The Road Vehicles (Construction and Use) Regulations 1986

Emission of smoke, vapour, gases, oily substances etc E+W+S

61.—(1) Subject to paragraph (4), every vehicle shall be constructed so as not to emit any avoidable smoke or avoidable visible vapour.

(2) Every motor vehicle using solid fuel shall be fitted with—

(a) a tray or shield to prevent ashes and cinders from falling onto the road; and

(b) an efficient appliance to prevent any emission of sparks or grit.

(3) Subject to paragraph (4) and to the exemptions specified in an item in column 4 of the Table, every wheeled vehicle 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) Instead of complying with such provisions of paragraph (1) and items 1, 2 and 3 in the Table as apply to it, a vehicle may at the time of its first use comply—

(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 Community Directive 78/665 or 83/351 or ECE Regulation 15.03 or 15.04.

(5) No person shall use, or cause or permit to be used, on a road any motor vehicle—

(a) from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any 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 the Table (whether or not it is deemed to comply with that requirement by virtue of paragraph (4)), 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 the Table if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(6) No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of the Table applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

TABLE

(regulation 61(3))

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 work 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 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 that 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 item 4 below applies.
4	Vehicles first used on or after 1st October 1982 and propelled by a spark ignition engine.	The vehicle shall comply at the time of its first use with Community Directive 78/665 or 83/351 or ECE Regulation 15.03 or 15.04.	(a) a vehicle with a maximum gross weight exceeding 3500 kg; (b) a vehicle which has only two wheels; (c) a vehicle with an unladen weight of less than 400 kg; (d) a vehicle with less than 4 wheels and having a maximum speed not exceeding 30 mph.

Commencement Information

I1 Reg. 61 in force at 11.8.1986, see reg. 1