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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.
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