The Road Vehicles (Construction and Use) Regulations 1986

• Citation: S.I. 1986/1078
• Sections: 297

Section 1 Commencement and citation

These Regulations shall come into operation on 11th August 1986, and may be cited as the Road Vehicles (Construction and Use) Regulations 1986.

Section 2 Revocation

The Regulations specified in Schedule 1 are hereby revoked.

Section 3 Interpretation

(1) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations,

(b) any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or Schedule or (in the case of a sub-paragraph) paragraph in which the reference occurs, and

(c) any reference to a Table, or to a numbered Table, is a reference to the Table, or to the Table bearing that number, in the regulation or Schedule in which that reference occurs.

(2) In these Regulations, unless the context otherwise requires, the expressions specified in column 1 of the Table have the meaning, or are to be interpreted in accordance with the provisions, specified for them in column 2 of the Table.

(regulation 3(2))

devices or equipment that are designed to reduce the aerodynamic drag of road vehicles, with the exception of elongated cabs, type-approved in accordance with—

(a) Article 4a of The Type Approval Masses and Dimensions Regulations;

(b) Article 4a of The Type Approval Masses and Dimensions Regulations (Northern Ireland); or

(c) Article 4a of The (European Union) Type Approval Masses and Dimensions Regulations.

a trailer—

which is an implement constructed or adapted—

for use off roads for the purpose of agriculture, horticulture or forestry and which is only used for one or more of those purposes, and

so that, save in the case of an appliance manufactured before 1st December 1985, or a towed roller, its maximum gross weight is not more than twice its unladen weight; but

which is not—

a vehicle which is used primarily as living accommodation by one or more persons, and which carries no goods or burden except those needed by such one or more persons for the purpose of their residence in the vehicle; or

an agricultural, horticultural or forestry implement rigidly but not permanently mounted on any vehicle whether or not any of the weight of the implement is supported by one or more of its own wheels; so however that such an implement is an agricultural trailed appliance if

—part of the weight of the implement is supported by one or more of its own wheels, and

—the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle on which it is mounted.

an agricultural trailer which—

(a) has an unladen weight which does not exceed 510 kg;

(b) is clearly and indelibly marked with its unladen weight;

(c) has a pneumatic tyre fitted to each one of its wheels;

(d) is designed and constructed for the purpose of conveying one agricultural trailed appliance or one agricultural, horticultural or forestry implement.

a bus so constructed that—

(a) it can be divided into two parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop; and

(b) passengers carried by it can at all times pass from either part to the other.

the Directive adopted by the Council or the Commission of the European Communities or the European Parliament and the Council of the European Union of which identifying particulars are given in the item in column 3 of Table I in Schedule 2 in which that number appears in column 2; where such a Directive amends a previous Directive mentioned in column 3(d) of the Table the reference to the amending Directive includes a reference to that previous Directive as so amended.

Any reference to a Directive which has been amended by the Act of Accession is a reference to the Directive as so amended.

a trailer which is—

equipped with 2 or more wheels,

designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and

not itself a part either of the semi-trailer or the drawing vehicle when being so used; or

a trailer which is—

equipped with 2 or more wheels;

designed to be used in combination with a semi-trailer with part of the weight of the semi-trailer being borne by the drawing vehicle;

not itself a part either of the semi-trailer or the drawing vehicle when being so used; and

used solely for the purposes of agriculture, horticulture or forestry, or for any two or for all of those purposes.

a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg, and which either—

is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or

satisfies the following conditions as to construction, namely—

the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;

the area of the vehicle to the rear of the driver's seat must—

be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and

be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and

the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in head (i) of sub-paragraph (b) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle.

the cab of a vehicle or a combination of vehicles that complies with—

(a) Appendix 5 of Annex I of The Type Approval Masses and Dimensions Regulations;

(b) Appendix 5 of Annex I of The Type Approval Masses and Dimensions Regulations (Northern Ireland); or

(c) Appendix 5 of Annex I of The (European Union) Type Approval Masses and Dimensions Regulations.

(a) movable plant or equipment being a motor vehicle or trailer specially designed and constructed for the special purposes of engineering operations, and which cannot, owing to the requirements of those purposes, comply with all the requirements of these Regulations and which is not constructed primarily to carry a load other than a load being either excavated materials raised from the ground by apparatus on the motor vehicle or trailer or materials which the vehicle or trailer is specially designed to treat while carried thereon; or

(b) a mobile crane which does not comply in all respects with the requirements of these Regulations.

a device carried on a motor vehicle or trailer when in use on a road, which consumes gas and which is none of the following—

(a) a device owned or operated by or with the authority of a gas transporter for the purposes of detecting gas;

(b) an engine for the propulsion of a motor vehicle;

(c) a lamp which consumes acetylene gas;

(d) a fuel cell.

a holder of a licence under section 7(1) of the Gas Act 1986 except where the holder is acting otherwise than for purposes connected with—

(a) the carrying on of activities authorised by the licence;

(b) the conveyance of gas through pipes which—

(i) are situated in an authorised area of the licence holder; or

(ii) are situated in an area which was an authorised area of the licence holder, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; or

(c) the conveyance through pipes of gas which is in the course of being conveyed to or from a country of territory outside Great Britain.

(a) in relation to a motor vehicle, the sum of the weights transmitted to the road surface by all the wheels of the vehicle.

(b) in relation to a trailer, the sum of the weights transmitted to the road surface by all the wheels of the trailer and of any weight of the trailer imposed on the drawing vehicle.

a tractor, not being an agricultural motor vehicle, which—

(a) has an unladen weight not exceeding 7370 kg,

(b) is designed and used primarily for work off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement or implements designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load), and

(c) has a maximum speed not exceeding 20 mph.

the weight of a vehicle when it carries—

in the case of a motor vehicle,

no person; and

a full supply of fuel in its tank, an adequate supply of other liquids incidental to its propulsion and no load other than the loose tools and equipment with which it is normally equipped;

in the case of a trailer, no person and is otherwise unladen.

(a) butane gas in any phase which meets the requirements contained in the specification of commercial butane and propane issued by the British Standards Institution under the number BS 4250: 2014 and published on 30th November 2014; or

(b) propane gas in any phase which meets the requirements contained in the said specification; or

(c) any mixture of such butane gas and such propane gas.

(a) is at least 225 mm wide and at least 175 mm high; and

(b) bears two black letters “L” on a white ground each at least 125 mm high and 90 mm wide with a stroke width of 12 mm.

(a) any adjustable suspension is at the normal travelling height,

(b) all pneumatic tyres are suitably infl ated for use when the vehicle is fully laden, and

(c) the semi-trailer is unladen,

(a) in the case of a vehicle which is equipped with a Ministry plate in accordance with regulation 70, the axle weight shown in column (2) of that plate (where the plate is in the form required by Schedule 10 or 10B ) or in column (2) of that plate (where the plate is in the form required by Schedule 10A or 10C ) in relation to that axle;

(b) in the case of a vehicle which is not equipped with a Ministry plate but which is equipped with a plate in accordance with regulation 66, the maximum axle weight shown for that axle on the plate in respect of item 9 of Part I of Schedule 8 in the case of a motor vehicle and item 7 of Part II of Schedule 8 in the case of a trailer; and

(c) in any other case, the weight which the axle is designed or adapted not to exceed when the vehicle is travelling on a road.

(a) in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the design gross weight shown in column (3) of that plate or, if no such weight is shown, the gross weight shown in column (2) of that plate (where the plate is in the form required by Schedule 10 or 10B ) or in column (4) of that plate (where the plate is in the form required by Schedule 10A or 10C ). ;

(b) in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the maximum gross weight shown on the plate in respect of item 7 of Part 1 of Schedule 8 in the case of a motor vehicle and item 6 of Part II of Schedule 8 in the case of a trailer;

(c) in any other case, the weight which the vehicle is designed or adapted not to exceed when the vehicle is travelling on a road.

(a) in the case of a trailer equipped with a Ministry plate in accordance with regulation 70, the sum of the relevant axle weights;

(b) in the case of a trailer which is not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the sum of the maximum axle weights shown on the plate in respect of item 4 of Part II of Schedule 8; or

(c) in the case of any other trailer, the sum of the axle weights which the trailer is designed or adapted not to exceed when the vehicle is travelling on a road;

a mechanically propelled vehicle, not being a motor tractor, a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a) if it is constructed solely for the carriage of passengers and their effects and is adapted to carry not more than seven passengers exclusive of the driver does not exceed 3050 kg;

(b) if it is constructed for use for the conveyance of goods or burden of any description, does not exceed 3050 kg;

(c) does not exceed 2540 kg in a case falling within neither of the foregoing paragraphs.

an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

the Scottish Ambulance Service Board.

the vertical distance between the ground and the point on the vehicle which is furthest from the ground, calculated when—

(a) the tyres of the vehicle are suitably inflated for the use to which it is being put;

(b) the vehicle is at its unladen weight; and

(c) the surface of the ground under the vehicle is reasonably flat;

but, in the case of a trolley bus, exclusive of the power collection equipment mounted on the roof of the vehicle.

in relation to a vehicle, the distance between transverse planes passing through the extreme forward and rearward projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except—

for all purposes—

any driving mirror;

any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle;

any snow-plough fixed in front of a vehicle;

any receptacle specially designed to hold and keep secure a seal issued for the purposes of customs clearance;

any tailboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading;

any tailboard which is let down in order to facilitate the carriage of, but which is not essential for the support of, loads which are in themselves so long as to extend at least as far as the tailboard when upright;

any fitting attached to a part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be

—transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle,

—secured to a railway vehicle by a locking device, and

—carried on a railway vehicle by the use of stanchions:

any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between that trailer and a motor vehicle constructed for that purpose and to which the trailer is attached so that, while the trailer is attached to the motor vehicle, vehicles which are to be carried by the motor vehicle may be moved from the trailer to the motor vehicle before a journey begins, and vehicles which have been carried on the motor vehicle may be moved from it to the trailer after a journey ends;

any sheeting or other readily flexible means of covering or securing a load;

...

any empty receptacle which itself forms a load;

any receptacle which contains an indivisible load of exceptional length;

any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle); ...

any special appliance or apparatus as described in regulation 81(c) which does not itself increase the carrying capacity of the vehicle; ...

any rearward projecting buffer made of rubber or other resilient material ; ...

any aerodynamic devices and equipment ; or

any camera-monitor system.

for the purposes of regulations 7, 13A, 13B and 13C —

any part of a trailer (not being in the case of an agricultural trailed appliance a drawbar or other thing with which it is equipped for the purpose of being towed) designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part;

the thickness of any front or rear wall on a semi-trailer and of any part forward of such front wall or rearward of such rear wall which does not increase the vehicle's load-carrying space.

the distance between longitudinal planes passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except—

any driving mirror;

any snow-plough fixed in front of the vehicle;

so much of the distortion of any tyre as is caused by the weight of the vehicle;

any receptacle specially designed to hold and keep secure a seal issued for the purposes of customs clearance;

any lamp or reflector fitted to the vehicle in accordance with the Lighting Regulations;

any sideboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading;

any fitting attached to part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be

—transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle;

—secured to a railway vehicle by a locking device; and

—carried on a railway vehicle by the use of stanchions;

any sheeting or other readily flexible means of covering or securing a load;

any receptacle with an external width, measured at right angles to the longitudinal axis of the vehicle, which does not exceed 2.5 m;

any empty receptacle which itself forms a load;

any receptacle which contains an indivisible load of exceptional width;

any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle); ...

any special appliance or apparatus as described in regulation 81(c) which does not itself increase the carrying capacity of the vehicle ; ...

any apparatus fitted to a bus which enables it to be guided wholly or mainly by means of wheels bearing outwards against fixed apparatus, provided that no part of the apparatus projects more than 75mm beyond the side of the bus when the wheels of the bus are parallel to its longitudinal axis ; ...

any aerodynamic devices and equipment ; or

any camera-monitor system.

and the reference in paragraph (n) above to the side of a bus is a reference to the longitudinal plane passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except those items referred to in paragraphs (a) to (n).

the distance measured horizontally and parallel to the longitudinal axis of a vehicle between two transverse planes passing through the following two points—

the rearmost point of the vehicle exclusive of—

any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle;

in the case of a motor car constructed solely for the carriage of passengers and their effects and adapted to carry not more than eight passengers exclusive of the driver, any luggage carrier fitted to the vehicle; and

in the case of a motor vehicle having not more than three axles of which only one is not a steering axle, the centre point of that axle;

in the case of a motor vehicle having three axles of which the front axle is the only steering axle and of a motor vehicle having four axles of which the two foremost are the only steering axles, a point 110 mm behind the centre of a straight line joining the centre points of the two rearmost axles; and

in any other case a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angles to that axis will pass through the centre of the minimum turning circle of the vehicle.

a tyre which—

(a) is provided with, or together with the wheel upon which it is mounted forms, a continuous closed chamber inflated to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subjected to any load;

(b) is capable of being inflated and deflated without removal from the wheel or vehicle; and

(c) is such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse.

a mechanically propelled vehicle which is used on a road by or on behalf of–

the Central Scotland Water Development Board;

a ferry undertaking;

a highway or roads authority;

a local authority;

a market undertaking;

the National Rivers Authority;

an operator of an electronic communications code network ;

a police authority or local policing body ;

a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part ) ;

a public electricity supplier within the meaning of Part I of the Electricity Act 1989 ;

a public gas transporter within the meaning of Part I of the Gas Act 1986 ;

a statutory undertaker within the meaning of section 329(1) of the Highways Act 1980 ;

an undertaking for the supply of district heating;

a water authority within the meaning of the Water (Scotland) Act 1980 ; or

a water or sewerage undertaker within the meaning of the Water Act 1989 ;

for the purpose of works which such a body has a duty or power to carry out, and which is used only for the carriage of–

the crew, and

goods which are needed for works in respect of which the vehicle is used.

registered under any of the following enactments—

(a) the Roads Act 1920,

(b) the Vehicles (Excise) Act 1949,

(c) the Vehicles (Excise) Act 1962, or

(d) the 1971 Act

and,

in relation to the date on which a vehicle was registered, the date on which it was first registered under any of those enactments.

a requirement that the brakes of a motor vehicle (as assisted, where a trailer is being drawn, by the brakes on the trailer) comply—

(i) in a case to which item 1 in Table 1 in regulation 18 applies, with the requirements specified in regulation 18(3) for vehicles falling in that item;

(ii) in any other case, with the requirements specified in regulation 18(3) for vehicle classes (a) and (b) in item 2 of that Table (whatever the date of first use of the motor vehicle and the date of manufacture of any trailer drawn by it may be).

in relation to a motor vehicle, a braking system so designed and constructed that—

(a) it comprises two independent sections of mechanism capable of developing braking force such that, excluding the means of operation, a failure of any part (other than a fixed member or a brake shoe anchor pin) of one of the said sections will not cause a decrease in the braking force capable of being developed by the other section;

(b) the said two sections are operated by a means of operation which is common to both sections;

(c) the braking efficiency of either of the said two sections can be readily checked.

(a) any adjustable suspension is at the normal travelling height,

(b) all pneumatic tyres are suitably inflated for use when the vehicle is fully laden, and

(c) the semi-trailer is unladen.

a pneumatic tyre which is designed for use on a motor vehicle only—

(a) in the event of the failure of one of the tyres normally fitted to a wheel of the vehicle, and

(b) at a speed lower than that for which such normally fitted tyres are designed.

(2A) Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.

(3) For the purpose of these Regulations, the date on which a motor vehicle is first used is—

(a) in the case of a vehicle not falling within sub-paragraph (b) and which is registered, the date on which it was registered;

(b) in each of the following cases—

(i) a vehicle which is being or has been used under a trade licence as defined in section 16 of the 1971 Act (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made or of a distributor of vehicles, or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);

(ii) a vehicle belonging, or which has belonged, to the Crown and which is or was used or appropriated for use for naval, military or air force purposes;

(iii) a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965 applies;

(iv) a vehicle which has been used on roads outside Great Britain before being imported into Great Britain; and

(v) a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;

the date of manufacture of the vehicle.

In sub-paragraph (b) (v) of this paragraph “ sold or supplied by retail ” means sold or supplied otherwise than to a person acquiring it solely for the purpose of resale or re-supply for a valuable consideration .

(4) The date of manufacture of a vehicle to which the Type Approval for Goods Vehicles Regulations apply shall be the date of manufacture described in regulation 2(4)(a) of those Regulations.

(5) Save where otherwise provided in these Regulations a tyre shall not be deemed to be of soft or elastic material unless the said material is either—

(a) continuous round the circumference of the wheel; or

(b) fitted in sections so that so far as reasonably practicable no space is left between the ends thereof,

and is of such thickness and design as to minimise, so far as reasonably possible, vibration when the vehicle is in motion and so constructed as to be free from any defect which might in any way cause damage to the surface of a road.

(6) For the purpose of these Regulations a brake drum and a brake disc shall be deemed to form part of the wheel and not of the braking system.

(7) For the purpose of these Regulations other than regulations 26 and 27 any two wheels of a motor vehicle or trailer shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and the road surface is less than 460 mm.

(8) For the purpose of these Regulations other than regulations 26 and 27 in counting the number of axles of, and in determining the sum of the weights transmitted to the road surface by any one axle of, a vehicle, all the wheels of which the centres of the areas of contact with the road surface can be included between any two transverse planes less than 0.5 m apart shall be treated as constituting one axle.

(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.

(9) The provisions of these Regulations relating to trailers do not apply to any part of an articulated bus.

(10) For the purpose of paragraph (8A) above, regulations 51, 76, 77 and 79 and Schedules 11 and 11A ..., the distance between any two axles shall be obtained by measuring the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

(11) For the purpose of the following provisions only, a composite trailer shall be treated as one trailer (not being a semi-trailer or a converter dolly)—

(a) regulations 7, 76 and 83;

(b) paragraph (2) of, and items 3 and 10 in the Table in, regulation 75;

(c) item 2 in the Table in regulation 78.

Section 3A Modification of Regulations in relation to vehicles for which a Minister’s approval certificate has been issued under the Motor Vehicles (Approval) Regulations 1996

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

Section 4 Application and Exemptions

(1) Save where the context otherwise requires, these Regulations apply to both wheeled vehicles and track-laying vehicles.

(2) Where a provision is applied by these Regulations to a motor vehicle first used on or after a specified date it does not apply to that vehicle if it was manufactured at least six months before that date.

(3) Where an exemption from, or relaxation of, a provision is applied by these Regulations to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least six months before that date.

(4) Subject to paragraph (7), the regulations specified in an item in column 3 of the Table do not apply in respect of a vehicle of a class specified in that item in column 2.

(regulation 4(4))

The regulations in Part II insofar as they relate to construction and equipment, except regulations 16 (insofar as it concerns parking brakes) 20, 30, 34, 37 and 53.

Regulations 66 to 69 and 71.

A vehicle brought temporarily into Great Britain by a person resident abroad, provided that the vehicle complies in every respect with the requirements relating to motor vehicles or trailers contained in—

(a) article 21 and paragraph (1) of article 22 of the Convention on Road Traffic concluded at Geneva on 19th September 1949 and Part I, Part II (so far as it relates to direction indicators and stop lights) and Part III of Annex 6 to that Convention; or

(b) paragraphs I, III and VIII of article 3 of the International Convention relative to Motor Traffic concluded at Paris on 24th April 1926

The regulations in Part II insofar as they relate to construction and equipment except regulations 7, 8, ... 10, 10A, 40 and 53 ; and

additionally, in respect of any passenger vehicle with a maximum gross weight exceeding 10 tonnes registered in one or more member States, regulations 36A(2), 36A(7) and 36A(9);

additionally, in respect of any goods vehicle with a maximum gross weight exceeding 12 tonnes registered in one or more member States, regulations 36(B)(2), 36B(9) and 36B(11) .

Regulations 66 to 69 and 71.

A vehicle manufactured in Great Britain which complies with the requirements referred to in item 2 above and contained in the Convention of 1949, or, as the case may be, 1926 referred to in that item as if the vehicle had been brought temporarily into Great Britain, and either—

(a) is exempt from car tax by virtue of section 7(1), (2) and (3) of the Car Tax Act 1983 , or

(b) has been zero rated under regulation 56 or 57 of the Value Added Tax (General) Regulations 1985 .

The regulations in Part II insofar as they relate to construction and equipment, except regulations 7, 8, ... 10, 10A, 40 and 53 .

Regulations 66 to 69 and 71.

The regulations in Part II insofar as they relate to construction and equipment, except regulations ... 16 (insofar as it concerns parking brakes), 21, 53 ... and 61.

Regulations 66 to 69, 71, 75 to 79 and 93A .

A towing implement which is being drawn by a motor vehicle while it is not attached to any vehicle except the one drawing it if—

the towing implement is not being so drawn during the hours of darkness, and

the vehicle by which it is being so drawn is not driven at a speed exceeding 20 mph; or

a vehicle which is being drawn by a motor vehicle in the exercise of a statutory power of removal.

A vehicle being used on a road by a vehicle examiner, who has been authorised in writing by the Secretary of State for the purpose of—

submitting the vehicle for an examination under section 45 of the Road Traffic Act 1988 in order to ascertain whether the examination is carried out in accordance with regulations made under that section; or

removing the vehicle following that examination.

(5) Any reference to a broken down vehicle shall include a reference to any towing implement which is being used for the drawing of any such vehicle.

(6) The Secretary of State is satisfied that it is requisite that the provisions of regulation 40(2) should apply, as from the date on which these Regulations come into operation, to track-laying vehicles registered before the expiration of one year from the making of these Regulations; and that, notwithstanding that those provisions will then apply to these vehicles, no undue hardship or inconvenience will be caused thereby.

(7) The exemption provided by item 11 in the Table in paragraph (4) shall only apply to the extent that the vehicle examiner using the vehicle in question reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while it is being used by that person for a purpose mentioned in that item.

(8) In item 11 in the Table in paragraph (4) and paragraph (7), “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.

Section 5 Trade Descriptions Act 1968

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Section 6 Compliance with Community Directives and ECE Regulations

(1) For the purpose of any regulation which requires or permits a vehicle to comply with the requirements of a Community Directive or an ECE Regulation, a vehicle shall be deemed so to have complied at the date of its first use only if—

(a) one of the certificates referred to in paragraph (2) has been issued in relation to it; or

(b) the marking referred to in paragraph (3) has been applied; or

(c) it was, before it was used on a road, subject to a relevant type approval requirement as specified in paragraph (4).

(2) The certificates mentioned in paragraph (1) are—

(b) a certificate of conformity issued by the manufacturer of the vehicle under regulation 6 of either of those Regulations; ...

(c) a certificate issued under a provision of the law of any member state of the European Economic Community which corresponds to the said regulations 5 or 6 ; or

(d) a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;

being in each case a certificate issued by reason of the vehicle's conforming to the requirements of the Community Directive in question.

(a) a type approval certificate issued by the Secretary of State under regulation 5 of the Type Approval Regulations or of the Type Approval for Agricultural Vehicles Regulations;

(3) The marking mentioned in paragraph (1) is a marking designated as an approval mark by regulation 4 of the Approval Marks Regulations, being in each case a mark shown in column 2 of an item in Schedule 2 to those Regulations which refers, in column 5, to the ECE Regulation in question, applied as indicated in column 4 in that item.

(4) A relevant type approval requirement is a requirement of the Type Approval (Great Britain) Regulations or the Type Approval for Goods Vehicles Regulations which appears—

(a) in column 4 of Table I in Schedule 2 in the item in which the Community Directive in question appears in column 3, or

(b) in column 4 of Table II in Schedule 2 in the item in which the ECE Regulation in question appears in column3.

Section 7 Length

(1) Subject to paragraphs (2) to (6), the overall length of a vehicle or combination of vehicles of a class specified in an item in column 2 of the Table shall not exceed the maximum length specified in that item in column 3 of the Table, the overall length in the case of a combination of vehicles being calculated in accordance with regulation 81(g) and (h).

(regulation 7(1))

A composite trailer drawn by–

(a) a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3500 kg; or

(b) an agricultural motor vehicle

A trailer (not being a semi-trailer or composite trailer) with at least 4 wheels which is—

(a) drawn by a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3500 kg; or

(b) an agricultural trailer.

(2) In the case of a motor vehicle drawing one trailer where—

(a) the motor vehicle is a showman's vehicle as defined in paragraph 7 of Schedule 3 to the 1971 Act; and

(b) the trailer is used primarily as living accommodation by one or more persons and is not also used for the carriage of goods or burden which are not needed for the purpose of such residence in the vehicle,

item 1 in the Table applies with the substitution of 22 m for 18 m and item 1A in the Table does not apply .

(3) Items 1 ,1A , 3, 3A and 3B of the Table do not apply to–

(a) a vehicle combination which includes a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length, or

(b) a vehicle combination consisting of a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown, ...

(c) an articulated vehicle, the semi-trailer of which is a low loader manufactured before 1st April 1991 , 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 .

(3A) Items 6, 7, 7A, 8 and 9 of the Table do not apply to–

(a) a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length,

(b) a broken down vehicle (including an articulated vehicle) which is being drawn by a motor vehicle in consequence of a breakdown, or

(c) a trailer being a drying or mixing plant designed for the production of asphalt or of bituminous or tar macadam and used mainly for the construction, repair or maintenance of roads, or a road planing machine so used.

(3B) Furthermore item 7 does not apply to–

(a) a semi-trailer which is a car transporter,

(b) a semi-trailer which is normally used on international journeys any part of which takes place outside the United Kingdom.

(3C) Item 1A and the words “(other than a motor vehicle such as is mentioned in item 1A)” in item 1 of the Table shall cease to have effect after 31st December 2006.

(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.

(4) Where a motor vehicle is drawing—

(a) two trailers, then only one of those trailers may exceed an overall length of 7 m;

(b) three trailers, then none of those trailers shall exceed an overall length of 7 m.

(5) Where a motor vehicle is drawing—

(a) two or more trailers; or

(b) one trailer constructed and normally used for the conveyance of indivisible loads of exceptional length—

then—

(i) the overall length of that motor vehicle shall not exceed 9.2 m; and

(ii) the overall length of the combination of vehicles, calculated in accordance with regulation 81(g) and (h), shall not exceed 25.9 m, unless the conditions specified in paragraphs 1 and 2 of Schedule 12 have been complied with.

(5XA) A motor vehicle drawing a trailer which is not a semi-trailer shall (unless it is a vehicle such as is mentioned in item 1A of the Table in paragraph (1)) comply with the requirements of paragraph (5A).

The words in parenthesis in this paragraph shall cease to have effect after 31st December 2006.

(5A) The requirements of this paragraph, in relation to a combination of vehicles, are that at least one of the vehicles in the combination is not a goods vehicle or, if both vehicles in the combination are goods vehicles that—

(a) the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer, less the distance between the rear of the motor vehicle and the front of the trailer, does not exceed 15.65m; and

(b) the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer does not exceed 16.4 m ;

but sub-paragraph (a) shall not apply if both vehicles in the combination are car transporters.

(6) The requirements of this paragraph, in relation to a semi-trailer, are that–

(a) the longitudinal distance from the axis of the king pin ... to the rear of the semi-trailer does not exceed–

(i) 12.5m in the case of a car transporter, ...

(ia) 12.15m when carrying one or more containers or swap bodies up to a total maximum length of 45 feet as part of an intermodal transport operation, or

(ii) 12m in any other case; and

(b) no point in the semi-trailer forward of the transverse plane passing through the axis of the king pin ... is more than–

(i) 4.19m from the axis of the king pin, in the case of a car transporter, or

(ii) 2.04m from the axis of the king pin, in any other case.

(6A) For the purposes of paragraph (5A)—

(a) where the forward end of the loading area of a motor vehicle is bounded by a wall, the thickness of the wall shall be regarded as part of the loading area; and

(b) any part of a vehicle designed primarily for use as a means of attaching another vehicle to it and any fitting designed for use in connection with any such part shall be disregarded in determining the distance between the rear of a motor vehicle and the front of a trailer being drawn by it.

(7) For the purpose of paragraph (6) the longitudinal distance from the axis of the king pin to the rear of a semi-trailer is the distance between a transverse plane passing through the axis of the king pin and the rear of the semi-trailer .

(7A) Where a semi-trailer has more than one king-pin or is constructed so that it can be used with a king-pin in different positions, references in this regulation to a distance from the king-pin shall be construed

(a) in relation to a vehicle which was manufactured after 1st January 1999 , as a reference to the foremost king-pin or, as the case may be, the foremost king-pin position; and

(b) in relation to any other vehicle, as a reference to the rearmost king-pin or, as the case may be, the rearmost king-pin position.

(7B) For the purposes of paragraphs (5A), (6) and (7)—

(a) a reference to the front of a vehicle is a reference to the transverse plane passing through the extreme forward projecting points of the vehicle; and

(b) a reference to the rear of a vehicle is a reference to the transverse plane passing through the extreme rearward projecting points of the vehicle,

inclusive (in each case) of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of—

(i) the things set out in sub-paragraph (i) of the definition of “overall length” in the Table in regulation 3(2), and

(ii) in the case of a semi-trailer, the things set out in sub-paragraph (ii)(a) of that definition.

(8) Where a broken down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown–

(a) paragraph (5) shall have effect in relation to the combination of vehicles as if sub-paragraph (b) were omitted, and

(b) for the purposes of paragraph (4) and of paragraph (5) as so modified, the articulated vehicle shall be regarded as a single trailer.

(9) No person shall use or cause or permit to be used on a road, a trailer with an overall length exceeding 18.65m unless the requirements of paragraphs 1 and 2 of Schedule 12 are complied with.

(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,

(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.

Section 8 Width

(1) Save as provided in paragraph (2), the overall width of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum width specified in column 3 in that item.

(regulation 8(1))

(2) Paragraph (1) does not apply to a broken down vehicle which is being drawn in consequence of the breakdown.

(3) No person shall use or cause or permit to be used on a road a wheeled agricultural motor vehicle drawing a wheeled trailer if, when the longitudinal axes of the vehicles are parallel but in different vertical planes, the overall width of the two vehicles, measured as if they were one vehicle, exceeds 2.55 metres.

(4) In this regulation—

“refrigerated vehicle” means any vehicle which is specially designed for the carriage of goods at low temperature and of which the thickness of each of the side walls inclusive of insulation, is at least 45 mm; and

“conditioned container or swap body” means a container or swap body used to carry goods at controlled temperatures on different modes of transport.

Section 9 Height

(1) The overall height of a bus shall not exceed 4.57 m.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10 Indication of overall travelling height

(1) Subject to the provisions of this regulation, no person shall drive or cause or permit to be driven on a road a motor vehicle with an overall travelling height exceeding 3m unless a notice is displayed in the cab, in such a manner that it can easily be read by the driver, and the notice meets the requirements of paragraph (3).

(2) Subject to the provisions of this regulation, no person shall use or cause or permit to be used on a road a motor vehicle with an overall travelling height exceeding 3m if any letters or numbers are displayed in the cab, otherwise than in a notice which meets the requirements of paragraph (3)—

(a) where they could be read by the driver; and

(b) which could be understood as indicating a height associated with the vehicle or any trailer drawn by it.

(3) The requirements of this paragraph in respect of a notice are that—

(a) the notice gives an indication of vehicle height expressed in feet and inches, or in both feet and inches and in metres;

(b) the numbers giving the indication in feet and inches are at least 40mm tall;

(c) the height expressed in feet and inches and (where applicable) the height expressed in metres are—

(i) if the vehicle is a vehicle to which regulation 10A applies, not less than the predetermined height mentioned in regulation 10A (2)(a) or the overall travelling height (whichever is the greater), or

(ii) if the vehicle is not a vehicle to which regulation 10A applies, not less than the overall travelling height;

(d) if the vehicle is not a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 150mm;

(e) if the vehicle is a relevant vehicle, the height expressed in feet and inches does not exceed the overall travelling height by more than 1m;

(f) if the height is expressed in both feet and inches and in metres, the height expressed in feet and inches and the height expressed in metres do not differ by more than 50mm; and

(g) no other letters or numbers which could be understood as being an indication of any height associated with the vehicle or any trailer drawn by it are displayed in the notice.

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

(a) in the case of a vehicle to which regulation 10A applies, the maximum travelling height.; or

(b) in any other case, the overall travelling height.

(5) Paragraph (1) shall not apply to a vehicle on a particular journey and at a particular time if—

(a) one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents describe a route or a choice of routes which the driver must take in order to fulfil the purpose of the journey without risk of the vehicle, its load or equipment or any trailer drawn by the vehicle, its load or equipment, colliding with any bridge or other overhead structure; and

(b) the vehicle is on such a route which is so described or is off that route by reason of a diversion that could not reasonably have been foreseen at the beginning of the journey.

(6) Paragraph (1) shall not apply to a vehicle on a particular journey if—

(a) one or more documents are being carried in the vehicle which are within the easy reach of the driver and that or those documents contain information as to—

(i) the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could pass, and

(ii) the height of bridges and other overhead structures under which the vehicle and any trailer drawn by it could not pass,

without the vehicle, its load or equipment or any such trailer, its load or equipment, colliding with any bridge or other overhead structure; and

(b) the information is such that, having regard in particular to the matters referred to in paragraph (7), it would enable any driver to fulfil the purpose of the journey without there being any risk of the vehicle, its load or equipment or any trailer, its load or equipment, colliding with any bridge or other overhead structure while on the journey.

(7) The matters referred to in paragraph (6) are—

(a) the roads which the driver might drive along in the course of fulfilling the purpose of the journey taking into account any possibility of unforeseen diversions and of the driver having difficulty in finding his way;

(b) the height of bridges and other overhead structures that would be encountered were the vehicle to proceed along any of those roads; and

(c) the setting of any device of a description specified in regulation 10A(2).

(8) Paragraphs (1) and (2) shall not apply to motor vehicle if it has an overall travelling height of not more than 4m and—

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

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

(9) For the purposes of this regulation—

(a) “ EEA State”, and “high level equipment” and “maximum travelling height” have the meanings given in regulation 10C;

(b) “overall travelling height” in relation to a motor vehicle means—

(i) if it is not drawing a trailer, the overall height for the time being of the vehicle, its equipment and load, or

(ii) if it is drawing one or more trailers, the overall height for the time being of the combination of vehicles, their equipment and loads.

(c) a motor vehicle is a “relevant vehicle” if at any particular time—

(i) the vehicle or any trailer drawn by it is fitted with high level equipment with a maximum, height of more than 3m; and

(ii) the overall travelling height is less than the maximum travelling height.

(10) In paragraph (8), “international traffic” and “registered or put into circulation” have the same meanings as in article 3 of Community Directive 85/3.

Section 10A Warning devices where certain high level equipment is fitted to a vehicle

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

(2) The requirements are—

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

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

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

(a) before 1st October 1998—

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

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

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

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

Section 10B Vehicles to which regulation 10A applies

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

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

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

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

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

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

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

(3) Regulation 10A does not apply to—

(a) an agricultural motor vehicle;

(a) an industrial tractor;

(c) a works truck;

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

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

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

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

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

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

Section 10C Interpretation of regulations 10A and 10B

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

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

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

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

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

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

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

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

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

(b) a trailer manufactured before that date,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) an agricultural trailer;

(b) an agricultural trailed appliance;

(c) a works trailer;

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

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

Section 11 Overhang

(1) The overhang of a wheeled vehicle of a class specified in an item in column 2 of the Table shall not, subject to any exemption specified in that item in column 4, exceed the distance specified in that item in column 3.

(regulation 11(1))

(a) a track-laying vehicle

(b) an agricultural motor vehicle

a bus

a refuse vehicle

a works truck

a track-laying vehicle

an agricultural motor vehicle

a motor car which is an ambulance

a vehicle designed to dispose of its load to the rear, if the overhang does not exceed 1.15 m

a vehicle first used before 2nd January 1933

a vehicle first used before 1st January 1966 if—

the distance between the centres of the rearmost and foremost axles does not exceed 2.29 m, and

the distance specified in column 3 is not exceeded by more than 76 mm

heating plant on a vehicle designed and mainly used to heat the surface of a road or other similar surface in the process of construction, repair or maintenance shall be disregarded.

(2) In the case of an agricultural motor vehicle the distance measured horizontally and parallel to the longitudinal axis of the rear portion of the vehicle between the transverse planes passing through the rearmost point of the vehicle and through the centre of the rear or the rearmost axle shall not exceed 3 m.

(3) A heavy motor car shall be taken to comply with the requirements of paragraph (1) if it meets the requirements of paragraph 7.6.2 of Annex I of Community Directive 97/27.

Section 12 Minimum ground clearance

(1) Save as provided in paragraph (2), a wheeled trailer which is—

(a) a goods vehicle; and

(b) manufactured on or after 1st April 1984,

shall have a minimum ground clearance of not less than 160 mm if the trailer has an axle interspace of more than 6 m but less than 11.5 m, and a minimum ground clearance of not less than 190 mm if the trailer has an axle interspace of 11.5 m or more.

(2) Paragraph (1) shall not apply in the case of a trailer—

(a) which is fitted with a suspension system with which, by the operation of a control, the trailer may be lowered or raised, while that system is being operated to enable the trailer to pass under a bridge or other obstruction over a road provided that at such times the system is operated so that no part of the trailer (excluding any wheel) touches the ground or is likely to do so; or

(b) while it is being loaded or unloaded.

(3) In this regulation—

“ axle interspace ” means —

in the case of a semi-trailer, the distance between the point of support of the semi-trailer at its forward end and, if it has only one axle, the centre of that axle or, if it has more than one axle, the point halfway between the centres of the foremost and rearmost of those axles; and

in the case of any other trailer, the distance between the centre of its front axle or, if it has more than one axle at the front, the point halfway between the centres of the foremost and rearmost of those axles, and the centre of its rear axle or, if it has more than one axle at the rear, the point halfway between the centre of the foremost and rearmost of those axles; and

“ ground clearance ” means the shortest distance between the ground and the lowest part of that portion of the trailer (excluding any part of a suspension, steering or braking system attached to any axle, any wheel and any air skirt) which lies within the area formed by the overall width of the trailer and the middle 70% of the axle interspace, such distance being ascertained when the trailer—

is fitted with suitable tyres which are inflated to a pressure recommended by the manufacturer, and

is reasonably horizontal and standing on ground which is reasonably flat.

Section 13 Turning circle—buses

(1) This regulation applies to a bus first used on or after 1st April 1982.

(2) Every vehicle to which this regulation applies shall be able to move on either lock so that , both with and without all its wheels in contact with the ground, no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

(2A) In relation to a vehicle manufactured before 1st June 1998 paragraph (2) shall have effect as if the words “, both with and without all its wheels in contact with the ground,” were omitted.

(3) When a vehicle to which this regulation applies moves forward from rest, on either lock, so that its outermost point describes a circle of 12.5 m radius, no part of the vehicle shall project beyond the longitudinal plane which, at the beginning of the manoeuvre, defines the overall width of the vehicle on the side opposite to the direction in which it is turning by more than—

(a) 0.8 m if it is a rigid vehicle of 12m or less in overall length ; or

(b) 1.2 m if it is a rigid bus of over 12m in overall length or an articulated bus.

(4) For the purpose of paragraph (3) the two rigid portions of an articulated bus shall be in line at the beginning of the manoeuvre.

Section 13A Turning circle—articulated vehicles other than those incorporating a car transporter

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

(2) This regulation applies to all articulated vehicles except the following:

(a) an articulated vehicle, the semi-trailer of which—

(i) was manufactured before 1st April 1990 and has an overall length that does not exceed the overall length it had on that date,

(ii) is a car transporter,

(iii) is a low loader,

(iv) is a stepframe low loader, or

(v) is constructed and normally used for the conveyance of indivisible loads of exceptional length;

(b) an articulated vehicle having an overall length not exceeding 15.5m and of which the drawing vehicle was first used before 1st June 1998 or the trailer was first used before that date; or

(c) an articulated vehicle when an axle of the trailer is raised to aid traction.

(3) In relation to a vehicle manufactured before 1st June 1998, paragraph (1) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road and” were omitted.

(4) An articulated vehicle shall be taken to comply with paragraph (1) if the semi-trailer comprised in it is, by virture of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/EC, deemed to comply with paragraph 7.6.1 of that Annex.

Section 13B Turning circle—articulated vehicles incorporating a car transporter

(1) Subject to paragraphs (2) and (3) this regulation applies to an articulated vehicle having an overall length exceeding 15.

5m, the semi-trailer of which is a car transporter.

(2) This regulation does not apply to an articulated vehicle, the semi-trailer of which satisfied the following conditions–

(a) it was manufactured before the 1st April 1990, and

(b) the distance from the front of the trailer to the rearmost axle is no greater than it was on that date.

(3) This regulation does not apply to an articulated vehicle the semi-trailer of which is–

(a) a low loader, or

(b) a stepframe low loader.

(4) Every articulated vehicle to which this regulation applies shall be able to move on either lock so that, both with and without all its wheels in contact with the surface of the road and disregarding the things set out in paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length” in the Table in regulation 3(2), no part of–

(a) the motor vehicle drawing the car transporter, or

(b) the car transporter to the rear of the transverse plane passing through the king pin,

projects outside the area between concentric circles with radii of 12.5m and 5.3m.

(5) In relation to a vehicle manufactured before 1st June 1998 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road” were omitted.

(6) An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/ EC , deemed to comply with paragraph 7.6.1 of that Annex.

Section 13C Turning circle—heavy motor car

(1) This regulation applies to a vehicle which—

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

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

(c) is not a vehicle falling within any of the descriptions specified in paragraph (2).

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

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

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

(c) a vehicle constructed and normally used for the carriage of indivisible loads of abnormal length.

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

Section 14 Connecting sections and direction-holding of articulated buses

(1) This regulation applies to every articulated bus first used on or after 1st April 1982.

(2) The connecting section of the two parts of every articulated bus to which this regulation applies shall be constructed so as to comply with the provisions relating to such a section specified in paragraph 5.9 in ECE Regulation 36 as regards vehicles within the scope of that Regulation.

(3) Every articulated bus to which this regulation applies shall be constructed so that when the vehicle is moving in a straight line the longitudinal median planes of its two parts coincide and form a continuous plane without any deflection.

Section 15 Braking systems of certain vehicles first used on or after 1st April 1983

(1) Save as provided in paragraphs (2), (3) and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1983 or which, in the case of a trailer, is manufactured on or after 1st October 1982 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or which, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with regulations 16 and 17.

(1A) Save as provided in paragraphs (2),(3), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after the relevant date or which, in the case of a trailer, is manufactured on or after the relevant date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date to comply with the said requirements instead of complying with paragraph (1) or with regulations 16 and 17.

(1B) In paragraph (1A), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle of any other class is 1st April 1989.

(1C) Save as provided in paragraphs (2), (3), (3A) and (5A), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1992 or which, in the case of a trailer, is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 88/194, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1992 or which, in the case of a trailer, was manufactured before 1st October 1991 to comply with the said requirements instead of complying with paragraph (1) or (1A) or with regulations 16 and 17.

(1D) Save as provided in paragraphs (2), (3), (3A) and (5A), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1995 or which, in the case of a trailer, is manufactured on or after that date shall comply with the construction, fitting and performance requirements specified in Annexes I, II, and VII to Community Directive 91/422, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1995 or which, in the case of a trailer, was manufactured before that date to comply with the said requirements instead of complying with paragraph (1), (1A) or (1C) or with regulations 16 and 17.

(1E) Save as provided in paragraphs (2), (3), (3A), (5A) and (5B) the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st May 2002 or which, in the case of a trailer, is manufactured on or after 1st May 2002 shall comply with the construction, fitting and performance requirements of Annexes I, II and VII to Community Directive 98/12/EC and if relevant, Annexes III, IV, V, VI, VIII, X, XI, XII, XIII and XIV to that Directive in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st May 2002 or which, in the case of a trailer, was manufactured before 1st May 2002 to comply with the said requirements instead of complying with paragraphs (1), (1A), (1C) or (1D) or with regulations 16 and 17.

(2) The requirements specified in paragraphs (1), (1A), (1C), (1D) and (1E) do not apply to—

(a) an agricultural trailer that is not drawn at a speed exceeding 40 km/h ;

(aa) an agricultural trailed appliance that is not drawn at a speed exceeding 20 mph;

(b) a locomotive;

(c) a motor tractor;

(d) an agricultural motor vehicle , not being a category T tractor, unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(da) a category T tractor unless it is first used after 1st June 1986 and is driven at more than 40 km/h;

(e) a vehicle which has a maximum speed not exceeding 25 km/h;

(f) a works trailer;

(g) a works truck;

(h) a public works vehicle;

(i) a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub–paragraph (b), (c), (e), (g) or (h) of this paragraph applies;

(j) a trailer falling within regulation 16(3)(b), (bb), (bc), (d), (e), (f) or (g);

(ja) a trailer which is manufactured before 1st January 1997 and has a maximum total design axle weight that does not exceed 750 kg; or

(k) a vehicle manufactured by Leyland Vehicles Limited and known as the Atlantean Bus, if first used before 1st October 1984.

(3) The requirements specified in paragraphs (1), (1A), (1C), (1D) and (1E) shall apply to the classes of vehicles specified in the Table so that—

(a) in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647, 88/194, 91/422 and 98/12 shall apply to every vehicle specified in that item other than—

(i) a double–decked vehicle first used before 1st October 1983, or

(ii) a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 ;

(b) in items 2 and 3—

(i) the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194, 91/422 and 98/12 shall not apply in relation to any vehicle first used before 1st April 1996;

(ii) those requirements shall not apply in relation to any relevant bus first used on or after that date;

(iii) sub–note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194, 91/422 and 98/12 shall not apply in relation to any vehicle,

and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;

(c) in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirement in paragraph 2.1.2.1 of Annex I to Community Directive 79/489 that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while continuing to steer the vehicle; and

(d) in items 1, 4, 5, 6, 7, 8, 9 and 10, the requirement specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489 shall not apply to a vehicle first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (1B) if either—

(i) following a test in respect of which the fee numbered 26024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990, or the corresponding fee prescribed under any corresponding previous enactment is payable, a document is issued by the Secretary of State indicating that, at the date of manufacture of the vehicle, the type to which it belonged complied with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 ; or

(ii) as a result of a notifiable alteration to the vehicle within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in sub–paragraph (i).

(3A) The requirements specified in paragraphs (1A), (1C), (1D) and (1E) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.

(3B) No motor vehicle to which paragraph (1D) or (1E) applies and which is first used on or after 1st April 1996 shall be fitted with an integrated retarder unless either—

(a) the motor vehicle is fitted with an anti–lock device which acts on the retarder and which complies with the requirements specified in Annex X to Community Directive 91/422 or Community Directive 98/12 ; or

(b) the retarder is fitted with a cut–out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat;

and expressions (other than the word “vehicle”) used in this paragraph which are also used in Annex I to Community Directive 85/647 shall, for the purposes of this paragraph, have the same meanings as in that Annex save that “retarder” shall not in any circumstances include a regenerative braking system.

(4) Instead of complying with paragraph (1) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 .

(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.05, 13.06, 13.07, 13.08 or 13.09 .

(5A) Instead of complying with paragraph (1C) or (1D) of this regulation, a vehicle to which this regulation applies may comply—

(a) in the case of a trailer manufactured before 1st April 1992, with ECE Regulation 13.05 or 13.06; or

(b) in the case of any vehicle not falling within sub–paragraph (a), with ECE Regulation 13.06 13.07, 13.08 or 13.09 .

(5B) Instead of complying with paragraph (1E) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.09.

(6) In paragraph (3A), the expression “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3m3 carried on a vehicle.

(7) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, 88/194, 91/422 or 98/12 , the definitions of “semi–trailer”, “full trailer” and “centre–axle trailer” set out in that Directive shall apply and the meaning of “semi–trailer” in column 2 of the Table in regulation 3(2) shall not apply.

(8) For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed except that, in the case of a trailer whose manufacture has been completed for more than 8 years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988, it shall be taken to be the date on which the notifiable alteration was completed.

(9) A trailer, whose manufacture has been completed for more than eight years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988, shall comply with all requirements of Community Directives relating to braking systems which applied to the trailer at the date when the notifiable alteration was completed.

(regulation 15(1))

Passenger vehicles and dual–purpose vehicles which have 3 or more wheels except—

dual–purpose vehicles constructed or adapted to carry not more than 2 passengers exclusive of the driver;

motor cycles with sidecar attached;

vehicles with three wheels, an unladen weight not exceeding 410kg, a maximum design speed not exceeding 50 km/h and an engine capacity not exceeding 50 cc;

buses.

Section 16 Braking systems of vehicles to which regulation 15 does not apply

(1) Save as provided in paragraphs (2) and (3), this regulation applies to every vehicle to which regulation 15 does not apply.

(2) Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to regulation 15(1), (1A), (1C), (1D) or (1E), or which complies with Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09.

(3) This regulation does not apply to the following vehicles, except in the case of a vehicle referred to in (a) insofar as the regulation concerns parking brakes (requirements 16 to 18 in Schedule 3)—

(a) a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

(b) a trailer which is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;

(ba) a trailer which has a maximum total design axle weight that does not exceed 750 kg;

(bb) a trailer which—

(i) is an agricultural trailer manufactured before 1st July 1947;

(ii) is being drawn by a motor tractor or an agricultural motor vehicle at a speed not exceeding 10 mph;

(iii) has a laden weight not exceeding 4070 kg; and

(iv) is the only trailer being drawn;

(bc) a trailer which is being drawn by a motor cycle in accordance with regulation 84;

(c) an agricultural trailed appliance;

(d) an agricultural trailed appliance conveyor;

(e) a broken down vehicle;

(f) before 1st October 1986—

(i) a trailer with an unladen weight not exceeding 102 kg which was manufactured before 1st October 1982; and

(ii) a gritting trailer; or

(g) on or after 1st October 1986, a gritting trailer with a maximum gross weight not exceeding 2000 kg.

(4) Save as provided in paragraph (7), a vehicle of a class specified in an item in column 2 of the Table shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in Schedule 3.

(regulation 16(4))

Provided that wheeled agricultural motor vehicles , not being category T tractors, not driven at more than 20 mph are excluded from all items other than items 21 to 23 and provided further that category T tractors not driven at more than 40 km/h are excluded from all items other than items 28 to 30 .

(5) Subject to paragraphs (5B) and (6), the braking system of a motor cycle to which this regulation applies and which is—

(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 1st April 1987 and before 22nd May 1995;

shall comply with ECE Regulation 13.05, 78 or 78.01 or Community Directive 93/14 in relation to the category of vehicles specified in that item in column 3.

(5A) Subject to paragraph (6), the braking system of a motor cycle to which this regulation applies and which is—

(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 22nd May 1995;

shall comply with ECE Regulation 78.01 or Community Directive 93/14 in relation to the category of vehicles specified in that item in column 3.

(Regulation 16(5) and (5A))

Vehicles with two wheels (without a sidecar attached) and with—

an engine capacity exceeding 50 cc, or

a maximum design speed exceeding 50 km/h.

Vehicles with two wheels, a sidecar attached and—

an engine capacity exceeding 50 cc, or

a maximum design speed exceeding 50 km/h.

Vehicles with three wheels (excluding two-wheeled vehicles with a sidecar attached) and with—

an engine capacity exceeding 50cc, or

a maximum design speed exceeding 50km/h.

(5B) In relation to a motor cycle with two wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L125, the Cosa LX125, the Cosa 200, the Cosa 200E, the Cosa L200 or the Cosa LX200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by–

(a) the omission of paragraph 4.4 (approval marks), and

(b) in paragraph 5.3.1.1, (independent braking devices and controls), the omission of the word “independent” in the first place where it appears,

but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.

(6) Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

(6A) Paragraph (5A) does not apply to—

(a) a vehicle with a maximum speed not exceeding 25 km/h; or

(b) a vehicle fitted for an invalid driver.

(7) Instead of complying with the provisions of paragraph (4) of this Regulation an agricultural motor vehicle may comply with Community Directive 76/432 or 96/63 .

Section 17 Vacuum or pressure brake warning devices

(1) Save as provided in paragraph (2), every motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system.

(2) The requirement specified in paragraph (1) does not apply in respect of—

(a) a vehicle to which paragraph (1), (1A), (1C), (1D) or (1E) of regulation 15 applies, or which complies with the requirements of that regulation, of Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or of ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09;

(b) an agricultural motor vehicle which complies with Community Directive 76/432 or 96/63 ;

(c) a vehicle with an unladen weight not exceeding 3050 kg propelled by an internal combustion engine, if the vacuum in the reservoir or reservoirs is derived directly from the induction system of the engine, and if, in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d) a vehicle first used before 1st October 1937.

Section 17A Couplings on trailer pneumatic braking systems

(1) In this regulation—

“BS coupling” means a coupling which—

is of the type, shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; and

complies with the dimensions shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b:2000;

“the British Standard specification” means the British Standard specification for dimensions of ‘contact’ type couplings for air pressure braking systems on trailers and semi-trailers and their towing vehicles, and the arrangements of these couplings on articulated and drawbar combinations, published by the British Standards Institution under reference number BS AU 138a: 1980 or BS AU 138b: 2000 ;

“coupling”, “emergency line”, “secondary line” and “service line” have the same meanings as in the British Standard specification;

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

“EEA State” means a state which is a Contracting Party to the EEA Agreement.

(2) For the purposes of this regulation, a relevant coupling is a coupling that is physically capable of being connected to a BS coupling.

(3) Subject to paragraphs (6) and (7), no service line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type showin in figure 2 of the British Standard specification BS AU 138a:1980 or figure 4 of the British Standard specification BS AU 138b:2000;

(b) complies with the dimensions shown in that figure; and

(c) complies with paragraph 3.4.3 of that specification (except so far as it requires it to be of a type shown in that figure).

(4) Subject to paragraphs (6), (7) and (8) no emergency line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 3 of the British Standard specification BS AU 138a:1980 or figure 5 of the British Standard specification 138b:2000; and

(b) complies with the dimensions shown in that figure.

(5) Subject to paragraphs (6), (7) and (8) no secondary line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 6 of the British Standard specification BS AU 138a:1980 or figure 6 of the British Standard specification BS AU 138b:2000; and

(b) complies with the dimensions shown in that figure.

(6) For the purposes of paragraphs (3), (4) and (5), a reference to the dimensions shown in a figure in the British Standard specification does not include any dimension marked “M22×1.5”.

(7) Paragraph (3) does not prevent a line being equipped with a relevant coupling which fulfils the requirements of—

(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 or code of practice which, whether mandatory or not, is 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 couplings, a level of safety and compatibility with BS couplings of the type shown in figure 1 of the British Standard specification BS AU 138a:1980 or figure 1 of the British Standard specification BS AU 138b:2000 equivalent to that provided by those specifications as modified in accordance with paragraph (6).

(8) Paragraph (7) shall have effect—

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

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

Section 18 Maintenance and efficiency of brakes

(1) Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

(1A) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(1B) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.

(1C) Where a goods vehicle of category N 2 or N 3 is being used to tow a trailer of category O 3 or O 4 and both vehicles are fitted with an ISO 7638 connector to provide a dedicated power supply to the ABS, then these connectors shall be used regardless of any alternative method available on the vehicles to provide such power.

(2) Paragraph (3) applies to every wheeled motor vehicle except—

(a) an agricultural motor vehicle , not being a category T tractor, which is not driven at more than 20 mph;

(aa) a category T tractor which is not driven at more than 40 km/h;

(b) a works truck; ...

(c) a pedestrian-controlled vehicle; and

(d) an industrial tractor.

(3) Every vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table I shall, subject to any exemption shown for that item in column 4, be so maintained that—

(a) its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b) if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor-cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 15 or 16 to be equipped with brakes.

(regulation 18(3))

(3A) For a category T tractor which is driven at more than 40 km/h, when drawing an agricultural trailer each component of the combination shall comply with the requirements of that component specified in item 3A(a) of Table I and with paragraph (5)(c).

(4) A goods vehicle shall not be deemed to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to—

(a) if a plating certificate has been issued and is in force for the vehicle, the design gross weight shown in column (3) of that certificate or, if no such weight is so shown, the gross weight shown in column (2) of that certificate; and

(b) in any other case, the design gross weight of the vehicle.

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to gross weight and design gross weight are to be taken as references to train weight and design train weight respectively.

(4A) A bus shall be deemed not to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(4B) For the purposes of paragraph (4A), the relevant weight,—

(a) in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and

(b) in relation to a bus first used before that date, is the weight specified in paragraph (4C).

(4C) The weight referred to in paragraph (4B)(b) is—

where—

X is the unladen weight of that bus in kilograms;

Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and

Z is—

in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8;

in the case of a PSV which is an articulated bus, the standing capacity; or

in any other case, nil.

(5) The brakes of—

(a) an agricultural motor vehicle, not being a category T tractor, which is first used on or after 1st June 1986 and is not driven at more than 20 mph;

(b) a category T tractor which is first used on or after 1st June 1986 and is not driven at more than 40 km/h; and

(c) an agricultural trailer manufactured on or after 1st December 1985,

shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum axle weights which the vehicle is designed to have.

(6) Every vehicle or combination of vehicles specified in an item in column 2 of Table II shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

(regulation 18(6))

(7) For the purpose of this regulation the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(8) A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency, to comply with regulation 15 or with Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 .

(9) In this regulation—

“PSV” means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981;

“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under section 26 of the Public Passenger Vehicles Act 1981.

Section 18A Review of regulation 18

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

Section 19 Application of brakes of trailers

Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver (or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive) is in a position and competent efficiently to apply the brakes of the trailer.

Provided that this regulation shall not apply to a trailer which—

(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b) ... is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

Section 20 General requirement as to wheels and tracks

Every motor cycle and invalid carriage shall be a wheeled vehicle, and every other motor vehicle and every trailer shall be either a wheeled vehicle or a track-laying vehicle.

Section 21 Diameter of wheels

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

Section 22 Springs and resilient material

(1) Save as provided in paragraphs (3) and (4), every motor vehicle and every trailer shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.

(2) Save as provided in paragraphs (3) and (4)in the case of a track-laying vehicle—

(a) resilient material shall be interposed between the rims of the weight-carrying rollers and the road surface so that the weight of the vehicle, other than that borne by any wheel, is supported by the resilient material; and

(b) where the vehicle is a heavy motor car, motor car, or trailer it shall have suitable springs between the frame of the vehicle and the weight-carrying rollers.

(3) This regulation does not apply to—

(a) a wheeled vehicle with an unladen weight not exceeding 4070 kg and which is—

(i) a motor tractor any unsprung wheel of which is fitted with a pneumatic tyre;

(ii) a motor tractor used in connection with railway shunting and which is used on a road only when passing from one railway track to another in connection with such use;

(iii) a vehicle specially designed, and mainly used, for work on rough ground or unmade roads and every wheel of which is fitted with a pneumatic tyre and which is not driven at more than 20 mph;

(iv) a vehicle constructed or adapted for, and being used for, road sweeping and every wheel of which is fitted with either a pneumatic tyre or a resilient tyre and which is not driven at more than 20 mph;

(b) an agricultural motor vehicle , not being a category T tractor, which is not driven at more than 20 mph;

(ba) a category T tractor which is not driven at more than 40 km/h;

(c) an agricultural trailer, or an agricultural trailed appliance;

(d) a trailer used solely for the haulage of felled trees;

(e) a motor cycle;

(f) a mobile crane;

(g) a pedestrian-controlled vehicle all the wheels of which are equipped with pneumatic tyres;

(h) a road roller;

(i) a broken down vehicle; or

(j) a vehicle first used on or before 1st January 1932.

(4) Paragraphs (1) and (2) (b) do not apply to a works truck or a works trailer.

Section 23 Wheel loads

(1) Subject to paragraph (2) this regulation applies to—

(a) a semi-trailer with more than 2 wheels;

(b) a track-laying vehicle with more than 2 wheels; and

(c) any other vehicle with more than 4 wheels.

(2) This regulation does not apply to a road roller.

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be fitted with a compensating arrangement which will ensure that under the most adverse conditions every wheel will remain in contact with the road and will not be subject to abnormal variations of load.

(4) Paragraph (3) does not apply in respect of a steerable wheel on which the load does not exceed—

(a) if it is a wheeled vehicle, 4250 kg ; and

(b) if it is a track-laying vehicle, 2540 kg.

(5) In the application of paragraph (3) to an agricultural motor vehicle, wheels which are in line transversely on one side of the longitudinal axis of the vehicle shall be regarded as one wheel.

Section 24 Tyres

(1) Save as provided in paragraph (2), every wheel of a vehicle of a class specified in an item in column 2 of the Table shall be fitted with a tyre of a type specified in that item in column 3 which complies with any conditions specified in that item in column 4.

(2) The requirements referred to in paragraph (1) do not apply to a road roller and are subject, in the case of any item in the Table, to the exemptions specified in that item in column 5.

(regulation 24(1))

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

(a) a vehicle mainly used for work on rough ground;

(b) a tower wagon;

(c) a vehicle fitted with a turn-table fire escape;

(d) a refuse vehicle;

(e) a works truck;

(f) a vehicle first used before 3rd January 1933.

No re-cut tyre shall be fitted to any wheel of a vehicle unless it is—

(a) an electrically propelled goods vehicle or,

(b) a goods vehicle with an unladen weight of at least 2540 kg and the diameter of the rim of the wheel is at least 405 mm.

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

a vehicle mainly used for work on rough ground;

a refuse vehicle;

a works truck;

a vehicle with an unladen weight not exceeding—

1270 kg if electrically propelled;

1020 kg in any other case;

a tower wagon;

a vehicle fitted with a turn-table fire escape;

a vehicle first used before 3rd January 1933.

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre—

(a) a works truck;

(b) a pedestrian-controlled vehicle

(a) agricultural motor vehicles, not being category T tractors, which are not driven at more than 20 mph; and

(b) category T tractors which are not driven at more than 40 km/h

The requirement in column 3 does not apply to a vehicle of which—

every steering wheel is fitted with a smooth-soled tyre which is not less than 60 mm wide where it touches the road; and

in the case of a wheeled vehicle, every driving wheel is fitted with a smooth-soled tyre which—

is not less than 150 mm wide if the unladen weight of the vehicle exceeds 3050 kg, or 76 mm wide in any other case, and either

is shod with diagonal cross-bars not less than 76 mm wide or more than 20 mm thick extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm; or

is shod with diagonal cross-bars of resilient material not less than 60 mm wide extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm.

Except in the case of a trailer mentioned in paragraph (d) of column 5, no re-cut tyre shall be fitted to any wheel of a trailer drawn by a heavy motor car or a motor car if the trailer—

has an unladen weight not exceeding—

if it is a living van, 2040 kg; or

in any other case, 1020 kg; or

is not constructed or adapted to carry any load, other than plant or other special appliance which is a permanent or essentially permanent fixture and has a gross weight not exceeding 2290 kg

an agricultural trailer manufactured before 1st December 1985;

an agricultural trailed appliance;

a trailer used to carry water for a road roller being used in connection with road works;

the following if every wheel which is not fitted with a pneumatic tyre is fitted with a resilient tyre—

a works trailer;

a refuse vehicle;

a trailer drawn by a heavy motor car every wheel of which is not required to be fitted with a pneumatic tyre;

a broken down vehicle; or

a trailer drawn by a vehicle which is not a heavy motor car or a motor car.

(3) Save as provided in paragraph (4) a wheel of a vehicle may not be fitted with a temporary use spare tyre unless either—

(a) the vehicle is a passenger vehicle (not being a bus) first used before 1st April 1987; or

(b) the vehicle complies at the time of its first use with ECE Regulation 64 or Community Directive 92/23 .

(4) Paragraph (3) 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.

Section 25 Tyre Loads and Speed Ratings

(1) Save as provided in paragraphs (3), (4), (7A) and (7B) any tyre fitted to the axle of a vehicle–

(a) which is a class of vehicle specified in an item in column 2 of Table I; and

(b) in relation to which the date of first use is as specified in that item in column 3 of that Table;

shall comply with the requirements specified in that item in column 4 of that Table.

(regulation 25(1))

Vehicles which are of one ormore of the following descriptions, namely–

goods vehicles,

trailers,

buses,

vehicles of a class mentioned in column 2 in Table III

Vehicles which are of one ormore of the following descriptions–

goods vehicles,

trailers,

buses,

vehicles of a class mentioned in column 2 in Table III,

and do not fall within item 3 below

Vehicles of a class mentioned in paragraph (2)

(2) The classes of vehicle referred to in item 3 in column 2 of Table I are–

(a) engineering plant;

(b) track-laying vehicles;

(c) vehicles equipped with tyres of speed category Q;

(d) works trucks; and

(e) motor vehicles with a maximum speed not exceeding 30 mph, not being vehicles of a class specified in–

(i) items 2 and 3 of Table II; or

(ii) paragraph (7A) or sub-paragraphs (a) to (d) of this paragraph;

or trailers while being drawn by such vehicles.

(3) Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is–

(a) broken down or proceeding to a place where it is to be broken up; and

(b) being drawn by a motor vehicle at a speed not exceeding 20 mph.

(4) Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that tyre is fitted to an axle of that vehicle, paragraph (7) shall not apply to that tyre while it is being used for those purposes.

(5) The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.

(6) The requirements of this paragraph are that the tyre shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table II in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).

(regulation 25(6))

(7) The requirement of this paragraph is that the tyre when first fitted to the vehicle was marked with a designated approval mark or complied with the requirements of ECE Regulation 30, 30.01, 30.02 or 54, or, in the case of a retreaded tyre, with the requirements of ECE Regulation 108 or 109 .

(7A) The requirements of paragraphs (6) and (7) shall not apply to any tyre fitted to the axle of a vehicle of a class specified in an item in column 2 of Table III while the vehicle is being driven or drawn at a speed not exceeding that specified in that item in column 3 of that Table.

(regulation 25(7A))

(7B) Paragraph (7C) applies where a tyre fitted to the axle of a vehicle—

(a) bears a speed category symbol and load–capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;

(b) is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and

(c) is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table III above.

(7C) In the circumstances mentioned in paragraph (7B), paragraph (7) shall not apply to the tyre if—

(a) the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the less), and

(b) the load on the tyre does not exceed the load indicated by the load–capacity index.

(8) A vehicle of a class described in column 2 in Table II first used on or after 1st April 1991 shall not be used on a road–

(a) in the case where there is no entry in column 4 specifying a variation to the load-capacity index expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the load-capacity index ; or

(b) in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the load-capacity index expressed as a percentage.

(9) In this regulation–

“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 33 in Schedule 4 to those Regulations (that item being a marking relating to Community Directive 92/23);

“dual wheels” means two or more wheels which are to be regarded as one wheel by virtue of paragraph 7 of regulation 3 in the circumstances specified in that paragraph;

“load-capacity index” has the same meaning as in paragraph 2.28 of Annex II to Community Directive 92/23 or paragraph 2 of ECE Regulation 30.02 or ECE Regulation 54, or as “load index” in paragraph 2 of ECE Regulation 108 or ECE Regulation 109 ;

“local service bus” means a bus being used in the provision of a local service as defined in section 2 of the Transport Act 1985;

“municipal vehicle” means a motor vehicle or trailer limited at all times to use by a local authority, or a person acting in pursuance of a contract with a local authority, for road cleansing, road watering or the collection and disposal of refuse, night soil or the contents of cesspools, or the purposes of the enactments relating to weights and measures or the sale of food and drugs;

“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within a radius of 25 miles from the permanent base at which it is normally kept;

“single wheels” means wheels which are not dual wheels; and

“speed category” has the same meaning as in paragraph 2.29 of Annex II to Community Directive 92/23 or paragraph 2.28 of ECE Regulation 54.

(9A) For the purposes of this regulation, a tyre is a “relevant car tyre” if—

(a) it has been marked with a designated approval mark, and

(b) the first two digits of the approval number comprised in the mark are “02”.

(9B) For the purposes of this regulation, a tyre is a “relevant commercial vehicle tyre” if—

(a) it has been marked with a designated approval mark, and

(b) the first two digits of the approval number comprised in the mark are “00”.

(10) In this regulation any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

Section 25A Tyre Noise

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

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

(b) a goods vehicle,

(c) a dual-purpose vehicle, or

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

(2) Paragraph (1) applies to—

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

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

(3) Paragraph (1) does not apply to—

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

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

(c) T-type temporary-use spare tyres; or

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

(4) In this regulation—

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

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

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

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

“replacement tyre” means—

a Class C1d tyre sold, or intended to be sold, on or after 1st October 2010;

a Class C1e tyre sold, or intended to be sold, on or after 1st October 2011; or

any other tyre sold, or intended to be sold, on or after the date these Regulations come into force,

where that tyre replaces, or is intended to replace, a tyre fitted to the axle of any vehicle to which paragraph (1) applies.

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

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

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

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

Section 26 Mixing of tyres

(1) Save as provided in paragraph (5) pneumatic tyres of different types of structure shall not be fitted to the same axle of a wheeled vehicle.

(2) Save as provided in paragraphs (3) or (5), a wheeled motor vehicle having only two axles each of which is equipped with one or two single wheels shall not be fitted with—

(a) a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply tyre is fitted on its front axle; or

(b) a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

(3) Paragraph (2) does not apply to a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant or to a vehicle which has a maximum speed not exceeding 30 mph.

(4) Save as provided in paragraph (5) pneumatic tyres fitted to—

(a) the steerable axles of a wheeled vehicle; or

(b) the driven axles of a wheeled vehicle, not being steerable axles,

shall all be of the same type of structure.

(5) Paragraphs (1), (2), and (4) do not prohibit the fitting of a temporary use spare tyre to a wheel of a passenger vehicle (not being a bus) unless it is driven at a speed exceeding 50 mph.

(6) In this regulation—

“ axle ” includes—

two or more stub axles which are fitted on opposite sides of the longitudinal axis of the vehicle so as to form—

a pair in the case of two stub axles; and

pairs in the case of more than two stub axles; and

a single stub axle which is not one of a pair;

“ a bias-belted tyre ” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, and are constrained by a circumferential belt comprising two or more layers of substantially inextensible cord material laid at alternate angles smaller than those of the ply cord structure ;

“ a diagonal-ply tyre ” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, but not being a bias-belted tyre ;

“ a driven axle ” means an axle through which power is transmitted from the engine of a vehicle to the wheels on that axle ;

“ a radial-ply tyre ” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at an angle of substantially 90 degrees to the peripheral line of the tread, the ply cord structure being stabilised by a substantially inextensible circumferential belt ;

“ stub axle ” means an axle on which only one wheel is mounted ; and

“ type of structure ”, in relation to a tyre, means a type of structure of a tyre of a kind defined in the foregoing provisions of this paragraph .

Section 27 Condition and maintenance of tyres

(1) Save as provided in paragraphs (2), (3) and (4), and subject to paragraph (1A), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if—

(a) the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b) the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c) the tyre has a cut in excess of 25 mm or 10% of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;

(d) the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;

(e) the tyre has any of the ply or cord exposed;

(f) the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;

(g) either—

(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or

(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; ...

(h) the tyre is not maintained in such condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in the vehicle or to other persons using the road;

(i) the tyre is not a retreaded tyre and—

(i) the week of manufacture marked on its sidewall in accordance with ECE Regulation 30 or 54 falls more than 10 years before the date on which the motor vehicle is used on the road; or

(ii) it does not have a week of manufacture marking which complies with ECE Regulation 30 or 54 (whether because it was manufactured before the ECE Regulations applied or otherwise);

(j) the tyre is a retreaded tyre and—

(i) the week of retreading marked on its sidewall in accordance with ECE Regulation 108 or 109 falls more than 10 years before the date on which the motor vehicle is used on the road; or

(ii) it does not have a week of retreading marking which complies with ECE Regulation 108 or 109 (whether because it was retreaded before the ECE Regulations applied or otherwise); or

(k) a date marked on the tyre sidewall in accordance with ECE Regulation 30, 54, 108 or 109 is illegible.

(1A) Subject to paragraph (4)(a) and (ca), and notwithstanding anything in regulation 25—

(a) paragraph (1)(i) and (j) only applies to tyres fitted—

(i) to a front axle of a bus other than a minibus;

(ii) in single configuration on any axle of a minibus;

(iii) to a front axle of a goods vehicle with a maximum gross weight exceeding 3,500 kg;

(b) in sub-paragraph (a)—

(i) “front axle” means any axle, forward of the mid-point of the chassis on which the wheels are controlled by the steering system;

(ii) “single configuration” means where no more than one wheel and tyre assembly is mounted at the end of the axle concerned;

(c) paragraph (1)(k) only applies to—

(i) buses (including minibuses);

(ii) goods vehicles with a maximum gross weight exceeding 3,500 kg.

(2) Paragraph (1) does not prohibit the use on a road of a motor vehicle or trailer by reason only of the fact that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which has any of the defects described in sub-paragraph (c) , (d) or (e) of paragraph (1), if the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the motor vehicle or trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

(3) Paragraph (1) (a) does not prohibit the use on a road of a passenger vehicle (not being a bus) by reason only of the fact that a wheel of the vehicle is fitted with a temporary use spare tyre, unless the vehicle is driven at a speed exceeding 50 mph.

(4)

(a) Nothing in paragraph (1) (a) to (g) and (i) to (k) applies to—

(i) an agricultural motor vehicle , not being a category T tractor, that is not driven at more than 20 mph;

(ii) an agricultural trailer;

(iii) an agricultural trailed appliance; ...

(iv) a broken down vehicle or a vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a motor vehicle at a speed not exceeding 20 mph; or

(v) a category T tractor that is not driven at more than 40 km/h.

(b) Nothing in paragraph (1) (f) and (g) applies to—

(i) a three-wheeled motor cycle the unladen weight of which does not exceed 102 kg and which has a maximum speed of 12 mph; or

(ii) a pedestrian-controlled works truck.

(c) Nothing in paragraph (1) (g) applies to a motorcycle with an engine capacity which does not exceed 50 cc.

(ca) Nothing in paragraph (1)(i) to (k) applies to a vehicle of historical interest used for non-commercial purposes, and for this purpose “vehicle of historical interest” means a vehicle which is considered to be of historical interest to Great Britain and which—

(i) was manufactured or registered for the first time at least 40 years previously;

(ii) is of a type no longer in production, where “type” in relation to a vehicle has the same meaning as “type of vehicle” in Article 3(32) 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; and

(iii) has been historically preserved or maintained in its original state and has not undergone substantial changes in the technical characteristics of its main components.

(d) With effect from 1st January 1992, paragraph 1(f) and (g) shall not apply to the vehicles specified in sub-paragraph (e) of this paragraph but such vehicles shall comply with the requirements specified in sub-paragraph (f) of this paragraph.

(e) The vehicles mentioned in sub-paragraph (d) are–

(i) passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver;

(ii) goods vehicles with a maximum gross weight which does not exceed 3500 kg; and

(iii) light trailers not falling within sub-paragraph (ii);

first used on or after 3rd January 1933.

(f) The requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band comprising the central three-quarters of the breadth of tread and round the entire outer circumference of the tyre.

(5) A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle or trailer if—

(a) its ply or cord has been cut or exposed by the recutting process; or

(b) it has been wholly or partially recut in a pattern other than the manufacturer's recut tread pattern.

(6)

(a) In this regulation—

“ breadth of tread ” means the breadth of that part of the tyre which can contact the road under normal conditions of use measured at 90 degrees to the peripheral line of the tread ;

“ original tread pattern ” means in the case of—

a retreaded tyre, the tread pattern of the tyre immediately after the tyre was retreaded ;

a wholly recut tyre, the manufacturer's recut tread pattern;

a partially recut tyre, on that part of the tyre which has been recut, the manufacturer's recut tread pattern, and on the other part, the tread pattern of the tyre when new, and

any other tyre, the tread pattern of the tyre when the tyre was new.

“ tie-bar ” means any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of such tread pattern ;

“ tread pattern ” means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any—

tie bars or tread wear indicators;

features which are designed to wear out substantially before the rest of the pattern under normal conditions of use; and

other minor features; and

“ tread wear indicator ” means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between two or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern .

(b) The references in this regulation to grooves are references—

if a tyre has been recut, to the grooves of the manufacturer's recut tread pattern; and

if a tyre has not been recut, to the grooves which showed when the tyre was new.

(c) A reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

Section 28 Tracks

(1) Every part of every track of a track-laying vehicle which comes into contact with the road shall be flat and have a width of not less than 12.5 mm.

(2) The area of the track which is in contact with the road shall not at any time be less than 225 cm 2 in respect of every 1000 kg of the total weight which is transferred to the road by the tracks.

(3) The tracks of a vehicle shall not have any defect which might damage the road or cause danger to any person on or in the vehicle or using the road, and shall be properly adjusted and maintained in good and efficient working order.

Section 29 Maintenance of steering gear

All steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.

Section 30

(1) Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.

(2) Instead of complying with the requirement of paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643 , 88/366, 90/630 or, in the case of an agricultural motor vehicle, 79/1073.

(3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

Section 31

(1) This regulation applies to a motor vehicle which is—

(a) a wheeled vehicle, not being a caravan, first used before 1st June 1978;

(b) a caravan first used before 1st September 1978; or

(c) a track-laying vehicle.

(2) The glass fitted to any window specified in an item in column 3 of the Table of a vehicle of a class specified in that item in column 2 shall be safety glass.

(regulation 31(2))

(3) For the purposes of this regulation any windscreen or window at the front of the vehicle the inner surface of which is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

(4) In this regulation and in regulation 32–

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and

“designated approval mark” means the marking designated as an approval mark by Regulation 5 of the Approval Marks Regulations and shown at item 31 or 32 in Schedule 4 to those Regulations (those items being markings relating to Community Directive 92/22); and

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.

(5) Paragraph (2) does not apply to glass which is legibly and permanently marked with a designated approval mark.

Section 32

(1) This regulation applies to—

(a) a caravan first used on or after 1st September 1978, and

(b) a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2) Save as provided in paragraphs (3) to (9) the windows specified in column 2 of Table I in relation to a vehicle of a class specified in that column shall be constructed of the material specified in column 3 of that Table.

(regulation 32(2))

(3) The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4) The windscreens of motorcycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5) Any windscreens or other windows which are wholly or partly in front of or on either side of the driver's seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken, shall—

(a) be constructed of safety glazing; and

(b) be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6) Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7) Windows being—

(a) windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (save as provided in paragraph (7A)) which are wholly or partly in front of or on either side of the driver's seat;

(b) windows of the upper deck of a double-decked bus; or

(c) windows in the roof of a vehicle,

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(7A) Paragraph (7)(a) does not apply to—

(a) category T tractors first used on or after 1st June 1986 and driven at more than 40 km/h; or

(b) agricultural motor vehicles, not being category T tractors, first used on or after 1st June 1986 and driven at more than 20 mph.

(8) In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9) No requirement in this regulation that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall apply to a windscreen or other window which is—

(a) manufactured in France;

(b) marked with a marking consisting of the letters “TP GS” or “TP GS E”; and

(c) fitted to a vehicle first used before 1st October 1986.

(10) Save as provided in paragraph (11), the windscreens or other windows constructed in accordance with the foregoing provisions of this regulation of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table II in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure specified in a document specified in relation to those windows in column 5.

(regulation 32(10))

(11) Paragraph (10) does not apply to—

(a) any part of any windscreen which is outside the vision reference zone;

(b) windows through which the driver when in the driver's seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c) windows in any motor ambulance which are not wholly or partly in front of or on either side of any part of the driver's seat; or

(d) windows in any bus, goods vehicle, locomotive, or motor tractor other than windows which—

(i) are wholly or partly in front of or on either side of any part of the driver's seat;

(ii) face the rear of the vehicle; or

(iii) form the whole or part of a door giving access to or from the exterior of the vehicle.

(11A) Paragraphs (10) and (11) have effect in relation to any tint, film or other substance or material applied to a windscreen or window as they have effect in relation to the windscreen or window itself.

(12) For the purposes of this regulation any window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

(12A) Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(12B) Paragraph (10) does not apply to a window if—

(a) it is a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b) it is not a window to which paragraph 12C applies and is legibly and permanently marked with a designated approval mark.

(12C) This paragraph applies to a side or rear window if—

(a) any part of it is on either side of or forward of the driver’s seat; or

(b) any part of it is within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by regulation 33 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by regulation 33 if, were it to be removed, the vehicle would nevertheless meet the requirements of regulation 33.

(13) In this regulation, unless the context otherwise requires—

“ British Standard Specification No. 857 ” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088 ;

“ British Standard Specification No. 5282 ” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185 ;

“ British Standard Specification BS AU 178 ” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178 ;

...

...

“designated approval mark” means—

in relation to a windscreen, the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 in Schedule 4 to those Regulations, and

in relation to a window other than a windscreen, the markings designated as approval marks by regulation 5 of those Regulations and shown at item 32 in Schedule 4 to those Regulations.

“ safety glazing ” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts ;

“ security vehicle ” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either—

persons who are likely to require protection from any criminal offence involving violence; or

dangerous substances, bullion, money, jewellery, documents or other goods or burden which, by reason of their nature or value, are likely to require protection from any criminal offence;

“ specified safety glass ” means glass complying with the requirements of either—

British Standard Specification No. 857 (including the requirements as to marking); or

British Standard Specification No. 5282 (including the requirements as to marking);

“ specified safety glass (1980) ” means glass complying with the requirements of either—

the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088, Amendment Slip No. 2 published on 30th September 1980 under the number AMD 3402, and Amendment Slip No. 4 published on 15th February 1981 under the number AMD 3548 (including the requirements as to marking); or

British Standard Specification BS AU 178 (including the requirements as to marking); or

ECE Regulation 43 (including the requirements as to marking).

“ vision reference zone ” means either—

the primary vision area as defined in British Standard Specification No. 857;

Zone 1, as defined in British Standard Specification No. 5282;

Zone B (as regards passenger vehicles other than buses) and Zone 1 (as regards all other vehicles) as defined in British Standard Specification BS AU 178 and in ECE Regulation 43; and

“ windscreen ” includes a windshield ;

Section 33 Mirrors and other devices for indirect vision

(1) Save as provided in paragraphs (5) to (6H) and (10) , a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors or other device for indirect vision, if any, as are specified in that item in column 3; and any mirror or other device for indirect vision which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in columns 4 and 5.

(2) Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 8 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3) Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 10 or 11 of the Table which is first used on or after 1st April 1969 the edges of any interior mirror shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.

(4) Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 7, or within item 8, of the Table—

(a) each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;

(b) each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c) where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d) where the bottom edge of an exterior mirror, which complies with the requirements of Community Directive 2003/97 or 2005/27 or ECE Regulation 46.02, is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 25 cm beyond the overall width of the vehicle or, in the case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 25 cm beyond the overall width of the trailer;

(e) each interior mirror shall be capable of being adjusted by the driver when in his driving position; and

(f) except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver’s side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—

(a) if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(b) if it is a goods vehicle first used on or after 1st August 1989 and before 26th January 2007—

(i) in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg, with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(ii) in the case of a vehicle with a maximum gross weight exceeding 12,000 kg, with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(c) if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(d) if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(e) if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.

(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in—

(a) Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;

(b) Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6;

(c) Annex II to Community Directive 2003/97, excluding paragraph 3.4; or

(d) Annex II to Community Directive 2005/27, excluding paragraph 3.4.

(6A) The requirements set out in paragraph (1) and the Table are modified as set out in paragraphs (6C) and (6D) in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of that vehicle.

(6B) The alternative requirements set out in paragraph (5) do not apply in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of the vehicle.

(6C) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 3 of the Table shall instead meet the requirements set out in item 4 which are applicable to a vehicle of the same maximum gross weight.

(6D) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 5 of the Table shall instead meet the requirements set out in item 6.

(6E) For the purposes of paragraphs (6C) and (6D)—

(a) the words “and other devices for indirect vision” are omitted from item 4; and

(b) the words “or other devices for indirect vision” are omitted from items 4 and 6.

(6F) A relevant vehicle does not have to comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle) in the circumstances set out in paragraph (6G) or (6H).

(6G) The first set of circumstances is where the vehicle is equipped in the manner described in article 3(2) of Community Directive 2007/38.

(6H) The second set of circumstances is where the vehicle cannot, for want of available, economically viable, technical solutions—

(a) comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle); or

(b) be equipped in the manner described in article 3(2) of Community Directive 2007/38,

but is equipped in the manner described in article 3(3) of Community Directive 2007/38.

(7) In this regulation—

(a) “devices for indirect vision” mean devices to observe the traffic area adjacent to the vehicle which cannot be observed by direct vision and may include conventional mirrors, camera-monitors or other devices able to present information about the indirect field of vision to the driver;

(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.

TABLE

(regulation 33(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; and

a 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; or

an agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which—

is a track-laying vehicle or

is a wheeled vehicle first used before 1st June 1978.

(a) If 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.

(b) In other cases, none, except as specified in paragraph (3).

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); or

a works truck.

(a) a bus; or

(b) a 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.

(a) a bus;

(b) a goods vehicle with a maximum gross weight—

(i) exceeding 3500 kg but not exceeding 7500 kg; or

(ii) exceeding 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.

(a) If 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.

(b) In other cases, none.

(i) At least one exterior mirror fitted on the offside of the vehicle; and

(ii) at least one interior mirror, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and

(iii) at least one exterior mirror fitted on the nearside of the vehicle unless an interior mirror gives the driver an adequate view to the rear.

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; or

a goods vehicle.

Section 34 Windscreen wipers and washers

(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.

Section 35 Speedometers

(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.

Section 36 Maintenance of speedometers

(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.

Section 36A Speed limiters

(1) Subject to paragraph (13), this regulation applies to every coach which—

(a) was first used on or after 1st April 1974 and before 1st January 1988; and

(b) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 112.65 km/h ; and a reference to this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraph (13), this regulation also applies to every bus which—

(a) is first used on or after 1st January 1988;

(b) has a maximum gross weight exceeding 7.5 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h ; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2A) Subject to paragraph (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2B) Subject to paragraph (13) , this regulation also applies to every bus which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight not exceeding 5 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2C) Subject to paragraph (13) , this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) was first used on or after 1st October 2001 and before 1st January 2005;

(b) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended by amendments up to and including those effected by Commission Directive 2001/27/EC;

(c) has a maximum gross weight not exceeding 10 tonnes; and

(d) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2C) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (5) to (9) are met as apply to that speed limiter.

(5) Subject to paragraph (10), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply; and

(b) be maintained in good and efficient working order.

(6) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle must be calibrated to a set speed not exceeding 112.65 km/h .

(7) Subject to paragraph (7A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle, a paragraph (2A) vehicle, a paragraph (2B) vehicle or a paragraph 2(C) vehicle, must be set so that the speed of the vehicle cannot exceed 100 km/h.

(7A) A speed limiter fitted to a paragraph (2) vehicle which—

(a) was first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes; or

(b) was first used before 1st October 2001 and has a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes;

may be set at a maximum speed of 100 km/h.

(8) Subject to paragraphs (11) and (12), the requirements of this paragraph are that a speed limiter fitted at any time to any paragraph (1) vehicle or a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council .

(9) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (8) applies) fitted to a paragraph (2) vehicle , a paragraph (2A) vehicle, a paragraph (2B) vehicle and a paragraph (2C) vehicle must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council .

(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Paragraph (5)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

(11) Paragraph (8) does not apply to a speed limiter fitted before 1st October 1988.

(12) Paragraph (8) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(13) This regulation does not apply to a vehicle—

(a) being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced; ...

(b) completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c) which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d) which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; ...

(e) while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of the Scottish Fire and Rescue Service , for ambulance purposes or police purposes ; or

(f) which is operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of moving Category A prisoners.

(14) In this regulation

“authorised sealer” has the meaning given in Schedule 3B;

“Category A prisoners” means that prison security category which is applied to prisoners whose escape would be highly dangerous to the public or the police or to the security of the state, no matter how unlikely that escape might be, and for whom the aim must be to make escape impossible;

“equivalent standard” means—

a standard or code of practice of a national standards body or equivalent body of any member State;

any international standard recognised for use as a standard by any member State; or

a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any member State, where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC);

“international transport operations” means transport operations outside the United Kingdom;

“national transport operations” means transport operations within the United Kingdom;

“Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS AU 217: Part 1: 1987 and which came into effect on 29th May 1987; as amended by Amendment Slip No.1 under the number AMD 5969 which was published and came into effect on 30th June 1988;

“set speed”, in relation to a calibrated speed limiter fitted to a vehicle, means the speed intended by the person who calibrated the speed limiter to be the mean speed of the vehicle when operating in a stabilised condition;

“speed limiter” means a device designed to limit the maximum speed of a motor vehicle by controlling the power output from the engine of the vehicle

...

“transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.

Section 36B

(1) Subject to paragraph (14) , this regulation applies to every motor vehicle , not being a motor vehicle to which paragraph (1B) applies, which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c) is first used on or after 1st August 1992 and before 1st January 2005 ; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1A) Subject to paragraph (14) , this regulation also applies to every motor vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(c) is first used on or after 1st January 2005; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1B) Subject to paragraph (14) , this regulation also applies to every motor vehicle, ... which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(c) was first used on or after 1st October 2001 and before 1st January 2005;

(d) complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC, as amended by amendments up to and including those effected by Commission Directive 2001/27/EC; and

(e) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90km/h;

and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (14) , this regulation also applies to every vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 12,000 kg;

(c) is first used on or after 1st January 1988; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h ; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment or against any interruption of its power supply; and

(b) be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle ... must be calibrated to a set speed not exceeding 60 mph.

(9) ... the requirements of this paragraph are that a speed limiter fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle or a paragraph (2) vehicle must be set so that the stabilised speed of the vehicle must not exceed 90 km/h.

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date ... must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council .

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle and a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24 as amended by Directive 2004/11/EC of the European Parliament and of the Council .

(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Paragraph (7)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

(a) which is being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b) which is completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c) is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d) is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e) while it is being 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 , ambulance or police purposes; ...

(f) at a time when it is being used on a public road during any calendar week if—

(i) it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii) it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994 ; or

(g) which is an emergency tactical response vehicle operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order within Her Majesty’s prisons or immigration detention centres.

(15) In this regulation

“equivalent standard”, “Part 1 of the British Standard”, ... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A;

“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC);

“international transport operations” means transport operations outside the United Kingdom;

“national transport operations” means transport operations within the United Kingdom;

... “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen

“set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and

... “set” in relation to a speed limiter fitted to a paragraph (1A) vehicle, a paragraph (1B) vehicle and a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly ;

“transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a) in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b) in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c) in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by Schedule 10 or 10B ) or in column (4) of the plate (where the plate is in the form required by Schedule 10A or 10C ).

Section 36C Speed limiters — authorised sealers

Schedule 3B (authorised sealers) shall have effect.

Section 37 Audible warning instruments

(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 .