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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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(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

(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;

(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.

(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

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;

(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;

(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

(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

(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;

(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.

(2) This regulation does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973.

(3) In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.

Emission of smoke, vapour, gases, oily substances etc

61

(1) Subject to paragraph (3B), every vehicle shall be constructed and maintained so as not to emit any avoidable smoke or avoidable visible vapour.

(2) Every motor vehicle using solid fuel shall be fitted with—

(a) a tray or shield to prevent ashes and cinders from falling onto the road; and

(b) an efficient appliance to prevent any emission of sparks or grit.

(2A) Paragraphs (3), (3A), (3C), (4A), (5)(b), (5)(c), (6), (7), (8), (9), (10) and (11) shall not apply to motor vehicles first used on or after 1st January 2001.

(3) Subject to paragraph (4) and to the exemptions specified in an item in column 4 of Table I, every wheeled vehicle of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.

(3A) A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.

(3B) Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.

(3C) Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.

(4) For the purposes of paragraphs (3B) and (3C), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying—

(a) if it is propelled by a compression ignition engine—

(i) in the case of an agricultural vehicle first used before 1st January 2001, with Community Directive 77/537, or

(ii) in the case of any other vehicle, either—

(aa) Community Directive 72/306, as last amended by Community Directive 2005/21, or

(bb) ECE Regulation 24.01, 24.02 or 24.03; or

(b) if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.

(4A) In relation to a vehicle which—

(a) has an engine the cylinder capacity of which is less than 700 cc and has a rated power speed of more than 3,000 revolutions per minute;

(b) is first used before 1st October 1998,

Community Directive 91/542 shall have effect for the purposes of this regulation as if for the figure “0.15” in the Table in paragraph 6.2.1 and 8.3.1.1 there were substituted “0.25”.

For the purposes of this paragraph, “rated power speed” has the same meaning as in Community Directive 96/1.

(5) No person shall use, or cause or permit to be used, on a road any motor vehicle—

(a) from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any person who is, or who may reasonably be expected to be, on the road;

(b) which is subject to the requirement in item 2 of Table I (whether or not it is deemed to comply with that requirement by virtue of paragraph (4)), if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or

(c) which is subject to the requirement in item 1 of the Table if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(6) No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of Table I applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

(7) Subject to paragraphs ... (8), (9) and (10), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisfied in respect to it–

(a) the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,

(b) neither would those requirements be met in relation to the emission of those substances nor would such 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 to be carried out on the vehicle, and

(c) the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Paragraph (7) shall not apply to a vehicle first used before 26th June 1990.

(9) Where–

(a) a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (7),

(b) the vehicle does not comply with the requirements specified in that paragraph in respect to it, and

nothing in paragraph (7) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.

(10) Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description and is first used before 1st July 1998, the date on which it is first used shall, for the purposes of paragraphs (3A), (7), (8) and (9), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.

However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions 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 those provisions been omitted.

(10A) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—

(a) when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—

(i) in the case of a vehicle first used before 1st August 1986, 4.5%; or

(ii) in the case of a vehicle first used on or after 1st August 1986, 3.5%;

of the total exhaust emissions from the engine by volume; and

(b) when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.

(10AA) Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 7B applies to the vehicle.

(10AB) Subject to paragraph (10B), paragraph (10AA) applies to—

(a) a passenger car which—

(i) is first used on or after 1st August 1992 and before 1st August 1995, and

(ii) is of a description mentioned in the Annex to the emissions publication;

(b) a vehicle which—

(i) is not a passenger car,

(ii) is first used on or after 1st August 1994 ..., and

(iii) is of a description mentioned in the Annex to the emissions publication; ...

(ca) a vehicle which—

(i) is not a passenger car,

(ii) is first used on or after 1st July 2002, and

(iii) has a maximum gross weight not exceeding 3,500kg;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 7B.

(10AC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10AD) Paragraph (10A) does not apply to —

(a) a vehicle to which paragraph (10AA) applies; or

(b) a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.

(10AE) Paragraph (10AA) does not apply to a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.

(10B) Paragraphs (10A) and (10AA) do not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a vehicle being driven to a place where it is to undergo repairs;

(c) a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description and is first used before 1st July 1998;

(d) an exempt vehicle within the meaning given by paragraph (12)(a) ...;

(e) a goods vehicle with a maximum gross weight exceeding 3,500 kg;

(f) engineering plant, an industrial tractor, or a works truck; ...

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(h) a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine”, in relation to a vehicle, means the engine by which it is propelled.

(10BA) Without prejudice to paragraphs (1) and (7), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 7B applies to the vehicle.

(10BB) Paragraph (10BA) shall not apply to—

(a) a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b) a vehicle being driven to a place where it is to undergo repairs;

(d) engineering plant, an industrial tractor or a works truck; and

(e) a vehicle in Class III, IV, V , VI or VII within the meaning of the Motor Vehicles (Tests) Regulations 1981 and first used before 1st August 1979.

(10BC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10C) For the purposes of this regulation—

(a) any rotary piston engine shall be deemed to be a four-stroke engine; and

(b) “rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.

(11) Subject to Schedule 7XA, in this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which–

(a) is of a class specified in that item in column (2) of that Table,

(b) is first used on or after the date specified in that item in column (3) of that Table, and

and for the purposes of determining whether a vehicle is a vehicle to which any item numbered 8 or more in that Table applies, regulation 4(2) shall be disregarded

(11A) In this regulation, “passenger car” means a motor vehicle which—

(a) is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b) has no more than five seats in addition to the driver’s seat; and

(12) In Table II and paragraphs (10B) and (10BB)–

(a) “exempt vehicle” means–

(i) a vehicle with less than 4 wheels,

(ii) a vehicle with a maximum gross weight of less than 400 kg,

(iii) a vehicle with a maximum speed of less than 25 km/h, or

(iv) an agricultural motor vehicle;

(b) “direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combusion chamber.

(c) “indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber.

(d) a reference in column (5) to a vehicle complying with an item is a reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).

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