The Road Vehicles Lighting (Amendment) Regulations 2017

Statutory Instruments

2017 No. 852

Road Traffic

The Road Vehicles Lighting (Amendment) Regulations 2017

Made

11th September 2017

Laid before Parliament

14th September 2017

Coming into force

20th May 2018

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1).

In accordance with section 195(2) of that Act the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit.

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations 2017 and come into force on 20th May 2018.

Amendment of the Road Vehicles Lighting Regulations 1989

2.  The Road Vehicles Lighting Regulations 1989(2) are amended as follows.

3.  In the Table in regulation 3(2)—

(a) after the definition of “Abnormal load escort vehicle” insert—

““Adaptive front lighting system”

Has the same meaning as in ECE Regulation 48.”,

(b) after the definition of “Daytime hours” insert—

““Daytime running lamp”

Has the same meaning as in ECE Regulation 48.”, and

(c) after the definition of “Headlamp” insert—

““Headlamp cleaning device”

A complete device with which all or part of the light emitting surface of a headlamp or an adaptive front lighting system can be cleaned.”.

4.  In regulation 18—

(a) in paragraph (1) after “paragraphs (2),” insert “(2ZA),”,

(b) after paragraph (2) insert—

“(2ZA) The requirements specified in paragraph (1) do not apply in the case of a headlamp cleaning device fitted to a lamp, other than a gas discharge headlamp or an adaptive front lighting system.”, and

(c) in paragraph (4) at the end insert “, and 24”.

5.  In the Table in regulation 20—

(a) in the entry for item 14, in column 3 after “Schedule 14” insert “, Part II”, and

(b) at the end insert—

“21

Daytime running lamps fitted on or after 20th May 2018

Schedule 24”.

6.  In regulation 23—

(a) in paragraph (2)(a)—

(i) at the end of paragraph (viii) omit “and”,

(ii) after paragraph (ix) insert—

“(x) daytime running lamp,

(xi) headlamp cleaning device, and

(xii) reversing lamp,”,

(b) in paragraph (2)(b)—

(i) at the end of paragraph (v) omit “and”,

(ii) after paragraph (vi) insert—

“and

(vii) front fog lamp,”, and

(c) in paragraph (3)—

(i) at the end of sub-paragraph (c) omit “or”,

(ii) after sub-paragraph (d) insert–

“or

(e) a front fog lamp or a daytime running lamp on a vehicle which was first registered before 1st March 2018.”.

7.  After regulation 23 insert—

“Review

23A.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in regulations 18 and 23, and in Schedules 1, 14 and 24, which relate to—

(i) daytime running lamps,

(ii) front fog lamps,

(iii) headlamp cleaning devices, and

(iv) reversing lamps, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 20th May 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(3) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Article 6 of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers(4) is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).”.

8.  In Table 1 in Schedule 1, at the end insert—

“Daytime running lamp	Schedule 24	A vehicle first registered before 1st March 2018.
Headlamp cleaning device		A vehicle not required by the Road Vehicles (Approval) Regulations 2009 to be fitted with a headlamp cleaning device(5).
Reversing lamp	Schedule 14: Part 1	A vehicle not required by the Road Vehicles (Approval) Regulations 2009 to be fitted with reversing lamps.”.

9.  In Schedule 14, before the heading “Requirements relating to optional reversing lamps” insert—

Regulations 18, 20

“PART I Requirements relating to Obligatory Reversing Lamps

Obligatory reversing lamps must comply with the requirements of paragraph 6.4 of ECE Regulation 48.

PART II”.

10.  After Schedule 23 insert—

Regulations 18, 20

“SCHEDULE 24 Requirements relating to daytime running lamps

Daytime running lamps must comply with paragraphs 4, 5, 6, 7, 8 and 9 of ECE Regulation 87.”.

Signed by authority of the Secretary of State

Jesse Norman

Parliamentary Under Secretary of State

Department for Transport

11th September 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Road Vehicles Lighting Regulations 1989 (“the 1989 Regulations”) make provision about the fitting and maintenance of lighting equipment for motor vehicles and trailers used on roads. These Regulations amend the 1989 Regulations to give effect to the requirements of Article 6 of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers, and come into force on 20th May 2018.

These Regulations amend the 1989 Regulations to provide for the testing of: headlamp cleaning devices, daytime running lamps, reversing lamps and front fog lamps.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. A copy may be obtained from the Department for Transport website (www.gov.uk/government/organisations/department-for-transport). An Explanatory Memorandum and a Transposition Note are published alongside the instrument on www.legislation.gov.uk. The Directive referred to above is published at http://eur-lex.europa.eu.

(1)

1988 c.52; section 41 was amended by paragraph 50 of Schedule 4, and by Schedule 8, to the Road Traffic Act 1991 (c.40), and by section 43(6) and (7) of the Scotland Act 2016 (c.11). See section 41(2A) of the Road Traffic Act 1988, inserted by section 43(7) of the Scotland Act 2016, for the definition of “national authority”.

(2)

S.I. 1989/1796; relevant amendments were made by S.I. 1994/2280, 2005/2559 and 2009/3220.

(3)

2015 c. 26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12).

(4)

OJ No L 127, 29.4.2014, p51.

(5)

S.I. 2009/717, to which there are amendments not relevant to this instrument.