Statutory Instruments
1998 No. 2429

ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1998

Made
29th September 1998

Laid before Parliament
8th October 1998

Coming into force
1st November 1998

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:–

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1998 and shall come into force on 1st November 1998.

Preliminary

2.  The Road Vehicles (Construction and Use) Regulations 1986(2) shall be further amended as follows.

Amendment to regulation 16 (braking systems of vehicles to which regulation 15 does not apply)

3.  In regulation 16, in paragraph (7), after “76/432” there shall be added “or 96/63”.

Amendment to regulation 17 (vacuum or pressure brakes warning devices)

4.  In regulation 17, in paragraph (2)(b), after “76/432” there shall be inserted “or 96/63”.

Amendments to regulation 46 (seat belt anchorage points)

5.  In regulation 46, in paragraphs (4)(b) and (4B)(a), after “90/629” there shall be inserted “or 96/38”.

Amendments to regulation 47 (seat belts)

6.—(1) Regulation 47 shall be amended as follows.

(2) In paragraph (3), after “90/628” there shall be inserted “or 96/36”.

(3) In paragraph (8)–

(a)in sub-paragraph (i)(b) of the definition of “British Standard mark” for “or BS AU 202a” there shall be substituted “, BS AU 202a or BS AU 202b”; and

(b)in sub-paragraph (b) of the definition of “designated approval mark” for “and 44B” there shall be substituted “, 44B and 44C”.

Revocation of regulation 88 (use of bridging plates between motor vehicle and trailer)

7.  Regulation 88 is hereby revoked.

Amendments to Schedule 2

8.—(1) Table I of Schedule 2 shall be amended as follows.

(2) After item 73 there shall be inserted the following items–

“73A
96/36
17.6.96
L178, 17.7.96, p.15
Safety belts and restraint systems of motor vehicles
77/541 as amended by 81/576, 82/319 and 90/628

73B
96/38
17.6.96
L187, 26.7.96, p.95
Anchorages for motor vehicle safety belts
76/115 as amended by 81/575, 82/318 and 90/629”

(3) After item 74 there shall be inserted the following item–

“74A
96/63
30.9.96
L253, 5.10.96, p.13
Braking devices of wheeled agricultural or forestry tractors
76/432”

Signed by authority of the Secretary of State

Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
29th September 1998

Explanatory Note

(This note is not part of the Regulations)
These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.
Regulation 3 amends regulation 16 (braking systems of vehicles to which regulation 15 does not apply) by enabling an agricultural motor vehicle to meet the requirements of the regulation by complying with Council Directive 76/432/EEC as amended by Commission Directive 96/63/EC. Such a vehicle can, as before, meet the requirements of the regulation by complying with Council Directive 76/432/EEC.
Regulation 4 amends regulation 17 (vacuum or pressure brakes warning devices) by disapplying the requirements of the regulation in relation to an agricultural motor vehicle which complies with Council Directive 76/432/EEC as amended by Commission Directive 96/63/EC. These requirements do not, as before, apply to such a vehicle if it complies with Council Directive 76/432/EEC.
Regulation 5 amends regulation 46 (seat belt anchorage points) by enabling a vehicle to meet the requirements of the regulation by complying with Council Directive 76/115/EEC as amended by Council Directive 81/575/EEC, Commission Directive 82/318/EEC, Commission Directive 90/629/EEC and Commission Directive 96/38/EC. A vehicle can, as before, meet the requirements of the regulation by complying with Council Directive 76/115/EEC or with that Directive as amended by Council Directive 81/575/EEC or with that Directive as further amended by Commission Directive 82/318/EEC or with that Directive as further amended by Commission Directive 90/629/EEC.
Regulation 6 amends regulation 47 (seat belts) so as to–
(a)enable a vehicle to meet the requirements of the regulation by complying with Council Directive 77/541/EEC as amended by Commission Directive 82/319/EEC, Commission Directive 90/628/EEC and Commission Directive 96/36/EC (A vehicle can, as before, meet the requirements of the regulation by complying with Council Directive 77/541 or with that Directive as amended by Commission Directive 82/319/EEC or with that Directive as further amended by Commission Directive 90/628/EEC); and
(b)permit the use of a child restraint system marked in accordance with–

(i)ECE Regulation 44 as amended by ECE Regulations 44.01, 44.02 and 44.03; or

(ii)BS AU 202b,

and, in the latter case, bearing the registered certification trade mark of the British Standards Institution.
Regulation 7 revokes regulation 88.
Regulation 8 makes consequential amendments to Table I of Schedule 2.
These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983, L109, p.9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988, L81, p.75) and European Parliament and Council Directive 94/10/EEC of 23rd March 1994 (OJ 1994, L100, p.30).
A copy of the British Standard referred to above can be obtained from the British Standards Institution, Customer Service Department, 389 Chiswick High Road, London W4 4AL (Tel: 0181 996 9000) or from the Stationery Office.
Copies of the relevant Directives and ECE Regulations can also be obtained from the Stationery Office. The details are set out below.

DIRECTIVES

Principal Instrument
Amending Instruments

Council Directive 76/432/EEC of 26th June 1975 (OJ No. L122, 8.5.76, p.1).
Commission Directive 96/63/EC of 30th September 1996 (OJ No. L253, 5.10.96, p.13).

Council Directive 76/115/EEC of 18th December 1975 (OJ No. L24, 30.1.76, p.6).
Council Directive 81/575/EEC of 29th July 1981 (OJ No. L209, 29.7.81, p.30), Commission Directive 82/318/EEC of 2nd April 1982 (OJ No. L139, 19.5.82, p.9), Commission Directive 90/629/EEC of 30th October 1990 (OJ No. L341, 6.12.90, p.14) and Commission Directive 96/38/EC of 17th June 1996 (OJ No. L187, 26.7.96, p.95).

Council Directive 77/541/EEC of 28th June 1977 (OJ No. L220, 29.8.77, p.95).
Council Directive 81/576/EEC of 29th July 1981 (OJ No. L209, 29.7.81, p.32), Commission Directive 82/319/EEC of 2nd April 1982 (OJ No. L139, 19.5.82, p.17), Commission Directive 90/628/EEC of 30th October 1990 (OJ No. L341, 6.12.90, p.1) and Commission Directive 96/36/EC of 17th June 1996 (OJ No. L178, 17.7.96, p.15).


ECE REGULATIONS

Principal Instrument
Amending Instruments

Regulation 44 dated 22nd January 1981 and 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 20th 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 the 15th January 1963.
Amended on 17th November 1982, corrected on 26th January 1984, amended on 4th April 1986, 8th November 1987, 28th February 1989 and 29th November 1990, corrected on 11th September 1992 and amended on 12th September 1995.



(1)
1988 c. 52; section 41(2) was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50.

(2)
S.I. 1986/1078; relevant amending instruments are S.I. 1987/1133, 1989/1478, 1990/1981, 1991/2003, 1992/352, 1994/3270, 1995/551 and 1996/163.