The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

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

Regulation 3 amends regulation 3 of the 1986 Regulations so that the definition of “Community Directive, followed by a number”, also includes Directives adopted by the European Parliament and the Council of the European Parliament.

Regulation 4 adds a new exemption into regulation 4(4) of the 1986 Regulations. A vehicle used by a vehicle examiner will be exempt from the requirements of the regulations in Part 2 (governing the construction, equipment and maintenance of vehicles), regulation 67 (condition relating to plate showing the vehicle identification number), regulations 75 to 79 (conditions relating to laden weight) and regulation 100 (condition relating to the avoidance of danger), where the intended purpose is to submit that vehicle for an examination at a vehicle testing station in order to ensure that the examination carried out there is in accordance with the required testing standards. The exemption also allows the vehicle to be driven away from the vehicle testing station after the completion of the examination. In order to fall within the exemption two requirements must be met. Firstly, the vehicle must be being used by a vehicle examiner who has been authorised in writing by the Secretary of State for these purposes. Secondly, the vehicle examiner using the vehicle must reasonably believe that any defects in the vehicle do not give rise to a danger of injury to any person while it is being so used for the purpose specified in the exemption.

Regulation 5 implements Directive 2003/97/EC of the European Parliament and of the Council (OJ No. L25, 29.1.2004, p.1), which replaces Council Directive 71/127/EEC (OJ No. L68, 22.3.1971, p.1) with effect from 24th January 2010; and Commission Directive 2005/27/EC (OJ No. L81, 30.3.2005, p.44) which amends Directive 2003/97/EC.

It amends the 1986 Regulations by substituting a new regulation 33 set out in the Schedule to these Regulations. The main changes to the substituted regulation 33 relates to the Table, with the addition of new items to it and a new column 5 to cover the requirements to be complied with where a vehicle is fitted with any other device for indirect vision. The table below shows the numbering for the new and old (renumbered) items.

Old item no	New item no	Old item no	New item no	Old item no	New item no
1	1	4	5		9
2	2		6	7	10
3	3	5	7	8	11
	4	6	8

New item 4 extends the requirement to heavy goods vehicles with a maximum weight exceeding 7.5 tonnes but not exceeding 12 tonnes, which are first used on or after 26th January 2007, to be fitted with two wide-angle mirrors, a close-proximity mirror and a front mirror.

Item 4 also extends the requirement to goods vehicles with a maximum weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes (but having cabins of a similar height to goods vehicles exceeding 7.5 tonnes) which are first used on or after 26th January 2007, to be fitted with two wide-angle mirrors and a close-proximity mirror.

New item 6 extends the requirement to goods vehicles with a maximum weight exceeding 12 tonnes, which are first used on or after 26th January 2007, to be fitted with an additional wide-angle mirror and a front mirror.

In all cases where a front mirror is specified, if it is not possible to fit a front mirror, a device for indirect vision (for example a camera and monitor device) may be used instead.

New item 9 extends the requirement to motor vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat, which are first used on or after 26th January 2010, to be fitted with a Class III exterior rear-view mirror on both the driver’s side and the passenger’s side of the vehicle; whereas previously there was a requirement for such a mirror to be fitted only to the driver’s side of the vehicle.

Paragraph (4)(d) of the substituted regulation 33, provides that where the lower edge of an exterior mirror, which complies with the requirements of Directive 2003/97 or 2005/27 or ECE Regulation 46.02, is less than 2 metres above the ground when the vehicle is loaded, this mirror must not project more than 25 cm beyond the overall width of the vehicle. In the case of a vehicle drawing a trailer, where the trailer is wider than the drawing vehicle, the mirror must not project more than 25 cm beyond the overall width of the trailer.

Paragraph (7) of the substituted regulation 33, provides for definitions of mirrors and devices for indirect vision. Paragraph (8) provides that the reference to “vehicle” in the definitions in paragraph (7) will also include a reference to a trailer in respect of the stated vehicles when drawing a trailer.

Regulation 6 amends Table 1 (Community Directives) in Schedule 2 by inserting new items into it (items 87 and 89 refer to Directives 2003/97 and 2005/27); and amends Table 2 (ECE Regulations) by inserting new item 21A(1) (to include a reference to ECE Regulation 46.02).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business (in respect of the provisions relating to the implementation of Directives 2003/97/EC and 2005/27/EC) is available from Transport Technology and Standards Division, Department for Transport, 2nd floor, Great Minister House, 76 Marsham Street, London SW1P 4DR (telephone [phone]). A copy has been placed in the library of each House of Parliament. The regulatory impact assessment may also be accessed on the HMSO website www.opsi.gov.uk.

A transposition note is available and can be obtained from the Department for Transport, as above.

Copies of the EC Directives and ECE Regulations referred to in these Regulations can be obtained from the Stationery Office.