Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

Type Ni-Statutory-Rule

Publication 1999-11-16

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(1)	(2)	(3)
Item	Class of vehicle	Vehicle Category in the Community Directive
1.	Passenger vehicles and dual-purpose vehicles which have 3 or more wheels except— dual-purpose vehicles constructed or adapted to carry not more than 2 passengers exclusive of the driver; motor cycles with sidecar attached; vehicles with 3 wheels, an unladen weight not exceeding 410 kg, a maximum design speed not exceeding 50 km/h and an engine capacity not exceeding 50 cc; buses.	M1
2.	Buses having a maximum gross weight which does not exceed 5,000 kg.	M2
3.	Buses having a maximum gross weight which exceeds 5,000 kg.	M3
4.	Dual purpose vehicles not within item 1; and goods vehicles, having a maximum gross weight which does not exceed 3,500 kg, and not being motor cycles with a sidecar attached.	N1
	Goods vehicles with a maximum gross weight which—
5.	exceeds 3,500 kg but does not exceed 12,000 kg.	N2
6.	exceeds 12,000 kg.	N3
	Trailers with a maximum total design axle weight which —
7.	does not exceed 750 kg.	O1
8.	exceeds 750 kg but does not exceed 3,500 kg.	O2
9.	exceeds 3,500 kg but does not exceed 10,000 kg.	O3
10.	exceeds 10,000 kg.	O4

(6) The requirements specified in paragraphs (1), (2), (4) and (5) do not apply to—

(a) an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b) a locomotive;

(d) an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e) a vehicle which has a maximum speed not exceeding 25 km/h;

(f) a works trailer;

(g) a works truck;

(h) a public works vehicle;

(i) a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub-paragraph (b), (c), (e), (g) or (h) applies;

(j) a trailer falling within regulation 21(3)(b), (d), (e), (f), (g), (h) or (i);

(k) a trailer which is manufactured before 1st January 2000 and has a maximum total design axle weight that does not exceed 750 kg; or

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

(7) The requirements specified in paragraphs (1), (2), (4) and (5) shall apply to the classes of vehicles specified in the Table so that—

(a) in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647 and 88/194 or 91/422 shall apply to every vehicle specified in that item other than—

(i) a double-decked vehicle first used before 1st October 1983; or

(ii) a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647 or 88/194.

(b) in items 2 and 3—

(i) the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194 or 91/422 shall not apply in relation to any vehicle first used before 1st January 2001;

(ii) those requirements shall not apply in relation to any relevant bus first used on or after that date; and

(iii) sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194, or 91/422 shall not apply in relation to any vehicle,

and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;

(c) in items 1 to 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirements in paragraph 2.1.2.1 of Annex I to Community Directive 79/489 that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while continuing to steer the vehicle one of his hands remains on the steering control; and

(d) in items 1 and 4 to 10 the requirement specified in paragraph 1. 1.4.2 of Annex II to Community Directive 79/489 shall not apply to a vehicle first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (3) if following a test in respect of which the fee numbered 26024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations (Northern Ireland) 1990[^f00041], or the corresponding fee prescribed under any corresponding previous enactment is payable a document is issued by the Department indicating that, at the date of manufacture of the vehicle, the type to which it belonged complied with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(8) The requirements specified in paragraph (2) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X toCommunity Directive 85/647.

(9) No motor vehicle to which paragraph (5) applies and which is first used on or after 1st January 2001 shall be fitted with an integrated retarder unless either—

(a) the motor vehicle is fitted with an anti-lock device which acts on the retarder and which complies with the requirements specified in Annex X of Community Directive 91/422; or

(b) the retarder is fitted with a cut-out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat;

and expressions (other than the word “vehicle”) used in this paragraph which are also used in Annex I to Community Directive 85/647 shall, for the purposes of this paragraph, have the same meanings as in that Annex save that “integrated retarder” and “retarder” shall not in any circumstances include a regenerative braking system.

(10) Instead of complying with paragraph (1), a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04 or 13.05.

(11) Instead of complying with paragraph (2), a vehicle to which this regulation applies may comply with ECE Regulation 13.05 or 13.06.

(12) Instead of complying with paragraph (4) or (5), a vehicle to which this regulation applies may comply—

(a) in the case of a trailer manufactured before 1st April 1992, with ECE Regulation 13.05 or 13.06; or

(b) in the case of any vehicle not falling within sub-paragraph (a), with ECE Regulation 13.06.

(13) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, 88/194 or 91/422, the definitions of “semi-trailer” “full trailer” and “centre-axle trailer” set out in that Directive shall apply and the meaning of “semi-trailer” in regulation 2(1) shall not apply.

Braking systems of vehicles to which regulation 20 does not apply

21

(1) Subject to paragraphs (2) and (3), this regulation applies to vehicles to which regulation 20 does not apply.

(2) This regulation does not apply to a vehicle which complies with the requirements of regulation 20 by virtue of the provision to regulation 20(l), (2), (4) or (5), or which complies with Community Directive 79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(3) This regulation does not apply to the following vehicles, except in the case of a vehicle referred to in (a) insofar as the regulation concerns parking brakes (requirements 16 to 18 in the Table in Schedule 2)—

(a) a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

(b) a trailer which is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment;

(d) a trailer which—

(i) is an agricultural trailer manufactured before 1st July 1947;

(ii) is being drawn by a motor tractor or an agricultural motor vehicle at a speed not exceeding 10 mph;

(iii) has a laden weight not exceeding 4070 kg; and

(iv) is the only trailer being drawn;

(e) a trailer which is being drawn by a motor cycle in accordance with regulation 82;

(f) an agricultural trailed appliance;

(g) an agricultural trailed appliance conveyor;

(h) a broken down vehicle;

(i) a gritting trailer with a maximum gross weight not exceeding 2,000 kg.

(4) Subject to paragraph (7), a vehicle of a class specified in an item in column 2 of the Table shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in the Table in Schedule 2.

(1)	(2)	(3)	(4)
Item	Class of vehicle	Requirements in the Table in Schedule 2	Exemptions or modifications
	Motor cars
1.	First used before 1st January 1915	3, 6, 7, 13, 16	Requirements 13 and 16 do not apply to a motor car with less than 4 wheels.
2.	First used on or after 1st January 1915 but before 1st April 1938	1, 4, 6, 7, 9, 16	A works truck within items 1 to 11 is not subject to requirements 1, 2, 3 or 4 if it is equipped with one braking system with one means of operation.
3.	First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before lst January 1968	1, 4, 6, 7, 8, 9, 16
4.	Wheeled vehicles first used on or after lst January 1968	1, 4, 6, 7, 8, 9, 15, 18
	Heavy motor cars
5.	First used before 15th August 1928.	1, 6, 16
6.	First used on or after 15th August 1928 but before 1st April 1938.	1, 4, 6, 7, 8, 16
7.	First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before lst January 1968.	1, 4, 6, 7, 8, 9,16
8.	Wheeled vehicles first used on or after 1st January 1968	1, 4, 6, 7, 8, 9, 15, 18
	Motor cycles
9.	First used before 1st January 1927	3, and, in the case of three-wheeled vehicles, 16
10.	First used on or after 1st January 1927 but before 1st January 1968	2, 7, and, in the case of three-wheeled vehicles, 16
11.	First used on or after 1st January 1968 and not being a motor cycle to which paragraph (5) applies	2, 7, and, in the case of three-wheeled vehicles, 18
	Locomotives
12.	Wheeled vehicles first used before 1st June 1955	3, 6, 12, 16
13.	Wheeled vehicles first used on or after1st June 1955 but before 1st January 1968	3, 4, 6, 7, 8, 9, 18
14.	Wheeled vehicles first used on or after 1st January 1968	3, 4, 6, 7, 8, 9, 18
15.	Track-laying vehicles	3, 6, 16
	Motor tractors
16.	Wheeled vehicles first used before 14th January 1931 and track-laying vehicles first used before 1st April 1938	3, 4, 6, 7, 16	Industrial tractors within items 16 to 19 are subject to requirement 5 instead of requirement 4.
17.	Wheeled vehicles first used on or after 14th January 1931 but before 1st April 1938	3, 4, 6, 7, 9, 16
18.	Wheeled vehicles first used on or after 1st April 1938 but before 1st January 1968	3, 4, 6, 7, 8, 9, 16
19.	Wheeled vehicles first used on or after lst January 1968	3, 4, 6, 7, 8, 9, 18
20.	Track-laying vehicles first used on or after lst April 1938	3, 4, 6, 7, 8, 16
	Wheeled agricultural motor vehicles not driven at more than 20 mph
21.	First used before 1st January 1968	3, 4, 6, 7, 8, 16
22.	First used on or after 1st January 1968 but before 9th February 1980	3, 4, 6, 7, 8, 18
23.	First used on or after 9th February 1980	3, 5, 6, 7, 8, 18
	Invalid carriages
24.	Whenever first used	3, 13
	Trailers
25.	Manufactured before 1st April 1938	3, 10, 14, 17
26.	Manufactured on or after 1st April 1938 and being either a track-laying vehicle, an agricultural trailer or a vehicle manufac-tured before 1st January 1968	3, 8, 10, 14, 17	Agricultural trailers are not subject to requirement 8.
27.	Wheeled vehicles manufactured on or after 1st January1968, not being an agricultural trailer	3, 4, 8, 11, 15, 18	Trailers equipped with brakes which come into operation on the overrun of the vehicle are not subject to requirement 15.

Provided that wheeled agricultural motor vehicles not driven at more than 20 mph are excluded from all items other than items 21 to 23.

(5) Subject to paragraphs (6) and (7), the braking system of a motor cycle to which this regulation applies which is—

(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 1st April 1987 and before 22nd May 1995;

shall comply with ECE Regulations 13.05, 78 or 78.01 or Community Directive 93/14 in relation to the category of vehicles specified in that item in column 3.

(6) Subject to paragraph (7), the braking system of a motor cycle to which this regulation applies and which is—

(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 22nd May 1995;

shall comply with ECE Regulation 78.01 or Community Directive 93/14 in relation to the category of vehicles specified in that item in column 3.

(1)	(2)	(3)
Item	Class of vehicle	Vehicle Category in ECE Regulations or Community Directive93/14
1.	Vehicles (without a sidecar attached) with 2 wheels, an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.	L1
2.	Vehicles with 3 wheels (including two-wheeled vehicles with a sidecar attached) and with an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.	L2
3.	Vehicles with 2 wheels (without a sidecar attached) and with— an engine capacity exceeding 50 cc, or a maximum design speed exceeding 50 km/h.	L3
4.	Vehicles with 2 wheels, a sidecar attached and— an engine capacity exceeding 50 cc, or a maximum design speed exceeding 50 km/h.	L4

(7) In relation to a motor cycle with two wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L 125, the Cosa LX 125, the Cosa 200, the Cosa 200E, the Cosa L 200 or the Cosa LX 200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by—

(a) the omission of paragraph 4.4 (approval marks); and

(b) in paragraph 5.3.1.1 (independent braking devices and controls), the omission of the word “independent” in the first place where it appears, but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.

(8) Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

(9) Paragraph (6) does not apply to—

(a) a vehicle with a maximum speed not exceeding 25 km/h; or

(b) a vehicle fitted for an invalid driver.

(10) Instead of complying with paragraph (4) of this regulation an agricultural motor vehicle may comply with Community Directive 76/432.

Vacuum or pressure brake warning devices

22

(1) Subject to paragraph (2), a motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a device so placed as to be readily visible to the driver of the vehicle and capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system.

(2) The requirement specified in paragraph (1) does not apply to—

(a) a vehicle to which paragraphs (1), (2), (4) or (5) of regulation 20 applies, or which complies with the requirements of that regulation, of Community Directive 79/489, 85/647, 88/194 or 91/422 or of ECE Regulation 13.03, 13.04, 13.05 or 13.06;

(b) an agricultural motor vehicle which complies with Community Directive 76/432;

(c) a vehicle with an unladen weight not exceeding 3,050 kg propelled by an internal combustion engine, if the vacuum in the reservoir is derived directly from the induction system of the engine, and if, in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d) a vehicle first used before 1st October 1937.

Couplings on trailer pneumatic braking systems

23

(1) In this regulation—

“BS coupling” means a coupling which— is of the type shown in figure 1, 4 or 5 of the British Standard specification; and complies with the dimensions shown in that figure;

“the British Standard specification” means the British Standard specification for dimensions of “contact” type couplings for air pressure braking systems on trailers and semi-trailers and their towing vehicles, and the arrangements of these couplings on articulated and drawbar combinations, published by the British Standards Institution under reference number BS AU 138a: 1980;

“coupling”, “emergency line”, “secondary line” and “service line” have the same meanings as in the British Standard specification;

(2) For the purposes of this regulation, a relevant coupling is a coupling that is physically capable of being connected to a BS coupling.

(3) Subject to paragraphs (6) and (7), no service line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 2 of the British Standard specification;

(b) complies with the dimensions shown in that figure; and

(c) complies with paragraph 3.4.3 of that specification (except so far as it requires it to be of a type shown in that figure).

(4) Subject to paragraphs (6), (7) and (8), no emergency line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 3 of the British Standard specification; and

(b) complies with the dimensions shown in that figure.

(5) Subject to paragraphs (6), (7) and (8), no secondary line comprised in a pneumatic braking system fitted to a trailer shall be equipped with a relevant coupling unless that coupling—

(a) is of the type shown in figure 6 of the British Standard specification; and

(b) complies with the dimensions shown in that figure.

(6) For the purposes of paragraphs (3), (4) and (5), a reference to the dimensions shown in a figure in the British Standard specification does not include any dimension marked “M22 x 1.5”.

(7) Paragraph (3) shall not apply to a relevant coupling which fulfils the requirements of—

(a) a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b) any international standard recognised for use as a standard by any EEA State; or

(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standardby a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with a BS coupling of the type shown in figure 1 of the British Standard specification equivalent to that provided by the British Standard specification as modified in accordance with paragraph (6).

(8) Paragraph (7) shall have effect—

(a) in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” there were substituted the words “figure 4”; and

(b) in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” there were substituted the words “figure 5”.

Maintenance and efficiency of brakes

24

(1) Every part of a braking system and of its means of operation fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

(2) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (3) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(3) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.

(4) Paragraph (5) applies to every wheeled motor vehicle except—

(a) an agricultural motor vehicle which is not driven at more than 20 mph;

(b) a works truck;

(d) an industrial tractor.

(5) A vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table I shall, subject to any exemption shown for that item in column 4, be so maintained that—

(a) its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b) if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor cycle first used on or after 1st January 1927,

its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 20 or 21 to be equipped with brakes.

(1)	(2)	(3)	(3)	(4)
Item	Class of vehicle	Efficiencies (%)	Efficiencies (%)	Exemptions
		(a)	(b)
1.	A vehicle to which regulation 20 applies or which complies in all respects other than its braking efficiency with the requirements of that regulation or with Community Directive 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06— when not drawing a trailer;	50	25
	b when drawing a trailer.	45	25
2.	A vehicle, not included in item 1 and not being a motor cycle, which is first used on or after 1st January 1968— when not drawing a trailer;	50	25
	b when drawing a trailer manufactured on or after 1st January 1968;	50	25
	c when drawing a trailer manufactured before lst January 1968.	40	15
3.	Goods vehicles and buses (in each case) first used on or after 15th August 1928 but before lst January 1968 having an unladen weight exceeding 1,525 kg being— rigid vehicles with 2 axles not constructed to form part of an articulated vehicle— when not drawing a trailer;	45	40
	ii when drawing a trailer;	20	15
	b other vehicles, including vehicles constructed to form part of an articulated vehicle, whether or not drawing a trailer.	40	15
4.	Vehicles not included in items 1 to 3 being— vehicles having at least one means of operation applying to at least 4 wheels;	50	25	a a bus; b an articulated vehicle; c a vehicle constructed or adapted to form part of an articulated vehicle; and d a heavy motor car which is a goods vehicle first used before 15th August 1928.
	b vehicles having 3 wheels and at least one means of operation applying to all 3 wheels and not being a motor cycle with sidecar attached— i when not drawing a trailer;	40	25	a a bus; b an articulated vehicle; c a vehicle constructed or adapted to form part of an articulated vehicle; and d a heavy motor car which is a goods vehicle first used before 15th August 1928.
	ii in the case of a motor cycle when drawing a trailer;	40	25	a a bus; b an articulated vehicle; c a vehicle constructed or adapted to form part of an articulated vehicle; and d a heavy motor car which is a goods vehicle first used before 15th August 1928.
	c other vehicles— i when not drawing a trailer;	30	25	a a bus; b an articulated vehicle; c a vehicle constructed or adapted to form part of an articulated vehicle; and d a heavy motor car which is a goods vehicle first used before 15th August 1928.
	d in the case of a motor cycle when drawing a trailer.	30	25	a a bus; b an articulated vehicle; c a vehicle constructed or adapted to form part of an articulated vehicle; and d a heavy motor car which is a goods vehicle first used before 15th August 1928.

(6) A goods vehicle shall not be deemed to comply with the requirements of paragraph (5) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to the design gross weight of the vehicle.

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to gross weight and design gross weight are to be taken as references to train weight and design train weight respectively.

(7) A bus shall be deemed not to comply with the requirements of paragraph (5) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(8) For the purposes of paragraph (7), the relevant weight—

(a) in relation to a bus first used on or after lst April 1982, is its maximum gross weight; and

(b) in relation to a bus first used before that date, is the weight specified in paragraph (9).

(9) The weight referred to in paragraph (8)(b) is—

$$X+63.5×(Y+Z)kg$ where— X is the unladen weight of that bus in kilograms; Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and Z is— in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8; in the case of a PSV which is an articulated bus, the standing capacity; or in any other case, nil.$

(10) The brakes of an agricultural motor vehicle which is first used on or after 1st June 1986 and is not driven at more than 20 mph, and of every agricultural trailer manufactured on or after 1st December 1985 shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum axle weights which the vehicle is designed to have.

(11) A class of vehicle or combination of vehicles specified in an item in column 2 of Table II shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

(1)	(2)	(3)
Item	Class of vehicle or combination	Percentage gradient
1.	A vehicle specified in item 1 of Table I— when not drawing a trailer	16
	b when drawing a trailer.	12
2.	A vehicle to which requirement 18 in the Table in Schedule 2 applies by virtue of regulation 21.	16
3.	A vehicle, not included in item 1, drawing a trailer manufactured on or after 1st January 1968 and required, by regulation 20 or 21, to be fitted with brakes.	16

(12) For the purpose of this regulation the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(13) A vehicle which is subject to and which complies with the requirements in item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency to comply with regulation 20 or Community Directive 79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(14) In this regulation—

“PSV” means a public service vehicle within the meaning of Article 2(2) of the 1981 Order;

“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under Article 62 of the 1981 Order.

Application of brakes of trailers

25

(1) Subject to paragraph (2) where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver (or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive) is in a position and competent efficiently to apply the brakes of the trailer.

(2) This regulation shall not apply to a trailer which—

(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b) is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

C — — Wheels, Springs, Tyres and Tracks

General requirement as to wheels and tracks

26

Every motor cycle and invalid carriage shall be a wheeled vehicle, and every other motor vehicle and every trailer shall be either a wheeled vehicle or a track-laying vehicle.

Springs and resilient material

27

(1) Subject to paragraphs (3) and (4), motor vehicles and trailers shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.

(2) Subject to paragraphs (3) and (4), in the case of a track-laying vehicle—

(a) resilient material shall be interposed between the rims of the weight-carrying rollers and the road surface so that the weight of the vehicle, other than that borne by any wheel, is supported by the resilient material; and

(b) where the vehicle is a heavy motor car, motor car, or trailer it shall have suitable springs between the frame of the vehicle and the weight-carrying rollers.

(3) This regulation does not apply to—

(a) a wheeled vehicle with an unladen weight not exceeding 4,070 kg and which is—

(i) a motor tractor any unsprung wheel of which is fitted with a pneumatic tyre;

(ii) a motor tractor used in connection with railway shunting and which is used on a road only when passing from one railway track to another in connection with such use;

(iii) a vehicle specially designed, and mainly used, for work on rough ground or unmade roads and every wheel of which is fitted with a pneumatic tyre and which is not driven at more than 20 mph;

(iv) a vehicle constructed or adapted for, and being used for, road sweeping and every wheel of which is fitted with either a pneumatic tyre or a resilient tyre and which is not driven at more than 20 mph;

(b) an agricultural motor vehicle which is not driven at more than 20 mph;

(d) a trailer used solely for the haulage of felled trees;

(e) a motor cycle;

(f) a mobile crane;

(g) a pedestrian-controlled vehicle all the wheels of which are equipped with pneumatic tyres;

(h) a road roller;

(i) a broken down vehicle; or

(j) a vehicle first used on or before 1st January 1932.

(4) Paragraphs (1) and (2)(b) do not apply to a works truck or a works trailer.

Wheel loads

28

(1) Subject to paragraph (2) this regulation applies to—

(a) a semi-trailer with more than 2 wheels;

(b) a track-laying vehicle with more than 2 wheels; and

(2) This regulation does not apply to a road roller.

(3) Subject to paragraphs (4) and (5), a vehicle to which this regulation applies shall be fitted with a compensating arrangement which ensures that under the most adverse conditions every wheel remains in contact with the road and is not subject to abnormal variations of load.

(4) Paragraph (3) does not apply in respect of a steerable wheel on which the load does not exceed—

(a) if it is a wheeled vehicle, 3,560 kg; and

(b) if it is a track-laying vehicle, 2,540 kg.

(5) In the application of paragraph (3) to an agricultural motor vehicle, wheels which are in line transversely on one side of the longitudinal axis of the vehicle shall be regarded as one wheel.

Tyres

29

(1) Subject to paragraph (2), wheels of vehicles of a class specified in an item in column 2 of the Table shall be fitted with tyres of a type specified in that item in column 3 which complies with any conditions specified in that item in column 4.

(2) The requirements referred to in paragraph (1) do not apply to road rollers and are subject, in the case of any item in the Table, to the exemptions specified in that item in column 5.

(3) Subject to paragraph (4) a wheel of a vehicle may not be fitted with a temporary use spare tyre unless either—

(a) the vehicle is a passenger vehicle (not being a bus) first used before 1st August 1990; or

(b) the vehicle complies at the time of its first use with ECE Regulation 64 or Community Directive 92/23.

(4) Paragraph (3) does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

(1)	(2)	(3)	(4)	(5)
Item	Class of vehicle	Type of tyre	Conditions	Exemptions
1.	Locomotives not falling in item 6	Pneumatic or resilient
2.	Motor tractors not falling in item 6 of a vehicle with an unladen weight of less than 2,540 kg unless the diameter of the rim of the wheel is at least 405 mm.	Pneumatic or resilient	No re-cut pneumatic tyre shall be fitted to any wheel
3.	Heavy motor cars not falling in item 6	Pneumatic		The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre— a vehicle mainly used for work on rough ground; a tower wagon; a vehicle fitted with a turn-table fire escape; a refuse vehicle; a works truck; a vehicle first used before 3rd January 1933.
4.	Motor cars not falling in item 6.	Pneumatic	No re-cut tyre shall be fitted to any wheel of a vehicle unless it is— an electrically propelled goods vehicle, or a goods vehicle with an unladen weight of at least 2,540 kg and the diameter of the rim of the wheel is at least 405 mm	The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre— a vehicle mainly used for work on rough ground; a refuse vehicle; a works truck; a vehicle with an unladen weight not exceeding— 1,270 kg if electrically propelled; 1,020 kg in any other case; a tower wagon; a vehicle fitted with a turn-table fire escape; a vehicle first used before 3rd January 1933.
5.	Motor cycles	Pneumatic	No re-cut tyre shall be fitted	The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre— a works truck; a pedestrian-controlled vehicle.
6.	Agricultural motor vehicles which are not driven at more than 20 mph	Pneumatic or resilient	The same as for item 2	The requirement in column 3 does not apply to a vehicle of which— every steering wheel is fitted with a smooth-soled tyre which is not less than 60 mm wide where it touches the road; and in the case of a wheeled vehicle, every driving wheel is fitted with a smooth-soled tyre which— is not less than 150 mm wide if the unladen weight of the vehicle exceeds 3,050 kg, or 76 mm wide in any other case, and either is shod with diagonal cross-bars not less than 76 mm wide or more than 20 mm thick extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm; or is shod with diagonal cross-bars of resilient material not less than 60 mm wide extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm.
7.	Trailers	Pneumatic	Except in the case of a trailer mentioned in paragraph (d) of column 5, no re-cut tyre shall be fitted to any wheel of a trailer drawn by a heavy motor car or a motor car if the trailer— has an unladen weight not exceeding— if it is a living van, 2,040 kg; or in any other case, 1,020 kg; or is not constructed or adapted to carry any load, other than plant or other special appliance which is a permanent or essentially permanent fixture and has a gross weight not exceeding 2,290 kg	a an agricultural trailer manufactured before 1st December 1985; b an agricultural trailed appliance; c a trailer used to carry water for a road roller being used in connection with road works; d the following, if every wheel which is not fitted with a pneumatic tyre is fitted with a resilient tyre— i a works trailer; ii a refuse vehicle; iii a trailer drawn by a heavy motor car every wheel of which is not required to be fitted with a pneumatic tyre; iv a broken down vehicle; or v a trailer drawn by a vehicle which is not a heavy motor car or a motor car.

Tyre loads and speed ratings

30

(1) Save as provided in paragraphs (3), (4), (8) and (9) any tyre fitted to the axle of a vehicle—

(a) which is a class of vehicle specified in an item in column 2 of Table I; and

(b) in relation to which the date of first use is as specified in that item in column 3 of that Table;

shall comply with the requirements specified in that item in column 4 of that Table.

(1)	(2)	(3)	(4)
Item	Class of vehicle	Date of first use	Requirements
1.	Vehicles which are of one or more of the following descriptions, namely— goods vehicles, trailers, buses, vehicles of a class mentioned in column 2 in Table III.	Before 1st April 1991	The requirements of paragraphs (5) and (6).
2.	Vehicles which are of one or more of the following descriptions, namely— goods vehicles, trailers, buses, vehicles of a class mentioned in column 2 in Table III, with the exception of the vehicles specified in paragraph (2).	On or after 1st April 1991	The requirements of paragraphs (5), (6) and (7).
3.	Vehicles of a class mentioned in paragraph (2).	On or after 1st April 1991	The requirements of paragraph (5).

(2) The classes of vehicle referred to in items 2 and 3 in column 2 of Table I are—

(a) engineering plant;

(b) track-laying vehicles;

(d) works trucks; and

(e) motor vehicles with a maximum speed not exceeding 30 mph, not being vehicles of a class specified in—

(i) items 2 and 3 of, Table II; or

(ii) paragraph (8) or sub-paragraphs (a) to (d) of this paragraph;

or trailers while being drawn by such vehicles.

(3) Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is—

(a) broken down or proceeding to a place where it is to be broken up; and

(b) being drawn by a motor vehicle at a speed not exceeding 20 mph.

(4) Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that type is fitted to an axle of that vehicle, paragraph (7) shall not apply to that tyre while it is being used for those purposes.

(5) The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.

(6) The requirements of this paragraph are that the tyre shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table II in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).

(1)	(2)	(3)	(4) Variation to the load-capacity index expressed as a percentage	(4) Variation to the load-capacity index expressed as a percentage
Item	Class of vehicle	Speed (mph)	(a) Tyres marked in accordance with ECE Regulation 30, 30.01 or 30.02 and relevant car tyres	(b) Tyres marked in accordance with ECE Regulation 54 and relevant commercial vehicle tyres
1.	A vehicle of a class for which maximum speeds are prescribed by the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989[^f00042] other than an agricultural motor vehicle.	The highest speed so prescribed	Single wheels: none. Dual wheels: 95.5%	None.
2.	An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of not more than 25 mph.	The maximum speed of the vehicle	None	150%.
3.	An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of more than 25 mph and not more than 40 mph.	The maximum speed of the vehicle	None	130%
4.	An electrically propelled vehicle used only within a radius of 25 miles from the permanent base at which it is normally kept and having a maximum speed of more than 40 mph and not more than 50 mph.	The maximum speed of the vehicle	None	115%
5.	A restricted speed vehicle.	50	None	The relevant % variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23
6.	A low platform trailer, an agricultural motor vehicle, an agricultural trailer, an agricultural trailed appliance or an agricultural trailed appliance conveyor.	40	None	The relevant % variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23
7.	A municipal vehicle.	40	None	115%
8.	A multi-stop local collection and delivery vehicle if not falling within the class of vehicle described in items 2 or 3 above.	40	None	115%
9.	A light trailer or any trailer equipped with tyres of speed category F or G.	60	Single wheels: 110% Dual wheels: 105%	The relevant variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23
10.	A trailer not falling in items 6 to 10.	60	Single wheels: none. Dual wheels: 95.5%	None
11.	A motor vehicle not falling in items 1 to 11.	70	Single wheels: none Dual wheels: 95.5%	None

(7) The requirement of this paragraph is that the tyre when first fitted to the vehicle was marked with a designated approval mark or complied with the requirements of ECE Regulation 30, 30.01, 30.02 or 54, but this requirement shall not apply to a retreaded tyre.

(8) The requirements of paragraphs (6) and (7) shall not apply to a tyre fitted to the axle of a vehicle of a class specified in an item in column 2 of Table III while it is being driven or drawn at a speed not exceeding that specified in that item in column 3 of that Table.

(1)	(2)	(3)
Item	Class of vehicle	Speed (mph)
1.	Agricultural motor vehicles	20
2.	Agricultural trailers	20
3.	Agricultural trailed appliances	20
4.	Agricultural trailed appliance conveyors	20
5.	Works trailers	18

(9) Paragraph (10) applies where a tyre fitted to the axle of a vehicle—

(a) bears a speed category symbol and load-capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;

(b) is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and

(c) is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table III in paragraph (8).

(10) In the circumstances mentioned in paragraph 9, paragraph (7) shall not apply to the tyre if—

(a) the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the less), and

(b) the load on the tyre does not exceed the load indicated by the load capacity index.

(11) A vehicle of a class described in column 2 in Table II first used on or after 1st April 1991 shall not be used on a road—

(a) in the case where there is no entry in column 4 specifying a variation to the load-capacity index expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the load-capacity index; or

(b) in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the load-capacity index expressed as a percentage.

(12) In this regulation—

“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 33 in Schedule 4 to those Regulations (that item being a marking relating to Community Directive 92/23);

“dual wheels” means two or more wheels which are to be regarded as one wheel by virtue of paragraph 7 of regulation 2 in the circumstances specified in that paragraph;

“load-capacity index” has the same meaning as in paragraph 2.28 of Annex II to Community Directive 92/23 or paragraph 2.29 of ECE Regulation 30.02 or paragraph 2.27 of ECE Regulation 54;

“municipal vehicle” means a motor vehicle or trailer limited at all times to use by a district council, or a person acting in pursuance of a contract with a district council, for road cleansing, road watering or the collection and disposal of refuse, night soil or the contents of cesspools;

“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within a radius of 25 miles from the permanent base at which it is normally kept;

“single wheels” means wheels which are not dual wheels; and

“speed category” has the same meaning as in paragraph 2.29 of Annex II to Community Directive 92/23 or paragraph 2.28 of ECE Regulation 54.

(13) For the purposes of this regulation, a tyre is a “relevant car tyre” if—

(a) it has been marked with a designated approval mark, and

(b) the first 2 digits of the approval number comprised in the mark are “02”.

(14) For the purposes of this regulation, a tyre is a “relevant commercial vehicle tyre” if—

(a) it has been marked with a designated approval mark, and

(b) the first 2 digits of the approval number comprised in the mark are “00”.

(15) In this regulation any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

Mixing of tyres

31

(1) Subject to paragraph (5) pneumatic tyres of different types of structure shall not be fitted to the same axle of a wheeled vehicle.

(2) Subject to paragraphs (3) and (5), a wheeled motor vehicle having only two axles each of which is equipped with one or two single wheels shall not be fitted with—

(a) a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply tyre is fitted on its front axle; or

(b) a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

(3) Paragraph (2) does not apply to a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant or to a vehicle which has a maximum speed not exceeding 30 mph.

(4) Subject to paragraph (5) pneumatic tyres fitted to—

(a) the steerable axles of a wheeled vehicle; or

(b) the driven axles of a wheeled vehicle, not being steerable axles,

shall all be of the same type of structure.

(5) A temporary use spare tyre may be fitted to a wheel of a passenger vehicle (not being a bus) unless it is driven at a speed exceeding 50 mph.

(6) In this regulation—

“axle” includes— two or more stub axles which are fitted on opposite sides of the longitudinal axis of the vehicles so as to form— a pair in the case of two stub axles; and pairs in the case of more than two stub axles; and a single stub axle which is not one of a pair;

“a bias-belted tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, and are constrained by a circumferential belt comprising two or more layers of substantially inextensible cord material laid at alternate angles smaller than those of the ply cord structure;

“a diagonal-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, but not being a bias-belted tyre;

“a driven axle” means an axle through which power is transmitted from the engine of a vehicle to the wheels on that axle;

“a radial-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at an angle of substantially 90 degrees to the peripheral line of the tread, the ply cord structure being stabilised by a substantially inextensible circumferential belt;

“stub axle” means an axle on which only one wheel is mounted; and

“type of structure”, in relation to a tyre, means a type of structure of a tyre of a kind defined in this paragraph.

Condition and maintenance of tyres

32

(1) Subject to paragraphs (2) to (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if—

(a) the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b) the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c) the tyre has a cut in excess of 25 mm or 10% of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;

(d) the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;

(e) the tyre has any of the ply or cord exposed;

(f) the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;

(g) either—

(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or

(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1mm; or

(h) the tyre is not maintained in such condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in the vehicle or to other persons using the road.

(2) Paragraph (1) shall not operate to prohibit the use on a road of a motor vehicle or trailer by reason only of the fact that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which has any of the defects described in sub-paragraph (c), (d) or (e) of said paragraph (1), if the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the motor vehicle or trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

(3) Paragraph (1)(a) shall not operate to prohibit the use on a road of a passenger vehicle (not being a bus) by reason only of the fact that a wheel of the vehicle is fitted with a temporary use spare tyre, unless the vehicle is driven at a speed exceeding 50 mph.

(a) Paragraph (1)(a) to (g) does not apply to—

(i) an agricultural motor vehicle that is not driven at more than 20 mph;

(ii) an agricultural trailer;

(iii) an agricultural trailed appliance;

(iv) a broken down vehicle or a vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a motor vehicle at a speed not exceeding 20 mph;

(b) paragraph (1)(f) and (g) does not apply to—

(i) a three wheeled motor cycle the unladen weight of which does not exceed 102 kg and which has a maximum speed of 12 mph; or

(ii) a pedestrian-controlled works truck;

(d) paragraph (1)(f) and (g) does not apply to the vehicles specified in sub-paragraph (e) but such vehicles shall comply with the requirements specified in sub-paragraph (f);

(e) the vehicles mentioned in sub-paragraph (d) are—

(i) passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver;

(ii) goods vehicles with a maximum gross weight which does not exceed 3,500 kg; and

(iii) light trailers not falling within sub-paragraph (ii);

first used on or after 3rd January 1933;

(f) the requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band comprising the central three-quarters of the breadth of tread and round the entire outer circumference of the tyre.

(5) A re-cut pneumatic tyre shall not be fitted to any wheel of a motor vehicle or trailer if—

(a) its ply or cord has been cut or exposed by the re-cutting process; or

(b) it has been wholly or partially re-cut in a pattern other than the manufacturer’s re-cut tread pattern.

(a) In this regulation—

“breadth of tread” means the breadth of that part of the tyre which can contact the road under normal conditions of use measured at 90 degrees to the peripheral line of the tread;

“original tread pattern” means in the case of—

a re-treaded tyre, the tread pattern of the tyre immediately after the tyre was re-treaded;

wholly re-cut tyre, the manufacturer’s re-cut tread pattern;

a partially re-cut tyre, on that part of the tyre which has been re-cut, the manufacturer’s re-cut tread pattern, and on the other part, the tread pattern of the tyre when new, and

any other tyre, the tread pattern of the tyre when the tyre was new;

“temporary use spare tyre” means a pneumatic tyre which is designed for use on a motor vehicle only— in the event of the failure of one of the tyres normally fitted to the wheel of the vehicle, and at a speed lower than that for which such normally fitted tyres are designed;

“tie-bar” means any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of such tread pattern;

“tread pattern” means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any— tie bars or tread wear indicators; features which are designed to wear out substantially before the rest of the pattern under normal conditions of use; and other minor features; and

“tread wear indicator” means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between two or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern. The reference in this regulation to grooves are references— if a tyre has been re-cut, to the grooves of the manufacturer’s re-cut tread pattern; and if a tyre has not been re-cut, to the grooves which showed when the tyre was new. A reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

Tracks

33

(1) Every part of every track of a track-laying vehicle which comes into contact with the road shall be flat and have a width of not less than 12.5 mm.

(2) The area of the track which is in contact with the road shall not at any time be less than 225 cm² in respect of every 1,000 kg of the total weight which is transferred to the road by the tracks.

(3) The tracks of a vehicle shall not have any defect which might damage the road or cause danger to any person on or in the vehicle or using the road, and shall be properly adjusted and maintained in good and efficient working order.

D — — Steering

Maintenance of steering gear

34

All steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.

E — — Vision

View to the front

35

(1) A motor vehicle shall be so designed and constructed that the driver has at all times a full view of the road and traffic ahead of the motor vehicle.

(2) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643, 88/366, 90/630 or, in the case of an agricultural motor vehicle, 79/1073.

(3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

Glass

36

(1) This regulation applies to a motor vehicle which is—

(a) a wheeled vehicle, not being a caravan, first used before 1st June 1978;

(b) a caravan first used before 1st September 1978; or

(2) The glass fitted to a window specified in an item in column 3 of the Table of a vehicle of a class specified in that item in column 2 shall be safety glass.

(1)	(2)	(3)
Item	Class of vehicle	Windows
1.	Wheeled vehicles first used on or after 1st January 1959, being passenger vehicles or dual-purpose vehicles.	Windscreens and all outside windows.
2.	Wheeled vehicles first used on or after lst January 1959, being goods vehicles (other than dual-purpose vehicles), locomotives or motor tractors.	Windscreens and all windows in front of and on either side of the driver’s seat
3.	Wheeled vehicles not mentioned in item 1 or 2.	Windscreens and windows facing to the front on the outside, except glass fitted to the upper decks of a double-decked vehicle.
4.	Track-laying vehicles.	Windscreens and windows facing to the front.

(3) For the purposes of this regulation any windscreen or window at the front of the vehicle the inner surface of which is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

(a) In this regulation—

“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown as item 31 or 32 in Schedule 4 to those Regulations (those items being markings relating to Community Directive 92/22); and in this regulation and in regulation 37—

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.

(5) Paragraph (2) does not apply to glass which is legibly and permanently marked with a designated approval mark.

37

(1) This regulation applies to—

(a) a caravan first used on or after 1st September 1978, and

(b) a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2) Subject to paragraphs (3) to (9) the windows specified in column 2 of Table I in relation to a vehicle specified in that column shall be constructed of the material specified in column 3.

(1)	(2)	(3)
Item	Windows	Material
1.	Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to motor vehicles first used on or after 1st April 1985.	Specified safety glass (1980).
2.	Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to a motor vehicle first used before 1st April 1985.	Specified safety glass, or specified safety glass (1980).
3.	All other windows on vehicles to which this regulation applies.	Specified safety glass, specified safety glass (1980), or safety glazing.

(3) The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4) The windscreens of motor cycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5) Any windscreens or other windows which are wholly or partly in front of or on either side of the driver’s seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken shall—

(a) be constructed of safety glazing; and

(b) be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6) Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7) Windows being—

(a) windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (other than agricultural motor vehicles first used on or after 1st June 1986 and driven at more than 20 mph) which are wholly or partly in front of or on either side of the driver’s seat;

(b) windows of the upper deck of a double-decked bus; or

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(8) In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9) Any requirement in this regulation that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall not apply to a windscreen or other window which is—

(a) manufactured in France;

(b) marked with a marking consisting of the letters “TP GS” or “TP GS E”; and

(10) Subject to paragraph (11), the windscreens or other windows constructed, in accordance with paragraphs (2) to (8), of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table II in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure described in a document specified in relation to those windows in column 5.

(1)	(2)	(3)	(4)	(5)
Item	Class of vehicle	Windows	Percentage	Documents describing procedure
1.	Motor vehicles first used before 1st April 1985	All windows	70	British Standard Specification No. 857 or No. 5282
2.	Motor vehicles first used on or after 1st April 1985 and trailers	a Windscreens	75
b All other windows	70	The documents mentioned in (i), (ii) or (iii) of the definition in paragraph (13) of “specified safety glass (1980)”.

(11) Paragraph (10) does not apply to—

(a) any part of a windscreen which is outside the vision reference zone;

(b) windows through which the driver when in the driver’s seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c) windows in a motor ambulance which are not wholly or partly in front of or on either side of any part of the driver’s seat; or

(d) windows in a bus, goods vehicle, locomotive, or motor tractor other than windows which—

(i) are wholly or partly in front of or on either side of any part of the driver’s seat;

(ii) face the rear of the vehicle; or

(iii) form the whole or part of a door giving access to or from the exterior of the vehicle.

(12) For the purposes of this regulation a window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

(13) Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(14) Paragraph (10) does not apply to a window if—

(a) it is a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b) it is not a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark.

(15) This paragraph applies to a side or rear window if—

(a) any part of it is on either side of or forward of the driver’s seat; or

(b) any part of it is within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by regulation 38 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by regulation 38 if, were it to be removed, the vehicle would nevertheless meet the requirements of regulation 38.

(16) In this regulation, unless the context otherwise requires—

“British Standard Specification No. 857” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088;

“British Standard Specification No. 5282” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185;

“British Standard Specification BS AU 178” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178;

“designated approval mark” means— in relation to a windscreen, the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 in Schedule 4 to those Regulations, and in relation to a window other than a windscreen, the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 32 in Schedule 4 to those Regulations;

“safety glazing” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts;

“security vehicle” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either— persons who are likely to require protection from any criminal offence involving violence; or dangerous substances, bullion, money, jewellery, documents or other goods or burden which, by reason of their nature or value, are likely to require protection from any criminal offence;

“specified safety glass” means glass complying with the requirements of either— British Standard Specification No. 857 (including the requirements as to marking); or British Standard Specification No. 5282 (including the requirements as to marking);

“specified safety glass (1980)” means glass complying with the requirements of either— the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088, Amendment Slip No. 2 published on 30th September 1980 under the number AMD 3402, and Amendment Slip No. 4 published on 15th February 1981 under the number AMD 3548 (including the requirements as to marking); or British Standard Specification BS AU 178 (including the requirements as to marking); or ECE Regulation 43 (including the requirements as to marking);

“vision reference zone” means either— the primary vision area as defined in British Standard Specification No. 857; Zone 1, as defined in British Standard Specification No. 5282; or Zone B (as regards passenger vehicles other than buses) and Zone 1 (as regards all other vehicles) as defined in British Standard Specification BS AU 178 and in ECE Regulation 43; and

“windscreen” includes a windshield.

Mirrors

38

(1) Subject to paragraphs (5) and (6), a motor vehicle (not being a road roller) of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors, if any, as are specified in that item in column 3, and any mirror which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in column 4.

(2) Subject to paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 6 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3,500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3) Subject to paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 7 or 8 of the Table which is first used on or after 1st April 1969 the edges of any mirror fitted internally shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by an occupant of the vehicle.

(4) Subject to paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of item 1 or 5, or within item 6, of the Table—

(a) mirrors shall be fixed to the vehicle in such a way that they remain steady under normal driving conditions;

(b) exterior mirrors on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c) where the bottom edge of an exterior mirror is less than 2m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d) interior mirrors shall be capable of being adjusted by the driver when in his driving position; and

(e) except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, exterior mirrors on the driver’s side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

(1)	(2)	(3)	(4)
Item	Class of vehicle	Mirrors to be fitted	Requirements to be complied with by any mirrors fitted
1.	A motor vehicle which is— drawing a trailer, if a person is carried on the trailer so that he has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear; a works truck; a track-laying agricultural motor vehicle; a wheeled agricultural motor vehicle first used before 1st June 1978, if, in each case, the driver can easily obtain a view to the rear; a pedestrian controlled vehicle; a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; or an agricultural motor vehicle which has an unladen weight exceeding 7,370 kg and which— is a track-laying vehicle; or is a wheeled vehicle first used before 1st June 1978.	No requirement	a If the vehicle is a wheeled vehicle first used on or after 1st June 1978, item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) b In other cases, none, except as specified in paragraph (3)
2.	A motor vehicle, not included in item 1, which is— a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978; an agricultural motor vehicle not being a track-laying vehicle with an unladen weight not exceeding 7,370 kg (which falls in item 8) or a wheeled agricultural motor vehicle first used after 1st June 1986 which is driven at more than 20 mph (which falls within item (6)); or a works truck.	At least one mirror fitted externally on the offside	None, except as specified in paragraphs (2) and (3)
3.	A wheeled motor vehicle not included in item 1 first used on or after 1st April 1983 which is— a bus; or a goods vehicle with a maximum gross weight exceeding 3,500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 4.	Mirrors complying with Item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 6	Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01
4.	A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1989.	Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01	Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01
5.	A two-wheeled motor cycle with or without a sidecar attached.	No requirement	a If the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) b In other cases, none
6.	A wheeled motor vehicle not in items 1 to 5, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978).	i At least one mirror fitted externally on the offside of the vehicle; and ii at least one mirror fitted internally, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and iii at least one mirror fitted externally on the nearside of the vehicle unless a mirror which gives the driver an adequate view to the rear is fitted internally	Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4)
7.	A wheeled motor vehicle, not in items 1 to 5, first used before lst June 1978 (or, in the case of a Ford Transit motorcar, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after lst January 1958 which in either case is— a bus; a dual-purpose vehicle; or a goods vehicle.	At least one mirror fitted externally on the offside of the vehicle and at least one mirror fitted either internally or externally on the nearside of the vehicle	None, except as specified in paragraph (3)
8.	A motor vehicle, whether wheeled or track-laying, not in items 1 to 7.	At least one mirror fitted either internally or externally	None, except as specified in paragraph (3)

(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—

(a) if it is a goods vehicle with a maximum gross weight exceeding 3,500 kg first used on or after 1st April 1985, and before 1st August 1989, with Community Directive 79/795 or 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(b) if it is a goods vehicle first used on or after 1st August 1989—

(i) in the case of a vehicle with a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg with Community Directive 79/795 or 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(ii) in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(c) if it is an agricultural motor vehicle with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(d) if it is a two-wheeled motor cycle with or without a sidecar with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(e) if it is any other vehicle with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.

(6) Instead of complying with the provisions of column 4 in items 3, 5 or 6 of the Table a mirror may comply with the requirements as to construction and testing set out either in Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6, or in Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6.

(7) In this regulation “mirror” means a mirror to assist the driver of a vehicle to become aware of traffic—

(i) if it is an internal mirror, to the rear of the vehicle; and

(ii) if it is an external mirror fitted on one side of the vehicle, rearwards on that side of the vehicle.

In the case if an agricultural motor vehicle or a vehicle described in items 2 or 6 in the Table, when drawing a trailer, the references to a vehicle in sub-paragraphs (i) and (ii) include references to the trailer.

Windscreen wipers and washers

39

(1) Subject to paragraphs (4) and (5), a vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.

(2) Subject to paragraphs (3), (4) and (5), a wheeled vehicle required by paragraph (1) or regulation 26 of the Public Service Vehicles (Conditions of

F — — Instruments and Equipment

Speedometers

40

(1) Subject to paragraphs (2) and (3), a motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch, separately.

(2) Paragraph (1) does not apply to—

(a) a vehicle having a maximum speed not exceeding 25 mph;

(b) a vehicle which it is at all times unlawful to drive at more than 25 mph;

(d) a motor cycle first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc;

(e) an invalid carriage first used before 1st April 1984;

(f) a works truck first used before 1st April 1984;

(g) a vehicle first used before 1st October 1937; or

(h) a vehicle equipped with recording equipment marked with a marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 3 in Schedule 4 to those Regulations (whether or not the vehicle is required to be equipped with that equipment) and which, as regards the visual indications given by that equipment of the speed of the vehicle, complies with the requirements relating to the said indications and installations specified in the Community Recording Equipment Regulation.

(3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 97/39 or with ECE Regulation 39.

Maintenance of speedometers

41

(1) An instrument for indicating speed fitted to a motor vehicle—

(a) in compliance with the requirements of regulation 40(1) or (3); or

(b) to which regulation 40(2)(h) relates and which is not, under the Community Recording Equipment Regulation, required to be equipped with the recording equipment mentioned in that paragraph,

shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.

(2) In this regulation “all material times” means all times when the vehicle is in use on a road except when—

(a) the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or

(b) as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.

Speed limiters fitted to buses and coaches

42

(1) This regulation applies to every bus and coach which—

(a) has a maximum gross weight exceeding 10 tonnes;

(b) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h; and

(2) Every vehicle to which this regulation applies shall be fitted with a speed limiter which must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interference of its power supply;

(b) be maintained in good and efficient working order; and

(3) A speed limiter fitted before 1st October 1994 to a vehicle to which this regulation applies must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24.

(4) A speed limiter fitted on or after 1st October 1994 to a vehicle to which this regulation applies must comply with the Annexes to Community Directive 92/24.

(5) This regulation does not apply to a vehicle—

(a) being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced; or

(b) completing a journey in the course of which the speed limiter has accidentally ceased to function.

(6) Paragraph (2)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st January 1995 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom,

as if the words “by an authorised sealer” were omitted.

(7) Paragraph (3) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(8) Until 22nd February 2001, in relation to a vehicle not used for transport operations outside the United Kingdom and first used before 22nd February 2000, paragraph (2)(c) shall have effect as if for “100 km/h” there were substituted “105 km/h”.

(9) In this regulation—

“authorised sealer” means a person authorised by the Department in accordance with Schedule 3 of these Regulations, or by the Secretary of State for Transport in accordance with Schedule 3B of the Road Vehicles (Construction and Use) Regulations 1986[^f00045];

“equivalent standard” means— a standard or code of practice of a national standards body or equivalent body of any EEA State; or any international standard recognised for use as a standard by any EEA State; or a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State, where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

“Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS/AU 217: Part 1: 1987 and which came into effect on 28th May 1987; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.