The Road Vehicles (Construction and Use) Regulations 1986

Maintenance and efficiency of brakes E+W+S

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

[F1 (1A) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(1B) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.]

[F2 (1C) Where a goods vehicle of category N₂ or N₃ is being used to tow a trailer of category O₃ or O₄ and both vehicles are fitted with an ISO 7638 connector to provide a dedicated power supply to the ABS, then these connectors shall be used regardless of any alternative method available on the vehicles to provide such power.]

(2) Paragraph (3) applies to every wheeled motor vehicle except—

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

(b) a works truck; F3 ...

(c) a pedestrian-controlled vehicle; [F4 and

(d) an industrial tractor.]

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

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

(b) if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor-cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items.

Provided that a reference in Table I to a trailer is a reference to a trailer required by regulation 15 or 16 to be equipped with brakes.

TABLE I

(regulation 18(3))

1	2	3	4
Item	Class of vehicle	Efficiencies (%)	Exemptions
		(a) (b)
1	A vehicle to which regulation 15 applies or which complies in all respects other than its braking efficiency with the requirements of that regulation or with [F5 Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09]—		A motor cycle.
	(a) when not drawing a trailer;	50 25
	(b) when drawing a trailer	45 25
2	A vehicle, not included in item 1 and not being a motor cycle, which is first used on or after 1st January 1968—
	(a) when not drawing a trailer;	50 25
	(b) when not drawing a trailer manufactured on or after 1st January 1968;	50 25
	(c) when drawing a trailer manufactured before 1st January 1968	40 15
3	Goods vehicles [F6 and buses (in each case)] first used on or after 15th August 1928 but before 1st January 1968 having an unladen weight exceeding 1525 kg being—
	(a) rigid vehicles with 2 axles not constructed to form part of an articulated vehicle—
	(i) when not drawing a trailer	45 20
	(ii) when drawing a trailer	40 15
	(b) other vehicles, including vehicles constructed to form part of an articulated vehicle, whether or not drawing a trailer	40 15
4	Vehicles not included in items 1 to 3—		(a) a bus;
	(a) having at least one means of operation applying to at least 4 wheels;	50 25	(b) an articulated vehicle;
	(b) having 3 wheels and at least one means of operation applying to all 3 wheels and not being a motor cycle with sidecar attached—		(c) a vehicle constructed or adapted to form part of an articulated vehicle;
	(i) when not drawing a trailer	40 25	(d) a heavy motor car which is a goods vehicle first used before 15th August 1928.
	(ii) in the case of a motor cycle when drawing a trailer	40 25
	(c) other
	(i) when not drawing a trailer	30 25
	(ii) in the case of a motor cycle when drawing a trailer.	30 25

(4) A goods vehicle shall not be deemed to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to—

(a) if a plating certificate has been issued and is in force for the vehicle, the design gross weight shown in column (3) of that certificate or, if no such weight is so shown, the gross weight shown in column (2) of that certificate; and

(b) in any other case, the design gross weight of the vehicle.

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

[F7 (4A) A bus shall be deemed not to comply with the requirements of paragraph (3) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(4B) For the purposes of paragraph (4A), the relevant weight,—

(a) in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and

(b) in relation to a bus first used before that date, is the weight specified in paragraph (4C).

(4C) The weight referred to in paragraph (4B)(b) is—

where—

X is the unladen weight of that bus in kilograms;

Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and

Z is—

(a)

in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8;

(b)

in the case of a PSV which is an articulated bus, the standing capacity; or

(c)

in any other case, nil.]

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

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

TABLE II

(regulation 18(6))

1	2	3
Item	Class of vehicle or combination	Percentage gradient
1	A vehicle specified in item 1 of Table I—
	(a) when not drawing a trailer	16
	(b) when drawing a trailer	12
2	A vehicle to which requirement 18 in Schedule 3 applies by virtue of regulation 16.	16
3	A vehicle, not included in item 1, drawing a trailer manufactured on or after 1st January 1968 and required, by regulation 15 or 16, to be fitted with brakes.	16

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

(8) A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables I and II shall not be treated as failing, by reason of its braking efficiency, to comply with regulation 15 or with [F8 Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09].

[F9 (9) In this regulation—

“PSV” means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981;

“standing capacity”, in relation to a PSV, means the number of persons that can be carried standing without an offence being committed under section 26 of the Public Passenger Vehicles Act 1981.]

Textual Amendments

F1 Reg. 18(1A)(1B) inserted (1.4.1992) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1992 (S.I. 1992/352), regs. 1, 6(2)

F2 Reg. 18(1C) inserted (1.5.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001 (S.I. 2001/3208), regs. 1(2), 9(2)

F3 Word in reg. 18(2)(b) omitted (1.4.1995) by virtue of The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), regs. 1, 6(2)

F4 Reg. 18(2)(d) and word inserted (1.4.1995) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), regs. 1, 6(2)

F5 Words in reg. 18 Table 1 substituted (1.5.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001 (S.I. 2001/3208), regs. 1(2), 9(3)

F6 Words in reg. 18(3) Table 1 Item 3 inserted (1.4.1995) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), regs. 1, 6(3)(b)

F7 Reg. 18(4A)(4B)(4C) inserted (1.4.1995) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), regs. 1, 6(4)

F8 Words in reg. 18(8) substituted (1.5.2002) by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001 (S.I. 2001/3208), regs. 1(2), 9(4)

F9 Reg. 18(9) inserted (1.4.1995) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 (S.I. 1995/551), regs. 1, 6(6)

Commencement Information

I1 Reg. 18 in force at 11.8.1986, see reg. 1