The Motor Vehicles (Approval) Regulations 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/3013/made/data.htm?wrap=true
Published: 1996-12-02

Statutory Instruments
1996 No. 3013

ROAD TRAFFIC
The Motor Vehicles (Approval) Regulations 1996

Made
2nd December 1996

Laid before Parliament
9th December 1996

Coming into force
1st July 1997

The Secretary of State for Transport, in exercise of the powers conferred by sections 54, 61,63 and 66 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:

PART IGENERAL

Citation and Commencement

1.  These Regulations may be cited as the Motor Vehicles (Approval) Regulations 1996 and shall come into force on 1st July 1997.

Interpretation

2.—(1) In these Regulations—

“the 1982 Regulations” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(2);

“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(3);

“the 1988 Act” means the Road Traffic Act 1988;

“the 1989 Regulations” means the Road Vehicles Lighting Regulations 1989(4);

“approval requirements”, in relation to a vehicle, means the requirements prescribed by section 54 of the 1988 Act as they apply to that vehicle (see also regulation 4(4) and 6(4));

“axle weight”, “gross weight”, “kerbside weight”, “maximum gross weight” and “maximum permitted axle weight” have the meanings given in regulation 3(2) of the Construction and Use Regulations;

“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(5);

“kg” means kilograms;

“kph” means kilometres per hour;

“mm” means millimetres;

“motor ambulance” means a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability;

“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

“mph” means miles per hour;

“relevant goods vehicle” has the meaning given in regulation 5(2);

“relevant passenger vehicle” has the meaning given in regulation 3(3);

“transitional provision vehicle” has the meaning given in Schedule 6 to these Regulations; and

“wheel” has the meaning given in regulation 3(2) of the Construction and Use Regulations.

(2) A reference in any provision in these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.

(3) Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations (other than item 16 of Schedule 2) as they apply for the purposes of the Construction and Use Regulations (other than regulations 26 and 27).

(4) Schedule 5 to these Regulations—

(a)interprets expressions relating to Community instruments and ECE Regulations (including references to complying with provisions of such instruments); and

(b)sets out details of the Community instruments and ECE Regulations referred to in these Regulations.

(5) Without prejudice to section 17 of the Interpretation Act 1978(6) and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.

(6) In these Regulations, unless the context otherwise requires—

(a)any reference to a numbered regulation, is a reference to the regulation bearing that number in these Regulations; and

(b)any reference to a numbered or lettered paragraph is a reference to the paragraph bearing that number or letter in the regulation or Schedule in which the reference occurs.

PART IIPASSENGER VEHICLES

Application of Part II

3.—(1) This Part of these Regulations applies to every motor vehicle which—

(a)is a vehicle to which the 1984 Regulations apply or to which those Regulations would apply but for regulation 3(2)(a), (b), (e) or (j)) of those Regulations;

(b)meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations; and

(c)is not a motor ambulance or a motor caravan.

(2) This Part of these Regulations also applies to every motor vehicle which—

(a)is a motor ambulance or a motor caravan;

(b)has four or more wheels; and

(c)is a vehicle to which the 1984 Regulations apply.

(3) In these Regulations, “relevant passenger vehicle” means a vehicle to which this Part of these Regulations apply.

Approval requirements relating to relevant passenger vehicles

4.—(1) Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 2 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant passenger vehicles so far as they are not prescribed under regulation 4 of the 1984 Regulations.

(2) The requirements set out in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.

An entry in column 4 of an item in the Table shall have effect for the purposes of interpreting or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.

(3) Where a provision of any Community instrument or ECE Regulation is applied by Schedule 2, that provision as so applied shall (except in so far as the contrary intention appears and subject to context) have effect in relation to a vehicle that is not a vehicle of category Ml as it has effect in relation to a vehicle of category Ml; and for the purposes of this paragraph “vehicle of category Ml” has the same meaning as in Directive 70/156/EEC as last amended by Directive 92/53/EEC.

(4) A relevant passenger vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 2 to these Regulations.

(5) The three conditions are—

(a)that the requirements set out in column 3 of the Table in relation to the subject matter are not applicable to the vehicle;

(b)that the requirements set out in column 3 of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;

(c)that requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter and the vehicle complies with those requirements.

(6) For the purposes of paragraph (5), the requirements prescribed by regulation 4 of the 1984 Regulations in relation to the subject matter mentioned in item 6 of column 2 of the Table in Schedule 2 to these Regulations (lamps, reflectors and devices) shall be regarded as the requirements prescribed in relation to—

(a)installation of lighting and signalling equipment;

(b)direction indicators;

(c)headlamps and filament lamps;

(d)side, rear and stop lamps;

(e)rear reflectors; and

(f)rear fog lamps.

(7) For the purposes of paragraph (5), regulation 4(1A) of the 1984 Regulations shall have effect as if—

(a)for sub-paragraph (a), there were substituted—

“(a)an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;”; and

(b)the words after sub-paragraph (b) were omitted.

(8) If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1984 Regulations (disregarding paragraph (7) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.

PART IIIGOODS VEHICLES

Application of Part III

5.—(1) This Part of these Regulations applies to every motor vehicle which—

(a)is a vehicle to which the 1982 Regulations apply or to which those Regulations would apply but for regulation 3(2)(q) or (r) of those Regulations;

(b)has a maximum gross weight not exceeding 3.5 tonnes; and

(c)meets the requirements of paragraph 1,2 or 3 of Schedule 1 to these Regulations.

(2) In these Regulations, “relevant goods vehicle” means a goods vehicle to which this Part of these Regulations apply.

Approval requirements relating to relevant goods vehicles

6.—(1) Subject to the following provisions of this regulation, the requirements set out in column 3 of the Table in Schedule 3 to these Regulations are hereby prescribed under section 54 of the 1988 Act as requirements as to the design, construction, equipment and marking of relevant goods vehicles so far as they are not prescribed under regulation 4 of the 1982 Regulations.

(2) The requirements set out in column 3 of the Table in Schedule 3 have effect subject to the exceptions and modifications set out in column 5 of that Table.

An entry in column 4 of an item in the Table shall have effect for the purposes of interpretating or otherwise supplementing the entries in that item and for convenience expressions that are defined in that column are printed in bold type in the Table.

(3) Where a provision of any Community instrument or ECE Regulation is applied by Schedule 3, that provision as so applied shall have effect in relation to a vehicle that is not a vehicle of category Nl as it has effect in relation to a vehicle of category Nl ; and for the purposes of this paragraph “vehicle of category Nl” has the same meaning of Directive 70/156/EEC as last amended by Directive 92/53/EEC.

(4) A relevant goods vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act that are applicable to it if at least one of the following three conditions are satisfied in relation to each subject matter mentioned in column 2 of the Table in Schedule 3 to these Regulations.

(5) The three conditions are—

(a)that the requirements set out in column (3) of the Table in relation to the subject matter are not applicable to the vehicle;

(b)that the requirements set out in column (3) of the Table in relation to the subject matter are applicable to the vehicle and the vehicle complies with those requirements;

(c)that requirements applicable to the vehicle are prescribed by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements.

(6) For the purposes of paragraph (5), regulation 4(2A) of the 1982 Regulations shall have effect as if—

(a)for sub-paragraph (a), there were substituted—

“(a)an entry in column (6) of Part I of Schedule I shall not apply to the vehicle if the vehicle was manufactured before the date specified or having effect as if specified in that entry;”; and

(b)the words after sub-paragraph (b) were omitted.

(7) If a relevant passenger vehicle complies with all the requirements prescribed by regulation 4 of the 1982 Regulations (disregarding paragraph (6) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.

PART IVMISCELLANEOUS

Application for Minister’s approval certificate

7.—(1) An application for the issue for a Minister’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Secretary of State.

(2) The application shall be in a form which—

(a)has been approved by the Secretary of State; and

(b)has been duly completed so as to furnish all the information required by that form.

(3) The application shall be accompanied by—

(a)the documents mentioned in the form as being required in connection with the application; and

(b)the prescribed fee.

(4) As soon as reasonably practicable after he receives the application, the Secretary of State shall send to the applicant a notice stating the time when and the place where an examination for the purpose of the application is to be carried out.

(5) The Secretary of State may by notice to the applicant alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.

(6) Where an application (“the original application”) is made in accordance with the paragraphs (1) to (3) is refused other than by virtue of regulation 11 or on the grounds that the vehicle is neither a relevant passenger vehicle nor a relevant goods vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to those paragraphs if—

(a)it is made (orally or in writing) to the Secretary of State during the period of three months beginning with the date on which the original application was refused; and

(b)at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application—

(i)at the place where the examination took place for the purposes of the original application, and

(ii)during that period of three months.

(7) Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6). In the case of such an application—

(a)the Secretary of State shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to take place;

(b)the Secretary of State may alter the time when or the place where the examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant;

(c)if the Secretary of State so alters the time or place, he shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out; and

(d)the applicant shall pay the prescribed fee to the Secretary of State before the examination is carried out.

(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.

Assignment of vehicle identification numbers

8.—(1) This regulation applies where it appears to the Secretary of State when he gives notice under regulation 7(4) that the vehicle to which the application relates does not have a vehicle identification number which—

(a)complies with paragraph 3.1 .l of the Annex to Directive 76/l 14/EEC or that Directive as last amended by Directive 78/507/EEC;

(b)has been previously assigned to the vehicle under this regulation; or

(c)does not fall within sub-paragraph (a) or (b), but is adequate for the purpose of enabling the vehicle to be identified.

(2) In such a case—

(a)he shall assign a vehicle identification number to the vehicle; and

(b)the number shall be specified in the notice.

(3) Where an application is made under regulation 7 for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act—

(a)paragraph (1) shall have the effect as if the words “when” to “regulation 7(4)” were omitted, and

(b)paragraph (2) shall have effect as if sub-paragraph (b) were omitted.

Criteria for determining design weights

9.  For the purposes of section 54(2) of the 1988 Act, where an application is made pursuant to regulation 7, the criteria for determining, as design weights, the axle weights and gross weights which in the opinion of the Secretary of State should not be exceeded in the case of a vehicle to which these Regulations apply are as follows—

(a)the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;

(b)any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and

(c)any information obtained from an examination of a vehicle of that type or a similar type with a view to ascertaining whether at the time of the examination, it complied with any requirement prescribed under section 54 of the 1988 Act and applicable to it.

Appeals

10.—(1) An appeal under section 60 of the 1988 Act by a person aggrieved by a determination made on behalf of the Secretary of State pursuant to an application under regulation 7 shall be made by notice in a form which—

(a)has been approved by the Secretary of State; and

(b)has been duly completed so as to furnish all information which is required by that form.

(2) The notice of appeal shall be accompanied by the prescribed fee.

(3) The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.

(4) As soon as reasonably practicable after the date of the receipt of the notice of appeal the Secretary of State shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.

(5) The Secretary of State may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.

Refusal of application or appeal without an examination or a complete examination

11.—(1) In this regulation—

“examiner”, in relation to an examination, means the person appointed by the Secretary of State to conduct the examination;

“examination”, in relation to an application, means an examination for the purposes of the application.

(2) This regulation applies to an appeal under regulation 10 as it applies to an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act as if references to the application were references to the appeal.

(3) The Secretary of State may refuse an application under regulation 7 for the issue of a Minister’s approval certificate under section 58(1) of the 1988 Act even though an examination has not been carried out if—

(a)the vehicle is not submitted for examination at the time and place fixed under these Regulations for the examination;

(b)the fee in respect of the examinations is not paid at or before the time fixed under these Regulations for the examination;

(c)the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven or the engine run and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven or for the engine to be run to such extent as may be necessary for the purposes of carrying out the examination;

(d)at the time that the vehicle is submitted for the examination, the vehicle or any part of or any equipment of the vehicle is so dirty or dangerous as to make it unreasonable for the examination to be carried out;

(e)any things which are on the vehicle when it is submitted for the examination, and are not part of its equipment or accessories, are required by the examiner to be removed from the vehicle or to be secured in such a manner as he may think necessary and those things are not removed or secured accordingly;

(f)when the vehicle is submitted for the examination, a proper examination cannot be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot readily be opened;

(g)when the vehicle is submitted for the examination, its condition is such that, in the opinion of the examiner, a proper examination of the vehicle would involve a danger of—

(i)injury to any person, or

(ii)damage to the vehicle or any other property;

(h)when the vehicle is submitted for the examination, there is not permanently fixed to the chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible, a vehicle identification number that—

(i)complies with paragraph 3.1.1 of Annex to Directive 76/l 114/EEC or that Directive as last amended by Directive 78/570/EEC;

(ii)has been assigned to the vehicle under regulation 8; or

(iii)does not fall within sub-paragraph (i) or (ii), but appears to the Secretary of State to be adequate for the purpose of enabling the vehicle to be identified; or

(j)the person who is the driver of the vehicle at the time it is submitted for the examination is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls or to remove or refit its panels and he declines to do so.

(4) Nothing in this regulation shall affect the power of the Secretary of State to refuse an application which he would have were this regulation to be omitted.

Form of certificate

12.—(1) Subject to paragraph (2), a Minister’s approval certificate issued under section 58(1) of the 1988 Act shall be in the form set out in Schedule 4 to these Regulations or in a form to the like effect where the certificate is issued on the basis that the vehicle complies with the approved requirements by virtue of these Regulations.

(2) There shall be inserted in the box under the words “Type Code”—

(a)the letter “V” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 1 of Schedule 1 to these Regulations;

(b)the letter “P” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 2 of Schedule 1 to these Regulations;

(c)the letter “A” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 3 of Schedule 1 to these Regulations;

(d)the letter “M” if the certificate is being issued on the basis that the vehicle is a motor ambulance or a motor caravan,

but any letter or letters inserted pursuant to sub-paragraph (a) to (d) may be followed by a zero and then by any letters or numbers that the Secretary of State thinks fit to insert.

(3) Paragraphs (1) and (2) shall apply to a Minister’s approval certificate issued under section 58(4) of the 1988 Act as they apply to such a certificate issued under section 58(1) of that Act as if for the words “section 58(1)” in the form set out in Schedule 4 to these Regulations there were substituted the words “section 58(4)”.

Notices

13.  Without prejudice to regulation 7(7)(a), every notice under these Regulations shall be in writing and may be given by post.

Obligatory certificates

14.—(1) Subject to paragraph (2) below, this regulation applies to all relevant goods vehicles and relevant passenger vehicles.

(2) This regulation does not apply—

(a)to any motor ambulance or a motor caravan;

(b)to any vehicle that meets the requirements of paragraph 2 of Schedule 1 to these Regulations and is a vehicle to which section 47 of the 1988 Act(7) applies; or

(c)to any registered vehicle.

(3) The day appointed for the purposes of section 63(1) of the Road Traffic Act 1988 in relation to every vehicle—

(a)to which this regulation applies; but

(b)which is not of a class for which a day has previously been appointed for those purposes,

is 1st July 1997.

(4) Without prejudice to any other regulations having effect by virtue of section 63(1) of the 1988 Act, all vehicles to which this regulation applies are vehicles of a prescribed class for the purposes of that section.

(5) The type approval requirements prescribed for the purposes of section 63(1) of the 1988 Act, in relation to every vehicle to which this regulation applies, are the approval requirements.

(6) Section 63(1) of the 1988 Act shall not apply to the use of a relevant passenger vehicle or a relevant goods vehicle—

(a)for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;

(b)for the purpose of bringing it away, before it is registered, from such an examination;

(c)by an authorised person for the purpose of—

(i)taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or

(ii)carrying out a part of such an examination, or

(iii)warming up its engine in preparation for such an examination, before it is registered;

(d)where an application under regulation 7 is refused following such an examination, for the purpose of—

(i)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

(ii)bringing it away from a place where relevant work has been done on it,

before it is registered.

(7) In this regulation—

“authorised person” means an examiner appointed under section 66A of the 1988 Act or a person carrying out such an examination under the direction of such an examiner;

“registered” means registered under the Vehicle Excise and Regulation Act 1994;

“relevant work” means work done or to be done to remedy the defects on the ground of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).

Licences not be issued for vehicles unless appropriate certificates are in force

15.  Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 14 applies, the licence shall not be granted unless on the first application after the day appointed by regulations made by virtue of the 1988 Act, for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.

Signed by authority of the Secretary of State for Transport

John Bowis
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1996

Regulations 3(1), 5(1), 12(2)

SCHEDULE 1APPLICATION OF REGULATIONS-SUPPLEMENTAL PROVISIONS

Vehicles entering into service in very low numbers

1.—(1) A vehicle meets the requirements of this paragraph at a particular time if—

(a)since the 31st December immediately preceding that time less than 50 relevant Minister’s approval certificates have been issued with respect to vehicles of the relevant class;

(b)since the 31st December immediately preceding the beginning of the five year period less than 100 relevant Minister’s approval certificates have been issued with respect to vehicles of the relevant class; and

(c)no certificate of a kind specified in sub-paragraph (2) is in force with respect to a vehicle of the relevant class or the vehicle in question.

(2) The certificates referred to in sub-paragraph (1)(c) are—

(a)a certificate of conformity;

(b)a Minister’s approval certificate in a form prescribed by regulation 14 of the 1982 Regulations or regulation 9 of the 1984 Regulations; or

(c)an EC certificate of conformity.

(3) Notwithstanding anything in sub-paragraph (1), for the purposes of these Regulations, a vehicle shall be deemed to meet the requirements of this paragraph if a Minister’s approval certificate has been issued with respect to it in a form prescribed by regulation 12 and that certificate contains the letter “V” pursuant to paragraph (2)(a) of that regulation.

(4) For the purposes of this paragraph, a vehicle is a vehicle of the relevant class if it is not the vehicle in question, but is a vehicle—

(a)of the same model; and

(b)manufactured by the same manufacturer;

as the vehicle in question.

(5) For the purposes of this paragraph only, two or more vehicles manufactured by different bodies corporate shall be regarded as having been manufactured by the same manufacturer if at the date when the last of those vehicles was manufactured the bodies were inter-connected within the meaning given by section 137(5) of the Fair Trading Act 1973(8).

(6) In this paragraph—

“relevant Minister’s approval certificate” means a Minister’s approval certificate in a form prescribed by regulation 12 and containing the letter “V” pursuant to paragraph (2)(a); and

“the five year period”, in relation to any particular time, is the five year period ending at that time.

Vehicles imported by individuals for their or their dependants' personal use

2.—(1) A vehicle meets the requirements of this paragraph at a particular time if—

(a)the vehicle has been purchased outside the United Kingdom for the personal use of the individual importing it or of his dependants,

(b)the vehicle has been so used by that individual or his dependants on roads outside the United Kingdom before it is imported,

(c)the vehicle is intended solely for such personal use in the United Kingdom, and

(d)the individual importing the vehicle intends to remain in the United Kingdom for not less than twelve months from the time when application is made for a first licence for the vehicle under the Vehicle Excise and Registration Act 1994.

(2) Notwithstanding anything in sub-paragraph (1), for the purposes of these Regulations, a vehicle shall be deemed to meet the requirements of this paragraph if a Minister’s approval certificate has been issued with respect to it in a form prescribed by regulation 12 and that certificate contains the letter “I” pursuant to paragraph (2)(b) of that regulation.

Vehicles constructed for the personal use of the constructor etc.

3.—(1) A vehicle meets the requirements of this paragraph if—

(a)the vehicle was constructed or assembled for the personal use of a relevant individual; and

(b)the construction or assembly or a substantial part of the construction or assembly was carried out by—

(i)the individual referred to in paragraph (a),

(ii)one or more relevant individuals acting on his behalf and under his direction, or

(iii)the individual referred to in paragraph (a) and one or more relevant individuals acting on his behalf and under his direction.

(2) For the purposes of this paragraph, a reference to a relevant individual, in relation to a motor vehicle, is a reference to an individual who did not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed or assembled.

Regulation 4

SCHEDULE 2APPROVAL REQUIREMENTS FOR RELEVANT PASSENGER VEHICLES

1
2
3
4
5

Item
Subject matter
Requirement
Definitions and supplementary provisions
Exemptions and modifications

1
Doors, their latches and hinges

1.  All doors, provided on the vehicle for the entry and exit of occupants, shall be so designed as to allow easy and safe use. Doors shall have both intermediate and fully latched positions and their latches shall be designed to prevent the doors from opening accidentally. However, latching in an intermediate position is not required if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) below.

2.  Where hinges are used, the hinges shall be fitted at the front edge of the door. However, they may be fitted at the top or rear edge if either—

(a)a device is fitted which automatically closes the door at least to the intermediate latched position if it is unlatched when the vehicle is moving in the forward direction; or

(b)a safety-bolt is fitted to prevent such unlatching together with an audible warning device which activates if the vehicle is driven without the bolt in place.

3.  On hinged doors, the latch and striker assembly shall be capable of withstanding any load which is likely to be applied in normal driving (i.e. excluding crash impacts) in both the intermediate and fully latched positions. However, if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) above, the requirement need be met only with the bolt in place.

For the purposes of this item, “longitudinal plane” has the meaning given in regulation 3(2) of the Construction and Use Regulations.
Paragraph 3 shall not apply to doors which do not give direct access to a seat designed for normal use while a vehicle is travelling on a road. This includes any door, for which the longitudinal plane passing through the extreme inboard projecting point of the door is more than 300 mm distant from the longitudinal plane passing through the nearest edge of such a seat.

2
Radio-interference suppression
1.  The vehicle shall comply with the design, construction and fitting requirements of paragraph 6.1 of Annex 1 to Directive 72/245/EEC as last amended by Directive 89/491/EEC, or of paragraph 6.1 of ECE Regulation 10.01.

This item shall not apply to vehicles propelled otherwise than by a spark ignition engine.

2.  The suppression equipment components shall comply with the marking requirements of paragraph 4 of Annex 1 to Directive 72/245/EEC as last amended by Directive 89/491/EEC, or of paragraph 4 of ECE Regulation 10.01.

Paragraph 2 shall not apply to suppression equipment fitted to vehicles which meet the requirements of either paragraph 2 or paragraph 3 of Schedule 1 to these Regulations.

3
Protective Steering

1.  No part of the steering control surface directed towards the driver which can be contacted by a sphere of 165 mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5 mm.

2.  The steering control shall be designed, constructed and fitted so as not to embody components or accessories, including the horn control and other assemblies, capable of catching in the driver’s clothing or jewellery in normal driving movements.

3.  The steering control and column assembly as fitted to the vehicle or the steering control itself shall offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. This requirement shall be treated as met if either—

(a)the vehicle complies with the requirements of paragraph 5.2 of Annex I of Directive 74/297lEEC; or

(b)the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC.

4.  The vehicle shall comply with the requirements of paragraph 5.1 of Annex I of Directive 74/297/EEC.

For the purposes of this item, “steering control” has the same meaning as in Directive 74/297/EEC.

This item shall not apply to—

(a)
vehicles, the steering control of which has been specially constructed for the use of a person suffering from some physical defect or disability;

(b)
vehicles in which the centre of the steering control is in the forward quarter of the total length of the vehicle, including any bumpers and overriders; and

(c)
motor ambulances or motor caravans (in each case) having a maximum gross weight of not less than 1500 kg.

Paragraph 3 shall not apply to transitional provision vehicles which have been constructed from a kit which—

(a)
included a chassis, or a body; and

(b)
was sold by retail before 1st January 1998.

4
Exhaust emissions

1.  The vehicle shall not emit any avoidable smoke or avoidable visible vapour.

2.  When the engine by which it is propelled is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine shall not exceed—

(a)if the vehicle has an effective date before 1st August 1986, 4.5%; or

(b)if the vehicle has an effective date on or after 1st August 1986 and is not a vehicle to which sub-paragraph (c) or (d) below applies, 3.5%;

(c)if the vehicle is of a description mentioned in the Annex to the emissions publication and is either—

(i)a passenger car having an effective date on or after 1st August 1992; or

(ii)any other vehicle having four or more wheels and an effective date on or after 1st August 1994,

the relevant percentage; or

(d)if the vehicle is not of a description mentioned in the Annex to the emissions publication and is a passenger car having an effective date on or after 1st August 1994, 0.5%;

of the total exhaust emissions from the engine by volume.

3.  If the engine by which the vehicle is propelled is run without load at a rotational speed of 2000 revolutions per minute, the hydrocarbon content of the exhaust emission from the engine shall not exceed 0.12% if the vehicle either—

(a)has not more than three wheels; or of a vehicle of a description mentioned in

(b)is a vehicle to which paragraph 2(a) or (b) the Annex to the emissions publication, the applies;

4.  If the vehicle is one to which paragraph 2(c) or (d) applies and the engine by which it is propelled is run without load at a fast idling speed—

(a)the carbon monoxide content of the exhaust emissions from the engine shall not exceed 0.3% of the total exhaust emissions from the engine by volume;

(b)the hydrocarbon content of the exhaust emissions from the engine shall not exceed 0.02% of the total exhaust emissions from the engine by volume; and

(c)the lambda value shall be between the relevant limits.

For the purposes of this item—

“effective date” means the date of manufacture of the vehicle, except that in the case of a vehicle which for the time being meets the requirements of paragraph 3 of Schedule 1 to these Regulations, it shall mean the 1st January immediately preceding the date of manufacture of the engine by which it is propelled, if that date is earlier;

“a normal idling speed” means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and 2(c) respectively of that Annex;

“the emissions publication” is the publication entitled “In-service Exhaust Emissions Standards for Road Vehicles” (ISBN O-9526457-O-X) published by the Department of Transport;

“passenger car” means a motor vehicle which—

(a)
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b)
has no more than five seats in addition to the driver’s seat.

(c)
has a weight not exceeding 2,500 kg maximum gross; and

(d)
has four or more wheels;

“the relevant percentage” means in the case percentage shown against that description of vehicle in column 2(a) of that Annex;

“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston; and any rotary piston engine shall be deemed to be a four-stroke engine;

“a fast idling speed” means—

(a)
in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b)
in any other case, a rotational speed of between 2500 and 3000 revolutions per minute;

“the lambda value” means the ratio by mass, of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7; and

“the relevant limits” mean—

(a)
in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the minimum and maximum limits shown against that description of vehicle in columns 3(c) and 3(d) respectively of that Annex; or

(b)
in any other case, 0.97 and 1.03.

Paragraphs 2, 3 and 4 shall not apply to—

(a)
vehicles propelled otherwise than by a spark ignition engine;

(b)
vehicles having an effective date before 1st August 1975; and

(c)
vehicles having an effective date before 1st August 1987 and propelled by a rotary piston engine.

Paragraphs 3 and 4(b) shall not apply to vehicles fuelled by natural gas.

Paragraph 4(c) shall not apply to vehicles or fuelled by liquid petroleum gas or natural gas.

Paragraphs 2(a) and (b) and 3 shall not apply to vehicles propelled by a 2-stroke engine.

Paragraphs 2(c) and (d) and 4 shall not apply to transitional provision vehicles which have been constructed from a kit which—

(a)
included a chassis or a body; and

(b)
was sold by retail before 1st January 1998.

5
Smoke emissions

If the vehicle has an effective date on or after 1 August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust shall not exceed—

(a)
if the engine of the vehicle is turbo-charged, 3.0 per metre, or

(b)
in any other case, 2.5 per metre.

For the purposes of this item—

“effective date” has the same meaning as in item 4;

“free acceleration” has the same meaning as in Annex II to Directive 77/143/EEC as last amended by Directive 92/55/EEC; and .

“co-efficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Directive 72/306.

This item shall not apply to vehicles propelled otherwise than by a compression ignition engine.

6
Lamps, reflectors and devices

The construction and equipment of the vehicle shall be such that its use on a road would not constitute a contravention or a failure to comply with—

(a)
regulations 11, 12, 13, 14, 15, 16, 17 or 19 of the 1989 Regulations; or

(b)
regulation 18 of those Regulations except in so far as it requires a vehicle to be fitted with a dim-dip device or running lamp; or

(c)
regulation 18 or 20 of those Regulations except in so far that either regulation prevents any direction indicator fitted to a vehicle from bearing any mark which would be permitted if the vehicle were one described by paragraph 5(b) of Schedule 7; Part I (e.g. a solo motor bicycle).

For the purposes of this item, the 1989 Regulations shall have effect as if for every reference to the date on which a vehicle is first used there were substituted a reference to the date of manufacture of the vehicle.

For the purposes of this item—

“coefficient of luminous intensity” has the same meaning as in ECE Regulation 3.01;

“standard mark” means a mark which when applied to a lamp, reflector or device indicates compliance with the requirements of a particular instrument; and a reference to the instrument to which a standard mark relates shall be construed accordingly.

This item so far as it requires any lamp (not being a filament lamp), reflector or device to bear a particular standard mark (or one of two or more standard marks) shall not apply if it is fitted to a vehicle which either meets the requirements of paragraph 2 of Schedule 1 to these Regulations or is a transitional provision vehicle which has been constructed from a kit which—

(i)
included a body; and

(ii)
was sold by retail before 1 January 1998 and—

(a)
in the case of a lamp or device, it meets the requirements as to intensity; and

(b)
in the case of a reflector, it meets the requirements as to coefficient of luminous intensity,

of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.

This item so far as it requires compliance with regulation 14 of the 1989 Regulations (filament lamps) shall not apply to a lamp if, by virtue of the above paragraph, it could comply with this item without bearing any standard mark.

This item so far as it requires the headlamp (including a filament lamp fitted to a headlamp) fitted to a vehicle to bear a particular standard mark (or one of two or more standard marks) shall not apply to headlamps that—

(a)
are fitted to a vehicle which either meets the requirements of paragraph 2 of Schedule 1 to these Regulations or in a transitional provision vehicle which has been constructed from a kit which—

(i)
included a body; and

(ii)
was sold by retail before 1 January 1998; and

(b)
emit sufficient light to illuminate the road in front of the vehicle on both main and dipped beam.

7
Rear-view mirrors

1.  The vehicle shall be fitted with at least one offside exterior mirror which meets—

(a)if the vehicle is right hand drive or has a central driving position, the adjustment, dimension, rear view, and vibration requirements; or

(b)if the vehicle is left hand drive, the dimension, rear view, and vibration requirements.

2.  It shall also be fitted with at least one interior mirror which meets the adjustment, dimension, rear view and vibration requirements unless no interior mirror could provide any view to the rear.

3.  If no interior mirror is fitted or if no interior mirror meets the rear view requirements, a nearside exterior mirror shall be fitted which meets—

(a)if the vehicle is right hand drive or has a central driving position, the dimension, rear view, and vibration requirements; or

(b)if the vehicle is left hand drive, the adjustment, dimension, rear view, and vibration requirements.

4.  Each rear view mirror fitted to the vehicle shall either—

(a)comply with the requirements (including marking requirements) of Annex II to Directive 71/127/EEC as last amended by Directive 88/321/BEG or of Part I of ECE Regulation 46.01 for a Class I mirror in the case of an interior mirror or a Class III mirror in the case of an exterior mirror; or

(b)comply with the following requirements—

(i)the edge of the reflective surface shall be enclosed within a protective housing;

(ii)all parts of the external surface of the mirror which are contactable, in the case of an interior mirror, by a sphere of 165 mm diameter and in the case of an exterior mirror, by a sphere of 100 mm diameter, shall have a radius of curvature of not less than 2.5 mm, with the exception of fixing holes or recesses less than 12 mm wide if these are blunted;

(iii)exterior mirrors shall be capable of rotating inwards towards the vehicle when a force of 10 kg is applied horizontally at the extreme outer edge in a longitudinal plane from both the front and the rear. The axis of rotation shall lie within 50 mm of the surface at which the mirror is attached to the vehicle bodywork.

For the purposes of this item—

“extreme outer edge” has the meaning given by regulation 3(2) of the Road Vehicles Lighting Regulations 1989;

“longitudinal plane” has the meaning given in regulation 3(2) of the Construction and Use Regulations;

“transverse plane” means a vertical plane normal to a longitudinal plane;

“transverse eye plane” means the vertical plane passing through the line shown as such in the Appendix to this Schedule.

“longitudinal plane a”, “longitudinal plane b” and “longitudinal plane c” mean the vertical planes “a”, “b” and “c” in the Appendix to this Schedule;

“floor marking A”, “floor marking B” and “floor marking C” mean the lines shown as such in the Appendix to this Schedule.

“pole A”, “pole B” and “pole C” mean the vertical lines projecting upwards from the horizontal surface (floor) at the positions shown in the Appendix to this Schedule, to the height of—

(a)
in the case of pole A, the highest point of the reflecting surface of the offside exterior mirror;

(b)
in the case of pole B, the highest point of the reflecting surface of the interior mirror; and

(c)
in the case of pole C, the highest point of the reflecting surface of the nearside exterior mirror.

“The adjustment requirements”

In order to meet the adjustment requirements, an interior mirror shall be capable of being adjusted by the driver when in his driving position.

In order to meet the adjustment requirements, an exterior mirror must—

(a)
be capable of being adjusted by the driver when in his driving position, the door being closed; or

(b)
be so constructed that when knocked out of alignment it can be returned to its former position without need of adjustment.

A mirror shall be regarded as meeting the requirements of sub-paragraph (a) above whether or not—

(a)
it can meet those requirements only with the window in the driver’s door being open; or

(b)
the mirror is capable of being locked in position from the outside of the vehicle.

“The dimension requirements”

In order for an exterior mirror to meet the dimension requirements, the dimensions of the reflecting surface must be such that an orthogonal projection onto a vertical surface accommodates a vertical line with a length of 70 mm and a rectangle with vertical sides of 40 mm and horizontal sides of 70 mm.

In order for an interior mirror to meet the dimension requirements, the dimensions of the reflecting surface must be such that an orthogonal projection onto a vertical surface accommodates a rectangle with vertical sides of 40 mm and horizontal sides of 80 mm.

“The rear view requirements” (see the Appendix to this Schedule)

In order for a mirror to meet the rear view requirements, it must be such that when the vehicle is positioned such that its longitudinal axis is parallel to the longitudinal planes a, b and c, with the driver seated in his normal upright driving position such that his eyes lie in the transverse eye plane and with the mirror correctly adjusted, he shall be able to see in that mirror—.

(a)
in the case of an offside exterior mirror with the offside extreme outer edge of the vehicle positioned so that it is tangential to the longitudinal plane a, the whole of floor marking A and pole A; and

(b)
in the case of an interior mirror, with the central longitudinal axis of the vehicle positioned so that it lies on the longitudinal plane b, the whole of floor marking B and pole B; or

(c)
in the case of a nearside exterior mirror, with the offside extreme outer edge of the vehicle positioned so that it is tangential to the longitudinal plane c, the whole of floor marking C and pole C.

“The vibration requirements”

In order to comply with the vibration requirement, a mirror shall be fixed to the vehicle in such a way that under normal driving conditions, it neither moves so as to change the field of vision, nor vibrates to an extent which would cause the driver to misinterpret the nature of the image received.

The provision in column 4 of this item interpreting the dimension requirements shall have effect in relation to an exterior mirror fitted to a motor ambulance or motor caravan, as if—

(a)
for “70 mm” in the first place where it occurs, there were substituted 200 mm; and

(b)
for “70 mm” in the second place it occurs, there were substituted “109 mm”

The requirements of paragraph 2 shall not apply to motor ambulances or motor caravans (in each case) having a maximum gross weight exceeding 3500 kg.

An exterior mirror fitted to a motor ambulance or motor caravan shall be treated as complying with the requirements (including marking requirements) of Annex II to Directive 71/127/EEC as last amended by Directive 88/321/EEC or of Part I of ECE Regulation 46.01 of the instruments there mentioned for a Class II mirror

Paragraph 4(b)(iii) shall not apply—

(a)
to any mirror, no part of which is less than 2000 mm above the ground, or

(b)
to any mirror which does not protrude beyond an extreme outer edge of the vehicle, or

(c)
before 1 January 2000, to any mirror fitted to a vehicle which meets the requirements of paragraph 2 of Schedule 1 to these Regulations.

8
Anti-theft devices

1.  The vehicle shall be fitted with some form of anti-theft device, that is to say, a mechanical, electrical or electronic immobiliser or a combination of these, (in addition to any key operated switch normally used to start the engine) that prevents the vehicle being driven or moved under its own power.

2.  No anti-theft device shall operate on the braking system.

3.  If any anti-theft device is, or incorporates, any mechanical device that acts upon a system that affects the control of the vehicle (e.g. the steering control)—

(a)it shall not be possible to start the engine in the normal way until every such mechanical device has been deactivated,

(b)it shall not be possible to activate any such mechanical device while the engine is running, and

(c)the action of activating any such mechanical device shall be distinct and separate from that of stopping the engine.

This item shall not apply to vehicles specially constructed (and not merely adapted) for the use of a person suffering from some physical defect or disability.

9
Seat belts

1.  Every adult belt fitted to the vehicle, not being a harness belt or a passive belt, shall comply with the requirements of paragraph (7) of regulation 47 of Construction and Use Regulations to the extent (if any) that it would apply were the said paragraph (7) to apply to all motor vehicles.

2.  If the vehicle is fitted with one or more passive belts, every such belt shall—

(a)bear a mark as described in regulation 47(4)(c)(i) of the Construction and Use Regulations; or

(b)meet the requirements referred to in regulation 47(4)(c)(iii) of those Regulations.

3.  If the vehicle is fitted with one or more harness belts, every such belt shall—

(a)bear a mark as described in regulation 47(4)(c)(ii) of the Construction and Use Regulations; or

(b)meet the requirements referred to in regulation 47(4)(c)(iv) of those Regulations.

For the purposes of this item—

“disabled person’s belt”, “lap belt” and

“seat belt” have the same meanings as in regulation 47 of the Road Vehicles (Construction and Use) Regulations;

“adult belt” means a seat belt for an adult not being a disabled person’s belt;

“harness belt” means an adult belt which is a harness belt comprising a lap belt and shoulder straps;

“passive belt” means an adult belt comprised in a passive belt system.

This item shall not apply to an adult belt fitted to a vehicle if the belt provides a level of safety equivalent to that provided by an adult belt which complies with the requirements of this item as they would otherwise apply to the belt but disregarding paragraph 2(b) and 3(b).

10
Seat belt anchorages

1.  The vehicle shall comply with the requirements of paragraph 4.3 of Annex I to Directive 76/l 15/EEC.

2.  Without prejudice to paragraph 1, the vehicle shall be fitted with an anchorage in every position required to hold securely every adult belt or any part of an adult belt fitted to the vehicle.

3.  Every anchorage intended for an adult belt shall comply with the requirements of paragraphs 4.2, 4.4 and 4.5 of Annex I to Directive 76/l 15/EEC.

4.  The vehicle shall comply with the requirements of paragraph 5 of Annex I to Directive 76/l 15/EEC.

For the Purposes of this item—

“disabled person’s belt”, “forward-facing seat” and “seat belt” have the same meanings as in regulation 47 of the Road Vehicles (Construction and Use) Regulations;

“adult belt”, “harness belt” and “passive belt” have the same meanings as in item 9.

For the purposes of this item, Annex I to Directive 76/l 1 S/EEC Directive shall have effect as if for paragraph 4.4.1 there were substituted—

“4.4.1 Every belt anchorage shall comply with the following requirements.”

Paragraph 3 shall not apply to anchorages which are so located that, when used with an adult belt of a type for which they are intended to be used, they provide a level of safety equivalent to that provided by anchorages that meet the requirements of that paragraph when used with an adult belt of a type for which they are intended.

11
Installation of seat belts

1.  The vehicle shall be fitted with, a harness belt, a passive belt or a three point belt for the driver’s seat and the specified passenger seat (if any).

2.  If the vehicle has an effective date on or after 1st April 1987, in addition to the seat belts required by paragraph 1 above, it shall be fitted with an appropriate belt for every other forward-facing seat in the front alongside the driver’s seat, not being a specified passenger’s seat.

3.  If the vehicle has an effective date on or after 1st April 1987, in addition to the seat belts required by paragraph 1 and 2 above, it shall be fitted with a harness belt, a lap belt, a passive belt or threepoint belt for every other forward-facing seat.

4.  Every adult belt and every disabled person’s belt fitted to the vehicle shall be properly secured to anchorages provided for it and installed so that it can be used properly to restrain an occupant (e.g. in the case of a lap belt by passing over the pelvic region and in the case of a harness belt, a passive belt or a three-point belt by also restraining the upper torso and not being liable to slip off the shoulder). Also, there shall be no sharp edges liable to cause abrasion or damage to the belts in normal use. In the case of every lap belt, passive belt and three point belt, provision shall be made for their safe and convenient storage.

For the purposes of this item—

“child restraint”, “disabled person’s belt”, “forward-facing seat”, “lap belt”, “seat belt”, “specified passenger’s seat”, and “three-point belt” have the same meanings as in regulation 47 of the Road Vehicles (Construction and Use) Regulations;

“adult belt”, “harness belt” and “passive belt” have the same meanings as in item 9.

“effective date” means—

(a)
in the case of a vehicle which meets the requirements of paragraph 3 of Schedule 1 to these Regulations—

(i)
if the vehicle does not have a separate chassis, the date of manufacture of the integral chassis-body, or

(ii)
if the vehicle has a separate chassis, the date of manufacture of the body or the chassis, whichever is the earlier; or

(b)
in the case of any other vehicle, the date of manufacture of the vehicle;

“appropriate belt”, in relation to a seat in a vehicle, means—

(a)
in a case where the windscreen is located as mentioned in paragraph 3.1.7 of Annex 1 to Directive 77/541/EEC as last amended by Directive 90/628/EEC, a harness belt, a lap belt, a passive belt, or a three-point belt,; and

(b)
in any other case, a harness belt, a passive belt or a three-point belt.

The requirements of paragraphs 1, 2 and 3 shall not apply in relation to a seat fitted to a vehicle which has been specially designed and constructed, or specially adapted for the use of a person suffering from some physical defect or disability if the vehicle is fitted with a disabled person’s belt for that seat.

Paragraph 2 shall have effect in relation to motor ambulances and motor caravans as if for “1st April 1987” there were substituted “1st October 1988”.

Paragraph 3 shall have effect in relation to motor ambulances and motor caravans as if—

(a)
for “1st April 1987” there were substituted “1st April 1997”; and

(b)
there were added at the end the words “intended for use while the vehicle is travelling on a road”.

12
Brakes

1.  The vehicle shall comply with the requirements of paragraphs 2.1 and 2.2 of Annex 1 of Directive 71/320/EEC as last amended by Directive 85/647/EEC; but in the application of that Annex (as so amended) to this paragraph—

(a)the second sentence of paragraph 2.2.1.2.4 shall not have effect; and

(b)paragraph 2.2.1.4.2 shall not have effect in relation to a vehicle which is fitted with a braking device having a split-circuit transmission which enables braking of not less than one wheel on each side of the vehicle, in the event of failure in a part of the transmission of the service braking;

(c)paragraph 2.2.1.5.1 shall have effect as if for the last sentence there were substituted the words “This condition must be met by automatic means.”

2.  If the vehicle is equipped with an anti-lock device it shall comply with paragraph 2.2.1.23 of 71/320/EEC as last amended by Directive 88/194/EEC.

3.  The vehicle shall comply with the requirements of paragraphs 2.2.1.11.1 and 2.2.1.11.2 of Directive 71/320/EEC as last amended by 91/422/EEC.

4.  The secondary braking and service braking shall have the same control.

5.  The brake efficiency shall be not less than—

(a)60% for the service braking;

(b)30% for the secondary braking in the case when the servo-assistance provided for the service braking (if any) fails and a force of 50 kg is applied to the control; and

(c)18% for the parking braking.

6.  The lateral brake distribution for the service braking shall—

(a)in relation to each axle; and

(b)for all values of total braking force and vehicle speed,

be not less than 70%.

7.  The longitudinal brake distribution for the service braking shall, for all values of total braking force, vehicle speed and adjustment settings (if any), be greater than the ratio of the vertical forces transmitted to the road through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface.

8.  The capacity of the braking device to absorb and dissipate energy shall be sufficient to ensure that all the required aspects of braking performance can be maintained under all normal operating conditions of the vehicle, including long hill descents, taking account of the vehicle’s speed capability, weight and weight distribution.

For the purpose of this item—

“braking device”, “control”, “transmission”, “service braking”, “secondary braking” and “parking braking”, have the same meanings as in 71/320/EEC as last amended by Directive 85/647/EEC;

“anti-lock device”—

(a)
except in relation to a vehicle having and not more than three wheels, has the same meaning as in 71/320/EEC as last amended by Directive 88/194/EEC; and

(b)
in relation to a vehicle having not more than three wheels, has the same meaning as in Appendix 2 to the Annex of Directive 93/14/EEC;

“brake efficiency” means maximum total brake force expressed as a percentage of the maximum gross weight;

“maximum total brake force” means the total braking force when the brakes are fully applied;

“total braking force” means the total of the braking forces transmitted by the tyres to the road surface when the brakes are applied;

“servo-assistance” means an energy supply which supplements the muscular energy of the driver;

“lateral brake distribution”, in relation to an axle, means the ratio (expressed as a percentage) of the lower to the higher of the braking forces transmitted by the tyres to the road surface for two wheels, on opposite sides of the vehicle on the same axle;

“longitudinal brake distribution” means the ratio of the braking forces transmitted by the tyres to the road surface through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface;

“in running order” means—

(a)
with all fluids (such as oils and engine coolant) necessary for the vehicle to be driven, the fuel tanks full, a spare wheel and a tool-kit;

(b)
carrying a driver weighing 68 kg; but

(c)
not otherwise carrying any load or passengers.

Paragraphs 1 to 4 shall not apply to vehicles having not more three wheels, if they comply with the requirements for motor-tricycles in the following provisions of Directive 93/14/EEC—

(a)
paragraph 2.1 of the Annex;

(b)
paragraphs 2.2.4 to 2.2.8 of the Annex; and

(c)
in the case of vehicles equipped with anti-lock devices, Appendix 2 to the Annex;

In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if—

(a)
for “60%” and “30%” there were substituted “50%” and “25%” respectively, and

(b)
for “50 kg” there were substituted “40 kg”, if a manual control is used to apply the secondary braking.

13
Noise and Silencers

1.  The vehicle shall be fitted with an exhaust system including a silencer such that the exhaust gases shall not escape into the atmosphere without first passing through the silencer.

2.  When—

(a)the vehicle is held stationary on a level surface such that there is an unobstructed area not less than 3 metres wide all around the vehicle; and

(b)the engine by which the vehicle is propelled run at a constant rotational speed of 3500 revolutions per minute or 3/4 S if S is less than 4500 revolutions per minute,

the noise measured at 0.5 metres from the exhaust outlet at 45 degrees to the axis of the outlet pipe in a horizontal plane, shall not exceed 101db(A).

For the purposes of this item, “S” means the rotational speed at which maximum power is produced.
Paragraph 1 shall not apply to vehicles propelled otherwise than by an internal combustion engine.

14
Glass in windscreens and other windows outside
The windows of the vehicle shall be fitted with glazing which complies with the requirements of regulations 31 and 32 of the Construction and Use Regulations to the extent (if any) that they apply to the vehicle. However, side screens may be constructed of safety glazing.

For the purposes of this item, the Construction and Use Regulations shall have effect as if every reference to the date on which a vehicle is first used were a reference to its effective date.

For the purposes of this item—

“effective date” means—

(a)
for the purposes of regulation 32(2) and (10) of the Construction and Use Regulations, the date of manufacture of the vehicle or 31st March 1985, whichever is the earlier;

(b)
for all other purposes, the date of manufacture;

“side-screen” means an item of glazing wholly or partly on either side of the driver’s seat that does not slide or move relative to the vehicle or any of its parts (including glazing) in a manner likely to cause abrasion to any glazing surface; and

“safety glazing” has the same meaning as in regulation 32 of the Construction and Use Regulations.

The requirements of Regulation 32(2), (7) and (10) of the Construction and Use Regulations shall not apply to the glazing fitted to any window of a vehicle which meets the requirements of paragraph 2 or 3 of Schedule 1 to these Regulations if that glazing provides a level of safety equivalent to glazing which complies with the requirements set out in column 3 of this item.

15
Seats and their anchorages

1.  Every seat and seat back adjustment and displacement system provided shall incorporate a locking system which operates automatically in all positions provided for normal use and all seats, including those which can be tipped forward or have fold-down backs, shall lock automatically in their normal upright position.

2.  The unlocking controls for displacement systems which facilitate access by passengers shall be placed on the outside of the seat close to the door. They shall be easily accessible, even to the occupant of the seat immediately behind the seat concerned if such a seat is designated as suitable for an adult.

3.  Seats shall be constructed and firmly attached to the vehicle such that they and their anchorages comply with the design, construction and fitting requirements of paragraph 6.2 to Annex I of Directive 74/408/EEC.

This item does not apply to seats not intended for normal use while the vehicle is travelling on a road (including seats exempt from Directive 74/408/EEC as last amended by Directive 81/577/EEC).

Paragraph 2 shall not apply to a transitional provision vehicle constructed from a kit which-systems

(a)
included a chassis or a body; and

(b)
was sold by retail before 1 January 1998.

16
Tyres

1.  Every tyre (not being a retreaded tyre) fitted the vehicle shall bear an approval mark in accordance with the requirements of Directive 92/23/EEC or ECE Regulation 30.

2.  Every retreaded tyre fitted to the vehicle shall bear a mark in accordance with paragraph 6 of BS AU 144e-1988 or a corresponding standard and the indication given by the mark must not be false in a material particular.

3.  Each tyre fitted to the vehicle shall bear marks that were moulded on to or into the tyre at the time that it was manufactured which provide the following service

(a)nominal size;

(b)construction type (e.g. radial ply);

(c)load capacity; and

(d)speed capability. information—

4.  Each tyre fitted to the vehicle shall be of a nominal size appropriate to the wheel to which it is fitted.

5.  Tyres on the same axle shall be of the same nominal size and of the same construction type. If radial tyres are fitted to the front axle, they shall also be fitted to the rear and if bias-belted tyres are fitted to the front axle, radial or bias-belted tyres shall be fitted to the rear.

6.  Each wheel on each axle shall be equipped with a tyre which has a load capacity such that, when the axle is loaded to its maximum permitted axle weight, the weight transmitted to the road surface by that tyre does not exceed that load capacity.

7.  The speed capability of all tyres fitted shall be not less than the maximum design speed of the vehicle.

For the purposes of this item—

“BS AU 144e-1988” has the same meaning as in the Motor Vehicles Tyres (Safety) Regulations 1994(9);

“corresponding standard” shall be construed in accordance with regulation 13 of the Motor Vehicles Tyres (Safety) Regulations 1994 as it applies to BS 144e-1988; and

“relevant vehicle” means a vehicle that meets the requirements of paragraph 2 of Schedule 1 to these Regulations.

Paragraph 1 shall not apply to a tyre fitted to a relevant vehicle, if the tyre provides a level of safety equivalent to a tyre that meets the requirements of that paragraph.

Paragraph 2 shall not apply to a tyre fitted to a relevant vehicle, if the tyre provides a level of safety equivalent to that provided by a tyre that complies with the requirements of that paragraph so far as it relates to BS AU 144e-1988.

Paragraph 3 shall not apply to—

(a)
a tyre fitted to a relevant vehicle; or

(b)
a tyre fitted to a vehicle having a maximum design speed greater than 240 km/h, if the tyre is specially designed for vehicles of the type in question.

17
Interior fittings

1.  No surface (other than a surface of a window) of the vehicle interior, which can be contacted by a sphere of 165 mm diameter and which is within the specified zone, shall include any fittings (e.g. controls and instruments) or design features which have any dangerous roughness or sharp edges. instrument panel which project by more than 95mm from the surface of the panel, can be

2.  Switches and other controls mounted on the contacted by a sphere of 165 mm diameter and which are within the specified zone, shall be so constructed and mounted that they would either retract into the surface of the panel or become detached from the panel when a horizontal force of 40 kg is applied to them.

3.  The lower edge of the instrument panel shall be rounded to a radius of curvature of not less than 19mm, or if it is covered with non-rigid material, not less than 5mm.

4.  The rearward and upward-facing parts of seat frames behind which there is a designated seating position, shall be both covered with non-rigid material and have a radius of curvature of not less than 5 mm.

5.  The handbrake control in the fully released position and the gear-lever control in any forward gear position shall not have any radius of curvature of less than 3.2 mm on surfaces which can be contacted by a sphere of 165 mm diameter.

6.  Shelves and other similar items shall be so constructed that their supports have no protruding edges and that all parts facing into the vehicle present a surface not less than 25 mm high with edges rounded to a radius of curvature of not less than 3.2 mm. This surface shall also be covered with non-rigid material.

7.  On that part of the inner surface of the roof which is situated above or forward of the occupants and can be contacted by a sphere of 165 mm diameter, the width of projecting parts made of rigid material, shall not be less than the length of their projection from the surface and their edges shall have a radius of curvature of not less than 5 mm. Roof sticks or ribs made of rigid material with the exception of the header rail of the glazed surfaces and door frames, shall not project downwards by more than 19 mm.

For the purposes of this item—

“specified zone” means the zone which—

(a)
is forward of the transverse plane of the torso reference line of the manikin as defined in paragraph 2.5 and appendix 1 of Annex 3 to Directive 77/649/EEC as last amended by Directive 90/630/EEC with the manikin positioned in the rearmost designated seating position;

(b)
is above the horizontal plane passing through the point 150mm above the lowest part of the top of the front seat cushions; and

(c)
is outside the areas defined by paragraphs 2.3.1, 2.3.2 and 2.3.3 of Annex I to Directive 74/60/EEC as last amended by Directive 78/632/EEC;

“head impact zone” has the same meaning as in Directive 74/60/EEC;

“sharp edge” means an edge of rigid material having a radius of curvature of less than 2.5 mm, except in the case of projections of less than 3.2 mm from the panel. In this case, the minimum radius of curvature shall not apply provided that the height of the projection is not more than half its width and its edges are blunted;

“rigid material” means a material which has a hardness of no less than 50 shore A;

“non-rigid material” means a material which has a hardness of less than 50 shore A;

“designated seating position” means a position where there is a seat designed for normal use while the vehicle is travelling on the road.

This item shall not apply to a transitional provision vehicle constructed from a kit which—

(a)
included a chassis or a body; and

(b)
was sold by retail before 1st January 1998.

This item shall not apply to any area inside a motor caravan or a motor ambulance which is not inside the head impact zone for any designated seating position.

Paragraph 5 shall not apply to—

(a)
any floor-mounted hand-brake control if in the fully released position, no part of the control is in the specified zone; or

(b)
any hand-brake control mounted on or under the instrument panel, if in the fully released position, there is no possibility of the occupants of the vehicle contacting it in the event of a frontal impact.

Paragraph 7 shall not apply to parts covered with a non-rigid material and the hood-frames of convertible vehicles. For opening roofs, the requirements shall apply to parts, including devices for opening, closing and adjusting the roof, with the roof in the closed position.

18
External projections

1.  The vehicle shall not be fitted with any mascot, emblem or other ornamental object unless it complies with the requirements of regulation 53 of the Construction and Use Regulations.

2.  There shall be no other feature on the external surface of the vehicle likely to increase the risk or seriousness of injury to any person who could come into contact with the vehicle. Without prejudice to the generality of the foregoing, the radius of curvature of all hard parts protruding from this external surface which can be contacted by a sphere of 100 mm diameter, shall be not less than 2.5 mm.

3.  Headlamp visors and rims shall not project more than 30 mm beyond the lens surface.

4.  The ends of bumpers shall be turned inwards or recessed or integrated within the bodywork.

5.  Handles, hinges, push buttons and fuel tank filler caps shall not project more than 40 mm from the external surface unless they cannot under any circumstance project beyond the extreme outer edge of the vehicle, in which case they may project by up to 50 mm from the external surface. All handles shall be enclosed in a protective surround or be recessed, unless they cannot in any circumstances project beyond the extreme outer edge of the vehicle.

6.  The open ends of door handles which rotate parallel to the plane of the door shall be turned back towards the plane of the door. Such open ends shall be directed rearwards unless the handles cannot under any circumstances project beyond the extreme outer edge of the vehicle and at least one of the following requirements is met—

(a)the open end of the handle is shielded to the front by a protective surround, or

(b)the open end of the handle is recessed into the vehicle bodywork, or

(c)the gap measured laterally between the open end of the handle and the vehicle body is no more than 2 mm when the handle is in its normal position with the door latched.

7.  The open ends of handles which pivot outwards in any direction shall face either rearwards or downwards, unless they have an independent mechanism and cannot project more than 15 mm from the external surface should the return mechanism fail.

8.  Windows which open outwards from the external surface of the vehicle shall have no forward facing exposed edge and shall not project beyond the extreme outer edge of the vehicle.

9.  No jacking bracket shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it.

10.  No exhaust pipe shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it, unless it terminates in a rounded edge having a radius of curvature of no less than 2.5 mm.

For the purposes of this item—

“external surface” of the vehicle means the outward facing surface at any height from the floor line up to a height of 2 metres from the horizontal surface on which the vehicle is standing.

“floor line” has the same meaning as in Directive 74/483/EEC.

“hard parts” means those made of a material of hardness exceeding 60 shore A.

“vehicle body plan-form” means the area resulting from a vertical projection of the complete body onto a horizontal surface; and, for the purposes of this definition—

“complete body” means all parts of the bodywork and chassis, including any separate wheel-guards, but does not include running gear, such as wheels, axles, suspension, brakes and steering.

“extreme outer edge” has the meaning given by regulation 3(2) of the Road Vehicles Lighting Regulations 1989 modified so as to disregard the projection of handles, hinges, push buttons, fuel tank filler caps and windows.

Paragraphs 2 to 10 shall not apply to transitional provision vehicles constructed from a kit which—

(a)
included a chassis or a body, and

(b)
was sold by retail before 1st January 1988.

The second sentence of paragraph 2 shall not apply to—

(a)
parts which protrude by less than 5.0 mm but by not less than 1.5 mm, if the outward facing angles of such parts are blunted and any parts which protrude by less than 1.5 mm;

(b)
grilles such as air intakes, having gaps of not more than 40 mm but more than 25 mm, if they have radii of curvature of not less than 1 mm; and those having gaps of not more than 25 mm but more than 10 mm, if they have radii of curvature of not less than 0.5 mm; and those having gaps of not more than 10 mm, if they are blunted;

(c)
windscreen, head lamp and rear window wiper blades and supports, provided that they are blunted;

(d)
wheels, if there are no pointed or sharp features which projects beyond the external plane of the wheel rim, no wing nuts are fitted and there are no projections beyond the vehicle body plan form apart from tyres and wheel discs, if the latter have a radius of curvature of not less than 30 mm and do not project by more than 30 mm beyond the vehicle body plan form;

(e)
sheet metal edges if they are folded back by about 180 degrees;

(f)
folds in body panels; and

(g)
lateral air or rain deflectors, if their edges which are capable of being directed outwards have a radius of curvature of not less than 1 mm; and

Paragraph 8 shall not apply to windows of motor ambulances or motor caravans which are located-return

(a)
to the rear of the driver’s seat; and

(b)
in the case of a motor ambulance, in the medical working area; or

(c)
in the case of a motor caravan, in the living area.

19
Speedometers

1.  The vehicle shall be fitted with a speedometer capable of indicating speed in mph at all speeds mph. up the maximum design speed of the vehicle.

2.  For all true speeds up to the maximum design speed of the vehicle, the true speed shall not exceed the indicated speed.

3.  For all true speeds of between 25 mph and 70 mph (or the maximum design speed if lower), the difference between the indicated speed and the true speed shall not exceed—

V / 10 + 6.25mph

where

V
=
the true speed of the vehicle in mph.

This item shall not apply to vehicles having a maximum design speed of less than 2.5

20
Wiper and washer system

1.  The vehicle shall be fitted with one or more wipers which, when switched on, operate automatically to clear the windscreen of water so that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet weather.

2.  The wiper or wipers shall have at least one operating frequency at which it or they shall operate continuously at no less than 45 cycles per minute.

3.  The wiper blade or blades shall return automatically to a position of rest which shall be outside the driver’s normal field of view and shall be capable of being displaced from this position on the windscreen to allow for windscreen cleaning.

4.  The vehicle shall be fitted with a windscreen washer system capable of cleaning, in conjunction with the wiper or wipers, the area of windscreen swept by the wiper or wipers.

5.  When this system is actuated with the nozzles plugged, it shall be capable of withstanding the pressures produced.

6.  The capacity of the liquid reservoir for this system shall not be less than 1 litre.

This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions.

21
Defrosting and demisting system

1.  The vehicle shall be equipped with a system for removing frost and ice from the glazed surfaces of the windscreen. This system shall be effective enough to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in cold weather.

2.  The vehicle shall be equipped with a system for removing mist from the interior glazed surface of the windscreen. This system shall be effective enough to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet and humid weather.

This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions.

22
Fuel input
The vehicle shall be fitted with a fuel tank so constructed that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of not less than 23.6 mm without the aid of a device (such as a funnel) not fitted to the vehicle.

This item shall not apply to vehicles to which paragraph 2(c) or (d) in column 3 of item 4 (exhaust emissions) do not apply.

23
Design weights

1.  The maximum gross weight of the vehicle shall be no less than the sum of the kerbside weight, and—

(a)in the case of a vehicle other than a motor ambulance or motor caravan, 75 kg for each seat

(b)in the case of a motor ambulance or a motor caravan, 85 kg for each seat and 10 kg for each metre of the total length of the vehicle.

2.  For all vehicles—

(a)the sum of the maximum permitted axle weights must not be less than the maximum gross weight of the vehicle;

(b)when the vehicle is loaded to its maximum gross weight by placing a weight of 68 kg in each seat and by distributing the remaining weight evenly in the areas designed to accommodate luggage (all in accordance with paragraph 2 of the Appendix to Directive 92/21/EEC as last amended by Directive 95/480X), the axle weight of each axle shall not exceed the maximum permitted axle weight; and

(c)when the vehicle is loaded to its maximum gross weight and, at the same time, its rear axle is loaded to its maximum permitted axle weight, the front axle weight shall not be less than 30% of the maximum gross weight.

For the purposes of this item—

“seat” means any seat, including the driver’s seat, designed for use while the vehicle is travelling on the road.

24
General vehicle construction

1.  All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in this Schedule, shall be such that no danger is caused or likely to be caused to any person in the vehicle or on a road.

2.  In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight—

(a)it shall be possible to control the vehicle safely, taking account of the vehicle’s speed and acceleration capabilities;

(b)it shall at all times be possible for the driver, while controlling the vehicle, to have a full view of the road and traffic ahead of the vehicle;

(c)the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts shall be sufficient to ensure no risk of fouling and the wheels and wheel-fixings shall be compatible;

(d)the vehicle structure (chassis or integral chassis-body), shall be so designed and constructed as to withstand the forces and vibration to which it is likely to be subject;

(e)all entries and exits provided for the vehicle occupants (other than doors) shall be so designed as to allow easy and safe use;

(f)ail aperture covers (other than doors) including tail gates, boot and bonnet lids, shall be capable of being securely latched in the fully closed position;

(g)the steering, suspension, axles and wheels shall be so designed, constructed and fitted as to withstand the forces and vibration to which they are likely to be subject;

(h)the fuel system, including the fuel tank, shall be so designed, constructed and fitted as to withstand the forces, vibration and corrosive environment to which it is likely to be subject; it shall also be so fitted as to avoid the risk of damage, such as abrasion, due to fouling of other parts and to minimise the risk of fire in the event of any leakage of fuel; the fuel tank shall comply with regulation 39 of the Construction and Use Regulations, except that it need not be made of metal;

(i)the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion. All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.

APPENDIX TO SCHEDULE 2 (Item 7, Rear-view Mirrors)

Regulation 6

SCHEDULE 3APPROVAL REQUIREMENTS FOR RELEVANT GOODS VEHICLES

1
2
3
4
5

Item
Subject matter
Requirement
Definitions and supplementary provisions
Exemptions and modifications

1
Exhaust emissions

1.  The vehicle shall not emit any avoidable smoke or avoidable visible vapour.

2.  When the engine by which it is propelled is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine shall not exceed—

(a)if the vehicle has an effective date before 1st August 1986, 4.5%; or

(b)if the vehicle has an effective date on or after 1st August 1986 and not being a vehicle to which sub-paragraph (c) below applies, 3.5%; or

(c)if the vehicle is of a description mentioned in the Annex to the emissions publication, has four or more wheels and an effective date on or after 1st August 1994, the relevant percentage;

of the total exhaust emissions from the engine by volume.

3.  If the engine by which the vehicle is propelled is run without load at a rotational speed of 2000 revolutions per minute, the hydrocarbon content of the exhaust emission from the engine shall not exceed 0.12% if the vehicle either—

(a)has not more than three wheels; or

(b)is a vehicle to which paragraph 2(a) or (b) applies.

4.  If the vehicle is one to which paragraph 2(c) applies and the engine by which it is propelled is run without load at a fast idling speed—

(a)the carbon monoxide content of the exhaust emissions from the engine shall not exceed 0.3% of the total exhaust emissions from the engine by volume;

(b)the hydrocarbon content of the exhaust emissions from the engine shall not exceed 0.02% of the total exhaust emissions from the engine by volume; and

(c)the lambda value shall be between the relevant limits.

For the purposes of this item—

“effective date” means the date of manufacture of the vehicle, except that in the case of a vehicle which for the time being meets the requirements of paragraph 3 of Schedule 1 to these Regulations, it shall mean the 1st of January immediately preceding the date of manufacture of the engine by which it is propelled, if that date is earlier;

“a normal idling speed” means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and 2(c) respectively of that Annex;

“the emissions publication” is the publication entitled “In-service Exhaust Emissions Standards for Road Vehicles” (ISBN O-9526457-O-X) published by the Department of Transport;

“the relevant percentage” means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 2(a) of that Annex;

“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston; and any rotary piston engine shall be deemed to be a four-stroke engine;

“a fast idling speed” means—

(a)
in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b)
in any other case, a rotational speed of between 2500 and 3000 revolutions per minute;

“the lambda value” means the ratio by mass, of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7; and

“the relevant limits” mean in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the minimum and maximum limits shown against that description of vehicle in columns 3(c) and 3(d) respectively of that Annex.

Paragraphs 2, 3 and 4 shall not apply to—

(a)
vehicles propelled otherwise than by a spark ignition engine;

(b)
vehicles having an effective date before 1st August 1975; and “effective date” means the date of

(c)
vehicles having an effective date before 1st August 1987 and propelled by a rotary piston engine.

Paragraphs 3 and 4(b) shall not apply to vehicles fuelled by natural gas.

Paragraph 4(c) shall not apply to vehicles fuelled by liquid petroleum gas or natural gas.

Paragraphs 2(a) and (b) and 3 shall not apply to vehicles propelled by a 2-stroke engine.

Paragraphs 2(c) and 4 shall not apply to transitional provision vehicles which have been constructed from a kit which—

(a)
included a chassis or a body; and

(b)
was sold by retail before 1st January 1998.

2
Smoke emissions

If the vehicle has an effective date on or after 1st August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust shall not exceed—

(a)
if the engine of the vehicle is turbo-charged, 3.0 per metre, or

(b)
in any other case, 2.5 per metre.

For the purposes of this item—

“effective date” has the same meaning as in item 1;

“free acceleration” has the same meaning as in Annex II to Directive 77/143/EEC as last amended by Directive 92/55/EEC; and

“co-efficient of absorption” shall be construed in accordance with paragraph 3.5 of Annex VII to Directive 72/306.

This item shall not apply to vehicles propelled otherwise than by a compression ignition engine.

3
Noise and silencers

1.  The vehicle shall be fitted with an exhaust system including a silencer such that the exhaust gases shall not escape into the atmosphere without first passing through the silencer.

2.  When—

(a)the vehicle is held stationary on a level surface such that there is an unobstructed area not less than 3 metres wide all around the vehicle; and

(b)the engine by which the vehicle is propelled run at a constant rotational speed of 3500 revolutions per minute or 3/4 S if S is less than 4500 revolutions per minute, the noise measured at 0.5 metres from the exhaust outlet at 45 degrees to the axis of the outlet pipe in a horizontal plane, shall not exceed 101db(A).

For the purposes of this item, “S” means the rotational speed at which maximum power is produced;
Paragraph 1 shall not apply to vehicles propelled otherwise than by an internal combustion engine.

4
Radio-interference suppression

1.  The vehicle shall comply with the design, construction and fitting requirements of paragraph 6.1 of Annex 1 to Directive 72/245/EEC as last amended by Directive 89/491/EEC, or of paragraph 6.1 of ECE Regulation 10.01.

2.  The suppression equipment components shall comply with the marking requirements of paragraph 4 of Annex 1 to Directive 72/245/EEC as last amended by Directive 89/491/EEC, or of paragraph 4 of ECE Regulation 10.01.

This item shall not apply to vehicles propelled otherwise than by a spark ignition engine.

Paragraph 2 shall not apply to suppression equipment fitted to vehicles which meet the requirements of either paragraph 2 or paragraph 3 of Schedule 1 to these Regulations.

5
Brakes

1.  The vehicle shall comply with the requirements of paragraph 2.1 and 2.2 of Annex 1 of Directive 71/320/EEC as last amended by Directive 85/647/EC; but in the application of that Annex (as so amended) to this paragraph—

(a)the second sentence of paragraph 2.2.1.2.4 shall not have effect; and

(b)paragraph 2.2.1.4.2 shall not have effect in relation to a vehicle which is fitted with a braking device having a split-circuit transmission which enables braking of not less than one wheel on each side of the vehicle, in the event of failure in a part of the transmission of the service braking;

(c)paragraph 2.2.1.5.1 shall have effect as if for the last sentence there were substituted the words “This condition must be met by automatic means”.

2.  If the vehicle is equipped with an anti-lock device it shall comply with paragraph 2.2.1.23 of 71/320/EEC as last amended by Directive 88/194/EEC.

3.  The vehicle shall comply with the requirements of paragraphs 2.2.1.11.1 and 2.2.1.11.2 of Directive 71/320/EEC as last amended by 91/422/EEC.

4.  The secondary braking and service braking shall have the same control.

5.  The brake efficiency shall be not less than—

(a)50% for the service braking;

(b)25% for the secondary braking in the case when the servo-assistance provided for the service braking (if any) fails and a force of 70 kg is applied to the control;

(c)18% for the parking braking.

6.  The lateral brake distribution for the service braking shall—

(a)in relation to each axle; and

(b)for all values of total braking force and vehicle speed,

be not less than 70%.

7.  The longitudinal brake distribution for the service braking shall, for all values of total braking force, vehicle speed and adjustment settings (if any), be greater than the ratio of the vertical forces transmitted to the road through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface.

8.  The capacity of the braking device to absorb and dissipate energy shall be sufficient to ensure that all the required aspects of braking performance can be maintained under all normal operating conditions of the vehicle, including long hill descents, taking account of the vehicle’s speed capability, weight and weight distribution.

For the purpose of this item—

“braking device”, “control”, “transmission”, “service braking”, “secondary braking” and “parking braking”, have the same meaning as in 71/320/EEC as last amended by Directive 85/647/EEC;

“anti-lock device”—

(a)
except in relation to a vehicle having not more than three wheels, has the same meaning as in 71/320/EEC as last amended by Directive 88/194/EEC; and

(b)
in relation to a vehicle having not more than three wheels, has the same meaning as in Appendix 2 to the Annex of Directive 93/14/EEC;

“brake efficiency” means maximum total brake force expressed as a percentage of the maximum gross weight;

“maximum total brake force” means the total braking force when the brakes are fully applied;

“total braking force” means the total of the braking forces transmitted by the tyres to the road surface when the brakes are applied;

“servo-assistance” means an energy supply which supplements the muscular energy of the driver;

“lateral brake distribution”, in relation to an axle, means the ratio (expressed as a percentage) of the lower to the higher of the braking forces transmitted by the tyres and to the road surface for two wheels, on opposite sides of the vehicle on the same axle;

“longitudinal brake distribution” means the ratio of the braking forces transmitted by the tyres to the road surface through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface;

“in running order” means—

(a)
with all fluids (such as oils and engine coolant) necessary for the vehicle to be driven, the fuel tanks full, a spare wheel and a tool-kit;

(b)
carrying a driver weighing 68 kg; but

(c)
not otherwise carrying any load or passengers.

Paragraphs 1 to 4 shall not apply to vehicles having not more than three wheels, if they comply with the requirements for motor-tricycles in the following provisions of Directive 93/14/EEC—

(a)
paragraph 2.1 of the Annex;

(b)
paragraphs 2.2.4 to 2.2.8 of the Annex; and

(c)
in the case of vehicles equipped with anti-lock devices, Appendix 2 to the Annex.

In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if for “70 kg” there were substituted “40 kg”, if a manual control is used to apply the secondary braking.

6
Fuel input
The vehicle shall be fitted with a fuel tank so constructed that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of not less than 23.6 mm without the aid of a device (such as a funnel) not fitted to the vehicle.

This item shall not apply to vehicles to which paragraph 2(c) in column 3 of item 1 (exhaust emissions) does not apply.

7
General vehicle construction

1.  All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in this Schedule, shall be such that no danger is caused or likely to be caused to any person in the vehicle or on a road.

2.  In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight—

(a)it shall be possible to control the vehicle safely, taking account of the vehicle’s speed and acceleration capabilities;

(b)it shall at all times be possible for the driver, while controlling the vehicle, to have a full view of the road and traffic ahead of the vehicle;

(c)the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts shall be sufficient to ensure no risk of fouling and the wheels and wheel-fixings shall be compatible;

(c)the vehicle structure (chassis or integral chassis-body), shall be so designed and constructed as to withstand the forces and vibration to which it is likely to be subject;

(d)all entries and exits provided for the vehicle occupants (other than doors) shall be so designed as to allow easy and safe use.

(e)all aperture covers (other than doors), including tail gates, boot and bonnet lids, shall be capable of being securely latched in the fully closed position;

(f)the steering, suspension, axles and wheels shall be so designed, constructed and fitted as to withstand the forces and vibration to which they are likely to be subject;

(g)the fuel system, including the fuel tank, shall be so designed, constructed and fitted as to withstand the forces, vibration and corrosive environment to which it is likely to be subject. It shall also be so fitted as to avoid the risk of damage, such as abrasion, due to fouling of other parts and to minimise the risk of fire in the event of any leakage of fuel. The fuel tank shall comply with regulation 39 of the Construction and Use Regulations, except that it need not be made of metal.

(h)the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion. All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.

Regulation 12
SCHEDULE 4

FORM OF MINISTER'S APPROVAL CERTIFICATE

Regulation 2(3)

SCHEDULE 5COMMUNITY INSTRUMENTS AND ECE REGULATIONS

PART IReferences to Community Instruments

1.—(1) The Directives referred to in these Regulations are set out in Part II of this Schedule; those marked with an asterisk are Commission Directives and the other Directives are Council Directives.

(2) A reference in these Regulations to a Directive shown in column 2 of Part II of this Schedule as last amended by a Directive shown in column 3 against that Directive (for example, “Directive 76/l 1/EEC as last amended by Directive 90/629/EEC”) shall be read as follows.

(3) The reference shall be read as a reference to the Directive shown in column 2 as amended by the Directives shown in column 3 against that Directive down as far as (and including) the Directive referred to as the last amending Directive.

2.—(1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

(a)that item contains a reference to a Directive (“the base Directive”) not followed by the words “as last amended by”; and

(b)the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown against the base Directive in column 3 of Part II of this Schedule.

(2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

(a)that item contains a reference to a Directive (“the base Directive”) as last amended by another Directive (“the amending Directive”); and;

(b)the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown—

(i)against the base Directive, and

(ii)below the amending Directive in column 3 of Part II of this Schedule.

References to ECE Regulations

3.—(1) A reference in these Regulations to an ECE Regulation followed by a number which is not itself followed by a full-stop and 2 digits (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which came into force on the date shown against that number in column (4) of Part III of this Schedule.

(2) A reference in these Regulations to an ECE Regulation followed by a number which is itself followed by a full-stop and 2 digits (for example “ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of that number with the amendments in force on the date shown against the number in column (4) of Part III of this Schedule.

4.—(1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

(a)that item contains a reference to an ECE Regulation (“the base Regulation”) that is not followed by a full-stop and 2 digits; and

(b)the vehicle would comply with that item were there substituted for that reference, a reference to an entry in column (3) of Part III of this Schedule shown against that Regulation.

(2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3 of these Regulations, it shall nevertheless be regarded as complying with that item if—

(a)that item contains a reference to an ECE Regulation (“the base Regulation”) that is followed by a full-stop and 2 digits; and

(b)the vehicle would comply with that item were there substituted for that reference, a reference

(i)against that Regulation, and

(ii)below the entry in column (3) of Part III of this Schedule for that ECE Regulation and those 2 digits.

5.  In these Regulations, “ECE Regulation” means a Regulation 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(10) as amended(11) to which the United Kingdom is a party(12).

PART IIREFERENCES TO COMMUNITY DIRECTIVES

(1)
(2)
(3)
(4)

Subject matter of Directive
Principal Directive
Amending Directive
Official Journal reference

Radio interference suppression
72/245/EEC
89/491/EEC*

L152, 6.7.72, p. 15

L238, 15.8.89, p. 43

Protective steering
74/297/EEC
91/662/EEC*

L165, 20.6.74, p. 16

L366, 31.12.91, p. 1

Diesel smoke
72/306/EEC

L190, 20.8.72, p. 1

Roadworthiness
77/143/EEC

88/449/EEC

91/225/EEC

91/328/EEC

92/55/EEC

L47, 18.2.77, p. 47

L222, 12.8.88, p. 10

L103, 24.4.91, p. 3

L178, 6.7.91, p. 29

L225, 10.8.92, p. 68

Rear view mirrors
71/127/EEC

79/795/EEC*

85/205/EEC*

86/562/EEC*

88/321/EEC*

L68, 22.3.71, p. 1

L239, 22.9.79, p. 1

L90, 29.3.85, p. 1

L327, 02.11.86, p. 49

L147, 14.6.88, p. 77

Seat belt anchorages
76/115/EEC

81/575/EEC

82/318/EEC*

90/629/EEC*

L24, 30.1.76, p. 6

L209, 29.7.81, p. 30

L139, 19.5.82, p. 9

L341, 6.12.90, p.14

Seat belt
77/541/EEC

81/576/EEC

82/319/EEC*

90/628/EEC*

L220, 29.8.77, p. 95

L209, 29.7.81, p. 32

L139, 19.5.82, p. 17

L341, 6.12.90, p. 1

Braking
71/320/EEC

74/132/EEC*

75/524/EEC*

79/489/EEC*

88/194/EEC*

91/422/EEC*

L202, 6.9.71, p. 37

L74, 19.3.74, p. 7

L236, 8.9.75, p. 3

L128, 26.5.79, p. 12

L92, 9.4.88, p. 47

L233, 22.9.91, p. 21

Braking of 2/3 wheeled vehicles
93/14/EEC

L121, 15.5.93, p. 1

Seat strength
74/408/EEC
81/577/EEC

L221, 12.8.74, p. 1

L209, 29.7.81, p. 34

Tyres
92/23/EEC

L129, 14.5.92, p. 95

Interior fittings
74/60/EEC
78/632/EEC*

L38, 11.2.74, p. 2

L206, 29.7.78, p. 26

Forward vision
77/649/EEC

81/643/EEC*

88/366/EEC*

90/630/EEC*

L267, 19.10.77, p. 1

L231, 15.8.81, p. 41

L181, 12.7.88, p. 40

L341, 6.12.90, p. 20

External projections
74/483/EEC
79/488/EEC*

L266, 2.10.74, p. 4

L128, 26.5.79, p. 1

Masses and dimensions
92/21/EEC
95/48/EC*

L129, 14.5.92, p. 1

L233, 30.9.95, p. 73

PART IIIREFERENCES TO ECE REGULATIONS

(1)
(2)
(3)
(4)

Subject matter of Regulation
ECE Regulation
Amending Series
Date

Radio interference suppression
10
10.01

17 Dec '68

23 June '78

Rear reflectors
3

3.01

3.02

18 Aug '82

11 July '85

Rear view mirrors
46
46.01

29 Sept '81

5 Oct '87

Tyres
30

30.01

30.02

1 April '75

10 Oct '77

21 April '81

Regulation 2(1)

SCHEDULE 6MEANING OF TRANSITIONAL PROVISION VEHICLE

1.  In these Regulations, a vehicle is a “transitional provision vehicle” if—

(a)it meets the requirements of paragraph 3 of Schedule 1 to these Regulations;

(b)an application in respect of the vehicle has been made under regulation 7 for a Minister’s approval certificate under section 58(1) of the 1988 Act before the 1st January 2000; and

(c)one of the following requirements is for the time being satisfied with respect to it.

2.  Those requirements are that—

(a)the application has either not been finally disposed of or has been granted (whether on appeal or otherwise);

(b)the application has been refused, the period of three months beginning with the date of the refusal has not expired and no further application has been made by the same applicant in respect of the vehicle;

(c)the application has been refused, a further application under regulation 7 has been made by the same applicant in respect of the vehicle within the period of three months beginning with the date of the refusal and that further application has either not been finally disposed of or has been granted (whether on appeal or otherwise).

3.  For the purposes of this Schedule—

(a)a reference to an application being finally disposed of is a reference to the earliest date by which the time limit for appealing has expired and any appeal brought within that time has been determined, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment; and

(b)a reference to an appeal is a reference to an appeal under section 60 of the 1988 Act.

Explanatory Note

(This note is not part of the Regulations)
These Regulations establish a statutory system for approving the construction of single vehicles before they enter into service. The Regulations apply to passenger cars, dual-purpose vehicles and light goods vehicles which are amateur-built or personally imported or which enter into service in Great Britain in very low numbers. The Regulations also apply to motor ambulances and motor caravans, but approval is optional for these and for some other vehicles.
Part II of the Regulations applies to “relevant passenger vehicles” as defined by regulation 3 and Schedule 1. Regulation 4 and Schedule 2 prescribe the approval requirements which such vehicles must meet in order that they may be issued with a Minister’s approval certificate under section 58 of the Road Traffic Act 1988.
Part III applies to “relevant goods vehicles” as defined by regulation 5 and Schedule 1. Regulation 6 and Schedule 3 define the approval requirements which must be met by these vehicles in order to be the subject of a Minister’s approval certificate.
Regulation 7 relates to applications to the Secretary of State for a Minister’s approval certificate and regulation 8 provides for the assignment of vehicle identification numbers to vehicles which do not have a number which meets the requirements in regulation 8(1).
Regulation 9 specifies criteria for determining design weights. The procedure for appeals under section 60 by persons aggrieved by a determination made on behalf of the Secretary of State under an application under regulation 7 is governed by regulation 10. Provision is made in regulation 11 for an application or appeal to be refused without an examination of the vehicle to which the application relates in the circumstances specified in regulation 1 l(3).
The form of a Minister’s approval certificate is prescribed by regulation 12 and Schedule 4. Regulation 13 requires notices under the Regulations to be given in writing and provides that they may be given by post.
Regulation 14 appoints 1st July 1997 (the coming into force date of the Regulations) as the date appointed for the purposes of section 63(1) of the Road Traffic Act 1988, on or after which it is an offence to use a vehicle of a relevant class without the appropriate certificates in force under sections 54 to 58 of that Act. Certificates are obligatory for all relevant goods vehicles and relevant passenger vehicles, except those specified in regulation 14(2). Regulation 15 further provides that licence under the Vehicle Excise and Registration Act 1994 is not to be granted in respect of a vehicle to which regulation 14 applies unless, in the first application after the appointed day, there is produced evidence that a certificate (or certificates) is in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.
Schedule 6 defines the expression “transitional provision vehicle” as used in the Regulations.
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 23 March 1994 (OJ 1994 L100, p. 30).


(1)
1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), Schedule 8 and section 63 was amended by S.I. 1992/3107. Section 66 was amended by the Vehicle Excise and Registration Act 1994 (c. 22), Schedule 3, paragraph 24(4) and by S.I. 1992/3107.

(2)
S.I. 1982/1271; relevant amending instruments are S.I. 1987/1508, 1988/1523, 1989/1579, 1991/1021, 1992125, 1342 and 3084, 199312200, 199511323.

(3)
S.I. 1984/981; relevant amending instruments are S.I. 1984/1761, 1987/1509, 1988/1522, 1989/1580, 1991/1022, 1992/1341, 2161 and 2908, 1993/2201, 1995/1322.

(4)
S.I. 1989/1796; relevant amending instrument is S.I. 1994/2280.

(5)
S.I. 1986/1078; relevant amending instruments are S.I. 1987/676 and 1333, 1988/1178, 1989/1478, 1990/2212, 1992/2016, 3088 and 3285, 1994/3270.

(6)
1978 c. 30.

(7)
Section 47 was amended by the Finance Act 1994 (c. 9), Schedule 2, paragraph 25 and by the Vehicle Excise and Registration Act 1994 (c. 22), Schedule 3, paragraph 24(2).

(8)
1973 c. 41. Section 137(5) was amended by the Resale Prices Act 1976 (c. 53), Schedule 3 and by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), Schedule 2.

(9)
S.I. 1994/3117

(10)
Cmnd 2535.

(11)
Cmnd 3562.

(12)
By an instrument of accession dated the 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.
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