The Road Vehicles (Construction and Use) (Amendment) Regulations 2022

Made: 21st January 2022

Laid before Parliament: 24th January 2022

Coming into force: 14th February 2022

Representative organisations have been consulted in accordance with section 195(2) of the 1988 Act.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2022.

• (2) These Regulations come into force on 14th February 2022.

• (3) These Regulations extend to England and Wales and Scotland.

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

2

The Road Vehicles (Construction and Use) Regulations 1986[^f00002] are amended as follows.

3

In regulation 3 (interpretation), in paragraph (2), in the table—

• (a) after the definition of “The Type Approval (Great Britain) Regulations”, insert—

• (b) after the definition of “The Act of Accession”, insert—

• (c) after the definition of “ECE Regulation, followed by a number”, insert—

• (d) in the definition of “overall length”, in paragraph (i)—

• (i) after sub-paragraph (n), omit “or”, and

• (ii) at the end of sub-paragraph (o) insert—

; or (p) any aerodynamic devices and equipment

; and

• (e) in the definition of “overall width”—

• (i) after sub-paragraph (m), omit “or”, and

• (ii) at the end of sub-paragraph (n) insert—

; or (o) any aerodynamic devices and equipment

4

In regulation 7 (length)—

• (a) in paragraph (3)—

• (i) after sub-paragraph (b), omit “or”, and

• (ii) at the end of sub-paragraph (c) insert—

, or (d) a vehicle combination which includes— (i) a motor vehicle of category N2, or (ii) a motor vehicle of category N3, with an elongated cab

• (b) after paragraph (3C), insert—

(3D) Item 4 of the Table does not apply to— (a) a motor vehicle of category N2, or (b) a motor vehicle of category N3, with an elongated cab type approved in accordance with point 1.4 of Part C of Annex I of The Type Approval Masses and Dimensions Regulations, point 1.4 of Part C of Annex I of The Type Approval Masses and Dimensions Regulations (Northern Ireland), or point 1.4 of Part C of Annex I of The (European Union) Type Approval Masses and Dimensions Regulations.

; and

• (c) after paragraph (9), insert—

(10) For the purposes of this regulation— (a) “a motor vehicle of category N2” means a vehicle of the type described in point (b)(ii) of Article 4(1) of 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, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC[^f00006], (b) “a motor vehicle of category N3” means a vehicle of the type described in point (b)(iii) of Article 4(1) of 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, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC.

5

After regulation 96 (use of gas-fired appliances when a vehicle is in motion) insert —

(96A) —No person shall use, or cause or permit to be used, on any vehicle or vehicle combination on a road, any aerodynamic devices and equipment, unless— (a) they are used on the rear of the vehicle or vehicle combination, and (b) the vehicle or vehicle combination is of a class specified in items 1, 3, 3A, 3C, 4, 4A, 4B, or 8 of the Table in regulation 7. (96B) —No person shall use, or cause or permit to be used, on a road any vehicle or vehicle combination with an elongated cab unless the vehicle or vehicle combination is of a class specified in items 1, 3A, 3B, 3C or 4 of the Table in regulation 7.

Signed

Signed by authority of the Secretary of State for Transport

Vere — Parliamentary Under Secretary of State — Department for Transport — 21st January 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078, the “1986 Regulations”) by making provision to allow certain vehicles on the roads in Great Britain to utilise elongated cabs and rear aerodynamic devices and equipment (type approved in accordance with the relevant standard) which improve aerodynamic performance, CO₂ emissions, fuel consumption and driver vision.

Regulation 3 amends regulation 3 of the 1986 Regulations to define valid “aerodynamic devices and equipment” and “elongated cab” by reference to the standards given in underlying legislation. Additionally, valid aerodynamic devices and equipment are exempted from the calculation of “overall length”, and “overall width”.

Regulation 4 amends regulation 7 of the 1986 Regulations to provide that valid elongated cabs utilised on particular classes of vehicle or vehicle combination are exempted from the length requirements contained in regulation 7 that would otherwise apply; the overall length of a vehicle or vehicle combination will still be constrained by the turning circle requirements contained elsewhere in the 1986 Regulations.

Regulation 5 introduces a new regulation 96A and regulation 96B to the 1986 Regulations which prohibit the use on a road of aerodynamic devices and equipment or elongated cabs other than on the approved classes of vehicle or vehicle combination listed in the relevant item of the Table in regulation 7.

Good practice guidance on the use of aerodynamic devices and equipment has been published on www.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A De Minimis Assessment has been prepared. An Explanatory Memorandum has been published alongside these Regulations atwww.legislation.gov.uk.

Footnotes

[^f00001]: 1988 c. 52; section 41 was amended by the Scotland Act 2016 (c. 11), Part 4, section 43, the Road Traffic Act 2006 (c. 49), sections 18(1) and 56, and the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

[^f00002]: S.I. 1986/1078, relevant amending instruments: S.I. 1990/17, S.I. 1998/1188, S.I. 2003/182, S.I. 2017/881; there are other amending instruments but none is relevant.

[^f00003]: EUR 2012/1230, as amended by S.I. 2020/1393.

[^f00004]: OJ L 353, 21.12.2012, p. 31.

[^f00005]: OJ L 291, 12.11.2019, p. 17.

[^f00006]: EUR 2018/858, as amended by EUR 2019/2144, S.I. 2020/818 and S.I. 2020/1393.