The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

• Citation: S.I. 2009/3220
• Sections: 17

Section 1 Citation and commencement

These Regulations may be cited as the Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 and come into force on 4th January 2010.

Section 2 Amendments to the Road Vehicles Lighting Regulations 1989

The Road Vehicles Lighting Regulations 1989 are amended in accordance with regulations 3 to 16.

Section 3 Interpretation

(1) The Table which follows regulation 3(2) is amended in accordance with paragraphs (2) to (8).

(2) After the definition of “Community Directive 76/756/ EEC , as last amended by Directive 91/663/EEC ”, insert—

(3) In the definition of “Emergency vehicle”—

(a) omit “and” after paragraph (j); and

(b) at the end of paragraph (k) add—

; and

(l) a vehicle used for mountain rescue purposes

(4) After the definition of “ kg ”, insert—

(5) After the definition of “Main beam”, insert—

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.

(6) In the definition of “Optional”, at the end, add “But, when used in the expression “Optional ECE conspicuity requirements”, shall be construed in accordance with the definition of that expression.”

(7) After the definition of “Optional”, insert—

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.

(8) After the definition of “Stop lamp”, insert—

(9) After regulation 3(8) insert—

(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).

Section 4 Modifications in relation to vehicles approved under the Motor Vehicles (Approval) Regulations 1996

In regulation 9B(1)—

(a) in the definition of “coefficient of luminous intensity”, for “ECE Regulation 3.01” substitute “ECE Regulation 3 as amended by the 01 series of amendments (as in force on 20th March 1982)”; and

(b) omit the definition of “ECE Regulation 3.01”.

Section 5 Colour of light shown by lamps and reflectors

(1) Regulation 11 is amended as follows.

(2) In paragraph (2)—

(a) after sub-paragraph (v) omit “or”; and

(b) at the end of sub-paragraph (w) add—

;

(x) reflected light from a yellow conspicuity marking where the fitting of that marking complies with the mandatory or optional ECE conspicuity requirements; or

(y) reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle used for—

(i) police,

(ii) relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005 ) or, in England and Wales, fire and rescue authority,

(iii) ambulance,

(iv) Vehicle and Operator Services Agency, or

(v) traffic officer,

purposes

Section 6 Amendment to regulation 18 (obligatory lamps, reflectors, rear markings and devices)

(1) Regulation 18 is amended as follows.

(2) In paragraph (1), after “of these Regulations” insert “, in regulation 20A(9)”.

(3) In paragraph (3), after “20”, insert “, 20A”.

Section 7 Optional lamps, reflectors, rear markings and devices

In regulation 20, for “Every optional lamp”, substitute “Subject to regulation 20A(9), every optional lamp”.

Section 8 Application of the ECE conspicuity requirements

After regulation 20, insert—

Application of the ECE conspicuity requirements

(20A)

(1) Subject to paragraphs (2), (4) and (5), a goods vehicle which is—

(a) a motor vehicle first used on or after 10th July 2011, or

(b) a trailer manufactured on or after 10th July 2011,

shall be fitted with conspicuity markings which comply with the mandatory ECE conspicuity requirements.

(2) Paragraph (1) does not apply in respect of a goods vehicle which is—

(a) a motor vehicle with a maximum gross weight not exceeding 7500 kg;

(b) a trailer with a maximum gross weight not exceeding 3500 kg;

(c) an incomplete vehicle proceeding to a works for completion or to a place where it is to be stored or displayed for sale; or

(d) a motor car or heavy motor car intended to form part of an articulated vehicle.

(3) A goods vehicle to which paragraph (1) applies is referred to in this regulation as a “relevant goods vehicle”.

(4) If the overall length of a relevant goods vehicle does not exceed 6 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the side of that vehicle.

(5) If the overall width of a relevant goods vehicle does not exceed 2.1 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the rear of that vehicle.

(6) To the extent that, pursuant to paragraph (4) or (5), a relevant goods vehicle is not required to be fitted with conspicuity markings to the side or rear that comply with the mandatory ECE conspicuity requirements, conspicuity markings which comply with the optional ECE conspicuity requirements may be fitted to the side or rear (as the case may be).

(7) Subject to paragraph (8), a vehicle which is not a relevant goods vehicle may be fitted with conspicuity markings which comply with the optional ECE conspicuity requirements.

(8) Paragraph (7) does not apply in respect of—

(a) a passenger vehicle (other than a bus); or

(b) a trailer with a maximum gross weight not exceeding 750 kg.

(9) A requirement imposed under regulation 18 or 20 is to be disregarded to the extent it is incompatible with paragraph (1), (6) or (7).

(10) In this regulation “motor car” and “heavy motor car” have the same meaning as in the Construction and Use Regulations.

Section 9 Requirements about the use of front and rear position lamps, rear registration plate lamps, side marker lamps and end-outline marker lamps

In regulation 24(7)(a), for “the unladen weight of which does not exceed 1525 kg” substitute “the gross vehicle weight of which does not exceed 2500 kg”.

Section 10 Amendment to Schedule 1 (obligatory lamps, reflectors, rear markings and devices)

(1) Schedule 1 is amended as follows.

(2) In Table I, in column (3) of the entry for “Rear marking”—

(a) for the full stop at the end of paragraph (d) substitute a semicolon; and

(b) at the end add—

A vehicle fitted with conspicuity markings to the rear where the fitting of those markings complies with the mandatory or optional ECE conspicuity requirements.

(3) In Table VI, in column (3) of the entry for “Rear marking”—

(a) for the full stop at the end of paragraph (e) substitute a semicolon; and

(b) at the end add—

A trailer fitted with conspicuity markings to the rear where the fitting of those markings complies with the mandatory or optional ECE conspicuity requirements.

Section 11 Requirements relating to direction indicators

(1) Schedule 7 is amended as follows.

(2) In Part I—

(a) in paragraph 1(a), for “(Category 5)” substitute “(Category 5 or 6)”;

(b) in paragraph 3(a)(ii)(A), for “(B) or (C)” substitute “(B), (C) or (D)”;

(c) after paragraph 3(a)(ii)(C) insert—

(d) in paragraph 4(c), after “5”, insert “or 6”; and

(e) in paragraph 5(a), after ““5””, insert “or “6””.

(3) In Part III, in the first diagram after “Category 5” insert “or 6”.

Section 12 Requirements relating to optional reversing lamps

(1) Schedule 14 is amended as follows.

(2) In paragraph 1, for “Not more than two” substitute—

Not more than two but if the vehicle has an overall length which exceeds 6 m and is—

(a) a bus; or

(b) a vehicle which is not a passenger vehicle,

four may be fitted

(3) In paragraph 4, for “To the rear” substitute—

To the rear but if, in accordance with paragraph 1, four are fitted the configuration shall be—

(a) four to the rear; or

(b) two to the rear and one on each side

(4) In paragraph 10, for “No requirement” substitute—

No requirement except that if, in accordance with paragraph 4, reversing lamps have been fitted to the side, the following requirements shall apply in relation to those lamps—

(a) it shall not be possible for the reversing lamps to be illuminated unless the front and rear position lamps of the vehicle are illuminated at the same time; and

(b) the reversing lamps shall be switched on and off by the manual operation of one switch which shall have no other function; but

(c) the reversing lamps shall switch off automatically if the vehicle is moving forward at a speed of 10km/h or more

(5) In paragraph 11(a)—

(a) for “are such that the”, substitute “are such that any”; and

(b) after “lamps” insert “fitted to the rear”.

Section 13 Requirements relating to side retro reflectors

For Part II of Schedule 17 substitute—

REQUIREMENTS RELATING TO OPTIONAL SIDE RETRO REFLECTORS

Any number may be fitted and the only requirements in respect of any which are fitted are those specified in paragraphs 7 and 8 of Part I. But, in respect of a vehicle to which paragraph 7(a) applies which is used for the purposes listed in column (1) of the Table, the permitted colours are those listed in column (2).

Section 14 Requirements relating to rear retro reflectors

(1) Schedule 18 is amended as follows.

(2) In Part I—

(a) in paragraph 2(c)(i)(A), for “1200 mm” substitute “1500 mm”;

(b) in paragraph 2(c)(iii)(A), for “350 mm” substitute “250 mm”; and

(c) in paragraph 3(a)(i)(B)(1) and (2), for “15°” substitute “10°”.

(3) For Part II substitute—

REQUIREMENTS RELATING TO OPTIONAL RE AR RETRO REFLECTORS

Any number may be fitted and the only requirements in respect of any which are fitted are those specified in paragraphs 7 and 8(b) of Part I. But the colour of rear retro reflectors fitted to a vehicle used for—

(a) police,

(b) relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005) or, in England and Wales, fire and rescue authority,

(c) ambulance,

(d) Vehicle and Operator Services Agency, or

(e) traffic officer,

purposes may be red, yellow or orange (or any combination).

Section 15 Requirements relating to rear markings

In Part I of Schedule 19—

(a) in paragraph 5(a), after “sub-paragraph (b)”, insert “or (c)”;

(b) in paragraph 5(b), for “A motor vehicle”, substitute “Unless covered by sub-paragraph (c), a motor vehicle”;

(c) after paragraph 5(b) insert—

(d) omit “and” at the end of paragraph 8(a); and

(e) at the end of paragraph 8(b) insert—

; and

(c) “70.01 mark” means the international approval mark referred to in paragraph 5.4.1 of ECE Regulation 70 as amended by the 01 series of amendments (as in force on 15th October 2008)

Section 16 Requirements relating to front retro reflectors

In Part I of Schedule 21—

(a) in paragraph 2(c)(ii), for “350 mm” substitute “250 mm”; and

(b) in paragraph 3(b)(i) and (ii), for “15°” substitute “10°”.

Section 17 Amendments to the Goods Vehicles (Plating and Testing) Regulations 1988

(1) The Goods Vehicles (Plating and Testing) Regulations 1988 are amended as follows.

(2) In regulation 16(6)(c)(ii), after “18” insert “, 18A”.

(3) In Table II in Part I of Schedule 3, after item 18 insert—