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Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

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G —Avoidance of Danger

Maintenance and use of vehicle so as not to be a danger, etc.

115.—(1) A motor vehicle, a trailer drawn by it and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to a person in or on the vehicle or trailer or on a road.

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or part of it falling or being blown from the vehicle or by reason of any other movement of the load or part of it in relation to the vehicle.

(3) A motor vehicle or trailer shall not be used for a purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to a person in or on the vehicle or trailer or on a road.

Restrictions on speed of low platform trailers, etc.

116.—(1) No person shall use, or cause or permit to be used, on a road a vehicle displaying the rectangular plate described in the definition of “low platform trailer” in regulation 2(2) or anything resembling such a plate at a speed exceeding 40 mph.

(2) No person shall use, or cause or permit to be used on a road a vehicle displaying the rectangular plate described in Schedule 16 (Plate for Restricted Speed Vehicle) or anything resembling such a plate at a speed exceeding 50 mph.

Parking in darkness

117.—(1) Subject to paragraph (2) a person shall not, except with the permission of a police officer in uniform, cause or permit a motor vehicle to stand on a road between sunset and sunrise unless the near side of the vehicle is as close as may be to the edge of the carriageway.

(2) Paragraph (1) does not apply to a motor vehicle—

(a)being used for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes) if compliance with that paragraph would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(b)being used in connection with—

(i)building operation or demolition;

(ii)the repair of another vehicle;

(iii)the removal of obstructions to traffic;

(iv)the maintenance, repair or reconstruction of a road; or

(v)the laying, erection, alteration or repair in or near to a road of any sewer, main, pipe or apparatus for the supply of gas, water or electricity, of telecommunication apparatus as defined in paragraph 1(1) of Schedule 2 to the Telecommunication Act 1984(1) or of the apparatus of an electric transport undertaking, if, in any such case, compliance with that paragraph would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(c)on a road in which vehicles are allowed to proceed in one direction only;

(d)standing on a part of a road set aside for the parking of vehicles or as a stand for taxis or for buses or as a place at which such vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers where compliance with paragraph (1) would conflict with the provisions of any order, regulation or byelaw governing the use of such part of a road for that purpose; or

(e)waiting to set down or pick up passengers in accordance with instructions or directions given by the Chief Constable in regard to such setting down or picking up.

Passengers on motor cycles

118.  If a person in addition to the driver is carried astride a two-wheeled motor cycle on a road (whether a sidecar is attached to it or not) suitable supports or rests for the feet shall be available on the motor cycle for that person.

Obstruction

119.  No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Driver’s control

120.  A person shall not drive, or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Opening of doors

121.  A person shall not open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger anyone.

Reversing

122.  A person shall not drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road.

Leaving motor vehicles unattended

123.—(1) Subject to paragraph (2), a person shall not leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply to a vehicle—

(a)being used for ambulance, fire brigade or police purposes; or

(b)in such a position and condition as not to be likely to endanger persons or property and engaged in an operation which requires its engine to be used to—

(i)drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or

(ii)maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery.

(3) In this regulation “parking brake” means a brake designed and constructed in accordance with requirements 16 and 18 in the Table in Schedule 2.

Securing of suspended implements

124.  Where a vehicle is fitted with any apparatus or appliance designed for lifting and part of the apparatus or appliance consists of a suspended implement, the implement shall, at all times while the vehicle is in motion on a road and when the implement is not attached to any load supported by the appliance or apparatus, be so secured, either to the appliance or apparatus or to some part of the vehicle, that no danger is caused or is likely to be caused to a person on the vehicle or on the road.

Television sets

125.—(1) A person shall not drive, or cause or permit to be driven on a road, a motor vehicle, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a)about the state of the vehicle or its equipment;

(b)about the location of the vehicle and the road on which it is located;

(c)to assist the driver to see the road adjacent to the vehicle; or

(d)to assist the driver to reach his destination.

(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.

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