These Regulations may be cited as the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 and shall come into force on 8th August 2003.
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The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003
(1) In these Regulations—
“ Directive 92/61/EEC ” means Council Directive 92/61/ EEC relating to the type-approval of two or three-wheel motor vehicles as amended by Directive 2000/7/ EC of the European Parliament and of the Council ;
“ Directive 93/34/EEC ” means Council Directive 93/34/EEC on statutory markings for two or three-wheel motor vehicles as amended by Commission Directive 1999/25/EC ;
“ Directive 2002/24/EC ” means Directive 2002/24/EC of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EC ;
“the 1988 Act ” means the Road Traffic Act 1988;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 ;
“appeal” means an appeal under section 60 of the 1988 Act in respect of the determination of an application;
“application” means an application (whether an original application or a further application) under regulation 5 of these Regulations for the issue of a Minister’s approval certificate under section 58 of the 1988 Act;
“approval requirements” means the requirements as to the design, construction, equipment and marking of vehicles prescribed for the purpose of section 54 of the 1988 Act by regulation 4(1) of these Regulations;
“axle weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations ;
“conformity certificate” means—
a type approval certificate issued pursuant to Directive 92/61/EEC or Directive 2002/24/EC;
a communication issued pursuant to an ECE Regulation, or under the law of any State in which that Regulation has effect, indicating that a vehicle or part of a vehicle conforms to that Regulation; or
an EC certificate of conformity;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“cm 3 ” means cubic centimetres;
“diesel moped” means a three-wheel vehicle fitted with an internal combustion engine other than of the spark (positive) ignition type the maximum net power output of which does not exceed 4 kW being a moped within the meaning of the second indent of Article 1.2(a)(ii) of Directive 2002/24/EC;
“driver” includes the rider and controller of a vehicle and “drive ” shall be construed accordingly;
“electric moped” means a vehicle fitted with an electric motor being a moped within the meaning of the second indent of Article 1.2(a)(i) or the third indent of Article 1.2(a)(ii) of Directive 2002/24/EC;
“examination” means an examination for the purposes of an application or a re-examination for the purposes of an appeal and “examiner” means the person carrying out an examination;
“48 km/h moped” means a vehicle which—
has a maximum design speed not exceeding 48 km/h and would be a moped within the meaning of the first indent of Article 1.2 of Directive 92/61/EEC save that it has a maximum design speed exceeding 45 km/h; and
is manufactured before these Regulations come into force;
“further application” means an application made in accordance with regulation 5(6) of these Regulations;
“gross weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations;
“km/h” means kilometres per hour;
“kW” means kilowatts;
“the Lighting Regulations ” means the Road Vehicles Lighting Regulations 1989 ;
“ mm ” means millimetres;
“original application” means an application made in accordance with regulation 5(1) to (3) of these Regulations, not being a further application;
“part”, in relation to a vehicle, includes a system, a separate technical unit and a component;
“relevant vehicle” means a vehicle to which these Regulations apply by virtue of regulation 3;
“Schedule 1 vehicle” means a vehicle falling within Schedule 1;
“system” means a system as defined in Article 2.4 of Directive 2002/24/EC; and
“350kg quadricycle” means a vehicle within the meaning of Article 1.3(a) of Directive 2002/24/EC the unladen mass of which is—
in the case of an electric vehicle, 350 kilogrammes excluding the mass of its batteries; and
in the case of any other vehicle, 350 kilogrammes.
(2) Other expressions used in these Regulations which are also used in Directive 92/61/EEC shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
(3) A reference in Schedule 2 to these Regulations to a Community Directive as amended by another Directive is a reference to that Directive as amended by that other Directive and by Community instruments dated prior to the date of that other Directive.
(4) A reference in any provision of these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.
(5) Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations other than item 6 of Schedule 2 as they apply for the purposes of the Construction and Use Regulations other than regulations 26 and 27.
(6) For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it was first assembled on or after that date, even if it included one or more parts which were manufactured before that date.
(7) In these Regulations “ECE Regulation” means a Regulation 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 20th March 1958 as amended to which the United Kingdom is a party and—
(a) a reference to an ECE Regulation followed by a two or three digit number which is not itself followed by a two digit number (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which follows that reference;
(b) a reference to an ECE Regulation followed by a two or three digit number which is itself followed by a full-stop and a two digit number (for example “ ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of the first number as amended by the amending series represented by the second number.
(1) Subject to paragraph (2) these Regulations apply to diesel mopeds, electric mopeds, 48 km/h mopeds, mopeds, motor cycles, motor tricycles, quadricycles and 350kg quadricycles.
(2) These Regulations do not apply to—
(a) any diesel moped, electric moped or 350kg quadricycle which is manufactured before 9th November 2003;
(b) any 48 km/h moped; or
(c) vehicles of a description referred to in the second paragraph of Article 1(1) of Directive 2002/24/EC as being those to which the Directive does not apply.
(1) Subject to the following provisions of this regulation, the approval requirements applicable to a relevant vehicle are the requirements set out or referred to in column 3 of the Table in Schedule 2.
(2) The requirements set out or referred to in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.
(3) An entry in column 4 of an item in the Table in Schedule 2 shall have effect for the purpose of interpreting or otherwise supplementing the entries in that item and, for convenience, expressions that are defined in that column are printed in bold type.
(4) Where in relation to an item in the Table in Schedule 2 two or more instruments or other documents are specified in column 3 as alternatives (being instruments or documents containing substantially similar requirements) the requirements prescribed by paragraph (1) shall be the requirements contained in either or any of those instruments or documents.
(5) Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and none to any Directive amending that Directive and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—
(a) the base Directive has, before the date these Regulations come into force, been amended by another Directive (“an amending Directive”); and
(b) the vehicle would comply with that item were there substituted for that reference a reference to the base Directive as amended by an amending Directive.
(6) Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and to a Directive amending that Directive (“ an amending Directive”) and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—
(a) the base Directive has, before the date these Regulations come into force, been amended by a Directive subsequent to the amending Directive (“a subsequent amending Directive”); and
(b) the vehicle would comply with that item were there substituted for that reference a reference to the base Directive as amended by any subsequent amending Directive.
(7) Where an item in the Table in Schedule 2 contains a reference to an ECE Regulation (“the base Regulation”) followed by a single two or three digit number and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—
(a) the base Regulation has, before the date these Regulations come into force, been amended by an amending series represented by a two digit number (“ an amending series”); and
(b) the vehicle would comply with that item were there substituted for that reference a reference to the base Regulation as amended by an amending series.
(8) Where an item in the Table in Schedule 2 contains a reference to an ECE Regulation of a two or three digit number (“the base Regulation”) as amended by an amending series represented by a second number of two digits (“the first mentioned amending series”) and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if—
(a) the base Regulation has, before the date these Regulations come into force, been amended by an amending series subsequent to the first mentioned amending series (“a subsequent amending series”); and
(b) the vehicle would comply with that item were there substituted for that reference a reference to the base Regulation as amended by any subsequent amending series.
(9) A relevant vehicle which meets the technical requirements for permanent registration in another EEA State shall be treated as if it complies with the approval requirements except to the extent that, following an assessment of documentation provided by the applicant in connection with the application where such is provided, the Secretary of State is unable to establish that the vehicle satisfies standards equivalent to the approval requirements.
(10) Where a conformity certificate has been issued in relation to a part, but not the whole, of a relevant vehicle, that part shall be treated as complying with the approval requirements which would otherwise be applicable to it as part of the vehicle.
(1) An application for the issue of a Minister’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Secretary of State.
(2) The application shall be in a form which—
(a) has been approved by the Secretary of State; and
(b) has been duly completed so as to furnish all the information required by that form.
(3) The application shall be accompanied by—
(a) the documents mentioned in the form as being required in connection with the application; and
(b) the prescribed fee .
(4) As soon as reasonably practicable after he receives the application, the Secretary of State shall send to the applicant a notice stating the time when and the place where an examination for the purposes of the application is to be carried out.
(5) The Secretary of State may by notice to the applicant alter the time when or the place where the examination is to be carried out but he shall not alter the time to an earlier time without the consent of the applicant.
(6) Where an original application is refused, other than by virtue of regulation 9 or on the grounds that the vehicle is not a relevant vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to paragraphs (1) to (3) if—
(a) it is made, whether orally or in writing, to the Secretary of State during the period of six months beginning with the date on which the original application was refused; and
(b) at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application during that period of six months and at the place where the examination took place for the purposes of the original application.
(7) Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6) and in the case of such an application—
(a) the Secretary of State shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out;
(b) the Secretary of State may alter the time when or the place where the examination is to be carried out but he shall not alter the time to an earlier time without the consent of the applicant;
(c) if the Secretary of State so alters the time or place, he shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out; and
(d) the applicant shall pay the prescribed fee to the Secretary of State before the examination is carried out.
(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
(1) Subject to paragraph (2) when an application is made for a Minister’s approval certificate in accordance with paragraphs (1) to (3) of regulation 5 the Secretary of State shall assign a vehicle identification number to the vehicle to which the application relates where it appears to him that—
(a) the vehicle does not have a vehicle identification number which—
(i) complies with paragraph 3.1.1 of the Annex to Directive 93/34/EC ; or
(ii) has been previously assigned to the vehicle under this regulation; or
(b) the vehicle does not fall within sub-paragraph (a) but has a vehicle identification number which is inadequate for the purpose of enabling it to be identified.
(2) Paragraph (1) shall not apply where the vehicle identification number of a vehicle does not correspond with the frame number or chassis number, as appropriate, of that vehicle.
(1) Subject to paragraph (2) where an application is made pursuant to regulation 5 the Secretary of State shall determine the axle weight and the gross weight which in his opinion should not be exceeded in respect of the vehicle in accordance with the criteria specified in paragraph (3) and these weights shall be the design weights for the purposes of section 54(2) of the 1988 Act.
(2) Paragraph (1) shall not apply to any vehicle in respect of which an application is made under regulation 5 for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
(3) The criteria referred to in sub-paragraph (1) are—
(a) the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;
(b) any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and
(c) any information obtained from an examination of a vehicle of that type or a similar type with a view to ascertaining whether at the time of the examination, it complied with any requirement prescribed under section 54 of the 1988 Act and applicable to it.
(1) An appeal by a person aggrieved by a determination made by the Secretary of State pursuant to an application under regulation 5 shall be made by including with the documents submitted a form which—
(a) has been provided by the Secretary of State; and
(b) has been completed so as to include a description of the grounds upon which the appeal is made and such other information as may be reasonably required by that form.
(2) The appeal shall be accompanied by the prescribed fee .
(3) The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.
(4) As soon as reasonably practicable after the date of the receipt of the appeal the Secretary of State shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.
(5) The Secretary of State may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
(1) The Secretary of State may refuse an application or appeal even though an examination has not been carried out if—
(a) the vehicle is not submitted for examination at the time and place fixed under these Regulations for the examination;
(b) the fee in respect of the examination is not paid at or before the time fixed under these Regulations for the examination;
(c) the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven or the engine run and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven or for the engine to be run to such extent as may be necessary for the purposes of carrying out the examination;
(d) when the vehicle is submitted for the examination, the vehicle or any item which forms part of the vehicle or its equipment is so dirty or dangerous as to make it unreasonable for the examination to be carried out;
(e) any things which are on the vehicle when it is submitted for the examination, and are not part of its equipment or accessories, are required by the examiner to be removed from the vehicle or to be secured in such manner as he may think necessary and those things are not removed or secured accordingly;
(f) when the vehicle is submitted for the examination, a proper examination cannot be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot readily be opened;
(g) when the vehicle is submitted for the examination, its condition is such that, in the opinion of the examiner, a proper examination of the vehicle would involve a danger of—
(i) injury to any person, or
(ii) damage to the vehicle or any other property;
(h) when the vehicle is submitted for examination, there is not permanently fixed to the frame, chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible, a vehicle identification number which—
(i) complies with paragraph 3.1.1 of the Annex to Directive 93/34/EC and corresponds with the frame number or chassis number, as appropriate, of the vehicle;
(ii) has been assigned to the vehicle under regulation 6(1); or
(iii) does not fall within sub-paragraph (i) or (ii) but appears to the Secretary of State to be adequate for the purpose of enabling the vehicle to be identified; or
(i) the person who is the driver of the vehicle at the time it is submitted for the examination is requested to remain on or in it or in its vicinity throughout the examination, to drive it, to operate its controls or to remove and refit its panels and he declines to do so.
(2) Nothing in this regulation shall affect any power of the Secretary of State to refuse an application or to reject an appeal otherwise than under this regulation.
(1) Where a Minister’s approval certificate is issued under section 58 of the 1988 Act on the basis that the vehicle complies with the approval requirements by virtue of these Regulations, the certificate shall be in such form as the Secretary of State may determine and shall include the relevant particulars set out in paragraph (2).
(2) The relevant particulars are—
(a) the identification number of the vehicle or its chassis number or frame number;
(b) the make, model, seating capacity, defect identification code, seat belt identification code, design weight and power to weight ratio of the vehicle;
(c) the fuel type of the vehicle;
(d) the location of the place at which, and the date upon which, examination of the vehicle took place; and
(e) the serial number of the certificate.
(1) If a Minister’s approval certificate has been lost or defaced, an application for issue of a replacement for the original certificate may be made, either orally or in writing, to the Secretary of State at the place from which the original certificate was issued.
(2) The application shall—
(a) specify the identification number of the vehicle in respect of which the original certificate was issued; and
(b) be accompanied by the prescribed fee .
(3) As soon as reasonably practicable after he receives the application and fee, the Secretary of State shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked “replacement”.
Every notice under these Regulations shall be in writing and may be given by post.
(1) For the purposes of section 63(1) of the 1988 Act—
(a) relevant vehicles other than an excepted vehicle are vehicles of the prescribed class;
(b) the approval requirements are the prescribed type approval requirements; and
(c) the appointed day is 8th August 2003.
(2) In this regulation “excepted vehicle” means a vehicle—
(a) which is registered;
(b) the date of manufacture of which is such that more than ten years have elapsed since it was manufactured; or
(c) in relation to which the requirements set out in paragraph (3) are met.
(3) The requirements referred to in paragraph (2)(c) are that—
(a) the person by whom the vehicle is kept is a member of a visiting force or a member of the civilian component of a visiting force;
(b) the vehicle has been imported into the European Economic Area for the personal use of the keeper or of his dependants;
(c) there is not in force with respect to the vehicle—
(i) an EC certificate of conformity;
(ii) a Minister’s approval certificate issued in pursuance of these Regulations;
(iii) a Department’s approval certificate issued under Article 31A(4) or (5) of the Road Traffic (Northern Ireland) Order 1981 ; and
(d) not more than one other vehicle which meets the requirements of sub-paragraphs (b) and (c) is kept in the United Kingdom by the keeper.
(4) The use of a relevant vehicle other than an excepted vehicle is exempted from section 63(1) of the 1988 Act if such use is—
(a) for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;
(b) for the purpose of bringing it away, before it is so registered, from such an examination;
(c) by an examiner, or a person carrying out such an examination under his direction, for the purpose of—
(i) taking it to, or bringing it away from, a place where a part of the examination is to be, or has been carried out, or
(ii) carrying out a part of the examination, or
(iii) warming up its engine in preparation for the examination, before it is so registered;
(d) where an application under regulation 5 is refused following such an examination, for the purpose of—
(i) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or
(ii) bringing it away from a place where relevant work has been done on it before it is so registered.
(5) In this regulation—
“member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952 ; and
“relevant work” means work done or to be done to remedy the defects on the grounds of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).
Where application is made for a licence under the 1994 Act for a vehicle of a class which by virtue of regulation 13(1)(a) is a prescribed class for the purposes of section 63(1) of the 1988 Act, the licence shall not be granted unless on the first application after the day appointed by regulation 13(1)(c) for a licence for that vehicle, there is produced evidence that there are one or more certificates in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.
A Schedule 1 vehicle is a relevant vehicle which is an amateur built vehicle within the meaning of paragraph 2, a rebuilt vehicle within the meaning of paragraph 3 or a vehicle manufactured using parts of a registered vehicle within the meaning of paragraph 4.
(1) A vehicle is an amateur built vehicle if—
(a) it was constructed or assembled for the personal use of a relevant individual; and
(b) the construction or assembly or a substantial part of the construction or assembly was carried out by—
(i) the individual referred to in paragraph (a),
(ii) one or more relevant individuals acting on his behalf and under his direction, or
(iii) the individual referred to in paragraph (a) and one or more relevant individuals acting on his behalf and under his direction.
(2) For the purposes of this paragraph, a reference to a relevant individual, in relation to a motor vehicle, is a reference to an individual who did not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed or assembled.
A vehicle is a rebuilt vehicle if it—
(a) is a vehicle to which the Secretary of State is required by regulation 6 to assign a vehicle identification number;
(b) is not an amateur built vehicle within the meaning of paragraph 2 or a vehicle manufactured using parts of a registered vehicle within the meaning of paragraph 4; and
(c) has been rebuilt using a replacement chassis, or an integral chassis body, which is of the same design and construction as that of the original vehicle and which—
(i) was supplied for the purpose without having been previously used, or
(ii) previously formed part of a registered vehicle.
A vehicle is a vehicle manufactured using parts of a registered vehicle if it is—
(a) constructed or assembled by a person carrying on a business in the course of which motor vehicles are normally constructed or assembled;
(b) equipped with an engine which has previously been used as the engine of another vehicle which had been registered under the 1994 Act or any earlier Act relating to the registration of mechanically propelled vehicles; and
(c) equipped with one or more of the following components taken from the same vehicle as from which the engine was taken—
(i) chassis or frame;
(ii) body;
(iii) suspension;
(iv) a braked axle with more than one wheel;
(v) transmission; or
(vi) steering assembly.
The vehicle shall be fitted with one or more wipers which when switched on operate automatically to clear the windscreen of water so that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet weather.
The vehicle shall be equipped with a system for removing frost and ice from the glazed surfaces of the windscreen which shall be sufficiently effective to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle in cold weather.
Every tyre, other than a re-treaded tyre, fitted to the vehicle shall bear an approval mark in accordance with the requirements of paragraph 3 of Annex II to Council Directive 92/23/EEC of 31st March 1992 relating to tyres for motor vehicles and their trailers and to their fitting , Chapter 1 of Directive 97/24/EC or ECE Regulation 30.02 , 54 or 75 .
All aspects of the design and construction of the vehicle and its equipment which are not covered by other items of this Schedule, shall be such that no danger is caused or likely to be caused to any person in the vehicle or on a road.
The vehicle shall be fitted with an exhaust system including a silencer such that the exhaust gases shall not escape into the atmosphere without first passing through the silencer.
The vehicle shall be fitted with an anti-theft device intended to prevent the unauthorised use of the vehicle.
The vehicle shall be fitted with a stand which is firmly attached to the vehicle and is able to support it in such a way as to provide lateral stability when left unattended.
The vehicle shall not be fitted with any mascot, emblem or other ornamental object unless it complies with the requirements of item 6 in Annex I to Directive 74/483/EEC , Chapter 3 of Directive 97/24/EC or ECE Regulation 26.02 .
The exterior of all types of vehicle shall not incorporate any pointed, sharp or protruding parts, pointing outwards, of such a shape, dimension, angle of direction or hardness that it increases the risk or seriousness of body lesions suffered by any person that is in collision or is grazed by the vehicle in the event of an accident.
The vehicle shall be fitted with at least one offside and one nearside exterior rear view mirror both of which must meet the adjustment requirements and the vibration requirements .
The vehicle shall be fitted with at least one offside exterior mirror which meets the adjustment requirements , the rear view requirements , and the vibration requirements .
The vehicle shall comply with Annexes II to VI to Directive 93/92/EEC .
Every adult belt fitted to the vehicle, not being a harness belt , shall comply with the requirements of regulation 47(7) of the Construction and Use Regulations to the extent (if any) that it would apply were the said paragraph (7) to apply to all motor vehicles.
The vehicle shall comply with the requirements of paragraph 3(1), (3) and (4) of Annex I of Chapter 11 to Directive 97/24/EC .
The vehicle shall be fitted with, a harness belt or a three point belt for the driver’s seat and any outboard seats.
The vehicle shall not emit any avoidable smoke or avoidable visible vapour.
The vehicle shall comply with the requirements of paragraph 2.1 and 2.2 of the Annex to Directive 93/14/EEC .
The wiper or wipers shall have at least one operating frequency at which it or they shall operate continuously at no less than 40 cycles per minute.
The vehicle shall be equipped with a system for removing mist from the interior glazed surface of the windscreen which shall be sufficiently effective to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet and humid weather.
Every re-treaded tyre fitted to the vehicle shall bear a mark in accordance with paragraph 6 of BS AU 144e: 1988 , ECE Regulation 108 or 109 or a corresponding standard and the indication given by the mark must not be false in a material particular.
In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road including, where appropriate, when loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight—
(a) it shall be possible to control the vehicle safely, taking account of the vehicle’s speed and acceleration capabilities;
(b) it shall at all times be possible for the driver, while controlling the vehicle, to have a full view of the road and traffic ahead of the vehicle;
(c) the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts shall be sufficient under all conditions of suspension travel and steered wheel angles to ensure no risk of fouling and the wheels and wheel fixings shall be compatible;
(d) the vehicle structure (frame, chassis or integral chassis-body), shall be so designed and constructed as to withstand the forces and vibration to which it is likely to be subject;
(e) all entries and exits provided for the vehicle occupants (other than doors) shall be so designed as to allow easy and safe use;
(f) all aperture covers (other than doors) including tail gates, boot and bonnet lids, shall be capable of being securely latched in the fully closed position;
(g) the steering, suspension, axles and wheels shall be so designed, constructed and fitted as to withstand the forces and vibration to which they are likely to be subject;
(h) the fuel system, including the fuel tank, shall be—
(i) designed, constructed and fitted so as to withstand the forces, vibration and corrosive environment to which it is likely to be subject;
(ii) fitted so as to avoid the risk of damage, such as abrasion, due to fouling of other parts, and to minimise the risk of fire in the event of any leakage of fuel;
(i) the fuel tank shall be—
(i) constructed so that the leakage from it of any liquid or vapour is adequately prevented;
(ii) made from materials the thermal, mechanical and chemical behaviour or characteristics of which are appropriate for its conditions of use;
(iii) fixed in such a position as to be reasonably secure from potential damage;
(j) the components of the electrical system including the battery, electrical components and wires, shall—
(i) be securely attached to the vehicle;
(ii) be so constructed and fitted as to minimise the risk of corrosion and fire;
(k) the wires of the electrical system shall be—
(i) attached in such manner that the maximum distance between attachments thereof, except those contained within hollow components, shall be 300 mm; and
(ii) so fitted and protected as to avoid the risk of damage to insulation, such as abrasion.
The silencer so fitted shall be indelibly marked with either:
the manufacturers trade name or mark;
the component approval mark (EEC) approval number prefixed by an “e ”;
the component approval mark (ECE) number prefixed by an “E”; or
the British Standard classification BS AU 193/T2, BS AU 193a 1990/T2 or BS AU 193a 1990/T3.
The anti-theft device fitted to the vehicle must be such that—
(a) it does not act on any part of the braking system; and
(b) when the vehicle is set in motion and the engine is running there is no likelihood of accidental jamming which could, in particular, constitute a safety hazard.
If the stand fitted to the vehicle is a prop stand that stand must swing back automatically into the retracted or travelling position when the vehicle is returned to the vertical position for being driven or when the vehicle is moved forward by the driver following first contact of the stand with the ground.
The radius of curvature of all hard parts on or protruding from the external surface of the vehicle and which can be contacted by a sphere with a diameter of 100 mm, shall be not less than 2.5 mm.
External projections covered by this examination are considered to meet the requirements of paragraph 1 if they are made from, or covered with, a material having a hardness of less than 60 Shore A.
Where a single outside mirror is fitted this shall be on the right hand side of the vehicle.
The vehicle shall be fitted with at least one interior mirror which meets the adjustment requirements , the rear view requirements and the vibration requirements unless no interior mirror could provide any view to the rear.
Where a relevant vehicle is fitted with a gas discharge headlamp system —
(a) that system shall comply with ECE Regulation 98 ;
(b) its light sources shall comply with ECE Regulation 99 ; and
(c) its installation shall be in accordance with ECE Regulation 48.01 .
If the vehicle is fitted with one or more harness belts , every such belt shall—
(a) bear a mark as described in regulation 47(4)(c)(ii) of the Construction and Use Regulations; or
(b) meet the requirements referred to in regulation 47(4)(c)(iv) of those Regulations.
To the extent (if any) that compliance with the requirements referred to in paragraph 1 does not ensure that every adult belt or disabled person’s belt , or any part of either such belt, fitted to the vehicle is held securely the vehicle shall be fitted with suitable anchorages in every position to ensure that they are so held.
The vehicle shall be fitted with an appropriate belt for every forward-facing seat alongside the driver’s seat other than any outboard seats.
Cite this legislation
The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2003-1959
Contains public sector information licensed under the Open Government Licence v3.0.
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