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The Road Vehicles (Construction and Use) Regulations 1986

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KCONTROL OF EMISSIONS

Silencers

54.—(1) Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.

(2) Every exhaust system and silencer shall be maintained in good and efficient working order and shall not be altered so as to increase the noise made by the escape of exhaust gases.

(3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372 or 84/424 or, in the case of a motor cycle other than a moped, 78/1015.

(4) In this regulation “mopedhas the meaning given to it in paragraph (5) of Schedule 9.

Noise limits—general

55.—(1) Save as provided in paragraph (2) and regulation 59, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—

(a)a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b)a vehicle not falling within sub-paragraph (c) which is—

(i) engineering plant;

(ii) a locomotive other than an agricultural motor vehicle;

(iii) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(iv) a public works vehicle;

(v) a works truck; or

(vi) a refuse vehicle; or

(c)a vehicle which—

(i) has a compression ignition engine;

(ii) is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and

(iii) falls within category I.1.1., I.1.2, or I.1.3 specified in Article 1 of Community Directive 77/212.

(2) This regulation does not apply to—

(a)a motorcycle with a sidecar attached;

(b)an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c)an industrial tractor;

(d)a road roller;

(e)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(f)a vehicle which runs on rails; or

(g)a vehicle manufactured by Leyland Vehicles Ltd. and known as the Atlantean Bus, if first used before 1st October 1984.

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table; a vehicle complies with those requirements if—

(a)its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and

(b)in the case of a vehicle referred to in paragraph 1(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or 1(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

TABLE

(regulation 55(3))

1 2345
Limits of sound level
Item(a) Vehicle referred to in paragraph (1)(a)(b) Vehicle referred to in paragraph (1)(b)(c) Vehicle referred to in paragraph (1)(c)Conditions of measurement Method of measurement Requirements for exhaust device
1Limits specified in paragraph I.1 of the Annex to Community Directive 77/212.89dB(A)82dB(A)Conditions specified in paragraph I.3 of the Annex to Community Directive 77/212Method specified in paragraph I.4.1 of the Annex to Community Directive 77/212Requirements specified in heading II of the Annex to Community Directive 77/212 (except paragraphs II.2 and II.5).
2Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 81/334.89dB(A)82dB(A)Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 81/334.Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 81/334. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex 1 to Community Directive 81/334.
3 Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/37289dB(A)82dB(A)Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/372Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/372, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/372.
4 Limits specified in paragraph 5.2.2.1 of the Annex I to Community Directive 84/424

Vehicles with engine power—

–less than 75kW

– 84dB(A)

–not less than 75kW

–86dB(A)

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424.Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/424Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/424, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that AnnexRequirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/424.

(4) Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(5) Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph 1(b) unless it is first used on or after 1st April 1991.

(6) The apparatus prescribed for the purposes of paragraph 3(a) and regulations 56(2)(a) and 57(2)(a) is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type 0 or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969:1981 which came into effect on 29th May 1981.

(7) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 or 84/424.

Noise limits—agricultural motor vehicles and industrial tractors

56.—(1) Save as provided in regulation 59, this regulation applies to every wheeled vehicle first used on or after 1st April 1983 being an agricultural motor vehicle or an industrial tractor, other than—

(a)an agricultural motor vehicle which is first used on or after 1st June 1986 and which is driven at more than 20 mph; or

(b)a road roller.

(2) Every vehicle to which this regulation applies shall be so constructed—

(a)that its sound level does not exceed—

(i) if it is a vehicle with engine power of less than 65kW, 89 dB(A);

(ii) if it is a vehicle with engine power of 65kW or more, and first used before 1st October 1991, 92 dB(A); or

(iii) if it is a vehicle with engine power of 65kW or more, and first used on or after 1st October 1991, 89 dB(A),

when measured under the conditions specified in paragraph I.3 of Annex VI of Community Directive 74/151 by the method specified in paragraph I.4.1 of that Annex using the apparatus prescribed in regulation 55(6); and

(b)that the device designed to reduce the exhaust noise meets the requirements specified in paragraph II.1 of that Annex and, if fibrous absorbent material is used, the requirements specified in paragraphs II.4.1 to II.4.3 of that Annex.

Noise limits—motor cycles

57.—(1) Save as provided in regulation 59, paragraph (2) of this regulation applies to every motor vehicle first used on or after 1st April 1983 which is—

(a)a moped; or

(b)a two-wheeled motorcycle, whether or not with sidecar attached, which is not a moped.

(2) Every vehicle to which this paragraph applies shall be so constructed that—

(a)its sound level does not exceed the relevant limit specified in column 2(a) or (b), as the case may be, in item 1 of the Table when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6); and

(b)the device designed to reduce the exhaust noise meets the requirements specified in column 5.

(3) The silencer which forms part of the exhaust system of a motorcycle first used on or after 1st January 1985 shall be either—

(a)that with which the vehicle was fitted when it was manufactured; or

(b)clearly and indelibly marked with either—

(i) the British Standard marking indicating that it has been tested in accordance with test 2; or

(ii) a reference to its make and type specified by the manufacturer of the vehicle.

(4) A motor cycle shall not be used on a road if it is fitted with an exhaust system any part of which is marked with the words “NOT FOR ROAD USE” or words to the like effect.

(5) Instead of complying with the provisions of paragraph (2), a vehicle referred to in paragraph (1)(b) may comply at the time of its first use with Community Directive 78/1015.

(6) In this regulation—

British Standard marking” means a marking specified in paragraph 6.1 of the British Standard Specification for replacement motorcycle and moped exhaust systems, which came into effect on 30th September 1983, issued by the British Standards Institution under reference number BS AU 193:1983, and “test 2” means the test so described in that Specification and therein specified; and

moped has the meaning given to it in paragraph 5 of Schedule 9.

TABLE

(regulation 57(2))

12 345
Limits of sound level
ItemVehicle referred to in paragraph (1)(a)Vehicle referred to in paragraph (1)(b)Conditions of measurement Method of measurement Requirements for exhaust device
173dB(A)Limits specified in paragraph 2.1.1 of Annex I to Community Directive 78/1015Conditions specified in paragraph 2.1.3 of Annex I to Community Directive 78/1015Method specified in paragraph 2.1.4 of Annex I to Community Directive 78/1015. Interpretation of results as in paragraphs 2.1.5.2, 2.1.5.3 and 2.1.5.4 of that Annex Requirements as specified in paragraph 3 of Annex I to Community Directive 78/1015 except for sub-paragraph 3.2.

Noise limits—vehicles not subject to regulations 55 to 57, first used on or after 1st April 1970

58.—(1) Save as provided in paragraph (2) and in regulation 59, every wheeled motor vehicle which was first used on or after 1st April 1970 and which is not subject to regulations 55, 56 or 57 shall be so constructed that the sound level (A weighting) in decibels does not exceed the maximum permitted level shown in column 2 of the Table for the relevant class of vehicle shown in column 1, when the noise emitted by it is measured under the specified conditions using the prescribed apparatus.

(2) A vehicle to which this regulation applies is not required to comply with paragraph (1) if at the time of its first use it complied with Community Directive 70/157, 73/350 or 77/212 or, in the case of an agricultural motor vehicle, 74/151, or if it is—

(a)a road roller;

(b)a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(c)a vehicle propelled by a compression ignition engine and which is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations;

(d)a motorcycle first used on or after 1st October 1980, with an engine capacity not exceeding 50 cc which complies with the requirements specified in regulation 57(2); or

(e)an agricultural motor vehicle manufactured on or after 7th February 1975 which complies with the requirements specified in regulation 56(2).

(3) The definition of sound level (A weighting) in decibels contained in clause 2 of the British Standard Specification for Sound Level Meters published by the British Standards Institution on 7th September 1962 under the number BS 3539: 1962, as amended by Amendment Slip No. 1, numbered AMD22 and published on 1st July 1968, applies for the purposes of this regulation.

(4) In this regulation, “the specified conditions” means the method described by the British Standard Method for the Measurement of Noise Emitted by Motor Vehicles published on 24th June 1966 under the number BS 3425:1966.

(5) In this regulation “the prescribed apparatus” means a noise meter—

(a)which is in good working order and complies with the requirements laid down for vehicle noise meters in Part I of the said British Standard Specification numbered BS 3539:1962, as amended by the said Amendment Slip No. 1;

(b) which has, not more than 12 months before the date of the measurement made in accordance with paragraph (1), undergone all the tests for checking calibration applicable in accordance with the Appendix to the said British Standard Specification; and

(c) in respect of which there has been issued by the National Physical Laboratory, the British Standards Institution or the Secretary of State a certificate recording the date on which as a result of those tests the meter was found to comply with the requirements of clauses 8 and 9 of the said British Standard Specification.

TABLE

(regulation 58(1))

12 3
ItemClass of vehicleMaximum permitted sound level in dB(A)
1 Motor cycle of which the cylinder capacity of the engine does not exceed 50 cc 77
2Motor cycle of which the cylinder capacity of the engine exceeds 50 cc but does not exceed 125 cc82
3 Motor cycle of which the cylinder capacity of the engine exceeds 125 cc86
4Goods vehicle to which regulation 66 applies and which is equipped with a plate complying with the requirements of regulation 66 and showing particulars of a maximum gross weight of more than 3560 kg89
5Motor car not being a goods vehicle of the kind described in item 4 above 85
6Motor tractor89
7 Locomotive89
8Agricultural motor vehicle89
9Works truck89
10Engineering plant 89
11Passenger vehicle constructed for the carriage of more than 12 passengers exclusive of the driver89
12Any other passenger vehicle84
13Any other vehicle85

Exceptions to regulations 55 to 58

59.  Regulations 55, 56, 57(2) and 58 do not apply to a motor vehicle which is—

(a)proceeding to a place where, by previous arrangement—

(i)noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it; or

(ii) the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or

(b)returning from such a place immediately after the noise has been so measured.

Radio interference suppression

60.—(1) Save as provided in paragraph (2), every wheeled motor vehicle first used on or after 1st April 1974 which is propelled by a spark ignition engine shall comply at the time of its first use with Community Directive 72/245 or ECE Regulation 10 or 10.01 or, in the case of an agricultural motor vehicle, Community Directive 75/322.1

(2) This regulation does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973.

Emission of smoke, vapour, gases, oily substances etc

61.—(1) Subject to paragraph (4), every vehicle shall be constructed so as not to emit any avoidable smoke or avoidable visible vapour.

(2) Every motor vehicle using solid fuel shall be fitted with—

(a)a tray or shield to prevent ashes and cinders from falling onto the road; and

(b)an efficient appliance to prevent any emission of sparks or grit.

(3) Subject to paragraph (4) and to the exemptions specified in an item in column 4 of the Table, every wheeled vehicle of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.

(4) Instead of complying with such provisions of paragraph (1) and items 1, 2 and 3 in the Table as apply to it, a vehicle may at the time of its first use comply—

(a)if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or

(b)if it is propelled by a spark ignition engine, with Community Directive 78/665 or 83/351 or ECE Regulation 15.03 or 15.04.

(5) No person shall use, or cause or permit to be used, on a road any motor vehicle—

(a)from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any person who is, or who may reasonably be expected to be, on the road;

(b)which is subject to the requirement in item 2 of the Table (whether or not it is deemed to comply with that requirement by virtue of paragraph (4)), if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or

(c)which is subject to the requirement in item 1 of the Table if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(6) No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of the Table applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

TABLE

(regulation 61(3))

1 234
ItemClass of vehicleRequirementsExemptions
1Vehicles propelled by a compression ignition engine and equipped with a device designed to facilitate starting the engine by causing it to be supplied with excess fuel.Provision shall be made to ensure the device cannot readily be operated by a person inside the vehicle.
(a)

a work truck;

(b)

a vehicle on which the device is so designed and maintained that—

(i)

its use after the engine has started cannot cause the engine to be supplied with excess fuel, or

(ii)

it does not cause any increase in the smoke or visible vapour emitted from the vehicle.

2 Vehicles first used on or after 1st April 1973 and propelled by a compression ignition engine.The engine of the vehicle shall be of a type for which there has been issued by a person authorised by the Secretary of State a type test certificate in accordance with the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under number BS AU 141a: 1971. In the case of an agricultural motor vehicle (other than one which is first used after 1st June 1986 and is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant, for the purposes of that Specification as to the exhaust gas opacity, measurements shall be made with the engine running at 80% of its full load over the speed range from maximum speed down to the speed at which maximum torque occurs as declared by the manufacturer of the vehicle for those purposes.

(a) a vehicle manufactured before 1st April 1973 and propelled by an engine known as the Perkins 6.354 engine;

(b) a vehicle propelled by an engine having not more than 2 cylinders and being an agricultural motor vehicle (other than one which is first used on or after 1st June 1986 and which is driven at more that 20 mph), an industrial tractor, a works truck or engineering plant.

3 Vehicles first used on or after 1st January 1972 and propelled by a spark ignition engine other than a 2-stroke engine. The engine shall be equipped with means sufficient to ensure that, while the engine is running, any vapours or gases in the engine crank case, or in any other part of the engine to which vapours or gases may pass from that case, are prevented, so far as is reasonably practicable, from escaping into the atmosphere otherwise than through the combustion chamber of the engine.

(a) a two-wheeled motor cycle with or without a sidecar attached;

(b) a vehicle to which item 4 below applies.

4 Vehicles first used on or after 1st October 1982 and propelled by a spark ignition engine.The vehicle shall comply at the time of its first use with Community Directive 78/665 or 83/351 or ECE Regulation 15.03 or 15.04.

(a) a vehicle with a maximum gross weight exceeding 3500 kg;

(b) a vehicle which has only two wheels;

(c) a vehicle with an unladen weight of less than 400 kg;

(d) a vehicle with less than 4 wheels and having a maximum speed not exceeding 30 mph.

Closets etc

62.—(1) No wheeled vehicle first used after 15th January 1931 shall be equipped with any closet or urinal which can discharge directly on to a road.

(2) Every tank into which a closet or urinal with which a vehicle is equipped empties, and every closet or urinal which does not empty into a tank, shall contain chemicals which are non-inflammable and non-irritant and provide an efficient germicide.

Wings

63.—(1) Save as provided in paragraph (4), this regulation applies to—

(a)invalid carriages;

(b)heavy motor cars, motor cars and motor cycles, not being agricultural motor vehicles or pedestrian-controlled vehicles;

(c)agricultural motor vehicles driven at more than 20 mph; and

(d)trailers.

(2) Subject to paragraphs (3) and (5), every vehicle to which this regulation applies shall be equipped with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of its wheels or tracks.

(3) The requirements specified in paragraph (2) apply, in the case of a trailer with more than two wheels, only in respect of the rearmost two wheels.

(4) Those requirements do not apply in respect of—

(a)a works truck;

(b)a living van;

(c)a water cart;

(d)an agricultural trailer drawn by a motor vehicle which is not driven at a speed in excess of 20 mph;

(e)an agricultural trailed appliance;

(f)an agricultural trailed appliance conveyor;

(g)a broken down vehicle;

(h)a heavy motor car, motor car or trailer in an unfinished condition which is proceeding to a workshop for completion;

(i)a trailer used for or in connection with the carriage of round timber and the rear wheels of any heavy motor car or motor car drawing a semi-trailer so used; or

(j)a trailer drawn by a motor vehicle the maximum speed of which is restricted to 20 mph or less under Schedule 6 to the 1984 Act.

(5) Instead of complying with paragraph (2) a vehicle may comply with Community Directive 78/549.

Spray suppression devices

64.—(1) Save as provided in paragraph (2), this regulation applies to every wheeled goods vehicle which is—

(a)a motor vehicle first used on or after 1st April 1986 having a maximum gross weight exceeding 12,000 kg;

(b)a trailer manufactured on or after 1st May 1985 having a maximum gross weight exceeding 3500 kg; or

(c)a trailer, whenever manufactured, having a maximum gross weight exceeding 16,000 kg and 2 or more axles.

(2) This regulation does not apply to—

(a)a motor vehicle so constructed that the driving power of its engine is, or can by use of its controls be, transmitted to all the wheels on at least one front axle and on at least one rear axle;

(b)a motor vehicle of which no part which lies within the specified area is less than 400 mm vertically above the ground when the vehicle is standing on reasonably flat ground;

(c)a works truck;

(d)a works trailer;

(e)a broken down vehicle;

(f)a motor vehicle which has a maximum speed not exceeding 30 mph;

(g)a vehicle of a kind specified in sub-paragraphs (b), (c), (d), (e), (f), (g), (h), (j), (k), (o) or (p) of regulation 51(2);

(h)a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete; or

(i)a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with the requirements specified in paragraph (3).

(3) A vehicle to which this regulation applies and which is of a class specified in an item in column 2 of the Table shall not be used on a road on or after the date specified in column 3 in that item, unless it is fitted in relation to the wheels on each of its axles, with such containment devices as satisfy the technical requirements and other provisions about containment devices specified in the British Standard Specification, provided that in the case of a containment device fitted before 1st January 1985 the said requirements shall be deemed to be complied with if that containment device substantially conforms to those requirements.

TABLE

(regulation 64(3))

1 23
ItemClass of Vehicle Date
1A trailer manufactured before 1st January 19751st October 1987
2A trailer manufactured on or after 1st January 1975 but before 1st May 19851st October 1986
3A trailer manufactured on or after 1st May 19851st May 1985
4 A motor vehicle1st April 1986

(4) In this regulation—

the British Standard Specification” means the British Standard Specification for Spray Reducing Devices for Heavy Goods Vehicles published under the reference BS AU 200: Part I: 1984 and BS AU 200: Part 2: 1984 and references to a “containment device” are references to the device so described in the British Standard Specification;

the specified area” means the area formed by the overall length of the vehicle and the middle 80% of the shortest distance between the inner edges of any two wheels on opposite sides of the vehicle (such distance being ascertained when the vehicle is fitted with suitable tyres inflated to a pressure recommended by the manufacturer, but excluding any bulging of the tyres near the ground) .

(5) Nothing in this regulation derogates from any requirement specified in regulation 63.

Maintenance of spray suppression devices

65.  Every part of every containment device with which a vehicle is required to be fitted by the provisions of regulation 64 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the effectiveness of the device.

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