(1) Unless the context otherwise requires, any reference in these Regulations–
(a) to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.
(b) to a numbered paragraph is to the paragraph bearing that number in the regulation or Schedule in which the reference occurs, and
(c) to a numbered or lettered sub-paragraph is to the sub-paragraph bearing that number in the paragraph in which the reference occurs.
(2) In these Regulations, unless the context otherwise requires, any expressions for which there is an entry in column 1 of the Table has the meaning given against it in column 2 or is to be construed in accordance with directions given against it in that column.
TABLE
A vehicle of any of the following descriptions–
a vehicle used for Scottish Fire and Rescue Service or, in England or Wales, fire and rescue authority ... or police purposes;
a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;
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), a vehicle used for Serious Organised Crime Agency purposes;
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, a vehicle used for Serious Organised Crime Agency purposes;
an ambulance, being a vehicle (other than an invalid carriage) which is constructed or adapted for the purposes of conveying sick, injured or disabled persons and which is used for such purposes;
a vehicle owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;
a vehicle owned by the Forestry Commission or by a local authority and used from time to time for the purposes of fighting fires;
a vehicle owned by the Natural Resources Body for Wales for the purposes of its functions relating to forestry and woodlands and used from time to time for the purposes of fighting fires;
a vehicle 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,
a vehicle owned or operated by the Secretary of State for Defence and used –
for the purposes of the disposal of bombs or explosives,
for the purposes of any activity—
which prevents or decreases the exposure of persons to radiation arising from a ... radiation emergency, or
in connection with an event which could lead to a ... radiation emergency; or
by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations or any other emergencies, ...
...
a vehicle primarily 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 1978 ;
a vehicle used by Her Majesty’s Coastguard or Coastguard Auxiliary Service for the purposes of giving aid to persons in danger or vessels indistress on or near the coast;
a vehicle ... used for the purposes of rescue operations at mines;
a vehicle owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats; ...
a vehicle primarily used for the purposes of conveying any human tissue for transplanting or similar purposes; ...
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 the 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 in section 93(4) of the Police Act 1997) ; and
a vehicle used for mountain rescue purposes .
In relation to a side of a vehicle, the vertical plane parallel with the longitudinal axis of the vehicle, and coinciding with its lateral outer edge, disregarding the projection of–
so much of the distortion of any tyre as is caused by the weight of the vehicle,
any connections for tyre pressure gauges,
any anti-skid devices which may be mounted on the wheels,
rear-view mirrors,
lamps and reflectors,
customs seals affixed to the vehicle, and devices for securing and protecting such seals, and
special equipment.
Either–
an automatic headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp is automatically maintained regardless of the load on the vehicle, or
a manual headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp may be adjusted by a manual control operable from the driving seat of the vehicle.
The expression, in relation to a headlamp, front fog lamp and reversing lamp, in each case fitted with a reflector, means the orthogonal projection of the full aperture of the reflector on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which the lamp is fitted. If the light-emitting surface extends over only part of the full aperture of the reflector, then the projection of only that part shall be taken into account. In the case of a dipped-beam headlamp, the illuminated area is limited by the apparent trace of the cut-off on the lens.
The expression, in relation to any other lamp, means the part of the orthogonal projection of the light-emitting surface on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which it is fitted, the boundary of which is such that if the straight edge of an opaque screen touches it at any point 98 per cent of the total intensity of the light is shown in the direction parallel to the longitudinal axis of the vehicle. Accordingly, for the purposes of determining the lower, upper and lateral edges of the lamp, only a screen placed with its straight edge horizontally or vertically needs to be considered.
The requirements specified in—
paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and
paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is mandatory.
In relation to lamps, a pair of lamps in respect of which–
both lamps emit light of substantially the same colour and intensity, and
both lamps are of the same size and of such a shape that they are symmetrical to one another.
The expression means–
in relation to a lamp fitted to a vehicle, the shortest distance from the boundary of the illuminated area to an extreme outer edge of the vehicle, and
in relation to a retro reflector fitted to a vehicle, the shortest distance from the boundary of the reflecting area to an extreme outer edge of the vehicle.
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 requirements specified in—
paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and
paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is optional.
In relation to lamps, reflectors or rear markings means a pair of lamps, reflectors or rear markings, including a matched pair, one on each side of the vehicle, in respect of which the following conditions are met–
each lamp, reflector or rear marking is at the same height above the ground, and
each lamp, reflector or rear marking is at the same distance from the extreme outer edge of the vehicle.
In the case of an asymmetric vehicle, those conditions shall be deemed to be met if they are as near as practicable to being met.
In relation to a retro reflector fitted to a vehicle, the area of the orthogonal projection on a vertical plane (touching the surface of the reflector)–
at right angles to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a front or a rear retro reflector, and
parallel to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a side retro reflector.
(3) Material designed primarily to reflect light is, when reflecting light, to be treated for the purposes of these Regulations as showing a light, and material capable of reflecting an image is not, when reflecting the image of a light, to be so treated.
(4) In these Regulations a reference to one lamp, except in the case of a dipped-beam headlamp, a main-beam headlamp and a front fog lamp, includes any combination of two or more lamps, whether identical or not, having the same function and emitting light of the same colour, if it comprises devices the aggregate illuminated area of which occupies 60 per cent or more of the area of the smallest rectangle circumscribing those illuminated areas.
(5) In these Regulations a reference to two lamps includes–
(a) a single illuminated area which–
(i) is placed symmetrically in relation to the longitudinal axis of the vehicle,
(ii) extends on both sides to within 400 mm of the extreme outer edge of the vehicle,
(iii) is not less than 800 mm long, and
(iv) is illuminated by not less than two sources of light, and
(b) any number of illuminated areas which–
(i) are juxtaposed,
(ii) if on the same transverse plane have illuminated areas which occupy not less than 60 per cent of the area of the smallest rectangle circumscribing their illuminated areas,
(iii) are placed symmetrically in relation to the median longitudinal plane of the vehicle,
(iv) extend on both sides to within 400 mm of the extreme outer edge of the vehicle,
(v) do not have a total length of less than 800 mm, and
(vi) are illuminated by not less than two sources of light.
(6) Where a part fitted to a vehicle is required by these Regulations to be marked with a British Standard mark, the requirements shall not be regarded as met unless, in addition to being marked as required, the part complied with the relevant British Standard at the time when the part was first fitted to the vehicle.
(7) A reference in these Regulations to the number of wheels of a vehicle shall be construed in accordance with regulation 3 of the Construction and Use Regulations.
(8) A reference in a Schedule to there being no requirement in relation to a lamp, reflector, rear marking or device is without prejudice to any other provision in these Regulations affecting same.
(9) In these Regulations, a reference to “ ECE Regulation” followed by a number is a reference to the regulation of the same number annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicle Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for reciprocal recognition of approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5th October 1995.
(10) In these Regulations, a reference to ECE Regulation 48 is to that Regulation as amended by the 03 series of amendments (as in force on 12th June 2007) with the following modifications—
(a) footnote 6 is omitted;
(b) paragraph 6.21.4.1.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.1.2. above, the cumulative length may be reduced to 60 per cent.”;
(c) paragraph 6.21.4.2.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.2.2. above, the cumulative length may be reduced to 60 per cent.”;
(d) footnote 10 is omitted;
(e) in paragraph 6.21.7.3. the reference to a “mandatory stop lamp” is deemed to be a reference to an obligatory stop lamp;
(f) in paragraph 6.21.7.4. the words “at the discretion of the manufacturer” are omitted; and
(g) paragraph 6.21 is deemed to contain the following paragraph inserted after paragraph 6.21.7.5.—
6.21.7.6. No conspicuity marking may be fitted unless it bears the international approval mark referred to in paragraph 5.4. of ECE Regulation 104 (as in force on 11th July 2008).