LegalizeThe Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1992
Made: 20th August 1992
Laid before Parliament: 25th August 1992
Coming into force: 1st January 1993
The Secretary of State for Transport, in exercise of the powers conferred by section 41(1), (2), (3) and (5) of the Road Traffic Act 1988[^f00001], and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1992 and shall come into force on 1st January 1993.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986[^f00002] shall be further amended as follows.
Amendments to regulation (3) (interpretation)
3
- (1) Regulation 3 shall be amended as follows.
- (2) In the Table in regulation 3(2), the definition of “closely-spaced” shall be omitted.
- (3) In paragraph (8), for “1.02” there shall be substituted “0.5”.
- (4) After paragraph (8), there shall be inserted the following paragraph—
(8A) For the purposes of these Regulations, a reference to axles being closely-spaced is a reference to— (a) two axles (not being part of a group of axles falling within sub-paragraph (b) or (c)) which are spaced at a distance apart of not more than 2.5m; (b) three axles (not being part of a group of axles falling within sub-paragraph (c)) the outermost of which are spaced at a distance apart of not more than 3.25m; or (c) four or more axles the outermost of which are spaced at a distance apart of not more than 4.6m; the number of axles for the purposes of these paragraphs being determined in accordance with paragraph (8); and a reference to any particular number of closely-spaced axles shall be construed accordingly.
- (5) In paragraph (10), after the words “For the purpose of” there shall be inserted the words “paragraph (8A) above,” and the words “and of the definition in paragraph (2) of the expression “closely-spaced”” shall be omitted.
Amendments to regulation 75 (maximum permitted laden weight of a vehicle)
4
- (1) Regulation 75 shall be amended as follows.
- (2) In the Table in regulation 75—
- (a) in item 1—
- (i) in the entry in column 2, for “2,” there shall be substituted “1A, 2,” and there shall be added at the end the words “(see regulation 78(3) to (6) in relation to buses)” and
- (ii) for the entry in column 3, there shall be substituted “The weight determined in accordance with Part I of Schedule 11”;
- (b) after item 1, there shall be inserted the following item—
| 1A | A wheeled heavy motor car or motor car which is not described initem 2, 4, or 5, which complies with the relevant braking requirementand in which— every driving axle not being a steering axle is fitted with twin tyres; and either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 9,500kg. | The weight determined in accordance with Part IA of Schedule 11 |
|---|---|---|
- (c) for item 4, there shall be substituted the following item—
| 4 | An articulated bus (see regulation 78(3) to (5)) | 27,000 |
|---|---|---|
- (3) After paragraph (3), there shall be inserted the following paragraph—
(3A) Nothing in item 1 or 1A of the Table shall prevent a vehicle being used on a road if— (a) a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and (b) the laden weight of the vehicle does not exceed the weight shown in that certificate as being the weight not to be exceeded in Great Britain
- (4) In paragraph (4)—
- (a) for the words “In this regulation and regulation 76 —” there shall be substituted the words “In this Part of these Regulations and in Schedule 11 —”; and
- (b) before the definition of “balanced agricultural trailer” there shall be inserted the following definitions—
- “air spring” means a spring operated by means of air or other compressible fluid under pressure;
- “air suspension” means a suspension system in which at least 75 per cent of the spring effect is caused by an air spring.
- (5) After paragraph (4), there shall be inserted the following paragraphs—
(5) For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with a road friendly suspension if its suspension is— (a) an air suspension, or (b) a suspension, not being an air suspension, which is regarded as being equivalent to an air suspension for the purposes of Community Directive 92/7. (6) For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with twin tyres if it would be regarded as fitted with twin tyres for the purposes of Community Directive 92/7[^f00003].
Amendments to regulation 76 (maximum permitted laden weight of avehicle and trailer, other than an articulated vehicle)
5
- (1) Regulation 76 shall be amended as follows.
- (2) For paragraph (2), there shall be substituted the following paragraph—
(2) In this regulation, the expressions “road friendly suspension”, “twin tyres” and “unbalanced agricultural trailer” shall be construed in accordance with regulation 75(4), (5) and (6)
- (3) In the Table—
- (a) for item 1, there shall be substituted the items set out in Schedule 1 to these Regulations; and
- (b) in item 3 in column 2, after “1” there shall be inserted “, 1A, 1B, 1C”.
Amendments to regulation 77 (maximum permitted laden weight of an articulated vehicle)
6
In regulation 77, after paragraph (2) there shall be inserted the following paragraph—
(3) In Part IV of Schedule 11, “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(5) and (6)
Amendments to regulation 78 (maximum permitted wheel and axle weights)
7
Regulation 78 shall be amended as follows—
- (a) in item 3, in sub-paragraph (a) of column 2 of the Table,
- (i) for the word “if” there shall be substituted the word “where”,
- (ii) the word “two” shall be omitted, and
- (iii) the words after “closely-spaced axles” to the end of the sub-paragraph shall be omitted;
- (b) in paragraph (3), the words “item 4 in the Table in” shall be omitted.
- (c) after paragraph (5), there shall be inserted the following paragraph—
(6) Regulation 75 shall not apply to a two axle bus if— (a) its laden weight as calculated in accordance with paragraph (5) does not exceed 17,000kg; and (b) the distance between the two axles is at least 3.0m.
Amendments to regulation 79 (maximum permitted weights for certain closely-spaced axles etc.)
8
- (1) Regulation 79 shall be amended as follows.
- (2) For paragraphs (2), (3) and (4), there shall be substituted the following paragraphs—
(2) Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part V of Schedule 11 and has two closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the maximum permitted weight specified in column 3 of that item. (3) Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part VI of Schedule 11 and has three closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the weight specified in column 3. (4) Save as provided by paragraph (5), where a vehicle is fitted with four or more closely-spaced axles, the weight transmitted to the road surface by all the wheels of those axles shall not exceed 24,000kg.
- (3) In paragraph (5), for the words “and nothing in paragraph (3)” onwards, there shall be substituted the words—
and nothing in those paragraphs shall prevent a vehicle being used on a road if— (a) a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and (b) no axle has an axle weight exceeding the weight shown in that certificate as being the weight not to be exceeded in Great Britain for that axle.
- (4) For paragraphs (6), (7) and (8) there shall be substituted the following paragraph—
(6) In Parts V and VI of Schedule 11, “air-suspension” “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(4), (5) and (6).
Amendments to Schedule 2
9
- (1) In Table I of Schedule 2—
- (a) after item 48, there shall be inserted the following item—
| 48A | 85/3 | 19.12.84 | L2, 3.1.85, p.14 | The weights dimensions and other technical characteristics of certain road vehicles |
|---|---|---|---|---|
- (b) after item 50, there shall be inserted the following item—
| 50A | 86/360 | 24.7.86 | L217, 5.8.86, p.19 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 |
|---|---|---|---|---|---|
- (c) after item 55, there shall be inserted the following item—
| 55A | 88/218 | 11.4.88 | L98, 15.4.88, p.48 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 as amended by 86/360 |
|---|---|---|---|---|---|
- (d) after item 56, there shall be inserted the following item—
| 56A | 89/338 | 27.4.89 | L142, 25.5.89, p.3 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 as amended by 86/360 and 88/218 |
|---|---|---|---|---|---|
- (e) after item 57, there shall be inserted the following items—
| 57A | 89/460 | 18.7.89 | L226, 3.8.89, p.5 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 as amended by 86/360, 88/218 and 89/338 |
|---|---|---|---|---|---|
| 57B | 89/461 | 18.7.89 | L226, 3.8.89, p.7 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 as amended by 86/360, 88/218, 89/338 and 89/460 |
- (f) after item 60, there shall be inserted the following item—
| 60A | 91/60 | 4.2.91 | L37, 9.2.91, p.37 | The weights dimensions and other technical characteristics of certain vehicles | 85/3 as amended by 86/360, 88/218, 89/338, 89/460 and 89/641 |
|---|---|---|---|---|---|
- (g) after item 61, there shall be inserted the following item—
| 62 | 92/7 | 10.2.91 | L57, 2.3.92, p.29 | The weights dimensions and other technical characteristics of certain road vehicles | 85/3 as amended by 86/360, 88/218, 89/338, 89/460 and 89/641 |
|---|---|---|---|---|---|
- (2) In Table II of Schedule 2, items 9A and 9B shall be re-numbered as items 23 and 24 and instead of appearing immediately after item 9 shall be inserted after item 22.
Amendments to Schedule 11
10
In Schedule 11—
- (a) for Part I, there shall be substituted the provisions set out in Part I of Schedule 2 to these Regulations;
- (b) after Part I, there shall be inserted the Part set out in Part II to Schedule 2 to these Regulations;
- (c) for Part IV, there shall be substituted the provisions set out in Part III of Schedule 2 to these Regulations;
- (d) for Part V, there shall be substituted the provisions set out in Part IV of Schedule 2 to these Regulations;
- (e) for Part VI, there shall be substituted the provisions set out in Part V of Schedule 2 to these Regulations; and
- (f) Part VII shall be omitted.
SCHEDULE 1 — ITEMS TO BE INSERTED INTO THE TABLE IN REGULATION 76
1
A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), the drawing vehicle being a vehicle which—
- (a) was first used on or after 1st April 1973;
- (b) complies with the relevant braking requirement; and
- (c) is part of a combination which is being used for international transport
1A
A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), in respect of which the following conditions are satisfied in relation to the drawing vehicle, namely—
- (a) it was first used on or after 1st April 1973;
- (b) it complies with the relevant braking requirement;
- (c) every driving axle not being a steering axle is fitted with twin tyres; and
- (d) every driving axle is fitted with road friendly suspension
1B
A wheeled trailer, not being part of a combination of vehicles described in items 1 or 1A, which is drawn by a wheeled motor tractor, heavy motor car or motor car, (not being in any case an agricultural motor vehicle), the drawing vehicle of which—
- (a) is fitted with power-assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of its engine; and
- (b) is equipped with a warning device so placed as to be readily visible to the driver when in the driving seat in order to indicate an impending deficiency or failure in the vacuum or pressure system
1C
A wheeled trailer which is of a description specified in item 8 in the Table of regulation 75 drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), the drawing vehicle being a vehicle which—
- (a) was first used on or after 1st April 1973; and
- (b) complies with the relevant braking requirement
SCHEDULE 2 — AMENDMENTS TO SCHEDULE 11
PART I
PART II
PART III
PART IV
PART V
Signed
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle — Parliamentary Under Secretary of State, — Department of Transport — 20th August 1992
Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.
The main effect of these Regulations is to make a number of changes to the maximum laden weights and axle weights of motor vehicles and trailers as a consequence of Council Directive 92/7/EEC.
Previously, where two axles were less than 1.02 metres apart they were treated for the purposes of the 1986 Regulations (other than regulation 27) as being a single axle. The distance has been reduced to 0.5 metres.
The Regulations also make a number of minor and drafting amendments.
Copies of the EEC Directive referred to in these Regulations and in this note can be obtained from Her Majesty’s Stationery Office. The details of the EEC Directives are set out in the Table below.
| Principal Instruments | Amending Instruments |
|---|---|
| Council Directive 85/3/EEC of the 19th of December 1984 (O.J. No. L2,3.1.85, p.14) | Council Directive 86/360/EEC of the 24th of July 1986 (O.J. No. L217,5.8.86, p.19). Council Directive 88/218/EEC of the 11th of April 1988 (O.J. No. L98,15.4.88, p.48). Council Directive 89/338/EEC of the 27th of April 1989 (O.J. No. L142,25.5.89, p.3). Council Directive 89/460/EEC of the 18th of July 1989 (O.J. No. L226,3.8.89, p.5). Council Directive 89/461/EEC of the 18th of July 1989 (O.J. No. L226,3.8.89, p.7). Council Directive 91/60/EEC of the 4th of February 1991 (O.J. No. L37,9.2.91, p.37). Council Directive 92/7/EEC of the 10th of February 1992 (O.J. No. L57,2.3.92, p.29). |
Footnotes
[^f00001]: 1988 c. 52; section 41 is amended by paragraph 50 of Schedule 4 to the Road Traffic Act 1991 (c. 40).
[^f00002]: S.I. 1986/1078, relevant amending instruments are S.I. 1987/676, 1988/1287 and 1992/352.
[^f00003]: “Community Directive” is defined in regulation 3(2) of and Schedule 2 to the Road Vehicles (Construction and Use) Regulations 1986. A relevant amendment to Schedule 2 is made by regulation 8 of these Regulations.
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