The Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998

Amendment of article 16 of the Motor Vehicles (Authorisation of Special Types) General Order 1979

3.—(1) Article 16 shall be amended as follows.

(2) After paragraph (1), there shall be inserted the following paragraph–

“(1A) In this Article–

“the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(1); and

“the 1989 Regulations” means the Road Vehicles Lighting Regulations 1989(2).”

(3) In paragraph (2)–

(a) in sub-paragraphs (A) and (B), for the words “the Construction and Use Regulations” in each place where those words occur there shall be substituted the words “the 1986 Regulations and the 1989 Regulations”;

(b) in condition (a), there shall be inserted at the beginning the words “subject to paragraph (3)”;

(c) for condition (b), there shall be substituted the following sub-paragraph–

“(b) the relevant requirements, to the extent that they are applicable to the vehicle, shall be complied with or (as the case may be) shall not be contravened;”;

(d) in condition (c), there shall be inserted at the beginning the words “subject to paragraph (7),”;

(e) in condition (d), there shall be inserted at the beginning the words “subject to paragraph (8),” and for the words “Regulations 9 or 73 of the Construction and Use Regulations” there shall be substituted the words “Regulation 7 of the 1986 Regulations”;

(f) in condition (e), there shall be inserted at the beginning the words “subject to paragraph (8),”;

(g) in condition (f), for the words “the Construction and Use Regulations” there shall be substituted the words “the 1986 Regulations”.

(4) After paragraph (2), there shall be inserted the following paragraphs–

“(3) Paragraph (2)(a) shall not apply if the vehicle is being used in the following circumstances–

(a) a person (“the approved person”) has been approved by the Secretary of State for the purposes of this article in respect of the vehicle;

(b) the vehicle is registered under the Vehicle Excise and Registration Act 1994(3) in the name of the approved person and no one else; and

(c) the requirements of paragraph (4) or (5) are met.

(4) The requirements of this paragraph are that the vehicle is being used by the approved person and he is using it for the sole purpose of making an evaluation of the vehicle.

(5) The requirements of this paragraph are that–

(a) the approved person has lent the vehicle to a person (“the borrower”) for the borrower’s own use on terms which include a requirement that the borrower must–

(i) supply to the approved person information or opinions derived from such use; and

(ii) return the vehicle to the approved person on demand;

(b) the vehicle is being used by the borrower in accordance with such terms; and

(c) the approved person requires the information or opinions for the purposes of evaluating the vehicle.

(6) For the purposes of paragraph (2)(b), the relevant requirements are the requirements of–

(a) the provisions of the 1986 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table I below as modified for the purposes of this article in accordance with the entries in the right hand column of that Table; and

(b) the provisions of the 1989 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table II below as modified for the purposes of this Article in accordance with the entries made in the right hand column of that Table.

(7) Paragraph (2)(c) shall not apply to the vehicle when it is being used in circumstances where all the provisions of the 1986 Regulations as to the weights of vehicles whether laden or unladen, or the weights transmitted to the road surface by all or any of the wheels are complied with.

(8) If a vehicle forms part of a combination of vehicles, paragraph (2)(d) and (e) shall have effect in relation to that vehicle as if–

(a) each reference to its overall length included a reference to the overall length of the combination of vehicles; and

(b) the reference to particulars of the vehicle were a reference to particulars of each vehicle in the combination.

(9) A reference in this Article to any enactment comprised in the 1986 Regulations or the 1989 Regulations is a reference to that enactment as from time to time amended or as from time to time re-enacted with or without modification.

(10) Nothing in this Article shall be construed as authorising a vehicle to be used when–

(a) the condition of the vehicle or its accessories or equipment;

(b) the purpose for which it is used;

(c) the number of passengers carried by it, or the manner in which they are carried; or

(d) the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the vehicle involves a danger of injury to any person.

TABLE I

(see paragraph (6)(a))

Provision of the 1986 Regulations	Subject matter	Modifications made to the 1986 Regulations for the purposes of this Article
Regulation 10	Indication of overall travelling height
Regulation 16	Braking systems	In regulation 16(1) for the words “to which regulation 15 does not apply” there shall be substituted the words “and has effect subject to the proviso in paragraph of regulation 15”.
Regulation 18(1)	Maintenance and efficiency of brakes
Regulation 20	General requirement as to wheels and tracks
Regulation 26	Mixing of tyres
Regulation 27	Conditions and maintenance of tyres
Regulation 29	Maintenance of steering gear
Regulation 30	View to the front
Regulation 34	Windscreen wipers and washers
Regulation 37	Audible warning instruments
Regulation 53	Mascots
Regulation 54	Silencers—general
Regulation 61	Emissions
Regulation 62	Closets etc.
Regulations 81 and 82	Restrictions on the use of vehicles carrying wide or long loads or having fixed appliances or apparatus	In regulation 82(8)(c)(ii)(B) the reference to paragraph 1 of Schedule 12 to the 1986 Regulations shall be omitted.
Regulation 83	Number of trailers
Regulation 84	Trailers drawn by motor cycles
Regulation 86	Distance between motor vehicles and trailers
Regulation 89	Leaving trailers at rest
Regulation 90	Passengers in trailers
Regulation 92	Attachment of side cars
Regulation 97	Avoidance of excessive noise
Regulation 98	Stopping of engine when stationary
Regulation 99	Use of audible warning instruments
Regulation 100	Maintenance and use of vehicles so as not to be a danger
Regulation 101	Parking in darkness
Regulation 102	Passengers on motor cycles
Regulation 103	Obstruction
Regulation 104	Driver’s control
Regulation 105	Opening of doors
Regulation 106	Reversing
Regulation 107	Leaving motor vehicle unattended
Regulation 108	Securing of suspended implements
Regulation 109	Television sets

TABLE II

(see paragraph (6)(b))

Provision of the 1989 Regulations	Subject matter	Modifications made to the 1989 Regulations for the purpose of this Article
Regulation 11	Colour of lights shown by lamps and reflectors
Regulation 13	Lamps to show steady light
Regulation 16	Restrictions on fitting blue warning beacons, special warning lamps and similar devices
Regulation 17	Obligatory warning beacons
Regulation 18	Obligatory lamps, reflectors, rear markings and devices	In regulation 18(1)(b) there shall be added at the end: “as if– (i) the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted; (ii) the requirements relating to angles of visibility were omitted; (iii) the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent; and (iv) the requirements relating to the fitting of a dim-dip device or running lamp in Table 1 of Schedule 1 were omitted.”;
Regulation 19	Restrictions on the obstruction of certain lamps and reflectors
Regulation 21	Projecting trailers and vehicles carrying overhanging or projecting loads or equipment
Regulation 22	Additional side marker lamps	In paragraph (1), after the words paragraph (2) there shall be inserted “and subject to paragraph (3)”.
		In paragraph (3), there shall be added at the end: “as if– (i) the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted; (ii) the requirements relating to angles of visibility were omitted; and (iii) the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent.””

(1)

S.I. 1986/1078; relevant amending instruments are S.I. 1987/676, 1988/270; 1989/1865 and 2360; 1990/317, 1131, 1163 and 1981; 1991/1526, 2003, 2125 and 2170; 1992/352, 2137, 2909 and 3285; 1993/2199; 1994/14 and 2192; 1995/551, 1201 and 2210.

(2)

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

(3)

1994 c. 22.