The Road Vehicles (Construction and Use) (Amendment) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 in relation to braking requirements.

Regulation 15 of the 1986 Regulations requires certain vehicles to comply with the brake requirements set out in various EEC Directives or various ECE Regulations. Previously, three-wheeled vehicles were exempt from this requirement if they had a maximum gross weight of not more than 1,000 kg, a design speed of not more than 40 km/h and an engine capacity of not more than 50 cc. As a result of the amendments, this exemption will apply to vehicles with an unladen weight of not more than 410 kg, a maximum design speed of not more than 50 km/h and an engine capacity of not more than 50 cc. An exemption for motor cycles with a sidecar attached is not affected.

Regulation 15(1C) of the 1986 Regulations specifies the Directive applicable to motor vehicles first used on or after 1st of April 1992 and trailers manufactured on or after 1st October 1991. These vehicles were previously, in all cases, given the option of complying instead with ECE Regulation 13.05 (see regulation 15(5)). With the exception of trailers manufactured e.g. before the 1st April 1992, the option will now be to comply with ECE Regulation 13.06 and not 13.05.

Previously, regulation 16(5) of the 1986 Regulations imposed certain requirements on motor bicycles (with or without a sidecar) first used on or after the 1st April 1987. Regulation 16(5) is replaced by provisions which apply to all motor cycles first used on or after the 1st April 1987 which are not subject to regulation 15 as stated above. “Motor cycle” is defined in regulation 3 of the 1986 Regulations as a mechanically propelled vehicle, not being an invalid carriage, having less than four wheels and the weight of which unladen does not exceed 410 kg.

Previously, a vehicle to which regulation 16(5) applied had to comply with ECE Regulation 13.05. The vehicles to which the new provisions apply will have to comply with ECE Regulation 13.05, 78 or 78.01 if they are first used before the 22nd of May 1995 or with ECE Regulation 78.01 if they are first used on or after the 22nd May 1995.

Regulation 18(1) of the 1986 Regulations requires every part of a braking system to be in good order. The regulation is amended so that in certain circumstances it is permissible to drive a vehicle with a fault in its anti-lock braking system (“ABS”). The exemption enables a vehicle to complete its journey if the fault arose after the journey began or to be driven to a place where the ABS is to be repaired. However, the vehicle could not be driven if the braking system did not meet the braking efficiency requirements of regulation 18(3).

Other amendments are consequential upon the making of ECE Regulation 13.06. Various other provisions in regulations 15 to 18 of the Regulations require vehicles to comply or give vehicles the option of complying with ECE Regulation 13.05. In all these cases, vehicles are given the option or further option of complying with ECE Regulation 13.06.

Copies of the ECE Regulations referred to in these Regulations can be obtained from Her Majesty’s Stationery Office. The details of the ECE Regulations are set out in the Table below.

Principal Instrument	Relevant Amending Instruments
Regulation 13 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 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963 (“the ECE Agreement”).	Revised on 11th July 1974; amended on 4th January 1979; amended on 11th August 1981; amended on 26th November 1984; amended on 1st April 1987; amended on 5th October 1987; amended on 29th July 1988; amended on 22nd November 1990.
Regulation 78 annexed to the ECE Agreement	Amended on 22nd November 1990.