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Statutory Instruments

2003 No. 1998

ROAD TRAFFIC

The Road Vehicles (Authorisation of Special Types) (General) Order 2003

Made

4th August 2003

Coming into force

25th August 2003

The Secretary of State for Transport, in exercise of the powers conferred upon him by section 44 of the Road Traffic Act 1988(1), hereby make the following Order:

PART 1GENERAL

Preliminary

Citation and commencement

1.—(1) This Order may be cited as the Road Vehicles (Authorisation of Special Types) (General) Order 2003.

(2) Except as stated in paragraph (3), this Order comes into force on 25th August 2003.

(3) Paragraphs 15 to 18 of Schedule 2 come into force on 1st December 2004.

Revocation

2.  The following instruments are revoked—

(a)Motor Vehicles (Authorisation of Special Types) General Order 1979(2);

(b)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1984(3);

(c)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1986(4);

(d)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1987(5);

(e)Motor Vehicles (Authorisation of Special Types) (Amendment) (No 2) Order 1987(6);

(f)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1989(7);

(g)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1995(8);

(h)Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998(9);

(i)Motor Vehicles (Authorisation of Special Types) (Amendment) (No 2) Order 1998(10).

Interpretation

Interpretation: general

3.—(1) In this Order—

“abnormal indivisible load” has the meaning given in paragraph 2 of Schedule 1 to this Order;

“abnormal indivisible load vehicle” has the meaning given in paragraph 3 of Schedule 1 to this Order;

“agricultural motor vehicle”, “agricultural trailer” and “agricultural trailed appliance” have the meaning given in article 19(3);

AILV” has the meaning given in Schedule 1;

“articulated vehicle” has the same meaning as in the Construction and Use Regulations;

“authorisation requirements” has the meaning given in article 9(2);

“axle” has the meaning given in article 7(1);

“axle weight” has the meaning given in article 7(1);

“the Authorised Weight Regulations” means the Road Vehicles (Authorised Weight) Regulations 1998(11);

“chief officer of police”—

(a)

in relation to England and Wales, has the same meaning as in the Police Act 1996(12); and

(b)

in relation to Scotland, has the same meaning as in the Police (Scotland) Act 1967(13);

“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(14);

“engineering plant” has the meaning given in paragraph 2 of Schedule 3 to this Order;

“foremost point”, in relation to a vehicle, has the meaning given in article 4(3);

“forward projection”, in relation to a load carried on a vehicle, has the meaning given in article 6(1);

“gross weight”—

(a)

in relation to a motor vehicle, means the sum of the weights transmitted to the road surface by all the wheels of the vehicle; and

(b)

in relation to a trailer, means the sum of—

(i)

the weights transmitted to the road surface by all the wheels of the trailer; and

(ii)

any weight of the trailer imposed on the towing vehicle;

“group of axles” has the meaning given in article 7(1);

“lateral projection”, in relation to a load carried on a vehicle, has the meaning given in article 5(1);

“the Lighting Regulations” means the Road Vehicles Lighting Regulations 1989(15);

“local excavation vehicle” has the meaning given in paragraph 1 of Schedule 10 to this Order;

“mobile crane” has the meaning given in paragraph 2 of Schedule 2 to this Order;

“motor vehicle of category N3” means a motor vehicle of category N3 (motor vehicles over 12,000 kilograms maximum weight), as defined in Annex II of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(16);

“motorway” means a special road which—

(a)

in England or Wales (except as otherwise provided by or under regulations made under, or having effect as if made under, section 17 of the Road Traffic Regulation Act 1984(17)) can be used by traffic only of Class I or II as specified in Schedule 4 to Highways Act 1980(18): or

(b)

in Scotland can be used by traffic only of Class I or Class II as specified in Schedule 3 to the Roads (Scotland) Act 1984(19);

“overall length”, in relation to a vehicle, has the meaning given in article 4(2);

“overall width”, in relation to a vehicle, has the meaning given in article 4(1);

“Part 2 vehicle” has the meaning given in article 10(2);

“Part 2 vehicle-combination” has the meaning given in article 10(3);

“pneumatic tyre” has the same meaning as in the Construction and Use Regulations;

“rearmost point”, in relation to a vehicle, has the meaning given in article 4(4);

“rearward projection”, in relation to a load carried on a vehicle, has the meaning given in article 6(2);

“recognised category of special vehicles” has the meaning given in article 8(2);

“road recovery vehicle” has the meaning given in paragraph 1 of Schedule 4 to this Order;

“special type agricultural vehicle” has the meaning given in article 19(2);

“track-laying”, in relation to a vehicle, has the same meaning as in the Construction and Use Regulations;

“trailer of category O4” means a trailer of category O4 (trailers over 10,000 kilograms maximum weight), as defined in Annex II of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers;

“vehicle-combination” means a motor vehicle towing one or more trailers, any trailer or trailers towed by it and any other motor vehicle used for the purpose of assisting the propulsion of the trailer or trailers on the road;

“warning beacon” has the same meaning as in the Lighting Regulations;

“wheel” is to be construed in accordance with article 7(2) and (3);

“wheeled”, in relation to a vehicle, means a vehicle so constructed that the whole weight of the vehicle is transmitted to the road surface by means of wheels;

“wheel-track combination vehicle” has the meaning given in paragraph 1 of Schedule 3; and

“wheel weight” has the meaning given in article 7(1).

(2) In this Order, any reference to a motor vehicle towing a trailer in an offset manner is a reference to the vehicle towing the trailer so that the longitudinal axis of the trailer and the longitudinal axis of the towing vehicle are parallel but lie in different vertical planes.

(3) For the purposes of any provision of this Order requiring a person to do something within a specified number of days, no account is to be taken of any day which is a Saturday, a Sunday or a public holiday in any part of Great Britain.

Interpretation: vehicles and their measurement

4.—(1) In this Order “overall width”, in relation to any vehicle, has the same meaning as in the Construction and Use Regulations.

(2) In this Order “overall length”—

(a)in relation to a single vehicle, has the same meaning as in the Construction and Use Regulations;

(b)in relation to a vehicle-combination, means the distance between the foremost point of the towing vehicle and the rearmost point of the rearmost vehicle, measured when the longitudinal axis of each vehicle in the combination lies in the same vertical plane.

(3) In this Order “foremost point”, in relation to any vehicle, means the foremost point from which its overall length is calculated when applying the definition of overall length contained in regulation 3(2) of the Construction and Use Regulations.

(4) In this Order “rearmost point”, in relation to any vehicle, means the rearmost point from which its overall length is calculated when applying the definition of overall length contained in regulation 3(2) of the Construction and Use Regulations.

(5) In this Order—

(a)any reference to the distance between vehicles bearing the weight of a load is a reference to the distance between the nearest points of any two adjacent vehicles by which each load is carried, measured when the longitudinal axis of each vehicle lies in the same vertical plane; and

(b)in determining the nearest point of two vehicles, any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other (and any fitting designed for use in connection with any such part) is to be disregarded.

Interpretation: lateral projections of loads and their measurement

5.—(1) In this Order “lateral projection”, in relation to a load carried on a vehicle, means that part of the load which extends beyond a side of the vehicle.

(2) For the purposes of this Order, the width of any lateral projection is to be measured between longitudinal planes passing through the extreme projecting point of the vehicle on that side of the vehicle on which the projection lies and that part of the projection furthest from that point.

(3) The reference in paragraph (2) to the extreme projecting point of a vehicle is to the point of the vehicle from which its overall width is calculated when applying the definition of overall width contained in regulation 3(2) of the Construction and Use Regulations.

Interpretation: forward or rearward projections of loads and their measurement

6.—(1) In this Order “forward projection”, in relation to a load carried on a vehicle, means—

(a)where the weight of the load is carried on a single vehicle, that part of the load that extends beyond the foremost point of the vehicle;

(b)where the weight of the load is carried on more than one vehicle, that part of the load that extends beyond the foremost point of the foremost vehicle on which the load is carried.

(2) In this Order “rearward projection”, in relation to a load carried on a vehicle, means—

(a)where the weight of the load is carried on a single vehicle, that part of the load that extends beyond the rearmost point of the vehicle;

(b)where the weight of the load is carried on more than one vehicle, that part of the load that extends beyond the rearmost point of the rearmost vehicle on which the load is carried.

(3) For the purposes of paragraphs (1) and (2), where a crane or other special appliance or apparatus is fitted to a vehicle so as to constitute a permanent (or essentially permanent) feature of it—

(a)any part of that crane, appliance or apparatus that extends forwards beyond the foremost point of the vehicle (or, as the case may be, beyond the foremost point of the foremost vehicle by which its weight is carried) is to be treated as a forward projection; and

(b)any part of that crane, appliance or apparatus that extends rearwards beyond the rearmost point of the vehicle (or, as the case may be, beyond the rearmost point of the rearmost vehicle by which its weight is carried) is to be treated as a rearward projection.

(4) In determining the foremost or rearmost point of a vehicle, any part of a crane or other special appliance or apparatus is to be disregarded.

(5) For the purposes of this Order, the length of any forward projection or rearward projection is to be measured between transverse planes passing—

(a)in the case of a forward projection, through the foremost point of the vehicle and that part of the projection furthest from that point;

(b)in the case of a rearward projection, through the rearmost point of the vehicle and that part of the projection furthest from that point.

Interpretation: axles, wheels, axle weights and wheel weights

7.—(1) In this Order—

“axle” means any number of wheels in a transverse line;

“axle weight” means the sum of the weights transmitted to the road surface by all the wheels of any one axle;

“group of axles” means a group of two or more axles that are so linked together that the load applied to one axle is applied to the other; and

“wheel weight” means the weight transmitted to the road surface by any one wheel of an axle.

(2) For the purposes of this Order, any reference to a wheel of a vehicle is a reference to a wheel, the tyre or rim of which is, when the vehicle is in motion on a road, in contact with the ground.

(3) For the purposes of this Order, any two wheels of a vehicle are to be treated as one wheel if their centres of contact with the road are less than 460 millimetres apart.

(4) For the purposes of this Order, any wheels, or lines of wheels, whose centres can be contained between two transverse lines less than 0.5 metre apart are to be treated as one axle.

(5) For the purposes of this Order, the distance between any two axles of a vehicle or vehicle-combination is to be taken as the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

Authorisation of certain vehicles for use on roads

Application of this Order

8.—(1) This Order applies only to motor vehicles or trailers—

(a)that do not comply in all respects with the standard construction and use requirements; and

(b)that fall within a recognised category of special vehicles.

(2) In this Order “recognised category of special vehicles” means a description of vehicles that is stated by a provision of this Order to be a recognised category of special vehicles.

(3) In paragraph (1), “standard construction and use requirements”, in relation to a motor vehicle or trailer, means the requirements of such of the regulations made under section 41 of the Road Traffic Act 1988(20) as would, apart from this Order, apply to that motor vehicle or trailer.

Authorisation of particular vehicles falling within recognised category of special vehicles

9.—(1) A vehicle that falls within a recognised category of special vehicles is authorised to be used on roads by virtue of this Order if (but only if) it complies with the authorisation requirements applicable to vehicles in that category.

(2) In this Order “authorisation requirements”, in relation to a recognised category of special vehicles—

(a)means all the requirements specified in this Order as being applicable to vehicles in that category; and

(b)includes such of the requirements of regulations made under section 41 of the Road Traffic Act 1988 as are specified in this Order as being applicable to vehicles in that category (subject to any modifications or exceptions so specified).

(3) Where any provision of this Order specifies any of the regulations mentioned in paragraph (2)(b) as being applicable to any recognised category of special vehicles, that provision is not to be construed as applying any requirement of those regulations to a vehicle in that category if that requirement may reasonably be regarded, in all the circumstances, as not relevant to the vehicle in question (for example, if the requirement relates to trailers and the vehicle in question is not a trailer).

PART 2SPECIAL VEHICLES FOR HAULAGE, LIFTING, ENGINEERING AND VEHICLE RECOVERY

Part 2 vehicles and Part 2 vehicle-combinations: recognised categories and defined terms

10.—(1) The following are recognised categories of special vehicles—

(a)abnormal indivisible load vehicles;

(b)mobile cranes;

(c)engineering plant;

(d)road recovery vehicles.

(2) A vehicle that falls within any recognised category of special vehicles mentioned in paragraph (1) is referred to in this Order as a Part 2 vehicle.

(3) In this Order, a “Part 2 vehicle-combination” means—

(a)in the case of a road recovery vehicle, a vehicle-combination which consists of one motor vehicle of category N3 together with one trailer of category O4; or

(b)in any other case, a vehicle-combination which consists of, or includes, one motor vehicle (whether or not it is a Part 2 vehicle) together with one trailer that is a Part 2 vehicle.

(4) The categories of vehicles specified in sub-paragraph (a), (b), (c) or (d) of paragraph (1) are defined in Schedules 1 to 4 respectively.

Part 2 vehicles and Part 2 vehicle-combinations: authorisation requirements

11.—(1) The authorisation requirements applicable to Part 2 vehicles or Part 2 vehicle-combinations are—

(a)as respects any vehicle or vehicle-combination falling within Schedule 1, 2, 3 or 4, the requirements specified in the Schedule in question; and

(b)as respects all such vehicles or vehicle-combinations, the requirements specified in articles 12 to 18.

(2) But the requirements specified in articles 12 to 17 do not apply to a mobile crane or road recovery vehicle in any case where—

(a)a civil emergency or road traffic accident has occurred;

(b)as a result, there is a danger to the public;

(c)the owner or user of the crane or vehicle has received a request made by the police for the vehicle to be used for the purposes of immediate clearance of an area affected by the emergency or accident;

(d)the crane or vehicle is used on roads within 24 hours of receipt of the request; and

(e)it is not reasonably practicable to comply with the requirements of those articles.

(3) Nothing in this article prevents a motor vehicle which falls within the definition of a mobile crane in paragraph 2 of Schedule 2, but which does not comply in all respects with the authorisation requirements for mobile cranes specified in that Schedule, from complying instead with the authorisation requirements for engineering plant specified in Schedule 3 provided that the motor vehicle in question also falls within the definition of engineering plant in paragraph 2 of that Schedule.

(4) For the purposes of this Order, a motor vehicle that complies with the authorisation requirements for engineering plant in the manner described in paragraph (3) is to be treated as engineering plant.

Length and width of vehicle and projections of load

Length: police notification and attendants

12.—(1) Where either of the length limits set out in paragraph (2) or (3) is exceeded in relation to a Part 2 vehicle or Part 2 vehicle-combination, the user of the vehicle or vehicle-combination must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used;

(b)ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule; and

(c)ensure that the vehicle or vehicle-combination is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.

(2) The first length limit is exceeded where the overall length of any single rigid unit together with the length of any forward or rearward projection of any load carried on the unit exceeds 18.75 metres.

(3) The second length limit is exceeded where the overall length of a Part 2 vehicle-combination exceeds 25.9 metres.

(4) The reference to a single rigid unit is a reference to—

(a)a single vehicle, whether or not included in a Part 2 vehicle-combination; or

(b)any two or more vehicles comprising or included in a Part 2 vehicle-combination which together bear the weight of one or more loads in such a way that, at all times when the vehicles are moving, the longitudinal axis of each vehicle lies in the same vertical plane.

Forward and rearward projections: police notification

13.—(1) This article applies where a Part 2 vehicle or Part 2 vehicle-combination is to carry a load and the length of any forward or rearward projection of the load exceeds 3.05 metres.

(2) The user of the Part 2 vehicle or Part 2 vehicle-combination must, unless he has already notified the police under article 12(1)(a)—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and

(b)ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule.

Forward and rearward projections: attendants

14.—(1) If paragraph (2) or (3) applies, the user of a Part 2 vehicle or Part 2 vehicle-combination must ensure that the vehicle or vehicle-combination is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.

(2) This paragraph applies where a Part 2 vehicle or Part 2 vehicle-combination is carrying a load and the length of any forward projection of the load exceeds 2 metres.

(3) This paragraph applies where a Part 2 vehicle or Part 2 vehicle-combination is carrying a load and the length of any rearward projection of the load exceeds 3.05 metres.

Width and lateral projections: police notification, Secretary of State notification and attendants

15.—(1) This article applies to a Part 2 vehicle or vehicle in a Part 2 vehicle-combination in respect of which one or more of the following width limits are exceeded—

(a)the first width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it is 3 metres or less but the length of any lateral projection of a load carried on it exceeds 305 millimetres;

(b)the second width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 3 metres;

(c)the third width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 3.5 metres;

(d)the fourth width limit is exceeded where the overall width of the vehicle together with the width of any lateral projection or projections of any load carried on it exceeds 5 metres.

(2) Paragraphs (3), (4) and (5) apply cumulatively.

(3) Where the first or second width limit is exceeded, the user of the vehicle must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(4) Where the third width limit is exceeded, the user of the vehicle must ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.

(5) Where the fourth width limit is exceeded, the user of the vehicle must—

(a)before the start of any journey, obtain in accordance with Schedule 7 the written consent of the Secretary of State; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

Visibility and marking of forward, rearward and lateral projections of loads etc

16.  Schedule 8 (which makes provision as to the visibility and marking of projections exceeding a certain length or width) applies in relation to loads carried on a Part 2 vehicle or Part 2 vehicle-combination.

Weight of vehicle and load

Weight: police notification and road and bridge authority notification and indemnity

17.—(1) In a case falling within paragraph (2), the user of a Part 2 vehicle or Part 2 vehicle-combination must before the start of any journey—

(a)notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which the vehicle or vehicle-combination is to be used; and

(b)give to each authority an indemnity in the form specified in Part 2 of that Schedule.

(2) A case falls within this paragraph where—

(a)the total weight of the Part 2 vehicle or Part 2 vehicle-combination (whether it is unladen or wholly or partly laden) exceeds 44,000 kilograms; or

(b)the vehicle or vehicle-combination does not comply in all respects with—

(i)the requirements of Schedule 3 to the Authorised Weight Regulations (axle weights); or

(ii)if that Schedule does not apply to it, the equivalent provisions of the Construction and Use Regulations.

(3) In a case falling within paragraph (4), the user of the Part 2 vehicle or Part 2 vehicle-combination must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(4) A case falls within this paragraph if the total weight of the Part 2 vehicle or Part 2 vehicle-combination (whether it is unladen or wholly or partly laden) exceeds 80,000 kilograms.

(5) Paragraphs (1) and (3) apply cumulatively.

Use on bridges

18.—(1) The driver of a Part 2 vehicle or Part 2 vehicle-combination must not cause or permit any part of his vehicle (or any part of any vehicle in the vehicle-combination he is driving) to enter on a bridge if he knows that the whole or part of another such vehicle or vehicle-combination is already on the bridge or if he could reasonably be expected to ascertain that fact.

(2) Except in circumstances beyond his control, the driver of a Part 2 vehicle or Part 2 vehicle-combination must not cause or permit the Part 2 vehicle, or any vehicle in the vehicle-combination, to remain stationary on any bridge.

(3) If a Part 2 vehicle or Part 2 vehicle-combination that falls within article 17(2) or (4) is caused to stop on a bridge for any reason, the driver of the vehicle or vehicle-combination must ensure—

(a)that the vehicle or vehicle-combination is moved clear of the bridge as soon as practicable; and

(b)that no concentrated load is applied to the surface on that part of the road carried by the bridge.

(4) But where the action described in paragraph (3)(a) or (b) is not practicable and it becomes necessary to apply any concentrated load to the road surface by means of jacks, rollers or other similar means, the driver or other person in charge of the vehicle or vehicle-combination must—

(a)before the load is applied to the road surface, seek advice from the authority (within the meaning of Schedule 9) responsible for the maintenance of the bridge about the use of spreader plates to reduce the possibility of damage caused by the application of the load; and

(b)ensure that no concentrated load is applied without using spreader plates in accordance with any advice received.

(5) References to the driver of a Part 2 vehicle-combination are references to the driver of the foremost motor vehicle in the vehicle-combination.

PART 3SPECIAL VEHICLES FOR AGRICULTURE

Agricultural vehicles: recognised categories and defined terms

19.—(1) The following are recognised categories of special vehicles—

(a)agricultural motor vehicles;

(b)agricultural trailers;

(c)agricultural trailed appliances.

(2) A vehicle that falls within any recognised category of special vehicles mentioned in paragraph (1) is referred to in this Order as a special type agricultural vehicle.

(3) In this Order—

“agricultural motor vehicle” means a motor vehicle (not being a dual purpose vehicle) which—

(a)

is constructed or adapted for use off-road for the purpose of agriculture, horticulture or forestry; and

(b)

is primarily used for one or more of those purposes;

“agricultural trailer” has the same meaning as in the Construction and Use Regulations; and

“agricultural trailed appliance” has the same meaning as in the Construction and Use Regulations.

(4) In the definition of “agricultural motor vehicle” in paragraph (3), “dual purpose vehicle” has the same meaning as in the Construction and Use Regulations.

Agricultural vehicles: authorisation requirements

20.  The authorisation requirements applicable to special type agricultural vehicles are—

(a)the requirements specified in articles 21 to 27;

(b)the Construction and Use Regulations, apart from—

(i)regulation 8 (width);

(ii)paragraph (1) of regulation 75, in so far as that paragraph relates to item 13 or 15 of the Table referred to in it (maximum permitted laden weight of track-laying motor vehicles); and

(iii)regulation 82 (restrictions on vehicles carrying wide or long loads or having fixed appliance or apparatus);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

General requirements as to construction and use

21.—(1) A special type agricultural vehicle that is a track-laying motor vehicle may be used on roads only if the tracks operate on rubber or an alternative composite material that does not damage the road surface.

(2) The overall width of a special type agricultural vehicle together with the width of any lateral projection or projections of any load carried on it must not exceed 4.3 metres.

(3) For the purposes of paragraph (2)—

(a)the overall width of a special type agricultural vehicle that is a motor vehicle towing an agricultural trailer or agricultural trailed appliance in an offset manner, is to be taken as the overall width of the motor vehicle and trailer (or trailed appliance) measured as if they were one vehicle; and

(b)where any agricultural implement is rigidly (but not permanently) mounted on a special type agricultural vehicle, any part of the implement that extends beyond a side of the vehicle is to be treated as a lateral projection, regardless of whether any part of the weight of the implement is transmitted to the surface of the road otherwise than by the wheels or tracks of the vehicle.

(4) The gross weight of a special type agricultural motor vehicle that is a track-laying vehicle, together with the weight of any load carried on it, must not exceed 30,000 kilograms.

(5) All spikes, cutting blades or other protruding sharp appliances that are fitted to or mounted on a special type agricultural vehicle must be removed or effectively guarded so that no danger is caused (or likely to be caused) to any person.

(6) A special type agricultural vehicle must not at any time travel at speeds exceeding—

(a)20 miles per hour in any case where the overall width of the vehicle is more than 2.55 metres but less than 3.5 metres;

(b)12 miles per hour in any case where the overall width is 3.5 metres or more.

Restrictions on towing of trailers

22.—(1) This article applies in any of the following cases to a special type agricultural vehicle that is a motor vehicle:

(2) The special type agricultural vehicle must not either tow any trailer (where the vehicle falls within Case 1) or tow any other trailer (where the vehicle falls within Case 2 or 3), apart from a trailer that is of a description permitted by paragraph (3).

(3) The trailers permitted by this paragraph are—

(a)a two wheeled trailer used solely for the carriage of equipment for use on the towing vehicle;

(b)an agricultural trailed appliance; or

(c)an unladen trailer specially designed for use with the towing vehicle when it is harvesting.

Forward and rearward projections: police notification, Secretary of State notification and attendants

23.—(1) Paragraphs (2), (3) and (4) apply cumulatively.

(2) Where a special type agricultural vehicle is to carry a load and the length of any forward or rearward projection of the load exceeds 4 metres, the user of the vehicle must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the special type agricultural vehicle is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(3) Where a special type agricultural vehicle is carrying a load and the length of any forward or rearward projection of the load exceeds 6 metres, the user of the vehicle must ensure that the vehicle is accompanied during any journey by one or more attendants employed in accordance with Schedule 6.

(4) Where the length of any rearward projection of a load exceeds 12 metres, the user of the vehicle must—

(a)before the start of any journey, obtain in accordance with Schedule 7 the written consent of the Secretary of State; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(5) Where any agricultural implement is rigidly (but not permanently) mounted on a special type agricultural vehicle—

(a)any part of the implement that extends forwards beyond the foremost point of the vehicle is to be treated as a forward projection; and

(b)any part of the implement that extends rearwards beyond the rearmost point of the vehicle is to be treated as a rearward projection;

regardless of whether any part of the weight of the implement is transmitted to the surface of the road otherwise than by the wheels or tracks of the vehicle.

(6) In determining for the purposes of paragraph (5) the foremost or rearmost point of a special type agricultural vehicle, any part of the agricultural implement is to be disregarded.

Width: police notification and attendants

24.—(1) “Width”, in relation to a special type agricultural vehicle, means whichever is the greater of—

(a)the overall width of the vehicle; and

(b)the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.

(2) Paragraphs (4) and (5) apply cumulatively.

(3) Paragraph (4) applies where the width of a special type agricultural vehicle exceeds 3 metres and—

(a)there is a speed limit of 40 miles per hour or less on any road on which the vehicle is to be used; or

(b)the length of the journey to be made by the vehicle exceeds 5 miles.

(4) The user of the vehicle must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the special type agricultural vehicle is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(5) Where the width of the vehicle exceeds 3.5 metres, the user of the vehicle must ensure that the vehicle is accompanied during any journey by one or more attendants employed in accordance with Schedule 6.

Visibility and marking of forward, rearward and lateral projections

25.  Schedule 8 (which makes provision as to the visibility and marking of projections exceeding a certain length or width) applies in relation to loads carried on a special type agricultural vehicle.

Track-laying agricultural motor vehicles: road and bridge authority notification and indemnity

26.—(1) This article applies to a special type agricultural vehicle that is a track-laying motor vehicle that does not comply with paragraph (1) of regulation 75 of the Construction and Use Regulations, in so far as that paragraph relates to item 13 or 15 of the Table referred to in it (maximum permitted laden weight of track-laying motor vehicles).

(2) Before the start of any journey, the user of the vehicle must—

(a)notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle is to be used; and

(b)give to each authority an indemnity in the form specified in Part 2 of that Schedule.

Track-laying agricultural motor vehicles: use on bridges

27.—(1) This article applies to a special type agricultural vehicle to which article 26 applies.

(2) If the special type agricultural vehicle is caused to stop on a bridge for any reason, the driver of the vehicle must ensure—

(a)that the vehicle is moved clear of the bridge as soon as practicable; and

(b)that no concentrated load is applied to the surface on that part of the road carried by the bridge.

(3) But where the action described in paragraph (2)(a) or (b) is not practicable and it becomes necessary to apply any concentrated load to the road surface by means of jacks, rollers or other similar means, the driver or other person in charge of the vehicle must—

(a)before the load is applied to the road surface, seek advice from the authority (within the meaning of Schedule 9) responsible for the maintenance of the bridge about the use of spreader plates to reduce the possibility of damage caused by the application of the load; and

(b)ensure that no concentrated load is applied without using spreader plates in accordance with any advice received.

PART 4OTHER SPECIAL VEHICLES REQUIRING NOTIFICATIONS OR ATTENDANTS

Vehicles carrying loads of exceptional width

Motor vehicles or trailers carrying loads of exceptional width: recognised category

28.—(1) Motor vehicles or trailers that are used for, or in connection with, the carriage of a load exceptional width are a recognised category of special vehicles.

(2) A vehicle carries a load of exceptional width where the overall width of the vehicle carrying a load, together with the width of any lateral projection or projections of the load, exceeds 4.3 metres.

Motor vehicles or trailers carrying loads of exceptional width: authorisation requirements

29.  The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in article 28(1) are—

(a)the requirements specified in articles 30 and 31;

(b)the Construction and Use Regulations, apart from regulation 82(1) and (2);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

Motor vehicles or trailers carrying loads of exceptional width: restrictions on width and speed

30.—(1) The overall width of a vehicle falling within the recognised category of special vehicles mentioned in article 28(1), together with the width of any lateral projection or projections of the load carried on it, must not exceed 6.1 metres.

(2) The vehicle must not travel at speeds exceeding—

(a)40 miles per hour on a motorway;

(b)35 miles per hour on a dual carriageway;

(c)30 miles per hour on any other road.

(3) Nothing in this article is to be taken to authorise travel at any speed in excess of any speed restriction imposed by or under any other enactment.

Motor vehicles or trailers carrying loads of exceptional width: requirements as to width

31.—(1) “Width”, in relation to a vehicle falling within the recognised category of special vehicles mentioned in article 28(1), means the overall width of the vehicle together with the width of any lateral projection or projections of the load carried on it.

(2) Paragraphs (3) and (4) apply cumulatively.

(3) The user of any vehicle falling within the recognised category of special vehicles mentioned in article 28(1) must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used;

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule; and

(c)ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.

(4) Where the width of the vehicle exceeds 5 metres, the user of the vehicle must—

(a)before the start of any journey obtain the written consent of the Secretary of State in accordance with Schedule 7; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

Local excavation vehicles

Local excavation vehicles: recognised category

32.—(1) Local excavation vehicles are a recognised category of special vehicles.

(2) Local excavation vehicles are defined in paragraph 1 of Schedule 10.

Local excavation vehicles: authorisation requirements

33.  The authorisation requirements applicable to local excavation vehicles are—

(a)the requirements specified in articles 34 and 35; and

(b)the requirements specified in Schedule 10.

Local excavation vehicles: requirements as to width

34.—(1) “Width”, in relation to a local excavation vehicle, means whichever is the greater of—

(a)the overall width of the vehicle; and

(b)the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.

(2) Paragraphs (3) to (5) apply cumulatively.

(3) Where the width of a local excavation vehicle exceeds 3 metres, the user of the vehicle must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

(4) Where the width of the vehicle exceeds 3.5 metres, the user of the vehicle must ensure that the vehicle is accompanied during the journey by one or more attendants employed in accordance with Schedule 6.

(5) Where the width of the vehicle exceeds 5 metres, the user of the vehicle must—

(a)before the start of any journey obtain the written consent of the Secretary of State in accordance with Schedule 7; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

Local excavation vehicles: requirements as to weight

35.—(1) This article applies to a local excavation vehicle—

(a)which does not comply with the requirements of the Authorised Weight Regulations; or

(b)if those Regulations do not apply to it, which does not comply with the requirements of regulations 75 to 79 of the Construction and Use Regulations.

(2) Before the start of any journey, the user of the vehicle must—

(a)notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle is to be used; and

(b)give to each authority an indemnity in the form specified in Part 2 of that Schedule.

Vehicles for tests, trials or non-UK use etc

Vehicles for tests, trials or non-UK use etc: recognised category

36.—(1) The following are recognised categories of special vehicles—

(a)any motor vehicle or trailer which is constructed for use outside the United Kingdom;

(b)any type of motor vehicle or trailer which is constructed for use outside the United Kingdom;

(c)any new or improved type of motor vehicle or trailer which is constructed for tests or trials;

(d)any motor vehicle or trailer which is equipped with new or improved equipment;

(e)any motor vehicle or trailer which is equipped with new or improved types of equipment.

(2) Paragraph (1) does not include—

(a)any motor vehicle or trailer which is not a wheeled vehicle; or

(b)any motor vehicle or trailer which is, or forms part of, a recognised category of special vehicles specified in sub-paragraph (a), (b), (c) or (d) of article 10(1).

Vehicles for tests, trials or non-UK use etc: authorisation requirements

37.  The authorisation requirements applicable to vehicles falling within any of the recognised categories of special vehicles mentioned in article 36(1) are—

(a)the requirements specified in articles 38 to 40; and

(b)the requirements specified in Schedule 11.

Vehicles for tests, trials or non-UK use etc: requirements as to length

38.—(1) This article applies to—

(a)a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1), where the overall length of the vehicle exceeds the overall length permitted for that description of vehicle under regulation 7 of the Construction and Use Regulations; and

(b)a vehicle-combination, being a combination that includes one or more motor vehicles or trailers that fall within any of those recognised categories of special vehicles, where the overall length of the vehicle-combination exceeds the overall length for that combination permitted under regulation 7 of the Construction and Use Regulations.

(2) The user of the vehicle or vehicle-combination must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and

(b)ensure that the vehicle or vehicle-combination is used in accordance with the requirements of that Schedule.

Vehicles for tests, trials or non-UK use etc: requirements as to width

39.—(1) “Width”, in relation to a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1), means whichever is the greater of—

(a)the overall width of the vehicle; and

(b)the overall width of the vehicle together with the width of any lateral projection or projections of a load carried on it.

(2) Where the width of a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1) exceeds 3 metres, the user of the vehicle must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

Vehicles for tests, trials or non-UK use etc: requirements as to weight

40.—(1) This article applies to a vehicle which is, or a vehicle-combination which includes, a vehicle falling within any of the recognised categories of special vehicles mentioned in article 36(1) and which—

(a)does not comply with the requirements of the Authorised Weight Regulations; or

(b)if those Regulations do not apply to it, does not comply with the requirements of regulations 75 to 79 of the Construction and Use Regulations.

(2) Before the start of any journey, the user of the vehicle or vehicle-combination must—

(a)notify in accordance with Part 1 of Schedule 9 the authority (within the meaning of that Schedule) for each road or bridge on which vehicle or vehicle-combination is to be used; and

(b)give to each authority an indemnity in the form specified in Part 2 of that Schedule.

Track-laying vehicles

Track-laying vehicles: recognised category

41.—(1) Track-laying motor vehicles or trailers are a recognised category of special vehicles.

(2) Paragraph (1) does not include any track-laying vehicle that falls within any other recognised category of special vehicles.

Track-laying vehicles: authorisation requirements

42.  The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in article 41(1) are—

(a)the requirements specified in articles 43 and 44;

(b)regulation 100 of the Construction and Use Regulations (maintenance and use so as not to be a danger);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

Track-laying vehicles: restrictions on use

43.—(1) A vehicle falling within the recognised category of special vehicles mentioned in article 41 (1) may only be used for—

(a)demonstration;

(b)proceeding to the nearest suitable railway station for conveyance to a port for shipment; or

(c)where no suitable railway facilities are available, proceeding to a port for shipment.

(2) The vehicle must not be used for hire or reward.

(3) The vehicle must not be used in such a way as to cause a danger of injury to any person by reason of—

(a)the condition of the vehicle, its accessories or equipment;

(b)the purpose for which it is used;

(c)the number of passengers carried by it;

(d)the manner in which such passengers are carried;

(e)the weight, position or distribution of any load carried on the vehicle; or

(f)the manner in which any such load is secured.

Track-laying vehicles: consent of road authorities

44.—(1) Before the start of any journey, the user of a vehicle falling within the recognised category of special vehicles mentioned in article 41(1) must obtain from the road authority for each road on which the vehicle is to be used that authority’s written consent to the vehicle being used on roads for which it is responsible.

(2) “Road authority”, in relation to any road, means the highway authority for that road.

Straddle carriers

Straddle carriers: recognised category

45.  Straddle carriers are a recognised category of special vehicles.

Straddle carriers: authorisation requirements

46.  The authorisation requirements for straddle carriers are—

(a)the requirements specified in article 47;

(b)the Construction and Use Regulations apart from—

(i)regulation 7 (length);

(ii)regulation 8 (width);

(iii)regulation 11 (overhang);

(iv)regulation 16(4) (braking systems);

(v)regulation 18(1A) to (9) (braking; maintenance and efficiency)(21);

(vi)regulation 22 (springs and resilient material);

(vii)regulation 66 (plates);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

Straddle carriers: restrictions on use, speed and width

47.—(1) A straddle carrier may only be used—

(a)for demonstration;

(b)for delivery on sale;

(c)for proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul; or

(d)if paragraph (2) applies to it, for proceeding between different parts of the same private premises or between private premises in the immediate neighbourhood.

(2) This paragraph applies to a straddle carrier—

(a)that does not comply with regulation 11 of the Construction and Use Regulations (overhang); but

(b)that does comply with regulations 8 (width) and 22 (springs and resilient material) of those Regulations.

(3) Nothing in this Order is to be taken to authorise use on roads beyond a radius of three miles drawn around the outermost perimeter of any work site on private premises.

(4) A straddle carrier must not carry any load.

(5) But a straddle carrier—

(a)may carry its own necessary gear and equipment; and

(b)may be laden in the course of any journey permitted under paragraph (1)(d).

(6) A straddle carrier must not travel at speeds exceeding 12 miles per hour.

(7) The overall width of a straddle carrier must not exceed 3 metres.

Straddle carriers: requirements as to length

48.—(1) This article applies to a straddle carrier where its overall length, together with any forward or rearward projection of a load to be carried on it exceeds 9.2 metres.

(2) The user of the straddle carrier must—

(a)before the start of any journey, notify in accordance with Schedule 5 the chief officer of police for each area in which the vehicle or vehicle-combination is to be used; and

(b)ensure that the vehicle is used in accordance with the requirements of that Schedule.

PART 5MISCELLANEOUS SPECIAL VEHICLES

Vehicles with moveable platforms

49.—(1) Vehicles fitted with a moveable platform are a recognised category of special vehicles.

(2) The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are—

(a)the requirements specified in paragraphs (3) to (5);

(b)the Construction and Use Regulations, apart from—

(i)regulations 7, 8 and 11 (length, width and overhang);

(ii)regulation 20 (wheels and tracks);

(iii)regulation 23 (wheel loads);

(iv)regulation 82 (restrictions on wide/long loads or fixed appliances);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

(3) The special equipment of the vehicle must be retracted at all times except when the vehicle is at a place where it is being used to facilitate overhead working.

(4) At all times when the special equipment of the vehicle is retracted, the provisions of the Construction and Use Regulations mentioned in paragraph (2)(b)(i) must be complied with (except that a vehicle that is a locomotive is permitted not to comply with regulation 11 (overhang)).

(5) Any jacks forming part of the vehicle’s special equipment which project from the sides of the vehicle must be made clearly visible to any person who may be using the road within a reasonable distance of the vehicle.

(6) In this article—

“moveable platform” means a platform that is attached to, and may be moved by means of, an extensible boom; and

“special equipment”, in relation to a vehicle falling within the recognised category of special vehicles mentioned in paragraph (1), means a moveable platform, the apparatus for moving the platform and any jacks fitted to the vehicle for stabilising it whilst the vehicle is in use.

Pedestrian-controlled road maintenance vehicles

50.—(1) Pedestrian-controlled road maintenance vehicles that are not constructed or used to carry a driver or passenger are a recognised category of special vehicles.

(2) The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are—

(a)the requirements specified in paragraphs (3) and (4);

(b)the Construction and Use Regulations, apart from—

(i)regulation 16 (braking systems);

(ii)regulation 18(1A) to (9) (maintenance and efficiency of brakes);

(iii)regulation 23 (wheel loads);

(iv)regulation 61 (emission of smoke);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

(3) The weight of the vehicle (whether laden or unladen) must not exceed 410 kilograms.

(4) The vehicle must be equipped with—

(a)an efficient braking system capable of bringing the vehicle to a standstill and of being set so as to hold the vehicle stationary; or

(b)if the vehicle does not have a braking system, sufficient other means capable of achieving the same results.

(5) “Road maintenance vehicle” means a motor vehicle that is specially constructed or adapted for the purposes of carrying out one or more of the following operations—

(a)gritting roads;

(b)laying road markings;

(c)clearing frost, snow or ice from roads; or

(d)any other work of maintaining roads.

Motor vehicles used for cutting grass or trimming hedges

51.—(1) Motor cutters are a recognised category of special vehicles.

(2) The authorisation requirements applicable to motor cutters are—

(a)the requirements specified in paragraphs (3) to (5);

(b)the Construction and Use Regulations, apart from—

(i)regulation 8 (width);

(ii)regulation 82(11) (restrictions on wide/long loads or fixed appliances);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

(3) The overall width of the motor cutter, together with any equipment mounted on it, must not exceed 2.55 metres.

(4) All cutting or trimming blades that form part of the machinery fitted to, or mounted on, the motor cutter must be effectively guarded so that no danger is caused (or is likely to be caused) to any person.

(5) But paragraphs (3) and (4) do not apply at any time when the motor cutter is cutting grass or trimming hedges.

(6) “Motor cutters” means motor vehicles that are specially constructed to—

(a)be used as grass cutters and hedge trimmers; and

(b)be controlled by a person other than a pedestrian.

Trailers used for cutting grass or trimming hedges

52.—(1) Cutter trailers are a recognised category of special vehicles.

(2) The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are—

(a)the requirements specified in paragraphs (3) to (7);

(b)the following provisions of the Construction and Use Regulations—

(i)regulation 27 (condition and maintenance of tyres);

(ii)regulation 100 (maintenance and use so as not to be a danger);

(c)the Authorised Weight Regulations; and

(d)the Lighting Regulations.

(3) The overall width of—

(a)the motor vehicle towing the cutter trailer;

(b)the cutter trailer; or

(c)where a cutter trailer is being towed by a motor vehicle in an offset manner, the two vehicles measured as if they were one vehicle;

must not at any time exceed 2.6 metres.

(4) All cutting or trimming blades that form part of the machinery fitted to, or mounted on, the cutter trailer must be effectively guarded so that no danger is caused (or is likely to be caused) to any person.

(5) But—

(a)the restrictions on width applicable to vehicles falling within paragraph (3)(b) or (3)(c); and

(b)paragraph (4);

do not apply at any time when the cutter trailer is cutting grass or trimming hedges.

(6) The unladen weight of a cutter trailer must not exceed—

(a)1020 kilograms in any case where it is towed by a locomotive, motor tractor or heavy motor car;

(b)815 kilograms in any other case.

(7) A cutter trailer must not travel at speeds exceeding 20 miles per hour.

(8) “Cutter trailer” means a trailer that is specially constructed or adapted for use as a grass cutter and hedge trimmer.

Operational military vehicles

53.—(1) Operational military vehicles are a recognised category of special vehicles in any case where compliance with any regulations made under section 41 of the Road Traffic Act 1988(22) by any such vehicle would directly compromise the vehicle’s operational capability.

(2) The authorisation requirements applicable to operational military vehicles are—

(a)the requirements specified in paragraphs (3) to (5); and

(b)the provisions of—

(i)the Construction and Use Regulations;

(ii)the Authorised Weight Regulations; and

(iii)the Lighting Regulations;

apart from the provisions specified, in respect of the vehicle in question, in the certificate required by paragraph (3).

(3) An operational military vehicle must be certified by the Secretary of State as being a vehicle, or type of vehicle, which for operational reasons cannot comply in all respects with such of the regulations mentioned in paragraph (1) as are specified in the certificate.

(4) An operational military vehicle must be the property of, or under the control of—

(a)the Secretary of State;

(b)a procurement contractor; or

(c)a procurement sub-contractor.

(5) In a case falling within paragraph (4)(b) or (c), the procurement contractor or procurement sub-contractor must, before any particular vehicle or type of vehicle is first used on roads, obtain from the Secretary of State written permission for such use.

(6) “Operational military vehicles” means any motor vehicle or trailer that is intended for—

(a)operational use for military action or the carrying out of a strategic, tactical, service or administrative military mission, the process of carrying on combat, including movement, supply, attack, defence and manoeuvres needed to gain the objectives of any battle or campaign or use for military support to the civil community;

(b)training in connection with such operational use;

(c)the carrying or recovery of vehicles or equipment in connection with such operational use or training.

(7) “Procurement contractor”, in relation to an operational military vehicle, means a person who, under a contract with the Secretary of State, is engaged in the design, manufacture or delivery of the vehicle with a view to its supply to the Secretary of State or to his direction.

(8) “Procurement sub-contractor”, in relation to an operational military vehicle, means a person—

(a)who has (directly or indirectly) entered into any kind of arrangement with a person who is a procurement contractor in relation to the vehicle; and

(b)who is, as a result, responsible for the performance of any of the procurement contractor’s obligations under the contract mentioned in paragraph (7).

Track-laying vehicles belonging to Royal National Lifeboat Institution

54.—(1) RNLI track-laying vehicles are a recognised category of special vehicles.

(2) The authorisation requirements applicable to RNLI track-laying vehicles are—

(a)the requirement specified in paragraph (3); and

(b)regulation 100 of the Construction and Use Regulations (maintenance and use so as not to be a danger).

(3) The vehicle may only be used on roads either—

(a)for the purpose of towing lifeboats; or

(b)in connection with the launching of lifeboats.

(4) “RNLI track-laying vehicle” means any track-laying motor vehicle or track-laying trailer that is the property of the Royal National Lifeboat Institution.

Highway testing vehicles

55.—(1) Highway testing vehicles are a recognised category of special vehicles.

(2) The authorisation requirement applicable to highway testing vehicles is regulation 100 (maintenance and use so as not to be a danger) of the Construction and Use Regulations.

(3) “Highway testing vehicle” means any motor vehicle or trailer that is used in, or in connection with, the conduct of experiments or trials of roads or bridges as permitted under section 283 of the Highways Act 1980.

Vehicles propelled by natural gas

56.—(1) Vehicles propelled by compressed natural gas are a recognised category of special vehicles.

(2) The authorisation requirements applicable to vehicles falling within the recognised category of special vehicles mentioned in paragraph (1) are the requirements specified in Schedule 12.

Signed by authority of the Secretary of State

Davied Jamieson

Parliamentary Under Secretary of State,

Department for Transport

4th August 2003

Article 10(4) and 11(1)(a)

SCHEDULE 1ABNORMAL INDIVISIBLE LOAD VEHICLES

PART 1DEFINED TERMS

General

1.  In this Schedule—

“AILV” means an abnormal indivisible load vehicle within the meaning of paragraph 3;

“AILV-combination” means a combination of two or more vehicles which includes an AILV;

“Council Directive 71/320/EEC” means the Council Directive approximating the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers(23); and

“semi-trailer” has the same meaning as in the Construction and Use Regulations.

Meaning of abnormal indivisible load

2.  In this Order “abnormal indivisible load” means a load that cannot without undue expense or risk of damage be divided into two or more loads for the purpose of being carried on a road and that—

(a)on account of its length, width or height, cannot be carried on a motor vehicle of category N3 or a trailer of category O4 (or by a combination of such vehicles) that complies in all respects with Part 2 of the Construction and Use Regulations; or

(b)on account of its weight, cannot be carried on a motor vehicle of category N3 or a trailer of category O4 (or by a combination of such vehicles) that complies in all respects with—

(i)the Authorised Weight Regulations (or, if those Regulations do not apply, the equivalent provisions in Part 4 of the Construction and Use Regulations); and

(ii)Part 2 of the Construction and Use Regulations.

Meaning of abnormal indivisible load vehicle (AILV)

3.  In this Order “abnormal indivisible load vehicle” means a vehicle of any of the following descriptions—

(a)a motor vehicle of category N3 specially designed and constructed for the carriage of abnormal indivisible loads;

(b)a trailer of category O4 specially designed and constructed for the carriage of abnormal indivisible loads;

(c)a locomotive specially designed and constructed to tow trailers falling within sub-paragraph (b); or

(d)a motor vehicle of category N3 which is not constructed itself to carry a load but which is specially designed and constructed to tow trailers falling within sub-paragraph (b).

Category 1, 2 or 3 AILVs or AILV-combinations

4.—(1) For the purposes of this Schedule, an AILV or AILV-combination falls within Category 1 if—

(a)it does not exceed the restrictions on vehicle or axle weight specified in paragraphs 28 and 29; and

(b)it complies with any other requirements imposed by those paragraphs;

and references to a Category 1 AILV or AILV-combination are to be construed accordingly.

(2) For the purposes of this Schedule, an AILV or AILV-combination falls within Category 2 if—

(a)it does not fall within Category 1;

(b)it does not exceed the restrictions on vehicle, axle or wheel weight specified in paragraphs 30 and 31; and

(c)it complies with any other requirements imposed by those paragraphs;

and references to a Category 2 AILV or AILV-combination are to be construed accordingly.

(3) For the purposes of this Schedule, an AILV or AILV-combination falls within Category 3 if—

(a)it does not fall within Category 1 or 2;

(b)it does not exceed the restrictions on vehicle, axle or wheel weight specified in paragraphs 32 and 33; and

(c)it complies with any other requirements imposed by those paragraphs;

and references to a Category 3 AILV or AILV-combination are to be construed accordingly.

PART 2CONSTRUCTION

Wheeled vehicles

5.  An AILV must be a wheeled vehicle.

Tyres

6.  Every wheel of an AILV must be fitted with a pneumatic tyre.

Braking requirements

7.  Paragraphs 8 to 12 apply to any AILV or AILV-combination which—

(a)falls within Category 2 or 3; and

(b)was manufactured on or after 1st October 1989.

8.—(1) An AILV or AILV-combination must have a braking system that complies with the construction, fitting and performance requirements specified in sub-paragraph (2).

(2) The construction, fitting and performance requirements are those applicable to motor vehicles of category N3 and trailers of category O4 (according to the configuration of the AILV or AILV-combination) which are set out—

(a)in Annexes I, II and VII to Council Directive 71/320/EEC; and

(b)if appropriate, in Annexes III, IV, V, VI and X to that Directive.

(3) In their application to an AILV or AILV-combination, the requirements specified in sub-paragraph (2) are subject to the modifications in paragraphs 9 to 12.

9.—(1) The following modifications apply for the purposes of each Type O test conducted in accordance with Annex II to Council Directive 71/320/EEC.

(2) References to a laden vehicle are to be taken to be references to a vehicle laden with the maximum technically permissible mass specified by the manufacturer for the vehicle speed specified for the test.

(3) For a trailer that is designed and constructed for use as part of an AILV-combination falling within Category 3—

(a)where X (stated in the Directive as being a percentage of the force corresponding to the maximum mass carried by the wheels of the stationary vehicle) is specified in paragraph 2.2.1.2.1 of Annex II as having the values of 45 or 50, X is to be taken to have the value of 30; and

(b)where the test speed is specified in that paragraph as 60km/h, the test speed is to be taken to be 48km/h.

(4) In relation to a towing vehicle of category N3 that is designed and constructed for use as part of an AILV-combination falling within Category 3—

(a)if the performance of a service braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.1.1.1 of Annex II is to be taken to be—

(b)if the performance of the service braking device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration at normal engine speed in paragraph 2.1.1.1.1 of Annex II is to be taken to be at least 3 m/s2 ;

(c)if the performance of a secondary braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.2.1 of Annex II is to be taken to be—

(d)if the performance of the secondary braking device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration in paragraph 2.1.2.1 of Annex II is to be taken to be at least 1.45 m/s2.

10.—(1) The requirements of paragraphs 2.2.1.22 and 2.2.2.13 of Annex I to Council Directive 71/320/EEC do not apply.

(2) The requirements of paragraphs 1.1.4.2 and 1.4 of Annex II to Council Directive 71/320/EEC do not apply.

(3) In Annex I to Council Directive 71/320/EEC

(a)in paragraph 2.2.1.23 the words “not mentioned in item 2.2.1.22 above” do not apply; and

(b)in paragraph 2.2.2.14 the words “not mentioned in item 2.2.2.13 above” do not apply.

11.  For the purposes of Type I tests conducted, in accordance with paragraph 1.3 of Annex II to Council Directive 71/320/EEC, on a vehicle that is designed and constructed for use as part of an AILV-combination falling within Category 3, the reference to a laden vehicle is to be taken to be a reference to a vehicle laden with the heaviest weight possible without the sum of the weights transmitted to the road surface by all the wheels of any one axle exceeding 12,500 kilograms.

12.  The requirements of paragraph 2.1.3.2 of Annex II to Council Directive 71/320/EEC do not apply if wheel chocks are provided with the AILV or AILV-combination and the wheel chocks are—

(a)suitable and sufficient;

(b)readily accessible; and

(c)capable, when used in conjunction with any parking brakes fitted to the vehicle, of holding the vehicle stationary when loaded to its maximum mass on a gradient of 12%.

PART 3PLATES AND SIGNS

Plates

13.—(1) An AILV falling within Category 2 or 3 must be equipped with a plate that is—

(a)securely fixed to the vehicle in a conspicuous and readily accessible position;

(b)marked clearly with the words “SPECIAL TYPES USE”; and

(c)indelibly marked with letters and figures, not less than 4 millimetres high, containing the information specified in sub-paragraph (2).

(2) For each of the speeds listed in paragraph (a) to (e), the plate must indicate each of the relevant maximum weights at which, in the opinion of the manufacturer of the vehicle, the AILV may be used when travelling on roads at or below the speed in question—

(a)20 miles per hour;

(b)25 miles per hour;

(c)30 miles per hour;

(d)35 miles per hour;

(e)40 miles per hour.

(3) The relevant maximum weights are—

(a)in the case of an AILV that is a motor vehicle—

(i)the maximum axle weight for each axle (within the meaning of the note to item 6 of Part 1 of Schedule 8 to the Construction and Use Regulations);

(ii)the maximum gross weight (within the meaning of the note to item 7 of that Part of that Schedule); and

(iii)the maximum train weight (within the meaning of the note to item 8 of that Part of that Schedule);

(b)in the case of an AILV that is a trailer—

(i)the maximum weight for each axle (within the meaning of the note to item 4 of Part 2 of Schedule 8 to the Construction and Use Regulations);

(ii)the maximum load to be imposed on the towing vehicle (within the meaning of the note to item 5 of that Part of that Schedule); and

(iii)the maximum gross weight (within the meaning of the note to item 6 of that Part of that Schedule).

(4) This paragraph does not apply to any vehicle that was manufactured before 29th July 1983(24).

14.  Where an AlLV-combination consists of two or more modules, each module may be fitted with a separate plate if the information required from the plate in relation to the AILV as a whole can be readily determined from the individual plates.

Signs

15.—(1) Each AILV or AILV-combination must be fitted with—

(a)a sign that indicates which of Categories 1, 2 or 3 the AILV or AILV-combination falls into; or

(b)a sign that is approved in connection with vehicles carrying loads of exceptional dimensions by the appropriate authority in another EEA State or in any other country which is a member of the United Nations Economic Commission for Europe.

(2) A sign falling within sub-paragraph (1)(a) must—

(a)be mounted in a clearly visible position on the front of the vehicle (or, in the case of an AILV-combination, on the front of the foremost motor vehicle);

(b)face forwards;

(c)be as near to the vertical plane as possible;

(d)be kept clean and unobscured at all times; and

(e)except as stated in sub-paragraph (3), consist of white letters on a black background in the following format (specifying Category 1, 2 or 3, as appropriate to the vehicle in question)—

(3) The dimensions of the sign specified for the purposes of sub-paragraph (2)(e) may vary up or down by a margin of 5 per cent.

PART 4CONDITIONS RELATING TO USE

General restrictions

16.  An AILV must not be used on roads for, or in connection with, the carriage of any load that may safely be carried on a vehicle (or vehicle-combination) that complies in all respects with the Construction and Use Regulations and the Authorised Weight Regulations.

17.—(1) Except as stated in paragraph 19, an AILV that falls within paragraph 3(a) or (b) may be used on roads only for, or in connection with—

(a)the carriage of an abnormal indivisible load; or

(b)the carriage of a load of exceptional width.

(2) Where the overall width of such an AILV exceeds 3 metres, it must not be used for, or in connection with, the carriage of any load except one that can only safely be carried on an AILV with an overall width exceeding 3 metres.

(3) The reference to the carriage of a load of exceptional width is to be construed in accordance with article 28(2).

18.—(1) Except as stated in paragraph 19, an AILV that falls within paragraph 3(c) or (d) may be used on roads only for, or in connection with, the towing of another AILV which is a trailer.

(2) Where the overall width of such a towing vehicle exceeds 3 metres, it must not be used unless—

(a)the trailer it is towing has an overall width exceeding 3 metres; and

(b)the load can only safely be carried on such a trailer.

19.  At any time when an AILV-combination consisting of two or more modules—

(a)is being used on roads in connection with the carriage of an abnormal indivisible load; but

(b)is not at that time carrying such a load;

the modules may be disassembled into two or more parts so that one part may carry any other.

Restrictions on carriage of multiple loads

20.—(1) An AILV or AILV-combination may carry only one abnormal indivisible load at any one time.

(2) But that is subject to paragraphs 21 to 23.

21.—(1) If the conditions specified in sub-paragraph (2) are satisfied, an AILV or AlLV-combination which falls within Category 1 may carry—

(a)two or more abnormal indivisible loads which are of the same character; or

(b)an abnormal indivisible load together with articles of a character similar to the load.

(2) The conditions are that—

(a)the abnormal indivisible load or loads to be carried cannot, if they were carried separately, safely be carried on a vehicle (or vehicle-combination) that complies in all respects with the Construction and Use Regulations and the Authorised Weight Regulations; and

(b)the AILV or AILV-combination carrying items specified in sub-paragraph (1) does not exceed any of the restrictions on weight specified in paragraph 28 or 29.

(3) Sub-paragraph (1) does not apply to an AILV-combination that falls within Category 1 only by virtue of paragraph 28(3).

22.—(1) If the conditions specified in sub-paragraph (2) are satisfied, an AILV or AILV-combination which falls within Category 1 or 2 may carry two or more abnormal indivisible loads if each load is of the same character, loaded at the same place and carried to the same destination.

(2) The conditions are that—

(a)each of the abnormal indivisible loads to be carried cannot, if they were carried separately, safely be carried on a vehicle (or vehicle-combination) that complies in all respects with the Construction and Use Regulations and the Authorised Weight Regulations;

(b)the overall width of any vehicle used does not exceed the width of vehicle necessary to carry the widest single load;

(c)the overall length of the AILV or the AILV-combination does not exceed the length necessary to carry the longest single load;

(d)the AILV or AILV-combination carrying the loads specified in sub-paragraph (1) does not exceed—

(i)for a Category 1 AILV or AILV-combination, any of the restrictions on weight specified in paragraph 28 or 29;

(ii)for a Category 2 AILV or AILV-combination, any of the restrictions on weight specified in paragraph 30 or 31; and

(e)the loads carried by virtue of this paragraph are not in addition to any items permitted to be carried by paragraph 21.

23.  An AILV, or AILV-combination, that falls within Category 1 or 2 may carry an abnormal indivisible load consisting of engineering plant, together with constituent parts detached from the plant, if—

(a)the engineering plant and its detached parts are loaded at the same place and carried to the same destination; and

(b)the detached parts do not constitute any lateral, forward or rearward projection of the load that exceeds any projection that there would be without those parts.

Maximum width

24.—(1) An AILV or AILV-combination must not exceed the maximum overall width.

(2) The maximum overall width is exceeded in any case where the overall width of the AILV (or of any AILV in the combination), together with the width of any lateral projection or projections of any load carried on it, exceeds 6.1 metres.

Maximum length

25.—(1) The maximum length of an AILV or AILV-combination used to carry an abnormal indivisible load must not exceed 30 metres.

(2) The maximum length of an AILV or AILV-combination falling within any of sub-paragraphs (3) to (6) is to be determined in accordance with the sub-paragraph in question.

(3) Where the weight of the load rests wholly on an AILV that is a motor vehicle of category N3, the maximum length of the AILV is the overall length of the motor vehicle together with the length of any forward or rearward projection of the load.

(4) In the case of an AILV-combination that is configured so that the weight of the load rests wholly on a trailer of category O4, the maximum length of the AILV-combination is the overall length of the trailer together with the length of any forward or rearward projection of the load.

(5) In the case of an AILV-combination consisting only of a motor vehicle and a trailer, and which is configured so that the weight of the load rests on both vehicles (whether or not they form an articulated vehicle), the maximum length is the overall length of the trailer together with—

(a)the length of any projection of the load in front of the foremost part of the trailer; and

(b)the length of any rearward projection of the load.

(6) In the case of an AILV-combination (other than one falling within sub-paragraph (4) or (5)) which is configured so that that the weight of the load rests on at least two vehicles, the maximum length is the overall length of all the vehicles that bear the weight of the load together with—

(a)the length of any distance between them; and

(b)the length of any forward or rearward projection of the load.

Restrictions relating to weight: all AILVs and AILV-combinations

26.  No AILV or AILV-combination may exceed the restrictions as to weight that apply to a Category 3 AILV or AILV-combination.

27.—(1) An AILV falling within Category 1 must not exceed any of the maximum weights specified on any plate required to be fitted to it by regulation 66 of the Construction and Use Regulations.

(2) An AILV falling within Category 2 or 3 must not exceed any of the maximum weights (for the speed at which it is travelling) specified on the plate required to be fitted to it by paragraph 13.

(3) Sub-paragraph (2) does not apply to any trailer first used before 29th July 1983(25).

Restrictions relating to weight: Category 1 AILVs and AILV-combinations

28.—(1) The total weight of any Category 1 AILV carrying a load must not exceed the maximum authorised weight for a vehicle of that description determined in accordance with Schedule 1 to the Authorised Weight Regulations.

(2) The total weight of such of the vehicles comprised in a Category 1 AILV-combination as are carrying a load must not exceed 46,000 kilograms.

(3) But the weight restrictions imposed by sub-paragraphs (1) and (2) may be exceeded by a Category 1 AILV-combination if—

(a)the combination has at least 6 axles;

(b)the total weight of the vehicle or vehicles carrying the load does not exceed 50,000 kilograms; and

(c)the combination complies in all other respects with the Authorised Weight Regulations, as those Regulations apply to a vehicle or vehicle-combination of 44,000 kilograms.

(4) Where a Category 1 AILV or AILV-combination is one to which the Authorised Weight Regulations do not apply, references to provisions of those Regulations are to be taken as references to the equivalent provisions of the Construction and Use Regulations.

29.—(1) The total weight of—

(a)any Category 1 AILV carrying a load; or

(b)such of the vehicles comprised in a Category 1 AILV-combination as are carrying a load;

must be transmitted to the road through 5 or more axles.

(2) In relation to any Category 1 AILV or AILV-combination (including one falling within paragraph 28(3)), the axle weight for an axle of any description must not exceed the maximum authorised weight for an axle of that description determined in accordance with Schedule 3 to the Authorised Weight Regulations.

(3) Where a Category 1 AILV or AILV-combination is one to which the Authorised Weight Regulations do not apply, the reference to Schedule 3 of those Regulations is to be taken as a reference to the equivalent provisions of the Construction and Use Regulations.

Restrictions relating to weight: Category 2 AILVs and AILV-combinations

30.—(1) The total weight of—

(a)any Category 2 AILV carrying a load; or

(b)such of the vehicles comprised in a Category 2 AILV-combination as are carrying a load;

must not exceed 80,000 kilograms.

(2) Where the weight calculated in accordance with sub-paragraph (3), in relation to any Category 2 AILV or AILV-combination, is less than 80,000 kilograms, the total weight of the vehicle or vehicles described in sub-paragraph (1)(a) or (b) must not exceed that lesser weight.

(3) The weight calculated in accordance with this sub-paragraph is the number (expressed in kilograms) equal to the product of the following equation and then rounded up to the nearest 10 kilograms—

D × 7,500

(4) In sub-paragraph (3), D is the distance (measured in metres) between—

(a)in the case of an AILV, the foremost axle and the rearmost axle of the AILV carrying the load;

(b)in the case of an AILV-combination that is an articulated vehicle, the kingpin and the rearmost axle on the semi-trailer; or

(c)in the case of any other description of AILV-combination, the foremost axle and the rearmost axle of the group comprising all those vehicles in the combination that are carrying a load.

31.—(1) The total weight of—

(a)any Category 2 AILV carrying a load; or

(b)such of the vehicles comprised in a Category 2 AILV-combination as are carrying a load;

must be transmitted to the road through 6 or more axles.

(2) In sub-paragraphs (3) to (5) “load-bearing vehicle” means a vehicle mentioned in sub-paragraph (1)(a) or (b).

(3) The distance between any two adjacent axles of a load-bearing vehicle must not be less than 1 metre.

(4) Where the distance between two adjacent axles of a load-bearing vehicle is the distance specified in column 1 of Table 1, the axle weight must not exceed the weight specified in column 2 and the wheel weight must not exceed the weight specified in column 3.

Table 1
Category 2: axles and wheels
Distance between adjacent axlesAxle weightWheel weight
(Column 1)(Column 2)(Column 3)
Less than 1.35 metres12,000 kilograms6,000 kilograms
1.35 metres or more12,500 kilograms6,250 kilograms

(5) But where—

(a)a load-bearing vehicle has axles in two or more groups of axles;

(b)the distance between the adjacent axles in each group is less than 2 metres; and

(c)the distance between the adjacent axles in different groups is more than 2 metres;

the sum of the weights transmitted to the road surface by all the wheels in any group must not exceed 50,000 kilograms.

Restrictions relating to weight: Category 3 AILVs and AILV-combinations

32.—(1) The total weight of—

(a)any Category 3 AILV carrying a load; or

(b)such of the vehicles comprised in a Category 3 AILV-combination as are carrying a load;

must not exceed 150,000 kilograms.

(2) Where the weight calculated in accordance with sub-paragraph (3), in relation to any Category 3 AILV or AILV-combination, is less than 150,000 kilograms, the total weight of the vehicle or vehicles described in sub-paragraph (1)(a) or (b) must not exceed that lesser weight.

(3) The weight calculated in accordance with this sub-paragraph is the number (expressed in kilograms) equal to the product of the following equation and then rounded up to the nearest 10 kilograms—

D × 12,500

(4) In sub-paragraph (3), D is the distance (measured in metres) between—

(a)in the case of an AILV, the foremost axle and the rearmost axle of the AILV carrying the load;

(b)in the case of an AILV-combination that is an articulated vehicle, the kingpin and the rearmost axle on the semi-trailer; or

(c)in the case of any other description of AILV-combination, the foremost axle and the rearmost axle of the group comprising all those vehicles in the combination that are carrying a load.

33.—(1) The total weight of—

(a)any Category 3 AILV carrying a load; or

(b)such of the vehicles comprised in a Category 3 AILV-combination as are carrying a load;

must be transmitted to the road through 6 or more axles.

(2) In sub-paragraphs (3) to (5) “load-bearing vehicle” means a vehicle mentioned in sub-paragraph (1)(a) or (b).

(3) The distance between any two adjacent axles of a load-bearing vehicle must not be less than 1 metre.

(4) Where the distance between two adjacent axles of a load-bearing vehicle is the distance specified in column 1 of Table 2, the axle weight must not exceed the weight specified in column 2 and the wheel weight must not exceed the weight specified in column 3.

Table 2
Category 3: axles and wheels
Distance between adjacent axlesAxle weightWheel weight
(Column 1)(Column 2)(Column 3)
Less than 1.35 metres15,000 kilograms7,500 kilograms
1.35 metres or more16,500 kilograms8,250 kilograms

(5) But where—

(a)a load-bearing vehicle has axles in two or more groups of axles;

(b)the distance between the adjacent axles in each group is less than 1.5 metres; and

(c)the distance between the adjacent axles in different groups is more than 1.5 metres;

the sum of the weights transmitted to the road surface by all the wheels in any group must not exceed the overall maximum weight.

(6) The overall maximum weight is—

(a)90,000 kilograms if the distance specified in sub-paragraph (5)(b) is less than 1.35 metres; and

(b)100,000 kilograms in any other case.

Speed restrictions

34.—(1) An AILV falling within Category 2 or 3 must not exceed any speed specified on the plate required by paragraph 13.

(2) An AILV, or AILV-combination, falling within Category 1, 2 or 3 must not travel on a motorway, dual carriageway or other description of road at speeds exceeding the speed specified in Table 3 for that Category in respect of the description of road in question.

Table 3
Speed restrictions for Category 1, 2 or 3 AILVs or AILV-combinations
AILV or AILV-combinationMotorwayDual carriagewayOther roads
Category 160 mph50 mph40 mph
Category 2 or 340 mph35 mph30 mph

(3) Nothing in this Schedule is to be taken to authorise travel at any speed in excess of any speed restriction imposed by or under any other enactment.

PART 5APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Category 1 AILVs and AILV-combinations

35.  Any AILV or AILV-combination falling within Category 1 must, unless it falls within paragraph 37, comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 4;

(b)the Authorised Weight Regulations; and

(c)the Lighting Regulations.

Table 4
Category 1: Construction and Use Regulations that do not apply
Non-applicable RegulationsSubject
7Length
8Width
80Over-riding weight regulations
82Restrictions on use of vehicles carrying wide or long loads

Category 2 or 3 AILVs and AILV-combinations

36.  Any AILV or AILV-combination falling within Category 2 or 3 must, unless it falls within paragraph 37, comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 5; and

(b)the Lighting Regulations.

Table 5
Category 2 or 3: Construction and Use Regulations that do not apply
Non-applicable RegulationsSubject
7Length
8Width
15, 16Braking systems
18(1A) to (9)Maintenance and efficiency of brakes
25Tyre loads and speed ratings
64Spray suppression devices
65Maintenance of spray suppression devices
75(1), in so far as it relates to items 1-4, 6-11, 15 and 16 of the Table(26)Maximum permitted laden weight of vehicle
76 to 80Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82Restrictions on use of vehicles carrying wide or long loads
83(1)Number of trailers

AILVs manufactured before 1st October 1989

37.  Instead of paragraphs 35 and 36, article 18(2)(p) of the Motor Vehicles (Authorisation of Special Types) General Order 1979(27) continues to apply to any AILV manufactured before 1st October 1989, to the same extent as it applied before the coming into force of this Schedule.

Article 10(4) and 11(1)(a)

SCHEDULE 2MOBILE CRANES

PART 1DEFINED TERMS

General

1.  In this Schedule—

Goods Vehicles Type Approval Regulations” means the requirements applicable to goods vehicles which are prescribed by regulations made under section 54(1) of the Road Traffic Act 1988(28); and

“manufacturer”—

(a)

in relation to a mobile crane constructed with a chassis that has not previously formed part of another vehicle, means the person by whom that chassis was made; and

(b)

in relation to any other mobile crane, means the person by whom that mobile crane was constructed or adapted.

Meaning of mobile crane

2.—(1) In this Order “mobile crane” means a motor vehicle which satisfies the five conditions specified in sub-paragraphs (2) to (6).

(2) The first condition is that the motor vehicle is specially designed and constructed, or is specially adapted, for the special purposes of lifting operations that cannot safely be carried out by a motor vehicle or trailer that complies in all respects with—

(a)the Construction and Use Regulations;

(b)the Authorised Weight Regulations; and

(c)the Goods Vehicles Type Approval Regulations.

(3) The second condition is that the gross weight of the crane exceeds 12,000 kilograms.

(4) The third condition is that the motor vehicle has crane apparatus permanently mounted as part of the vehicle chassis design.

(5) The fourth condition is that the motor vehicle is operated by a driver or other person riding on it.

(6) The fifth condition is that the motor vehicle meets the requirements for registered use as a mobile crane under Part 4 of Schedule 1 to the Vehicle and Excise Registration Act 1994(29).

(7) Any other motor vehicle which satisfies these conditions, but which does not comply in all respects with the authorisation requirements for mobile cranes specified in this Schedule, may nevertheless fall within the recognised category of special vehicles consisting of engineering plant if it satisfies the conditions specified in paragraph 2 of Schedule 3 and complies with the authorisation requirements applicable to engineering plant.

Category A, B or C mobile cranes

3.—(1) For the purposes of this Schedule, a mobile crane falls within Category A if—

(a)it does not exceed the restrictions on plated vehicle or axle weight specified in paragraph 30; and

(b)it complies with any other requirements imposed by that paragraph;

and references to a Category mobile cranes are to be construed accordingly.

(2) For the purposes of this Schedule, a mobile crane falls within Category B if—

(a)it does not fall within Category A;

(b)it does not exceed the restrictions on plated vehicle or axle weight specified in paragraph 31; and

(c)it complies with any other requirements imposed by that paragraph;

and references to a Category B mobile crane are to be construed accordingly.

(3) For the purposes of this Schedule, a mobile crane falls within Category C if—

(a)it does not fall within Category A or B;

(b)it does not exceed the restrictions on plated vehicle or axle weight specified in paragraph 32; and

(c)it complies with any other requirements imposed by that paragraph;

and references to a Category C mobile crane are to be construed accordingly.

PART 2CONSTRUCTION

Wheeled vehicles

4.  A mobile crane must be a wheeled vehicle.

Tyres

5.  Every wheel of a mobile crane must be fitted with a pneumatic tyre.

Suspension

6.  A mobile crane must have suspension on all axles.

Braking requirements

7.  A mobile crane must be fitted with—

(a)an efficient brake capable of braking the mobile crane at the maximum weight permitted under paragraphs 28 to 32 for a mobile crane of the Category in question when travelling at the maximum speeds for that Category permitted by this Schedule; and

(b)an efficient parking brake capable of holding the mobile crane stationary when necessary.

8.—(1) A mobile crane is to be treated as being fitted with a brake that complies with paragraph 7 if it is fitted with a braking system that meets the construction, fitting and performance requirements for motor vehicles of category N3 set out—

(a)in Annexes I, II and VII to Council Directive 71/320/EEC; and

(b)if appropriate, in Annexes III, IV, V, VI and X to that Directive.

(2) But, in their application to a mobile crane which has a maximum axle weight exceeding 12,500 kilograms, those requirements are subject to the modifications in paragraphs 9 to 12.

9.—(1) The following modifications apply for the purposes of each Type O test conducted in accordance with Annex II to Council Directive 71/320/EEC.

(2) References to a laden vehicle are to be taken to be references to a vehicle laden with the maximum technically permissible mass specified by the manufacturer for the vehicle speed specified for the test.

(3) If the performance of a service braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.1.1.1 of Annex II is to be taken to be—

(4) If the performance of the service braking device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration at normal engine speed in paragraph 2.1.1.1.1 of Annex II is to be taken to be at least 3 m/s2.

(5) If the performance of a secondary braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.2.1 of Annex II is to be taken to be—

(6) If the performance of the secondary braking device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration in paragraph 2.1.2.1 of Annex II is to be taken to be at least 1.45 m/s2.

10.—(1) The requirements of paragraphs 2.2.1.22 and 2.2.2.13 of Annex I to Council Directive 71/320/EEC do not apply.

(2) The requirements of paragraphs 1.1.4.2 and 1.4 of Annex II to Council Directive 71/320/EEC do not apply.

(3) In Annex I to Council Directive 71/320/EEC

(a)in paragraph 2.2.1.23 the words “not mentioned in item 2.2.1.22 above” do not apply; and

(b)in paragraph 2.2.2.14 the words “not mentioned in item 2.2.2.13 above” do not apply.

11.  For the purposes of Type I tests conducted, in accordance with paragraph 1.3 of Annex II to Council Directive 71/320/EEC, on a mobile crane falling within paragraph 9(3) of this Schedule, the reference to a laden vehicle is to be taken to be a reference to a vehicle laden with the heaviest weight possible without the sum of the weights transmitted to the road surface by all the wheels of any one axle exceeding 12,500 kilograms.

12.  The requirements of paragraph 2.1.3.2 of Annex II to Council Directive 71/320/EEC do not apply if wheel chocks are provided with the mobile crane and the wheel chocks are—

(a)suitable and sufficient;

(b)readily accessible; and

(c)capable, when used in conjunction with any parking brakes fitted to the vehicle, of holding the vehicle stationary when loaded to its maximum mass on a gradient of 12 per cent.

Design speed

13.—(1) A mobile crane that is specially adapted for the special purposes of lifting operations (as mentioned in paragraph 2(2)) must, when that adaptation is carried out, also be adapted as necessary so that it may operate on roads at speeds of 25 miles per hour or more.

(2) Any other mobile crane must be designed and constructed to operate on roads at speeds of 25 miles per hour or more.

Warning beacon

14.  A warning beacon emitting an amber light must be fitted to a mobile crane.

PART 3PLATES

15.—(1) A mobile crane must be equipped with a plate that is—

(a)securely fixed to the mobile crane in a conspicuous and readily accessible position; and

(b)indelibly marked with letters and figures, not less than 6 millimetres high, containing the information relating to the mobile crane which is specified in sub-paragraph (2).

(2) The information is—

(a)the maximum axle weight for each axle, determined in accordance with sub-paragraph (3); and

(b)the maximum gross weight, determined in accordance with that sub-paragraph.

(3) A maximum weight is determined in accordance with this sub-paragraph if—

(a)in the case of a vehicle which is specially adapted to be a mobile crane and to which the Goods Vehicles Type Approval Regulations applied immediately before such adaptation, it is the maximum weight at or below which the vehicle is considered fit for use by the Secretary of State; and

(b)in any other case, it is the maximum weight at or below which the mobile crane is considered fit for use by the manufacturer of the mobile crane.

(4) In determining a maximum weight for the purposes of sub-paragraph (3), the person making the determination must have regard to—

(a)the design, construction and equipment of the mobile crane; and

(b)the stresses to which it is likely to be subject when in use.

16.—(1) Where, in accordance with regulation 66 (plates for goods vehicles and buses) or 71 (marking of weights on certain vehicles) of the Construction and Use Regulations, a mobile crane is already fitted with a plate (“the original plate”), paragraph 15 does not require the crane—

(a)to be fitted with an additional plate; or

(b)to have additional information stamped on the original plate;

if the condition set out in sub-paragraph (2) is satisfied.

(2) The condition is that, at all times when the mobile crane is used on roads the gross weight of the crane does not exceed either the maximum gross weight stated on the original plate or, if no gross weight is so stated, the maximum unladen weight stated on the original plate.

17.—(1) In this paragraph “qualified person” means—

(a)the manufacturer of the vehicle (or a person duly authorised on his behalf);

(b)a person carrying on business as a manufacturer of motor vehicles or trailers (or a person duly authorised on his behalf); or

(c)a person authorised under this sub-paragraph by the Secretary of State.

(2) No person may make any alteration to a mobile crane with a view to making it fit for use at any weight exceeding the weights stated on a plate fitted to it as mentioned in paragraph 15 or 16 unless he is a qualified person.

(3) Where such an alteration is made—

(a)the existing plate must be updated to show, for each description of maximum weight referred to in paragraph 15(2)(a) or (b), the new maximum at or below which the qualified person considers that the mobile crane will then be fit for use; or

(b)an additional plate must be added showing such new maximum weights.

(4) The following details must also be shown on the plate that shows the new weights—

(a)the name of the qualified person;

(b)an indication that he is the person responsible for determining the new weights; and

(c)where he is a qualified person authorised by the Secretary of State under sub-paragraph (1)(c), an indication of that fact.

(5) In determining a maximum weight for the purposes of sub-paragraph (3), the qualified person must have regard to—

(a)the design, construction and equipment of the mobile crane;

(b)the alterations made to it; and

(c)the stresses to which it is likely to be subject when in use.

18.  Any additional plate that is specially fitted to a vehicle in order to comply with paragraph 15 or 17(3)(b) must be marked clearly with the words “SPECIAL TYPES USE”.

PART 4CONDITIONS RELATING TO USE

General restrictions

19.  A mobile crane may only be used on roads for—

(a)testing;

(b)demonstration;

(c)delivery on sale;

(d)proceeding to, or returning from, a manufacturer or repairer;

(e)proceeding to, or returning from, the site of lifting operations; or

(f)carrying out such operations.

20.  A mobile crane that has an overall width exceeding 3 metres may only be used on roads for, or in connection with, lifting operations that are of the character that the mobile crane is specially designed and constructed, or adapted, to carry out.

21.—(1) When a mobile crane is used on roads, the beacon fitted to it under paragraph 14 must be kept lit—

(a)when the crane is stationary at the site of the operations at which it is to be used; or

(b)when the crane is unable, on account of the weather conditions or otherwise, to maintain speeds appropriate to the road.

(2) But, in the circumstances described in sub-paragraph (1)(a), the beacon may be switched off if—

(a)there is no reasonable prospect of the presence of the mobile crane causing a hazard to persons using the road (so that it is not necessary or desirable to warn persons of its presence); or

(b)it is likely that the use of the beacon could confuse or mislead other road users.

Restriction on carriage of loads etc

22.—(1) Any mobile crane that is used on roads must not—

(a)carry any load; or

(b)transport any goods or burden.

(2) But that is subject to paragraphs 23 and 24.

23.  A mobile crane may carry its own necessary gear and equipment.

24.  A mobile crane may lift or transport goods or burden in the course of carrying out lifting operations.

Restriction on towing trailers

25.  A mobile crane must not tow any trailer.

Maximum width

26.  The overall width of a mobile crane, together with the width of any lateral projection or projections of any load carried on it in accordance with this Schedule, must not exceed 6.1 metres.

Maximum length

27.  The overall length of a mobile crane, together with any forward or rearward projections of any load carried on it in accordance with this Schedule, must not exceed 30 metres.

Restrictions relating to weight: all mobile cranes

28.  No mobile crane may exceed any of the restrictions as to weight that apply to a Category C mobile crane.

29.  No mobile crane may exceed—

(a)any of the maximum weights, as determined by paragraphs 30 to 32, which are specified on the plate or plates fitted to it in accordance with paragraphs 15 to 18; or,

(b)in the case of a Category C mobile crane, such lesser maximum weight as may result from the calculation set out in paragraph 32(3).

Restrictions relating to weight: Category A mobile cranes

30.—(1) For a Category A mobile crane, the maximum axle weight that may be specified on the plate fitted to it in accordance with paragraphs 15 to 18 is—

(a)11,500 kilograms for a single driving axle; and

(b)10,000 kilograms for a single non-driving axle.

(2) No Category A mobile crane may have more than four axles.

(3) For a Category A mobile crane with the number of axles specified in column 1 of an entry in Table 6—

(a)the distance between the two outermost axles of the crane must be at least the length specified in column 2 of the same entry; and

(b)the maximum gross weight of the crane that may be specified on the plate fitted to the crane in accordance with paragraphs 15 to 18 is the weight specified in column 3 of the same entry.

Table 6
Category A: axles and gross weight
Number of axlesMinimum distance between outermost axlesMaximum gross weight of crane
(Column 1)(Column 2)(Column 3)
23 metres20,000 kilograms
35 metres30,000 kilograms
46 metres36,000 kilograms

Restrictions relating to weight: Category B mobile cranes

31.—(1) For a Category B mobile crane, the maximum axle weight that may be specified on the plate fitted to it in accordance with paragraphs 15 to 18 is 12,500 kilograms.

(2) The maximum gross weight of a Category B mobile crane that may be specified on the plate fitted to it in accordance with paragraphs 15 to 18 is the number (expressed in kilograms) equal to the product of the following equation and then rounded up to the nearest 10 kilograms—

N × 12,500

(3) In sub-paragraph (2), N is the number of axles on the crane.

Restrictions relating to weight: Category C mobile cranes

32.—(1) For a Category C mobile crane, the maximum axle weight that may be specified on the plate fitted to it in accordance with paragraphs 15 to 18 is 16,500 kilograms.

(2) The maximum gross weight of a Category C mobile crane that may be specified on the plate fitted to it in accordance with paragraphs 15 to 18 is 150,000 kilograms.

(3) But where, in respect of any particular Category C mobile crane, the weight calculated in accordance with sub-paragraph (4) is less than 150,000 kilograms, the gross weight of that crane must not exceed that lesser weight.

(4) The weight calculated in accordance with this sub-paragraph is the number (expressed in kilograms) equal to the product of the following equation and then rounded up to the nearest 10 kilograms—

N × 16,500

(5) In sub-paragraph (4), N is the number of axles on the crane.

Speed restrictions

33.—(1) A mobile crane falling within Category A, B or C must not travel on a motorway, dual carriageway or other description of road at speeds exceeding the speed specified in Table 7 for that Category in respect of the description of road in question.

Table 7
Speed restrictions for Category A, B or C mobile cranes
Category of mobile craneMotorwayDual carriagewayOther roads
Category A60 mph50 mph40 mph
Category B50 mph45 mph40 mph
Category C40 mph35 mph30 mph

(2) Nothing in this Schedule is to be taken to authorise travel at—

(a)any speed in excess of any speed restriction imposed by or under any other enactment; or

(b)in the case of a mobile crane referred to in paragraph 2(7) which falls within the recognised category of special vehicles consisting of engineering plant, any speed in excess of those specified in paragraph 20 of Schedule 3.

PART 5APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Category A mobile cranes

34.—(1) A Category A mobile crane must comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 8; and

(b)the Lighting Regulations.

Table 8
Category A: Construction and Use Regulations that do not apply
Non-applicable RegulationsSubject
8Width
80Over-riding weight regulations

Category B or C mobile cranes

35.—(1) A Category B or C mobile crane must comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 9; and

(b)the Lighting Regulations.

(2) But regulations 49, 51, 64 and 65 are disapplied in relation to a Category B or C mobile crane only to the extent that it is not possible for the crane to comply with those regulations on account of the need to perform the lifting operations that it is specially designed and constructed (or specially adapted) to carry out.

Table 9
Categories B or C: Construction and Use Regulations that do not apply
Non-applicable RegulationsSubject
7Length
8Width
15,16Braking systems
18(1A) to (9)Maintenance and efficiency of brakes
25Tyre loads and speed ratings
49Rear under-run protection
51Sideguards
64Spray suppression devices
65Maintenance of spray suppression devices
75 to 80Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82Restrictions on use of vehicles carrying wide or long loads

Article 10(4) and 11 (1)(a)

SCHEDULE 3ENGINEERING PLANT

PART 1DEFINED TERMS

General

1.  In this Schedule—

“Goods Vehicles Type Approval Regulations” means the requirements applicable to goods vehicles which are prescribed by regulations made under section 54(1) of the Road Traffic Act 1988(30);

“slow” has the meaning given in paragraph 20(2); and

“wheel-track combination vehicle” means a track-laying vehicle designed and constructed so that the weight of the vehicle is transmitted to the road surface by a combination of wheels and continuous tracks.

Meaning of engineering plant

2.—(1) In this Order “engineering plant” means any moveable plant or equipment which is a motor vehicle or trailer and which—

(a)in the case of a motor vehicle that falls within the definition of a mobile crane in paragraph 2 of Schedule 2, satisfies the conditions specified in sub-paragraphs (2) to (5) of this paragraph;

(b)in any other case, satisfies the conditions specified in sub-paragraphs (2) to (4) of this paragraph.

(2) The first condition is that the motor vehicle or trailer is specially designed and constructed for the special purposes of engineering operations that cannot safely be carried out by a motor vehicle or trailer that complies in all respects with—

(a)the Construction and Use Regulations; and

(b)the Goods Vehicles Type Approval Regulations.

(3) The second condition is that the motor vehicle or trailer is not constructed to carry any load apart from a load of a description specified in paragraph 13(2).

(4) The third condition is that the motor vehicle or trailer is operated by a driver or other person riding on it.

(5) The fourth condition is that the motor vehicle does not comply in all respects with the authorisation requirements for mobile cranes specified in Schedule 2.

PART 2CONSTRUCTION

Wheeled or track-laying vehicles

3.  Engineering plant must be a wheeled vehicle, a track-laying vehicle or a wheel-track combination vehicle.

Provisions applying to wheeled vehicles

4.—(1) Any wheel of engineering plant which is not fitted with a pneumatic tyre of soft or elastic material must be fitted with a smooth tyre and have the edges rounded to a radius of not less than 12 millimetres and not more than 25 millimetres.

(2) But, in the case of plant which is a gritting machine designed for use (and used) for gritting frosted and icebound roads, any tyre of the gritting machine may be fitted with diagonal cross bars which—

(a)are of equal width (which must not be less than 25 millimetres);

(b)extend the full breadth of the tyre; and

(c)are arranged so that the distance between the adjacent cross bars is not greater than the width of the crossbars.

(3) A tyre is not to be taken to be of soft or elastic material unless the material—

(a)is continuous around the circumference of the wheel, or fitted in sections so that, as far as is reasonably practicable, no space is left between the ends of each section;

(b)is of a thickness and design that, as far as is reasonably practicable, minimises vibration when the vehicle is in motion; and

(c)is free from any defect which might in any way cause damage to the surface of a road.

5.  Engineering plant which has wheels and may (in accordance with paragraph 21) travel on roads at speeds exceeding those specified for slow plant in paragraph 20, must be fitted with tyres marked with a load and speed rating that is greater than the maximum load and speed that the plant can achieve when used on roads under its own power.

Braking requirements

6.  Engineering plant that is designed and constructed to operate on roads at speeds exceeding 12 miles per hour must be fitted with a braking system that complies with regulation 16 of the Construction and Use Regulations.

7.—(1) Any other engineering plant must be fitted with—

(a)an efficient brake capable of braking the vehicle at the maximum weight permitted under paragraphs 17 to 19 when travelling at the maximum speed permitted by this Schedule; and

(b)an efficient parking brake capable of holding the vehicle stationary when necessary.

(2) In the case of engineering plant that is a motor vehicle propelled by steam—

(a)the requirements of sub-paragraph (1)(a) are to be treated as met if the vehicle has an engine capable of being reversed; and

(b)the requirements of sub-paragraph (1)(b) are to be treated as met if the engine can be set to hold the vehicle stationary.

(3) Where engineering plant cannot be fitted with a parking brake on account of the nature of the engineering operations that it is specially designed and constructed to carry out, the requirements of sub-paragraph (1)(b) are to be treated as met if suitable scotches (or similar devices capable of holding the vehicle stationary when necessary) are fitted.

PART 3CONDITIONS RELATING TO USE

General restrictions

8.  Engineering plant must not be used on roads for, or in connection with, engineering operations of any description if those operations may safely be carried out by a vehicle that complies in all respects with the Construction and Use Regulations and the Goods Vehicles Type Approval Regulations.

9.  Engineering plant may only be used on roads for—

(a)testing;

(b)demonstration;

(c)delivery on sale;

(d)proceeding to, or returning from, a manufacturer or repairer for repair or maintenance;

(e)proceeding to, or returning from, the site of engineering operations; or

(f)carrying out such operations.

10.  Engineering plant which has an overall width exceeding 3 metres may only be used on roads for, or in connection with, engineering operations that are of the character that the plant is specially designed and constructed to carry out.

Restrictions on carriage of loads etc

11.—(1) Engineering plant which is used on roads must not—

(a)carry any load; or

(b)lift or transport goods or burden.

(2) But that is subject to paragraphs 12 and 13.

12.  Engineering plant may carry its own necessary gear and equipment.

13.—(1) This paragraph applies at any time when engineering plant is engaged on the construction, maintenance or repair of roads.

(2) Engineering plant may carry—

(a)materials that have been excavated and raised from the ground by apparatus on the plant; or

(b)materials that the plant is specially designed to treat while carried on the plant.

Restrictions on towing of trailers

14.—(1) Except as stated in sub-paragraph (2), engineering plant must not tow a trailer.

(2) Engineering plant falling within sub-paragraph (3) may tow—

(a)a trailer which is itself engineering plant; or

(b)a living van or office hut used in connection with the construction, maintenance or repair of roads.

(3) Engineering plant falls within this sub-paragraph if it is a motor vehicle with an overall length that does not exceed 8 metres.

Maximum width

15.  The overall width of engineering plant, together with the width of any lateral projection or projections of any load carried on it in accordance with this Schedule, must not exceed 6.1 metres.

Maximum length

16.  The overall length of engineering plant (or of any vehicle-combination permitted by this Schedule), together with any forward or rearward projections of any load carried on it in accordance with this Schedule, must not exceed 30 metres.

Restrictions relating to weight: gross weight

17.—(1) The gross weight of engineering plant, together with the weight of any load carried on it in accordance with this Schedule, must not exceed 150,000 kilograms.

(2) The weight of the plant is to be calculated—

(a)in the case of plant which is a motor vehicle, by taking the sum of the weights transmitted to the road surface by all the wheels and tracks of the vehicle;

(b)in the case of plant which is a trailer, by taking the sum of the weights transmitted to the road surface by all the wheels and tracks of the trailer and of any weight of the trailer imposed on the towing vehicle.

Restrictions relating to weight: weight transmitted to road surface

18.—(1) This paragraph applies to determine the maximum weight that may be transmitted to the road surface by the wheels of any engineering plant that is a wheeled vehicle or a wheel-track combination vehicle.

(2) The wheel weight of the plant must not exceed 11,250 kilograms.

(3) The weight transmitted to any strip of road surface on which the wheels of the plant are resting must not exceed the following limits (measuring the strip of road surface referred to in those limits as the distance contained between any two parallel lines drawn on the road surface at right angles to the longitudinal axis of the plant)—

(a)if the strip of road surface measures a distance of 0.5 metre or less, the weight must not exceed 45,000 kilograms;

(b)if the strip of road surface measures a distance that lies between 0.5 metre and any greater distance up to, and including, 2 metres, the weight must not exceed the sum of—

(i)45,000 kilograms; and

(ii)an additional weight allowance which is to be calculated by reference to the difference between 0.5 metre and the overall measurement of the strip of road surface, with additional weight being allowed in respect of that difference at a rate of 30,000 kilograms per metre;

(c)if the strip of road surface measures a distance of more than 2 metres, the weight must not exceed the sum of—

(i)the weight determined in accordance with paragraph (b), as calculated in respect of the first 2 metres of the measurement of the strip of road surface; and

(ii)a further additional weight allowance which is to be calculated by reference to the difference between 2 metres and the overall measurement of the strip of road surface, with further additional weight being allowed in respect of that difference at a rate of 10,000 kilograms per metre.

(4) But where the plant has one or more wheels that are not fitted with a pneumatic tyre, the total weight transmitted to the road surface by—

(a)any such wheel (if no other wheel is in the same line transversely); or

(b)all such wheels as are in line transversely;

must be such that the average weight per 25 millimetres width of tyre in contact with the road surface does not exceed 750 kilograms.

19.—(1) This paragraph applies to determine the maximum weight that may be transmitted to the road surface by the tracks of any engineering plant that is a track-laying vehicle or a wheel-track combination vehicle.

(2) The weight transmitted to any strip of road surface on which each track of the plant is resting must not exceed the following (measuring the strip of road surface referred to in those limits as the distance contained between any two parallel lines drawn on the road surface at right angles to the longitudinal axis of the plant)—

(a)if the strip of road surface measures a distance of 0.5 metre or less, the weight must not exceed 11,500 kilograms;

(b)if the strip of road surface measures a distance that lies between 0.5 metre and any greater distance up to, and including, 2 metres, the weight must not exceed the sum of—

(i)11,500 kilograms; and

(ii)an additional weight allowance which is to be calculated by reference to the difference between 0.5 metre and the overall measurement of the strip of road surface, with additional weight being allowed in respect of that difference at a rate of 7,500 kilograms per metre;

(c)if the strip of road surface measures a distance of more than 2 metres, the weight must not exceed the sum of—

(i)the weight determined in accordance with paragraph (b), as calculated in respect of the first 2 metres of the measurement of the strip of road surface; and

(ii)a further additional weight allowance, which is to be calculated by reference to the difference between 2 metres and the overall measurement of the strip of road surface, with further additional weight being allowed in respect of that difference at a rate of 2,500 kilograms per metre.

Speed restrictions

20.—(1) Unless paragraph 21 applies, engineering plant must not travel on roads at speeds exceeding—

(a)30 miles per hour on a motorway; or

(b)12 miles per hour on any other road.

(2) Engineering plant falling within sub-paragraph (1) is referred to in this Schedule as slow plant.

21.—(1) This paragraph—

(a)applies to any engineering plant that satisfies the speed condition specified in sub-paragraph (2), and to any vehicle-combination that includes engineering plant and that satisfies that condition; but

(b)does not apply to engineering plant mentioned in paragraph 2(1)(a).

(2) The speed condition is that the plant or vehicle-combination would be able to comply with such requirements of Schedule 1 to this Order as are specified in sub-paragraph (3), if those requirements applied to it as they apply to an AILV (or AILV-combination) falling within Category 1, 2 or 3.

(3) The requirements of Schedule 1 referred to in sub-paragraph (2) are—

(a)the requirements as to brakes, plates and signs in paragraphs 7 to 15;

(b)the requirements as to weight in paragraphs 26 to 33; and

(c)such of the requirements of the Construction and Use Regulations, the Authorised Weight Regulations and the Lighting Regulations as are specified in paragraph 35 or 36.

(4) For the purposes of the remaining provisions of this Schedule, any engineering plant, or vehicle-combination that includes engineering plant, which complies with the requirements applicable to an AILV (or AILV-combination) falling within Category 1, 2, or 3 (as the case may be) is itself to be treated as falling within the Category in question.

22.—(1) Engineering plant, or a vehicle-combination that includes engineering plant, which falls within Category 1, 2 or 3 must not travel on a motorway, dual carriageway or other description of road at speeds exceeding the speed specified in Table 10 for that Category in respect of the description of road in question.

Table 10
Speed restrictions for engineering plant treated as falling within Category 1, 2 or 3
Vehicle or vehicle-combinationMotorwayDual carriagewayOther roads
Category 160 mph50 mph40 mph
Category 2 or 340 mph35 mph30 mph

(2) But where the plant or vehicle-combination does not have suspension on all axles, the plant or vehicle-combination must not travel at speeds exceeding 20 miles per hour.

23.  Nothing in this Schedule is to be taken to authorise travel at any speed in excess of any speed restriction imposed by or under any other enactment.

PART 4APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Engineering plant treated as falling within Category 1, 2 or 3

24.  Engineering plant, or a vehicle-combination that includes engineering plant, which falls within Category 1, 2 or 3 must comply with—

(a)the Construction and Use Regulations;

(b)the Authorised Weight Regulations; and

(c)the Lighting Regulations;

to the same extent as an AILV (or AILV-combination) falling within the same Category must, by virtue of paragraph 35 or 36 of Schedule 1, comply with those Regulations.

Slow plant

25.—(1) Slow plant must comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 11 and, in the case of slow plant to which any of paragraphs 26 to 29 apply, apart from such additional provisions of those Regulations as are specified in the paragraph in question; and

(b)the Lighting Regulations.

(2) But regulation 16 of the Construction and Use Regulations (braking systems) does apply to slow plant that is a wheeled motor vehicle.

Table 11
Slow plant: Construction and Use Regulations that do not apply to any slow plant
Non-applicable RegulationsSubject
7Length
8Width
10A to 14Other provisions as to dimensions and manoeuvrability
15,16Braking systems
17Vacuum or pressure brake warning devices
18(1A) to (9)Maintenance and efficiency of brakes
19Application of brakes of trailers
20 to 22, 24 to 26Wheels, springs, tyres and tracks
35 to 36CInstruments and equipment
39A, 39BFuel
49 to 53BProtective systems
62 to 65Control of emissions
66 to 74Plates, markings, testings and inspection
75Maximum permitted laden weight of vehicle
76 to 80Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82Restrictions on use of vehicles carrying wide or long loads

26.—(1) This paragraph applies to any slow plant that is a wheeled motor vehicle.

(2) Regulation 23 (wheel loads) of the Construction and Use Regulations does not apply to any wheeled motor vehicle that is designed and used solely for the purpose of laying materials for the repair or construction of road surfaces if the weight transmitted to the road surface by any two wheels in line transversely does not exceed 11,180 kilograms.

(3) Regulation 27(1)(f) (tyre tread) of the Construction and Use Regulations does not apply to any wheeled motor vehicle that—

(a)is designed for use in work of construction and repair of road surfaces;

(b)has wheels fitted with pneumatic tyres with smooth treads for such use; and

(c)is incapable by reason of its construction of exceeding a speed of 20 miles per hour on the level under its own power.

27.—(1) This paragraph applies to any slow plant that is a wheeled trailer.

(2) Regulation 27(1)(b) and (f) (tyre inflation level and tyre tread) of the Construction and Use Regulations does not apply to a wheeled trailer that—

(a)is designed for use in work of construction and repair of road surfaces; and

(b)has wheels fitted with pneumatic tyres with smooth treads for such use.

28.—(1) This paragraph applies to any slow plant that is a track-laying motor vehicle.

(2) Regulation 28 (tracks) of the Construction and Use Regulations does not apply to a road roller.

(3) The following provisions of the Construction and Use Regulations do not apply to a vehicle which was registered (within the meaning of the Construction and Use Regulations) on or before 31st December 1951—

(a)regulation 31 (glass); and

(b)regulation 34 (windscreen wipers and washers).

29.—(1) This paragraph applies to any slow plant that is a track-laying trailer (including a road roller).

(2) Regulation 28 (tracks) of the Construction and Use Regulations does not apply.

Article 10(4) and 11(1)(a)

SCHEDULE 4ROAD RECOVERY VEHICLES

PART 1DEFINED TERMS

1.—(1) In this Order “road recovery vehicle” means a vehicle that is—

(a)a locomotive;

(b)a motor vehicle of category N3; or

(c)a vehicle-combination comprising a motor vehicle of category N3 and a trailer of category O4;

and that satisfies the three conditions in sub-paragraphs (2) to (4).

(2) The first condition is that the vehicle is specially designed and constructed for the purpose of recovering disabled road vehicles or is permanently adapted for that purpose.

(3) The second condition is that the vehicle is fitted with a crane, winch or other lifting system specially designed to be used for the purpose of recovering another vehicle.

(4) The third condition is that the vehicle meets the requirements for registered use as a recovery vehicle under Part 5 of Schedule 1 to the Vehicle Excise and Registration Act 1994(31).

PART 2CONSTRUCTION

2.—(1) A road recovery vehicle must be a wheeled vehicle.

(2) Every wheel must be fitted with a pneumatic tyre.

3.  A warning beacon emitting an amber light must be fitted to a road recovery vehicle.

PART 3PLATES

4.  A road recovery vehicle must be equipped with a plate that specifies the maximum weight that may be lifted by any crane, winch or other lifting system with which the vehicle is fitted.

PART 4CONDITIONS RELATING TO USE

Restriction on carriage of loads and towing of vehicles

5.—(1) A road recovery vehicle must not carry or tow any load or transport any goods or burden.

(2) But that is subject to paragraphs 6 and 7.

6.  A road recovery vehicle may carry its own necessary gear and equipment.

7.—(1) Except as stated in sub-paragraph (2), a road recovery vehicle may carry or tow a disabled vehicle or vehicle-combination when conveying it to a destination in accordance with the instructions of the owner or driver of the vehicle or when conveying it to an appropriate destination for repair.

(2) Where a recovery of a disabled vehicle or vehicle-combination is effected by using a drawbar or lift-and-tow method, the road recovery vehicle must not carry or tow the disabled vehicle or vehicle-combination any further than is reasonably necessary in order to clear any road obstructed by it and to facilitate the use of roads by other persons.

8.—(1) At any time when a disabled vehicle or vehicle-combination is being towed by a road recovery vehicle, the braking system of the disabled vehicle or vehicle-combination must not be operated by any device other than an approved brake connection point that is fitted to both the road recovery vehicle and the disabled vehicle or vehicle-combination.

(2) In sub-paragraph (1), “approved brake connection point”, in relation to a road recovery vehicle, means a device which is—

(a)approved by the manufacturer of the vehicle;

(b)fitted to the vehicle in the course of its construction or adaptation; and

(c)specially designed for use in the course of recovering disabled vehicles or vehicle-combinations in order to provide a means by which the braking system of the disabled vehicle or vehicle-combination can be safely and effectively controlled from the road recovery vehicle.

9.  A road recovery vehicle must not tow a disabled vehicle or vehicle-combination if the weight of the road recovery vehicle, together with the weight of the vehicle or vehicles being towed, would exceed the maximum train weight shown on the plate required to be fitted to the road recovery vehicle by regulation 66 of the Construction and Use Regulations (plates for goods vehicles and buses).

Beacons

10.—(1) When a road recovery vehicle is used on roads, the beacon fitted to it under paragraph 3 must be kept lit—

(a)when the road recovery vehicle is stationary at the scene of the breakdown; or

(b)when the road recovery vehicle is unable, on account of any vehicle or vehicles it is towing, the weather conditions or otherwise, to maintain speeds appropriate to the road.

(2) But, in the circumstances described in sub-paragraph (1)(a), the beacon may be switched off if—

(a)there is no reasonable prospect of the presence of the road recovery vehicle causing a hazard to persons using the road (so that it is not necessary or desirable to warn persons of its presence); or

(b)it is likely that the use of the beacon could confuse or mislead other road users.

Maximum width

11.—(1) The overall width of a road recovery vehicle must not exceed the limits imposed by regulation 8 of the Construction and Use Regulations (restrictions as to width).

(2) But sub-paragraph (1) does not apply to a road recovery vehicle that satisfies the width conditions.

(3) The width conditions are that—

(a)the road recovery vehicle is a trailer;

(b)the trailer is used only for, or in connection with, the recovery of vehicles of a description that can only safely be recovered by a road recovery vehicle with an overall width exceeding the limits imposed by regulation 8 of the Construction and Use Regulations; and

(c)the overall width of the trailer does not exceed 3 metres.

Maximum length

12.—(1) The overall length of a road recovery vehicle must not exceed 18.75 metres.

(2) But sub-paragraph (1) does not apply to restrict the combined length of a road recovery vehicle together with any disabled vehicle or vehicle-combination carried or towed by it in the course of a recovery.

Maximum vehicle weight

13.  The gross weight of a road recovery vehicle must not exceed—

(a)36,000 kilograms in the case of a locomotive, the weight of which is transmitted to the road surface through 3 axles;

(b)50,000 kilograms in the case of a locomotive, the weight of which is transmitted to the road surface through 4 or more axles;

(c)80,000 kilograms in the case of a vehicle-combination comprising a motor vehicle of category N3 and a trailer of category O4, where the weight of the combination is transmitted to the road surface through 6 or more axles;

(d)in any other case, the maximum authorised weight (within the meaning of the Authorised Weight Regulations) for the description of vehicle in question.

Maximum axle and wheel weights

14.—(1) The distance between any two adjacent axles of a road recovery vehicle must not be less than 1.3 metres.

(2) The axle weight of a road recovery vehicle must not exceed 12,500 kilograms.

(3) The wheel weight of a road recovery vehicle must not exceed 6,250 kilograms.

(4) Where a road recovery vehicle has axles in two or more groups—

(a)the distance between the adjacent axles in any group must not be less than 1.3 metres; and

(b)the sum of the weights transmitted to the road surface by all the wheels in any group must not exceed 25,000 kilograms.

(5) But sub-paragraph (4)(b) does not apply to a road recovery vehicle falling within paragraph 13(c).

15.—(1) If a road recovery vehicle has only one front steer axle, that axle must carry at least 40 per cent of the maximum axle weight shown on the plate required by regulation 66 of the Construction and Use Regulations (plates for goods vehicles and buses).

(2) If the vehicle has two or more front steer axles, all those axles taken together must carry at least 40 per cent of such weight.

Speed restrictions

16.—(1) A road recovery vehicle must not, at any time when it is carrying or towing a disabled vehicle or vehicle-combination, travel at speeds exceeding—

(a)40 miles per hour on a motorway;

(b)30 miles per hour on a dual carriageway; or

(c)30 miles per hour on any other road.

(2) Nothing in this Schedule is to be taken to authorise travel at any speed in excess of any speed restriction imposed by or under any other enactment.

PART 5APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

17.  A road recovery vehicle must comply with—

(a)the Construction and Use Regulations, apart from the provisions of those Regulations specified in Table 12;

(b)the Authorised Weight Regulations, but only to the extent specified in paragraph 13 of this Schedule; and

(c)the Lighting Regulations.

Table 12

Road recovery vehicles: Construction and Use Regulations that do not apply

Non-applicable RegulationsSubjects
36A, 36B, 36CSpeed limiters
51Sideguards
70, 70BPlates
70ASpeed limiters
72Additional markings
73Test date disc
75Maximum permitted laden weight of vehicle
76Maximum permitted laden weight of vehicle and trailer, other than articulated vehicle
77Maximum permitted laden weight of articulated vehicle
78Maximum permitted wheel and axle weights
79Maximum permitted weights for certain closely-spaced axles etc
79ASavings for Authorised Weight Regulations
82Restrictions on use of vehicles carrying wide or long loads
83(1)Numbers of trailers

Article 12(1), 13(2), 17(3), 23(2), 24(4), 31(3), 34(3), 38(2), 39(2), and 48(2)

SCHEDULE 5NOTICES TO POLICE

Defined term

1.  In this Schedule “single rigid unit”, in relation to a Part 2 vehicle-combination, has the meaning given in article 12(4).

Notices

2.—(1) A notice must be given to the chief officer of police for each area in which the vehicle or vehicle-combination is to be used.

(2) A notice under article 23(2)(a), 24(4)(a) or 48(2)(a) must be given so that it is received by the chief officer of police before the beginning of the period of 24 hours that ends immediately before the date of use.

(3) In any other case, the notice must be given so that it is received by the chief officer of police before the beginning of the period of two days which ends immediately before the date of use.

(4) The chief officer of police for any area may accept a shorter period of notice in any case.

(5) “Date of use”, in relation to any vehicle or vehicle-combination to which a notice relates, means the date on which the use on roads of the vehicle or vehicle-combination is to begin.

3.  The notice must be in a form acceptable to the recipient and should be agreed by both parties.

4.—(1) The notice(32) must contain—

(a)a list of all police forces to which notice is given;

(b)details of the user of the vehicle or vehicle-combination, stating—

(c)details of the intended use of the vehicle or vehicle-combination, stating—

(d)details of the vehicle or vehicle-combination used, stating—

(2) The chief officer of police for any area may accept fewer details in any case.

Use of vehicle in accordance with notice

5.  Except as stated in paragraph 6 or 7, the vehicle or vehicle-combination must be used in accordance with the details given under paragraph 4.

6.  Paragraph 5 does not apply to the extent required to comply with—

(a)any directions, in relation to the time, date or route of the journey, that are given to the user of the vehicle or vehicle-combination by the chief officer of police; and

(b)any directions to halt the vehicle in a place on, or adjacent to, the road on which the vehicle is travelling which are given to the driver by a police constable either—

(i)in the interests of road safety; or

(ii)in order to avoid undue traffic congestion.

7.—(1) This paragraph applies in relation to the use on roads of a Part 2 vehicle-combination that includes an abnormal indivisible load vehicle that is a trailer.

(2) Where it is found impracticable to use any vehicle specified in a notice given under this Part, a vehicle of a similar type may be substituted if notice of the substitution is given to every person to whom the earlier notice was given.

Article 12(1), 14(1), 15(4), 23(3), 24(5), 31(3) and 34(4)

SCHEDULE 6ATTENDANTS

1.—(1) A person (“an attendant”) must be employed—

(a)to accompany the vehicle or vehicle-combination;

(b)to attend to the vehicle or to all vehicles comprised in the combination;

(c)to attend to any load or loads carried on such vehicle or vehicles; and

(d)to give warning to the driver of the vehicle or vehicle-combination, and to any other person, of any danger likely to be caused to such other person by reason of the presence on the road of the vehicle or vehicle-combination.

(2) References to the driver of a vehicle-combination are references to the driver of the foremost motor vehicle in the combination.

2.—(1) A person may be employed as an attendant only if he has appropriate training or experience to enable him to perform the tasks mentioned in paragraph 1.

(2) The person appointing the attendant must take appropriate steps to inform the attendant of any personal risks and dangers arising from performing the tasks mentioned in paragraph 1 (for example, risks arising from the attendant moving on foot between vehicles or from his using any remote controlled steering device to assist the driver).

3.—(1) In a case where a journey is made by a vehicle (“vehicle A”) and an attendant employed to accompany A travels in another vehicle (“vehicle B”), the attendant is to be treated as employed in accordance with this Schedule only if—

(a)arrangements are made with a view to ensuring that, as far as is reasonably practicable, the attendant can see vehicle A at all times during the journey; and

(b)a direct radio voice link is in operation at all times between vehicle A and vehicle B.

(2) In all other cases, the attendant is to be treated as employed in accordance with this Schedule only if effective arrangements are made to ensure that the attendant is in a position to observe the vehicles and any load and give any necessary warning.

4.—(1) A person employed by virtue of paragraph 1 must be additional to the person or persons employed to drive the vehicle.

(2) Where three or more vehicles are travelling together in convoy, only the rearmost and foremost vehicles in the convoy must be accompanied by an attendant.

(3) Any person or persons employed in driving a motor vehicle for the purpose of assisting the propulsion of another vehicle is not to be treated as an attendant in relation to that other vehicle.

Article 15(5), 23(4) and 34(5)

SCHEDULE 7NOTICES TO SECRETARY OF STATE

1.—(1) An application for the consent of the Secretary of State must be made in writing.

(2) The application(33) must contain—

(a)contact details for the applicant (and, if different, the haulier) stating—

(b)details of the intended use of the vehicle or vehicle-combination, stating—

(c)details of the vehicle or vehicle-combination, stating—

(d)where a vehicle or vehicle-combination is to carry an abnormal indivisible load or a load of exceptional width, information relating to the load, stating—

(e)any other relevant matter.

(3) In sub-paragraph (2)—

(a)“single rigid unit”, in relation to a Part 2 vehicle-combination, has the meaning given in article 12(4); and

(b)a vehicle is to be treated as carrying a load of exceptional width only where it falls within the recognised category of special vehicles mentioned in article 28(1) and the overall width of the vehicle, together with the width of any lateral projection or projections of the load, exceeds 5 metres.

2.—(1) If, following an application under paragraph 1, the Secretary of State gives consent in respect of any road movement of a vehicle or vehicle-combination, any written document from the Secretary of State which evidences the consent must be carried in the vehicle (or in one of the vehicles included in the vehicle-combination) at all times when the vehicle or vehicle-combination is being used for the purpose of the journey to which the consent relates.

(2) The vehicle or vehicle-combination must be used in accordance with the details in the written document.

(3) But if—

(a)a direction as to the time, date or route of the journey is given to the applicant (or, if different, the haulier) by a chief officer of police for any area in which the vehicle is to be used; and

(b)the Secretary of State gives his approval to the direction;

Article 16 and 25

SCHEDULE 8MARKING OF PROJECTIONS

PART 1DEFINED TERMS

1.  In this Schedule—

“end marker” means a marker fitted to the end of any forward or rearward projection of a load which either—

(a)

has the dimensions and surface appearance specified in the first diagram in Part 5 of this Schedule; or

(b)

is a marker which, for the purpose of securing that any forward or rearward projection of a load or loads carried on a vehicle is made clearly visible to other persons using the roads, is designed to be fitted to the end of the projection and is approved for that purpose by the appropriate authority in—

(i)

another EEA State; or

(ii)

any other country which is a member of the United Nations Economic Commission for Europe;

“relevant vehicle” means—

(a)

a Part 2 vehicle;

(b)

a Part 2 vehicle-combination; or

(c)

a special type agricultural vehicle; and

“side marker” means a marker fitted to the side of any forward, rearward or lateral projection of a load which either—

(a)

has the dimensions and surface appearance specified in the second diagram in Part 5 of this Schedule; or

(b)

is a marker which, for the purpose of securing that any forward, rearward or lateral projection of a load or loads carried on a vehicle is made clearly visible to other persons using the roads, is designed to be fitted to the side of the projection and is approved for that purpose by a recognised authority in—

(i)

another EEA State; or

(ii)

any other country which is a member of the United Nations Economic Commission for Europe.

PART 2FORWARD AND REARWARD PROJECTIONS

2.  Paragraphs 3 to 6 apply cumulatively.

General visibility of forward or rearward projections

3.  Where the length of a forward or rearward projection of a load carried on a relevant vehicle exceeds 1 metre—

(a)the projection must be made clearly visible, within a reasonable distance, to a person using the road at the end of the vehicle from which the projection extends; and

(b)it must be made clearly visible from the side of the vehicle.

Markers for the end of a forward or rearward projection

4.—(1) Where the length of a forward or rearward projection of a load carried on a relevant vehicle exceeds 2 metres, an end marker must be fitted to the end of the projection.

(2) Sub-paragraph (1) does not apply if a rear marking has been fitted to the projection in accordance with regulation 21 of the Lighting Regulations.

(3) An end marker under sub-paragraph (1) must be fitted so that—

(a)it is as near as is practicable in a transverse plane;

(b)it is not more than 0.5 metre from the extreme end of the projection;

(c)the vertical distance between the lowest part of the end marker and the surface of the road is not more than 2.5 metres;

(d)the end marker, and any means by which it is fitted to the projection, impedes the view of the driver of the vehicle as little as possible; and

(e)the end marker is clearly visible, within a reasonable distance, to a person using the road at the end of the vehicle from which the projection extends.

Markers for the side of a forward or rearward projection

5.—(1) Where the length of a forward or rearward projection of a load carried on a relevant vehicle exceeds 3 metres, one side marker must be fitted to the right hand side of the projection and one side marker must be fitted to its left hand side.

(2) The side markers under sub-paragraph (1) must be fitted so that—

(a)each side marker is, as near as is practicable, in a longitudinal plane;

(b)no part of a side marker extends beyond the end of the projection;

(c)the vertical distance between the lowest part of each side marker and the surface of the road is not more than 2.5 metres;

(d)the horizontal distance between each side marker and the end-marker (or, as the case may be, the rear marking fitted to the projection in accordance with the Lighting Regulations) does not exceed 1 metre; and

(e)each side marker is clearly visible, within a reasonable distance, to a person using the road on that side of the projection.

6.—(1) This paragraph applies where any relevant vehicle is carrying a load and—

(a)the length of any forward projection of the load exceeds 4.5 metres; or

(b)the length of any rearward projection of the load exceeds 5 metres.

(2) Additional side markers must be fitted to the right hand side and the left hand side of a forward or rearward projection so that the horizontal distance between the extreme projecting points of the relevant vehicle and the nearest points of any adjacent side markers does not exceed—

(a)2.5 metres in the case of a forward projection;

(b)3.5 metres in the case of a rearward projection.

(3) The additional side markers also must be fitted to the projection so that—

(a)each additional side marker is, as near as is practicable, in a longitudinal plane;

(b)the vertical distance between the lowest part of each additional side marker and the surface of the road is not more than 2.5 metres; and

(c)each additional side marker is clearly visible, within a reasonable distance, to a person using the road on that side of the projection.

(4) In determining the extreme projecting points of a relevant vehicle for the purposes of sub-paragraph (2), any part of a crane or other special appliance or apparatus, which is treated as a forward projection or a rearward projection by virtue of article 6(3), is to be disregarded.

PART 3LATERAL PROJECTIONS

Markers for a lateral projection

7.—(1) This paragraph applies where—

(a)any relevant vehicle is carrying a load; and

(b)the load has a lateral projection or projections on either side exceeding 305 millimetres in length.

(2) Side markers must be fitted to the lateral projection so that, in respect of each side of the vehicle from which the projection extends, one marker is visible from the front of the vehicle and one marker is visible from the rear of the vehicle.

(3) Each side marker must be fitted so that at least part of it is within 50 millimetres of a longitudinal plane passing through the point on that side of the projection which is furthest from the axis of the vehicle.

8.—(1) If the user of the vehicle shows that it is not reasonably practicable to fit side markers in accordance with paragraph 7, the load must be marked with tape so that the point at which the width of the load is at its greatest is clearly visible from the front, rear and side of the vehicle.

(2) The tape must be—

(a)red, yellow or white (or any combination); and

(b)made of day-glow, fluorescent or retro-reflective material which is of a standard approved by—

(i)the British Standards Institution; or

(ii)an equivalent body in another EEA State or in any other country which is a member of the United Nations Economic Commission for Europe.

(3) Nothing in this paragraph affects any requirement imposed by the Lighting Regulations, including, in particular, the requirements of regulation 11(1) (which states that no retro-reflective material is to be fitted to a vehicle which is capable of showing red light to the front of the vehicle) and regulation 11(2) (which states that no retro-reflective material is to be fitted to a vehicle which is capable of showing any light other than red to the rear).

PART 4GENERAL VISIBILITY OF MARKERS

9.  Any end marker or side marker which is required by any provision of this Schedule to be fitted to a projection of a load must be kept clean and unobscured.

10.  Between sunset and sunrise, and at all times when visibility is seriously reduced, any end marker or side marker must be kept illuminated by a lamp which—

(a)makes the marker readily visible from a reasonable distance; and

(b)is shielded so that its light (except as reflected from the marker) is not visible to other persons using the road.

PART 5APPEARANCE OF MARKERS

Diagram of end marker surface

Article 17(1), 35(2) and 40(2)

SCHEDULE 9ROAD AND BRIDGE AUTHORITIES

PART 1NOTICES

1.—(1) In this Schedule “the authority” means—

(a)in relation to a road, the highway authority for that road;

(b)in relation to a bridge vested in a transport authority, that authority;

(c)in relation to any other bridge, the authority, body or person in whom the bridge is vested.

(2) For the purposes of sub-paragraph (1)(b)—

“transport authority” means the authority, body or person having the control or management of a transport undertaking; and

“transport undertaking” means a railway, tramway, dock, harbour, pier, canal or inland navigation undertaking which carries on its activities, or some of its activities, under statutory authority.

2.—(1) A notice must be given to—

(a)the authority for each road on which the vehicle or vehicle-combination is to be used; and

(b)the authority for each bridge on which the vehicle or vehicle-combination is to be used.

(2) In the case of any vehicle or vehicle-combination which has a gross weight exceeding 80,000 kilograms, the notice must be given so that it is received by each authority before the beginning of the period of five days which ends immediately before the date of use.

(3) In any other case, the notice must be given so that it is received by each authority before the beginning of the period of two days which ends immediately before the date of use.

(4) An authority may accept a shorter period of notice in any case.

(5) “Date of use”, in relation to any vehicle or vehicle-combination to which a notice relates, means the date on which the use on roads of the vehicle or vehicle-combination is to begin.

3.  The notice must be in a form acceptable to the authority to which it is to be given and should be agreed by both parties.

4.—(1) The notice(34) must contain—

(a)a list of all the authorities to which notice is given;

(b)details of the user of the vehicle or vehicle-combination, stating—

(c)details of the intended use of the vehicle or vehicle-combination, stating—

(d)details of the vehicle or vehicle-combination used, stating—

(2) The authority may accept fewer details in any case.

(3) In sub-paragraph (2)(d), “single rigid unit” in relation to a Part 2 vehicle-combination has the meaning given by article 12(4).

5.—(1) This paragraph applies in relation to the use on roads of a Part 2 vehicle-combination that includes an abnormal indivisible load vehicle that is a trailer.

(2) Where it is found impracticable to use any vehicle specified in a notice given under this Part, a vehicle of a similar type may be substituted if notice of the substitution is given to every authority to which the earlier notice was given.

PART 2INDEMNITIES

6.—(1) An indemnity under this Part of this Schedule may be given in relation to—

(a)a particular journey; or

(b)in relation to any journey made during a period of one year or less, starting with the date on which the indemnity is given.

(2) Paragraph 6(1)(b) applies only if the authority to which the indemnity is to be given agrees to it in writing.

7.  An indemnity is given in accordance with this Part of this Schedule if it is given in the following form.

THE INDEMNITY

Article 32(2) and 33(b)

SCHEDULE 10LOCAL EXCAVATION VEHICLES

PART 1MEANING OF LOCAL EXCAVATION VEHICLE

1.—(1) In this Schedule “local excavation vehicle” means any moveable plant or equipment which is a heavy motor car, trailer or articulated vehicle and which satisfies the four conditions specified in sub-paragraphs (2) to (5).

(2) The first condition is that the vehicle is intended for use on a work site on private premises.

(3) The second condition is that the vehicle is specially designed and constructed for the primary purpose of moving excavated material.

(4) The third condition is that the vehicle is fitted with a tipping body, moving platform or other similar device for discharging its load.

(5) The fourth condition is that the vehicle does not fall within the definition of engineering plant set out in paragraph 2 of Schedule 3.

PART 2CONSTRUCTION

Wheels

2.  Every wheel of a local excavation vehicle must be fitted with a pneumatic tyre.

PART 3CONDITIONS RELATING TO USE

General restrictions

3.—(1) A local excavation vehicle may only be used on roads—

(a)to proceed between different parts of the same private premises; or

(b)to proceed between the private premises and a port.

(2) But nothing in this Order is to be taken to authorise use on roads of the local excavation vehicle beyond a radius of three miles drawn around the outermost perimeter of the port or of any work site on the private premises on which the vehicle is used.

Restrictions on carriage of loads etc

4.—(1) A local excavation vehicle must not carry any load or transport goods or burden.

(2) But a local excavation vehicle may carry its own necessary gear and equipment.

Restrictions on towing of trailers

5.—(1) A local excavation vehicle that is a heavy motor car must not tow any trailer.

(2) But sub-paragraph (1) does not apply to a heavy motor car forming part of an articulated vehicle.

6.—(1) This paragraph applies to a motor vehicle towing a trailer where—

(a)the motor vehicle or trailer is a local excavation vehicle; or

(b)the motor vehicle and trailer together comprise an articulated vehicle that is a local excavation vehicle.

(2) A motor vehicle to which this paragraph applies must not tow any other trailer.

Maximum width

7.  The overall width of a local excavation vehicle must not exceed 6.1 metres.

Maximum length

8.  The overall length of a local excavation vehicle must not exceed—

(a)in the case of a heavy motor car, the maximum permitted by regulation 7 of the Construction and Use Regulations;

(b)in the case of a local excavation vehicle that is a trailer, 8.54 metres;

(c)in the case of a local excavation vehicle that is an articulated vehicle, 13.4 metres.

Restrictions relating to weight: gross weight

9.—(1) The gross weight of a local excavation vehicle—

(a)must not exceed 50,800 kilograms for a vehicle that is—

(i)a heavy motor car not forming part of an articulated vehicle; or

(ii)an articulated vehicle; and

(b)in the case of a vehicle that is trailer, must not exceed the maximum authorised weight (within the meaning of Schedule 1 to the Authorised Weight Regulations) for a trailer of the same description.

(2) Where the trailer is one to which the Authorised Weight Regulations do not apply, the reference to Schedule 1 of those Regulations is to be taken as a reference to the equivalent provisions of regulations 75 to 79 of the Construction and Use Regulations.

Restrictions relating to weight: axle weight

10.—(1) The axle weight for a local excavation vehicle—

(a)must not exceed 22,860 kilograms for a vehicle that is—

(i)a heavy motor car not forming part of an articulated vehicle; or

(ii)an articulated vehicle; and

(b)in the case of a vehicle that is trailer, must not exceed the maximum authorised axle weight (within the meaning of Schedule 3 to the Authorised Weight Regulations) for a trailer of the same description.

(2) Where the trailer is one to which the Authorised Weight Regulations do not apply, the reference to Schedule 3 of those Regulations is to be taken as a reference to the equivalent provisions of regulations 75 to 79 of the Construction and Use Regulations.

Speed restrictions

11.—(1) A local excavation vehicle must not travel at speeds exceeding—

(a)40 miles per hour on a motorway;

(b)12 miles per hour on any other road.

(2) But nothing in this Order is to be taken to authorise travel at any speed in excess of any other speed restriction imposed by or under any other enactment.

PART 4APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

12.—(1) A local excavation vehicle must comply with—

(a)the Construction and Use Regulations, apart from (according to the description of the vehicle in question) such provisions of those Regulations as are specified in paragraph 13;

(b)the Authorised Weight Regulations, if it is not excluded from complying with those Regulations by sub-paragraph (2) of this paragraph; and

(c)the Lighting Regulations.

(2) A local excavation vehicle is excluded from complying with the Authorised Weight Regulations if it is—

(a)a heavy motor car not forming part of an articulated vehicle; or

(b)an articulated vehicle.

13.—(1) In the case of a local excavation vehicle that is a heavy motor car not forming part of an articulated vehicle, the provisions of the Construction and Use Regulations specified in Table 13 do not apply.

Table 13

Non-applicable regulationsSubject
8Width
16(4), Item 8 of TableBraking system of certain vehicles
18(1A) to (9)Maintenance and efficiency of brakes
22Springs and resilient material
63Wings
66Plates for goods vehicles
75 to 80Maximum permitted weights

Table 14

Trailer not forming part of an articulated vehicle: Construction and Use Regulations that do not apply

Non-applicable regulationsSubject
8Width
18(1A) to (9)Maintenance and efficiency of brakes
22Springs and resilient material
63Wings
66Plates for goods vehicles

Table 15

Articulated vehicle: Construction and Use Regulations that do not apply

Non-applicable regulationsSubject
7Length
8Width
16(4), Item 8 of TableBraking system of certain vehicles
18(1A) to (9)Maintenance and efficiency of brakes
22Springs and resilient material
63Wings
66Plates for goods vehicles
75 to 80Maximum permitted weights

Article 37(b)

SCHEDULE 11VEHICLES FOR TESTS, TRIALS OR NON-UK USE ETC

PART 1INTERPRETATION

1.  In this Schedule “relevant vehicle” means any motor vehicle or trailer which falls within a recognised category of special vehicles specified in article 36(1)(a) to (e).

PART 2CONDITIONS RELATING TO USE

General restrictions

2.  A relevant vehicle may only be used on roads for—

(a)testing;

(b)demonstration;

(c)delivery on sale;

(d)proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul.

3.  Paragraph 2 does not apply in relation to a relevant vehicle where—

(a)a person (“A”) has been approved by the Secretary of State for the purposes of this Schedule;

(b)the vehicle is registered under the Vehicle and Excise Registration Act 1994(35) and the registration is in A’s name only; and

(c)the vehicle is being used either—

(i)by A for the sole purpose of making an evaluation of it; or

(ii)by another person (“B”) in the circumstances described in sub-paragraph (2) and for the purpose of assisting A to make such an evaluation.

(2) The circumstances described in this sub-paragraph are—

(a)that A has lent the vehicle to B on terms that include a requirement for B to supply A with information or opinions derived from his use of it, and for B to return the vehicle to A on demand; and

(b)that the vehicle is being used by B in accordance with those terms.

4.  A relevant vehicle must not be used in such a way as to cause a danger of injury to any person by reason of—

(a)the condition of the vehicle, its accessories or equipment;

(b)the purpose for which it is used;

(c)the number of passengers carried by it;

(d)the manner in which such passengers are carried;

(e)the weight, position or distribution of any load carried on the vehicle; or

(f)the manner in which any such load is secured.

Restriction of carriage of loads etc

5.—(1) A relevant vehicle that is used on roads must not carry any load or transport goods or burden.

(2) But that is subject to paragraphs 6 and 7.

6.  A relevant vehicle may carry—

(a)its own necessary gear and equipment; and

(b)any apparatus or ballast necessary for the purpose of carrying out a test or trial of the vehicle.

7.—(1) A relevant vehicle may carry a load if it complies with such of the requirements of the Authorised Weight Regulations as apply to a vehicle of that description.

(2) Where the vehicle is one to which the Authorised Weight Regulations do not apply, the reference to requirements of those Regulations is to be taken as a reference to the applicable requirements of regulations 75 to 79 of the Construction and Use Regulations.

PART 3CONDITIONS RELATING TO USE

8.—(1) A relevant vehicle must comply with—

(a)the provisions of the Construction and Use Regulations specified in Table 16, but subject to the modifications of those provisions which are specified in paragraph 9;

(b)the Authorised Weight Regulations; and

(c)the provisions of the Lighting Regulations specified in Table 17, but subject to the modifications of those provisions which are specified in paragraph 10.

9.  In their application to a relevant vehicle, the Construction and Use Regulations specified in Table 16 are to be read subject to the following modifications—

(a)regulation 16 applies to all relevant vehicles (and not only those to which regulation 15 of those Regulations does not apply) except that, in the circumstances envisaged in the provisos to paragraphs (1), (1A), (1C) and (1D) of regulation 15, a relevant vehicle may comply instead with the requirements specified in each of those paragraphs respectively;

(b)regulation 82(8)(c)(ii)(B) of the Construction and Use Regulations does not require any advance notice to be given to police in accordance with paragraph 1 of Schedule 12 to those Regulations.

10.—(1) In their application to a relevant vehicle, regulations 18 and 22 of the Lighting Regulations are to be read as if—

(a)the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted;

(b)the requirements relating to angles of visibility were omitted; and

(c)the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent.

(2) In its application to a relevant vehicle, regulation 18 of the Lighting Regulations is also to be read as if the requirements relating to the fitting of a dim-dip device or running lamp in Table 1 of Schedule 1 were omitted.

Table 16

Vehicles for tests, trials or non-UK use etc: Construction and Use Regulations that do apply

Applicable RegulationsSubject
10Indication of overall travelling height
16Braking systems
18(1)Maintenance and efficiency of brakes
20General requirement as to wheels and tracks
26Mixing of tyres
27Condition and maintenance of tyres
29Maintenance of steering gear
30View to the front
34Windscreen wipers and washers
37Audible warning instruments
53Mascots
54Silencers—general
61Emissions
62Closets
81,82Restrictions on use of vehicles carrying wide or long loads
83Number of trailers
84Trailers drawn by motor cycles
86Distance between motor vehicles and trailers
89Leaving trailers at rest
90Passengers in trailers
92Attachment of sidecars
97Avoidance of excessive noise
98Stopping of engine when stationary
99Use of audible warning instruments
100Maintenance and use of vehicles so as not to cause danger
101Parking in darkness
102Passengers on motor-cycles
103Obstruction
104Driver’s control
105Opening of doors
106Reversing
107Leaving motor vehicle unattended
108Securing of suspended implements
109Television sets

Table 17

Vehicles for tests, trials or non-UK use etc: Lighting Regulations that do apply

Applicable Lighting RegulationsSubject
11Colour of lights shown by lamps and reflectors
13Lamps to show steady light
16Restrictions on fitting blue warning beacons etc
17Obligatory warning beacons
18obligatory lamps, reflectors, rear marking and devices
19Restrictions on the obstruction of certain lamps etc
21Projecting trailers, overhanging/projecting loads etc
22Additional side marker lamps

Article 56

SCHEDULE 12VEHICLES PROPELLED BY COMPRESSED NATURAL GAS SYSTEMS

Defined terms

1.  In this Schedule—

“an accredited testing laboratory” means a testing laboratory which has been accredited by the United Kingdom Accreditation Service or by an equivalent body in another EEA State under European Standard EN 45001 : 1989 for general criteria for the operation of testing laboratories (British Standard BS 7501 : 1989);

“articulating connector” means a connector bridging the space between two separate and rigid vehicle structures;

“bar” means bar gauge;

“BS 5430 : Part I : 1990” means—

(a)

Part I of the British Standard for the periodic inspection, testing and maintenance of transportable gas containers (excluding dissolved acetylene gas containers), published by the British Standards Institution under the reference BS 5430 : Part I : 1990; or

(b)

any equivalent standard published by a recognised testing body in another EEA State;

and, in a case falling within paragraph (b), a reference in this Schedule to any particular provision of the British Standard is to be taken as a reference to the equivalent provision of any such EEA equivalent standard;

“compressed natural gas” means natural gas stored at a pressure above 30 bar;

“design pressure” means the pressure that a part of a gas propulsion system has been designed to withstand;

“gas container” means a container for gas falling within paragraph 2(1);

“g” means gravity;

“high pressure” means a pressure exceeding 7 bar;

“large bus” means a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver;

“low pressure” means a pressure not exceeding 75 millibars;

“medium pressure” means a pressure not exceeding 7 bar but exceeding 75 millibars; “millibars” means millibars gauge;

“mm” means millimetres;

“mm2” means square millimetres;

“N” means newtons;

“°C” means degrees Celsius;

“pipeline” means any pipe or passage connecting any two parts of a gas propulsion system;

“pressure relief device” means a device to protect a gas container against over-pressure; and

“regulator” means a device that automatically reduces and controls the pressure of the gas flowing through it.

Gas containers

2.—(1) This paragraph applies to any container for gas which is fitted to a motor vehicle or a trailer and which is intended for the storage of natural gas for the purpose of the propulsion of the vehicle or of the towing vehicle, as the case may be.

(2) Before its first use on a vehicle, every gas container must be pressure tested by an accredited testing laboratory at a pressure of 1.5 times the working pressure of the gas container.

(3) The pressure test must be carried out in accordance with the procedure set out in paragraph 4.7 of BS 5430 : Part I : 1990 or, where an equivalent procedure has been specified by the manufacturer, in accordance with that procedure.

3.—(1) The owner of any vehicle (or, if it is in the possession of a different person, that person) must ensure that any gas container used on that vehicle is subject to a periodic test by an accredited testing laboratory every three years, or with such greater frequency as the manufacturer specifies.

(2) The periodic test must include—

(a)the pressure test specified in paragraph 2, and

(b)an internal and external visual inspection carried out in accordance with paragraph 4.4.2 and 4.4.3 of BS 5430 : Part I : 1990 or, where an equivalent procedure has been specified by the manufacturer, in accordance with that procedure.

(3) Nothing in sub-paragraph (1) affects the obligation imposed by regulation 100 of the Construction and Use Regulations.

4.—(1) A gas container must—

(a)be suitable to be fitted to the vehicle to which it is fitted and be constructed from suitable materials;

(b)be capable of containing natural gas operating at a working pressure of 200 bar settled at 15°C with a maximum filling pressure of 260 bar;

(c)be free from any visible damage or defect and not have been the subject of any alteration or repair subsequent to its manufacture;

(d)be fitted with a manually operable isolation valve and a pressure relief device (but may in addition be fitted with an electrically operable isolation valve);

(e)be used for no more than 30 years from the date of manufacture; and

(f)be marked as follows in characters which, unless otherwise stated, are not less than 6mm high—

(i)“CNG ONLY” in letters at least 25mm high;

(ii)the date of manufacture;

(iii)“DO NOT USE AFTER ... ... ... ...” in characters at least 25mm high, and specifying the month and year of expiry;

(iv)the design pressure at a temperature of 15°C;

(v)the month and year of the original pressure test carried out in accordance with paragraph 2, together with the identity of the testing station;

(vi)the month and year of any subsequent periodic pressure test carried out in accordance with paragraph 3, together with the identity of the testing station; and

(vii)the design life of the gas container if less than 30 years.

(2) Where a gas container contains a mark from a previous pressure test carried out in accordance with paragraph 2 or 3, any additional test mark required by sub-paragraph (1)(f) must be placed adjacent to the previous test mark.

(3) Any gas container crumple zone must be so mounted that—

(a)the effectiveness of any vehicle crumple zone is not impaired;

(b)it is securely attached to the vehicle by suitable mountings that will protect the gas container from displacement or damage due to vibration or other cause;

(c)the gas container and its mountings do not weaken the vehicle’s structure or affect the vehicle’s stability;

(d)it is placed in such a position that the risk of impact damage to the gas container and its isolation valve is, as far as is practicable, reduced and it is placed or shielded so that the effects of any impact are, as far as is practicable, reduced;

(e)it is placed in such a position or so shielded that the risk of damage from flying debris is minimised;

(f)it is placed in such a position or so insulated or shielded that the effects of any source of heat are minimised;

(g)it is suitably protected from external corrosion and abrasion; and

(h)except as stated in sub-paragraph (4), any leaking or vented gas will be directed safely to the atmosphere preventing, as far as is practicable, the possibility of its entering the engine, passenger, driver or living compartments.

(4) Where a gas container is to be located in the driver, passenger or living compartment or in the vehicle boot, or in any space Which is not so ventilated as to prevent the accumulation of gas, the valves, connections and pipework must be enclosed in order to contain any gas leakage, either by—

(a)placing the gas container and its fittings within a durable enclosure which is sealed so that it is gas tight to the compartment, vehicle boot or space, as the case may be, and which is provided with permanent direct ventilation to the outside of the vehicle; or

(b)enclosing the neck and fittings of the gas container within a durable envelope which is gas tight to the compartment, vehicle boot or space, as the case may be, and which is provided with permanent direct ventilation to the outside of the vehicle.

(5) Any enclosure or envelope required for the purposes of sub-paragraph (4) must not contain any source of ignition.

(6) Any ventilation opening required under sub-paragraph (4) must—

(a)have a free area of not less than 600mm2; and

(b)be terminated away from any openings into any vehicle compartment. away from any source of ignition and in a position where it is not liable to blockage.

(7) Any pressure relief device contained within any enclosure must have a separate, dedicated vent line which may pass within the enclosure vent.

(8) In relation to every gas container, there must be provided (either on the gas container itself or in documents which are readily available) information concerning—

(a)any particular installation requirements;

(b)details of any pressure relief devices fitted or required to be fitted to the gas container;

(c)recommended inspection intervals (which must not be more than 3 years); and

(d)any recommended inspection procedure.

Gas container isolation

5.—(1) Any gas container must be capable of being isolated from its supply pipework by means of an isolation valve connected directly to each gas container but not between the gas container and its pressure relief device.

(2) Any isolation valve must be capable of shutting off all the gas flow from the gas container, except through the pressure relief device.

(3) Any isolation valve must be marked clearly and permanently with the direction of operation.

(4) Any isolation valve must be so protected as to ensure that its operation is unaffected by the collection of moisture and other foreign matter.

(5) Any gas container valve assembly must be so placed as, so far as is practicable, to be protected from damage.

(6) In this paragraph “isolation valve” means a manually operable isolation valve.

Pressure relief devices

6.—(1) Every gas container must be provided with a suitable pressure relief device that complies with sub-paragraphs (3) to (7).

(2) Where a pressure regulator is fitted to a gas container, any pressure relief device attached to it must comply with sub-paragraphs (3) to (7).

(3) Any pressure relief device must be such that—

(a)there is an adequate discharge rate to ensure the safety of the system;

(b)any cooling effect of the gas during discharge will not affect the discharge rate;

(c)its relieving characteristics will not be impaired on exposure to fire;

(d)operation of the device will not inhibit the discharge rate from the device;

(e)its outlet size is not less than the size of inlet or outlet pipework of the gas container;

(f)it cannot be installed in the reverse flow direction;

(g)it is so protected as to ensure that its operation is unaffected by the collection of moisture and other foreign matter;

(h)if the device is adjustable, unauthorised interference with its settings is prevented; and

(i)it is marked clearly with the set pressure or temperature and with the flow direction.

(4) Any pressure relief device must be placed so that—

(a)as far as is practicable, the device and its outlets are protected from damage and blockage in the event of an accident;

(b)its discharge rate is not inhibited if an associated gas container is located within an enclosure; and

(c)it is away from any source of heat which could impair the designed operation of the device.

(5) The discharge from a pressure relief device must terminate outside the vehicle and be directed or deflected away from any opening into the engine, driver, passenger or living compartment, vehicle boot, or any space which is not so ventilated as to prevent the accumulation of gas.

(6) The discharge from a pressure relief device must not terminate near any source of heat or other potential source of ignition.

(7) A pressure release device on any gas container or regulator located within the driver, passenger or living compartment, vehicle boot, or in any space which is not so ventilated as to prevent the accumulation of gas must have its discharge vented separately and directly to the outside of the vehicle.

Pipelines

7.—(1) Every pipeline must be fixed in such a manner and position that—

(a)it will not be adversely affected by the heat of the exhaust system of any engine or by any other source of heat;

(b)it is protected from vibration and strain in excess of that which it can reasonably be expected to withstand;

(c)it is so placed or shielded as to minimise the risk from flying debris; and

(d)in the case of a medium or high pressure pipeline it is, so far as is practicable, accessible for inspection.

(2) Except as stated in sub-paragraph (4), every medium or high pressure pipeline must be—

(a)a rigid line of seamless steel of high pressure hydraulic grade, suitable for service on road vehicles and designed for the full range of operating temperatures, pressures and loading which may occur; and

(b)effectively protected against, or shielded from, or treated so as to be resistant to, external corrosion throughout its length unless it is made from material which is corrosion resistant under the conditions which it is likely to encounter in service.

(3) No unsupported length of any medium or high pressure pipeline may exceed 600mm.

(4) Flexible hose may be used in a medium or high pressure pipeline if—

(a)it is reinforced either by stainless steel wire braid or by textile braid; and

(b)except in the case of a pipeline attached to a gas container for the purpose of filling that gas container, the flexibility which it provides is necessary for the construction or operation of the gas propulsion system of which it forms a part.

Unions and joints

8.—(1) Every union and joint on a pipeline or gas container must be constructed and fitted so that it will—

(a)not be liable to work loose or leak when in use; and

(b)be readily accessible for inspection and maintenance.

(2) Every union on a medium or high pressure pipeline or on a gas container must be made of suitable metal; but such a union may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

Filling connectors

9.—(1) Any filling connector for the refuelling of the vehicle must be of a type which is used exclusively for natural gas filling and which is compatible with the filling nozzle without the use of an adapter fitting.

(2) Gas must be prevented from flowing back from the gas container to the filling connector.

(3) Any filling connector must be covered with a dust cap, which is secured permanently to the vehicle.

(4) Where a filling connector is placed on the outside of the vehicle, it must be protected against unauthorised interference.

(5) The filling connector must be located outside the driver or passenger compartment in a suitably protected, well-ventilated and readily accessible position, away from any openings in the driver, passenger or living compartment.

Valves, safety devices and control equipment

10.—(1) Every gas propulsion system must be so designed and constructed that—

(a)the supply of gas to the engine is stopped by an automatic valve when—

(i)the engine is not running at all;

(ii)the engine is not running on the supply of gas; or

(iii)the engine ignition is off;

(b)where the valve mentioned in paragraph (a) is not integral with the regulator, it must be positioned upstream of the regulator so as to be able to isolate the gas container and filling point; and

(c)in the event of a rapid deceleration of the vehicle in an accident or similar occurrence, the supply of gas to the engine is automatically stopped at a point as close as is possible to the gas container and may only be restored manually.

(2) Where the engine or vehicle is constructed or adapted to run on one or more fuels as an alternative to gas or in addition to gas, the safety of the engine or the gas fuel system must not be impaired by the presence of any other fuel system.

(3) Except as stated in sub-paragraph (4), every gas container must (in addition to the isolation valve required under paragraph 5 and the pressure relief device required under paragraph 6) be fitted with an automatically-operated valve to prevent gas escaping from the gas container in the event of a fracture or failure of the pipeline or of any component in the gas supply system.

(4) In the case of a group of gas containers interconnected in such a manner that the pipework is protected in the event of an accident, the group of gas containers may be fitted with a single automatically-operated valve or device to prevent gas escaping from the group of gas containers in the event of a fracture or failure of the pipeline or of any component in the gas supply system.

(5) Any electrically operated valve must be constructed so as to open when electrical power is applied and close when electrical power is removed.

(6) Where the vehicle is equipped to operate at any one time on one only of two or more alternative fuels, a fuel selection system that complies with sub-paragraph (7) must be installed.

(7) A fuel selection system complies with this sub-paragraph if—

(a)it has a control switch that is readily accessible to the driver at all times and is clearly marked for the selection of each fuel;

(b)it has a change-over system, operated by the control switch mentioned in paragraph (a), which prevents the use at the same time of more than one of the alternative fuels, apart from where fuel remains in the common system during a change-over between alternatives; and

(c)it does not impair the safety of the engine or the fuel system.

(8) All the parts of every valve or cock which are in contact with gas must be made of suitable metal; but they may contain non-metal washers and seals if those washers and seals are supported and constrained by metal components.

Regulators

11.—(1) Any regulator fitted must be designed so that—

(a)it has a pre-set pressure and flow rating suitable for the part of the system to which it is attached;

(b)it incorporates a means of protecting the system downstream of the regulator from the upstream pressure in the event of failure of or leakage from the regulator;

(c)it is marked clearly and permanently with the fuel type, pressure and flow direction; and

(d)if the engine cooling system is utilised within the regulator, passage of gas into the engine cooling system is prevented.

(2) Any pressure relief device on a regulator must comply with the requirements of paragraph 6(3) to (7).

(3) Any regulator must be so installed that—

(a)it is in an accessible position for inspection and maintenance;

(b)it is in a position where it is protected from heat sources;

(c)it is in a position where, as far as is practicable, any ventilation holes are prevented from being blocked; and

(d)it is securely attached to a secure mounting.

(4) Where a regulator is to be located in the driver, passenger or living compartment, or in the vehicle boot or in any other space which is not so ventilated as to prevent the accumulation of gas, it must be enclosed in order to contain any gas leakage, either by—

(a)placing the gas container and its fittings within a durable enclosure which is—

(i)sealed so that it is gas tight to the compartment, vehicle boot or space, as the case may be; and

(ii)provided with permanent direct ventilation to the outside of the vehicle; or

(b)enclosing the neck and fittings of the gas container within a durable envelope which is—

(i)gas tight to the compartment, vehicle boot or space, as the case may be; and

(ii)provided with direct permanent ventilation to the outside of the vehicle.

(5) A regulator may not be attached directly to the engine or to any part ancillary to the engine.

Special requirements for buses

12.  In the case of a large bus there must be fitted as near as practicable to the gas container a valve that stops the flow of gas into the gas supply pipeline in the event of—

(a)the angle of tilt of the vehicle exceeding that mentioned in regulation 6 of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(36); or

(b)the deceleration of the vehicle exceeding 5g.

Connections for articulated vehicles

13.—(1) Where a trailer is used for the carriage of any part of the gas supply system—

(a)an articulating connector complying with sub-paragraphs (2) to (8) must be fitted between the part of the system on the vehicle and the part of the system on the trailer, and

(b)the articulating connector must not be subjected to more than medium pressure.

(2) Any articulating connector must—

(a)be of a type suitable for natural gas systems;

(b)be designed to accept a compatible nozzle without the use of adapter fittings; and

(c)not be interchangeable with connections for other services.

(3) The gas supply pipework at the terminal on each section of the articulated unit must be capable of withstanding a force of at least 200N in any direction before deformation or failure occurs.

(4) Any articulating connector must be designed so that separation can be achieved in a fail-safe manner, minimising the volume of gas released during the separation process and while the joint remains disconnected.

(5) Disconnection devices must be designed to prevent unauthorised interference.

(6) Dust caps must be fitted to exposed connections to keep out dirt and such dust caps must be attached to the system.

(7) The articulating connector must be properly supported and protected at all times.

(8) The articulating connector must incorporate a breakaway coupling which is designed to separate when a breakaway force of 200N (or greater) is applied in any direction and which has an automatic isolation system to minimise the release of gas in the event of the separation of the breakaway coupling.

Marking and labelling of the vehicle

14.—(1) Every vehicle which is equipped to be fuelled by natural gas must be fitted with a metal identification plate, located in a readily visible and accessible position, which is marked clearly and permanently to identify—

(a)that the vehicle has been constructed or adapted to run on natural gas; and

(b)the maximum system filling pressure.

This information is in addition to the information required by paragraph 4(1)(f) with respect to the gas container.

(2) The filling point for natural gas must be identified adjacent to the point by the words “NATURAL GAS” or other suitable wording.

General requirements

15.  Every part of the gas system must—

(a)so far as is practicable, be so located and protected as not to be exposed to accidental damage;

(b)be soundly and properly constructed of materials which are compatible with one another and with the gas used or likely to be used and which are capable of withstanding the loads or stresses likely to be met in operation; and

(c)be so designed and constructed that the number of joints is kept to a minimum, and that leakage of gas is unlikely to occur.

Explanatory Note

(This note is not part of the Order)

This Order makes provision authorising certain types of vehicles to be used on roads notwithstanding that they do not fully comply with the requirements that generally apply to vehicles permitted on roads. The Order specifies the requirements that must be met by vehicles seeking to rely on such authorisation.

Section 41 of the Road Traffic Act 1988 (“the Act”) gives the Secretary of State the power to make regulations generally as to use of motor vehicles and trailers on roads. This extends to the construction of vehicles and their equipment and to the conditions under which they may be used. Sections 41A, 41B and 42 create offences for contravention of any requirements imposed by such regulations. However, section 44 of the Act allows the Secretary of State to authorise road-use by vehicles that do not comply with regulations under section 41. He may make orders that apply generally to special types of vehicles or that apply more specifically to particular vehicles or vehicles of particular persons. In relation to both types of order, restrictions or conditions may be specified by or under the order and the order may (subject to restrictions or conditions) require the observance of regulations made under section 41 of the Act with modifications or exceptions.

This Order is a general order that authorises road-use by certain special types of vehicles notwithstanding that they do not fully comply with regulations made under section 41 of the Act. It imposes the restrictions and conditions with which such vehicles must comply, including the extent to which regulations made under section 41 must be observed.

Part 1 of the Order is general and specifies that certain types of vehicle (referred to in the Order as “recognised categories of special vehicles”) are authorised to be used on roads if they comply with all the requirements in the Order that apply to that type of vehicle. These requirements are referred to in the Order as “authorisation requirements”. Part 1 also contains definitions of certain terms used in the Order, grouping together terms relating to the measurement of vehicles and of projections of loads carried on them.

Part 2 of, and Schedules 1 to 4 to, the Order are concerned with authorising the use on roads of four different types of vehicle, namely, vehicles for moving abnormal indivisible loads, mobile cranes, engineering plant and road recovery vehicles. These four vehicle-types are, depending on how they are configured, referred to collectively as Part 2 vehicles and Part 2 vehicle-combinations (see article 10(2) and (3)). Article 10 specifies these vehicles as recognised categories of special vehicles and article 11, together with Schedules 1 to 4, set out the requirements they have to meet in order to be authorised.

In the circumstances set out in articles 12 to 17, all Part 2 vehicles and Part 2 vehicle-combinations must comply with requirements that a range of different notifications must be given. A limited exception to this is set out in article 11(3) for mobile cranes and road recovery vehicles acting in the course of a civil emergency. Where the vehicle, or the projections of any load carried on it, exceed certain specified lengths, widths or weights, notifications must be given to the police in accordance with Schedule 5, to the Secretary of State in accordance with Schedule 7 and to the authorities responsible for the maintenance of roads and bridges on which the vehicle is to be used in accordance with Part 1 of Schedule 9. Certain indemnities must also be given to such road and bridge authorities in accordance with Part 2 of Schedule 9. In addition, Part 2 of the Order requires the presence of attendants accompanying the vehicle in accordance with Schedule 6 to the Order and the marking of projections of loads in accordance with Schedule 8 to the Order and imposes requirements as to the use on bridges of Part 2 vehicles or Part 2 vehicle-combinations.

Schedule 1 to the Order contains detailed requirements relating to the construction and use of vehicles and vehicle-combinations which are used in the carriage of abnormal indivisible loads. These vehicles and vehicle-combinations are referred to in the Schedule as “AILVs” and “AILV-combinations”. Part 1 of the Schedule contains some key definitions, in particular of the terminology used in the Order to describe these vehicles and vehicle-combinations and their allocation to Categories 1, 2 and 3. The significance of these Categories, which depend on weight of the vehicle or vehicle-combination, is that there are certain differences in the authorisation requirements that apply to vehicles or vehicle-combinations in each Category. Part 2 of Schedule 1 to the Order contains detailed technical requirements as to construction, Part 3 requires the fitting of plates and signs containing certain information and Part 4 sets out the restrictions that must be observed when the vehicle is in use (for example, its maximum length, width, weight and speed). Part 5 of Schedule 1 indicates the extent to which the regulations made under section 41 of the Act must be observed. Certain provisions of these regulations are either disapplied or modified in their application to AILVs or AILV-combinations.

Schedule 2 contains a similar range of detailed, but different, requirements tailored to mobile cranes whilst Schedules 3 and 4 do the same for engineering plant and road recovery vehicles, respectively.

Part 3 of the Order makes provision for the use on roads of a range of agricultural vehicles that do not comply in all respects with regulations made under section 41 of the Act. The three types of vehicles that are identified in the Order as recognised categories of special vehicles are set out in article 19. These vehicle-types are referred to collectively as “special type agricultural vehicles” (see article 19(2)). The authorisation requirements applicable to these vehicles are contained in article 20. In addition to requiring compliance with articles 21 to 27 of the Order, article 20 also sets out the extent to which regulations made under section 41 of the Act must be observed. Articles 21, 22 and 27 set out a number of requirements as to the construction and use of special type agricultural vehicles and articles 23 to 26 detail the circumstances in which notifications must be given to various authorities, attendants must be used and projections marked. Schedules 5 to 9 apply for these purposes.

Part 4 of the Order groups together a number of provisions authorising five different types of vehicle in respect of which notifications must be given to various authorities in accordance with Schedules 5, 7 and 9. This Part also contains requirements for the use of attendants in accordance with Schedule 6, but in relation to vehicles carrying loads of exceptional width and to local excavation vehicles only. The five types of vehicle which are specified in Part 4 as recognised categories of special vehicles are vehicles carrying loads of exceptional width (articles 28 to 31), local excavation vehicles (articles 32 to 35 and Schedule 10), vehicles for test, trials and non-UK use etc (articles 35 to 40 and Schedule 11), track-laying vehicles (articles 41 to 44) and straddle carriers (articles 45 to 48). A number of detailed authorisation requirements are specified in respect of each recognised category, including in each case the extent to which regulations made under section 41 of the Act must be observed.

Part 5 lists a number of miscellaneous types of vehicles which are authorised to be used on roads if they meet all the authorisation requirements applicable to them. Each of articles 49 to 56 deals with a different recognised category of special vehicles and specifies the authorisation requirements with which they must comply (including the extent to which regulations made under section 41 of the Act must be observed).

Copies of British Standards and European Standards can be obtained from the British Standards Institution, 389 Chiswick High Street, London W4 4AL (telephone number 020 8996 9001) and also from The Stationery Office.

This Order has been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98 p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p. 18).

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/01, Great minster House, 76 Marsham Street, London SW1P 4DR. A copy has been placed in the library of each House of Parliament.

(2)

S.I. 1979/1198.

(3)

S.I. 1984/1810.

(4)

S.I. 1986/313.

(5)

S.I. 1987/1327.

(6)

S.I. 1987/2161.

(7)

S.I. 1989/1662.

(8)

S.I. 1995/3052.

(9)

S.I. 1998/2249.

(10)

S.I. 1998/2884.

(11)

S.I. 1998/3111.

(14)

S.I. 1986/1078.

(15)

S.I. 1989/1796.

(16)

OJ No. L 42, 23.2.1970, p. 1. Annex II of the Directive was substituted by Directive 92/5053/EC.

(17)

1984 c. 27. Section 17 was amended by the New Roads and Street Works Act 1991, Schedule 8, paragraph 28 and Schedule 9 and by the Road Traffic Act 1991, Schedule 4, paragraph 25 and Schedule 8.

(21)

Paragraph (1A) of regulation 18 was inserted by the Road Vehicles (Construction and Use) (Amendment) Regulations 1990 (S.I. 1990/1981).

(23)

OJ No. L 202, 6.9.1971, p. 37, as amended by Council Directives 74/132/EEC, 75/524/EEC, 79/489/EEC, 85/647/EEC, 88/194/EEC, 91/422/EEC and 98/12/EC.

(24)

This is the date on which the Road Vehicles (Marking of Special Weights) Regulations 1983 (S.I. 1983/910) came into force.

(25)

This is the date on which the Road Vehicles (Marking of Special Weights) Regulations 1983 (S.I. 1983/910) came into force.

(26)

The remaining items of the Table referred to in regulation 75(1) continue to apply, in the terms there stated, to any AILV (or vehicle included in an AILV combination) which is a wheeled agricultural motor vehicle (see Item 5), a wheeled locomotive (see Item 12), a track laying locomotive (see Item 13) or a locomotive not described in Items 5, 12 or 13 (see Item 14).

(27)

S.I. 1979/1198.

(32)

A standard notice can be obtained by contacting the Department for Transport website www.dft.gov.uk.

(33)

A standard application form is available on the website of the Department for Transport (www.dft.gov.uk) or the Highways Agency (www.highways.gov.uk) or can be obtained by contacting the Department for Transport (VSE section 7 on 020 7944 2102) or the Highways Agency Traffic Operations Directorate (Abnormal Loads team on 0121 678 8411).

(34)

A standard application form is available on the Highways Agency website at www.highways.gov.uk and can be obtained by contacting the Highways Agency Traffic Operations Directorate (Abnormal Loads team) on 0121 678 8411. Alternatively one is available on the Department for Transport website www.dft.gov.uk.

(36)

S.I. 1981/257; a relevant amending instrument is S.I. 1982/1058.