A trailer in which the distance between the two closely-spaced axles is at least 1.8m	20,000

PART VI Regulation 79(3) — VEHICLES WITH THREE CLOSELY-SPACED AXLES

(1)	(2)	(3)
Item	Description of vehicle	Maximum permitted weight of the three closely-spaced axles (kg)
1	A vehicle in which the smallest distance between any two of the three closely-spaced axles is less than 1.3m	21,000
2	A vehicle in which the smallest distance between any two of the three closely-spaced axles is at least 1.3m and at least one of those axles does not have air suspension	22,500
3	A vehicle in which the smallest distance between any two of the three closely-spaced axles is at least 1.3m and all three axles are fitted with air suspension	24,000

...

SCHEDULE 10B

Note: A weight is not required in the box for Maximum Train Weight unless the vehicle is capable of being lawfully used on a road in Great Britain, having regard to Schedule 11A, at a greater train weight than the train weight at which it could lawfully be used ignoring that Schedule.

SCHEDULE 10C

SCHEDULE 11A (see regulations 76(1A), 77(2A) and 80(2B)) — Exceptions relating to intermodal transport operations

PART I — GENERAL

1

Regulation 76 does not apply to a wheeled heavy motor car drawing one wheeled trailer if the requirements set out in Part II of this Schedule are for the time being fulfilled.

2

Regulation 77 does not apply to an articulated vehicle if the requirements set out in Part III of this Schedule are for the time being fulfilled.

PART II — DRAWBAR COMBINATIONS

3

(1) The drawing vehicle and trailer must be carrying a relevant receptacle as part of an intermodal transport operation, each such receptacle being on a journey—

(a) to a railhead or water transport terminal from which the relevant receptacle is, as part of the operation, to be transported in a relevant manner by railway or waterborne transport pursuant to a relevant contract made before the journey began; or

(b) from a railhead or water transport terminal to which the relevant receptacle has, as part of the operation, been transported in a relevant manner by railway or waterborne transport.

(2) There must be carried in the cab of the drawing vehicle a document—

(a) if the vehicle is on a journey to a railhead or water transport terminal, specifying the railhead or water transport terminal, the date the relevant contact was made and the parties to that contract;

(b) if the vehicle is on a journey from a railhead or water transport terminal, specifying the railhead or water transport terminal and the date and time at which the receptacles were collected from that railhead or water transport terminal.

4

The following conditions must be satisfied in relation to the drawing vehicle, namely—

(a) it complies with the relevant braking requirement;

(b) every driving axle not being a steering axle is fitted with twin tyres; and

5

(1) The motor vehicle and trailer must have a total of at least 6 axles.

(2) The total laden weight of the motor vehicle and trailer must not exceed 44,000kg.

PART III — ARTICULATED VEHICLES

6

(1) The motor vehicle comprised in the articulated vehicle must be being used for the conveyance of a loading unit as part of an intermodal transport operation, the loading unit being on a journey—

(a) to a railhead or water transport terminal from which the loading unit is, as part of the operation, to be transported in a relevant manner by railway or waterborne transport pursuant to a relevant contract made before the journey began; or

(b) from a railhead or water transport terminal to which the loading unit has, as part of the operation, been transported in a relevant manner by railway or waterborne transport.

(2) If the loading unit is a bi–modal vehicle, the semi–trailer comprised in the articulated vehicle must be the bi–modal vehicle in its semi–trailer mode.

(3) If the loading unit is a relevant receptacle, the relevant receptacle must be being carried on the semi–trailer comprised in the articulated vehicle.

(4) There must be carried in the cab of the motor vehicle a document—

(a) if the vehicle is on a journey to a railhead or water transport terminal, specifying the railhead or water transport terminal, the date the contract was made and the parties to that contract;

(b) if the vehicle is on a journey from a railhead or water transport terminal, specifying the railhead or water transport terminal and the date and time at which the loading unit was collected from that railhead or water transport terminal.

7

The following conditions must be satisfied in relation to the motor vehicle, namely—

(a) it complies with the relevant braking requirements;

(b) it has at least three axles;

(d) either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500kg.

8

(1) The articulated vehicle must have a total of at least 6 axles.

(2) The laden weight of the articulated vehicle must not exceed the weight determined in accordance with sub-paragraph (3).

(3) The weight for the purposes of sub-paragraph (2) is the number of kilograms equal to the product of the distance measured in metres between the king-pin and the centre of the rearmost axle of the semi-trailer multiplied by 5500 and rounded up to the nearest 10 kg, if that number is less than 44000 kg.

PART IV — INTERPRETATION

9

(1) In this Schedule—

“bi–modal vehicle” means a semi–trailer which can be adapted for use as a railway vehicle or for waterborne transport;

“journey”, except in sub–paragraph (3), means a journey by road;

“loading unit” means a bi–modal vehicle , road-rail semi-trailer or a relevant receptacle;

“railhead” means a facility for the transhipment of—bi–modal vehicles from the ground onto the track of a railway, orrelevant receptacles from road vehicles onto railway vehicles situated on the track of a railway, or, road-rail semi-trailers from the ground onto railway vehicles on the track of a railway,or vice versa;

“relevant contract” means a contract for the transport of a loading unit by railway or waterborne transport;

“relevant receptacle” means a receptacle (not being a vehicle) having a length of at least 6.1m designed and constructed for repeated use for the carriage of goods on, and for transfer between, road vehicles and railway vehicles;

“road-rail semi-trailer” means a semi-trailer constructed or adapted so as to be capable of being both used as a semi-trailer on roads and carried on a railway vehicle;

“water transport terminal” means a facility for the transhipment of any of the following—a vehicle from the ground or from a railway vehicle onto a waterborne vessel;a vehicle from a waterborne vessel onto the ground or onto a railway vehicle;a relevant receptacle from the ground or from a road or rail vehicle onto a waterborne vessel;a relevant receptacle from a waterborne vessel onto the ground or onto a road or rail vehicle;a road-rail semi-trailer from the ground onto a waterborne vessel;a road-rail semi-trailer from a waterborne vessel onto the ground;

“road friendly suspension” and “twin tyres” have the meanings given by regulation 75; and

“network”, “network licence”, “railway vehicle”, “track” and “train” have the meanings given by section 83 of the Railways Act 1993.

(2) The definition of “railway” in section 67(1) of the Transport and Works Act 1992 shall have effect for the purposes of this Schedule as it has effect for the purposes of that Act, and cognate expressions shall be construed accordingly.

(3) In these Regulations, a reference to an intermodal transport operation is a reference to the transport of one or more containers or swap bodies where all of the following conditions are met—

(a) the total maximum length of the containers or swap bodies is no more than 45 feet;

(b) the initial or final leg of the journey uses the road;

(d) no goods are added to or removed from the loading unit between the time when the journey begins and when it ends; and

(e) the length of the initial or the final road leg does not exceed 150 km in Great Britain, except where necessary to reach the nearest transport terminal.

(4) Subject to sub–paragraph (5), for the purposes of this Schedule—

(a) a bi–modal vehicle shall be regarded as being transported by railway in a relevant manner if and only if the vehicle in its railway vehicle mode is travelling by railway as part of a train; ...

(b) a relevant receptacle shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train, and

(c) a road-rail semi-trailer shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train.

(5) A relevant receptacle shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when—

(a) the relvant receptacle is in or on a motor vehicle or trailer; and

(b) the motor vehicle or trailer is being carried on a railway vehicle.

(6) A road-rail semi-trailer shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when it is being carried on a railway vehicle as part of an articulated vehicle.

Silencers-general

Noise limits construction requirements relating to motor cycles

Exhaust systems motor cycles

57A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3.4.1) After removal of the fibrous material, the vehicle must meet the relevant requirements.

; and

for sub-paragraph 3.4.3 there were substituted—3.4.3After the exhaust system has been put into a normal state for road use by one of the following conditioning methods, the vehicle must meet the relevant requirements:;

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

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

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

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

(ii) the words after “legible”.

(8A) For the purposes of paragraphs (1)(b) and (2) in their application to vehicles with a design speed not exceeding 50km/h, Community Directive 89/235/EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of—

(a) sub-paragraph 3.1.3 of Annex II; and

(b) in sub-paragraph 3.2 of that Annex, the words “and 3.1.3”.

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

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

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

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

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

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

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

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

(14) In this regulation—

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

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

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

Noise limits maintenance requirements relating to motor cycles

57B

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

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

(3) The second condition is fulfilled if—

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

(b) the vehicle has been altered.

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

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

(b) had the vehicle not been altered.

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

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

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

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

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

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

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

Exceptions to regulations 55 to 58

Radio interference suppression

Emission of smoke, vapour, gases, oily substances etc

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

SCHEDULE 7A — MOTOR CYCLE NOISE AND MOTOR CYCLE SILENCERS

PART I

1

(1) For the purposes of these Regulations a vehicle meets the requirements of an item in the Table below if its sound level does not exceed by more than 1 dB(A) the relevant limit specified in column 2 in that item when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6).

(2) In this Part of this Schedule, “moped” has the same meaning as in regulation 57.

1	2	2	3	4
	Limits of sound level	Limits of sound level
Item	Mopeds	Vehicles other than mopeds	Conditions of measurement	Methods of measurement
1	73 dB(A)	Limit determined in accordance with paragraph 2.1.1 of Annex I to Community Directive 78/1015 by reference to the cubic capacity of the vehicle	Conditions specified in paragraph 2.1.3 of Annex I to Community Directive 78/1015	Methods specified in paragraph 2.1.4 of Annex I to Community Directive 78/1015
2	73 dB(A)	First stage limit determined in accordance with paragraph 2.1.1 of Annex I to Community Directive 87/56 by reference to the cubic capacity of the vehicle	Conditions specified in paragraph 2.1.3 of Annex I to Community Directive 87/56	Methods specified in paragraph 2.1.4 of Annex I to Community Directive 87/56
3	74 dB(A)	The limit specified in item 2 plus 1 dB(A)	As in item 2	As in item 2

PART II

2

The requirements of this paragraph are that the silencer—

(a) is so constructed that—

(i) it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193: 1983;

(ii) were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.2 of that Standard; and

(b) is clearly and indelibly marked “BS AU 193/T2”.

3

The requirements of this paragraph are that the silencer—

(a) is so constructed that—

(i) it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193a: 1990;

(ii) were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.2 of that Standard; and

(b) is clearly and indelibly marked “BS AU 193a: 1990/T2”

4

The requirements of this paragraph are that the silencer—

(a) is so constructed that—

(i) it meets the requirements of paragraphs 3 and 4 of British Standard BS AU 193a: 1990;

(ii) were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet the requirements of paragraph 5.3 of that Standard; and

(b) is clearly and indelibly marked “BS AU 193a: 1990/T3”.

5

In this Part of this Schedule—

(a) “British Standard BS AU 193: 1983” means the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193: 1983;

(b) “British Standard BS AU 193a: 1990” means the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193a: 1990.

PART III

6

Paragraph (4) of regulation 57A shall not apply to a replacement silencer if the second requirement referred to in that regulation would be met were there substituted in Part II of this Schedule,—

(a) for the references to provisions in either of the British Standard Specifications, references to equivalent provisions in a corresponding standard; and

(b) for the references to a mark, references to a mark made pursuant to that corresponding standard indicating that the silencer complies with those equivalent provisions.

7

In this Part of this Schedule, “corresponding standard”, in relation to a British Standard Specification, means—

(a) a standard or code of practice of a national standards body or equivalent body of any member State;

(b) any international standard recognised for use as a standard by any member State; or

(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any member State,

where the standard, code of practice, international standard or technical specification provides, in relation to motor cycles, a level of noise limitation and safety equivalent to that provided by the British Standard Specification and contains a requirement as respects the marking of silencers equivalent to that provided by that instrument.

8

A reference in this part of this Schedule to a British Standard Specification is a reference to British Standard BS AU 193: 1983 or British Standard BS AU 193a: 1990; and “either of the British Standard Specifications” shall be construed accordingly.

9

In this Part of this Schedule, “British Standard BS AU 193: 1983” and “British Standard BS AU 193a: 1990” have the same meanings as in Part II of this Schedule.

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.

Unbraked trailers

Use of bridging plates between motor vehicle and trailer

Leaving trailers at rest

Passengers in trailers

Attendants on trailers and certain other vehicles

Attachment of sidecars

Use of sidecars

Exceptions to regulations 55 to 57B

SCHEDULE 7B — EMISSIONS FROM CERTAIN MOTOR VEHICLES

PART I — VEHICLES PROPELLED BY SPARK IGNITION ENGINES

1

This Part of this Schedule applies to a vehicle if, when the engine is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine exceeds the relevant percentage of the total exhaust emissions from the engine by volume.

2

This Part of this Schedule also applies to a vehicle if, when the engine is running without load at a fast idling speed,—

(a) the carbon monoxide content of the exhaust emissions from the engine exceeds the relevant percentage of the total exhaust emissions from the engine by volume;

(b) the hydrocarbon content of those emissions exceeds 0.02% of the total exhaust emissions from the engine by volume; or

3

For the purposes of paragraph 1 of this Part of this Schedule the relevant percentage, in respect of a vehicle, is—

(a) if the vehicle is of a description specified in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 2(a) of that Annex; ...

(b) if the vehicle is not of such a description and is first used before 1st July 2002, 0.5%; or

4

For the purposes of this Part of this Schedule, in the case of a vehicle of a description specified in the Annex to the emissions publication, the engine shall be regarded as running at a normal idling speed if and only if the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and (c) respectively of that Annex.

5

For the purposes of this Part of this Schedule an engine shall be regarded as running at a fast idling speed if—

(a) the vehicle is of a description specified in the Annex to the emissions publication and the engine is running at a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b) the vehicle is not of such a description and the engine is running at a rotational speed between 2,500 and 3,000 revolutions per minute.

6

For the purposes of this Part of this Schedule, the lambda value, in respect of a vehicle, shall be regarded as being within relevant limits, if and only if—

(a) the vehicle is of a description specified in the Annex to the emissions publication and the lambda value is between the minimum and maximum limits shown against that description of vehicle in columns 3(c) and (d) respectively of that Annex; or

(b) the vehicle is not of such a description and the lambda value is between 0.97 and 1.03.

7

In this Part of this Schedule—

(a) a reference to the lambda value, in relation to a vehicle at any particular time, is a reference to the ratio by mass of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7; and

(b) “the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Nineteenth edition” (ISBN 978-1-84864-176-1) published by the Department for Transport.

PART II — VEHICLES PROPELLED BY COMPRESSION IGNITION ENGINES

8

(1) This Part of this Schedule applies to a vehicle if, when subjected to a relevant test, the coefficient of absorption of the exhaust emissions from the engine of the vehicle immediately after leaving the exhaust system exceeds—

(a) if the vehicle is first used before 1st July 2008 and the engine of that vehicle is turbo-charged, 3.0 per metre , or the manufacturer’s plate value if lower;

(b) if the vehicle is first used before 1st July 2008 and the engine of that vehicle is not turbo-charged, 2.5 per metre , or the manufacturer’s plate value if lower; or

(c) if the vehicle is first used on or after 1st July 2008 but before 1st January 2014, the manufacturer’s plate value if available, otherwise, 1.5 per metre;

(d) if the vehicle is first used on or after 1st January 2014, the manufacturer’s plate value if available, otherwise 0.7 per metre.

(2) In paragraph (1) “a relevant test” means a test conducted in accordance with—

(a) point 8.2.2 of Annex 1 of Directive 2014/45/EU; or

(b) point 8.2.2 of Annex 2 of Directive 2014/47/EU

9

In this Part of this Schedule—

(a) “coefficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Community Directive 72/306; ...

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

Noise limits—certain vehicles with 3 or more wheels—general

Noise limits—certain vehicles first used on or after 1st October 1996—general

55A

(1) A motor vehicle to which an item in the Table below applies shall be so constructed that it meets the requirements specified in column 4 of that item; and an item in that Table applies to a vehicle if it is of the description specified in column 2 of that item.

This paragraph has effect subject to the following provisions of this regulation, regulation 59 and Schedule 7XA.

(1)	(2)	(3)	(4)	(5)
Item	Vehicles to which the item applies	Earliest date of first use (see column 2)	The requirements	Modification of Community Directives in relation to special vehicles (See paragraph (4)(c))
1	1All motor vehicles with less than 4 wheels and first used on or after the date specified in column 3 of this item.2All special vehicles first used on or after the date specified in column 3 of this item.3All motor vehicles first used on or after the date specified in column 3 of this item with a maximum speed not exceeding 25 km/h.	1st October 1996	The requirements of—regulation 55 as they would apply to the vehicle but for paragraph (1A) of that regulation; orparagraphs 3 and 5.2 of Annex I to Community Directive 92/97 or 96/20.	For paragraph 5.2.2.1 of Annex I, substitute—The sound level measured in accordance with 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed—in the case of vehicles with engine power of less than 75 kW, 84 dB(A)in the case of vehicles with engine power not less than 75 kW, 86 dB(A).
2	All motor vehicles first used on or after the date specified in column 3 of this item, not being a vehicle to which item 1 applies.	1st October 1996	The requirements of paragraphs 3 and 5 of Annex I to Community Directive 92/97 or 96/20.

(2) Paragraph (1) does not apply to—

(a) a vehicle with fewer than 3 wheels; or

(b) a vehicle of a description mentioned in regulation 55(2).

(3) In this regulation, “special vehicle” means a vehicle which is—

(a) engineering plant;

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

(d) a public works vehicle; or

(e) a works truck.

(4) For the purposes of this regulation—

(a) subject to paragraphs (b), (c), (d) and (e), the Community Directives referred to in this regulation shall have effect in relation to a vehicle that is not a “vehicle” within the meaning of the Framework Directive but is of a class of a description specified in column 2 of an item in the Table in regulation 15 (whether or not regulation 15 applies to the vehicle) as it has effect in relation to a vehicle of the category specified in column 3 of that item;

(b) subject to paragraphs (c), (d) and (e), a vehicle that does not fall within sub-paragraph (a) and is not a “vehicle” within the meaning of the Framework Directive shall be regarded as meeting the requirements of paragraph 5 of a Community Directive mentioned in the Table if it meets—

(i) the requirements of that paragraph as it applies to a vehicle in category M₁ or N₁ within the meaning of the Community Directive, or

(ii) the requirements of that paragraph as it applies to a vehicle that is not in either of those categories;

(c) subject to sub-paragraphs (d) and (e), in relation to a special vehicle the Community Directives mentioned in column 4 of an item in the Table shall have effect with the modifications (if any) specified in column 5 of the item;

(d) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 92/97 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex V to the Community Directive in those circumstances;

(e) a requirement in paragraph 5.2.2.1 of Annex 1 to Community Directive 96/20 for a sound level not to exceed a specified limit in specified circumstances shall be read as a requirement for the sound level not to exceed that limit by more than the amount mentioned in paragraph 4.1 of Annex III to the Directive in those circumstances.

(5) Instead of complying with paragraph (1) a vehicle may comply at the time of its first use—

(a) in the case of a vehicle to which item 1 of the Table applies, with Community Directive 77/212, 81/334, 84/424, 92/97 or 96/20 or ECE Regulation 51.02; or

(b) in the case of a vehicle to which item 2 of the Table applies, with Community Directive 92/97 or 96/20 or ECE Regulation 51.02.

Noise limits—agricultural motor vehicles and industrial tractors

Noise limits construction requirements relating to motor cycles

Exhaust systems motor cycles

Noise limits maintenance requirements relating to motor cycles

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

Exceptions to regulations 55 to 57B

Radio interference suppression

Emission of smoke, vapour, gases, oily substances etc

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

SCHEDULE 7XA — END OF SERIES EXEMPTIONS

PART I — MODIFICATION OF REGULATIONS 55A, 61 AND 61A IN RELATION TO END OF SERIES VEHICLES

Modification of regulations 55A and 61

1

(1) An item numbered 2 or higher in the Table in regulation 55A shall not apply to—

(a) a type approval end of series vehicle;

(b) a non-type approval end of series vehicle; or

if it is first used before the first anniversary of the date specified in column 3 of the item.

(2) An item numbered 8, 9 or 11 in Table II of regulation 61 shall not apply to a type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(3) An item numbered 9 or 11 in Table II of regulation 61 shall not apply to a non-type approval end of series vehicle if it is first used before the first anniversary of the date specified in column 3 of the item.

(4) An item numbered 10 or higher (other than 11) in Table II of regulation 61 shall not apply to—

(a) a type approval end of series vehicle;

(b) a non-type approval end of series vehicle; or

if it is first used before the first anniversary of the date specified in column 3 of the item.

(4A) No provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 61A shall be deemed to be a design, construction or equipment requirement applying to, or to impose limit values in relation to, a vehicle by virtue of paragraphs (2) and (3) of regulation 61A, if the vehicle is—

(a) a type approval end of series vehicle,

(b) a non-type-approval end of series vehicle, or

in relation to such a provision, and the vehicle is first used before the first anniversary of the date as is specified (as defined in regulation 61A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 61A.

(4B) Paragraphs (5) and (6) of regulation 61B shall not apply to a type approval end of series vehicle, if it has been first used before 1st January 2018 and is lawfully equipped with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.

(5) Parts II, III and IV of this Schedule shall have effect for the purpose of interpreting the expressions “type approval end of series vehicle”, “non-type approval end of series vehicle” and “late entry into service vehicle” respectively for the purposes of this paragraph.

PART II — MEANING OF “TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Meaning of “type approval end of series vehicle” for the purposes of paragraph 1

2

(1) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle, in relation to item 8, 9 or 11 in Table II in regulation 61, if it meets the requirements of sub-paragraph (3) in relation to the item.

(2) For the purposes of paragraph 1 , and subject to regulation 3 of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007, a vehicle is a type approval end of series vehicle, in relation to an item numbered 2 or higher in the Table in regulation 55A or an item numbered 10 or higher (other than item 11) in Table II in regulation 61 or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A or paragraph (5) or (6) of regulation 61B if—

(a) by virtue of either item 2J of Schedule 1 or Schedule 1C to the Type Approval for Goods Vehicles Regulations, ... or

(b) by virtue of Schedule 1C to the Type Approval (Great Britain) Regulations, ...

( which , other than item 2J of Schedule 1, in certain circumstances defer the date on which certain requirements relating to exhaust emissions, air conditioning systems, noise and silencers cease to apply) the type approval requirements that applied to the vehicle on the date specified in column 3 of the item or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive or, in relation to paragraph (5) or (6) of regulation 61B, 1st January 2017, are the same as the type approval requirements that applied to the vehicle immediately before the date so specified in that column of that item or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, the date as is specified by the relevant Community Directive or, in relation to paragraph (5) or (6) of regulation 61B, immediately before 1st January 2017.

(2A) For the purposes of paragraph 1, a vehicle is a type-approval end of series vehicle in relation to an item in the Table in regulation 55A , or in Table II in regulation 61, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 61A, or paragraph (5) or (6) of regulation 61B if it has been exempted from that item or provision under—

(a) the laws of a relevant State (as defined by paragraph 5(1)(c)) other than the United Kingdom, or

(b) the laws applicable in Northern Ireland,

pursuant to Article 8(2)(b) of the Framework Directive , or Article 27 of Community Directive 2007/46.

(2B) For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to—

(a) an item numbered 2 or higher in the Table in regulation 55A,

(b) an item numbered 10 or higher (other than item 11) in Table II in regulation 61,

(d) paragraph (5) or (6) of regulation 61B,

if a direction given under regulation 12 or 13 of the EC Whole Vehicle Type Approval Regulations or regulation 31 or 32 of the Vehicle Approval Regulations is in force in relation to the vehicle.

(3) A vehicle meets the requirements of this sub-paragraph, in relation to the item, if—

(a) it was manufactured during the relevant period;

(b) one of the following conditions is satisfied—

(i) a certificate of conformity was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a TAC issued before the date specified in column 4 of the Table in paragraph 6 in relation to the item, or

(ii) a sub-MAC was issued in respect of the vehicle before the date specified in column 3 of the item by virtue of a MAC issued before the date specified in column 4 of that Table;

(d) the number of relevant vehicles which were—

(i) manufactured before that vehicle was manufactured, and

(ii) still in existence on the date specified in column 3 of that item, was less than the specified number of 50 (whichever is the greater).

(4) For the purposes of sub-paragraph (3)—

(a) “MAC” means a Minister’s approval certificate issued under section 58(1) of the Road Traffic Act 1988;

(b) “sub-MAC” means a Minister’s approval certificate issued under section 58(4) of the Road Traffic Act 1988; and

Meaning of “relevant vehicle” for the purposes of this Part

3

(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a) is a vehicle to which those Regulations apply;

(b) meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

(d) had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d) in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a) is a vehicle to which those Regulations apply;

(b) meets the requirements specified in paragraphs (a) to (c) of paragraph 2(3);

(d) had not been registered under the Vehicle Excise and Registration Act 1994 before the date specified in column 3 of the item.

Meaning of “specified number” for the purposes of this Part

4

(1) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval (Great Britain) Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

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

(b) registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

(2) For the purposes of paragraph 2(3)(d), in relation to a particular vehicle to which the Type Approval for Goods Vehicles Regulations apply (in this paragraph referred to as “the vehicle in question”) and a particular item, “the specified number” is 10% of the total number of vehicles to which those Regulations apply that were both—

(a) manufactured by the manufacturer of the vehicle in question, and

(b) registered under the Vehicles Excise Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of the item.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

5

(1) For the purposes of paragraph 2(3)(c)—

(a) at any material time before the 5th November 1993, “relevant state” means a member State;

(b) in relation to any time on or after 5th November 1993 but before 1st May 1995, “relevant state” means an EEA State other than Liechtenstein; and

(2) For the purposes of this paragraph—

“EEA agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on the 17th March 1993; and

“EEA State” means a State which is a contracting party to the EEA agreement.

Meaning of “relevant period” for the purposes of this Part

6

For the purposes of this Part, “the relevant period” in relation to an item numbered 8, 9 or 11 in Table II in regulation 61 is the period—

(a) beginning on the date specified in column 2 of the Table below against that item; and

(b) ending immediately before the date specified in column 3 of the Table below against that item.

1	2	3	4	5
Item in Table II in regulation 61	Date on which the relevant period begins:	Date immediately before which the relevant period ends.	Date before which type approval etc. needs to be granted	Date in column 3 of Table II in regulation 61
8	1st August 1990	1st September 1992	1st July 1992	31st December 1992
9	1st April 1991	1st October 1993	1st October 1993	1st October 1993
11	1st August 1992	1st August 1994	1st October 1993	1st October 1994

PART III — MEANING OF “NON-TYPE APPROVAL END OF SERIES VEHICLE” IN PART I

Meaning of “non-type approval end of series vehicle” in paragraph 1

7

(1) For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision.

(2) A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if—

(a) it is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations nor the EC Whole Vehicle Type Approval Regulations nor the Vehicle Approval Regulations apply;

(b) it was manufactured during the relevant period;

(d) it was in the territory of a relevant state at some time before the end of the relevant period; and

(e) the number of relevant vehicles which were both—

(i) manufactured before that vehicle was manufactured, and

(ii) still in existence on the date specified in column 3 in the item or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive, is less than the specified number, or 100, whichever is the greater.

Meaning of “relevant vehicle” for the purposes of this Part

8

For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item , or provision, a “relevant vehicle” is a vehicle (other than the vehicle in question) which—

(a) meets the requirements specified in paragraphs (a) to (d) of paragraph 7(2);

(b) is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);

(d) had not been registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the relevant period.

Meaning of “specified number” for the purposes of this Part

9

(1) For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item or provision, “the specified number” is 30% of the total number of vehicles that—

(a) are vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations nor the EC Whole Vehicle Type Approval Regulations apply; and

(b) meet the requirements of sub-paragraph (2).

(2) A vehicle meets the requirements of this paragraph if it—

(a) is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);

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

(c) was registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of that item or, in relation to any provision of any Community Directive specified in item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive.

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

10

Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 7(2)(d) as it has effect for the purposes of paragraph 2(3)(c).

Meaning of “relevant period” for the purposes of this Part

11

For the purposes of paragraphs 7(2)(d), “the relevant period”—

(a) in relation to an item numbered 9 or 11 in Table II in regulation 61 is the period—

(i) beginning on the date specified in column 2 of the Table below against the item, and

(ii) ending immediately before the date specified in column 3 of the Table below against the item; and

(b) in relation to any item in the Table in regulation 55A or any item numbered 10 or higher (other than 11) in the said Table II is the two year period ending immediately before the date specified in column 3 of that item ; and

(c) in relation to any provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 61A is the two year period ending immediately before the date as is specified (as defined in regulation 61A) by the relevant Community Directive in the Table.

1	2	3	4
Item in Table II in regulation 61	Date on which relevant period begins	Date immediately before which the relevant period ends	Date in column 3 of Table II in regulation 61
9	1st April 1991	1st October 1993	1st October 1993
11	1st August 1992	1st August 1994	1st October 1994

PART IV — MEANING OF “LATE ENTRY INTO SERVICE VEHICLE” IN PART I

Meaning of “late entry into service vehicle” in paragraph 1

12

For the purposes of paragraph 1, a vehicle is a late entry into service vehicle, in relation to an item or provision, if—

(a) no EC certificate of conformity has been issued in respect of the vehicle;

(b) it was in the territory of a relevant state at some time before the date specified in column 3 of the item or, in relation to any provision of any Community Directive specified in item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive;

Circumstances in which a vehicle is to be regarded as having been in the territory of a relevant state for the purposes of this Part

13

Paragraph 5 in Part II of this Schedule shall have effect for the purposes of paragraph 12(b) as it has effect for the purposes of paragraph 2(3)(c).

Couplings on trailer pneumatic braking systems

17A

(1) In this regulation—

“BS coupling” means a coupling which—is of the type, shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; andcomplies with the dimensions shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b:2000;

“the British Standard specification” means the British Standard specification for dimensions of ‘contact’ type couplings for air pressure braking systems on trailers and semi-trailers and their towing vehicles, and the arrangements of these couplings on articulated and drawbar combinations, published by the British Standards Institution under reference number BS AU 138a: 1980 or BS AU 138b: 2000;

“coupling”, “emergency line”, “secondary line” and “service line” have the same meanings as in the British Standard specification;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and

“EEA State” means a state which is a Contracting Party to the EEA Agreement.

(2) For the purposes of this regulation, a relevant coupling is a coupling that is physically capable of being connected to a BS coupling.

(3) Subject to paragraphs (6) and (7), no service line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type showin in figure 2 of the British Standard specification BS AU 138a:1980 or figure 4 of the British Standard specification BS AU 138b:2000;

(b) complies with the dimensions shown in that figure; and

(c) complies with paragraph 3.4.3 of that specification (except so far as it requires it to be of a type shown in that figure).

(4) Subject to paragraphs (6), (7) and (8) no emergency line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 3 of the British Standard specification BS AU 138a:1980 or figure 5 of the British Standard specification 138b:2000; and

(b) complies with the dimensions shown in that figure.

(5) Subject to paragraphs (6), (7) and (8) no secondary line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 6 of the British Standard specification BS AU 138a:1980 or figure 6 of the British Standard specification BS AU 138b:2000; and

(b) complies with the dimensions shown in that figure.

(6) For the purposes of paragraphs (3), (4) and (5), a reference to the dimensions shown in a figure in the British Standard specification does not include any dimension marked “M22×1.5”.

(7) Paragraph (3) does not prevent a line being equipped with a relevant coupling which fulfils the requirements of—

(a) a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b) any international standard recognised for use as a standard by any EEA State; or

(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

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