The Road Vehicles (Construction and Use) Regulations 1986

F E+W+S AVOIDANCE OF DANGER

Maintenance and use of vehicle so as not to be a danger, etc E+W+S

100.—(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.

Provided that the provisions of this regulation with regard to the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.

(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.

Commencement Information

I1 Reg. 100 in force at 11.8.1986, see reg. 1

[F1 100A.— (1) No person shall use, or cause or permit to be used, on a road a vehicle displaying the rectangular plate described in the definition of “low platform trailer” in the Table in regulation 3(2) or anything resembling such a plate at a speed exceeding 40 mph. E+W+S

(2) No person shall use, or cause or permit to be used on a road a vehicle displaying the rectangular plate described in Schedule 13 (Plate for restricted speed vehicle) or anything resembling such a plate at a speed exceeding 50 mph.]

Textual Amendments

F1 Reg. 100A inserted (2.11.1990) by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1990 (S.I. 1990/1981), regs. 1, 10

Parking in darkness E+W+S

101.—(1) Save as provided in paragraph (2) no person shall, except with the except with the permission of a police officer in a uniform, cause or permit any motor vehicle to stand on a road at any time between F2 ... sunset and F2 ... sunrise unless the near side of the vehicle is as close as may be to the edge of the carriageway.

(2) The provisions of paragraph (1) do not apply in respect of any motor vehicle—

(a) being used for [F3 fire brigade] [F4 Scottish Fire and Rescue Service] [F5 or, in England or Wales, fire and rescue authority] [F6 or, in England, fire and rescue authority], F7 ... or police purposes or for defence purposes (including civil defence purposes) if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

[F8 (aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;]

(b) being used in connection with—

(i) any building operation or demolition;

(ii) the repair of any other vehicle;

(iii) the removal of any obstruction to traffic;

(iv) the maintenance, repair or reconstruction of any road; or

(v) the laying, erection, alteration or repair in or near to any road of any sewer, main, pipe or apparatus for the supply of gas, water or electricity, of any [F9 electronic communications apparatus] as defined in Schedule 2 to the Telecommunication Act 1984 or of the apparatus of any electric transport undertaking,

if, in any such case, compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(c) on any road in which vehicles are allowed to proceed in one direction only;

(d) standing on a part of a road set aside for the parking of vehicles or as a stand for hackney carriages or as a stand for buses or as a place at which such vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers where compliance with those provisions would conflict with the provisions of any order, regulations or byelaws governing the use of such part of a road for that purpose; or

(e) waiting to set down or pick up passengers in accordance with regulations made or directions given by a chief officer of police in regard to such setting down or picking up.

Textual Amendments

F2 Words in reg. 101(1) omitted (17.10.1991) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1991 (S.I. 1991/2125), regs. 1, 10

F3 Words in reg. 101(2)(a) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. para. 5(4)(d); S.S.I. 2005/392, art. 2

F4 Words in reg. 101(2)(a) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 4(5)(d)

F5 Words in reg. 101(2)(a) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 11(4)(d)

F6 Words in reg. 101(2)(a) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 10(4)(d)

F7 Word in reg. 101(2)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 8(2)

F8 Reg. 101(2)(aa) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 8(3)

F9 Words in reg. 101(2)(b)(v) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 27(3)

Commencement Information

I2 Reg. 101 in force at 11.8.1986, see reg. 1

Passengers on motor cycles E+W+S

102.  If any person in addition to the driver is carried astride a two-wheeled motor cycle on a road (whether a sidecar is attached to it or not) suitable supports or rests for the feet shall be available on the motor cycle for that person.

Commencement Information

I3 Reg. 102 in force at 11.8.1986, see reg. 1

Obstruction E+W+S

103.  No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Commencement Information

I4 Reg. 103 in force at 11.8.1986, see reg. 1

Driver's control E+W+S

104.  No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Commencement Information

I5 Reg. 104 in force at 11.8.1986, see reg. 1

Opening of doors E+W+S

105.  No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.

Commencement Information

I6 Reg. 105 in force at 11.8.1986, see reg. 1

Reversing E+W+S

106.  No person shall drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road.

Commencement Information

I7 Reg. 106 in force at 11.8.1986, see reg. 1

Leaving motor vehicles unattended E+W+S

107.—(1) Save as provided in paragraph (2), no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply in respect of a vehicle—

(a) being used for F10 ... [F11 fire brigade] [F12 Scottish Fire and Rescue Service] [F13 or, in England or Wales, fire and rescue authority] [F14 or, in England, fire and rescue authority] or police purposes;

[F15 (aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;] or

(b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to—

(i) drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or

(ii) maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus.

(3) In this regulation “parking brake” means a brake fitted to a vehicle in accordance with requirement 16 or 18 in Schedule 3.

Textual Amendments

F10 Word in reg. 107(2)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 9(2)

F11 Words in reg. 107(2)(a) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. para. 5(4)(e); S.S.I. 2005/392, art. 2

F12 Words in reg. 107(2)(a) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 4(5)(e)

F13 Words in reg. 107(2)(a) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 11(4)(e)

F14 Words in reg. 107(2)(a) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 10(4)(e)

F15 Reg. 107(2)(aa) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 9(3)

Commencement Information

I8 Reg. 107 in force at 11.8.1986, see reg. 1

Securing of suspended implements E+W+S

108.  Where a vehicle is fitted with any apparatus or appliance designed for lifting and part of the apparatus or appliance consists of a suspended implement, the implement shall at all times while the vehicle is in motion on a road and when the implement is not attached to any load supported by the appliance or apparatus be so secured either to the appliance or apparatus or to some part of the vehicle that no danger is caused or is likely to be caused to any person on the vehicle or on the road.

Commencement Information

I9 Reg. 108 in force at 11.8.1986, see reg. 1

Television sets E+W+S

109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—

(a) about the state of the vehicle or its equipment;

(b) about the location of the vehicle and the road on which it is located;

(c) to assist the driver to see the road adjacent to the vehicle; or

(d) to assist the driver to reach his destination.

(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.

Commencement Information

I10 Reg. 109 in force at 11.8.1986, see reg. 1

[F16 Mobile telephones E+W+S

110.— (1) No person shall drive a motor vehicle on a road if he is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b) he is acting in response to a genuine emergency; and

(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

[F17 (5A) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a) that person is using the mobile telephone or other device only to perform a remote controlled parking function of the motor vehicle; and

(b) that mobile telephone or other device only enables the motor vehicle to move where the following conditions are satisfied—

(i) there is continuous activation of the remote control application of the telephone or device by the driver;

(ii) the signal between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is maintained; and

(iii) the distance between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is not more than 6 metres.]

(6) For the purposes of this regulation—

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) “interactive communication function” includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

(d) “two-way radio” means any wireless telegraphy apparatus which is designed or adapted—

(i) for the purpose of transmitting and receiving spoken messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) “wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949.]

Textual Amendments

F16 Reg. 110 inserted (1.12.2003) by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 (S.I. 2003/2695), regs. 1, 2

F17 Reg. 110(5A) inserted (11.6.2018) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2018 (S.I. 2018/592), regs. 1, 2(2)

[F18 Review E+W+S

111.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in—

(i) regulation 18 in so far as it relates to the efficiency of brakes,

(ii) regulation 70,

(iii) paragraph 8 of Schedule 7B, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 20th May 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

Textual Amendments

F18 Reg. 111 inserted (20.5.2018) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2017 (S.I. 2017/851), regs. 1, 6