The Road Vehicles (Construction and Use) Regulations 1986
- (b) “mirror” means any device with a reflecting surface, excluding devices such as periscopes, intended to give a clear view to the rear, side or front of the vehicle;
- (c) “interior mirror” means a device defined in sub-paragraph (a), which can be fitted in the passenger compartment of a vehicle;
- (d) “exterior mirror” means a device defined in sub-paragraph (a), which can be fitted on the external surface of a vehicle;
- (e) “class IV” and “class V”, in relation to mirrors, have the meanings given in point 1.1.1.14 of Annex I to Community Directive 2003/97; and
- (f) “a relevant vehicle” means a vehicle which—
- (i) would be a goods vehicle of a class referred to in column 2 of item 4 or 6 of the Table if “1st January 2000” were substituted for “26th January 2007”; and
- (ii) is not outside the scope of Community Directive 2007/38 by virtue of article 2(2)(b) or (c) of that Directive.
- (8) In the case of—
- (a) an agricultural motor vehicle, or
- (b) a vehicle described in items 2 or 8 in the Table,
when drawing a trailer the references to a vehicle in the definitions in paragraph (7) shall be construed as including references to that trailer.
- (9) Where a provision is applied by paragraph (6C) or (6D) to a vehicle which was first used on or after 1st January 2000, that provision applies to the vehicle whatever the date of manufacture of the vehicle, and regulation 4(2) is disapplied accordingly.
- (10) A vehicle within scope of paragraph (1) will be deemed compliant with the requirements of this regulation if it has a camera-monitor system where the requirements in ECE Regulation 46.04, other than those at paragraphs 13, 14, and 17 to 21 of that Regulation, are met.
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Item | Class of vehicle | Mirrors or other devices for indirect vision to be fitted | Requirements to be complied with by any mirrors fitted | Requirements to be complied with by any other devices for indirect vision where fitted |
| 1 | A motor vehicle which is—drawing a trailer, if a person is carried on the trailer so that he has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear;a works truck;a track-laying agricultural motor vehicle; anda wheeled agricultural motor vehicle first used before 1st June 1978, if, in each case, the driver can easily obtain a view to the rear;a pedestrian-controlled vehicle;a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; oran agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which—is a track-laying vehicle oris a wheeled vehicle first used before 1st June 1978. | No requirement. | aIf the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation.bIn other cases, none, except as specified in paragraph (3). | None |
| 2. | A motor vehicle not included in item 1, which is—a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978;an agricultural motor vehicle, not being—a track laying vehicle with an unladen weight not exceeding 7370 kg (which falls in item 11);a category T tractor first used after 1st June 1986 which is driven at more than 40 km/h (which falls in item 8);a wheeled agricultural vehicle, other than a category T tractor, first used after 1st June 1986 which is driven at more than 20 mph (which falls in item 8); ora works truck. | At least one exterior mirror fitted on the offside. | None, except as specified in paragraphs (2) and (3). | None. |
| 3. | A wheeled motor vehicle not included in items 1 or 4 first used on or after 1st April 1983 which is—aa bus; or ba goods vehicle with a maximum gross weight exceeding 3500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 5. | Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 8. | Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None. |
| 4. | A wheeled motor vehicle not included in item 1 first used on or after 26th January 2007 which is— aa bus; ba goods vehicle with a maximum gross weight—iexceeding 3500 kg but not exceeding 7500 kg; oriiexceeding 7500 kg but not exceeding 12,000 kg; (not being an agricultural motor vehicle or one which is not driven at more than 20 mph). | (a) and (b)(ii) Mirrors and other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02.(b)(i) Mirrors or other devices for indirect vision complying with Community Directive 2005/27. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
| 5. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988 and before 26th January 2007. | Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01. | Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None |
| 6. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 26th January 2007. | Mirrors or other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
| 7. | A two-wheeled motor cycle with or without a sidecar attached. | No requirement. | aIf the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation.bIn other cases, none. | None. |
| 8. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978) and before 26th January 2010. | iAt least one exterior mirror fitted on the offside of the vehicle; andiiat least one interior mirror, unless a mirror so fitted would give the driver no view to the rear of the vehicle; andiiiat least one exterior mirror fitted on the nearside of the vehicle unless an interior mirror gives the driver an adequate view to the rear. | Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4) of this regulation. | None. |
| 9. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 26th January 2010. | Mirrors complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | If fitted to comply with Part B of Annex II to Community Directive 2003/97 or paragraphs 4, 5 and 6.2 of ECE Regulation 46.02. |
| 10. | A wheeled motor vehicle, not in items 1 to 7, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is—a bus;a dual-purpose vehicle; ora goods vehicle. | At least one exterior mirror fitted on the offside of the vehicle and either one interior mirror or one exterior mirror fitted on the near-side of the vehicle. | None, except as specified in paragraph (3). | None. |
| 11. | A motor vehicle, whether wheeled or track-laying, not in items 1 to 10. | At least one interior or exterior mirror. | None, except as specified in paragraph (3). | None. |
Windscreen wipers and washers
34
- (1) Subject to paragraphs (4) and (5), every vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.
- (2) Save as provided in paragraphs (3), (4) and (5), every wheeled vehicle required by paragraph (1) to be fitted with a wiper or wipers shall also be fitted with a windscreen washer capable of cleaning, in conjunction with the windscreen wiper, the area of the windscreen swept by the wiper of mud or similar deposit.
- (3) The requirement specified in paragraph (2) does not apply in respect of—
- (a) an agricultural motor vehicle, not being a category T tractor, unless it is first used on or after 1st June 1986 and is driven at more than 20 mph;
- (aa) a category T tractor unless it is first used on or after 1st June 1986 and is driven at more than 40 km/h;
- (b) a track-laying vehicle;
- (c) a vehicle having a maximum speed not exceeding 20 mph; or
- (d) a vehicle being used to provide a local service, as defined in the Transport Act 1985.
- (4) Instead of complying with paragraphs (1) and (2), a vehicle may comply with Community Directive 78/318.
- (5) Instead of complying with paragraph (1) an agricultural motor vehicle may comply with Community Directive 79/1073.
- (6) Every wiper and washer fitted in accordance with this regulation shall at all times while a vehicle is being used on a road be maintained in efficient working order and be properly adjusted.
F — INSTRUMENTS AND EQUIPMENT
Speedometers
35
- (1) Save as provided in paragraphs (2) and (3), every motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch, separately.
- (2) Paragraph (1) does not apply to—
- (a) a vehicle having a maximum speed not exceeding 25 mph;
- (b) a vehicle which it is at all times unlawful to drive at more than 25 mph;
- (c) an agricultural motor vehicle , not being a category T tractor, which is not driven at more than 20 mph;
- (ca) a category T tractor which is not driven at more than 40 km/h;
- (d) a motor cycle first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc;
- (e) an invalid carriage first used before 1st April 1984;
- (f) a works truck first used before 1st April 1984;
- (g) a vehicle first used before 1st October 1937; or
- (h) a vehicle equipped with recording equipment marked with a marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 3 in Schedule 4 to those Regulations (whether or not the vehicle is required to be equipped with that equipment) and which, as regards the visual indications given by that equipment of the speed of the vehicle, complies with the requirements relating to the said indications and installations specified in the EU Tachographs Regulation.
- (3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 97/39 or with ECE Regulation 39.
Maintenance of speedometers
36
- (1) Every instrument for indicating speed fitted to a motor vehicle—
- (a) in compliance with the requirements of regulation 35(1) or (3); or
- (b) to which regulation 35(2)(h) relates and which is not, under the EU Tachographs Regulation, required to be equipped with the recording equipment mentioned in that paragraph,
shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.
- (2) In this regulation “all material times” means all times when the motor vehicle is in use on a road except when—
- (a) the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or
- (b) as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.
Audible warning instruments
37
- (1)
- (a) Subject to sub-paragraph (b), every motor vehicle which has a maximum speed of more than 20 mph shall be fitted with a horn, not being a reversing alarm or a two-tone horn.
- (b) Sub-paragraph (a) shall not apply to an agricultural motor vehicle , not being a category T tractor, unless it is being driven at more than 20 mph.
- (c) Sub-paragraph (a) shall not apply to a category T tractor unless it is being driven at more than 40 km/h.
- (2) Subject to paragraph (6), the sound emitted by any horn, other than a reversing alarm or a two-tone horn, fitted to a wheeled vehicle first used on or after 1st August 1973 shall be continuous and uniform and not strident.
- (3) A reversing alarm fitted to a wheeled vehicle shall not be strident.
- (4) Subject to paragraphs (5), (6) and (7) no motor vehicle shall be fitted with a bell, gong, siren or two-tone horn.
- (5) The provisions of paragraph (4) shall not apply to motor vehicles—
- (a) 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... or police purposes;
- (aza) used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;
- (aa) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), used for Serious Organised Crime Agency purposes;
- (ab) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, used for Serious Organised Crime Agency purposes;
- (b) owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;
- (c) owned by the Forestry Commission or by local authorities and used from time to time for the purposes of fighting fires;
- (ca) owned by the Scottish Ministers for the purposes of their functions under the Forestry and Land Management (Scotland) Act 2018 and used from time to time for the purposes of fighting fires,
- (d) owned by the Secretary of State for Defence and used for the purposes of the disposal of bombs or explosives;
- (e) used for the purposes of the Blood Transfusion Service provided under the National Health Service Act 1977 or under the National Health Service (Scotland) Act 1947;
- (f) used by Her Majesty's Coastguard or the Coastguard Auxiliary Service to aid persons in danger or vessels in distress on or near the coast;
- (g) used for the purposes of rescue operations at mines;
- (h) owned by the Secretary of State for Defence and used by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations in connection with crashed aircraft or any other emergencies; ...
- (i) owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats;
- (j) a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given by section 93(4) of the Police Act 1997); ...
- (k) owned or operated by the Secretary of State for Defence and used—
- (i) for the purpose of any activity—
- (aa) which prevents or decreases the exposure of persons to radiation arising from a ... radiation emergency; or
- (bb) in connection with an event which could lead to a ... radiation emergency; or
- (ii) for special forces purposes ; or
- (l) used for mountain rescue purposes.
- (6) The provisions of paragraphs (2) and (4) shall not apply so as to make it unlawful for a motor vehicle to be fitted with an instrument or apparatus (not being a two-tone horn) designed to emit a sound for the purpose of informing members of the public that goods are on the vehicle for sale.
- (7) Subject to paragraph (8), the provisions of paragraph (4) shall not apply so as to make it unlawful for a vehicle to be fitted with a bell, gong or siren—
- (a) if the purpose thereof is to prevent theft or attempted theft of the vehicle or its contents; or
- (b) in the case of a bus, if the purpose thereof is to summon help for the driver, the conductor or an inspector.
- (8) Every bell, gong or siren fitted to a vehicle by virtue of paragraph (7)(a), and every device fitted to a motor vehicle first used on or after 1st October 1982 so as to cause a horn to sound for the purpose mentioned in paragraph (7)(a), shall be fitted with a device designed to stop the bell, gong, siren or horn emitting noise for a continuous period of more than five minutes; and every such device shall at all times be maintained in good working order.
- (9) Instead of complying with paragraphs (1), (2) and (4) to (8), a vehicle may comply with Community Directive 70/388 or ECE Regulation 28 or, if the vehicle is an agricultural motor vehicle, with Community Directive 74/151.
- (9A) In this regulation—
- “radiation emergency” has the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2019;
- “special forces” means those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director; and
- “special forces purposes” means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.
- (10) In this regulation and in regulation 99—
- (a) “horn” means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted;
- (b) references to a bell, gong or siren include references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell, gong or siren;
- (c) “reversing alarm” means a device fitted to a motor vehicle and designed to warn persons that the vehicle is reversing or is about to reverse; and
- (d) “two-tone horn” means an instrument which, when operated, automatically produces a sound which alternates at regular intervals between two fixed notes.
Motor cycle sidestands
38
- (1) No motor cycle first used on or after 1st April 1986 shall be fitted with any sidestand which is capable of—
- (a) disturbing the stability or direction of the motor cycle when it is in motion under its own power; or
- (b) closing automatically if the angle of the inclination of the motor cycle is inadvertently altered when it is stationary.
- (2) In this regulation “sidestand” means a device fitted to a motor cycle which, when fully extended or pivoted to its open position, supports the vehicle from one side only and so that both the wheels of the motor cycle are on the ground.
G — FUEL
Petrol tanks
39
- (1) This regulation applies to every fuel tank which is fitted to a wheeled vehicle for the purpose of supplying fuel to the propulsion unit or to an ancillary engine or to any other equipment forming part of the vehicle.
- (2) Subject to paragraphs (3) , (3A) and (4), every fuel tank to which this regulation applies—
- (a) shall be constructed and maintained so that the leakage of any liquid from the tank is adequately prevented;
- (b) shall be constructed and maintained so that the leakage of vapour from the tank is adequately prevented; and
- (c) if it contains petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928) and is fitted to a vehicle first used on or after 1st July 1973, shall be—
- (i) made only of metal; and
- (ii) fixed in such a position and so maintained as to be reasonably secure from damage.
- (3) Notwithstanding the requirement of paragraph (2)(b), the fuel tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.
- (3A) Sub-paragraph (i) of paragraph 2(c) shall not have effect in relation to a two-wheeled motor cycle (with or without a side-car) first used on or after 1st February 1993.
- (4) Instead of complying with the requirements of paragraphs (2) and (3) as to construction, a vehicle may comply with the requirements of Community Directive 70/221 (insofar as they relate to fuel tanks) or ECE Regulation 34 or 34.01 or, if the vehicle is an agricultural motor vehicle, of Community Directive 74/151.
Gas propulsion systems and gas-fired appliances
40
- (1) A vehicle which is—
- (a) a motor vehicle which first used gas as a fuel for its propulsion before 19th November 1982; or
- (b) a trailer manufactured before 19th November 1982 to which there is fitted a gas container,
shall be so constructed that it complies either with the provisions of Schedule 4 or with the provisions of Schedule 5.
- (2) Subject to paragraph (2A), a vehicle which is—
- (a) a motor vehicle which first used liquefied petroleum gas as a fuel for its propulsion on or after 19th November 1982; or
- (b) a motor vehicle first used on or after 1st May 1984 or a trailer manufactured on or after 19th November 1982 which is in either case equipped with a gas container or a gas-fired appliance,
shall comply with the provisions of Schedule 5 or with ECE Regulation 67 or 67.01.
- (2A) A vehicle which first used liquefied petroleum gas as a fuel for its propulsion on or after 13th November 1999 shall comply with the provisions of Schedule 5 or ECE Regulation 67.01.
- (3) The requirements of this regulation are in addition to, and not in derogation from, the requirements of any regulations made under powers conferred by the petroleum (Consolidation) Act 1928, the Health and Safety at Work etc. Act 1974, the Control of Pollution Act 1974 or any other Act or of any codes of practice issued under the Health and Safety at Work etc. Act 1974.
- (4) In this regulation “gas container” has the meaning given in Schedule 4 where compliance with the provisions of that Schedule is concerned and otherwise has the meaning given in Schedule 5.
H — MINIBUSES
Minibuses
41
The requirements specified in Schedule 6 shall apply to every minibus first used on or after 1st April 1988 except a vehicle—
- (a) manufactured by Land Rover U.K. Limited and known as the Land Rover; or
- (b) constructed or adapted for the secure transport of prisoners.
Fire extinguishing apparatus
42
- (1) No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries suitable and efficient apparatus for extinguishing fire which is of a type specified in Part I of Schedule 7.
- (2) The apparatus referred to in paragraph (1) above shall be—
- (a) readily available for use;
- (b) clearly marked with the appropriate British Standards Institution specification number; and
- (c) maintained in good and efficient working order.
- (3) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.
First aid equipment
43
- (1) No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries a receptacle which contains the items specified in Part II of Schedule 7.
- (2) The receptacle referred to in paragraph (1) above shall be—
- (a) maintained in a good condition;
- (b) suitable for the purpose of keeping the items referred to in the said paragraph in good condition;
- (c) readily available for use; and
- (d) prominently marked as a first aid receptacle.
- (3) The items referred to in paragraph (1) above shall be maintained in good condition and shall be of a good and reliable quality and of a suitable design.
- (4) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.
Carriage of dangerous substances
44
- (1) Save as provided in paragraph (2), no person shall use or cause or permit to be used on a road a minibus by which any highly inflammable or otherwise dangerous substance is carried unless that substance is carried in containers so designed and constructed, and unless the substance is so packed, that, notwithstanding an accident to the vehicle, it is unlikely that damage to the vehicle or injury to passengers in the vehicle will be caused by the substance.
- (2) Paragraph (1) shall not apply in relation to the electrolyte of a battery installed in an electric wheelchair provided that the wheelchair is securely fixed to the vehicle.
- (3) This regulation does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.
I — POWER TO WEIGHT RATIO
Power to weight ratio
45
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J — PROTECTIVE SYSTEMS
Seat belt anchorage points
46
- (1) This regulation applies to a motor vehicle which is not an excepted vehicle and is—
- (a) a bus first used on or after 1st April 1982;
- (b) a wheeled motor car first used on or after 1st January 1965;
- (c) a three-wheeled motor cycle which has an unladen weight exceeding 255 kg and which was first used on or after 1st September 1970; or
- (d) a heavy motor car first used on or after 1st October 1988.
- (2) Each of the following is an excepted vehicle—
- (a) a goods vehicle (other than a dual-purpose vehicle)—
- (i) first used before 1st April 1967;
- (ii) first used on or after 1st April 1980 and before 1st October 1988 and having a maximum gross weight exceeding 3500 kg; or
- (iii) first used before 1st April 1980 or, if the vehicle is of a model manufactured before 1st October 1979, first used before 1st April 1982 and, in either case, having an unladen weight exceeding 1525 kg;
- (b) an agricultural motor vehicle;
- (c) a motor tractor;
- (d) a works truck;
- (e) an electrically propelled goods vehicle first used before 1st October 1988;
- (f) a pedestrian-controlled vehicle;
- (g) a vehicle which has been used on roads outside Great Britain, whilst it is being driven from the place at which it arrived in Great Britain to a place of residence of the owner or driver of the vehicle, or from any such place to a place where, by previous arrangement, it will be provided with such anchorage points as are required by this regulation and with such seat belts as are required by regulation 47;
- (h) a vehicle having a maximum speed not exceeding 16 mph;
- (i) a motor cycle equipped with a driver’s seat of a type requiring the driver to sit astride it, and which is constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description;
- (j) a locomotive.
- (3) A vehicle which falls within a description specified in column (2) of an item in the Table below shall be equipped with anchorage points for seat belts for the use of persons sitting in the seats specified in column (3) of that item and those anchorage points (“mandatory anchorage points”) shall comply with the requirements specified in column (4).
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Item | Description of vehicle | Seats for which mandatory anchorage points are to be provided | Technical and installation requirements |
| 1. | Any vehicle first used before 1st April 1982 | The driver’s seat and specified passenger seat (if any) | Anchorage points must be designed to hold seat belts securely in position on the vehicle |
| 2. | Minibus constructed or adapted to carry not more than 12 seated passengers in addition to the driver, motor ambulance or motor caravan which, in any such case, was first used on or after 1st April 1982 but before 1st October 1988 | The driver’s seat and specified passenger seat (if any) | The technical and installation (but not the testing) requirements of Community Directive 76/115, 81/575, 82/318, 90/629 or 96/38 or ECE Regulation 14, 14.01, 14.02, 14.03, 14.04 or 14.05 whether or not those instruments apply to the vehicle |
| 3. | Minibus (not being a vehicle falling within item 7 or 8) having a gross weight not exceeding 3500 kg, motor ambulance or motor caravan which, in any such case, was first used on or after 1st October 1988 | The driver’s seat and each forward-facing front seat | The requirements specified in column (4) of item 2 |
| 4. | Goods vehicle first used on or after 1st October 1988 but before 1st October 2001 and having a maximum gross weight exceeding 3500 kg | The driver’s seat and each forward-facing front seat | 2 or 3 anchorage points designed to hold seat belts securely in position |
| 5. | Goods vehicle first used on or after 1st October 2001 and having a maximum gross weight exceeding 3500 kg | All forward-facing front seats | The technical and installation requirements of Community Directive 96/38 or ECE Regulation 14.04 or 14.05 |
| 6. | Coach first used on or after 1st October 1988 but before 1st October 2001 | All exposed forward-facing seats | The requirements specified in column (4) of item 2 or, if the anchorage points were fitted before 1st October 2001 and form part of a seat, a requirement that they do not, when a forward horizontal force is applied to them, become detached from the seat before the seat becomes detached from the vehicle |
| 7. | Bus (other than an urban bus) having a gross vehicle weight exceeding 3500 kg and first used on or after 1st October 2001 | Anchorage points for every forward-facing and every rearward-facing seat | The requirements specified in column (4) of item 5 |
| 8. | Bus (other than an urban bus) having a gross vehicle weight not exceeding 3500 kg and first used on or after 1st October 2001 | Every forward-facing and every rearward-facing seat | The requirements specified in column (4) of item 5 |
| 9. | Passenger or dual-purpose vehicle (other than a bus) first used on or after 1st April 1982 and not falling within any of items 2 to 8 | Every forward-facing seat constructed or adapted to accommodate no more than one adult | The requirements specified in column (4) of item 2 |
| 10. | Vehicle (other than a bus) first used on or after 1st April 1982 and not falling within any of items 2 to 9 | Every forward-facing front seat and every non-protected seat | The requirements specified in column (4) of item 2 |
- (4) Any anchorage fitted after 1st October 2001 to a bus not falling within item 7 or 8 of the Table in paragraph (3) must comply with the technical and installation (but not the testing) requirements of Community Directive 76/115, 81/575, 82/318, 90/629 or 96/38 or ECE Regulation 14, 14.01, 14.02, 14.03, 14.04 or 14.05 whether or not those instruments apply to the vehicle.
- (5) Subject to paragraph (6), where a vehicle to which this regulation applies and which falls within a class specified in an item of the Table in paragraph (3) is fitted with non-mandatory anchorage points, those anchorage points shall comply with the requirements applicable to the mandatory anchorage points specified for that item.
- (6) Paragraph (5) does not apply to non-mandatory anchorage points fitted to—
- (a) a minibus before 1st April 1986; or
- (b) any other vehicle before 1st October 1988.
- (7) For the purposes of this regulation—
- (a) the expressions “exposed forward-facing seat”, “forward-facing front seat”, “lap belt”, “seat belt” and “specified passenger’s seat” have the same meaning as in regulation 47(8);
- (b) “mandatory anchorage points” has the meaning given in paragraph (3) and “non-mandatory anchorage points” means anchorage points which are not mandatory anchorage points;
- (c) a seat is a “non-protected seat” if it is not a front seat and the screen zones within the protected area have a combined surface of less than 800 cm²;
- (d) “screen zone” and “protected area” in relation to a seat shall be construed in accordance with paragraph 4.3.3 of Annex I to Community Directive 81/575; and
- (e) “urban bus” means a bus designed for urban use with standing passengers and includes a vehicle which is—
- (i) a Class I vehicle as defined by paragraph 2.1.2.1.3.1.1 of Annex I of Community Directive 97/27/EC;
- (ii) a Class II vehicle as defined by paragraph 2.1.2.1.3.1.2 of that Annex; or
- (iii) a Class A vehicle as defined by paragraph 2.1.2.1.3.2.1 of that Annex.
- (8) A vehicle which is not required by this regulation to comply with the technical and installation requirements of Community Directive 76/115, 81/575, 82/318, 90/629 or 96/38 or ECE Regulation 14, 14.01, 14.02, 14.03, 14.04 or 14.05 shall nevertheless be taken to comply with the provisions of this regulation if it does comply with those requirements.
Seat belts
47
- (1) This regulation applies to every vehicle to which regulation 46 applies.
- (2) Save as provided in paragraph (4) a vehicle to which—
- (a) this regulation applies which was first used before 1st April 1981 shall be provided with—
- (i) a body-restraining ... belt, designed for use by an adult, for the driver's seat; and
- (ii) a body-restraining ... belt for the specified passenger's seat (if any);
- (b) this regulation applies which is first used on or after 1st April 1981 shall be provided with three-point ... belts for the driver's seat and for the specified passenger's seat (if any);
- (c) item 9 or 10 of the Table in regulation 46(3) applies which is first used on or after 1st April 1987 shall be fitted with seat belts additional to those required by sub-paragraph (b) as follows—
- (i) for any forward-facing front seat alongside the driver's seat, not being a specified passenger's seat, a seat belt which is a three-point belt, or a lap belt installed in accordance with paragraph 3.1.2.1 of Annex 1 to Community Directive 77/541 or a disabled person's belt;
- (ii) in the case of a passenger or dual-purpose vehicle having not more than two forward-facing seats behind the driver's seat with either—
- (A) an inertia reel belt for at least one of those seats, or
- (B) a three-point belt, a lap belt, a disabled person's belt or a child restraint for each of those seats;
- (iii) in the case of a passenger or dual-purpose vehicle having more than two forward-facing seats behind the driver's seat, with either—
- (A) an inertia reel belt for one of those seats being an outboard seat and a three-point belt, a lap belt, a disabled person's belt or a child restraint for at least one other of those seats;
- (B) a three-point belt for one of those seats and either a child restraint or a disabled person's belt for at least one other of those seats; or
- (C) a three-point belt, a lap belt, a disabled person's belt or a child restraint for each of those seats.
- (d) item 3 of the Table in regulation 46(3) applies shall be fitted with seat belts as follows—
- (i) for the driver’s seat and the specified passenger’s seat (if any) a three-point belt; and
- (ii) for any forward-facing front seat which is not a specified passenger’s seat, a three-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);
- (e) item 4 of the Table in regulation 46(3) applies shall be equipped with seat belts which shall be three-point belts, lap belts or disabled person’s belts ;
- (f) item 5 of the Table in regulation 46(3) applies shall be fitted—
- (i) as respects the driver’s seat with a three-point belt or a lap belt; and
- (ii) as respects every other forward-facing front seat with a three-point belt, a lap belt installed in accordance with paragraph 3.1.2.1 of Annex I to Community Directive 77/541 or a disabled person’s belt;
- (g) item 7 of the Table in regulation 46(3) applies shall be fitted, as respects every forward-facing seat, with—
- (i) an inertia reel belt;
- (ii) a retractable lap belt installed in compliance with paragraph 3.1.10 of Annex I to Community Directive 96/36 or 2000/3;
- (iii) a disabled person’s belt; or
- (iv) a child restraint;
- (h) item 7 of the Table in regulation 46(3) applies shall be fitted, as respects every rearward-facing seat, with—
- (i) an inertia reel belt;
- (ii) a retractable lap belt;
- (iii) a disabled person’s belt; or
- (iv) a child restraint;
- (i) item 8 of the Table in regulation 46(3), as respects every forward-facing seat, with—
- (i) an inertia reel belt;
- (ii) a disabled person’s belt; or
- (iii) a child restraint;
- (j) item 8 of the Table in regulation 46(3), as respects every rearward-facing seat, with—
- (i) an inertia reel belt;
- (ii) a retractable lap belt;
- (iii) a disabled person’s belt; or
- (iv) a child restraint.
Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat (other than the driver’s seat or any crew seat) of a coach either—
- (i) there shall be provided padding to a depth of not less than 50mm, on that part of the surface or edge of any bar, or the top or edge of any screen or partition, which would be likely to be struck by the head of a passenger wearing the lap belt in the event of an accident; or
- (ii) the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met, in respect of any such bar, screen or partition,
but nothing in sub-paragraph (i) above shall require padding to be provided on any surface more than 1m from the centre of the line of intersection of the seat cushion and the back rest or more than 150mm on either side of the longitudinal vertical plane which passes through the centre of that line, nor shall it require padding to be provided on any instrument panel of a minibus.
- (3) Every seat belt for an adult, other than a disabled person's belt, provided for a vehicle in accordance with any of paragraphs (2)(b) to (j) shall, except as provided in paragraph (6), comply with the installation requirements specified in paragraph 3.2.2 to 3.3.4 of Annex I to Community Directive 77/541 , 82/319, 90/628, 96/36 or 2000/3 whether or not those Directives apply to the vehicle.
- (4) The requirements specified in paragraph (2) do not apply—
- (a) to a vehicle while it is being used under a trade licence within the meaning of section 11 of the Vehicle Excise and Registration Act 1994;
- (b) to a vehicle, not being a vehicle to which the Type Approval (Great Britain) Regulations apply, while it is being driven from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles—
- (i) to premises of a distributor of or dealer in vehicles or of the purchaser of the vehicle, or
- (ii) to premises of a person obtaining possession of the vehicle under a hiring agreement or hire-purchase agreement;
- (c) in relation to any seat for which there is provided—
- (i) a seat belt which bears a mark including the specification number of the British Standard for Passive Belt Systems, namely BS AU 183:1983 and including the registered certification trade mark of the British Standards Institution; ...
- (ii) a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps which bears a British Standard mark or a mark including the specification number for the British Standard for Seat Belt Assemblies for Motor Vehicles, namely BS 3254:1960 or BS 3254: Part 1: 1988 and including the registered certification trade mark of the British Standards Institution, or the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at item 16 ot 16A in Schedule 2 to those Regulations;
- (iii) a seat belt which satisfies the requirements of a standard corresponding to the British Standard referred to in sub-paragraph (i); or
- (iv) a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps and which satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (ii).
- (d) in relation to the driver's seat or the specified passenger's seat (if any) of a vehicle which has been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability, in a case where a disabled person's belt for an adult person is provided for use for that seat.
- (e) to a vehicle to which item 4 of the Table in regulation 46(3) applies.
- (4A) Vehicles constructed or adapted for the secure transport of prisoners shall not be required to comply with the requirements of paragraph (2) in relation to seats for persons other than the driver and any front seat passenger provided that those seats shall have seat belt anchorage points provided for them in accordance with regulation 46.
- (5) Every seat belt provided in pursuance of paragraph (2) shall be properly secured to the anchorage points provided for it in accordance with regulation 46; or, in the case of a child restraint, to anchorages specially provided for it or, in the case of a disabled person's belt first fitted before 1st October 2001, secured to the vehicle or to the seat which is being occupied by the person wearing the belt.
- (6) Paragraph (3), in so far as it relates to the second paragraph of paragraph 3.3.2 of the Annex there mentioned (which concerns the locking or releasing of a seat belt by a single movement) does not apply in respect of a seat belt fitted for—
- (a) a seat which is treated as a specified passenger's seat by virtue of the provisions of sub-paragraph (ii) in the definition of “specified passenger's seat” in paragraph (8); or
- (b) any forward-facing seat for a passenger alongside the driver's seat of a goods vehicle which has an unladen weight of more than 915 kg and has more than one such seat, any such seats for passengers being joined together in a single structure.
- (c) any seat (other than the driver’s seat) fitted to a coach.
- (7) Every seat belt, other than a disabled person's belt or a seat belt of a kind mentioned in paragraph (4)(c) above, provided for any person in a vehicle to which this regulation applies shall be legibly and permanently marked—
- (a) ... with a British Standard mark or a designated approval mark ; or
- (b) with an EC Component Type-Approval Mark complying with Annex III to Community Directive 2000/3.
Provided this paragraph shall not operate so as to invalidate the exception permitted in paragraph (6).
- (7A) Paragraph (7) does not apply to—
- (a) a seat belt for an adult ... that satisfies the requirements of a standard corresponding to either of the British Standards referred to in sub-paragraph (i)(a) of the definition of “British Standard mark” in paragraph (8); or
- (b) a child restraint that satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (i)(b) of that definition.
- (7B) For the purposes of this regulation a reference to a standard corresponding to a specified British Standard is a reference to—
- (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 recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides in relation to seat belts, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the marking of seat belts equivalent to that provided by the British Standard.
- (7C) For the purposes of paragraph (7B)—
- (a) “EEA State” means a State which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the state of Liechtenstein; and
- (b) “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
- (8) In this regulation—
- “body-restraining ... belt” means a seat belt designed to provide restraint for both the upper and lower parts of the trunk of the wearer in the event of an accident to the vehicle;
- “British Standard mark” means a mark consisting of— the specification number of one of the following British Standards for Seat Belt Assemblies for Motor Vehicles, namely—if it is a seat belt for an adult, BS 3254; 1960 or BS 3254: Part 1: 1988; orif it is a child restraint, BS 3254:1960 or BS 3254: 1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210, BS 3254: Part 2: 1988 or BS 3254: Part 2: 1991, BS AU 185, BS AU 186 or 186a, BS AU 202 , BS AU 202a or BS AU 202b; and, in either case,the registered certification trade mark of the British Standards Institution;
- “child restraint” means a seat belt for the use of a young person which is designed either to be fitted directly to a suitable anchorage or to be used in conjunction with a seat belt for an adult and held in place by the restraining action of that belt: Provided that for the purposes of paragraph (2)(c)(ii)(B) and (2)(c)(iii) it means only such seat belts fitted directly to a suitable anchorage and excludes belts marked with the specification numbers BS AU 185 and BS AU 186 or 186a.
- “crew seat” has the same meaning as in regulation 3(1) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981;
- “designated approval mark” meansif it is a seat belt other than a child restraint, the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at items 16 and 16A of Schedule 2 to those Regulations or the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 23 , 23A and 23B in Schedule 4 to those Regulations, andif it is a child restraint, any of the markings designated as approval marks by regulation 4 of those Regulations and shown at items 44, 44A , 44B and 44C in Schedule 2 to those Regulations.
- “disabled person's belt” means a seat belt which has been specially designed or adapted for use by an adult or young person suffering from some physical defect or disability and which is intended for use solely by such a person;
- “exposed forward-facing seat” means—a forward-facing front seat (including any crew seat) and the driver’s seat; andany other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;
- “forward-facing front seat” means—any forward-facing seat alongside the driver’s seat; orif the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (i) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;
- “forward-facing seat” means a seat which is attached to a vehicle so that it faces towards the front of the vehicle in such a manner that a line passing through the centre of both the front and the back of the seat is at an angle of 30° or less to the longitudinal axis of the vehicle;
- “forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;
- “high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle.
- “inertia reel belt” means a three-point belt of either of the types required for a front outboard seating position by paragraph 3.1.1. of Annex 1 to Community Directive 77/541;
- “lap belt” means a seat belt which passes across the front of the wearer's pelvic region and which is designed for use by an adult;
- “retractable lap belt” means a lap belt with either an automatically locking retractor (as defined in paragraph 1.8.3 of Annex I to Community Directive 77/541) or an emergency locking retractor (as defined in paragraph 1.8.4 of Annex I to Community Directive 77/541);
- “seat” includes any part designed for the accommodation of one adult of a continuous seat designed for the accommodation of more than one adult;
- “seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle and includes, in the case of a child restraint, any special chair to which the belt is attached;
- “specified passenger's seat” means— in the case of a vehicle which has one forward-facing front seat alongside the driver's seat, that seat, and in the case of a vehicle which has more than one such seat, the one furthest from the driver's seat; orif the vehicle normally has no seat which is the specified passenger's seat under sub-paragraph (i) of this definition the forward-facing front seat for a passenger which is foremost in the vehicle and furthest from the driver's seat, unless there is a fixed partition separating that seat from the space in front of it alongside the driver's seat; and
- “three-point belt” means a seat belt which— restrains the upper and lower parts of the torso;includes a lap belt;is anchored at not less than three points; andis designed for use by an adult.
Maintenance of seat belts and anchorage points
48
- (1) This regulation applies to every seat belt with which a motor vehicle is required to be provided in accordance with regulation 47 and to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of every such seat belt and also to every anchorage with which a goods vehicle is required to be provided in accordance with regulation 46(3) and item 4 in the Table in that regulation.
- (2) For the purposes of this regulation the anchorages and anchorage points of a seat belt shall, in the case of a seat which incorporates integral seat belt anchorages, include the system by which the seat assembly itself is secured to the vehicle structure.
- (3) The anchorage points provided for seat belts shall be used only as anchorages for the seat belts for which they are intended to be used or capable of being used.
- (4) Save as provided in paragraph (5) below—
- (a) all load-bearing members of the vehicle structure or panelling within 30 cms of each anchorage point shall be maintained in a sound condition and free from serious corrosion, distortion or fracture;
- (b) the adjusting device and (if fitted) the retracting mechanism of the seat belt shall be so maintained that the belt may be readily adjusted to the body of the wearer, either automatically or manually, according to the design of the device and (if fitted) the retracting mechanism;
- (c) the seat belt and its anchorages, fastenings and adjusting device shall be maintained free from any obvious defect which would be likely to affect adversely the performance by the seat belt of the function of restraining the body of the wearer in the event of an accident to the vehicle;
- (d) the buckle or other fastening of the seat belt shall—
- (i) be so maintained that the belt can be readily fastened or unfastened;
- (ii) be kept free from any temporary or permanent obstruction; and
- (iii) except in the case of a disabled person's seat belt, be readily accessible to a person sitting in the seat for which the seat belt is provided;
- (e) the webbing or other material which forms the seat belt shall be maintained free from cuts or other visible faults (as, for example, extensive fraying) which would be likely to affect adversely the performance of the belt when under stress;
- (f) the ends of every seat belt, other than a disabled person's seat belt, shall be securely fastened to the anchorage points provided for them; and
- (g) the ends of every disabled person's seat belt shall, when the seat belt is being used for the purpose for which it was designed and constructed, be securely fastened either to some part of the structure of the vehicle or to the seat which is being occupied by the person wearing the belt so that the body of the person wearing the belt would be restrained in the event of an accident to the vehicle.
- (5) No requirement specified in paragraph (4) above applies if the vehicle is being used—
- (a) on a journey after the start of which the requirement ceased to be complied with; or
- (b) after the requirement ceased to be complied with and steps have been taken for such compliance to be restored with all reasonable expedition.
- (6) Expressions which are used in this regulation and are defined in regulation 47 have the same meaning in this regulation as they have in regulation 47.
Rear under-run protection
49
- (1) Save as provided in paragraph (2), this regulation applies to a wheeled goods vehicle being either—
- (a) a motor vehicle with a maximum gross weight which exceeds 3500 kg and which was first used on or after 1st April 1984; or
- (b) a trailer manufactured on or after 1st May 1983 with an unladen weight which exceeds 1020 kg.
- (2) This regulation does not apply to—
- (a) a motor vehicle which has a maximum speed not exceeding 15 mph;
- (b) a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;
- (c) an agricultural trailer;
- (d) engineering plant;
- (e) a fire engine;
- (f) an agricultural motor vehicle;
- (g) a vehicle fitted at the rear with apparatus specially designed for spreading material on a road;
- (h) a vehicle so constructed that it can be unloaded by part of the vehicle being tipped rearwards;
- (i) a vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes;
- (j) a vehicle to which no bodywork has been fitted and which is being driven or towed—
- (i) for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles; or
- (ii) to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out; or
- (iii) by previous arrangement to premises of a dealer in, or distributor of, such vehicles;
- (k) a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with this regulation;
- (l) a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the rear;
- (m) a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;
- (n) a vehicle fitted with a tail lift so constructed that the lift platform forms part of the floor of the vehicle and this part has a length of at least 1 m measured parallel to the longitudinal axis of the vehicle;
- (o) a trailer having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain;
- (p) a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete;
- (q) a vehicle designed and used solely for the delivery of coal by means of a special conveyor which is carried on the vehicle and when in use is fitted to the rear of the vehicle so as to render its being equipped with a rear under-run protective device impracticable; or
- (r) an agricultural trailed appliance.
- (3) Subject to the provisions of paragraphs (4), (5) and (6), every vehicle to which this regulation applies shall be equipped with a rear under-run protective device.
- (4) A vehicle to which this regulation applies and which is fitted with a tail lift, bodywork or other part which renders its being equipped with a rear under-run protective device impracticable shall instead be equipped with one or more devices which do not protrude beyond the overall width of the vehicle (excluding any part of the device or the devices) and which comply with the following requirements—
- (a) where more than one device is fitted, not more than 50 cm shall lie between one device and the device next to it;
- (b) not more than 30 cm shall lie between the outermost end of a device nearest to the outermost part of the vehicle to which it is fitted and a longitudinal plane passing through the outer end of the rear axle of the vehicle on the same side of the vehicle or, in a case where the vehicle is fitted with more than one rear axle, through the outer end of the widest rear axle on the same side of the vehicle, and paragraph II.5.4.2 in the Annex to Community Directive 79/490 shall not have effect in a case where this requirement is met; and
- (c) the device or, where more than one device is fitted, all the devices together, shall have the characteristics specified in paragraphs II.5.4.1 to II.5.4.5.5.2 in the Annex to the said Directive save—
- (i) as provided in sub-paragraphs (a) and (b) above;
- (ii) that for the reference in paragraph II.5.4.5.1 in that Annex to 30 cm there is substituted a reference to 35 cm; and
- (iii) that the distance of 40 cm specified in paragraph II.5.4.5 in that Annex may be measured exclusive of the said tail-lift, bodywork or other part.
- (5) The provisions of paragraph (3) shall have effect so that in the case of—
- (a) a vehicle which is fitted with a demountable body, the characteristics specified in paragraph II.5.4.2 in the Annex to the said Directive have effect as if the reference to 10 cm were a reference to 30 cm and as if in paragraph II.5.4.5.1 the reference to 30 cm were a reference to 35 cm; and
- (b) a trailer with a single axle or two close-coupled axles, the height of 55 cm referred to in paragraph II.5.4.5.1 in that Annex is measured when the coupling of the trailer to the vehicle by which it is drawn is at the height recommended by the manufacturer of the trailer.
- (6) Instead of complying with paragraphs (3) to (5) a vehicle may comply with Community Directive 97/19.
- (7) In this regulation—
- “rear under-run protective device” means a device within the description given in paragraph II.5.4 in the Annex to Community Directive 79/490.
Maintenance of rear under-run protective device
50
Every device fitted to a vehicle in compliance with the requirements of regulation 49 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the performance of the device in the function of giving resistance in the event of an impact from the rear.
Sideguards
51
- (1) Save as provided in paragraph (2), this regulation applies to a wheeled goods vehicle being—
- (a) a motor vehicle first used on or after 1st April 1984 with a maximum gross weight which exceeds 3500 kg; or
- (b) a trailer manufactured on or after 1st May 1983 with an unladen weight which exceeds 1020 kg; or
- (c) a semi-trailer manufactured before 1st May 1983 which has a relevant plate showing a gross weight exceeding 26,000 kg and which forms part of an articulated vehicle with a relevant train weight exceeding 32,520 kg.
- (2) This regulation does not apply to—
- (a) a motor vehicle which has a maximum speed not exceeding 15 mph;
- (b) an agricultural trailer;
- (c) engineering plant;
- (d) a fire engine;
- (e) an agricultural motor vehicle;
- (f) a vehicle so constructed that it can be unloaded by part of the vehicle being tipped sideways or rearwards;
- (g) a vehicle owned by the Secretary of State for Defence and used for naval, military or air force purposes;
- (h) a vehicle to which no bodywork has been fitted and which is being driven or towed—
- (i) for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles;
- (ii) to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out; or
- (iii) by previous arrangement to premises of a dealer in, or distributor of, such vehicles;
- (i) a vehicle which is being driven or towed to a place where by previous arrangement a sideguard is to be fitted so that it complies with this regulation;
- (j) a refuse vehicle;
- (k) a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;
- (l) a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;
- (m) a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the front or the rear;
- (n) a trailer with a load platform—
- (i) no part of any edge of which is more than 60 mm inboard from the tangential plane; and
- (ii) the upper surface of which is not more than 750 mm from the ground throughout that part of its length under which a sideguard would have to be fitted in accordance with paragraph (5)(d) to (g) if this exemption did not apply to it;
- (o) a trailer having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain; or
- (p) an agricultural trailed appliance.
- (2A) This regulation also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is—
- (a) a semi-trailer some or all of the wheels of which are driven by the drawing vehicle; or
- (b) a vehicle first used on or after 1 April 2025 and which is of a type required to be fitted with lateral protection in accordance with Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
- (3) Every vehicle to which this regulation applies shall be securely fitted with a sideguard to give protection on any side of the vehicle where—
- (a) if it is a semi-trailer, the distance between the transverse planes passing through the centre of its foremost axle and through the centre of its king pin or, in the case of a vehicle having more than one king pin, the rearmost one, exceeds 4.5 m; or
- (b) if it is any other vehicle, the distance between the centres of any two consecutive axles exceeds 3 m.
- (4) Save as provided in paragraphs (6) and (7), a sideguard with which a vehicle is by this regulation required to be fitted shall comply with all the specifications listed in paragraph (5).
- (5) Those specifications are—
- (a) the outermost surface of every sideguard shall be smooth, essentially rigid and either flat or horizontally corrugated, save that—
- (i) any part of the surface may overlap another provided that the overlapping edges face rearwards or downwards;
- (ii) a gap not exceeding 25 mm measured longitudinally may exist between any two adjacent parts of the surface provided that the foremost edge of the rearward part does not protrude outboard of the rearmost edge of the forward part; and
- (iii) domed heads of bolts or rivets may protrude beyond the surface to a distance not exceeding 10 mm;
- (b) no part of the lowest edge of a sideguard shall be more than 550 mm above the ground when the vehicle to which it is fitted is on level ground and, in the case of a semi-trailer, when its load platform is horizontal;
- (c) in a case specified in an item in column 2 of the Table the highest edge of a sideguard shall be as specified in that item in column 3;
- (d) the distance between the rearmost edge of a sideguard and the transverse plane passing through the foremost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm;
- (e) the distance between the foremost edge of a sideguard fitted to a semi-trailer and a transverse plane passing through the centre of the vehicle's king pin or, if the vehicle has more than one king pin, the rearmost one, shall not exceed 3 m;
- (f) the foremost edge of a sideguard fitted to a semi-trailer with landing legs shall, as well as complying with sub-paragraph (e), not be more than 250 mm to the rear of a transverse plane passing through the centre of the leg nearest to that edge;
- (g) the distance between the foremost edge of a sideguard fitted to a vehicle other than a semi-trailer and a transverse plane passing through the rearmost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm if the vehicle is a motor vehicle and 500 mm if the vehicle is a trailer;
- (h) the external edges of a sideguard shall be rounded at a radius of at least 2.5 mm;
- (i) no sideguard shall be more than 30 mm inboard from the tangential plane;
- (j) no sideguard shall project beyond the longitudinal plane from which, in the absence of a sideguard, the vehicle's overall width would fall to be measured;
- (k) every sideguard shall cover an area extending to at least 100 mm upwards from its lowest edge 100 mm downwards from its highest edge, and 100 mm rearwards and inwards from its foremost edge, and no sideguard shall have a vertical gap measuring more than 300 mm nor any vertical surface measuring less than 100 mm; and
- (l) except in the case of a vehicle described in paragraph (1)(c) every sideguard shall be capable of withstanding a force of 2 kilonewtons (or 1 kilonewton in the case of a vehicle described in paragraph (2A)(b)) applied perpendicularly to any part of its surface by the centre of a ram the face of which is circular and not more than 220 mm in diameter, and during such application—
- (i) no part of the sideguard shall be deflected by more than 150 mm, and
- (ii) no part of the sideguard which is less than 250 mm from its rearmost part shall be deflected by more than 30 mm.
| 1 | 2 | 3 |
|---|---|---|
| Item | Case | Requirement about highest edge of sideguard |
| 1 | Where the floor of the vehicle to which the sideguard is fitted— (i) extends laterally outside the tangential plane; (ii) is not more than 1.85 m from the ground;(iii) extends laterally over the whole of the length of the sideguard with which the vehicle is required by this regulation to be fitted; and (iv) is wholly covered at its edge by a side-rave the lower edge of which is not more than 150 mm below the underside of the floor. | Not more than 350 mm below the lower edge of the side-rave. |
| 2 | Where the floor of the vehicle to which the sideguard is fitted— (i) extends laterally outside the tangential plane; and(ii) does not comply with all of the provisions specified in sub-paragraphs (ii), (iii) and (iv) in item 1 above,and any part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane. | Not more than 350 mm below the structure of the vehicle where it is cut by the tangential plane. |
| 3 | Where—(i) no part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane; and(ii) the upper surface of the load carrying structure of the vehicle is less than 1.5 m from the ground. | Not less than the height of the upper surface of the load carrying structure of the vehicle. |
| 4 | A vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete. | Not less than 1 m from the ground. |
| 5 | Any other case. | Not less than 1.5 m from the ground. |
- (6) The provisions of paragraph (4) apply—
- (a) in the case of an extendible trailer when it is, by virtue of the extending mechanism, extended to a length greater than its minimum, so as not to require, in respect of any additional distance solely attributable to the extension, compliance with the specifications mentioned in paragraph (5)(d) to (g);
- (b) in the case of a vehicle designed and constructed, and not merely adapted, to be fitted with a demountable body or to carry a container, when it is not fitted with a demountable body or carrying such a container as if it were fitted with such a body or carrying such a container; and
- (c) only so far as it is practicable in the case of—
- (i) a vehicle designed solely for the carriage of a fluid substance in a closed tank which is permanently fitted to the vehicle and provided with valves and hose or pipe connections for loading or unloading; and
- (ii) a vehicle which requires additional stability during loading or unloading or while being used for operations for which it is designed or adapted and is fitted on one or both sides with an extendible device to provide such stability.
- (7) In the case of a motor vehicle to which this regulation applies and which is of a type which was required to be approved by the Type Approval for Goods Vehicles Regulations before 1st October 1983—
- (a) if the bodywork of the vehicle covers the whole of the area specified as regards a sideguard in paragraph (5)(b), (c), (d) and (g) above the other provisions of that paragraph do not apply to that vehicle; and
- (b) if the bodywork of the vehicle covers only part of that area the part of that area which is not so covered shall be fitted with a sideguard which complies with the provisions of paragraph (5) above save that there shall not be a gap between—
- (i) the rearmost edge of the sideguard or the rearmost part of the bodywork (whichever is furthest to the rear) and the transverse plane mentioned in paragraph (5)(d) of more than 300 mm;
- (ii) the foremost edge of the sideguard or the foremost part of the bodywork (whichever is furthest to the front) and the transverse plane mentioned in paragraph (5)(g) of more than 300 mm; or
- (iii) any vertical or sloping edge of any part of the bodywork in question and the edge of the sideguard immediately forwards or rearwards thereof of more than 25 mm measured horizontally.
- (8) In this regulation
- “relevant plate” means a Ministry plate, where fitted, and in other cases a plate fitted in accordance with regulation 66;
- “relevant train weight” means the train weight shown in column 2 of the Ministry plate, where fitted, and in other cases the maximum train weight shown at item 8 of the plate fitted in accordance with regulation 66; and
- “tangential plane”, in relation to a sideguard, means the vertical plane tangential to the external face of the outermost part of the tyre (excluding any distortion caused by the weight of the vehicle) fitted to the outermost wheel at the rear and on the same side of the vehicle.
- (9) Instead of complying with the foregoing provisions of this regulation a vehicle may comply with Community Directive 89/297.
Maintenance of sideguards
52
Every sideguard fitted to a vehicle in compliance with the requirements of regulation 51 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely its effectiveness.
Mascots
53
- (1) Subject to paragraph (2), no mascot, emblem or other ornamental object shall be carried by a motor vehicle first used on or after 1st October 1937 in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot is not liable to cause injury to such person by reason of any projection thereon.
- (2) Instead of complying with the requirements of paragraph (1) a vehicle may comply with Community Directive 74/483 or 79/488 or ECE Regulation 26.01.
K — CONTROL OF EMISSIONS
Silencers
54
- (1) Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.
- (2) Every exhaust system and silencer shall be maintained in good and efficient working order and shall not after the date of manufacture be altered so as to increase the noise made by the escape of exhaust gases.
- (3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372 , 84/424 or 92/97 or ECE Regulation 51.02 or, in the case of a motor cycle other than a moped, 78/1015 , 87/56 or 89/235.
- (4) In this regulation “moped” has the meaning given to it in paragraph (5) of Schedule 9.
Noise limits—general
55
- (1) Save as provided in paragraphs (1A) and (2) and regulation 59, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—
- (a) a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;
- (b) a vehicle not falling within sub-paragraph (c) which is—
- (i) engineering plant;
- (ii) a locomotive other than an agricultural motor vehicle;
- (iii) a motor tractor other than an industrial tractor or an agricultural motor vehicle;
- (iv) a public works vehicle;
- (v) a works truck; or
- (vi) a refuse vehicle; or
- (c) a vehicle which—
- (i) has a compression ignition engine;
- (ii) is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and
- (iii) falls within category I.1.1., I.1.2, or I.1.3 specified in Article 1 of Community Directive 77/212.
- (1A) This regulation does not apply to a vehicle to which an item in the Table in regulation 55A applies.
- (2) This regulation does not apply to—
- (a) a motorcycle with a sidecar attached;
- (b) an agricultural motor vehicle , not being a category T tractor, which is first used before 1st June 1986 or which is not driven at more than 20 mph;
- (ba) a category T tractor which is first used before 1st June 1986 or which is not driven at more than 40 km/h;
- (c) an industrial tractor;
- (d) a road roller;
- (e) a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;
- (f) a vehicle which runs on rails; or
- (g) a vehicle manufactured by Leyland Vehicles Ltd. and known as the Atlantean Bus, if first used before 1st October 1984.
- (3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table; a vehicle complies with those requirements if—
- (a) its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and
- (b) in the case of a vehicle referred to in paragraph 1(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or 1(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.
| 1 | 2 | 2 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|---|
| Limits of sound level | Limits of sound level | Limits of sound level | ||||
| Item | (a) Vehicle referred to in paragraph (1)(a) | (b) Vehicle referred to in paragraph (1)(b) | (c) Vehicle referred to in paragraph (1)(c) | Conditions of measurement | Method of measurement | Requirements for exhaust device |
| 1 | Limits specified in paragraph I.1 of the Annex to Community Directive 77/212. | 89dB(A) | 82dB(A) | Conditions specified in paragraph I.3 of the Annex to Community Directive 77/212 | Method specified in paragraph I.4.1 of the Annex to Community Directive 77/212 | Requirements specified in heading II of the Annex to Community Directive 77/212 (except paragraphs II.2 and II.5). |
| 2 | Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 81/334. | 89dB(A) | 82dB(A) | Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 81/334. | Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 81/334. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex. | Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex 1 to Community Directive 81/334. |
| 3 | Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/372 | 89dB(A) | 82dB(A) | Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/372 | Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/372, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex. | Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/372. |
| 4 | Limits specified in paragraph 5.2.2.1 of the Annex I to Community Directive 84/424 | Vehicles with engine power—–less than 75kW – 84dB(A)–not less than 75kW –86dB(A) | Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424. | Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/424 | Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/424, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex | Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/424. |
- (4) Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.
- (5) Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph 1(b) unless it is first used on or after 1st April 1991.
- (6) The apparatus prescribed for the purposes of paragraph 3(a) and regulation 56(2)(a) and Schedule 7A is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type 0 or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969:1981 which came into effect on 29th May 1981.
- (6A) A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 55A as they apply to a vehicle first used on or after the date specified in column 3 of that item.
- (7) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 , 84/424, 92/97 or 96/20 or ECE Regulation 51.02.
Noise limits—agricultural motor vehicles and industrial tractors
56
- (1) Save as provided in regulation 59, this regulation applies to every wheeled vehicle first used on or after 1st April 1983 being an agricultural motor vehicle or an industrial tractor, other than—
- (a) an agricultural motor vehicle, not being a category T tractor, which is first used on or after 1st June 1986 and which is driven at more than 20 mph;
- (aa) a category T tractor which is first used on or after 1st June 1986 and which is driven at more than 40 km/h; or
- (b) a road roller.
- (2) Every vehicle to which this regulation applies shall be so constructed—
- (a) that its sound level does not exceed—
- (i) if it is a vehicle with engine power of less than 65kW, 89 dB(A);
- (ii) if it is a vehicle with engine power of 65kW or more, and first used before 1st October 1991, 92 dB(A); or
- (iii) if it is a vehicle with engine power of 65kW or more, and first used on or after 1st October 1991, 89 dB(A),
when measured under the conditions specified in paragraph I.3 of Annex VI of Community Directive 74/151 by the method specified in paragraph I.4.1 of that Annex using the apparatus prescribed in regulation 55(6); and
- (b) that the device designed to reduce the exhaust noise meets the requirements specified in paragraph II.1 of that Annex and, if fibrous absorbent material is used, the requirements specified in paragraphs II.4.1 to II.4.3 of that Annex.
Noise limits—motor cycles
57
- (1) Subject to regulation 59, this regulation applies to every motor vehicle first used on or after 1st April 1983 which is—
- (a) a moped; or
- (b) a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.
- (2) A vehicle to which this regulation applies shall be so constructed that it meets,—
- (a) if it is first used before 1st April 1991, the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;
- (b) if it is first used on or after that date, the requirements of item 2 of that Table.
- (3) Instead of complying with paragraph (2), a vehicle first used before 1st April 1991 may comply at the time of its first use with Community Directive 78/1015, 87/56 or 89/235.
- (4) Instead of complying with paragraph (2), a vehicle first used on or after 1st April 1991 may comply at the time of its first use with Community Directive 87/56 or 89/235.
- (5) In this regulation “moped” has the meaning given to it in paragraph 5 of Schedule 9.
Noise limits—vehicles not subject to regulations 55 to 57, first used on or after 1st April 1970
58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to regulations 55 to 58
59
Regulations 55, 55A, 56, 57, 57A and 57B do not apply to a motor vehicle which is—
- (a) proceeding to a place where, by previous arrangement—
- (i) noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it; or
- (ii) the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or
- (b) returning from such a place immediately after the noise has been so measured.
Radio interference suppression
60
- (1) Subject to paragraphs (1B), (1D), (1E) and (2)—
- (a) every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex 1 to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex 1 to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and
- (b) every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.
- (1A) Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and—
- (a) is first used on or after 1st April 1974 and before 1st January 1996; or
- (b) is first used on or after 1st January 1996 and is a “vehicle” within the meaning of the Framework Directive.
- (1B) For the purposes of paragraph (1)—
- (a) a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and
- (b) a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.
- (1C) Subject to paragraph (1F), the requirements of Community Directive 72/245/EC as amended by Community Directive 95/54/EC shall be met by electrical/electronic sub-assemblies as components or separate technical units first used on or after 1 October 2002.
- (1D) Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or ECE Regulations 10, 10.01 or 10.02.
- (1E) Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.
- (1F) The requirements of paragraph (1C) shall not apply to electrical/electronic sub-assemblies of the following descriptions—
- (a) replacement parts intended for use on vehicles manufactured in accordance with type approvals granted before 1 January 1996 in compliance with Community Directive 72/245/EEC or Community Directive 72/306/EEC including any subsequent extension that may have been granted to such type approvals;
- (b) electrical/electronic sub-assemblies fitted to any vehicle under an authorisation having effect under Part III of the Police Act 1997 or Part II of the Regulation of Investigatory Powers Act 2000 or under a warrant under Part 5 of the Investigatory Powers Act 2016.
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