The Motor Vehicles (Approval) (Amendment) Regulations 2004

• Citation: S.I. 2004/623
• Sections: 92

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Approval)(Amendment) Regulations 2004 and shall come into force on 1st April 2004.

Section 2 Preliminary

The Motor Vehicles (Approval) Regulations shall have effect with the following amendments.

Section 3 Amendment of Regulation 3 (Interpretation)

(1) Regulation 3(1) shall be amended as follows.

(2) In the appropriate alphabetical position insert the following definitions—

“category” has the same meaning as in Annex IIA of the 1970 Directive;

“disabled person” means a person who has a disability (as defined in section 1 of the Disability Discrimination Act 1995 );

“disabled person’s vehicle” means a vehicle which is adapted or constructed so as to enable a disabled person to travel in it, whether as the driver or as a passenger, in safety and reasonable comfort;

Section 4 Amendment of Regulation 5 (Approval requirements for relevant vehicles)

(1) Regulation 5 shall be amended as follows.

(2) For paragraph (2) there shall be substituted the following paragraph—

(2) The items in Schedule 3 numbered 3, 4, 10 and 13 shall not apply to relevant vehicles which are not Schedule 2 vehicles, except that item 10 shall apply to disabled person’s vehicles and vehicles that have been adapted to category M1.

(3) For paragraph (8) there shall be substituted the following paragraph—

(8) A relevant vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act if at least one of the following three conditions are satisfied in relation to each applicable subject matter mentioned in Schedule 3 or 4—

(a) the vehicle complies with the requirements set out in paragraph (1);

(b) the requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations or by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements;

(c) the vehicle has been issued with a Department’s approval certificate issued in accordance with Article 31A (4) or (5) of the Road Traffic (Northern Ireland) Order 1981 .

(4) After paragraph (8) there shall be inserted the following paragraph—

(8A) A relevant vehicle which meets the technical requirements for permanent registration in another EEA State shall be treated as complying with all the requirements prescribed under section 54 of the 1988 Act, except to the extent that following an assessment of documentation where such is provided, the Secretary of State is unable to establish that the vehicle satisfies standards equivalent to those prescribed in relation to each applicable subject matter mentioned in Schedule 3 or 4.

Section 5 Amendment of Regulation 6 (Application for Minister’s approval certificate)

(1) Regulation 6 shall be amended as follows.

(2) In paragraph (1) for the second word “for” there shall be substituted the word “of”.

(3) For sub-paragraph 6 (b)(ii) there shall be substituted the following sub-paragraph—

(ii) in the case of a Schedule 2 vehicle (other than a left hand drive vehicle or a personally imported vehicle) and a disabled person’s vehicle, at the place where the examination took place for the purposes of the original application.

Section 6 Amendment of Regulation 11 (form of certificate)

For the Table in regulation 11, there shall be substituted the following Table.

TABLE

Section 7 Amendment of Schedule 2

(1) Schedule 2 shall be amended as follows.

(2) Sub-paragraph 1(f) shall be deleted.

(3) After sub-paragraph 2(1) there shall be inserted the following sub-paragraph—

(1A) A vehicle may also be treated for the purposes of these regulations as a personally imported vehicle if—

(a) a person, who is a serving member of the Armed Forces, intends to import it into the United Kingdom within 12 months of the date of application for a Minister’s approval certificate;

(b) that person, at the time of that application, has been normally resident in a country other than the United Kingdom for a continuous period of at least 12 months; and

(c) paragraphs (c) to (e) of sub-paragraph 2(1) apply to that person.

(4) After sub-paragraph 2(5) there shall be inserted the following definition—

(6) In this paragraph—

“serving member of the Armed Forces” means a person who is employed by Her Majesty’s air forces, Her Majesty’s military forces or Her Majesty’s naval forces; except that a serving member of any of the reserve forces shall not be included within this definition.

(5) Paragraph 6 shall be deleted.

Section 8 Amendment of Schedule 3

For the Table in Schedule 3, there shall be substituted the Table set out in Schedule 1 of these Regulations.

Section 9 Amendment of Schedule 4

For the Table in Schedule 4, there shall be substituted the Table set out in Schedule 2 of these Regulations.

Section 10 Amendment of Schedule 5

For the certificate in Schedule 5, there shall be substituted the certificate set out in Schedule 3 of these Regulations.

Section 11 Amendment of Schedule 6

(1) In part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 3 shall be inserted the entries specified below.

(a) In the reference to Seat belts in column (1), after the last entry—

(b) In the reference to Tyres in column (1), after the entry of the Principal Directive—

(c) In the reference to Interior fittings in column (1), after the last entry—

(2) In Part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 4 shall be inserted the entries specified below.

(a) In the reference to Exhaust emissions in column (1), after the last entry—

(b) In the reference to Seat belts in column (1), after the last entry—

(c) In the reference to Noise and silencers in column (1), after the last entry—

(d) In the reference to Carbon dioxide emissions and fuel consumption in column (1), after the last entry—

(e) In the reference to Frontal impact in column (1), after the entry of the Principal Directive—

(3) In Part III of Schedule 6, in the third and fourth columns of the Table, for the references to ECE regulation in Schedule 4, shall be inserted the entry specified below.

(a) In the reference to Exhaust emissions, after the last entry—

Section 1

All doors, provided on the vehicle for the entry and exit of occupants, shall be designed so as to allow easy and safe use. Doors fitted to the side of a vehicle shall have both intermediate and fully latched positions. However, latching in an intermediate position is not required if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) below. Door latches shall be designed to prevent the doors from opening accidentally.

Section 1

No part of the steering control surface directed towards the driver which can be contacted by a sphere of 165mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5mm.

Section 1

The vehicle shall not emit any avoidable smoke or avoidable visible vapour.

Section 1

The vehicle shall be fitted with at least one offside exterior mirror which meets—

(a) if the vehicle is right hand drive or has a central driving position, the adjustment, rear view , and vibration requirements ; or

(b) if the vehicle is left hand drive, the rear view , and vibration requirements .

Section 1

The vehicle shall be fitted with some form of anti-theft device, that is to say, a mechanical, electrical or electronic immobiliser or a combination of these (in addition to any key operated switch normally used to start the engine) that prevents the vehicle being driven or moved under its own power.

Section 1

Every adult belt fitted to the vehicle, not being a harness belt or a passive belt , shall comply with the requirements of regulation 47(7) of Construction and Use Regulations to the extent (if any) that it would apply were the said paragraph 7 to apply to all motor vehicles.

Section 1

The vehicle shall comply with the requirements of paragraph 4.3 of Annex I to Directive 76/115/EEC . For outboard seating positions other than in the front, two lower anchorages are allowed.

Section 1

The vehicle shall be fitted with, a harness belt , a passive belt or a three-point belt for the driver’s seat and the specified passenger seat (if any).

Section 1

The vehicle shall comply with the requirements of paragraph 2.1 and 2.2 of Annex 1 of Directive 71/320/EEC as last amended by Directive 85/647/EEC ; but in the application of that Annex (as so amended) for these purposes—

(a) the second sentence of paragraph 2.2.1.2.4 shall not apply;

(b) paragraph 2.2.1.4.2 shall not apply in relation to a vehicle which is fitted with a braking device having a split-circuit transmission which enables braking of not less than one wheel on each side of the vehicle, in the event of failure in a part of the transmission of the service braking ; and

(c) paragraph 2.2.1.5.1 shall apply as if for the last sentence there were substituted the words “This condition must be met by automatic means”.

Section 1

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.

Section 1

Every seat and seat back adjustment and displacement system provided shall incorporate a locking system which operates automatically in all positions provided for normal use and all seats, including those which can be tipped forward or have fold-down backs, shall lock automatically in their normal upright position.

Section 1

Every tyre (not being a retreaded tyre) fitted to the vehicle shall bear an approval mark in accordance with the requirements of Directive 92/23/EEC or ECE Regulation 30 or 54.

Section 1

No surface (other than a surface of a window) of the vehicle interior which can be contacted by a sphere of 165mm diameter and which is within the specified zone , shall include any fittings (eg controls and instruments) or design features which have any dangerous roughness or sharp edges .

Section 1

The vehicle shall not be fitted with any mascot, emblem or other ornamental object unless it complies with the requirements of regulation 53 of the Construction and Use Regulations.

Section 1

The vehicle shall be fitted with a speedometer capable of indicating speed in mph at uniform intervals not exceeding 20 mph at all speeds up to the maximum speed of the vehicle and capable of being read by the driver at all times of the day or night.

Section 1

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.

Section 1

The vehicle shall be equipped with a system for removing frost and ice from the glazed surfaces of the windscreen. This system shall be effective enough 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.

Section 1

The maximum gross weight of the vehicle shall be no less than the sum of the kerbside weight, and—

(a) in the case of a vehicle other than a motor caravan, 75kg for each seat , and

(b) in the case of a motor caravan, 85kg for each seat and 10kg for each metre of the total length of the vehicle.

Section 1

All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in 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.

Section 2

Where hinges are used on doors fitted to the side of a vehicle, other than folding doors, the hinges shall be fitted at the front edge of the door. However, they may be fitted at the top or rear edge if either—

(a) a device is fitted which automatically closes the door at least to the intermediate latched position if it is unlatched when the vehicle is moving in the forward direction; or

(b) a safety-bolt is fitted to prevent such unlatching and an audible warning device is provided which activates an audible warning if the vehicle is driven without the bolt in place.

Section 2

The steering control shall be designed, constructed and fitted so as not to embody components or accessories, including the horn control and other assemblies, capable of catching in the driver’s clothing or jewellery in normal driving movements.

Section 2

When the engine by which the vehicle is propelled is running without load at a normal idling speed , the carbon monoxide content of the exhaust emissions from the engine shall not exceed—

(a) if the vehicle has an effective date before 1st August 1986, 4.5%; or

(b) if the vehicle has an effective date on or after 1st August 1986 and not being a vehicle to which sub-paragraph (c) or (d) below applies, 3.5%; or

(c) if the vehicle is of a description mentioned in the Annex to the emissions publication and is either—

(i) a passenger car having an effective date on or after 1st August 1992; or

(ii) any other vehicle having four or more wheels and an effective date on or after 1st August 1994, the relevant percentage ; or

(d) if the vehicle is not of a description mentioned in the Annex to the emissions publication and is either—

(i) a passenger car having an effective date on or after 1st August 1995; or

(ii) any other vehicle having four or more wheels and an effective date on or after 1st August 1997,

0.5% of the total exhaust emissions from the engine by volume.

Section 2

The vehicle shall also be fitted with at least one interior mirror which meets the adjustment, rear view and vibration requirements unless no interior mirror could provide any view to the rear.

Section 2

No anti-theft device shall operate on the braking system.

Section 2

he vehicle is fitted with one or more ve belts, such belt shall—

(a) bear a mark as described in regulation 47(4)(c)(i) of the Construction and Use Regulations; or

(b) meet the requirements referred to in regulation 47(4)(c)(iii) of those Regulations.

Section 2

Without prejudice to paragraph 1, the vehicle shall be fitted with an anchorage in every position required to hold securely every adult belt , disabled person’s belt or any part of an adult belt or a disabled person’s belt fitted to the vehicle.

Section 2

If the vehicle has an effective date on or after 1st April 1987, in addition to the seat belts required by paragraph 1 above, it shall be fitted with an appropriate belt for every other forward-facing seat in the front alongside the driver’s seat, not being a specified passenger’s seat .

Section 2

If the vehicle is equipped with an anti-lock device it shall comply with paragraph 2.2.1.23 of 71/320/EEC as last amended by Directive 88/194/EEC .

Section 2

When—

(a) the vehicle is held stationary on a level surface such that there is an unobstructed area not less than 3 metres wide all around the vehicle; and

(b) the engine by which the vehicle is propelled is run at a constant rotational speed of 3/4 S,

the noise measured at 0.5 metres from the exhaust outlet at 45 degrees to the axis of the outlet pipe in a horizontal plane, shall not exceed 101db(A).

Section 2

The unlocking controls for displacement systems which facilitate access by passengers shall be accessible from outside the vehicle when the door is open. They shall be easily accessible, even to the occupant of the seat immediately behind the seat concerned if such a seat is designated as suitable for an adult.

Section 2

Every retreaded tyre fitted to the vehicle shall bear a mark in accordance with paragraph 6 of BS AU 144e-1988 or a corresponding standard and the indication given by the mark must not be false in a material particular.

Section 2

Switches and other controls mounted on the instrument panel which project by more than 9.5mm from the surface of the panel, can be contacted by a sphere of 165mm diameter and which are within the specified zone , shall be so constructed and mounted that they would either retract into the surface of the panel or become detached from the panel when a horizontal force of 40kg is applied to them.

Section 2

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 of 100 mm diameter, shall be not less than 2.5 mm.

Section 2

For all true speeds up to the design speed of the vehicle, the true speed shall not exceed the indicated speed.

Section 2

The vehicle shall be equipped with a system for removing mist from the interior glazed surface of the windscreen. This system shall be effective enough 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.

Section 2

For all vehicles—

(a) the sum of the maximum permitted axle weights must not be less than the maximum gross weight of the vehicle;

(b) when the vehicle is loaded to its maximum gross weight by placing a weight of 68kg in each seat and by distributing the remaining weight evenly in the areas designed to accommodate luggage (all in accordance with paragraph 2 of the Appendix to Directive 92/21/EEC as last amended by Directive 95/48/EC ), the axle weight of each axle shall not exceed the maximum permitted axle weight; and

(c) when the vehicle is loaded to its maximum gross weight, and at the same time, its rear axle is loaded to its maximum permitted axle weight, the front axle weight shall not be less than 30% of the maximum gross weight.

Section 2

In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is 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 to ensure no risk of fouling and the wheels and wheel fixings shall be compatible;

(d) the vehicle structure (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 so designed, constructed and fitted as towithstand the forces, vibration and corrosive environment to which it is likely to be subject. It shall also be so fitted 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. The fuel tank shall comply with regulation 39 of the Construction and Use Regulations, except that it need not be made of metal; and

(i) the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion. All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.

Section 3

On hinged doors, the latch and striker assembly shall be capable of withstanding any load which is likely to be applied in the course of normal driving (ie excluding crash impacts) in both the intermediate and fully latched positions. However if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) above,the requirement need be met only with the bolt in place.

Section 3

The steering control and column assembly as fitted to the vehicle or the steering control itself shall offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. This requirement shall be treated as met if either—

(a) the vehicle complies with the requirements of paragraph 5.2 of Annex 1 of Directive 74/297/EEC ; or

(b) the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC .