The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981

Brakes

9.—(1) Subject to paragraph 2 of Schedule 2 and to paragraphs (2), (4) and (6), all brakes with which a vehicle is required to be fitted shall act directly on the wheels of the vehicle and not through the transmission gear.

(2) Paragraph (1) shall not apply to a brake operated by a hand lever without the intervention of any hydraulic, electric or pneumatic device if—

(a) no universal joint is interposed between any such brake and the wheel or wheels so braked;

(b) the failure of any part through or by means of which the force necessary to apply the brake to any wheel is transmitted would not cause that wheel to become detached from the vehicle; and

(c) all the wheels of the vehicle are fitted with brakes all of which are operated by one means of operation.

(3) Subject to paragraphs (4) and (6), the brakes of one of the braking systems with which a vehicle is required to be fitted shall be applied by pedal.

(4) Paragraphs (1) and (3) shall not apply in the case of a vehicle in respect of which—

(a) a type approval certificate has been issued by the Minister under Regulation 5 of the Motor Vehicles (Type Approval) Regulations 1980 (which provides for the issue of such a certificate in respect of a vehicle which is approved as a type vehicle where it conforms to certain requirements as to design, construction, equipment and marking) or by the competent authority of any Member State other than the United Kingdom under a provision of the law of that State which corresponds to the said Regulation 5; or

(b) a certificate of conformity has been issued by the manufacturer of the vehicle under Regulation 6 of those Regulations (which provides for the issue of such a certificate in respect of a vehicle where it is manufactured so as to conform with a type vehicle in respect of such of the said requirements as apply in relation to that vehicle) or under a provision of the law of any Member State other than the United Kingdom which corresponds to the said Regulation 6,

where the type approval certificate or, as the case may be, the certificate of conformity in question has been issued by reason of the vehicle's conforming to the requirements of a Community Directive specified in column 2 of the Table set out below and where the vehicle is first used on or after the date specified opposite to that Directive in column 3 of the said Table.

TABLE

Item No.	The Community Directive to the requirements of which the vehicle must conform	Date on or after which the vehicle is first used
1.	Council Directive 71/320/EEC of 26th July 1971(1) (relating to the braking devices of certain categories of motor vehicles and their trailers)	1st July 1973
2.	Council Directive 71/320/EEC of 26th July 1971 as amended by Commission Directive 74/132/EEC of 11th February 1974	1st October 1974
3.	Council Directive 71/320/EEC of 26th July 1971 as amended by Commission Directives 74/132/EEC of 11th February 1974 and 75/524/EEC of 25th July 1975	1st January 1976
4.	Council Directive 71/320/EEC of 26th July 1971 as amended by Commission Directive 74/132/EEC of 11th February 1974, 75/524/EEC of 25th July 1975 and 79/489/EEC of 18th April 1979(2)	1st January 1980

(5) In paragraph (4) “Member State” has the same meaning as in Regulation 3(1) of the said Regulations of 1980.

(6) Paragraphs (1) and (3) shall not apply in the case of a vehicle which is legibly and indelibly marked in a conspicuous and readily accessible position with the marking designated as an approval mark by Regulation 4 of the Motor Vehicles (Designation of Approval Marks) Regulations 1979(3) and shown at item 13 or 13A in Schedule 2 to those Regulations.

(1)

(SE 1971 (III), p. 746).

(2)

O.J. L128, 26.5.1979, p. 12

(3)

, as amended by S.I. 1980/582.