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

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

SCHEDULE 1 E+W+S ABNORMAL INDIVISIBLE LOAD VEHICLES

PART 1 E+W+S DEFINED TERMS

General E+W+S

1.  In this Schedule— E+W+S

“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(1); and

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

Commencement Information

I1 Sch. 1 para. 1 in force at 25.8.2003, see art. 1(2)

Meaning of abnormal indivisible load E+W+S

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— E+W+S

(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.

Commencement Information

I2 Sch. 1 para. 2 in force at 25.8.2003, see art. 1(2)

Meaning of abnormal indivisible load vehicle (AILV) E+W+S

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

(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).

Commencement Information

I3 Sch. 1 para. 3 in force at 25.8.2003, see art. 1(2)

Category 1, 2 or 3 AILVs or AILV-combinations E+W+S

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

(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.

Commencement Information

I4 Sch. 1 para. 4 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONSTRUCTION

Wheeled vehicles E+W+S

5.  An AILV must be a wheeled vehicle. E+W+S

Commencement Information

I5 Sch. 1 para. 5 in force at 25.8.2003, see art. 1(2)

Tyres E+W+S

6.  Every wheel of an AILV must be fitted with a pneumatic tyre. E+W+S

Commencement Information

I6 Sch. 1 para. 6 in force at 25.8.2003, see art. 1(2)

Braking requirements E+W+S

7.  Paragraphs 8 to 12 apply to any AILV or AILV-combination which— E+W+S

(a) falls within Category 2 or 3; and

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

Commencement Information

I7 Sch. 1 para. 7 in force at 25.8.2003, see art. 1(2)

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). E+W+S

(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.

Commencement Information

I8 Sch. 1 para. 8 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I9 Sch. 1 para. 9 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I10 Sch. 1 para. 10 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I11 Sch. 1 para. 11 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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%.

Commencement Information

I12 Sch. 1 para. 12 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S PLATES AND SIGNS

Plates E+W+S

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

(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(2).

Commencement Information

I13 Sch. 1 para. 13 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I14 Sch. 1 para. 14 in force at 25.8.2003, see art. 1(2)

Signs E+W+S

15.—(1) Each AILV or AILV-combination must be fitted with— E+W+S

(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.

Commencement Information

I15 Sch. 1 para. 15 in force at 25.8.2003, see art. 1(2)

PART 4 E+W+S CONDITIONS RELATING TO USE

General restrictions E+W+S

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. E+W+S

Commencement Information

I16 Sch. 1 para. 16 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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).

Commencement Information

I17 Sch. 1 para. 17 in force at 25.8.2003, see art. 1(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. E+W+S

(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.

Commencement Information

I18 Sch. 1 para. 18 in force at 25.8.2003, see art. 1(2)

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

(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.

Commencement Information

I19 Sch. 1 para. 19 in force at 25.8.2003, see art. 1(2)

Restrictions on carriage of multiple loads E+W+S

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

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

Commencement Information

I20 Sch. 1 para. 20 in force at 25.8.2003, see art. 1(2)

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

(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).

Commencement Information

I21 Sch. 1 para. 21 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I22 Sch. 1 para. 22 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I23 Sch. 1 para. 23 in force at 25.8.2003, see art. 1(2)

Maximum width E+W+S

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

(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.

Commencement Information

I24 Sch. 1 para. 24 in force at 25.8.2003, see art. 1(2)

Maximum length E+W+S

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

(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.

Commencement Information

I25 Sch. 1 para. 25 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: all AILVs and AILV-combinations E+W+S

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

Commencement Information

I26 Sch. 1 para. 26 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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(3).

Commencement Information

I27 Sch. 1 para. 27 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category 1 AILVs and AILV-combinations E+W+S

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. E+W+S

(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.

Commencement Information

I28 Sch. 1 para. 28 in force at 25.8.2003, see art. 1(2)

29.—(1) The total weight of— E+W+S

(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.

Commencement Information

I29 Sch. 1 para. 29 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category 2 AILVs and AILV-combinations E+W+S

30.—(1) The total weight of— E+W+S

(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.

Commencement Information

I30 Sch. 1 para. 30 in force at 25.8.2003, see art. 1(2)

31.—(1) The total weight of— E+W+S

(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 axles	Axle weight	Wheel weight
(Column 1)	(Column 2)	(Column 3)
Less than 1.35 metres	12,000 kilograms	6,000 kilograms
1.35 metres or more	12,500 kilograms	6,250 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.

Commencement Information

I31 Sch. 1 para. 31 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category 3 AILVs and AILV-combinations E+W+S

32.—(1) The total weight of— E+W+S

(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.

Commencement Information

I32 Sch. 1 para. 32 in force at 25.8.2003, see art. 1(2)

33.—(1) The total weight of— E+W+S

(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 axles	Axle weight	Wheel weight
(Column 1)	(Column 2)	(Column 3)
Less than 1.35 metres	15,000 kilograms	7,500 kilograms
1.35 metres or more	16,500 kilograms	8,250 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.

Commencement Information

I33 Sch. 1 para. 33 in force at 25.8.2003, see art. 1(2)

Speed restrictions E+W+S

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

(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-combination	Motorway	Dual carriageway	Other roads
Category 1	60 mph	50 mph	40 mph
Category 2 or 3	40 mph	35 mph	30 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.

Commencement Information

I34 Sch. 1 para. 34 in force at 25.8.2003, see art. 1(2)

PART 5 E+W+S APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Category 1 AILVs and AILV-combinations E+W+S

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

(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 Regulations	Subject
7	Length
8	Width
80	Over-riding weight regulations
82	Restrictions on use of vehicles carrying wide or long loads

Commencement Information

I35 Sch. 1 para. 35 in force at 25.8.2003, see art. 1(2)

Category 2 or 3 AILVs and AILV-combinations E+W+S

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

(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 Regulations	Subject
7	Length
8	Width
15, 16	Braking systems
18(1A) to (9)	Maintenance and efficiency of brakes
25	Tyre loads and speed ratings
64	Spray suppression devices
65	Maintenance of spray suppression devices
75(1), in so far as it relates to items 1-4, 6-11, 15 and 16 of the Table(4)	Maximum permitted laden weight of vehicle
76 to 80	Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82	Restrictions on use of vehicles carrying wide or long loads
83(1)	Number of trailers

Commencement Information

I36 Sch. 1 para. 36 in force at 25.8.2003, see art. 1(2)

AILVs manufactured before 1st October 1989 E+W+S

37.  Instead of paragraphs 35 and 36, article 18(2)(p) of the Motor Vehicles (Authorisation of Special Types) General Order 1979(5) 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. E+W+S

Commencement Information

I37 Sch. 1 para. 37 in force at 25.8.2003, see art. 1(2)

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

SCHEDULE 2 E+W+S MOBILE CRANES

PART 1 E+W+S DEFINED TERMS

General E+W+S

1.  In this Schedule— E+W+S

“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(6); 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.

Commencement Information

I38 Sch. 2 para. 1 in force at 25.8.2003, see art. 1(2)

Meaning of mobile crane E+W+S

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

(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(7).

(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.

Commencement Information

I39 Sch. 2 para. 2 in force at 25.8.2003, see art. 1(2)

Category A, B or C mobile cranes E+W+S

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

(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.

Commencement Information

I40 Sch. 2 para. 3 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONSTRUCTION

Wheeled vehicles E+W+S

4.  A mobile crane must be a wheeled vehicle. E+W+S

Commencement Information

I41 Sch. 2 para. 4 in force at 25.8.2003, see art. 1(2)

Tyres E+W+S

5.  Every wheel of a mobile crane must be fitted with a pneumatic tyre. E+W+S

Commencement Information

I42 Sch. 2 para. 5 in force at 25.8.2003, see art. 1(2)

Suspension E+W+S

6.  A mobile crane must have suspension on all axles. E+W+S

Commencement Information

I43 Sch. 2 para. 6 in force at 25.8.2003, see art. 1(2)

Braking requirements E+W+S

7.  A mobile crane must be fitted with— E+W+S

(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.

Commencement Information

I44 Sch. 2 para. 7 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I45 Sch. 2 para. 8 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I46 Sch. 2 para. 9 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I47 Sch. 2 para. 10 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I48 Sch. 2 para. 11 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I49 Sch. 2 para. 12 in force at 25.8.2003, see art. 1(2)

Design speed E+W+S

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. E+W+S

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

Commencement Information

I50 Sch. 2 para. 13 in force at 25.8.2003, see art. 1(2)

Warning beacon E+W+S

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

Commencement Information

I51 Sch. 2 para. 14 in force at 25.8.2003, see art. 1(2)

Prospective

PART 3 E+W+S PLATES

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

(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.

Commencement Information

I52 Sch. 2 para. 15 in force at 1.12.2004, see art. 1(3)

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— E+W+S

(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.

Commencement Information

I53 Sch. 2 para. 16 in force at 1.12.2004, see art. 1(3)

17.—(1) In this paragraph “qualified person” means— E+W+S

(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.

Commencement Information

I54 Sch. 2 para. 17 in force at 1.12.2004, see art. 1(3)

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”. E+W+S

Commencement Information

I55 Sch. 2 para. 18 in force at 1.12.2004, see art. 1(3)

PART 4 E+W+S CONDITIONS RELATING TO USE

General restrictions E+W+S

19.  A mobile crane may only be used on roads for— E+W+S

(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.

Commencement Information

I56 Sch. 2 para. 19 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I57 Sch. 2 para. 20 in force at 25.8.2003, see art. 1(2)

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

(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.

Commencement Information

I58 Sch. 2 para. 21 in force at 25.8.2003, see art. 1(2)

Restriction on carriage of loads etc E+W+S

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

(a) carry any load; or

(b) transport any goods or burden.

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

Commencement Information

I59 Sch. 2 para. 22 in force at 25.8.2003, see art. 1(2)

23.  A mobile crane may carry its own necessary gear and equipment. E+W+S

Commencement Information

I60 Sch. 2 para. 23 in force at 25.8.2003, see art. 1(2)

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

Commencement Information

I61 Sch. 2 para. 24 in force at 25.8.2003, see art. 1(2)

Restriction on towing trailers E+W+S

25.  A mobile crane must not tow any trailer. E+W+S

Commencement Information

I62 Sch. 2 para. 25 in force at 25.8.2003, see art. 1(2)

Maximum width E+W+S

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. E+W+S

Commencement Information

I63 Sch. 2 para. 26 in force at 25.8.2003, see art. 1(2)

Maximum length E+W+S

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. E+W+S

Commencement Information

I64 Sch. 2 para. 27 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: all mobile cranes E+W+S

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

Commencement Information

I65 Sch. 2 para. 28 in force at 25.8.2003, see art. 1(2)

29.  No mobile crane may exceed— E+W+S

(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).

Commencement Information

I66 Sch. 2 para. 29 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category A mobile cranes E+W+S

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— E+W+S

(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 axles	Minimum distance between outermost axles	Maximum gross weight of crane
(Column 1)	(Column 2)	(Column 3)
2	3 metres	20,000 kilograms
3	5 metres	30,000 kilograms
4	6 metres	36,000 kilograms

Commencement Information

I67 Sch. 2 para. 30 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category B mobile cranes E+W+S

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. E+W+S

(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.

Commencement Information

I68 Sch. 2 para. 31 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: Category C mobile cranes E+W+S

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. E+W+S

(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.

Commencement Information

I69 Sch. 2 para. 32 in force at 25.8.2003, see art. 1(2)

Speed restrictions E+W+S

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. E+W+S

Table 7

Speed restrictions for Category A, B or C mobile cranes

Category of mobile crane	Motorway	Dual carriageway	Other roads
Category A	60 mph	50 mph	40 mph
Category B	50 mph	45 mph	40 mph
Category C	40 mph	35 mph	30 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.

Commencement Information

I70 Sch. 2 para. 33 in force at 25.8.2003, see art. 1(2)

PART 5 E+W+S APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Category A mobile cranes E+W+S

34.—(1) A Category A mobile crane must comply with— E+W+S

(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 Regulations	Subject
8	Width
80	Over-riding weight regulations

Commencement Information

I71 Sch. 2 para. 34 in force at 25.8.2003, see art. 1(2)

Category B or C mobile cranes E+W+S

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

(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 Regulations	Subject
7	Length
8	Width
15,16	Braking systems
18(1A) to (9)	Maintenance and efficiency of brakes
25	Tyre loads and speed ratings
49	Rear under-run protection
51	Sideguards
64	Spray suppression devices
65	Maintenance of spray suppression devices
75 to 80	Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82	Restrictions on use of vehicles carrying wide or long loads

Commencement Information

I72 Sch. 2 para. 35 in force at 25.8.2003, see art. 1(2)

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

SCHEDULE 3 E+W+S ENGINEERING PLANT

PART 1 E+W+S DEFINED TERMS

General E+W+S

1.  In this Schedule— E+W+S

“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(8);

“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.

Commencement Information

I73 Sch. 3 para. 1 in force at 25.8.2003, see art. 1(2)

Meaning of engineering plant E+W+S

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

(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.

Commencement Information

I74 Sch. 3 para. 2 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONSTRUCTION

Wheeled or track-laying vehicles E+W+S

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

Commencement Information

I75 Sch. 3 para. 3 in force at 25.8.2003, see art. 1(2)

Provisions applying to wheeled vehicles E+W+S

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. E+W+S

(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.

Commencement Information

I76 Sch. 3 para. 4 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I77 Sch. 3 para. 5 in force at 25.8.2003, see art. 1(2)

Braking requirements E+W+S

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. E+W+S

Commencement Information

I78 Sch. 3 para. 6 in force at 25.8.2003, see art. 1(2)

7.—(1) Any other engineering plant must be fitted with— E+W+S

(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.

Commencement Information

I79 Sch. 3 para. 7 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S CONDITIONS RELATING TO USE

General restrictions E+W+S

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. E+W+S

Commencement Information

I80 Sch. 3 para. 8 in force at 25.8.2003, see art. 1(2)

9.  Engineering plant may only be used on roads for— E+W+S

(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.

Commencement Information

I81 Sch. 3 para. 9 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I82 Sch. 3 para. 10 in force at 25.8.2003, see art. 1(2)

Restrictions on carriage of loads etc E+W+S

11.—(1) Engineering plant which is used on roads must not— E+W+S

(a) carry any load; or

(b) lift or transport goods or burden.

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

Commencement Information

I83 Sch. 3 para. 11 in force at 25.8.2003, see art. 1(2)

12.  Engineering plant may carry its own necessary gear and equipment. E+W+S

Commencement Information

I84 Sch. 3 para. 12 in force at 25.8.2003, see art. 1(2)

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

(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.

Commencement Information

I85 Sch. 3 para. 13 in force at 25.8.2003, see art. 1(2)

Restrictions on towing of trailers E+W+S

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

(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.

Commencement Information

I86 Sch. 3 para. 14 in force at 25.8.2003, see art. 1(2)

Maximum width E+W+S

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. E+W+S

Commencement Information

I87 Sch. 3 para. 15 in force at 25.8.2003, see art. 1(2)

Maximum length E+W+S

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. E+W+S

Commencement Information

I88 Sch. 3 para. 16 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: gross weight E+W+S

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. E+W+S

(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.

Commencement Information

I89 Sch. 3 para. 17 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: weight transmitted to road surface E+W+S

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. E+W+S

(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.

Commencement Information

I90 Sch. 3 para. 18 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I91 Sch. 3 para. 19 in force at 25.8.2003, see art. 1(2)

Speed restrictions E+W+S

20.—(1) Unless paragraph 21 applies, engineering plant must not travel on roads at speeds exceeding— E+W+S

(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.

Commencement Information

I92 Sch. 3 para. 20 in force at 25.8.2003, see art. 1(2)

21.—(1) This paragraph— E+W+S

(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.

Commencement Information

I93 Sch. 3 para. 21 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Table 10

Speed restrictions for engineering plant treated as falling within Category 1, 2 or 3

Vehicle or vehicle-combination	Motorway	Dual carriageway	Other roads
Category 1	60 mph	50 mph	40 mph
Category 2 or 3	40 mph	35 mph	30 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.

Commencement Information

I94 Sch. 3 para. 22 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I95 Sch. 3 para. 23 in force at 25.8.2003, see art. 1(2)

PART 4 E+W+S APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

Engineering plant treated as falling within Category 1, 2 or 3 E+W+S

24.  Engineering plant, or a vehicle-combination that includes engineering plant, which falls within Category 1, 2 or 3 must comply with— E+W+S

(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.

Commencement Information

I96 Sch. 3 para. 24 in force at 25.8.2003, see art. 1(2)

Slow plant E+W+S

25.—(1) Slow plant must comply with— E+W+S

(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 Regulations	Subject
7	Length
8	Width
10A to 14	Other provisions as to dimensions and manoeuvrability
15,16	Braking systems
17	Vacuum or pressure brake warning devices
18(1A) to (9)	Maintenance and efficiency of brakes
19	Application of brakes of trailers
20 to 22, 24 to 26	Wheels, springs, tyres and tracks
35 to 36C	Instruments and equipment
39A, 39B	Fuel
49 to 53B	Protective systems
62 to 65	Control of emissions
66 to 74	Plates, markings, testings and inspection
75	Maximum permitted laden weight of vehicle
76 to 80	Other maximum permitted weight limits of vehicle and trailer, other than articulated vehicle
82	Restrictions on use of vehicles carrying wide or long loads

Commencement Information

I97 Sch. 3 para. 25 in force at 25.8.2003, see art. 1(2)

26.—(1) This paragraph applies to any slow plant that is a wheeled motor vehicle. E+W+S

(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.

Commencement Information

I98 Sch. 3 para. 26 in force at 25.8.2003, see art. 1(2)

27.—(1) This paragraph applies to any slow plant that is a wheeled trailer. E+W+S

(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.

Commencement Information

I99 Sch. 3 para. 27 in force at 25.8.2003, see art. 1(2)

28.—(1) This paragraph applies to any slow plant that is a track-laying motor vehicle. E+W+S

(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).

Commencement Information

I100 Sch. 3 para. 28 in force at 25.8.2003, see art. 1(2)

29.—(1) This paragraph applies to any slow plant that is a track-laying trailer (including a road roller). E+W+S

(2) Regulation 28 (tracks) of the Construction and Use Regulations does not apply.

Commencement Information

I101 Sch. 3 para. 29 in force at 25.8.2003, see art. 1(2)

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

SCHEDULE 4 E+W+S ROAD RECOVERY VEHICLES

PART 1 E+W+S DEFINED TERMS

1.—(1) In this Order “road recovery vehicle” means a vehicle that is— E+W+S

(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(9).

Commencement Information

I102 Sch. 4 para. 1 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONSTRUCTION

2.—(1) A road recovery vehicle must be a wheeled vehicle. E+W+S

(2) Every wheel must be fitted with a pneumatic tyre.

Commencement Information

I103 Sch. 4 para. 2 in force at 25.8.2003, see art. 1(2)

3.  A warning beacon emitting an amber light must be fitted to a road recovery vehicle. E+W+S

Commencement Information

I104 Sch. 4 para. 3 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S PLATES

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. E+W+S

Commencement Information

I105 Sch. 4 para. 4 in force at 25.8.2003, see art. 1(2)

PART 4 E+W+S CONDITIONS RELATING TO USE

Restriction on carriage of loads and towing of vehicles E+W+S

5.—(1) A road recovery vehicle must not carry or tow any load or transport any goods or burden. E+W+S

(2) But that is subject to paragraphs 6 and 7.

Commencement Information

I106 Sch. 4 para. 5 in force at 25.8.2003, see art. 1(2)

6.  A road recovery vehicle may carry its own necessary gear and equipment. E+W+S

Commencement Information

I107 Sch. 4 para. 6 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I108 Sch. 4 para. 7 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I109 Sch. 4 para. 8 in force at 25.8.2003, see art. 1(2)

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). E+W+S

Commencement Information

I110 Sch. 4 para. 9 in force at 25.8.2003, see art. 1(2)

Beacons E+W+S

10.—(1) When a road recovery vehicle is used on roads, the beacon fitted to it under paragraph 3 must be kept lit— E+W+S

(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.

Commencement Information

I111 Sch. 4 para. 10 in force at 25.8.2003, see art. 1(2)

Maximum width E+W+S

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). E+W+S

(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.

Commencement Information

I112 Sch. 4 para. 11 in force at 25.8.2003, see art. 1(2)

Maximum length E+W+S

12.—(1) The overall length of a road recovery vehicle must not exceed 18.75 metres. E+W+S

(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.

Commencement Information

I113 Sch. 4 para. 12 in force at 25.8.2003, see art. 1(2)

Maximum vehicle weight E+W+S

13.  The gross weight of a road recovery vehicle must not exceed— E+W+S

(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.

Commencement Information

I114 Sch. 4 para. 13 in force at 25.8.2003, see art. 1(2)

Maximum axle and wheel weights E+W+S

14.—(1) The distance between any two adjacent axles of a road recovery vehicle must not be less than 1.3 metres. E+W+S

(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).

Commencement Information

I115 Sch. 4 para. 14 in force at 25.8.2003, see art. 1(2)

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). E+W+S

(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.

Commencement Information

I116 Sch. 4 para. 15 in force at 25.8.2003, see art. 1(2)

Speed restrictions E+W+S

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— E+W+S

(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.

Commencement Information

I117 Sch. 4 para. 16 in force at 25.8.2003, see art. 1(2)

PART 5 E+W+S APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

17.  A road recovery vehicle must comply with— E+W+S

(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 Regulations	Subjects
36A, 36B, 36C	Speed limiters
51	Sideguards
70, 70B	Plates
70A	Speed limiters
72	Additional markings
73	Test date disc
75	Maximum permitted laden weight of vehicle
76	Maximum permitted laden weight of vehicle and trailer, other than articulated vehicle
77	Maximum permitted laden weight of articulated vehicle
78	Maximum permitted wheel and axle weights
79	Maximum permitted weights for certain closely-spaced axles etc
79A	Savings for Authorised Weight Regulations
82	Restrictions on use of vehicles carrying wide or long loads
83(1)	Numbers of trailers

Commencement Information

I118 Sch. 4 para. 17 in force at 25.8.2003, see art. 1(2)

Article 12(1), 13(2), 17(3), 23(2), 24(4), 31(3), 34(3), 38(2), 39(2), and 48(2)

SCHEDULE 5 E+W+S NOTICES TO POLICE

Defined term E+W+S

1.  In this Schedule “single rigid unit”, in relation to a Part 2 vehicle-combination, has the meaning given in article 12(4). E+W+S

Commencement Information

I119 Sch. 5 para. 1 in force at 25.8.2003, see art. 1(2)

Notices E+W+S

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. E+W+S

(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.

Commencement Information

I120 Sch. 5 para. 2 in force at 25.8.2003, see art. 1(2)

3.  The notice must be in a form acceptable to the recipient and should be agreed by both parties. E+W+S

Commencement Information

I121 Sch. 5 para. 3 in force at 25.8.2003, see art. 1(2)

4.—(1) The notice(10) must contain— E+W+S

(a) a list of all police forces to which notice is given;

(b) details of the user of the vehicle or vehicle-combination, stating—

• address,

• telephone number,

• fax number,

• email address (if any),

• user’s licence number,

• user’s reference number;

(c) details of the intended use of the vehicle or vehicle-combination, stating—

• point of departure,

• point of destination,

• time, date and route of journey,

• particulars of any load (including description and profile of load);

(d) details of the vehicle or vehicle-combination used, stating—

• registration number of any motor vehicle,

• type of vehicle or vehicles,

• overall length of the vehicle or vehicle-combination (including length of any front and rear projection),

• overall length of each single rigid unit included in a Part 2 vehicle-combination (including length of any front and rear projection),

• overall width (including width of any lateral projection),

• maximum height,

• gross weight or gross train weight,

• number of wheels per axle,

• all axle weights,

• all axle spacings.

(2) The chief officer of police for any area may accept fewer details in any case.

Commencement Information

I122 Sch. 5 para. 4 in force at 25.8.2003, see art. 1(2)

Use of vehicle in accordance with notice E+W+S

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. E+W+S

Commencement Information

I123 Sch. 5 para. 5 in force at 25.8.2003, see art. 1(2)

6.  Paragraph 5 does not apply to the extent required to comply with— E+W+S

(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.

Commencement Information

I124 Sch. 5 para. 6 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I125 Sch. 5 para. 7 in force at 25.8.2003, see art. 1(2)

Article 12(1), 14(1), 15(4), 23(3), 24(5), 31(3) and 34(4)

SCHEDULE 6 E+W+S ATTENDANTS

1.—(1) A person (“an attendant”) must be employed— E+W+S

(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.

Commencement Information

I126 Sch. 6 para. 1 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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).

Commencement Information

I127 Sch. 6 para. 2 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I128 Sch. 6 para. 3 in force at 25.8.2003, see art. 1(2)

4.—(1) A person employed by virtue of paragraph 1 must be additional to the person or persons employed to drive the vehicle. E+W+S

(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.

Commencement Information

I129 Sch. 6 para. 4 in force at 25.8.2003, see art. 1(2)

Article 15(5), 23(4) and 34(5)

SCHEDULE 7 E+W+S NOTICES TO SECRETARY OF STATE

1.—(1) An application for the consent of the Secretary of State must be made in writing. E+W+S

(2) The application(11) must contain—

(a) contact details for the applicant (and, if different, the haulier) stating—

• address,

• telephone number,

• fax number,

• email address (if any);

(b) details of the intended use of the vehicle or vehicle-combination, stating—

• point of departure,

• point of destination,

• approximate distance of road movement,

• approximate date of movement;

(c) details of the vehicle or vehicle-combination, stating—

• type of vehicle or vehicles,

• overall length (including length of any front and rear projection),

• overall length of each single rigid unit included in a vehicle-combination (including length of any front and rear projection),

• overall width (including width of any lateral projection),

• maximum height,

• gross weight or gross train weight of vehicle;

(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—

• nature and description,

• dimensions and weight,

• number of separate pieces (and number of loads this represents),

• approximate value,

• implications of dividing the load,

• approximate cost of any alternative to road movement that has been considered,

• approximate cost of road movement,

• any proposed movements of load additional to that for which the application for consent is made;

(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.

Commencement Information

I130 Sch. 7 para. 1 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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;

• the vehicle must be used in accordance with the direction.

Commencement Information

I131 Sch. 7 para. 2 in force at 25.8.2003, see art. 1(2)

Article 16 and 25

SCHEDULE 8 E+W+S MARKING OF PROJECTIONS

PART 1 E+W+S DEFINED TERMS

1.  In this Schedule— E+W+S

“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.

Commencement Information

I132 Sch. 8 para. 1 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S FORWARD AND REARWARD PROJECTIONS

2.  Paragraphs 3 to 6 apply cumulatively. E+W+S

Commencement Information

I133 Sch. 8 para. 2 in force at 25.8.2003, see art. 1(2)

General visibility of forward or rearward projections E+W+S

3.  Where the length of a forward or rearward projection of a load carried on a relevant vehicle exceeds 1 metre— E+W+S

(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.

Commencement Information

I134 Sch. 8 para. 3 in force at 25.8.2003, see art. 1(2)

Markers for the end of a forward or rearward projection E+W+S

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. E+W+S

(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.

Commencement Information

I135 Sch. 8 para. 4 in force at 25.8.2003, see art. 1(2)

Markers for the side of a forward or rearward projection E+W+S

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. E+W+S

(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.

Commencement Information

I136 Sch. 8 para. 5 in force at 25.8.2003, see art. 1(2)

6.—(1) This paragraph applies where any relevant vehicle is carrying a load and— E+W+S

(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.

Commencement Information

I137 Sch. 8 para. 6 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S LATERAL PROJECTIONS

Markers for a lateral projection E+W+S

7.—(1) This paragraph applies where— E+W+S

(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.

Commencement Information

I138 Sch. 8 para. 7 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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).

Commencement Information

I139 Sch. 8 para. 8 in force at 25.8.2003, see art. 1(2)

PART 4 E+W+S GENERAL 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. E+W+S

Commencement Information

I140 Sch. 8 para. 9 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I141 Sch. 8 para. 10 in force at 25.8.2003, see art. 1(2)

PART 5 E+W+S APPEARANCE OF MARKERS

Diagram of end marker surface E+W+S

Article 17(1), 35(2) and 40(2)

SCHEDULE 9 E+W+S ROAD AND BRIDGE AUTHORITIES

PART 1 E+W+S NOTICES

1.—(1) In this Schedule “the authority” means— E+W+S

(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.

Commencement Information

I142 Sch. 9 para. 1 in force at 25.8.2003, see art. 1(2)

2.—(1) A notice must be given to— E+W+S

(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.

Commencement Information

I143 Sch. 9 para. 2 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Commencement Information

I144 Sch. 9 para. 3 in force at 25.8.2003, see art. 1(2)

4.—(1) The notice(12) must contain— E+W+S

(a) a list of all the authorities to which notice is given;

(b) details of the user of the vehicle or vehicle-combination, stating—

• address,

• telephone number,

• fax number,

• email address (if any),

• user’s licence number,

• user’s reference number;

(c) details of the intended use of the vehicle or vehicle-combination, stating—

• point of departure,

• point of destination,

• time, date and route of journey,

• particulars of any load (including description and profile of load);

(d) details of the vehicle or vehicle-combination used, stating—

• registration number of any motor vehicle,

• type of vehicle or vehicles,

• overall length of the vehicle or vehicle-combination (including length of any front and rear projection),

• overall length of each single rigid unit included in a Part 2 vehicle-combination (including length of any front and rear projection),

• overall width (including width of any lateral projection),

• maximum height,

• gross weight or gross train weight,

• number of wheels per axle,

• all axle weights,

• all axle spacings.

(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).

Commencement Information

I145 Sch. 9 para. 4 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I146 Sch. 9 para. 5 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S INDEMNITIES

6.—(1) An indemnity under this Part of this Schedule may be given in relation to— E+W+S

(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.

Commencement Information

I147 Sch. 9 para. 6 in force at 25.8.2003, see art. 1(2)

7.  An indemnity is given in accordance with this Part of this Schedule if it is given in the following form. E+W+S

Commencement Information

I148 Sch. 9 para. 7 in force at 25.8.2003, see art. 1(2)

THE INDEMNITY E+W+S

Article 32(2) and 33(b)

SCHEDULE 10 E+W+S LOCAL EXCAVATION VEHICLES

PART 1 E+W+S MEANING 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). E+W+S

(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.

Commencement Information

I149 Sch. 10 para. 1 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONSTRUCTION

Wheels E+W+S

2.  Every wheel of a local excavation vehicle must be fitted with a pneumatic tyre. E+W+S

Commencement Information

I150 Sch. 10 para. 2 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S CONDITIONS RELATING TO USE

General restrictions E+W+S

3.—(1) A local excavation vehicle may only be used on roads— E+W+S

(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.

Commencement Information

I151 Sch. 10 para. 3 in force at 25.8.2003, see art. 1(2)

Restrictions on carriage of loads etc E+W+S

4.—(1) A local excavation vehicle must not carry any load or transport goods or burden. E+W+S

(2) But a local excavation vehicle may carry its own necessary gear and equipment.

Commencement Information

I152 Sch. 10 para. 4 in force at 25.8.2003, see art. 1(2)

Restrictions on towing of trailers E+W+S

5.—(1) A local excavation vehicle that is a heavy motor car must not tow any trailer. E+W+S

(2) But sub-paragraph (1) does not apply to a heavy motor car forming part of an articulated vehicle.

Commencement Information

I153 Sch. 10 para. 5 in force at 25.8.2003, see art. 1(2)

6.—(1) This paragraph applies to a motor vehicle towing a trailer where— E+W+S

(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.

Commencement Information

I154 Sch. 10 para. 6 in force at 25.8.2003, see art. 1(2)

Maximum width E+W+S

7.  The overall width of a local excavation vehicle must not exceed 6.1 metres. E+W+S

Commencement Information

I155 Sch. 10 para. 7 in force at 25.8.2003, see art. 1(2)

Maximum length E+W+S

8.  The overall length of a local excavation vehicle must not exceed— E+W+S

(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.

Commencement Information

I156 Sch. 10 para. 8 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: gross weight E+W+S

9.—(1) The gross weight of a local excavation vehicle— E+W+S

(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.

Commencement Information

I157 Sch. 10 para. 9 in force at 25.8.2003, see art. 1(2)

Restrictions relating to weight: axle weight E+W+S

10.—(1) The axle weight for a local excavation vehicle— E+W+S

(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.

Commencement Information

I158 Sch. 10 para. 10 in force at 25.8.2003, see art. 1(2)

Speed restrictions E+W+S

11.—(1) A local excavation vehicle must not travel at speeds exceeding— E+W+S

(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.

Commencement Information

I159 Sch. 10 para. 11 in force at 25.8.2003, see art. 1(2)

PART 4 E+W+S APPLICATION OF REGULATIONS MADE UNDER SECTION 41 OF THE ROAD TRAFFIC ACT 1988

12.—(1) A local excavation vehicle must comply with— E+W+S

(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.

Commencement Information

I160 Sch. 10 para. 12 in force at 25.8.2003, see art. 1(2)

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. E+W+S

Table 13

Non-applicable regulations	Subject
8	Width
16(4), Item 8 of Table	Braking system of certain vehicles
18(1A) to (9)	Maintenance and efficiency of brakes
22	Springs and resilient material
63	Wings
66	Plates for goods vehicles
75 to 80	Maximum permitted weights

Table 14

Trailer not forming part of an articulated vehicle: Construction and Use Regulations that do not apply

Non-applicable regulations	Subject
8	Width
18(1A) to (9)	Maintenance and efficiency of brakes
22	Springs and resilient material
63	Wings
66	Plates for goods vehicles

Table 15

Articulated vehicle: Construction and Use Regulations that do not apply

Non-applicable regulations	Subject
7	Length
8	Width
16(4), Item 8 of Table	Braking system of certain vehicles
18(1A) to (9)	Maintenance and efficiency of brakes
22	Springs and resilient material
63	Wings
66	Plates for goods vehicles
75 to 80	Maximum permitted weights

Commencement Information

I161 Sch. 10 para. 13 in force at 25.8.2003, see art. 1(2)

Article 37(b)

SCHEDULE 11 E+W+S VEHICLES FOR TESTS, TRIALS OR NON-UK USE ETC

PART 1 E+W+S INTERPRETATION

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). E+W+S

Commencement Information

I162 Sch. 11 para. 1 in force at 25.8.2003, see art. 1(2)

PART 2 E+W+S CONDITIONS RELATING TO USE

General restrictions E+W+S

2.  A relevant vehicle may only be used on roads for— E+W+S

(a) testing;

(b) demonstration;

(c) delivery on sale;

(d) proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul.

Commencement Information

I163 Sch. 11 para. 2 in force at 25.8.2003, see art. 1(2)

3.  Paragraph 2 does not apply in relation to a relevant vehicle where— E+W+S

(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(13) 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.

Commencement Information

I164 Sch. 11 para. 3 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I165 Sch. 11 para. 4 in force at 25.8.2003, see art. 1(2)

Restriction of carriage of loads etc E+W+S

5.—(1) A relevant vehicle that is used on roads must not carry any load or transport goods or burden. E+W+S

(2) But that is subject to paragraphs 6 and 7.

Commencement Information

I166 Sch. 11 para. 5 in force at 25.8.2003, see art. 1(2)

6.  A relevant vehicle may carry— E+W+S

(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.

Commencement Information

I167 Sch. 11 para. 6 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I168 Sch. 11 para. 7 in force at 25.8.2003, see art. 1(2)

PART 3 E+W+S CONDITIONS RELATING TO USE

8.—(1) A relevant vehicle must comply with— E+W+S

(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.

Commencement Information

I169 Sch. 11 para. 8 in force at 25.8.2003, see art. 1(2)

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— E+W+S

(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.

Commencement Information

I170 Sch. 11 para. 9 in force at 25.8.2003, see art. 1(2)

10.—(1) In their application to a relevant vehicle, regulations 18 and 22 of the Lighting Regulations are to be read as if— E+W+S

(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 Regulations	Subject
10	Indication of overall travelling height
16	Braking systems
18(1)	Maintenance and efficiency of brakes
20	General requirement as to wheels and tracks
26	Mixing of tyres
27	Condition and maintenance of tyres
29	Maintenance of steering gear
30	View to the front
34	Windscreen wipers and washers
37	Audible warning instruments
53	Mascots
54	Silencers—general
61	Emissions
62	Closets
81,82	Restrictions on use of vehicles carrying wide or long loads
83	Number of trailers
84	Trailers drawn by motor cycles
86	Distance between motor vehicles and trailers
89	Leaving trailers at rest
90	Passengers in trailers
92	Attachment of sidecars
97	Avoidance of excessive noise
98	Stopping of engine when stationary
99	Use of audible warning instruments
100	Maintenance and use of vehicles so as not to cause danger
101	Parking in darkness
102	Passengers on motor-cycles
103	Obstruction
104	Driver’s control
105	Opening of doors
106	Reversing
107	Leaving motor vehicle unattended
108	Securing of suspended implements
109	Television sets

Table 17

Vehicles for tests, trials or non-UK use etc: Lighting Regulations that do apply

Applicable Lighting Regulations	Subject
11	Colour of lights shown by lamps and reflectors
13	Lamps to show steady light
16	Restrictions on fitting blue warning beacons etc
17	Obligatory warning beacons
18	obligatory lamps, reflectors, rear marking and devices
19	Restrictions on the obstruction of certain lamps etc
21	Projecting trailers, overhanging/projecting loads etc
22	Additional side marker lamps

Commencement Information

I171 Sch. 11 para. 10 in force at 25.8.2003, see art. 1(2)

Article 56

SCHEDULE 12 E+W+S VEHICLES PROPELLED BY COMPRESSED NATURAL GAS SYSTEMS

Defined terms E+W+S

1.  In this Schedule— E+W+S

“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.

Commencement Information

I172 Sch. 12 para. 1 in force at 25.8.2003, see art. 1(2)

Gas containers E+W+S

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. E+W+S

(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.

Commencement Information

I173 Sch. 12 para. 2 in force at 25.8.2003, see art. 1(2)

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. E+W+S

(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.

Commencement Information

I174 Sch. 12 para. 3 in force at 25.8.2003, see art. 1(2)

4.—(1) A gas container must— E+W+S

(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.

Commencement Information

I175 Sch. 12 para. 4 in force at 25.8.2003, see art. 1(2)

Gas container isolation E+W+S

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. E+W+S

(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.

Commencement Information

I176 Sch. 12 para. 5 in force at 25.8.2003, see art. 1(2)

Pressure relief devices E+W+S

6.—(1) Every gas container must be provided with a suitable pressure relief device that complies with sub-paragraphs (3) to (7). E+W+S

(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.

Commencement Information

I177 Sch. 12 para. 6 in force at 25.8.2003, see art. 1(2)

Pipelines E+W+S

7.—(1) Every pipeline must be fixed in such a manner and position that— E+W+S

(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.

Commencement Information

I178 Sch. 12 para. 7 in force at 25.8.2003, see art. 1(2)

Unions and joints E+W+S

8.—(1) Every union and joint on a pipeline or gas container must be constructed and fitted so that it will— E+W+S

(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.

Commencement Information

I179 Sch. 12 para. 8 in force at 25.8.2003, see art. 1(2)

Filling connectors E+W+S

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. E+W+S

(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.

Commencement Information

I180 Sch. 12 para. 9 in force at 25.8.2003, see art. 1(2)

Valves, safety devices and control equipment E+W+S

10.—(1) Every gas propulsion system must be so designed and constructed that— E+W+S

(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.

Commencement Information

I181 Sch. 12 para. 10 in force at 25.8.2003, see art. 1(2)

Regulators E+W+S

11.—(1) Any regulator fitted must be designed so that— E+W+S

(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.

Commencement Information

I182 Sch. 12 para. 11 in force at 25.8.2003, see art. 1(2)

Special requirements for buses E+W+S

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— E+W+S

(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(14); or

(b) the deceleration of the vehicle exceeding 5g.

Commencement Information

I183 Sch. 12 para. 12 in force at 25.8.2003, see art. 1(2)

Connections for articulated vehicles E+W+S

13.—(1) Where a trailer is used for the carriage of any part of the gas supply system— E+W+S

(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.

Commencement Information

I184 Sch. 12 para. 13 in force at 25.8.2003, see art. 1(2)

Marking and labelling of the vehicle E+W+S

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— E+W+S

(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.

Commencement Information

I185 Sch. 12 para. 14 in force at 25.8.2003, see art. 1(2)

General requirements E+W+S

15.  Every part of the gas system must— E+W+S

(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.

Commencement Information

I186 Sch. 12 para. 15 in force at 25.8.2003, see art. 1(2)

(1)

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.

(2)

This is the date on which the Road Vehicles (Marking of Special Weights) Regulations 1983 (S.I. 1983/910) came into force.

(3)

This is the date on which the Road Vehicles (Marking of Special Weights) Regulations 1983 (S.I. 1983/910) came into force.

(4)

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).

(5)

S.I. 1979/1198.

(6)

1988 c. 52.

(7)

1994 c. 22.

(8)

1988 c. 52.

(9)

1994 c. 22.

(10)

A standard notice can be obtained by contacting the Department for Transport website www.dft.gov.uk.

(11)

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).

(12)

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.

(13)

1994 c. 22.

(14)

S.I. 1981/257; a relevant amending instrument is S.I. 1982/1058.