39.—(1) Subject to paragraph (2), every tank containing petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928 which is fitted to a wheeled vehicle first used on or after 1st July 1973, and is used either for the propulsion of the vehicle or for driving an ancillary engine or equipment forming part of the vehicle shall be—
(a)made only of metal;
(b)fixed in such a position and so maintained as to be reasonably secure from damage; and
(c)constructed and maintained so that the leakage of any liquid or vapour from the tank is adequately prevented, so, however, that the tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.
(2) Instead of complying with the requirements of paragraph (1) as to construction, a vehicle may comply with the requirements of Community Directive 70/221 (insofar as they relate to fuel tanks) or ECE Regulation 34 or 34.01 or, if the vehicle is an agricultural motor vehicle, of Community Directive 74/151.
40.—(1) A vehicle which is—
(a)a motor vehicle which first used gas as a fuel for its propulsion before 19th November 1982; or
(b)a trailer manufactured before 19th November 1982 to which there is fitted a gas container,
shall be so constructed that it complies either with the provisions of Schedule 4 or with the provisions of Schedule 5.
(2) A vehicle which is—
(a)a motor vehicle which first used gas as a fuel for its propulsion on or after 19th November 1982; or
(b)a motor vehicle first used on or after 1st May 1984 or a trailer manufactured on or after 19th November 1982 which is in either case equipped with a gas container or a gas-fired appliance,
shall comply with the provisions of Schedule 5.
(3) The requirements of this regulation are in addition to, and not in derogation from, the requirements of any regulations made under powers conferred by the petroleum (Consolidation) Act 1928, the Health and Safety at Work etc. Act 1974, the Control of Pollution Act 1974 or any other Act or of any codes of practice issued under the Health and Safety at Work etc. Act 1974.
(4) In this regulation “gas container”