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

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37.—(1) This regulation applies to—

(a)a caravan first used on or after 1st September 1978, and

(b)a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2) Subject to paragraphs (3) to (9) the windows specified in column 2 of Table I in relation to a vehicle specified in that column shall be constructed of the material specified in column 3.

TABLE I

(regulation 37(2))

(1)(2)(3)
ItemWindowsMaterial
1.Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to motor vehicles first used on or after 1st April 1985.Specified safety glass (1980).
2.Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to a motor vehicle first used before 1st April 1985.Specified safety glass, or specified safety glass (1980).
3.All other windows on vehicles to which this regulation applies.Specified safety glass, specified safety glass (1980), or safety glazing.

(3) The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4) The windscreens of motor cycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5) Any windscreens or other windows which are wholly or partly in front of or on either side of the driver’s seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken shall—

(a)be constructed of safety glazing; and

(b)be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6) Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7) Windows being—

(a)windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (other than agricultural motor vehicles first used on or after 1st June 1986 and driven at more than 20 mph) which are wholly or partly in front of or on either side of the driver’s seat;

(b)windows of the upper deck of a double-decked bus; or

(c)windows in the roof of a vehicle,

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(8) In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9) Any requirement in this regulation that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall not apply to a windscreen or other window which is—

(a)manufactured in France;

(b)marked with a marking consisting of the letters “TP GS” or “TP GS E”; and

(c)fitted to a vehicle first used before 1st October 1989.

(10) Subject to paragraph (11), the windscreens or other windows constructed, in accordance with paragraphs (2) to (8), of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table II in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure described in a document specified in relation to those windows in column 5.

TABLE II

(regulation 37(10))

(1)(2)(3)(4)(5)
ItemClass of vehicleWindowsPercentageDocuments describing procedure
1.Motor vehicles first used before 1st April 1985All windows70British Standard Specification No. 857 or No. 5282
2.Motor vehicles first used on or after 1st April 1985 and trailers

(a)Windscreens

75

(b)All other windows

70The documents mentioned in (i), (ii) or (iii) of the definition in paragraph (13) of “specified safety glass (1980)”.

(11) Paragraph (10) does not apply to—

(a)any part of a windscreen which is outside the vision reference zone;

(b)windows through which the driver when in the driver’s seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c)windows in a motor ambulance which are not wholly or partly in front of or on either side of any part of the driver’s seat; or

(d)windows in a bus, goods vehicle, locomotive, or motor tractor other than windows which—

(i)are wholly or partly in front of or on either side of any part of the driver’s seat;

(ii)face the rear of the vehicle; or

(iii)form the whole or part of a door giving access to or from the exterior of the vehicle.

(12) For the purposes of this regulation a window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

(13) Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(14) Paragraph (10) does not apply to a window if—

(a)it is a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b)it is not a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark.

(15) This paragraph applies to a side or rear window if—

(a)any part of it is on either side of or forward of the driver’s seat; or

(b)any part of it is within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by regulation 38 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by regulation 38 if, were it to be removed, the vehicle would nevertheless meet the requirements of regulation 38.

(16) In this regulation, unless the context otherwise requires—

“British Standard Specification No. 857” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088;

“British Standard Specification No. 5282” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185;

“British Standard Specification BS AU 178” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178;

“designated approval mark” means—

(a)

in relation to a windscreen, the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 in Schedule 4 to those Regulations, and

(b)

in relation to a window other than a windscreen, the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 32 in Schedule 4 to those Regulations;

“safety glazing” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts;

“security vehicle” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either—

(i)

persons who are likely to require protection from any criminal offence involving violence; or

(ii)

dangerous substances, bullion, money, jewellery, documents or other goods or burden which, by reason of their nature or value, are likely to require protection from any criminal offence;

“specified safety glass” means glass complying with the requirements of either—

(i)

British Standard Specification No. 857 (including the requirements as to marking); or

(ii)

British Standard Specification No. 5282 (including the requirements as to marking);

“specified safety glass (1980)” means glass complying with the requirements of either—

(i)

the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088, Amendment Slip No. 2 published on 30th September 1980 under the number AMD 3402, and Amendment Slip No. 4 published on 15th February 1981 under the number AMD 3548 (including the requirements as to marking); or

(ii)

British Standard Specification BS AU 178 (including the requirements as to marking); or

(iii)

ECE Regulation 43 (including the requirements as to marking);

“vision reference zone” means either—

(i)

the primary vision area as defined in British Standard Specification No. 857;

(ii)

Zone 1, as defined in British Standard Specification No. 5282; or

(iii)

Zone B (as regards passenger vehicles other than buses) and Zone 1 (as regards all other vehicles) as defined in British Standard Specification BS AU 178 and in ECE Regulation 43; and

“windscreen” includes a windshield.

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