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
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  • (2) The first condition is fulfilled if the vehicle does not meet the noise limit requirements.
  • (3) The second condition is fulfilled if—
  • (a) any part of the vehicle is not in good and efficient working order, or
  • (b) the vehicle has been altered.
  • (4) The third condition is fulfilled if the noise made by the vehicle would have been materially less (so far as applicable)—
  • (a) were all parts of the vehicle in good and efficient working order, or
  • (b) had the vehicle not been altered.
  • (5) For the purposes of this regulation, a vehicle meets the noise limit requirements if—
  • (a) in the case of a vehicle first used before 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 1 or 2 of the Table in Part I of Schedule 9;
  • (b) in the case of a vehicle first used before 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 1 or 3 of that Table;
  • (c) in the case of a vehicle first used on or after 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 2 of that Table;
  • (d) in the case of a vehicle first used on or after 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 3 of that Table.
  • (6) In this regulation, “replacement silencer” has the same meaning as in regulation 70.

Exception to regulations 66 to 71

72

Regulations 66, 67, 68, 69, 70 and 71 do not apply to a vehicle which is—

  • (a) proceeding to a place where, by previous arrangement—
  • (i) noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it; or
  • (ii) the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or
  • (b) returning from such a place immediately after the noise has been so measured.

Radio interference suppression

73
  • (1) Subject to paragraphs (3), (4), (5) and (7)—
  • (a) every vehicle to which this sub-paragraph applies shall be so constructed that it complies with the requirements of paragraph 6 of Annex I to Community Directive 72/245 or paragraph 6 (as read with paragraph 8) of Annex I to Community Directive 95/54 (whether or not those Community Directives apply to the vehicle); and
  • (b) every agricultural and forestry tractor which is propelled by a spark ignition engine and is first used on or after 1st April 1974 shall be so constructed that it meets the requirements of paragraph 6 of Community Directive 72/245, 75/322 or 95/54.
  • (2) Paragraph (1)(a) applies to every wheeled vehicle which is propelled by a spark ignition engine and—
  • (a) is first used on or after 1st April 1974 and before 1st January 1996; or
  • (b) is first used on or after 1st January 1996 and is a “vehicle” within the meaning of the Framework Directive.
  • (3) For the purposes of paragraph (1)—
  • (a) a requirement in paragraph 6.2.2 of Community Directive 72/245 or 75/322 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description level not to exceed that limit by more than the amount mentioned in paragraph 9.2 of those Community Directives when measured in those circumstances; and
  • (b) a requirement in paragraph 6.2.2 or 6.3.2 of Community Directive 95/54 for any description of radiation level not to exceed a specified limit when measured in specified circumstances shall be read as a requirement for that description of radiation level not to exceed that limit by more than the amount mentioned in paragraph 7.3.1 of the Community Directive when measured in those circumstances.
  • (4) Subject to paragraph (7), on and after 1st October 2002 no person shall use or cause or permit to be used on a road a vehicle—
  • (a) in respect of which an EC certificate of conformity has been issued; and
  • (b) which is fitted with any electrical/electronic sub-assembly that was not fitted to the vehicle when the certificate was issued,

unless the electric/electronic sub-assembly is marked in accordance with the requirements of Community Directive 95/54/EC.

  • (5) Instead of complying with paragraph (1)(a) a vehicle may comply at the time of first use with Community Directive 72/245 or 95/54 or ECE Regulation 10 or 10.01.
  • (6) Instead of complying with paragraph (1)(b) a vehicle may comply at the time of first use with Community Directive 75/322.
  • (7) Paragraph (4) shall not apply to a vehicle of a type described in Article 2(6) of Community Directive 95/54/EC[^f00054]; and for the purposes of this paragraph “type” has the same meaning as in Article 2(6) of that Directive.
  • (8) Paragraph (1) 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.
  • (9) In this regulation “electrical/electronic sub-assembly” has the same meaning as in Community Directive 95/54.

Emission of smoke, vapour, gases, oily substances etc.

74
  • (1) Subject to paragraph (7), a vehicle shall be constructed and maintained so as not to emit avoidable smoke or avoidable visible vapour.
  • (2) A motor vehicle using solid fuel shall be fitted with—
  • (a) a tray or shield to prevent ashes or cinders from falling onto the road; and
  • (b) an efficient appliance to prevent any emission of sparks or grit.
  • (3) Subject to paragraph (7) and to the exemptions specified in an item in column 4 of Table I, wheeled vehicles of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.
  • (4) A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.
  • (5) Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.
  • (6) Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.
  • (7) For the purposes of paragraphs (5) and (6), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying—
  • (a) if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or
  • (b) if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.
  • (8) In relation to a vehicle which—
  • (a) has an engine the cylinder capacity of which is less than 700 cc and has a rated power speed of more than 3,000 revolutions per minute;
  • (b) is first used before 1st October 1998,
  • Community Directive 91/542 shall have effect for the purposes of this regulation as if for the figure “0.15” in the Table in paragraph 6.2.1 and 8.3.1.1 there were substituted “0.25”.
  • For the purposes of this paragraph, “rated power speed” has the same meaning as in Community Directive 96/1.
  • (9) A person shall not use, or cause or permit to be used, on a road a motor vehicle—
  • (a) from which smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to property or injury or danger to a person who is, or who may reasonably be expected to be, on the road;
  • (b) which is subject to the requirement in item 2 of Table I (whether or not it is deemed to comply with that requirement by virtue of paragraph (7)) if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or
  • (c) which is subject to the requirement in item 1 of Table I if the device mentioned in column 2 in that item is used while the vehicle is in motion.
  • (10) A person shall not use, or cause or permit to be used, on a road a motor vehicle to which item 3 of Table I applies unless it is so maintained that the m eans specified in column 3 of that item are in good working order.
  • (11) Subject to paragraphs (12), (13) and (14), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisifed in respect to it—
  • (a) the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,
  • (b) neither would those requirements be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle, and
  • (c) the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.
  • (12) Paragraph (11) shall not apply to a vehicle first used before 26th June 1990.
  • (13) Where—
  • (a) a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (11),
  • (b) the vehicle does not comply with the requirements specified in that paragraph in respect to it, and
  • (c) the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle, nothing in paragraph (11) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.
  • (14) Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, the date on which it is first used shall, for the purposes of paragraphs (4), (11), (12) and (13), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.
  • However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.
  • (15) Without prejudice to paragraphs (1) and (11) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that—
  • (a) when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds—
  • (i) in the case of a vehicle first used before 1st August 1986, 4.5%; or
  • (ii) in the case of a vehicle first used on or after 1st August 1986, 3.5%;

of the total exhaust emissions from the engine by volume; and

  • (b) when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.
  • (16) Without prejudice to paragraphs (1) and (11) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 10 applies to the vehicle.
  • (17) Subject to paragraph (20), paragraph (16) applies to—
  • (a) a passenger car which—
  • (i) is first used on or after 1st August 1992 and before 1st August 1994, and
  • (ii) is of a description mentioned in the Annex to the emissions publication;
  • (b) a vehicle which—
  • (i) is not a passenger car,
  • (ii) is first used on or after 1st August 1994, and
  • (iii) is of a description mentioned in the Annex to the emissions publication; or
  • (c) a passenger car which is first used on or after 1st August 1994,

and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 10.

  • (18) Paragraph (15) does not apply to —
  • (a) a vehicle to which paragraph (16) applies; or
  • (b) a vehicle if, at the date the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.
  • (19) Paragraph (16) does not apply to a vehicle if, at the date that engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.
  • (20) Paragraphs (15) and (16) do not apply to—
  • (a) a vehicle being driven to a place where it is to undergo repairs;
  • (b) a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description;
  • (c) an exempt vehicle within the meaning given by paragraph (26)(a);
  • (d) a goods vehicle with a maximum gross weight exceeding 3,500 kg;
  • (e) engineering plant, an industrial tractor, or a works truck;
  • (f) a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine” in relation to a vehicle, means the engine by which it is propelled.
  • (21) Without prejudice to paragraphs (1) and (11), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 10 applies to the vehicle.
  • (22) Paragraph (21) shall not apply to—
  • (a) a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;
  • (b) a vehicle being driven to a place where it is to undergo repairs;
  • (c) an exempt vehicle within the meaning given by paragraph (26)(a);
  • (d) engineering plant, an industrial tractor or a works truck; and
  • (e) and first used before 1st August 1979.
  • (i) a goods vehicle of which the design gross weight is more than 3,000 kg but does not exceed 3,500 kg;
  • (ii) a small bus, constructed or adapted to carry more than 12 seated pasengers, used under a permit granted under section 10B of the Transport Act (Northern Ireland) 1967[^f00055]; and
  • (iii) a vehicle in Class III, IV or V within the meaning of the Motor Vehicle Testing Regulations (Northern Ireland) 1995[^f00056],
  • (23) For the purposes of this regulation—
  • (a) any rotary piston engine shall be deemed to be a four-stroke engine; and
  • (b) “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.
  • (24) Subject to Schedule 8, in this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which—
  • (a) is of a class specified in that item in column (2) of that Table,
  • (b) is first used on or after the date specified in that item in column (3) of that Table, and
  • (c) is not exempted by the entry in that item in column (5) of that Table and for the purposes of determining whether a vehicle is a vehicle to which any item numbered 8 or more in that Table applies, regulation 3(2) shall be disregarded.
  • (25) In this regulation, “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; and
  • (c) has a maximum gross weight not exceeding 2,500 kg.
  • (26) In Table II—
  • (a) “exempt vehicle” means—
  • (i) a vehicle with less than 4 wheels,
  • (ii) a vehicle with a maximum gross weight of less than 400 kg,
  • (iii) a vehicle with a maximum speed of less than 25 km/h, or
  • (iv) an agricultural motor vehicle;
  • (b) “direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combustion chamber;
  • (c) “indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber;
  • (d) a reference in column (5) to a vehicle complying with an item is reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).
(1) (2) (3) (4)
Item Class of vehicle Requirements Exemptions
1. Vehicles propelled by a compression ignition engine and equipped with a device designed to facilitate starting the engine by causing it to be supplied with excess fuel. Provision shall be made to ensure the device cannot readily be operated by a person inside the vehicle. a a works truck; b a vehicle on which the device is so designed and maintained that— i its use after the engine has started cannot cause the engine to be supplied with excess fuel, or ii it does not cause any increase in the smoke or visible vapour emitted from the vehicle.
2. Vehicles first used on or after 1st April 1973 and propelled by a compression ignition engine. The engine of the vehicle shall be of a type for which there has been issued by a person authorised by the Secretary of State for the Environment a type test certificate in accordance with the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under number BS AU 141a: 1971. In the case of an agricultural motor vehicle (other than one which is first used after 1st June 1986 and is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant, for the purposes of that Specification as to the exhaust gas opacity, measurements shall be made with the engine running at 80% of its full load over the speed range from maximum speed down to the speed at which maximum torque occurs as declared by the manufacturer of the vehicle for those purposes. a a vehicle manufactured before 1st April 1973 and propelled by an engine known as the Perkins 6.354 engine; b a vehicle propelled by an engine having not more than 2 cylinders and being an agricultural motor vehicle (other than one which is first used on or after 1st June 1986 and which is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant.
3. Vehicles first used on or after 1st January 1972 and propelled by a spark ignition engine other than a 2-stroke engine. The engine shall be equipped with means sufficient to ensure that, while the engine is running, any vapours or gases in the engine crank case, or in any other part of the engine to which vapours or gases may pass from that case, are prevented, so far as is reasonably practicable, from escaping into the atmosphere otherwise than through the combustion chamber of the engine. a a two-wheeled motor cycle with or without a sidecar attached; b a vehicle to which any item in Table II applies.
(1) (2) (3) (4)
--- --- --- ---
Item Class of Vehicle Date of First Use Design, construction and equipment
(a) Instrument
1. Vehicles propelled by a spark ignition engine. 1st October 1982. Community Directive 78/665 or ECE Regulation 15.03.
2. All vehicles. 1st April 1991. Community Directive 83/351 or ECE Regulation 15.04.
3. Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine. 1st April 1993. ECE Regulation 49.
4. Passenger vehicles which— are constructed or adapted to carry not more than 5 passengers excluding the driver, and have a maximum or gross weight of not more than 2,500 kg, not being off-road vehicles. 1st April 1991. Community Directive 88/76 or Community Directive 89/458. or ECE Regulation 83.
5. Vehicles which are not of a description specified in this column in item 4 but which— are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg, or are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg. 1st April 1992 1st April 1991. Community Directive 88/76 or ECE Regulation 83.
6. All vehicles propelled by compression ignition engines. 1st April 1991. Community Directive 88/77 or ECE Regulation 49.01
7. Passenger vehicles which— are constructed or adapted to carry not more than 5 passengers excluding the driver; have a maximum gross weight of not more than 2,500 kg; and are propelled by a compression ignition engine of the indirect injection type. 1st April 1999. Community Directive 88/436.
8. All vehicles. 31st December 1992. Community Directive 91/441 or ECE Regulation 83.01.
9. All vehicles propelled by a compression ignition engine. 1st October 1993. Community Directive 91/542 or ECE Regulation 49.02.
10. All vehicles propelled by a compression ignition engine. 1st October 1996. Community Directive 91/542 or ECE Regulation 49.02.
11. All vehicles. 1st October 1994. Community Directive 93/59.
12. All vehicles. 1st January 1997. Community Directive 94/12.
13. All vehicles. 1st October 1997. Community Directive 96/69.
14. Vehicles falling within— Class II or III, as specified in the Annex to Community Directive 96/69, of category N₁, or Category M and specified in footnote (2) of that Annex. 1st October 1998. Community Directive 96/69.
Note: References to categories M and N₁ are to those categories as specified in Annex II of the Framework Directive.

Closets, etc.

75
  • (1) A wheeled vehicle first used after 15th January 1931 shall not be equipped with a closet or urinal which can discharge directly on to a road.
  • (2) A tank, into which a closet or urinal with which a vehicle is equipped empties, and every closet or urinal which does not empty into a tank, shall contain chemicals which are non-inflammable and non-irritant and provide an efficient germicide.

Wings

76
  • (1) Subject to paragraph (4), this regulation applies to—
  • (a) invalid carriages;
  • (b) heavy motor cars, motor cars and motor cycles, not being agricultural motor vehicles or pedestrian-controlled vehicles;
  • (c) agricultural motor vehicles driven at more than 20 mph; and
  • (d) trailers.
  • (2) Subject to paragraphs (3) and (5), a vehicle to which this regulation applies, shall be equipped with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of its wheels or tracks unless adequate protection is afforded by the body of the vehicle.
  • (3) The requirements specified in paragraph (2) apply, in the case of a trailer with more than two wheels, only in respect of the rearmost two wheels.
  • (4) Those requirements do not apply to—
  • (a) a works truck;
  • (b) a living van;
  • (c) a water cart;
  • (d) an agricultural trailer drawn by a motor vehicle which is not driven at a speed in excess of 20 mph;
  • (e) an agricultural trailed appliance;
  • (f) an agricultural trailed appliance conveyor;
  • (g) a broken down vehicle;
  • (h) a heavy motor car, motor car or trailer in an unfinished condition which is proceeding to a workshop for completion;
  • (i) a trailer used for or in connection with the carriage of round timber and the rear wheels of any heavy motor car or motor car drawing a semi-trailer so used;
  • (j) a trailer drawn by a motor vehicle the maximum speed of which is restricted to 20 mph or by virtue of the provisions of the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989[^f00057].
  • (5) Instead of complying with paragraph (2) a vehicle may comply with Community Directive 78/549.

Spray suppression devices

77
  • (1) Subject to paragraph (2), this regulation applies to every wheeled goods vehicle which is—
  • (a) a motor vehicle first used on or after 1st April 1986 having a maximum gross weight exceeding 12,000 kg;
  • (b) a trailer manufactured on or after 1st May 1985 having a maximum gross weight exceeding 3,500 kg; or
  • (c) a trailer, whenever manufactured, having a maximum gross weight exceeding 16,000 kg and two or more axles.
  • (2) This regulation does not apply to—
  • (a) a motor vehicle so constructed that the driving power of its engine is or can by use of its controls be, transmitted to all the wheels on at least one front axle and on at least one rear axle;
  • (b) a motor vehicle of which no part which lies within the specified area is less than 400 mm vertically above the ground when the vehicle is standing on reasonably flat ground;
  • (c) a works truck;
  • (d) a works trailer;
  • (e) a broken down vehicle;
  • (f) a motor vehicle which has a maximum speed not exceeding 30 mph;
  • (g) a vehicle of a kind specified in sub-paragraphs (b) to (h), (j), (k), (o) or (p) of regulation 60(2);
  • (h) a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete; or
  • (i) a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with the requirements specified in paragraph (4).
  • (3) This regulation shall not apply to a vehicle fitted with a spray-suppression system in accordance with the requirements of Annex III of Community Directive 91/226 if the spray suppression devices with which the vehicle is equipped are legibly and permanently marked with a designated approval mark.
  • (4) A vehicle to which this regulation applies and which is of a class specified in an item in column 2 of the Table shall not be used on a road on or after the date specified in column 3 in that item, unless it is fitted in relation to the wheels on each of its axles, with such containment devices as satisfy the technical requirements and other provisions about containment devices specified in the British Standard Specification provided that in the case of a containment device fitted before 1st January 1985 the said requirements shall be deemed to be complied with if that containment device substantially conforms to those requirements.
(1) (2) (3)
Item Class of vehicle Date
1. A trailer manufactured before 1st January 1975. 1st April 1990
2. A trailer manufactured on or after 1st January 1975 but before 1st May 1985 1st October 1990
3. A trailer manufactured on or after 1st May 1985. 1st April 1990
4. A motor vehicle 1st April 1990
  • (5) In this regulation—
  • “the British Standard Specification” means— in relation to a containment device fitted before 1st May 1987, Part la of the amended Specification and Part 2 of the original Specification; and in relation to a containment device fitted on or after 1st May 1987, Part la and Part 2a of the amended Specification;
  • “designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 30 in Schedule 4 to those Regulations;
  • “the original Specification” means the British Standard Specification for Spray Reducing Devices for Heavy Goods Vehicles published under the reference BS AU 200: Part 1: 1984 and BS AU 200: Part 2: 1984;
  • “the amended Specification” means the original Specification as amended and published under the reference BS AU 200: Part 1a: 1986 and BS AU 200: Part 2a: 1986;
  • “containment device” means any device so described in the original Specification or the amended Specification;
  • “the specified area” means the area formed by the overall length of the vehicle and the middle 80% of the shortest distance between the inner edges of any two wheels on opposite sides of the vehicle (such distance being ascertained when the vehicle is fitted with suitable tyres inflated to a pressure recommended by the manufacturer, but excluding any bulging of the tyres near the ground).
  • (6) This regulation does not derogate from any requirement specified in regulation 76.

Maintenance of spray suppression devices

78

Every part of a containment device with which a vehicle is required to be fitted by regulation 77 shall when the vehicle is on a road be maintained free from obvious defects which would be likely to affect adversely the effectiveness of the device.

Part III — Plates, Markings, Testing and Inspection

Plates for goods vehicles and buses

79
  • (1) This regulation applies to—
  • (a) a wheeled heavy motor car or motor car first used on or after 1st January 1968 not being—
  • (i) a dual-purpose vehicle;
  • (ii) an agricultural motor vehicle;
  • (iii) a works truck;
  • (iv) a pedestrian-controlled vehicle; or
  • (v) save as provided in sub-paragraph (b), a passenger vehicle;
  • (b) a bus first used on or after 1st November 1983;
  • (c) a wheeled locomotive or motor tractor first used on or after 31st December 1976 not being—
  • (i) an agricultural motor vehicle;
  • (ii) an industrial tractor;
  • (iii) a works truck;
  • (iv) engineering plant; or
  • (v) a pedestrian-controlled vehicle;
  • (d) a wheeled trailer manufactured on or after 1st January 1968 which exceeds 1,020 kg in weight unladen not being—
  • (i) a trailer not constructed or adapted to carry any load, other than plant or special appliances or apparatus which is a permanent or essentially permanent fixture, and not exceeding 2,290 kg in total weight;
  • (ii) a living van not exceeding 2,040 kg in weight unladen and fitted with pneumatic tyres;
  • (iii) a works trailer;
  • (iv) a trailer mentioned in regulation 21(3)(b) to (g); or
  • (v) a trailer which was manufactured and used outside the United Kingdom before it was first used in Northern Ireland; and
  • (e) a converter dolly manufactured on or after 1st October 1990.
  • (2) A vehicle to which this regulation applies shall be equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position which either—
  • (a) contains the particulars required, in the case of a motor vehicle, by Part I of Schedule 11 or, in the case of a trailer, by Part II of that Schedule, and complies with Part III of that Schedule; or
  • (b) complies with the requirements specified in the Annex to Community Directive 78/507 or, in the case of a vehicle first used before 1st October 1982, in the Annex to Community Directive 76/114, such requirements being in any case modified as provided in paragraph (3).
  • (3) Instead of the particulars required by items 2.1.4 to 2.1.7 of that Annex, the plate required by paragraph (2)(b) shall show, for a vehicle of a class specified in column 2 of the Table against an item of that Annex so specified in column 1, the following particulars—
  • (a) the maximum permitted weight for that class, if any, shown in column 3 of the Table;
  • (b) where the maximum weight shown in column 4 of the Table exceeds the maximum permitted weight, the maximum weight in a column on the plate to the right of the maximum permitted weight; and
  • (c) if no weight is shown in column 3 of the Table, the maximum weight shown in column 4 of the Table, in the right hand column of the plate.
(1) (2) (3) (4)
Item in Annex to Directive Class of vehicle Maximum permitted weight Maximum weight
2.1.4 (Laden weight of vehicle) i Motor vehicles; The maximum gross gross weight in Great Britain referred to in item 10 in Part I of Schedule 11 The maximum weight referred to in item 7 in Part I of Schedule 11
ii Trailers, other The maximum gross weight in the United Kingdom referred to in item 8 in Part II of Schedule 11 The maximum than semi-trailers; gross weight referred to in item 6 in Part II of Schedule 11
iii Semi-trailers The maximum gross weight referred to in item 6 in Part II of Schedule 11
2.1.5 (Train weight of motor vehicle) Motor vehicles constructed to draw a trailer The lower of— the maximum train weight referred to in item 8 in Part I of Schedule 11; and the maximum laden weight specified in the case of vehicles constructed to form part of an articulated vehicle, in regulation 89, and in other cases, in regulation 88 The maximum train weight referred to in item 8 in Part I of Schedule 11
2.1.6 (Axle weight of vehicle) i Motor vehicles; The maximum weight in Great Britain for each axle, referred to in item 9 in Part I of Schedule 11 The maximum weight for each axle, referred to in item 6 in Part I of Schedule 11
ii Trailers The maximum weight in the United Kingdom for each axle referred to in item 7 in Part II of Schedule 11 The maximum weight for each axle, referred to in item 6 in Part II of Schedule 11
2.1.7 (Load imposed by semi-trailer) Semi-trailers The maximum load imposed on the drawing vehicle, referred to in item 5 in Part II of Schedule 11
  • (4) Part III of Schedule 11 applies for determining the relevant weights to be shown on a plate in accordance with this regulation.
  • (5) Where in accordance with the provisions of this regulation and of Schedule 7, a motor vehicle first used, or a trailer manufactured, after 19th July 1999, is required to be equipped with a plate showing the maximum gross weight and the train weight in the United Kingdom, and the maximum weight in the United Kingdom for each axle of the vehicle, the plate may instead show particulars of the maximum authorised weight for the vehicle and the maximum authorised weight for each axle of the vehicle.
  • (6) In paragraph (5) the references to the maximum authorised weight for a vehicle, and maximum authorised weight for the axle of a vehicle mean those weights determined in accordance with the Motor Vehicles (Authorised Weights) Re gulations (Northern Ireland) 1999[^f00058].
  • (7) The plate for a vehicle which falls within paragraph (1)(a) and which is a motor vehicle first used after 19th July 1999 need not include the particulars referred to in paragraph 9 or 10 of Part I of Schedule 11.

Vehicle identification numbers

80
  • (1) This regulation applies to a wheeled vehicle which is first used on or after 22nd June 1987 and to which the Northern Ireland Regulations apply.
  • (2) A vehicle to which this regulation applies shall be equipped with a plate which is in a conspicuous and readily accessible position, is affixed to a vehicle part which is not normally subject to replacement and shows clearly and indelibly—
  • (a) the vehicle identification number in accordance with the requirements specified—
  • (i) in the case of a vehicle first used before 1st October 1991, in paragraphs 3.1.1 and 3.1.2 of the Annex to Community Directive 76/114/EEC;
  • (ii) in any case, in sections 3 and 4 of the Annex to Community Directive 78/507/EEC;
  • (b) the name of the manufacturer; and
  • (c) the approval reference number of either—
  • (i) the type approval certificate which relates to the vehicle model or the model variant of the vehicle model, as the case may be, issued in accordance with regulation 9(1) of, and Part I or II of Schedule 3 to, the Northern Ireland Regulations; or
  • (ii) the Department’s approval certificate which relates to the vehicle, issued in accordance with regulation 9(2) of, and Part I or II of Schedule 4 to, those Regulations.
  • Provided that the information required to be shown under sub-paragraph (c) may be shown clearly and indelibly on an additional plate which is fitted in a conspicuous and readibly accessible position and which is affixed to a vehicle part which is not normally subject to replacement.
  • (3) The vehicle identification number of a vehicle to which this regulation applies shall be marked on the chassis, frame or other similar structure, on the offside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.

Plates — agricultural trailed appliances

81
  • (1) Subject to paragraph (3), a wheeled agricultural trailed appliance manufactured on or after 1st December 1985 shall be equipped with a plate which is affixed to the vehicle in a conspicuous and readily accessible position clearly and indelibly marked with the particulars specified in paragraph (2).
  • (2) Those particulars are—
  • (a) the name of the manufacturer of the appliance;
  • (b) the year in which the appliance was manufactured;
  • (c) the maximum gross weight;
  • (d) the unladen weight; and
  • (e) the maximum load which would be imposed by the appliance on the drawing vehicle.
  • (3) In the case of a towed roller consisting of several separate rollers used in combination, a single plate shall satisfy the requirement specified in paragraph (2).

Plates — motor cycles

82
  • (1) This regulation applies to a motor cycle first used on or after 1st August 1977 which is not—
  • (a) propelled by an internal combustion engine with a cylinder capacity exceeding 150 cc if the vehicle was first used before 1st January 1982 or 125 cc if it was first used on or after 1st January 1982;
  • (b) a mowing machine; or
  • (c) a pedestrian-controlled vehicle.
  • (2) A vehicle to which this regulation applies shall be equipped with a plate which is securely affixed to the vehicle in a conspicuous and readily accessible position and which complies with the requirements of Schedule 12.

Plates — vehicles fitted with speed limiters

83
  • (1) This regulation applies to every vehicle to which regulation 41 or 42 applies and which is fitted with a speed limiter.
  • (2) Every vehicle to which this regulation applies shall be equipped with a plate which meets the requirements specified in paragraph (3).
  • (3) Subject to regulation 43(8), the requirements are that the plate is in a conspicuous position in the driving compartment of the vehicle and is clearly and indelibly marked with the speed at which the speed limiter has been set.

Plate relating to dimensions

84
  • (1) This regulation applies to a vehicle which is either—
  • (a) a bus or a heavy motor car and which was manufactured after 19th April 1999; or
  • (b) a trailer used in combination with a vehicle falling within paragraph (a) and manufactured after 19th April 1999.
  • (2) A vehicle to which this regulation applies shall not be used unless—
  • (a) the vehicle is equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position and containing the particulars as to the dimensions of the vehicle specified in Annex III of Community Directive 96/53/EC[^f00059]; or
  • (b) those particulars are included in the particulars shown on the plate with which the vehicle is equipped in accordance with regulation 79.

Marking of weights on certain vehicles

85
  • (1) This regulation applies to a vehicle (other than an agricultural motor vehicle which is either a track-laying vehicle not exceeding 3,050 kg in unladen weight or a wheeled vehicle) which is—
  • (a) a locomotive;
  • (b) a motor tractor; or
  • (c) an unbraked wheeled trailer, not being a vehicle mentioned in regulation 21(3)(b), (c), (d), (e), (f), (g), (h) or (i).
  • (2) There shall be plainly marked in a conspicuous place on the outside of a vehicle to which this regulation applies, on its nearside—
  • (a) if it is a vehicle falling in paragraph (1)(a), (b) or (c), its unladen weight; and
  • (b) if it is a vehicle falling in paragraph (1)(c), its maximum gross weight.

Marking of date of manufacture of trailers

86
  • (1) This regulation applies to a trailer that—
  • (a) is not a motor vehicle;
  • (b) is manufactured on or after 1st January 2000; and
  • (c) has a total design axle weight not exceeding 750 kg.
  • (2) The date of manufacture of every trailer to which this regulation applies shall be marked on the chassis, frame or other similar structure on the nearside of the vehicle, in a clearly visible and accessible position, and by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.

Part IV — Conditions Relating to Use

A — — Laden Weight

Maximum permitted laden weight of a vehicle

87
  • (1) Subject to paragraph (2), the laden weight of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum permitted laden weight specified in that item in column 3.
  • (2) The maximum permitted laden weight of a vehicle first used before 1st June 1973 which falls in item 1 or 2 shall not be less than would be the case if the vehicle fell in item 9.
(1) (2) (3)
Item Class of vehicle Maximum permitted laden weight (kg)
1. A wheeled heavy motor car or motor car which does not fall in items 2, 3, 5 or 6 and which complies with the relevant braking requirement (see regulation 90(3) to (6) in relation to buses). The weight determined in accordance with Part I of Schedule 13
2. A wheeled heavy motor car or motor car which does not fall in items 3, 5 or 6, which complies with the relevant braking requirement and in which— every driving axle not being a steering axle is fitted with twin tyres; and either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 9,500 kg. The weight determined in accordance with Part II of Schedule 13
3. A wheeled heavy motor car or motor car (not being an agricultural motor vehicle) which forms part of an articulated vehicle and which complies with the relevant braking requirement. The weight specified in column (5) in Part III of Schedule 13 in the item which is appropriate, having regard to columns (2), (3) and (4) in that Part
4. A wheeled trailer, including a composite trailer but not including a semi-trailer, which is drawn by a motor tractor, heavy motor car or motor car which complies with the relevant braking requirement, other than a trailer which falls in items 7, 8, 9 or 12. As in item 1
5. An articulated bus (see regulation 90(3) to (5)). 27,000
6. A wheeled agricultural motor vehicle. As in item 1, but subject to a maximum of 24,390
7. A balanced agricultural trailer, as defined in paragraph (5), which does not fall in items 9, 12 or 17. As in item 1, but subject to a maximum of 18,290
8. An unbalanced agricultural trailer, as defined in paragraph (5) which does not fall in items 9, 12 or 17. 18,290 inclusive of the weight imposed by the trailer on the drawing vehicle
9. A wheeled trailer manufactured on or after 27th February 1977 and fitted with brakes which automatically come into operation on the overrun of the trailer (whether or not it is fitted with any other brake), except an agricultural trailer which is being drawn by an agricultural motor vehicle, which complies with the requirements specified in items 3, 14 and 17 in the Table in Schedule 2 and the brakes of which can be applied either by the driver of the drawing vehicle or by some other person on that vehicle or on the trailer. 3,500
10. A wheeled heavy motor car or motor car which does not fall in items 1, 3, 5 or 6— with not more than 4 wheels, 14,230
b with more than 4 but not more than 6 wheels, 20,330
c with more than 6 wheels. 24,390
11. A wheeled trailer which does not fall in items 4, 7, 8, 9 or 12 having less than 6 wheels, and not forming part of an articulated vehicle; and an agricultural trailed appliance. 14,230
12. A trailer manufactured before 27th February 1977 and having no brakes other than— a parking brake, and brakes which come into operation on the overrun of the trailer. 3,560
13. A wheeled locomotive, which does not fall in item 6, which is equipped with suitable and sufficient springs between each wheel and the vehicle’s frame and with a pneumatic tyre or a tyre of soft or elastic material fitted to each wheel— if having less than 6 wheels; 22,360
b if having 6 wheels; 26,420
c if having more than 6 wheels. 30,490
14. A track-laying locomotive with resilient material interposed between the rims of the weight-carrying rollers and the road so that the weight of the vehicle (other than that borne by any wheels and the portion of the track in contact with the road) is supported by the resilient material. 22,360
15. A locomotive which does not fall in items 6, 13 or 14. 20,830
16. A track-laying heavy motor car or motor car. 22,360
17. A track-laying trailer 13,210
  • (3) The maximum total weight of all trailers, whether laden or unladen, drawn at any one time by a locomotive shall not exceed 44,000 kg.
  • (4) Nothing in items 1 or 2 of the Table shall prevent a vehicle being used on a road if—
  • (a) that vehicle, on or before 31st December 1992, is equipped with a plate in accordance with regulation 79; and
  • (b) the laden weight of the vehicle does not exceed the weight shown on that plate.
  • (5) In this Part and in Schedule 13—
  • “air spring” means a spring operated by means of air or other compressible fluid under pressure;
  • “air suspension” means a suspension system in which at least 75 per cent of the spring effect is caused by an air spring;
  • “balanced agricultural trailer” means an agricultural trailer the whole of the weight of which is borne by its own wheels; and
  • “unbalanced agricultural trailer” means an agricultural trailer of which some, but not more than 35%, of the weight is borne by the drawing vehicle and the rest of the weight is borne by its own wheels.
  • (6) For the purposes of this Part and Schedule 13, an axle shall be regarded as fitted with a road friendly suspension if its suspension is——
  • (a) an air suspension, or
  • (b) a suspension, not being an air suspension, which is regarded as being equivalent to an air suspension for the purposes of Community Directive 92/7.
  • (7) For the purposes of this Part and Schedule 13, an axle shall be regarded as fitted with twin tyres if it would be regarded as fitted with twin tyres for the purposes of Community Directive 92/7.

Maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle

88
  • (1) The total laden weight of a motor vehicle and the trailers (other than semi-trailers) drawn by it shall not, in a case specified in an item in column 2 of the Table, exceed the maximum permitted train weight specified in that item in column 3.
  • (2) This regulation is subject to Schedule 14 (exemptions relating to combined transport operations).
  • (3) In this regulation, the expressions “road friendly suspension”, “twin tyres” and “unbalanced agricultural trailer” shall be construed in accordance with regulation 85(5), (6) and (7).
(1) (2) (3)
Item Vehicle combination Maximum permitted train weight (kg)
1. A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where— the combination has a total of 4 or more axles and is being used for international transport; and the drawing vehicle is a vehicle which was first used on or after 1st April 1973 and complies with the relevant braking requirement. 35,000
2. A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 4 axles and the following conditions are satisfied in relation to the drawing vehicle, namely— it was first used on or after 1st April 1973; it complies with the relevant braking requirement; every driving axle not being a steering axle is fitted with twin tyres; and every driving axle is fitted with road friendly suspension. 35,000
3. A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 5 or more axles and the following conditions are satisfied in relation to the drawing vehicle, namely— it was first used on or after 1st April 1973; it complies with the relevant braking requirement; every driving axle not being a steering axle is fitted with twin tyres; and either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500 kg. 38,000
4. A wheeled trailer, not being part of a combination described in items 1, 2 or 3, which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where— the trailer is fitted with power-assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of its engine; and the drawing vehicle is equipped with a warning device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system. 32,520
5. A wheeled trailer which is of a description specified in item 8 in the Table of regulation 87 drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), the drawing vehicle being a vehicle which— was first used on or after 1st April 1973; and complies with the relevant braking requirement. 29,500
6. A wheeled agricultural motor vehicle drawing a wheeled unbalanced agricultural trailer, if the distance between the rearmost axle of the trailer and the rearmost axle of the drawing vehicle does not exceed 2.9 m. 20,000
7. A wheeled trailer or trailers drawn by a wheeled motor tractor, heavy moto rcar, motor car or agricultural motor vehicle, not being a combination of vehicles mentioned in items 1, 2, 3, 4, 5 or 6. 24,390
8. A track-laying trailer drawn by a motor tractor, heavy motor car or motor car whether wheeled or track-laying and a wheeled trailer, drawn by a track-laying vehicle being a motor tractor, heavy motor car or motor car. 22,360

Maximum permitted laden weight of an articulated vehicle

89
  • (1) Subject to paragraph (2), the laden weight of an articulated vehicle of a class specified in an item in column 2 of the Table shall not exceed the weight specified in column 3 in that item.
(1) (2) (3)
Item Class of vehicle Maximum permitted laden weight (kg)
1. An articulated vehicle which complies with the relevant braking requirement. Whichever is the lower of— the weight specified in column (3) of Part IV of Schedule 13 in the item in which the spacing between the rearmost axles of the motor vehicle and the semi-trailer is specified in column (2); and if the vehicle is of a type specified in an item in column (2) of Part V of Schedule 13, the weight specified in column (3) of that item.
2. An articulated vehicle which does not comply with the relevant braking requirement if the trailer has— less than 4 wheels, 20,330
b 4 wheels or more. 24,390
  • (2) This regulation does not apply to an agricultural motor vehicle, an agricultural trailer or an agricultural trailed appliance.
  • (3) This regulation is subject to Schedule 14 (exemptions relating to combined transport operations).
  • (4) In Part V of Schedule 13, “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 87(6) and (7).

Maximum permitted wheel and axle weights

90
  • (1) The weight transmitted to the road surface by one or more wheels of a vehicle in the manner indicated in an item to which column 2 of the Table applies shall not exceed the maximum permitted weight specified in that item in column 3.
  • (2) The Parts of the Table have the following application—
  • (a) Part I applies to wheeled heavy motor cars, motor cars and trailers which comply with the relevant braking requirement and to wheeled agricultural motor vehicles, agricultural trailers and agricultural trailed appliances; items 1(b) and 2 also apply to buses;
  • (b) Part II applies to wheeled heavy motor cars, motor cars and trailers which do not fall in Part I;
  • (c) Part III applies to wheeled locomotives; and
  • (d) Part IV applies to track-laying vehicles.
(1) (2) (3)
Item Manner in which wheels transmit weight to road Maximum permitted weight (kg)
1. Two wheels in line transversely each of which is fitted with a wide tyre or with two pneumatic tyres having the centres of their areas of contact with the road not less than 300 mm apart, measured at right angles to the longitudinal axis of the vehicle— if the wheels are on the sole driving axle of a motor vehicle not being a bus; 10,500
b if the vehicle is a bus which has 2 axles and of which the weight transmitted to the road surface by its wheels is calculated in accordance with regulation 90(5); and 10,500
c in any other case. 10,170
2. Two wheels in line transversely otherwise than as mentioned in item 1. 9,200
3. More than two wheels in line transversely— in the case of a vehicle manufactured before 1st May 1983 where the wheels are on one axle of a group of closely spaced axles; 10,170
b in the case of a vehicle manufactured on or after 1st May 1983; and 10,170
c in any other case. 11,180
4. One wheel not transversely in line with any other wheel— if the wheel is fitted as described in item 1; and 5,090
b in any other case. 4,600
(1) (2) (3)
--- --- ---
Item Manner in which wheels transmit weight to road Maximum permitted weight (kg)
5. More than two wheels transmitting weight to a strip of the road surface on which the vehicle rests contained between two parallel lines at right angles to the longitudinal axis of the vehicle— less than 1.02 m apart; 11,180
b 1.02 m or more apart but less than 1.22 m apart; or 16,260
c 1.22 m or more apart but less than 2.13 m apart. 18,300
6. Two wheels in line transversely. 9,200
7. One wheel, where no other wheel is in the same line transversely. 4,600
(1) (2) (3)
--- --- ---
Item Manner in which wheels transmit weight to road Maximum permitted weight (kg)
8. Two wheels in line transversely (except in the case of a road roller, or a vehicle with not more than four wheels first used before lst June 1955). 11,180
9. Any two wheels in the case of a wheeled locomotive having not more than four wheels first used before 1st June 1955 (not being a road roller or an agricultural motor vehicle which is not driven at more than 20 mph). Three quarters of the total weight of the locomotive.
(1) (2) (3)
--- --- ---
Item Manner in which wheels transmit weight to road Maximum permitted weight (kg)
10. The weight of a heavy motor car, motor car or trailer transmitted to any strip of the road surface on which the vehicle rests contained between two parallel lines 0.6 m apart at right angles to the longitudinal axis of the vehicle. 10,170
11. Two wheels in line— heavy motor cars or motor cars with 2 wheels, 8,130
b heavy motor cars or motor cars with more than 2 wheels. 7,630
12. One wheel, where no other wheel is in the same line transversely, on a heavy motor car or a motor car. 4,070
  • (3) Subject to paragraph (4), in the case of a bus first used before 1st October 1991, the laden weight, for the purposes of regulation 87, and the weight transmitted to the road surface by wheels of the vehicle, for the purposes of items 1 and 2 of the Table in this regulation, shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—
  • (a) a full supply of water, oil and fuel; and
  • (b) weights of 63.5 kg for each person (including crew)—
  • (i) for whom a seat is provided, in the position in which he may be seated; and
  • (ii) who may under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be carried, save that, in the case of a bus, only the number of such persons exceeding 8 shall be taken into account.
  • (4) The weights for the purposes referred to in paragraph (3) may, in the case of a bus to which that paragraph applies, be calculated in accordance with paragraph (5) instead of paragraph (3).
  • (5) In the case of a bus first used on or after 1st October 1991, the weights for the purposes referred to in paragraph (3) shall be calculated with reference to the vehicle when it is complete and fully equipped for service with—
  • (a) a full supply of water, oil and fuel;
  • (b) a weight of 65 kg for each person (including crew)—
  • (i) for whom a seat is provided, in the position in which he may be seated; and
  • (ii) who may under any enactment be carried standing, the total of such weights being reasonably distributed in the space in which such persons may be so carried, save that, in the case of a bus, only the number of such persons exceeding 4 shall be taken into account;
  • (c) all luggage space within the vehicle but not within the passenger compartment loaded at the rate of 100 kg per m³ or 10 kg per person mentioned in sub-paragraph (b), whichever is the less; and
  • (d) any area of the roof of the vehicle constructed or adapted for the storage of luggage loaded with a uniformly distributed load at the rate of 75 kg per m².
  • (6) Regulation 87 shall not apply to a two axle bus if—
  • (a) its laden weight as calculated in accordance with paragraph (5) does not exceed 17,000 kg; and
  • (b) the distance between the two axles is at least 3.0 m.

Maximum permitted weights for certain closely-spaced axles, etc.

91
  • (1) This regulation applies to—
  • (a) a wheeled motor vehicle which complies with the relevant braking requirement;
  • (b) a wheeled trailer which is drawn by such a vehicle; and
  • (c) an agricultural motor vehicle, an agricultural trailer and an agricultural trailed appliance.
  • (2) Subject to paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part VI of Schedule 13 and has two closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the maximum permitted weight specified in column 3 of that item.
  • (3) Subject to paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part VII of Schedule 13 and has three closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the weight specified in column 3.
  • (4) Subject to paragraph (5), where a vehicle is fitted with four or more closely-spaced axles, the weight transmitted to the road surface by all the wheels of those axles shall not exceed 24,000 kg.
  • (5) The prohibition in paragraphs (2), (3) and (4) shall not apply to a vehicle, first used before 1st June 1973, being used on a road at a weight at which as respects those axles it could be used if it fell within item 5 in the Table in regulation 90 and nothing in those paragraphs shall prevent a vehicle being used on a road if—
  • (a) that vehicle, on or before 31st December 1992, is equipped with a plate in accordance with regulation 79; and
  • (b) the laden weight of the vehicle does not exceed the weight shown on that plate.
  • (6) In Parts VI and VII of Schedule 13, “air-suspension”, “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 87(5), (6) and (7).

Saving for the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999

92

Nothing in regulations 87 to 91 shall be taken to prohibit the use of a vehicle in circumstances where the maximum authorised weight for the vehicle, for any vehicle combination of which the vehicle forms part and for any axle of the vehicle, as determined in accordance with the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999[^f00060], is not exceeded.

Over-riding weight restrictions

93
  • (1) Subject to paragraphs (2) and (4), a person shall not use, or cause or permit to be used, on a road a vehicle—
  • (a) fitted with a plate in accordance with regulation 79, if any of the weights shown on the plate is exceeded; or
  • (b) required by regulation 81 to be fitted with a plate, if the maximum gross weight referred to in paragraph (2)(c) of that regulation is exceeded.
  • (2) Where any two or more axles are fitted with a compensating arrangement in accordance with regulation 28(3) the sum of the weights shall not be exceeded.
  • (3) Subject to paragraph (4), nothing in regulations 87 to 91 or in the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 shall permit any weight referred to in paragraphs (1) and (2) to be exceeded and nothing in this regulation shall permit any weight prescribed by regulations 87 to 91 or in the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 in relation to a vehicle to be exceeded.
  • (4) Paragraph (1) shall not apply where a vehicle is used on a road before 20th July 2000 if—
  • (a) the vehicle is fitted with a plate in accordance with regulation 79(2) and the maximumgross weight, train weight and the maximum weight for any axle are not exceeded; and
  • (b) the maximum authorised weight for the vehicle, maximum authorised weight for a combination of which the vehicle forms part and maximum authorised weight for any axle of the vehicle, determined in accordance with the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 and the maximum gross weight are not exceeded.
  • (5) Paragraph (3) shall not apply in respect of item 11 in Part I of Schedule 11 to a vehicle being used in a combined transport operation and the requirements set out in Part II or Part III, as the case may be, of Schedule 14 are fulfilled.

B — — Dimensions of Laden Vehicles

Restrictions on use of vehicles carrying wide or long loads or having fixed appliances or apparatus

94
  • (1) For the purposes of this regulation and Schedule 15—
  • (a) “lateral projection”, in relation to a load carried by a vehicle, means that part of the load which extends beyond a side of the vehicle;
  • (b) the width of any lateral projection shall be measured between the longitudinal planes passing through the extreme projecting point of the vehicle on that side on which the projection lies and that part of the projection furthest from that point;
  • (c) references to a special appliance or apparatus, in relation to a vehicle, are references to any crane or other special appliance or apparatus fitted to the vehicle which is a permanent or essentially permanent fixture;
  • (d) “forward projection” and “rearward projection”—
  • (i) in relation to a load carried in such a manner that its weight rests on is borne by only one vehicle, mean respectively that part of the load which extends beyond the foremost point of the vehicle and that part which extends beyond the rearmost point of the vehicle;
  • (ii) in relation to a load carried in such a manner that part of its weight rests on is borne by more than one vehicle, mean respectively that part of the load which extends beyond the foremost point of the foremost vehicle by which the load is carried and that part of the load which extends beyond the rearmost point of the rearmost vehicle by which the load is carried; and
  • (iii) in relation to any special appliance or apparatus, mean respectively that part of the appliance or apparatus which, if it were deemed to be a load carried by the vehicle, would be a part of a load extending beyond the foremost point of the vehicle and that part which would be a part of a load extending beyond the rearmost point of the vehicle, and references in Schedule 15 to a forward projection or to a rearward projection in relation to a vehicle shall be construed accordingly;
  • (e) the length of any forward projection or of any rearward projection shall be measured between transverse planes passing—
  • (i) in the case of a forward projection, through the foremost point of the vehicle and that part of the projection furthest from that point; and
  • (ii) in the case of a rearward projection, through the rearmost point of the vehicle and that part of the projection furthest from that point.

In this sub-paragraph and sub-paragraph (d)(i) and (ii) “vehicle” does not include any special appliance or apparatus or any part thereof which is a forward projection or a rearward projection;

  • (f) references to the distance between vehicles, in relation to vehicles carrying a load, are references to the distance between the nearest points of any two adjacent vehicles by which the load is carried, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

For the purposes of this sub-paragraph, in determining the nearest point of two vehicles any part of either vehicle designed primarily for use as a means of attaching one vehicle tothe other and any fitting designed for use in connection with any such part shall be disregarded;

  • (g) references to a combination of vehicles, in relation to a motor vehicle which is drawing one or more trailers, are references to the motor vehicle and the trailers drawn thereby, including any other motor vehicle which is used for the purpose of assisting in the propulsion of the trailers on the road;
  • (h) the overall length of a combination of vehicles shall be taken as the distance between the foremost point of the drawing vehicle comprised in the combination and the rearmost point of the rearmost vehicle comprised therein, measured when the longitudinal axis of each vehicle comprised in the combination lies in the same vertical plane;
  • (i) the extreme projecting point of a vehicle is the point from which the overall width of the vehicle is calculated in accordance with the definition of overall width in regulation 2(1);
  • (j) without prejudice to sub-paragraph (e) the foremost or, as the case may be, the rearmost point of a vehicle is the foremost or rearmost point from which the overall length of the vehicle is calculated in accordance with the definition of overall length in regulation 2(1); and
  • (k) an agricultural, horticultural or forestry implement rigidly but not permanently mounted on an agricultural motor vehicle, agricultural trailer or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels, shall not be treated as a load, or special appliance, on that vehicle.
  • (2) A load shall not be carried on a vehicle so that the overall width of the vehicle together with the width of any lateral projection or projections of its load exceeds 4.3 m.
  • (3) Subject to paragraphs (4) to (14) a load shall not be carried on a vehicle so that—
  • (a) the load has a lateral projection on either side exceeding 305 mm; or
  • (b) the overall width of the vehicle and of any lateral projection of its load exceeds 2.9 m.
  • (4) Paragraph (3) does not apply to the carriage of—
  • (i) loose agricultural produce not baled or crated; or
  • (ii) an indivisible load if—
  • (A) it is not reasonably practicable to comply with this paragraph and the conditions specified in paragraphs 1 and 5 of Part I of Schedule 15 are complied with; and
  • (B) where the overall width of the vehicle together with the width of any lateral projection of its load exceeds 3.5 m, the conditions specified in paragraph 2 of Part I of Schedule 15 are complied with.
  • (5) Where a load is carried so that its weight rests on a vehicle the length specified in paragraph (7) shall not exceed 27.4 m.
  • (6) A load shall not be carried so that its weight is borne by a vehicle or vehicles if either—
  • (a) the length specified in paragraph (7) exceeds 18.65 m; or
  • (b) the load is borne by a trailer or trailers and the length specified in paragraph (8) exceeds 25.9 m, unless the conditions specified in paragraphs 1 and 2 of Part I of Schedule 15 are complied with.
  • (7) The length referred to in paragraphs (5) and (6)(a) is—
  • (a) where the load rests on weight of the load is borne by a single vehicle, the overall length of the vehicle together with the length of any forward and rearward projection of the load;
  • (b) where the load rests on weight of the load is borne by a motor vehicle and one trailer, whether or not forming an articulated vehicle, the overall length of the trailer together with the length of any projection of the load in front of the foremost point of the trailer and of any rearward projection of the load; and
  • (c) in any other case, the overall length of all the vehicles on which the load rests which bear the weight of the load, together with the length of any distance between them and of any forward or rearward projection of the load.
  • (8) The length referred to in paragraph (6)(b) is the overall length of the combination of vehicles, together with the length of any forward or rearward projection of the load.
  • (9) Subject to paragraphs (10) to (14) a person shall not use, or cause or permit to be used, on a road a vehicle, not being a straddle carrier, carrying a load or fitted with a special appliance or apparatus if the load, appliance or apparatus has a forward projection of a length specified in an item in column 2 of the Table, or rearward projection of a length specified in an item in column 3, unless the conditions in the paragraphs specified in that item in column 4 are complied with.
(1) (2) (3) (4) (4)
Item Length of forward projection Length of rearward projection Conditions to be complied with Conditions to be complied with
(a) If the load consists of a racing boat propelled solely by oars (b) In any other case
1. Exceeding 1 m but not exceeding 2 m — Para 4 of Part I of Schedule 15 —
2. Exceeding 2 m but not exceeding 3.05 m — Para 4 of Part I of Schedule 15 Paras 2 and 3 of Part I of Schedule 15
3. Exceeding 3.05 m. — Paras 1 and 4 of Part I of Schedule 15 Paras 1, 2 and 3 of Part I of Schedule 15
4. — Exceeding 1 m but not exceeding 2 m Para 4 of Part I of Schedule 15 Para 4 of Part I of Schedule 15
5. — Exceeding 2 m but not exceeding 3.05 m Para 4 of Part I of Schedule 15 Para 3 of Part I of Schedule 15
6. — Exceeding 3.05 m Paras 1 and 4 of Part I of Schedule 15 Paras 1, 2 and 3 of Part I of Schedule 15
  • (10) Subject to paragraphs (11) to (14) a person shall not use, or cause or permit to be used, on a road a straddle carrier carrying a load if—
  • (a) the load has rearward projection exceeding 1m unless the conditions specified in paragraph 4 of Part I of Schedule 15 are met;
  • (b) the load has a forward projection exceeding 2m or a rearward projection exceeding 3m; or
  • (c) the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m.
  • (11)
  • (a) paragraph (10)(a) does not apply to a vehicle being used in passing from one part of private premises to another part thereof or to other private premises in the immediate neighbourhood;
  • (b) paragraph (10)(b) and (c) do not apply to a vehicle being used as mentioned in sub-paragraph (a) if—
  • (i) the vehicle is not being driven at a speed exceeding 12 mph; and
  • (ii) where the overall length of the vehicle together with the length of any forward projection and of any rearward projection of its load exceeds 12.2m, the conditions specified in paragraphs 1 and 2 of Part I of Schedule 15 are complied with.
  • (12) Where another vehicle is attached to that end of a vehicle from which a projection extends, then for the purposes of any requirement in this regulation to comply with paragraph 3 or 4 of Part I of Schedule 15, that projection shall be treated as a forward or rearward projection only if, and to the extent that, it extends beyond the foremost point or, as the case may be, the rearmost point, of that other vehicle, measured when the longitudinal axis of each vehicle lies in the same vertical plane.
  • (13) In the case of a vehicle being used—
  • (a) for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes); or
  • (b) in connection with the removal of any obstruction to traffic, if compliance with any provision of this regulation would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used, that provision does not apply to that vehicle while it is being so used.
  • (14) A person shall not use, or cause or permit to be used, on a road an agricultural, horticultural or forestry implement rigidly, but not permanently, mounted on a wheeled agricultural motor vehicle, agricultural trailer, or agricultural trailed appliance, whether or not part of its weight is supported by one or more of its own wheels, if—
  • (a) the overall width of the vehicle together with the lateral projection of the implement exceeds 2.55m; or
  • (b) the implement projects more than 1m forwards or rearwards of the vehicle,

so however, that this restriction shall not apply in a case where—

  • (i) part of the weight of the implement is supported by one or more of its own wheels; and
  • (ii) the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle.

C — — Trailers and Sidecars

Number of trailers

95
  • (1) A person shall not use, or cause or permit to be used, on a road a wheeled vehicle of a class specified in an item in column 2 of the Table drawing a trailer, subject to any exceptions which may be specified in that item in column 3.
(1) (2) (3)
Item Class of vehicle Exceptions
1. A straddle carrier —
2. An invalid carriage —
3. A bus not being a minibus a 1 broken-down bus where no person other than the driver is carried in either vehicle; or b 1 trailer.
4. A locomotive 3 trailers.
5. A motor tractor 1 trailer, 2 trailers if neither is laden.
6. A heavy motor car or a motor car not described in item 1 or 3 2 trailers if one of them is a towing implement and part of the other is secured to and either rests on or is suspended from that implement. 1 trailer in any other case.
7. An agricultural motor vehicle a in respect of trailers other than agricultural trailers and agricultural trailed appliances, such trailers as are permitted under items 4, 5, or 6 as the case may be; or b in respect of agricultural trailers and agricultural trailed appliances— i 2 unladen agricultural trailers, or ii 1 agricultural trailer and 1 agricultural trailed appliance, or iii 2 agricultural trailed appliances.
  • (2) For the purposes of items 4, 5 and 6 of the Table—
  • (a) an unladen articulated vehicle, when being drawn by another motor vehicle because it has broken down, shall be treated as a single trailer; and
  • (b) a towed roller used for the purposes of agriculture, horticulture or forestry and consisting of several separate rollers shall be treated as one agricultural trailed appliance.
  • (3) No track-laying motor vehicle which exceeds 8m in overall length shall draw a trailer other than a broken-down vehicle which is being drawn in consequence of the breakdown.
  • (4) For the purposes of this regulation, the word “trailer” does not include a vehicle which is drawn by a steam powered vehicle and which is used solely for carrying water for the purpose of the drawing vehicle.

Trailers drawn by motor cycles

96
  • (1) Subject to paragraph (2), a person shall not use, or cause or permit to be used, on a road a motor cycle—
  • (a) drawing behind it more than one trailer;
  • (b) drawing behind it any trailer carrying a passenger;
  • (c) drawing behind it a trailer with an unladen weight exceeding 254 kg;
  • (d) with not more than 2 wheels, without a sidecar, and with an engine capacity which does not exceed 125 cc, drawing behind it any trailer; or
  • (e) with not more than 2 wheels, without a sidecar and with an engine capacity exceeding 125 cc, drawing behind it any trailer unless—
  • (i) the trailer has an overall width not exceeding 1m;
  • (ii) the distance between the rear axle of the motor cycle and the rearmost part of the trailer does not exceed 2.5m;
  • (iii) the motor cycle is clearly and indelibly marked in a conspicuous and readily accessible position with its kerbside weight;
  • (iv) the trailer is clearly and indelibly marked in a conspicuous and readily accessible position with its unladen weight; and
  • (v) the laden weight of the trailer does not exceed 150 kg or two thirds of the kerbside weight of the motor cycle, whichever is the less.
  • (2) Paragraph (1)(b), (d) and (e) do not apply if the trailer is a broken-down motor cycle and one passenger is riding it.

Trailers drawn by agricultural motor vehicles

97
  • (1) A person shall not use, or cause or permit to be used, on a road a wheeled agricultural motor vehicle drawing one or more wheeled trailers if the weight of the drawing vehicle is less than a quarter of the weight of the trailer or trailers, unless the brakes fitted to each trailer in compliance with regulation 20 or 21 are operated directly by the service braking system fitted to the motor vehicle.
  • (2) A person shall not use, or cause or permit to be used, on a road, any motor vehicle drawing an agricultural trailer of which—
  • (a) more than 35% of the weight is borne by the drawing vehicle; or
  • (b) the gross weight exceeds 14,230 kg, unless it is fitted with brakes as mentioned in paragraph (1).
  • (3) A person shall not use, or cause or permit to be used, on a road an agricultural trailer manufactured on or after 1st December 1985 which is drawn by a motor vehicle first used on or after 1st June 1986 unless the brakes fitted to the trailer—
  • (a) in accordance with regulation 20 can be applied progressively by the driver of the drawing vehicle, from his normal driving position and while keeping proper control of that vehicle, using a means of operation mounted on the drawing vehicle; or
  • (b) automatically come into operation on the over-run of the trailer.

Distance between motor vehicles and trailers

98
  • (1) Where a trailer is attached to the vehicle immediately in front of it solely by means of a rope or chain, the distance between the trailer and that vehicle shall not in any case exceed 4.5m, and shall not exceed 1.5m unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side.
  • (2) For the purpose of determining the said distance any part of either vehicle designed primarily for use as a means of attaching one vehicle to the other and any fitting designed for use in connection with any such part shall be disregarded.

Use of mechanical coupling devices

99
  • (1) This regulation applies to every light passenger vehicle first used on or after 20th April 1999 in respect of which an EC certificate of conformity has effect.
  • (2) No person shall use or cause or permit to be used on a road any vehicle to which this regulation applies unless any mechanical coupling device which is attached to it complies with the relevant technical and installation requirements of Annexes I, V, VI and VII of Community Directive 94/20[^f00061] and is marked in accordance with sub-paragraphs 3.3.4 to 3.3.5 of Annex I to that Directive.
  • (3) For the purposes of this regulation, in a case where a vehicle is drawing a trailer a mechanical coupling device shall not be regarded as being attached to that vehicle if it forms part of the trailer.
  • (4) In this regulation “mechanical coupling device” shall be construed in accordance with paragraph 2.1 of Annex I to Community Directive 94/20.

Use of secondary coupling on trailers

100
  • (1) No person shall use, or cause or permit to be used, on a road a motor vehicle drawing one trailer if the trailer—
  • (a) is a trailer to which regulation 20 applies, and
  • (b) is not fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,

unless the requirements of paragraph (2) are met in relation to the motor vehicle and trailer.

  • (2) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that a secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of a separation of the main coupling while the trailer is in motion—
  • (a) the drawbar of the trailer would be prevented from touching the ground, and
  • (b) there would be some residual steering of the trailer.
  • (3) No person shall use or cause or permit to be used on a road a motor vehicle drawing one trailer if—
  • (a) the trailer is a trailer to which regulation 20 applies,
  • (b) the trailer is fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling while the trailer is in motion,
  • (c) the operation of the device in those circumstances depends upon a secondary coupling linking the device to the motor vehicle, and
  • (d) the trailer is not fitted with a device which is designed to stop the trailer automatically in those circumstances in the absence of such a secondary coupling,

unless the requirements of paragraph (4) are met in relation to the motor vehicle and trailer.

  • (4) The requirements of this paragraph, in relation to a motor vehicle drawing a trailer, are that the secondary coupling is attached to the motor vehicle and trailer in such a way that, in the event of a separation of the main coupling while the trailer is in motion, the device of the kind referred to in paragraph (3)(b) and (c) fitted to the trailer would stop the trailer.
  • (5) This regulation is without prejudice to any other provision in these Regulations.

Unbraked trailers

101
  • (1) Subject to paragraph (2), a person shall not use, or cause or permit to be used, on a road an unbraked wheeled trailer if—
  • (a) its laden weight exceeds its maximum gross weight; or
  • (b) it is drawn by a vehicle of which the kerbside weight is less than twice the sum of the unladen weight of the trailer and the weight of any load which the trailer is carrying.
  • (2) This regulation does not apply to—
  • (a) an agricultural trailer;
  • (b) a trailer mentioned in paragraphs (b), (d), (e), (f), (g), (h), or (i) of regulation 21(3).

Use of bridging plates between motor vehicles and trailers

102
  • (1) Subject to paragraph (2), a person shall not use, or cause or permit to be used, on a road a motor vehicle constructed for the purpose of carrying other vehicles or any trailer constructed for that purpose so that while such vehicle or trailer is on aroad any part of the weight of any vehicle which is being carried rests on a plate of a kind mentioned in sub-paragraph (i)(h) in the definition in regulation 2(1) of “overall length”.
  • (2) Paragraph (1) does not apply—
  • (a) while the motor vehicle or trailer constructed for the purpose of carrying other vehicles is being loaded or unloaded; or
  • (b) if the plate is folded or withdrawn so that it does not bridge the gap between the motor vehicle and the trailer.

Leaving trailers at rest

103

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