2. For Part 1 (fire extinguishing apparatus) of Schedule 7 to the Motor Vehicles (Construction and Use) Regulations 1999(1) substitute—
Regulation 51(1)
1.—(1) A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS EN 3-7:2004+A1:2007 and which—
(a)has a minimum test fire rating of 8A or 34B;
(b)contains water or foam; and
(c)has a minimum capacity of two litres.
(2) Sub-paragraph (1) shall not apply to a minibus if it carries apparatus for extinguishing fire which would meet the requirements of that sub-paragraph were there substituted—
(a)for a reference in that sub-paragraph to any British Standard, a reference to a corresponding standard;
(b)for the reference in that sub-paragraph to a test fire rating of 8A or the reference to a test fire rating of 34B, a reference to an equivalent level of performance specified in the corresponding standard; and
(c)for the reference in regulation 51(2)(b) to the appropriate British Standards Institution Specification number, a reference to a marking indicating compliance with the corresponding standard.
(3) In sub-paragraph (2), “corresponding standard”, in relation to a British Standard, means—
(a)a standard or code of practice of a national standards body or equivalent body of an EEA State or the Republic of Turkey;
(b)any international standard recognised for use as a standard by any EEA State or the Republic of Turkey; or
(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State or the Republic of Turkey,
where the standard or code of practice, international standard or technical specification provides, in relation to fire extinguishers, a level of safety equivalent to that provided by the British Standard and contains a requirement as respect the markings of fire extinguishers equivalent to that provided by the British Standard.
(4) In sub-paragraph (3)—
“EEA State” means a State which is a contracting party to the EEA Agreement; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3).”.
S.R. 1999 No. 454; to which there are amendments not relevant to these Regulations
Cm 2073; O.J. No. L1, 3.1.94, p.3
Cm 2183