1996 No. 3013
The Motor Vehicles (Approval) Regulations 1996
Made
Laid before Parliament
Coming into force
The Secretary of State for Transport, in exercise of the powers conferred by sections 54, 61,63 and 66 of the Road Traffic Act 19881 and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:
PART IGENERAL
Citation and Commencement1
These Regulations may be cited as the Motor Vehicles (Approval) Regulations 1996 and shall come into force on 1st July 1997.
Interpretation2
1
In these Regulations—
“the 1982 Regulations” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 19822;
“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 19843;
“the 1988 Act” means the Road Traffic Act 1988;
“the 1989 Regulations” means the Road Vehicles Lighting Regulations 19894;
“approval requirements”, in relation to a vehicle, means the requirements prescribed by section 54 of the 1988 Act as they apply to that vehicle (see also regulation 4(4) and 6(4));
“axle weight”, “gross weight”, “kerbside weight”, “maximum gross weight” and “maximum permitted axle weight” have the meanings given in regulation 3(2) of the Construction and Use Regulations;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 19865;
“kg” means kilograms;
“kph” means kilometres per hour;
“mm” means millimetres;
“motor ambulance” means a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability;
“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;
“mph” means miles per hour;
“relevant goods vehicle” has the meaning given in regulation 5(2);
“relevant passenger vehicle” has the meaning given in regulation 3(3);
“transitional provision vehicle” has the meaning given in Schedule 6 to these Regulations; and
“wheel” has the meaning given in regulation 3(2) of the Construction and Use Regulations.
2
A reference in any provision in these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.
3
Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations (other than item 16 of Schedule 2) as they apply for the purposes of the Construction and Use Regulations (other than regulations 26 and 27).
4
Schedule 5 to these Regulations—
a
interprets expressions relating to Community instruments and ECE Regulations (including references to complying with provisions of such instruments); and
b
sets out details of the Community instruments and ECE Regulations referred to in these Regulations.
5
Without prejudice to section 17 of the Interpretation Act 19786 and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.
6
In these Regulations, unless the context otherwise requires—
a
any reference to a numbered regulation, is a reference to the regulation bearing that number in these Regulations; and
b
any reference to a numbered or lettered paragraph is a reference to the paragraph bearing that number or letter in the regulation or Schedule in which the reference occurs.
PART IIPASSENGER VEHICLES
Application of Part II3
1
This Part of these Regulations applies to every motor vehicle which—
a
is a vehicle to which the 1984 Regulations apply or to which those Regulations would apply but for regulation 3(2)(a), (b), (e) or (j)) of those Regulations;
b
meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations; and
c
is not a motor ambulance or a motor caravan.
2
This Part of these Regulations also applies to every motor vehicle which—
a
is a motor ambulance or a motor caravan;
b
has four or more wheels; and
c
is a vehicle to which the 1984 Regulations apply.
3
In these Regulations, “relevant passenger vehicle” means a vehicle to which this Part of these Regulations apply.
Approval requirements relating to relevant passenger vehicles4
1
Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 2 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant passenger vehicles so far as they are not prescribed under regulation 4 of the 1984 Regulations.
2
The requirements set out in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.
An entry in column 4 of an item in the Table shall have effect for the purposes of interpreting or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.
3
Where a provision of any Community instrument or ECE Regulation is applied by Schedule 2, that provision as so applied shall (except in so far as the contrary intention appears and subject to context) have effect in relation to a vehicle that is not a vehicle of category Ml as it has effect in relation to a vehicle of category Ml; and for the purposes of this paragraph “vehicle of category Ml” has the same meaning as in Directive 70/156/EEC as last amended by Directive 92/53/EEC.
4
A relevant passenger vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 2 to these Regulations.
5
The three conditions are—
a
that the requirements set out in column 3 of the Table in relation to the subject matter are not applicable to the vehicle;
b
that the requirements set out in column 3 of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;
c
that requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter and the vehicle complies with those requirements.
6
For the purposes of paragraph (5), the requirements prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter mentioned in item 6 of column 2 of the Table in Schedule 2 to these Regulations (lamps, reflectors and devices) shall be regarded as the requirements prescribed in relation to—
a
installation of lighting and signalling equipment;
b
direction indicators;
c
headlamps and filament lamps;
d
side, rear and stop lamps;
e
rear reflectors; and
f
rear fog lamps.
7
For the purposes of paragraph (5), regulation 4(1A) of the 1984 Regulations shall have effect as if—
a
for sub-paragraph (a), there were substituted—
a
an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;
b
the words after sub-paragraph (b) were omitted.
8
If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1984 Regulations (disregarding paragraph (7) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.
PART IIIGOODS VEHICLES
Application of Part III5
1
This Part of these Regulations applies to every motor vehicle which—
a
is a vehicle to which the 1982 Regulations apply or to which those Regulations would apply but for regulation 3(2)(q) or (r) of those Regulations;
b
has a maximum gross weight not exceeding 3.5 tonnes; and
c
meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations.
2
In these Regulations, “relevant goods vehicle” means a goods vehicle to which this Part of these Regulations apply.
Approval requirements relating to relevant goods vehicles6
1
Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 3 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant goods vehicles so far as they are not prescribed under regulation 4 of the 1982 Regulations.
2
The requirements set out in column 3 of the Table in Schedule 3 have effect subject to the exceptions and modifications set out in column 5 of that Table.
An entry in column 4 of an item in the Table shall have effect for the purposes of interpretating or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.
3
Where a provision of any Community instrument or ECE Regulation is applied by Schedule 3, that provision as so applied shall have effect in relation to a vehicle that is not a vehicle of category Nl as it has effect in relation to a vehicle of category Nl ; and for the purposes of this paragraph “vehicle of category Nl” has the same meaning of Directive 70/156/EEC as last amended by Directive 92/53/EEC.
4
A relevant goods vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 3 to these Regulations.
5
The three conditions are—
a
that the requirements set out in column (3) of the Table in relation to the subject matter are not applicable to the vehicle;
b
that the requirements set out in column (3) of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;
c
that requirements applicable to the vehicle are prescribed by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements.
6
For the purposes of paragraph (5), regulation 4(2A) of the 1982 Regulations shall have effect as if—
a
for sub-paragraph (a), there were substituted—
a
an entry in column (6) of Part I of Schedule I shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;
b
the words after sub-paragraph (b) were omitted.
7
If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1982 Regulations (disregarding paragraph (6) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.
PART IVMISCELLANEOUS
Application for Minister’s approval certificate7
1
An application for the issue for a Minister’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Secretary of State.
2
The application shall be in a form which—
a
has been approved by the Secretary of State; and
b
has been duly completed so as to furnish all the information required by that form.
3
The application shall be accompanied by—
a
the documents mentioned in the form as being required in connection with the application; and
b
the prescribed fee.
4
As soon as reasonably practicable after he receives the application, the Secretary of State shall send to the applicant a notice stating the time when and the place where an examination for the purpose of the application is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
6
Where an application (“the original application”) is made in accordance with the paragraphs (1) to (3) is refused other than by virtue of regulation 11 or on the grounds that the vehicle is neither a relevant passenger vehicle nor a relevant goods vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to those paragraphs if—
a
it is made (orally or in writing) to the Secretary of State during the period of three months beginning with the date on which the original application was refused; and
b
at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application—
i
at the place where the examination took place for the purposes of the original application, and
ii
during that period of three months.
7
Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6). In the case of such an application—
a
the Secretary of State shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to take place;
b
the Secretary of State may alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant;
c
if the Secretary of State so alters the time or place, he shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out; and
d
the applicant shall pay the prescribed fee to the Secretary of State before the examination is carried out.
8
Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
Assignment of vehicle identification numbers8
1
This regulation applies where it appears to the Secretary of State when he gives notice under regulation 7(4) that the vehicle to which the application relates does not have a vehicle identification number which—
a
complies with paragraph 3.1 .l of the Annex to Directive 76/l 14/EEC or that Directive as last amended by Directive 78/507/EEC;
b
has been previously assigned to the vehicle under this regulation; or
c
does not fall within sub-paragraph (a) or (b), but is adequate for the purpose of enabling the vehicle to be identified.
2
In such a case—
a
he shall assign a vehicle identification number to the vehicle; and
b
the number shall be specified in the notice.
3
Where an application is made under regulation 7 for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act—
a
paragraph (1) shall have the effect as if the words “when” to “regulation 7(4)” were omitted, and
b
paragraph (2) shall have effect as if sub-paragraph (b) were omitted.
Criteria for determining design weights9
For the purposes of section 54(2) of the 1988 Act, where an application is made pursuant to regulation 7, the criteria for determining, as design weights, the axle weights and gross weights which in the opinion of the Secretary of State should not be exceeded in the case of a vehicle to which these Regulations apply are as follows—
a
the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;
b
any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and
c
any information obtained from an examination of a vehicle of that type or a similar type with a view to ascertaining whether at the time of the examination, it complied with any requirement prescribed under section 54 of the 1988 Act and applicable to it.
Appeals10
1
An appeal under section 60 of the 1988 Act by a person aggrieved by a determination made on behalf of the Secretary of State pursuant to an application under regulation 7 shall be made by notice in a form which—
a
has been approved by the Secretary of State; and
b
has been duly completed so as to furnish all information which is required by that form.
2
The notice of appeal shall be accompanied by the prescribed fee.
3
The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.
4
As soon as reasonably practicable after the date of the receipt of the notice of appeal the Secretary of State shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
Refusal of application or appeal without an examination or a complete examination11
1
In this regulation—
“examiner”, in relation to an examination, means the person appointed by the Secretary of State to conduct the examination;
“examination”, in relation to an application, means an examination for the purposes of the application.
2
This regulation applies to an appeal under regulation 10 as it applies to an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act as if references to the application were references to the appeal.
3
The Secretary of State may refuse an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act even though an examination has not been carried out if—
a
the vehicle is not submitted for examination at the time and place fixed under these Regulations for the examination;
b
the fee in respect of the examinations is not paid at or before the time fixed under these Regulations for the examination;
c
the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven or the engine run and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven or for the engine to be run to such extent as may be necessary for the purposes of carrying out the examination;
d
at the time that the vehicle is submitted for the examination, the vehicle or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out;
e
any things which are on the vehicle when it is submitted for the examination, and are not part of its equipment or accessories, are required by the examiner to be removed from the vehicle or to be secured in such a manner as he may think necessary and those things are not removed or secured accordingly;
f
when the vehicle is submitted for the examination, a proper examination cannot be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot readily be opened;
g
when the vehicle is submitted for the examination, its condition is such that, in the opinion of the examiner, a proper examination of the vehicle would involve a danger of—
i
injury to any person, or
ii
damage to the vehicle or any other property;
h
when the vehicle is submitted for the examination, there is not permanently fixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible, a vehicle identification number that—
i
complies with paragraph 3.1.1 of Annex to Directive 76/l 114/EEC or that Directive as last amended by Directive 78/570/EEC;
ii
has been assigned to the vehicle under regulation 8; or
iii
does not fall within sub-paragraph (i) or (ii), but appears to the Secretary of State to be adequate for the purpose of enabling the vehicle to be identified; or
j
the person who is the driver of the vehicle at the time it is submitted for the examination is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls or to remove or refit its panels and he declines to do so.
4
Nothing in this regulation shall affect the power of the Secretary of State to refuse an application which he would have were this regulation to be omitted.
Form of certificate12
1
Subject to paragraph (2), a Minister’s approval certificate issued under section 58(1) of the 1988 Act shall be in the form set out in Schedule 4 to these Regulations or in a form to the like effect where the certificate is issued on the basis that the vehicle complies with the approved requirements by virtue of these Regulations.
2
There shall be inserted in the box under the words “Type Code”—
a
the letter “V” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 1 of Schedule 1 to these Regulations;
b
the letter “P” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 2 of Schedule 1 to these Regulations;
c
the letter “A” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 3 of Schedule 1 to these Regulations;
d
the letter “M” if the certificate is being issued on the basis that the vehicle is a motor ambulance or a motor caravan,
but any letter or letters inserted pursuant to sub-paragraph (a) to (d) may be followed by a zero and then by any letters or numbers that the Secretary of State thinks fit to insert.
3
Paragraphs (1) and (2) shall apply to a Minister’s approval certificate issued under section 58(4) of the 1988 Act as they apply to such a certificate issued under section 58(1) of that Act as if for the words “section 58(1)” in the form set out in Schedule 4 to these Regulations there were substituted the words “section 58(4)”.
Notices13
Without prejudice to regulation 7(7)(a), every notice under these Regulations shall be in writing and may be given by post.
Obligatory certificates14
1
Subject to paragraph (2) below, this regulation applies to all relevant goods vehicles and relevant passenger vehicles.
2
This regulation does not apply—
a
to any motor ambulance or a motor caravan;
b
to any vehicle that meets the requirements of paragraph 2 of Schedule 1 to these Regulations and is a vehicle to which section 47 of the 1988 Act7 applies; or
c
to any registered vehicle.
3
The day appointed for the purposes of section 63(1) of the Road Traffic Act 1988 in relation to every vehicle—
a
to which this regulation applies; but
b
which is not of a class for which a day has previously been appointed for those purposes,
is 1st July 1997.
4
Without prejudice to any other regulations having effect by virtue of section 63(1) of the 1988 Act, all vehicles to which this regulation applies are vehicles of a prescribed class for the purposes of that section.
5
The type approval requirements prescribed for the purposes of section 63(1) of the 1988 Act, in relation to every vehicle to which this regulation applies, are the approval requirements.
6
Section 63(1) of the 1988 Act shall not apply to the use of a relevant passenger vehicle or a relevant goods vehicle—
a
for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;
b
for the purpose of bringing it away, before it is registered, from such an examination;
c
by an authorised person for the purpose of—
i
taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or
ii
carrying out a part of such an examination, or
iii
warming up its engine in preparation for such an examination, before it is registered;
d
where an application under regulation 7 is refused following such an examination, for the purpose of—
i
delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or
ii
bringing it away from a place where relevant work has been done on it,
before it is registered.
7
In this regulation—
“authorised person” means an examiner appointed under section 66A of the 1988 Act or a person carrying out such an examination under the direction of such an examiner;
“registered” means registered under the Vehicle Excise and Regulation Act 1994;
“relevant work” means work done or to be done to remedy the defects on the ground of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).
Licences not be issued for vehicles unless appropriate certificates are in force15
Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 14 applies, the licence shall not be granted unless on the first application after the day appointed by regulations made by virtue of the 1988 Act, for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.
Signed by authority of the Secretary of State for Transport
SCHEDULE 1APPLICATION OF REGULATIONS-SUPPLEMENTAL PROVISIONS
Vehicles entering into service in very low numbers1
1
A vehicle meets the requirements of this paragraph at a particular time if—
a
since the 31st December immediately preceding that time less than 50 relevant Minister’s approval certificates have been issued with respect to vehicles of the relevant class;
b
since the 31st December immediately preceding the beginning of the five year period less than 100 relevant Minister’s approval certificates have been issued with respect to vehicles of the relevant class; and
c
no certificate of a kind specified in sub-paragraph (2) is in force with respect to a vehicle of the relevant class or the vehicle in question.
2
The certificates referred to in sub-paragraph (1)(c) are—
a
a certificate of conformity;
b
a Minister’s approval certificate in a form prescribed by regulation 14 of the 1982 Regulations or regulation 9 of the 1984 Regulations; or
c
an EC certificate of conformity.
3
Notwithstanding anything in sub-paragraph (1), for the purposes of these Regulations, a vehicle shall be deemed to meet the requirements of this paragraph if a Minister’s approval certificate has been issued with respect to it in a form prescribed by regulation 12 and that certificate contains the letter “V” pursuant to paragraph (2)(a) of that regulation.
4
For the purposes of this paragraph, a vehicle is a vehicle of the relevant class if it is not the vehicle in question, but is a vehicle—
a
of the same model; and
b
manufactured by the same manufacturer;
as the vehicle in question.
5
For the purposes of this paragraph only, two or more vehicles manufactured by different bodies corporate shall be regarded as having been manufactured by the same manufacturer if at the date when the last of those vehicles was manufactured the bodies were inter-connected within the meaning given by section 137(5) of the Fair Trading Act 19738.
6
In this paragraph—
“relevant Minister’s approval certificate” means a Minister’s approval certificate in a form prescribed by regulation 12 and containing the letter “V” pursuant to paragraph (2)(a); and
“the five year period”, in relation to any particular time, is the five year period ending at that time.
Vehicles imported by individuals for their or their dependants' personal use2
1
A vehicle meets the requirements of this paragraph at a particular time if—
a
the vehicle has been purchased outside the United Kingdom for the personal use of the individual importing it or of his dependants,
b
the vehicle has been so used by that individual or his dependants on roads outside the United Kingdom before it is imported,
c
the vehicle is intended solely for such personal use in the United Kingdom, and
d
the individual importing the vehicle intends to remain in the United Kingdom for not less than twelve months from the time when application is made for a first licence for the vehicle under the Vehicle Excise and Registration Act 1994.
2
Notwithstanding anything in sub-paragraph (1), for the purposes of these Regulations, a vehicle shall be deemed to meet the requirements of this paragraph if a Minister’s approval certificate has been issued with respect to it in a form prescribed by regulation 12 and that certificate contains the letter “I” pursuant to paragraph (2)(b) of that regulation.
Vehicles constructed for the personal use of the constructor etc.3
1
A vehicle meets the requirements of this paragraph if—
a
the vehicle was constructed or assembled for the personal use of a relevant individual; and
b
the construction or assembly or a substantial part of the construction or assembly was carried out by—
i
the individual referred to in paragraph (a),
ii
one or more relevant individuals acting on his behalf and under his direction, or
iii
the individual referred to in paragraph (a) and one or more relevant individuals acting on his behalf and under his direction.
2
For the purposes of this paragraph, a reference to a relevant individual, in relation to a motor vehicle, is a reference to an individual who did not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed or assembled.
SCHEDULE 2APPROVAL REQUIREMENTS FOR RELEVANT PASSENGER VEHICLES
1 | 2 | 3 | 4 | 5 |
---|---|---|---|---|
Item | Subject matter | Requirement | Definitions and supplementary provisions | Exemptions and modifications |
1 | Doors, their latches and hinges |
| For the purposes of this item, “longitudinal plane” has the meaning given in regulation 3(2) of the Construction and Use Regulations. | Paragraph 3 shall not apply to doors which do not give direct access to a seat designed for normal use while a vehicle is travelling on a road. This includes any door, for which the longitudinal plane passing through the extreme inboard projecting point of the door is more than 300 mm distant from the longitudinal plane passing through the nearest edge of such a seat. |
2 | Radio-interference suppression |
| This item shall not apply to vehicles propelled otherwise than by a spark ignition engine. | |
| Paragraph 2 shall not apply to suppression equipment fitted to vehicles which meet the requirements of either paragraph 2 or paragraph 3 of Schedule 1 to these Regulations. | |||
3 | Protective Steering |
| For the purposes of this item, “steering control” has the same meaning as in Directive 74/297/EEC. | This item shall not apply to—
Paragraph 3 shall not apply to transitional provision vehicles which have been constructed from a kit which—
|
4 | Exhaust emissions |
| For the purposes of this item—
| Paragraphs 2, 3 and 4 shall not apply to—
Paragraphs 3 and 4(b) shall not apply to vehicles fuelled by natural gas. Paragraph 4(c) shall not apply to vehicles or fuelled by liquid petroleum gas or natural gas. Paragraphs 2(a) and (b) and 3 shall not apply to vehicles propelled by a 2-stroke engine. Paragraphs 2(c) and (d) and 4 shall not apply to transitional provision vehicles which have been constructed from a kit which—
|
5 | Smoke emissions | If the vehicle has an effective date on or after 1 August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust shall not exceed—
| For the purposes of this item—
| This item shall not apply to vehicles propelled otherwise than by a compression ignition engine. |
6 | Lamps, reflectors and devices | The construction and equipment of the vehicle shall be such that its use on a road would not constitute a contravention or a failure to comply with—
| For the purposes of this item, the 1989 Regulations shall have effect as if for every reference to the date on which a vehicle is first used there were substituted a reference to the date of manufacture of the vehicle. For the purposes of this item—
| This item so far as it requires any lamp (not being a filament lamp), reflector or device to bear a particular standard mark (or one of two or more standard marks) shall not apply if it is fitted to a vehicle which either meets the requirements of paragraph 2 of Schedule 1 to these Regulations or is a transitional provision vehicle which has been constructed from a kit which—
This item so far as it requires compliance with regulation 14 of the 1989 Regulations (filament lamps) shall not apply to a lamp if, by virtue of the above paragraph, it could comply with this item without bearing any standard mark. This item so far as it requires the headlamp (including a filament lamp fitted to a headlamp) fitted to a vehicle to bear a particular standard mark (or one of two or more standard marks) shall not apply to headlamps that—
|
7 | Rear-view mirrors |
|
| The provision in column 4 of this item interpreting the dimension requirements shall have effect in relation to an exterior mirror fitted to a motor ambulance or motor caravan, as if—
The requirements of paragraph 2 shall not apply to motor ambulances or motor caravans (in each case) having a maximum gross weight exceeding 3500 kg. An exterior mirror fitted to a motor ambulance or motor caravan shall be treated as complying with the requirements (including marking requirements) of Annex II to Directive 71/127/EEC as last amended by Directive 88/321/EEC or of Part I of ECE Regulation 46.01 of the instruments there mentioned for a Class II mirror Paragraph 4(b)(iii) shall not apply—
|
8 | Anti-theft devices |
| This item shall not apply to vehicles specially constructed (and not merely adapted) for the use of a person suffering from some physical defect or disability. | |
9 | Seat belts |
| For the purposes of this item—
| This item shall not apply to an adult belt fitted to a vehicle if the belt provides a level of safety equivalent to that provided by an adult belt which complies with the requirements of this item as they would otherwise apply to the belt but disregarding paragraph 2(b) and 3(b). |
10 | Seat belt anchorages |
| For the Purposes of this item—
For the purposes of this item, Annex I to Directive 76/l 1 S/EEC Directive shall have effect as if for paragraph 4.4.1 there were substituted—
| Paragraph 3 shall not apply to anchorages which are so located that, when used with an adult belt of a type for which they are intended to be used, they provide a level of safety equivalent to that provided by anchorages that meet the requirements of that paragraph when used with an adult belt of a type for which they are intended. |
11 | Installation of seat belts |
| For the purposes of this item—
| The requirements of paragraphs 1, 2 and 3 shall not apply in relation to a seat fitted to a vehicle which has been specially designed and constructed, or specially adapted for the use of a person suffering from some physical defect or disability if the vehicle is fitted with a disabled person’s belt for that seat. Paragraph 2 shall have effect in relation to motor ambulances and motor caravans as if for “1st April 1987” there were substituted “1st October 1988”. Paragraph 3 shall have effect in relation to motor ambulances and motor caravans as if—
|
12 | Brakes |
| For the purpose of this item—
| Paragraphs 1 to 4 shall not apply to vehicles having not more three wheels, if they comply with the requirements for motor-tricycles in the following provisions of Directive 93/14/EEC—
In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if—
|
13 | Noise and Silencers |
| For the purposes of this item, “S” means the rotational speed at which maximum power is produced. | Paragraph 1 shall not apply to vehicles propelled otherwise than by an internal combustion engine. |
14 | Glass in windscreens and other windows outside | The windows of the vehicle shall be fitted with glazing which complies with the requirements of regulations 31 and 32 of the Construction and Use Regulations to the extent (if any) that they apply to the vehicle. However, side screens may be constructed of safety glazing. | For the purposes of this item, the Construction and Use Regulations shall have effect as if every reference to the date on which a vehicle is first used were a reference to its effective date. For the purposes of this item—
| The requirements of Regulation 32(2), (7) and (10) of the Construction and Use Regulations shall not apply to the glazing fitted to any window of a vehicle which meets the requirements of paragraph 2 or 3 of Schedule 1 to these Regulations if that glazing provides a level of safety equivalent to glazing which complies with the requirements set out in column 3 of this item. |
15 | Seats and their anchorages |
| This item does not apply to seats not intended for normal use while the vehicle is travelling on a road (including seats exempt from Directive 74/408/EEC as last amended by Directive 81/577/EEC). Paragraph 2 shall not apply to a transitional provision vehicle constructed from a kit which-systems
| |
16 | Tyres |
| For the purposes of this item—
| Paragraph 1 shall not apply to a tyre fitted to a relevant vehicle, if the tyre provides a level of safety equivalent to a tyre that meets the requirements of that paragraph. Paragraph 2 shall not apply to a tyre fitted to a relevant vehicle, if the tyre provides a level of safety equivalent to that provided by a tyre that complies with the requirements of that paragraph so far as it relates to BS AU 144e-1988. Paragraph 3 shall not apply to—
|
17 | Interior fittings |
| For the purposes of this item—
| This item shall not apply to a transitional provision vehicle constructed from a kit which—
This item shall not apply to any area inside a motor caravan or a motor ambulance which is not inside the head impact zone for any designated seating position. Paragraph 5 shall not apply to—
Paragraph 7 shall not apply to parts covered with a non-rigid material and the hood-frames of convertible vehicles. For opening roofs, the requirements shall apply to parts, including devices for opening, closing and adjusting the roof, with the roof in the closed position. |
18 | External projections |
| For the purposes of this item—
| Paragraphs 2 to 10 shall not apply to transitional provision vehicles constructed from a kit which—
The second sentence of paragraph 2 shall not apply to—
Paragraph 8 shall not apply to windows of motor ambulances or motor caravans which are located-return
|
19 | Speedometers |
| This item shall not apply to vehicles having a maximum design speed of less than 2.5 | |
20 | Wiper and washer system |
| This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions. | |
21 | Defrosting and demisting system |
| This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions. | |
22 | Fuel input | The vehicle shall be fitted with a fuel tank so constructed that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of not less than 23.6 mm without the aid of a device (such as a funnel) not fitted to the vehicle. | This item shall not apply to vehicles to which paragraph 2(c) or (d) in column 3 of item 4 (exhaust emissions) do not apply. | |
23 | Design weights |
| For the purposes of this item—
| |
24 | General vehicle construction |
|
SCHEDULE 3APPROVAL REQUIREMENTS FOR RELEVANT GOODS VEHICLES
1 | 2 | 3 | 4 | 5 | |
---|---|---|---|---|---|
Item | Subject matter | Requirement | Definitions and supplementary provisions | Exemptions and modifications | |
1 | Exhaust emissions |
| For the purposes of this item—
| Paragraphs 2, 3 and 4 shall not apply to—
Paragraphs 3 and 4(b) shall not apply to vehicles fuelled by natural gas. Paragraph 4(c) shall not apply to vehicles fuelled by liquid petroleum gas or natural gas. Paragraphs 2(a) and (b) and 3 shall not apply to vehicles propelled by a 2-stroke engine. Paragraphs 2(c) and 4 shall not apply to transitional provision vehicles which have been constructed from a kit which—
| |
2 | Smoke emissions | If the vehicle has an effective date on or after 1st August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust shall not exceed—
| For the purposes of this item—
| This item shall not apply to vehicles propelled otherwise than by a compression ignition engine. | |
3 | Noise and silencers |
| For the purposes of this item, “S” means the rotational speed at which maximum power is produced; | Paragraph 1 shall not apply to vehicles propelled otherwise than by an internal combustion engine. | |
4 | Radio-interference suppression |
| This item shall not apply to vehicles propelled otherwise than by a spark ignition engine. Paragraph 2 shall not apply to suppression equipment fitted to vehicles which meet the requirements of either paragraph 2 or paragraph 3 of Schedule 1 to these Regulations. | ||
5 | Brakes |
|
| For the purpose of this item—
| Paragraphs 1 to 4 shall not apply to vehicles having not more than three wheels, if they comply with the requirements for motor-tricycles in the following provisions of Directive 93/14/EEC—
In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if for “70 kg” there were substituted “40 kg”, if a manual control is used to apply the secondary braking. |
6 | Fuel input | The vehicle shall be fitted with a fuel tank so constructed that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of not less than 23.6 mm without the aid of a device (such as a funnel) not fitted to the vehicle. | This item shall not apply to vehicles to which paragraph 2(c) in column 3 of item 1 (exhaust emissions) does not apply. | ||
7 | General vehicle construction |
|
SCHEDULE 4
SCHEDULE 5COMMUNITY INSTRUMENTS AND ECE REGULATIONS
PART IReferences to Community Instruments
1
1
The Directives referred to in these Regulations are set out in Part II of this Schedule; those marked with an asterisk are Commission Directives and the other Directives are Council Directives.
2
A reference in these Regulations to a Directive shown in column 2 of Part II of this Schedule as last amended by a Directive shown in column 3 against that Directive (for example, “Directive 76/l 1/EEC as last amended by Directive 90/629/EEC”) shall be read as follows.
3
The reference shall be read as a reference to the Directive shown in column 2 as amended by the Directives shown in column 3 against that Directive down as far as (and including) the Directive referred to as the last amending Directive.
2
1
For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—
a
that item contains a reference to a Directive (“the base Directive”) not followed by the words “as last amended by”; and
b
the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown against the base Directive in column 3 of Part II of this Schedule.
2
For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—
a
that item contains a reference to a Directive (“the base Directive”) as last amended by another Directive (“the amending Directive”); and;
b
the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown—
i
against the base Directive, and
ii
below the amending Directive in column 3 of Part II of this Schedule.
References to ECE Regulations
3
1
A reference in these Regulations to an ECE Regulation followed by a number which is not itself followed by a full-stop and 2 digits (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which came into force on the date shown against that number in column (4) of Part III of this Schedule.
2
A reference in these Regulations to an ECE Regulation followed by a number which is itself followed by a full-stop and 2 digits (for example “ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of that number with the amendments in force on the date shown against the number in column (4) of Part III of this Schedule.
4
1
For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—
a
that item contains a reference to an ECE Regulation (“the base Regulation”) that is not followed by a full-stop and 2 digits; and
b
the vehicle would comply with that item were there substituted for that reference, a reference to an entry in column (3) of Part III of this Schedule shown against that Regulation.
2
For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—
a
that item contains a reference to an ECE Regulation (“the base Regulation”) that is followed by a full-stop and 2 digits; and
b
the vehicle would comply with that item were there substituted for that reference, a reference
i
against that Regulation, and
ii
below the entry in column (3) of Part III of this Schedule for that ECE Regulation and those 2 digits.
5
In these Regulations, “ECE Regulation” means a Regulation 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 20th March 195810 as amended11 to which the United Kingdom is a party12.
PART IIREFERENCES TO COMMUNITY DIRECTIVES
(1) | (2) | (3) | (4) |
---|---|---|---|
Subject matter of Directive | Principal Directive | Amending Directive | Official Journal reference |
Radio interference suppression | 72/245/EEC | 89/491/EEC* | L152, 6.7.72, p. 15 L238, 15.8.89, p. 43 |
Protective steering | 74/297/EEC | 91/662/EEC* | L165, 20.6.74, p. 16 L366, 31.12.91, p. 1 |
Diesel smoke | 72/306/EEC | L190, 20.8.72, p. 1 | |
Roadworthiness | 77/143/EEC | 88/449/EEC 91/225/EEC 91/328/EEC 92/55/EEC | L47, 18.2.77, p. 47 L222, 12.8.88, p. 10 L103, 24.4.91, p. 3 L178, 6.7.91, p. 29 L225, 10.8.92, p. 68 |
Rear view mirrors | 71/127/EEC | 79/795/EEC* 85/205/EEC* 86/562/EEC* 88/321/EEC* | L68, 22.3.71, p. 1 L239, 22.9.79, p. 1 L90, 29.3.85, p. 1 L327, 02.11.86, p. 49 L147, 14.6.88, p. 77 |
Seat belt anchorages | 76/115/EEC | 81/575/EEC 82/318/EEC* 90/629/EEC* | L24, 30.1.76, p. 6 L209, 29.7.81, p. 30 L139, 19.5.82, p. 9 L341, 6.12.90, p.14 |
Seat belt | 77/541/EEC | 81/576/EEC 82/319/EEC* 90/628/EEC* | L220, 29.8.77, p. 95 L209, 29.7.81, p. 32 L139, 19.5.82, p. 17 L341, 6.12.90, p. 1 |
Braking | 71/320/EEC | 74/132/EEC* 75/524/EEC* 79/489/EEC* 88/194/EEC* 91/422/EEC* | L202, 6.9.71, p. 37 L74, 19.3.74, p. 7 L236, 8.9.75, p. 3 L128, 26.5.79, p. 12 L92, 9.4.88, p. 47 L233, 22.9.91, p. 21 |
Braking of 2/3 wheeled vehicles | 93/14/EEC | L121, 15.5.93, p. 1 | |
Seat strength | 74/408/EEC | 81/577/EEC | L221, 12.8.74, p. 1 L209, 29.7.81, p. 34 |
Tyres | 92/23/EEC | L129, 14.5.92, p. 95 | |
Interior fittings | 74/60/EEC | 78/632/EEC* | L38, 11.2.74, p. 2 L206, 29.7.78, p. 26 |
Forward vision | 77/649/EEC | 81/643/EEC* 88/366/EEC* 90/630/EEC* | L267, 19.10.77, p. 1 L231, 15.8.81, p. 41 L181, 12.7.88, p. 40 L341, 6.12.90, p. 20 |
External projections | 74/483/EEC | 79/488/EEC* | L266, 2.10.74, p. 4 L128, 26.5.79, p. 1 |
Masses and dimensions | 92/21/EEC | 95/48/EC* | L129, 14.5.92, p. 1 L233, 30.9.95, p. 73 |
PART IIIREFERENCES TO ECE REGULATIONS
(1) | (2) | (3) | (4) |
---|---|---|---|
Subject matter of Regulation | ECE Regulation | Amending Series | Date |
Radio interference suppression | 10 | 10.01 | 17 Dec '68 23 June '78 |
Rear reflectors | 3 | 3.01 3.02 | 18 Aug '82 11 July '85 |
Rear view mirrors | 46 | 46.01 | 29 Sept '81 5 Oct '87 |
Tyres | 30 | 30.01 30.02 | 1 April '75 10 Oct '77 21 April '81 |
SCHEDULE 6MEANING OF TRANSITIONAL PROVISION VEHICLE
1
In these Regulations, a vehicle is a “transitional provision vehicle” if—
a
it meets the requirements of paragraph 3 of Schedule 1 to these Regulations;
b
an application in respect of the vehicle has been made under regulation 7 for a Minister’s approval certificate under section 58(1) of the 1988 Act before the 1st January 2000; and
c
one of the following requirements is for the time being satisfied with respect to it.
2
Those requirements are that—
a
the application has either not been finally disposed of or has been granted (whether on appeal or otherwise);
b
the application has been refused, the period of three months beginning with the date of the refusal has not expired and no further application has been made by the same applicant in respect of the vehicle;
c
the application has been refused, a further application under regulation 7 has been made by the same applicant in respect of the vehicle within the period of three months beginning with the date of the refusal and that further application has either not been finally disposed of or has been granted (whether on appeal or otherwise).
3
For the purposes of this Schedule—
a
a reference to an application being finally disposed of is a reference to the earliest date by which the time limit for appealing has expired and any appeal brought within that time has been determined, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment; and
b
a reference to an appeal is a reference to an appeal under section 60 of the 1988 Act.
(This note is not part of the Regulations)