The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986).

Regulation 3 inserts a new regulation 86B in relation to the use of a light passenger vehicle, first used on or after 1st August 1998 and in respect of which an EC certificate of conformity has effect under the terms of European Whole Vehicle Type Approval, if it is fitted with any mechanical coupling device.

The effect of the new regulation is to make it unlawful to use or cause or permit such a vehicle to be used on a road unless any mechanical coupling device attached to it complies with the relevant technical, installation and marking requirements of Directive 94/20/EC of the European Parliament and of the Council relating to mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles.

For the purposes of the new provision, the terms “light passenger vehicle” and “EC certificate of conformity” have the same meaning as in Part II of the Road Traffic Act 1988 and in a case where a vehicle is drawing a trailer, a mechanical coupling device shall not be regarded as being attached to the vehicle if it forms part of the trailer.

Regulation 4 makes a consequential amendment to Table I of Schedule 2 to the 1986 Regulations.

A copy of Directive 94/20/EC (O.J. No. L195, 29.7.94, p.1) can be obtained from the Stationery Office.