The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) in relation to brakes. The Regulations make the following changes of substance in addition to minor drafting changes.

Regulation 3 inserts a number of new definitions in the table following regulation 3(2) and amends the existing definition of “Framework Directive” in that table.

Regulation 4 introduces two new exemptions from the requirements in regulation 15(1E) and (5B) concerning anti-lock braking systems (“ABS”). Purpose built vehicles with a maximum design weight of 7500 kg designed and used for street cleansing are exempted from the requirement to have ABS fitted. Vehicles used by a Police Authority which have been authorised by a Chief Constable to perform accident reconstruction duties are exempted from the prohibitions on the use of isolation switches for the operation of ABS.

Regulation 5 amends regulation 15 of the 1986 Regulations (braking systems of certain vehicles first used on or after 1st April 1983) by inserting references to Council Directive 98/12/EC, and the latest version of the United Nations ECE Regulations 13.07, 13.08 and 13.09. This has the effect of extending the categories of vehicles which are required to be fitted with ABS at the point of manufacture to include all passenger-carrying vehicles with more than 8 passenger seats in addition to the drivers, all goods vehicles over 3500 kg and all trailers over 3500kg. This extension will apply to all new vehicles of the relevant kinds first used on or after 1st April 2002. The Road Vehicles (Brake Linings Safety) Regulations 1999 (S.I. 1999/2978) gave effect to Commission Directive 98/12/EC of 27th January 1998. The 1998 Directive lays down standards for asbestos-free brake linings, adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of Member States relating to the braking devices of certain categories of light motor vehicles and their trailers.

Regulation 5 also introduces a new definition of “date of manufacture” in respect of trailers. The regulation also imposes a requirement for trailers over 8 years old, which are subject to a notifiable alteration or major rebuilding under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988 (S.I. 1988/1478) (as amended) to be brought up to the latest braking standard applicable at the time of the rebuilding.

Regulations 6 and 7 amend, respectively, regulation 16 (braking systems of vehicles to which regulation 15 does not apply) and regulation 17 (vacuum or pressure brakes warning devices) by inserting references to Council Directive 98/12/EC and the latest version of the United Nations ECE Regulations 13.07, 13.08 and 13.09.

Regulation 8 amends regulation 17A by introducing the new British Standard specification BS AU 138b:2000 as an acceptable alternative for couplings used on pneumatic braking systems. Provision has been made for compliance with a corresponding standard.

Regulation 9 introduces new requirements into regulation 18 of the 1986 Regulations (maintenance and efficiency of brakes) which relates to the electrical connection between a tow vehicle and trailer in order to provide a dedicated power supply to the ABS. The regulation also inserts references to Council Directive 98/12/EC and the latest version of the United Nations ECE Regulations 13.07, 13.08 and 13.09.

Regulation 10 makes a minor correction to regulation 61A of the 1986 Regulations by deleting the reference to paragraphs (5) to (7) and Schedule 7XA at the beginning of that provision.

Regulation 11 makes amendments to the tables of Community Directives and United Nations ECE Regulations in Schedule 2 by inserting details of Commission Directive 98/12/EC of 27th January 1998 and ECE Regulations 13.08 and 13.09 in the relevant places.

Regulation 12 makes amendments to the table in Schedule 3 concerning braking requirements by inserting details of Commission Directive 98/12/EC of 27th January 1998 and United Nations ECE Regulations 13.07, 13.08 and 13.09 in the relevant places.

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Local Government and the Regions, Zone 2/04, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: [phone]). Copies are being placed in the Libraries of each House of Parliament. Copies of British Standard specifications and ISO Standard specifications are available from the British Standards Institution, 389 Chiswick High Road, London W4 4AL.

Copies of the relevant EC Directives, ECE Regulations and other Regulations can be obtained from the Stationery Office. Details of the Directives and Regulations are set out below. Details of motor vehicles Directives are available on “http://europa.eu.int/eurlex/en/lif/reg/enregister133010.html”.

The Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. 1998 No. L 204, p.37).

EC DIRECTIVES

Principal Instruments	Relevant Amending Instruments
Council Directive 70/156/EEC of 6th February 1970 (O.J. No. L42, 23.2.70, p.1).	Council Directive 87/403/EEC (O.J. No. L220, 8.8.87, p.44), Council Directive 92/53/EEC (O.J. No. L225, 10.8.92, p.1), Commission Directive 93/81 (O.J. No. L264, 23.10.93, p.49) and Commission Directive 98/14/EC (O.J. No. L91, 25.3.98, p.1).
Council Directive 71/320/EEC of 26th July 1971 (O.J. No. L202, 6.9.71, p.37).	Commission Directive 74/132/EEC of 11th February 1974 (O.J. No. L74, 19.3.74, p.7), Commission Directive 75/524/EEC of 25th July 1975 (O.J. No. L236, 8.9.75, p.3), Commission Directive 79/489/EEC of 18th April 1979 (O.J. No. L128, 26.5.79, p.12), Commission Directive 85/647/EEC of 23rd December 1985, (O.J. No. L380, 31.12.85, p.1), Commission Directive 88/194/EEC of 24th March 1988 (O.J. No. L92, 9.4.88, p.47), and Commission Directive 91/422/EEC of 15th July 1991 (O.J. No. L233, 22.8.91, p.21, to which there is a corrigendum in O.J. No. L275, 2.10.91, p.36). Commission Directive 98/12/EC of 27th January 1998 (O.J. No. L81, 18.3.98, p.1).

ECE REGULATIONS

Principal Instruments

Relevant Amending Instruments

Regulation 13 annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963 (“the ECE Agreement”). Regulation 78 annexed to the ECE Agreement.

Revised on 11th July 1974. Amended on 4th January 1979. Amended on 11th August 1981. Amended on 26th November 1984. Amended on 1st April 1987. Amended on 5th October 1987. Amended on 29th July 1988. Amended on 22nd November 1990. Amended on 15th November 1992. Amended on 24th August 1993. Amended on 18th September 1994. Amended on 26th March 1995. Amended on 1st October 1996.