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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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articles Not indexed

Reform history JSON API

where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with BS couplings of the type shown in figure 1 of the British Standard specification BS AU 138a:1980 or figure 1 of the British Standard specification BS AU 138b:2000 equivalent to that provided by those specifications as modified in accordance with paragraph (6).

(8) Paragraph (7) shall have effect—

(a) in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 4” and “figure 2” respectively; and

(b) in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 5” and “figure 3” respectively.

Maintenance and efficiency of brakes

Application of brakes of trailers

Marking of date of manufacture of trailers

71A

(1) This regulation applies to a trailer that—

(a) is not a motor vehicle;

(b) is manufactured on or after 1st January 1997; and

(2) The year of manufacture of every trailer to which this regulation applies shall be marked on the chassis, frame or other similar structure on the nearside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.

Additional markings

Test date discs

Testing and Inspection

CA — USE OF MOTOR VEHICLES FOR THE CARRIAGE OR HAULAGE OF DANGEROUS GOODS

Additional braking requirements for motor vehicles carrying or hauling dangerous goods

93A

(1) Subject to paragraph (5), no person shall use or cause or permit to be used a motor vehicle for the carriage or haulage of dangerous goods on a road if it is a vehicle within the meaning of the Framework Directive and—

(a) its maximum gross weight exceeds 16,000 kg; or

(b) it is drawing a trailer which has a maximum total design axle weight exceeding 10,000 kg,

unless the vehicle meets the requirements of paragraph (2).

(2) Subject to paragraph (6), in order for a motor vehicle to meet the requirements of this paragraph—

(a) it must not be drawing more than one trailer;

(b) without prejudice to regulation 15, it must be fitted with an anti-lock braking system that meets the requirements of paragraph (1) of marginal 220 521 of Appendix B.2 to Annex B to the ADR;

(c) it must be fitted with an endurance braking system (which may consist of one device or a combination of several devices) that meets the requirements of sub-paragraphs (a) to (d) of paragraph (2) of marginal 220 522 of Appendix B.2 to Annex B to the ADR;

(d) if it is not drawing a trailer, it must meet the requirements of the 4th, 5th, 6th and 7th sub-paragraphs of paragraph (2) of marginal 10 221 of Annex B to the ADR;

(e) without prejudice to regulation 15, if it is drawing a trailer with a maximum total design axle weight exceeding 10,000 kg—

(i) the trailer must be fitted with an anti-lock braking system that meets the requirements of paragraph (2) of marginal 220 521 of Appendix B.2 to Annex B to the ADR, and

(ii) the electrical connections between the motor vehicle and the trailer must meet the requirements of paragraph (3) of marginal 220 521 of Appendix B.2 to Annex B to the ADR;

(f) if it is drawing a trailer, the combination of vehicles must meet the requirements of the 4th, 5th, 6th and 7th sub-paragraphs of paragraph (2) of marginal 10 221 of Annex B to the ADR;

(g) if it is drawing a trailer fitted with an endurance braking system, the trailer must meet the requirements of paragraph (3) of marginal 220 522 of Appendix B.2 to Annex B to the ADR; and

(h) if it is drawing a trailer, the requirements of either paragraph (3) or (4) must be met.

(3) The requirements of this paragraph are that the motor vehicle meets the requirements of paragraph (2)(e) of marginal 220 522 of Appendix B.2 to Annex B to the ADR.

(4) The requirements of this paragraph are that the motor vehicle—

(a) does not contravene the restriction mentioned in sub-paragraph (f) of paragraph (2) of marginal 220 522 of Appendix B.2 to Annex B to the ADR; and

(b) meets the requirements of the second sentence of that sub-paragraph in relation to the trailer.

(5) Paragraph (1) does not apply to a motor vehicle manufactured before 1st January 1997.

(6) Sub-paragraph (e) of paragraph (2) does not apply to a trailer manufactured before 1st January 1997.

(7) For the purposes of this regulation, Annex B to the ADR (including the Appendices to that Annex) shall have effect as if—

(a) references to ECE Regulation 13 (however expressed) were references to ECE Regulation 13.06 or 13.07;

(b) references to Directive 71/320/EEC were references to Community Directive 91/422;

(c) references to the corresponding EEC Directive, in relation to Annex 5 to ECE Regulation 13, were references to paragraph 1.5 of Annex II to Community Directive 91/422.

(8) Subject to paragraph (9), a reference in this regulation to dangerous goods is a reference to a load comprising explosives of such type and in such quantity that it could not be carried by road in a single transport unit of Type I and II without there being a contravention of the restrictions set out in marginal 11 401 of Annex B to the ADR as read with marginal 11 402 of that Annex.

(9) For the purposes of paragraph (8)—

(a) marginal 11 402 of Annex B to the ADR shall have effect with the omission of the words “in conformity with the prohibitions of mixed loading contained in 11 403”; and

(b) “transport unit of Type I or II” means a transport unit of Type I or a transport unit of Type II as defined in marginal 11 204 of that Annex.

(10) In this regulation, “ADR” means the 1995 edition of the “European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)” produced by the Department of Transport and published by Her Majesty’s Stationery Office (ISBN 0-11-551265-9).

Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances

48A

(1) No person shall use or cause or permit to be used on a road a coach or minibus wholly or mainly for the purpose of carrying a group of 3 or more children in the following circumstances unless the appropriate number of forward-facing passenger seats fitted to the vehicle meet the requirements of this regulation.

(2) The circumstances are that—

(a) the group of children are on an organised trip; and

(b) the journey is being made for the purposes of the trip.

(3) In paragraph (1), the reference to the appropriate number is a reference to the number of children being carried in the vehicle (excluding disabled children in wheelchairs).

(3A) For the purposes of this regulation a rearward-facing seat shall be treated as a forward-facing seat which meets the requirements of this regulation if the coach or minibus concerned was first used on or after 1st October 2001, and the rearward-facing seat complies with the requirements of regulations 46 and 47.

(4) Without prejudice to the generality of paragraph (2)(a), a group of children shall, for the purposes of this regulation, be regarded as being on an organised trip if they are being carried to or from their school or from one part of their school premises to another.

(5) Without prejudice to the meaning of paragraph (2)(b), paragraph (1) shall not apply to a vehicle if it is being used in the provision of a bus service of a description specified in paragraph 2 of the Schedule to the Fuel Duty Grant (Eligible Bus Services) Regulations 1985 or if it is otherwise being used wholly or mainly for the purpose of providing a transport service for the general public.

(6) For a forward-facing passenger seat to meet the requirements of this regulation a seat belt must be provided for it, and —

(a) if paragraph (3) of regulation 47 does not (in whole or part) apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with that paragraph to the extent (if any) that it would have to so comply were—

(i) that regulation to apply to all motor vehicles, and

(ii) there substituted for the words “provided” to “or (e)”, in that paragraph, the words “provided for any person in a vehicle to which this regulation applies”;

(b) if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a seat belt for an adult (not being a disabled person’s belt) that was first fitted to the vehicle after 10th February 1997, the seat belt must comply with the requirements specified in paragraph (7) below;

(c) if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a child restraint that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to anchorages provided for it;

(d) if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a disabled person’s belt that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to the vehicle or to the seat;

(e) if regulation 47 does not apply to the vehicle and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with paragraph (7) of that regulation to the extent (if any) that it would have to so comply were that regulation to apply to all motor vehicles; and

(f) if regulation 48 does not apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the requirements of paragraph (4) of that regulation must be met in relation to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of the seat belt to the extent (if any) that those requirements would have to be met were that paragraph to apply to all anchorages, fastenings, adjusting devices and retracting mechanisms of seat belts fitted to motor vehicles,

and paragraph (2) of regulation 48 shall apply for the purposes of sub-paragraph (f) above as it applies for the purposes of that regulation.

(7) The requirements referred to in paragraph (6)(b) are that the seat belt must be properly secured to the anchorage points provided for it and, in a case where any of those anchorage points is first fitted to the vehicle after 10th February 1997 the anchorage points to which it is secured must comply—

(a) if the vehicle is a coach, with the requirements specified in regulation 46(4)(b) or (4A)(b)(ii); or

(b) in any other case, with the requirements specified in regulation 46(4)(b).

(8) Until 10th February 1998, this regulation shall not apply to a coach first used before 1st October 1988.

(9) In this regulation—

“school” has the meaning given by section 14(5) of the Further and Higher Education Act 1992;

“forward-facing passenger seat” means a forward-facing seat which is not the driver’s seat; and

“child restraint”, “disabled person’s belt”, “forward-facing seat”, “seat”, and “seat belt” have the meanings given in regulation 47.

(10) For the purpose of this regulation, a child is a person who is aged 3 years or more but is under the age of 16 years.

Rear under-run protection

Maintenance of rear under-run protective device

Sideguards

Maintenance of sideguards

Mascots

Strength of superstructure

Additional exits from double-decked coaches

Modification of Regulations in relation to vehicles for which a Minister’s approval certificate has been issued under the Motor Vehicles (Approval) Regulations 1996

3A

Schedule 2A shall have effect for the purpose of modifying these Regulations in relation to vehicles in respect of which a Minister’s approval certificate has been issued by virtue of the Motor Vehicles (Approval) Regulations 1996.

Application and Exemptions

Trade Descriptions Act 1968

Compliance with Community Directives and ECE Regulations

SCHEDULE 2A — VEHICLES FOR WHICH A MINISTER'S APPROVAL CERTIFICATE HAS BEEN ISSUED UNDER THE MOTOR VEHICLES (APPROVAL) REGULATIONS 1996

PART I — INTERPRETATION

General Interpretation

1

(1) In this Schedule—

“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996;

“approval certificate” means a Minister’s approval certificate in the form prescribed by the Approval Regulations;

“approval date”, in relation to a vehicle in respect of which an approval certificate has been issued, is the date that the certificate was issued;

“goods vehicle approval certificate” means an approval certificate which appears to have been issued on the basis that the vehicle is a vehicle to which Part III of the Approval Regulations applies;

“individual approval certificate” means a certificate issued under regulation 27(10) of the Vehicle Approval Regulations;

“passenger vehicle approval certificate” means an approval certificate which appears to have been issued on the basis that the vehicle is a vehicle to which Part II of the Approval Regulations applies.

Interpretation of references to a vehicle complying with the approval requirements and to a vehicle exempt from the approval requirements

2

(1) Subject to paragraph 3, references in this Schedule to a vehicle complying with or being exempt from the approval requirements shall be construed in accordance with the following provisions of this paragraph.

(2) Subject to sub-paragraphs (4) and (5), a vehicle in respect of which a goods vehicle approval certificate has been issued shall be regarded as complying with or exempt from the approval requirements in relation to a specified subject matter if and only if it for the time being satisfies at least one of the conditions in regulation 6(5) of the Approval Regulations in relation to that subject matter.

(3) Subject to sub-paragraphs (4) and (5), a vehicle in respect of which a passenger vehicle approval certificate has been issued shall be regarded as complying with or exempt from the approval requirements in relation to a specified subject matter if and only if it for the time being satisfies at least one of the conditions in regulation 4(5) of the Approval Regulations in relation to that subject matter.

(4) A vehicle in respect of which an approval certificate has been issued shall be regarded as neither complying with nor being exempt from the approval requirements in relation to any subject matter if—

(a) the certificate is a goods vehicle approval certificate and the vehicle is not for the time being a vehicle to which Part III of the Approval Regulations applies; or

(b) the certificate is a passenger vehicle approval certificate and the vehicle is not for the time being a vehicle to which Part II of the Approval Regulations applies.

(5) For the purposes of this paragraph, the Approval Regulations shall have effect with the omission of regulations 4(8) and 6(7).

PART II — MODIFICATION OF THE REGULATIONS

Part exemption from regulation 32 (glazing)

3

Regulation 32(2), (7) and (10) shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to glazing.

Exemption from regulation 33 (mirrors)

4

Regulation 33 shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to rear view mirrors.

Exemption from regulation 35 (speedometers)

5

Regulation 35 shall not apply to a vehicle in respect of which a passenger approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to speedometers.

Exemption from regulation 39(2)(c)(i) (fuel tanks to be made of metal)

6

Regulation 39(2)(c)(i) shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with the approval requirements relating to general vehicle construction.

Exemption from regulation 46 (seat belt anchorages)

7

Regulation 46 shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to anchorage points.

Part exemption from regulation 47 (seat belts)

8

Regulation 47, so far as it relates to seat belts for adults, shall not apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to seat belts (including the requirements relating to the installation of seat belts).

Modifications to regulation 61 (emissions)

9

(1) Regulation 61 shall have effect with the following modifications in relation to a vehicle in respect of which there has been issued an approval certificate containing the letter “A” pursuant to regulation 12(2)(c) of the Approval Regulations.

(2) For the purposes of paragraphs (3A), (7), (8) and (9), the date of first use of the vehicle shall be regarded as being 1st January immediately preceding the date of manufacture of the engine by which it is propelled.

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

(3) Paragraphs 10(A) and 10(AA) shall not apply to the vehicle if it complies with or is exempt from the approval requirements relating to exhaust emissions.

Modification to regulation 67 (vehicle identification numbers)

10

Regulation 67 shall not apply to a vehicle in respect of which an approval certificate has been issued if—

(a) the vehicle is equipped with a plate which is in a conspicuous and readily accessible position, is affixed to a vehicle part which is not normally subject to replacement and shows clearly and indelibly the identification number shown on the certificate and the name of the manufacturer; and

(b) that number is marked on the chassis, frame or other similar structure, on the offside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.

Warning devices where certain high level equipment is fitted to a vehicle

10A

(1) Subject to the provisions of this regulation and regulations 10B and 10C, no person shall drive or cause or permit to be driven on a road a vehicle to which this regulation applies unless the vehicle is fitted with a warning device and the requirements specified in paragraph (2) are satisfied in respect of the device, the vehicle and any relevant trailer drawn by the vehicle.

(2) The requirements are—

(a) that the device, the vehicle and any relevant trailer drawn by it shall be so constructed, maintained and adjusted, and the connections between the vehicle and those trailers are such, that the device would give a visible warning to the driver if, whilst the vehicle was being driven, the height of the highest point of any high level equipment fitted to the vehicle or any of those trailers were to exceed a predetermined height; and

(b) the predetermined height referred to in sub-paragraph (a) shall not exceed the overall travelling height by more than 1m.

(3) No person shall be taken to have failed to comply with paragraph (1) on the ground that a motor vehicle or a relevant trailer was not fitted with a warning device and the requirements in paragraph (2) were not being satisfied as mentioned in paragraph (1)—

(a) before 1st October 1998—

(i) if the motor vehicle was first used before 1st April 1998; or

(ii) the relevant trailer was manufactured before that date; or

(b) before 1st April 1998 in relation to any other motor vehicle or relevant trailer.

(4) Paragraph (1) shall not apply in relation to a particular journey if, having regard to the lengths of road which the driver might drive along in the course of fulfilling the purpose of the journey and taking into account any possibility of unforeseen diversions and the driver having difficulty in finding his way, it is highly unlikely that the driver would during the course of the journey be confronted with any bridge or other overhead structure which does not exceed the maximum travelling height by at least 1m.

Vehicles to which regulation 10A applies

10B

(1) Subject to the provisions of this regulation, regulation 10A applies to—

(a) a motor vehicle first used on or after 1st April 1993, if the vehicle or any relevant trailer drawn by it, is fitted with high level equipment with a maximum height of more than 3m; and

(b) a motor vehicle first used before 1st April 1993, if any relevant trailer drawn by it is fitted with such equipment.

(2) Regulation 10A does not apply to a motor vehicle if it has an overall travelling height of not more than 4m and—

(a) it is a vehicle registered or put into circulation in an EEA State and is being used in international traffic; or

(b) it is a motor vehicle drawing a trailer registered or put into circulation in an EEA State and that trailer is being used in international traffic, and

in this paragraph, “international traffic” and “registered or put into circulation” have the same meanings as in article 3 of Community Directive 85/3.

(3) Regulation 10A does not apply to—

(a) an agricultural motor vehicle;

(a) an industrial tractor;

(d) a motor vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle so used while being driven by a person for the time being subject to orders of a member of the armed forces of the Crown;

(e) a motor vehicle drawing a trailer owned by the Secretary of State for Defence and used for naval, military or air force purposes or a motor vehicle drawing such a trailer while being driven by a person for the tine being subject to orders of a member of the armed forces of the Crown;

(f) a motor vehicle used by a fire brigade maintained under the Fire Services Act 1947a motor vehicle used by employees of the Scottish Fire and Rescue Service for the purposes of that Service or, in England or Wales, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004 or, in England, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004;

(g) a motor vehicle that is constructed and normally used for the purpose of carrying at least two other vehicles;

(h) a motor vehicle drawing a car transporter; or

(i) a motor vehicle whose maximum travelling height does not exceed its overall travelling height.

Interpretation of regulations 10A and 10B

10C

(1) The following provisions of this regulation apply for the interpretation of this regulation and regulations 10A and 10B.

(2) Subject to paragraphs (4) and (5), a reference to high level equipment, in relation to a motor vehicle, is a reference to equipment which is so fitted to the vehicle that—

(a) the equipment can be raised by means of a power operated device, and

(b) the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(3) Subject to paragraph (4) and (5), a reference to high level equipment, in relation to a trailer drawn by a motor vehicle, is a reference to equipment which is so fitted to the trailer that—

(a) the equipment can be raised by means of a power operated device, and

(b) the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(4) A reference to high level equipment in relation to a tipper which is—

(a) a motor vehicle first used before 1st April 1998, or

(b) a trailer manufactured before that date,

shall be construed as not including the relevant part of the tipper.

(5) Where equipment fitted to a vehicle would otherwise be high level equipment, that equipment shall not be regarded as high level equipment if—

(a) the equipment is so designed and constructed that—

(i) it can be fixed in a stowed position by a locking device when travelling; and

(ii) it is not possible for a person in the cab to interfere with the locking device; and

(b) the equipment is fixed in that position by the locking device.

(6) The following expressions shall bear the following meanings—

(a) “EEA State” means a state which is a contracting party to the EEA Agreement; and

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

(c) “maximum height”, in relation to any high level equipment fitted to a vehicle, means the height of the highest point of that equipment above the ground when it is raised as far as possible by means of that device and the vehicle is unladen;

(d) “maximum travelling height”, in relation to a motor vehicle to which regulation 10A applies, means—

(i) if the overall travelling height could be increased by raising any high level equipment fitted to the vehicle or to any relevant trailer drawn by it that is not for the time being at its maximum height, the greatest overall travelling height that could be achieved by raising such equipment (without making any other changes to the vehicle, its load or equipment or to any trailer drawn by it, its load or equipment); or

(ii) in any other case, the overall travelling height;

(e) “overall travelling height” has the meaning given by regulation 10(9)(b);

(f) “relevant part”, in relation to a tipper, shall be construed in accordance with sub-paragraph (g);

(g) “tipper” means a vehicle that is so constructed that it can be unloaded by part of the vehicle (in this regulation referred to as the “relevant part”) being tipped sideways or rearwards, and

a reference to equipment fitted to a vehicle includes part of the vehicle.

(7) “Relevant trailer” means a trailer manufactured on or after 1st April 1993 not being—

(a) an agricultural trailer;

(b) an agricultural trailed appliance;

(d) a trailer used by a fire brigade maintained under the Fire Services Act 1947employees of the Scottish Fire and Rescue Service for the purposes of that Service or, in England or Wales, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004 or, in England, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004;

(e) a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown.

Overhang

Minimum ground clearance

Turning circle—buses

Turning circle—articulated vehicles other than those incorporating a car transporter

Turning circle—articulated vehicles incorporating a car transporter

Connecting sections and direction-holding of articulated buses

Turning circle—heavy motor car

13C

(1) This regulation applies to a vehicle which—

(a) is a heavy motor car or a vehicle combination which consists of a heavy motor car drawing one trailer which is not a semi-trailer;

(b) was manufactured or, in the case of a vehicle combination, the part consisting of a heavy motor car, was manufactured after 31st May 1998; and

(2) The descriptions of vehicle referred to in paragraph (1)(c) are—

(a) a vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4 metres;

(b) a vehicle or a vehicle combination to which regulation 13, 13A or 13B applies;

(3) Every vehicle to which this regulation applies shall be able to move on either lock so that, both with and without all its wheels in contact with the surface of the road and disregarding the things set out in paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length” in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

Connecting sections and direction-holding of articulated buses

Plate relating to dimensions

Use of mechanical coupling devices

86B

(1) This regulation applies to every light passenger vehicle first used on or after 1st August 1998 in respect of which an EC certificate of conformity has effect.

(2) No person shall use or cause or permit to be used on a road any vehicle to which this regulation applies unless any mechanical coupling device which is attached to it complies with the relevant technical and installation requirements of Annexes I, V, VI and VII of Community Directive 94/20 and is marked in accordance with sub-paragraphs 3.3.4 to 3.3.5 of Annex I to that Directive.

(3) For the purposes of this regulation, in a case where a vehicle is drawing a trailer a mechanical coupling device shall not be regarded as being attached to that vehicle if it forms part of the trailer.

(4) In this regulation “mechanical coupling device” shall be construed in accordance with paragraph 2.1 of Annex I to Community Directive 94/20.

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

Saving for the Road Vehicles (Authorised Weight) Regulations 1998

79A

Nothing in regulations 75 to 79 shall be taken to prohibit the use of a vehicle in circumstances where the maximum authorised weight for the vehicle, for any vehicle combination of which the vehicle forms part and for any axle of the vehicle, as determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998, is not exceeded.

Over-riding weight restrictions

2A

Regulations 75, 76, 77 and 78 do not apply to an articulated vehicle if the requirements set out in Part IIIA of this Schedule are for the time being fulfilled.

PART IIIA — ARTICULATED VEHICLES (ALTERNATIVE REQUIREMENTS)

8A

(1) The requirements of paragraph 6 are fulfilled.

(2) The vehicle is one which falls within the first indent of paragraph 1 of Article 3 of Community Directive 96/53 (vehicles used in international traffic or put into circulation in any other Member State) and complies with the limit values specified in paragraph 2.2.2 of Annex I and the other relevant requirements of that Directive.

Emission of smoke, vapour, gases, oily substances etc—further requirements for certain motor vehicles first used on or after 1st January 2001

61A

(1) This regulation shall apply to motor vehicles first used on or after 1st January 2001.

(2) Subject to paragraphs (5) to (7) and Schedule 7XA, a motor vehicle in any category shall comply with such design, construction and equipment requirements and such limit values as may be specified for a motor vehicle of that category and weight by any Community Directive specified in item 1 or 2 of the Table and from such date as is specified by that Community Directive.

(3) Subject to paragraphs (4) to (7) and Schedule 7XA, no person shall use, or cause or permit to be used, on a road a motor vehicle if the motor vehicle does not comply with such limit values as may apply to it by virtue of any Community Directive specified in item 1 or 2 of the Table, and from such date as is specified by that Community Directive, unless the following conditions are satisfied with respect to it—

(a) the failure to meet the limit values does not result from an alteration to the propulsion unit or exhaust system of the motor vehicle;

(b) neither would those limit values be met nor the emissions of gaseous and particulate pollutants and smoke and evaporative emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were carried out on the motor vehicle; and

(c) the failure to meet those limit values does not result from any device designed to control the emission of gaseous and particulate pollutants and smoke and evaporative emissions which is fitted to the motor vehicle being other than in good and efficient working order.

(4) Where—

(a) a motor vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (3);

(b) the motor vehicle does not comply with the limit values applying to it which are referred to in that paragraph; and

(c) the conditions specified in sub-paragraphs (a) and (b) of paragraph (3) are satisfied in respect of the motor vehicle

nothing in paragraph (3) shall prevent the motor vehicle being driven to a place where the device is to be repaired or replaced.

(5) Subject to paragraph (6), if the Secretary of State has exempted any motor vehicle produced in a small series from one or more of the provisions of a Community Directive specified in item 1 of the Table in accordance with the procedure in Article 8(2)(a) of the Framework Directive then paragraphs (2) to (4) shall not apply to that motor vehicle insofar as it has been so exempted.

(6) If any motor vehicle has been exempted from one or more of the provisions of a Community Directive specified in item 1 of the Table in accordance with paragraph (5), then in the Table as it applies to that motor vehicle there shall be deemed to be substituted, for the reference to Community Directive 96/69/EC or ECE Regulation 83.04, Community Directive 98/69/EC and 1999/102/EC–

(a) in the case of passenger cars as defined in regulations 61(11A), a reference to Community Directive 94/12/EC or ECE Regulation 83.03; and

(b) in the case of other motor vehicles of category M, a reference to Community Directive 93/59/EEC or ECE Regulation 83.02

and in any such case paragraphs (2) to (4) shall apply to the motor vehicle as if they referred to the substituted Community Directives or ECE Regulations.

(7) If a vehicle has, in accordance with Schedule 7XA, been exempted from the need to comply with any provision of a Community Directive specified in item 1 or 2 in the Table (“the exempted provision”), it shall, in substitution for the exempted provision, comply with the equivalent provision (if any) that would have applied by virtue of this regulation in relation to such a vehicle immediately before the coming into force of the requirement to comply with the exempted provision; and in relation to that equivalent provision paragraphs 2 to 4 shall apply as if they referred to the Community Directive under which that equivalent provision arose.

(8) In this regulation—

(a) “category” means a category for the purpose of Annex II of the Framework Directive;

(b) “date as is specified” means, in relation to any vehicle and—

(i) in relation to limit values set by a Community Directive specified in item 1 or 2 in the Table, the date specified by that Community Directive as that from which Member States are required to prohibit the registration or the entry into service of that vehicle if it does not comply with those limit values; or

(ii) in relation to emission control and monitoring systems and devices, the date specified by a Community Directive specified in item 1 or 2 in the Table as that from which Member States are required to ensure that such equipment is fitted to that vehicle,

provided that, where a Community Directive specified in item 2 in the Table re-enacts a requirement imposed by a Community Directive that had been specified in that item immediately before 9th November 2006, the date as is specified shall be the date that had been specified by that previous Directive;

(c) “limit values” means the permitted amounts of gaseous and particulate pollutants and smoke and evaporative emissions;

(d) “small series” means the motor vehicles within a family of types as defined in Annex XII of the Framework Directive which are registered or enter into service in a period of twelve months beginning on 1st January in any year where the total number of motor vehicles does not exceed the small series limits specified in that Annex.

(9) Regulation 4(2) does not apply to any requirement imposed on a vehicle by or under this Regulation.

Item	Community Directive or ECE Regulation	Amending Community Directive or ECE Regulation
1.	70/220/EEC	96/69/EC or ECE Regulation 83.0498/69/EC1999/102/EC2001/1/EC
2.	2005/55/EC or ECE Regulation 49.02	2005/78/EC2006/51/EC

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

9A

Paragraphs (10A), (10AA) and (10BA) of regulation 61 shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with, or is exempt from, the approval requirements relating to exhaust or smoke emissions.

Modifications to regulation 61A (emissions)

9B

(1) Regulation 61A shall not apply to a vehicle in respect of which either a passenger vehicle approval certificate or a goods vehicle approval certificate has been issued, if it complies with or is exempt from the approval requirements relating to exhaust or smoke emissions.

(2) Regulation 61A shall have effect with the following modifications in relation to a vehicle in respect of which there has been issued an approval certificate containing the letter “A” pursuant to regulation 12(2)(c) of the Approval Regulations.

(3) For the purposes of paragraphs (2) and (3) of regulation 61A, the date as is specified (as defined in regulation 61A) shall be regarded as being the 1st January immediately preceeding the date of manufacture of the engine by which the vehicle is propelled; provided that the date as is specified shall not in any circumstances be regarded as being later than the date on which the motor vehicle would otherwise have been regarded as being first used.

Modification to regulation 67 (vehicle identification numbers)

Modification of regulations 55A, 61 and 61A

3A

In the case of a vehicle—

(a) which complies with the requirements specified in regulation 4(2) of the Motor Vehicles (Approval) Regulations 2001;

(b) in respect of which a Minister’s approval certificate has been issued under section 58 of the 1988 Act for the purposes of the type approval requirements prescribed by those Regulations; and

(c) in respect of which a Minister’s approval certificate has not subsequently been issued under that section for the purposes of the type approval requirements prescribed by the Type Approval for Goods Vehicles Regulations,

the weight shown on the plate in relation to items 7 and 10 in Part I of this Schedule shall be 3,500 kg.

3A

For the purposes of paragraph 2(a) of this Part of this Schedule the relevant percentage, in respect of a vehicle, is, when the engine is running without load at a fast idling speed—

(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 3(a) of that Annex; ...

(b) if the vehicle is not of such a description and is first used before 1st July 2002, 0.3%; or

Mobile telephones

110

(1) No person shall drive a motor vehicle on a road if he is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b) he is acting in response to a genuine emergency; and

(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(5A) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a) that person is using the mobile telephone or other device only to perform a remote controlled parking function of the motor vehicle; and

(b) that mobile telephone or other device only enables the motor vehicle to move where the following conditions are satisfied—

(i) there is continuous activation of the remote control application of the telephone or device by the driver;

(ii) the signal between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is maintained; and

(iii) the distance between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is not more than 6 metres.

(5B) A person does not contravene a provision of this regulation, if at the time of the alleged contravention—

(a) that person is using the mobile telephone or other device to make a contactless payment;

(b) for a good or service which is received at the same time as, or after, the contactless payment is made; and

(5C) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a) that person is using a mobile telephone or other device which is capable of functioning (whether or not it is also capable of functioning in other ways) so as to transmit a spoken message only while a button on the device is pressed at the same time as the person is speaking the message; and

(b) that person is using the device to transmit a spoken message in the manner described in sub-paragraph (a) or to receive a spoken message—

(i) on an electronic communications network to which access is controlled by the Secretary of State and which that person is authorised to access; and

(ii) in the course of performing duties for the police, fire, ambulance or other emergency service.

(6) For the purposes of this regulation—

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(i) illuminating the screen;

(ii) checking the time;

(iii) checking notifications;

(iv) unlocking the device;

(v) making, receiving, or rejecting a telephone or internet based call;

(vi) sending, receiving or uploading oral or written content;

(vii) sending, receiving or uploading a photo or video;

(viii) utilising camera, video, or sound recording functionality;

(ix) drafting any text;

(x) accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;

(xi) accessing an application;

(xii) accessing the internet;

(d) “two-way radio” means any wireless telegraphy apparatus which is designed or adapted—

(i) for the purpose of transmitting and receiving spoken messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) “wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949;

(f) “contactless payment” means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device;

(g) “an application” means a software programme that runs through a web browser or offline on a mobile telephone or other device.

Mirrors and other devices for indirect vision

Alternative means of compliance

41A

(1) A minibus which is required by regulation 41 to meet the requirements specified in Schedule 6 need not meet them if it meets the requirements of such of the Annexes to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001, relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat, and amending Directives 70/156/EEC and 97/27/EC, as apply to that minibus.

(2) A minibus which is required by regulation 41 to meet the requirements specified in Schedule 6 need not meet the requirements set out in items 2 to 4 and 7 to 12 of that Schedule if it meets such requirements of ECE Regulation 52.01 or 107.01 or 107.02 as apply to that minibus.

Fire extinguishing apparatus

First aid equipment

Carriage of dangerous substances

Alternative means of compliance

53C

(1) A coach which is required by either regulation 53A or 53B, as the case may be, to meet the requirements specified in that particular provision, need not meet them if it meets the requirements of such of the Annexes to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001, relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat, and amending Directives 70/156/EEC and 97/27/EC, as apply to that coach..

(2) A coach which is required by either regulation 53A or 53B, as the case may be, to meet the requirements specified in that particular provision, need not meet them if it meets such requirements of ECE Regulation 107.01 or 107.02 as apply to that coach.

Retrofitting and refilling of certain air conditioning systems

61B

(1) Subject to paragraphs (7), (8), (9) and (10) and Schedule 7XA, this regulation applies to vehicles set out in Article 2 of Directive 2006/40, regardless of their date of manufacture.

(2) Regulation 4(2) does not apply in relation to a vehicle to which this regulation applies.

(3) A vehicle type approved on or after 1st January 2011 may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.

(4) On or after 1st January 2017, a vehicle may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.

(5) A vehicle type approved on or after 1st January 2011 may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(6) On or after 1st January 2017, a vehicle may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(7) Paragraph (5) does not apply to a vehicle where—

(a) it was type approved on or after 1st January 2011, and

(b) on the date it was type approved, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for type approval imposed by—

(i) the 1988 Act or any regulations made under it, except for this regulation;

(ii) the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(8) Paragraph (6) does not apply to a vehicle where—

(a) it was registered on or after 1st January 2017, and

(b) on the date it was registered, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for registration imposed by—

(i) the 1988 Act or any regulations made under it, except for this regulation;

(ii) the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(9) Paragraph (6) does not apply to a vehicle where—

(a) it was used for the first time on a road in Great Britain on or after 1st January 2017 (this date not being determined, for the purposes of this sub-paragraph, in accordance with regulation 3(3)), and

(b) on the date it was first used, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for use imposed by—

(i) the 1988 Act or any regulations made under it, except for this regulation;

(ii) the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or

(iii) the Vehicle Approval Regulations.

(10) Paragraph (6) does not apply to a vehicle which before 1st January 2017 was fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.

(11) For the purposes of this regulation, a vehicle was type approved if—

(a) there has been issued in relation to it—

(i) an EC type approval certificate under regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;

(ii) an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;

(iii) an EC type approval certificate under regulation 13(3) of the Vehicle Approval Regulations;

(iv) an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 13(3) of the Vehicle Approval Regulations;

(v) a type approval certificate under section 55 of the 1988 Act; or

(vi) a Minister’s Approval certificate under section 58(1) of the 1988 Act; or

(vii) a certificate under section 58(4) of the 1988 Act by reason of the vehicle conforming with another vehicle in respect of which a Minister’s Approval Certificate was issued under section 58(1) of that Act.

(12) In this regulation—

“air conditioning system” means any system whose main purpose is to decrease the air temperature and humidity of the passenger compartment of a vehicle;

“high-GWP fluorinated greenhouse gases” means fluorinated greenhouse gases having a global warming potential higher than 150, “fluorinated greenhouse gases” has the same meaning as in Article 3(5) of Community Directive 2006/40, and “global warming potential” has the same meaning as in Article 3(8) (including the footnote) of Community Directive 2006/40, read in conjunction with the second sentence of Article 3(9) (including the footnote) of the same Directive;

“retrofitted” means fitted to a vehicle after it has been first used.

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

Modification to regulation 61B (retrofitting and refilling of certain air conditioning systems)

9C

Paragraphs (5) and (6) of regulation 61B shall not apply to a vehicle in relation to which a passenger vehicle approval certificate, a goods vehicle approval certificate or an individual approval certificate has been issued if it complies with the approval requirements for air conditioning systems designed to contain high-GWP fluorinated greenhouse gases.

Modification to regulation 67 (vehicle identification numbers)

Tyre Noise

25A

(1) Subject to paragraphs (2) and (3), any replacement tyre (not being a retreaded or part-worn tyre) must be marked with an S mark where it is to be fitted to an axle of—

(a) a passenger vehicle with 4 wheels or more,

(b) a goods vehicle,

(d) a trailer constructed or adapted for use with a passenger vehicle, a goods vehicle or a dual-purpose vehicle.

(2) Paragraph (1) applies to—

(a) Class C1d tyres on or after 1st October 2010; and

(b) Class C1e tyres on or after 1st October 2011.

(3) Paragraph (1) does not apply to—

(a) tyres whose speed rating is less than 80 km/h;

(b) tyres whose nominal rim diameter does not exceed 254mm (code 10) or is 635mm (code 25) or more;

(d) tyres designed only to be fitted to vehicles described in paragraph (1) that were registered for the first time before 1st October 1980.

(4) In this regulation—

“Class C1d tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 185mm but less than or equal to 215mm;

“Class C1e tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 215mm;

“nominal rim diameter” has the same meaning as in section 2.18 of Annex II of Community Directive 92/23;

“part-worn tyre” means a tyre that is not new when fitted;

“replacement tyre” means—a Class C1d tyre sold, or intended to be sold, on or after 1st October 2010;a Class C1e tyre sold, or intended to be sold, on or after 1st October 2011; orany other tyre sold, or intended to be sold, on or after the date these Regulations come into force,where that tyre replaces, or is intended to replace, a tyre fitted to the axle of any vehicle to which paragraph (1) applies.

“rim” has the same meaning as in section 2.19 of Annex II of Community Directive 92/23;

“S mark” means a designated approval mark of a description specified in item 30B of Schedule 2 or item 33 of Schedule 4 of the Approval Marks Regulations including the relevant suffix indicating conformity with the requirements on tyre noise emissions;

“section width” has the same meaning as in section 2.12 of Annex II of Community Directive 92/23; and

“T-type temporary-use spare tyre” has the same meaning as in section 2.3.6 of Annex II of Community Directive 92/23, and “temporary-use spare tyre” has the same meaning as in section 2.3.5 if Annex II of Community Directive 92/23.

Mixing of tyres

Condition and maintenance of tyres

Tracks

End-of-series exemption

61C

(1) The requirements in articles 4 to 6 and 10 and Annex 1 of European Community Regulation 715/2007 shall—

(a) in relation to complete end-of-series vehicles—

(i) of category N₁ class II and III, and

(ii) of category N₂ having a reference mass not exceeding 2,610 kilograms,

be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 31st December 2012;

(b) in relation to end-of-series completed multi-stage build vehicles of category N₁ class I, be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 30th June 2012;

(i) of category N₁ class II and III, and

(ii) of category N₂ having a reference mass not exceeding 2,610 kilograms,

be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 30th June 2013.

(2) The requirements in articles 4 to 6 and 8 and Annex I of European Community Regulation 595/2009 shall—

(a) for category N₂ end-of-series vehicles having a reference mass exceeding 2,610 kilograms, and

(b) category N₃ end-of-series vehicles,

be deemed to be fulfilled, in relation to complete vehicles, for the period beginning with the relevant date and ceasing at the end of 30th December 2014, or in the case of completed multi-stage build vehicles, beginning with the relevant date and ceasing at the end of 29th June 2015.

(3) For the purpose of paragraphs (1) and (2), a vehicle is an end-of-series vehicle if—

(a) three months or more before the relevant date, a certificate of conformity or a Minister’s approval certificate issued under section 58(4) of the 1988 Act was in force for the vehicle, and the Minister’s approval certificate issued under section 58(1) of that Act or type approval certificate (as the case may be) had been issued by virtue of an emissions requirement that—

(i) then applied to the vehicle, but

(ii) apart from this regulation, would have ceased to apply on the relevant date, and

(b) it is in the territory of an EEA state on the relevant date.

(4) In this regulation—

“category N₁ class I” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass not exceeding 1,305 kilograms;

“category N₁ class II” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass exceeding 1,305 kilograms but not exceeding 1,760 kilograms;

“category N₁ class III” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass exceeding 1,760 kilograms;

“category N₂” and “category N₃” have the respective meanings given in Annex II to Directive 2007/46/EC;

“complete vehicle” means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC;

“completed multi-stage build vehicle” means a vehicle resulting from the process of multi-stage type-approval which meets the relevant technical requirements of Directive 2007/46/EC;

“reference mass” has the meaning given in Article 3(3) of European Community Regulation 715/2007;

“relevant date” means—in relation to vehicles to which paragraph (1) applies, the date on which the Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2011 come into force, andin relation to vehicles to which paragraph (2) applies, 31st December 2013.

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

Review of regulations 61 to 61B

61D

(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 61 to 61B, which relate to emissions,

(b) set out the conclusions of the review in a report, and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, in so far as they make provision in relation to emissions—

(a) the Framework Directive, and

(b) Directives 70/220/EEC, 88/77/EEC, 2005/55/EC and 2006/40/EC,

which are implemented by means of various provisions in these Regulations and by the Road Vehicles (Approval) Regulations 2009, are implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations to the extent that they relate to emissions,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 14th January 2012.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Closets etc

Wings

Spray suppression devices

Maintenance of spray suppression devices

Review of regulation 18

18A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of brakes of trailers

Review

111

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in—

(i) regulation 18 in so far as it relates to the efficiency of brakes,

(ii) regulation 70,

(iii) paragraph 8 of Schedule 7B, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 20th May 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

DA — USE OF AERODYNAMIC DEVICES AND EQUIPMENT, AND ELONGATED CABS

Use of aerodynamic devices and equipment

96A

No person shall use, or cause or permit to be used, on any vehicle or vehicle combination on a road, any aerodynamic devices and equipment, unless—

(a) they are used on the rear of the vehicle or vehicle combination, and

(b) the vehicle or vehicle combination is of a class specified in items 1, 3, 3A, 3C, 4, 4A, 4B, or 8 of the Table in regulation 7.

Use of elongated cabs

96B

No person shall use, or cause or permit to be used, on a road any vehicle or vehicle combination with an elongated cab unless the vehicle or vehicle combination is of a class specified in items 1, 3A, 3B, 3C or 4 of the Table in regulation 7.

Schedule 5A — HYDROGEN FUELLED MACHINERY

Definitions

1

(1) In this Schedule—

“hydrogen-fuelled vehicle” means a vehicle that is specified in regulation 94(2B) or (2C) and that uses compressed gaseous hydrogen as a fuel to propel the vehicle.

(2) Other expressions that are used in this Schedule and that are defined in ECE Regulation 134.02 have the same meaning in this Schedule as they have in ECE Regulation 134.02.

Fuelling receptacle

2

(1) A fuelling receptacle must be fitted to a hydrogen-fuelled vehicle.

(2) A fuelling receptacle fitted to a hydrogen-fuelled vehicle must—

(a) prevent reverse flow of gaseous hydrogen fuel to the atmosphere;

(b) have a label affixed close to the fuelling receptacle that shows—

(i) the fuel type,

(ii) the maximum fuelling pressure,

(iii) the nominal working pressure, and

(iv) the date of removal from service of each container;

(d) be protected from tampering and ingress of dirt and water.

(3) A fuelling receptacle fitted to a hydrogen-fuelled vehicle must not—

(a) be mounted within the external energy absorbing elements of the hydrogen-fuelled vehicle;

(b) be installed so that access for refilling is in the passenger compartment or an unventilated compartment.

Overpressure protection for the low pressure system

3

(1) The compressed hydrogen storage system downstream of a pressure regulator must be protected against overpressure.

(2) Use of an overpressure protection device, including a pressure relief device, is sufficient to meet the requirement in sub-paragraph (1).

(3) The set pressure of an overpressure protection device must be lower than or equal to the maximum allowable working pressure for the appropriate section of the compressed hydrogen storage system.

Discharge from thermally-activated pressure relief devices

4

(1) Compressed hydrogen gas discharge from a thermally-activated pressure relief device of a compressed hydrogen storage system must not be directed—

(a) into enclosed or semi-enclosed spaces;

(b) into or towards any vehicle wheel housing;

(d) forward from the hydrogen-fuelled vehicle, or horizontally (parallel to the road) from the back or sides of the hydrogen-fuelled vehicle.

(2) If a thermally-activated pressure relief device of a compressed hydrogen storage system has a vent line, the outlet of this vent line must be protected by a cap.

Discharge from other pressure relief devices

5

(1) The hydrogen gas discharge from other pressure relief devices that are not thermally-activated, including burst discs, must not be directed—

(a) towards exposed electrical terminals, exposed electrical switches or other ignition sources;

(b) into or towards the passenger compartment;

(d) towards each container.

(2) At the hydrogen-fuelled vehicle exhaust system’s point of discharge, the hydrogen concentration level must not exceed—

(a) 4.0% average by volume during any moving three-second time interval during normal operation, including start-up and shut-down;

(b) 8.0% at any time.

(3) The test procedure that must be followed, for determining the hydrogen concentration level in sub-paragraph (2), is the compliance test for the vehicle exhaust system in paragraph 4 of Annex 5 to ECE Regulation 134.02.

Protection against flammable conditions

6

(1) Hydrogen leakage and permeation from the compressed hydrogen storage system must not directly vent into the passenger compartment, or into any enclosed or semi-enclosed spaces within the hydrogen-fuelled vehicle that contain unprotected ignition sources.

(2) Any single failure downstream of the main hydrogen shut-off valve must not result in accumulations in levels of hydrogen concentration in the passenger compartment.

(3) The requirement in sub-paragraph (2) is met if the hydrogen concentration in the passenger compartment does not exceed 1.0% by volume when tested in accordance with sub-paragraph (4).

(4) The test procedure for determining levels of hydrogen concentration in sub-paragraph (2) is the test procedure for integrity of enclosed spaces and detection systems in paragraph 3.2 of Annex 5 to ECE Regulation 134.02.

(5) If, during operation, the hydrogen concentration exceeds 3.0% by volume in the air in the enclosed or semi-enclosed spaces of the hydrogen-fuelled vehicle, a warning must be provided in accordance with paragraph 7.

(6) If, during operation, the hydrogen concentration exceeds 4.0% by volume in the air in the enclosed or semi-enclosed spaces of the hydrogen-fuelled vehicle, the main shut-off valve must be closed to isolate the compressed hydrogen storage system.

Signal warning to driver

7

(1) A warning must be provided if the condition in paragraph 6(5) is met.

(2) The warning must be given by a visual signal or display text and must—

(a) be visible to the driver while the driver is in their designated seating position with their seat belt fastened;

(b) be yellow in colour if the detection system malfunctions;

(c) be red in colour if a single failure results in a hydrogen concentration exceeding 3.0% by volume in the air in the enclosed or semi-enclosed spaces of the hydrogen-fuelled vehicle;

(d) when illuminated, be visible to the driver under both daylight and night time driving conditions;

(e) remain illuminated if the ignition locking system is on the ‘On’ or ‘Run’ position, or if the propulsion system is activated, and—

(i) hydrogen concentration exceeds 3.0% by volume in the air in the enclosed or semi-enclosed spaces of the hydrogen-fuelled vehicle, or

(ii) a detection system malfunction exists.

Fuel system leakage

8

(1) The hydrogen fuelling line, including piping and joints, that is downstream of any shut-off valves to the fuel cell system or the engine must not leak.

(2) Compliance with sub-paragraph (1) must be verified at nominal working pressure using the test procedure set out in paragraph 5 of Annex 5 to ECE Regulation 134.02.

Additional installation requirements

9

(1) Each container must be mounted in a position that is between two vertical planes that are located perpendicular to the centre line of the hydrogen-fuelled vehicle.

(2) The two vertical planes referred to in sub-paragraph (1) must be located at least—

(a) 200 mm rearward from the front edge of the hydrogen-fuelled vehicle, and

(b) 200 mm forward of the rear edge of the hydrogen-fuelled vehicle.

(3) Each container must be mounted in a position that is between the two vertical planes that are parallel to the centre line of the hydrogen-fuelled vehicle.

(4) The two vertical planes referred to in sub-paragraph (3) must be located at least 200 mm inside from the outermost edges of the hydrogen-fuelled vehicle in the proximity of each container.

(5) A hydrogen-fuelled vehicle that does not comply with sub-paragraphs (3) and (4) may still be considered compliant with the requirements of this paragraph if it has passed the lateral impact test specified in paragraph 7.2.4.3 of ECE Regulation 134.02.

(6) For the purposes of sub-paragraph (5)—

(a) the lateral impact test must be conducted by a Technical Service that is responsible for conducting approval tests and that has been communicated to the United Nations secretariat in accordance with paragraph 12 of ECE Regulation 134.02;

(b) the requirement for the compressed hydrogen storage system to be filled with hydrogen or helium in paragraph 1 of Part 1 or paragraph 1 of Part 2 of Annex 8 to ECE Regulation 134.02 does not need to be met if the following criteria are met instead—

(i) the compressed hydrogen storage system is empty or filled with an inert gas to a pressure below or equal to 20 bar for the purposes of the lateral impact test,

(ii) after the lateral impact test, any inert gas is removed and the compressed hydrogen storage system is repressurised to nominal working pressure with hydrogen or helium, before the Technical Service tests hydrogen gas leakage in accordance with paragraph 7.2.1 of ECE Regulation 134.02, and

(iii) for the purposes of sub-paragraph (ii), the time interval for starting measurement of hydrogen gas leakage is after the compressed hydrogen storage system has been repressurised with hydrogen or helium;

(c) demonstration of compliance through the calculation method described in paragraph 7.2.4.3 of ECE Regulation 134.02 is not permitted as an alternative to the lateral impact test.

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