The Road Vehicles (Construction and Use) Regulations 1986

B BRAKES

Braking systems of certain vehicles first used on or after 1st April 1983

15.—(1) Save as provided in paragraphs (2), (3) and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which is first used on or after 1st April 1983 shall comply with the construction, fitting, and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive, in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1983 to comply with the said requirements instead of complying with regulations 16 and 17.

TABLE

(regulation 15(1))

1	2	3
Item	Class of Vehicle	Vehicle Category in the Community Directive
1	Passenger vehicles and dual-purpose vehicles which have 3 or more wheels except— (a) dual-purpose vehicles constructed and adapted to carry not more than 2 passengers exclusive of the driver; (b) motor-cycles with side-car attached; (c) vehicles having 3 wheels, and not exceeding a maximum gross weight of 1000 kg, a design speed of 40 km/h and an engine capacity of 50 cc.; (d) buses.	M1
2	Buses having a maximum gross weight which does not exceed 5000 kg.	M2
3	Buses having a maximum gross weight which exceeds 5000 kg.	M3
4	Dual-purpose vehicles not within item 1(a); and goods vehicles, having a maximum gross weight which does not exceed 3500 kg, and not being motorcycles with a sidecar attached.	N1
	Goods vehicles with a maximum gross weight which—
5	exceeds 3500 kg but does not exceed 12,000 kg.	N2
6	exceeds 12,000 kg.	N3
	Trailers of which the sum of the axle weights—
7	does not exceed 750 kg.	O1
8	exceeds 750 kg but does not exceed 3500 kg.	O2
9	exceeds 3500 kg but does not exceed 10,000 kg.	O3
10	exceeds 10,000 kg.	O4

(2) The requirements specified in paragraph (1) do not apply to—

(a) an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b) a locomotive;

(c) a motor tractor;

(d) an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e) a vehicle which has a maximum speed not exceeding 25 km/h;

(f) a works trailer;

(g) a works truck;

(h) a public works vehicle;

(i) a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub-paragraph (b), (c), (e), (g) or (h) of this paragraph applies;

(j) a trailer mentioned in regulation 16(3)(b), (d), (e), (f) and (g); or

(k) a vehicle manufactured by Leyland Vehicles Limited and known as the Atlantean Bus, if first used before 1st October 1984.

(3) The requirements specified in paragraph (1) shall apply to the classes of vehicles specified in the Table so that—

(a) in items 2 and 3 the testing requirements specified in paragraphs 1.5.1 and 1.5.2 of Annex II to the said Community Directive shall not apply in relation to a double-decked vehicle first used before 1st October 1983;

(b) in items 2 and 3 the requirements specified in paragraph 1.1.4.2 of Annex II to the said Community Directive shall not apply;

(c) in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirement in paragraph 2.1.2.1 of Annex I to the said Community Directive that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while one of his hands remains on the steering control; and

(d) in items 1, 4, 5, 6, 7, 8, 9 and 10 the requirement specified in paragraph 1.1.4.2 of Annex II to the said Community Directive shall not apply to a vehicle if either—

(i) following a test in respect of which the fee numbered 1360C, 1361Z or 1362W, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1984(1) has been paid, a document is issued by the Secretary of State indicating that, at the date of manufacture of the vehicle, the type to which it belongs complies with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04 or 13.05; or

(ii) as a result of a notifiable alteration to the vehicle, within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in sub-paragraph (i).

(4) Instead of complying with the preceding provisions of this regulation, a vehicle to which this regulation applies may comply with Community Directive 79/489 or with ECE Regulation 13.03, 13.04 or 13.05, so, however, that a vehicle on which a notifiable alteration referred to in paragraph (3) (d) has been carried out shall not be treated as so complying unless the fitment installed in it has been approved as mentioned in that paragraph.

Braking systems of vehicles to which regulation 15 does not apply

16.—(1) Save as provided in paragraphs (2) and (3), this regulation applies to every vehicle to which regulation 15 does not apply.

(2) Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to regulation 15(1), or which complies with Community Directive 79/489 or ECE Regulation 13.03, 13.04 or 13.05.

(3) This regulation does not apply to the following vehicles, except in the case of a vehicle referred to in (a) insofar as the regulation concerns parking brakes (requirements 16 to 18 in Schedule 3)—

(a) a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

(b) a trailer which—

(i) is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;

(ii) has axle weights of which the sum does not exceed 750 kg;

(iii) is an agricultural trailer manufactured before 1st July 1947 drawn by a motor tractor or an agricultural motor vehicle if the trailer—

(A) has a laden weight not exceeding 4070 kg; and

(B) is the only trailer being drawn; and

(C) is drawn at a speed not exceeding 10 mph; or

(iv) is drawn by a motor cycle in accordance with regulation 84;

(c) an agricultural trailed appliance;

(d) an agricultural trailed appliance conveyor;

(e) a broken down vehicle;

(f) before 1st October 1986—

(i) a trailer with an unladen weight not exceeding 102 kg which was manufactured before 1st October 1982; and

(ii) a gritting trailer; or

(g) on or after 1st October 1986, a gritting trailer with a maximum gross weight not exceeding 2000 kg.

(4) Save as provided in paragraph (7), a vehicle of a class specified in an item in column 2 of the Table shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in Schedule 3.

TABLE

(regulation 16(4))

1	2	3	4
Item	Class of vehicle	Requirements in Schedule 3	Exemptions or modifications
	Motor cars
1	First used before 1st January 1915.	3, 6, 7, 13, 16	Requirements 13 and 16 do not apply to a motor car with less than 4 wheels.
2	First used on or after 1st January 1915 but before 1st April 1938.	1, 4, 6, 7, 9, 16	A works truck within items 1 to 11 is not subject to requirements 1, 2, 3 or 4 if it is equipped with one braking system with one means of operation.
3	First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before 1st January 1968.	1, 4, 6, 7, 8, 9, 16
4	Wheeled vehicles first used on or after 1st January 1968.	1, 4, 6, 7, 8, 9, 18
	Heavy motor cars
5	First used before 15th August 1928.	1, 6, 16
6	First used on or after 15th August 1928 but before 1st April 1938.	1, 4, 6, 7, 8, 16
7	First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before 1st January 1968.	1, 4, 6, 7, 8, 9, 16
8	Wheeled vehicles first used on or after 1st January 1968.	1, 4, 6, 7, 8, 9, 18
	Motor cycles
9	First used before 1st January 1927.	3, and, in the case of three-wheeled vehicles, 16
10	First used on or after 1st January 1927 but before 1st January 1968.	2, 7, and, in the case of three-wheeled vehicles, 16
11	First used on or after 1st January 1968 and not being a motor cycle to which paragraph (5) applies.	2, 7, and, in the case of three-wheeled vehicles, 18
	Locomotives
12	Wheeled vehicles first used before 1st June 1955.	3, 6, 12, 16
13	Wheeled vehicles first used on or after 1st June 1955 but before 1st January 1968.	3, 4, 6, 7, 8, 9, 18
14	Wheeled vehicles first used on or after 1st January 1968.	3, 4, 6, 7, 8, 9, 18
15	Track-laying vehicles.	3, 6, 16
	Motor tractors
16	Wheeled vehicles first used before 14th January 1931 and track-laying vehicles first used before 1st April 1938.	3, 4, 6, 7, 16	Industrial tractors within items 16 to 19 are subject to requirement 5 instead of requirement 4.
17	Wheeled vehicles first used on or after 14th January 1931 but before 1st April 1938.	3, 4, 6, 7, 9, 16
18	Wheeled vehicles first used on or after 1st April 1938 but before 1st January 1968.	3, 4, 6, 7, 8, 9, 16
19	Wheeled vehicles first used on or after 1st January 1968.	3, 4, 6, 7, 8, 9, 18
20	Track-laying vehicles first used on or after 1st April 1938.	3, 4, 6, 7, 8, 16
	Wheeled agricultural motor vehicles not driven at more than 20 mph
21	First used before 1st January 1968.	3, 4, 6, 7, 8, 16
22	First used on or after 1st January 1968 but before 9th February 1980.	3, 4, 6, 7, 8, 18
23	First used on or after 9th February 1980.	3, 5, 6, 7, 8, 18
	Invalid carriages
24	Whenever first used.	3, 13
	Trailers
25	Manufactured before 1st April 1938.	3, 10, 14, 17
26	Manufactured on or after 1st April 1938 and being either a track-laying vehicle, an agricultural trailer or a vehicle manufactured before 1st January 1968.	3, 8, 10, 14, 17	Agricultural trailers are not subject to requirement 8.
27	Wheeled vehicles manufactured on or after 1st January 1968, not being an agricultural trailer.	3, 4, 8, 11, 15, 18	Trailers equipped with brakes which come into operation on the overrun of the vehicle are not subject to requirement 15.

Provided that wheeled agricultural motor vehicles not driven at more than 20 mph are excluded from all items other than items 21 to 23.

(5) Save as provided in paragraph (6), the braking system of every motor cycle with two wheels (with or without a sidecar) first used on or after 1st April 1987 shall comply with ECE Regulation 13.05.

(6) Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

(7) Instead of complying with the provisions of paragraph (4) of this Regulation an agricultural motor vehicle may comply with Community Directive 76/432.

Vacuum or pressure brake warning devices

17.—(1) Save as provided in paragraph (2), every motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system.

(2) The requirement specified in paragraph (1) does not apply in respect of—

(a) a vehicle to which regulation 15 applies, or which complies with the requirements of that regulation, of Community Directive 79/489 or of ECE Regulation 13.03, 13.04 or 13.05;

(b) an agricultural motor vehicle which complies with Community Directive 76/432;

(c) a vehicle with an unladen weight not exceeding 3050 kg propelled by an internal combustion engine, if the vacuum in the reservoir or reservoirs is derived directly from the induction system of the engine, and if, in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d) a vehicle first used before 1st October 1937.

Maintenance and efficiency of brakes

18.—(1) Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

(2) Paragraph (3) applies to every wheeled motor vehicle except—

(a) an agricultural motor vehicle which is not driven at more than 20 mph;

(b) a works truck; and

(c) a pedestrian-controlled vehicle.

(3) Every vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table I shall, subject to any exemption shown for that item in column 4, be so maintained that—

(a) its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b) if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor-cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 15 or 16 to be equipped with brakes.

TABLE I

(regulation 18(3))

1	2	3	4
Item	Class of vehicle	Efficiencies (%)	Exemptions
		(a) (b)
1	A vehicle to which regulation 15 applies or which complies in all respects other than its braking efficiency with the requirements of that regulation or with Community Directive 79/489 or with ECE Regulation 13.03, 13.04 or 13.05—		A motor cycle.
	(a) when not drawing a trailer;	50 25
	(b) when drawing a trailer	45 25
2	A vehicle, not included in item 1 and not being a motor cycle, which is first used on or after 1st January 1968—
	(a) when not drawing a trailer;	50 25
	(b) when not drawing a trailer manufactured on or after 1st January 1968;	50 25
	(c) when drawing a trailer manufactured before 1st January 1968	40 15
3	Goods vehicles first used on or after 15th August 1928 but before 1st January 1968 having an unladen weight exceeding 1525 kg being—
	(a) rigid vehicles with 2 axles not constructed to form part of an articulated vehicle—
	(i) when not drawing a trailer	45 20
	(ii) when drawing a trailer	40 15
	(b) other vehicles, including vehicles constructed to form part of an articulated vehicle, whether or not drawing a trailer	40 15
4	Vehicles not included in items 1 to 3—		(a) a bus;
	(a) having at least one means of operation applying to at least 4 wheels;	50 25	(b) an articulated vehicle;
	(b) having 3 wheels and at least one means of operation applying to all 3 wheels and not being a motor cycle with sidecar attached—		(c) a vehicle constructed or adapted to form part of an articulated vehicle;
	(i) when not drawing a trailer	40 25	(d) a heavy motor car which is a goods vehicle first used before 15th August 1928.
	(ii) in the case of a motor cycle when drawing a trailer	40 25
	(c) other
	(i) when not drawing a trailer	30 25
	(ii) in the case of a motor cycle when drawing a trailer.	30 25

(4) A goods vehicle shall not be deemed to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to—

(a) if a plating certificate has been issued and is in force for the vehicle, the design gross weight shown in column (3) of that certificate or, if no such weight is so shown, the gross weight shown in column (2) of that certificate; and

(b) in any other case, the design gross weight of the vehicle.

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to gross weight and design gross weight are to be taken as references to train weight and design train weight respectively.

(5) The brakes of every agricultural motor vehicle which is first used on or after 1st June 1986 and is not driven at more than 20 mph, and of every agricultural trailer manufactured on or after 1st December 1985 shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum axle weights which the vehicle is designed to have.

(6) Every vehicle or combination of vehicles specified in an item in column 2 of Table II shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

TABLE II

(regulation 18(6))

1	2	3
Item	Class of vehicle or combination	Percentage gradient
1	A vehicle specified in item 1 of Table I—
	(a) when not drawing a trailer	16
	(b) when drawing a trailer	12
2	A vehicle to which requirement 18 in Schedule 3 applies by virtue of regulation 16.	16
3	A vehicle, not included in item 1, drawing a trailer manufactured on or after 1st January 1968 and required, by regulation 15 or 16, to be fitted with brakes.	16

(7) For the purpose of this regulation the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(8) A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency, to comply with regulation 15 or with Community Directive 79/489 or ECE Regulation 13.03, 13.04 or 13.05.

Application of brakes of trailers

19.  Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver is in a position and competent efficiently to apply the brakes of the trailer.

Provided that this regulation shall not apply to a trailer which—

(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b) which is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

(1)

The amending instrument is S.I. 1985/1656.