The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987

Citation, commencement and introduction

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 1987 and shall come into force on 31st July 1987.

2.  The Road Vehicles (Construction and Use) Regulations 1986(1) shall be further amended in accordance with the following provisions of these Regulations.

Amendment of interpretation provisions

• 3.  In the Table in regulation 3(2), the following new definitions shall be inserted in the appropriate places according to alphabetical order—

• “coach” means a large bus with a maximum gross weight of more than 7.5 tonnes and with a maximum speed exceeding 60 mph;

• “large bus” means a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver;

• “motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

• “staircase” means a staircase by means of which passengers on a double-decked vehicle may pass to and from the upper deck of the vehicle.

Additional protective systems

4.  After regulation 53 (mascots) there shall be inserted the following new regulations—

“Strength of superstructure

53A.— (1) This regulation applies to every coach which is—

(a) a single decked vehicle;

(b) equipped with a compartment below the deck for the luggage of passengers; and

(c) first used on or after 1st April 1990.

(2) Every vehicle to which this regulation applies shall comply with the requirements of ECE Regulation 66.

Additional exits from double-decked coaches

53B.— (1) This regulation applies to every coach which is—

(a) a double-decked vehicle; and

(b) first used on or after 1st April 1990.

(2) Subject to the following provisions of this regulation, every vehicle to which this regulation applies shall be equipped with two staircases, one of which shall be located in one half of the vehicle and the other in the other half of the vehicle.

(3) Instead of being equipped with two staircases in accordance with paragraph (2), a vehicle to which this regulation applies may be equipped in accordance with the following provisions of this regulation with a hammer or other similar device with which in case of emergency any side window of the vehicle may be broken.

(4) Where a vehicle is equipped with—

(a) a staircase located in one half of the vehicle; and

(b) an emergency exit complying with regulation 21(8) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(2) located in the same half of the upper deck of the vehicle;

the hammer or the similar device shall be located in the other half of that deck.

(5) Any hammer or other similar device with which a vehicle is equipped pursuant to this regulation shall be located in a conspicuous and readily accessible position in the upper deck of the vehicle.

(6) There shall be displayed, in a conspicuous position in close proximity to the hammer or other similar device, a notice which shall contain in clear and indelible lettering—

(a) in letters not less than 25 mm high, the heading “IN EMERGENCY”; and

(b) in letters not less than 10 mm high, instructions that in case of emergency the hammer or device is to be used first to break any side window by striking the glass near the edge of the window and then to clear any remaining glass from the window aperture.

(7) For the purposes of this regulation a staircase, emergency exit, hammer or other similar device (as the case may be) shall be considered to be located in the other half of the vehicle if the shortest distance between any part of that staircase, exit, hammer or device (as the case may be) and any part of any other staircase, emergency exit, hammer or device is not less than one half of the overall length of the vehicle.”.

Amendments to regulations relating to seat belts and anchorage points

5.  Regulation 46 shall be amended as follows—

(a) in paragraph (1), there shall be added the following new sub-paragraph—

“(c) every heavy motor car first used on or after 1st October 1988.”;

(b) in paragraph (2)—

(i) in sub-paragraph (a)(ii), after the words “1st April 1980” there shall be inserted the words “and before 1st October 1988” and the words “in Great Britain (determined in accordance with the provisions of Schedule 11)” shall be omitted;

(ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) a bus, being—

(i) a minibus—

(A) if first used before 1st October 1988, constructed or adapted to carry more than twelve passengers; or

(B) if first used on or after 1st October 1988, having a maximum gross weight exceeding 3500 kg; or

(ii) a large bus (other than a coach first used on or after 1st October 1988);”;

(iii) in sub-paragraph (d), for the words “an industrial” there shall be substituted the words “a motor”;

(iv) in sub-paragraph (f), after the words “goods vehicle” there shall be inserted the words “first used before 1st October 1988”;

(v) for sub-paragraph (i) there shall be substituted the following new sub-paragraph—

“(i) a vehicle having a maximum speed not exceeding 16 mph;” and

(vi) after sub-paragraph (j) there shall be inserted the following new sub-paragraph—

“(k) a locomotive.”;

(c) in paragraph (4)—

(i) at the beginning there shall be inserted the words “Save as provided in paragraph (4A) or (4B)”;

(ii) for sub-paragraph (a)(i) there shall be substituted the following sub-paragraph—

“(i) in the case of a minibus, a motor ambulance or a motor caravan—

(A) if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any); or

(B) if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat and”;

(iii) in sub-paragraph (a)(ii), for the words “in any other case” there shall be substituted the words “in the case of any other passenger or dual-purpose vehicle”;

(iv) after sub-paragraph (a)(ii) there shall be inserted the following new paragraph—

“(iii) in any other case, every forward-facing front seat and every non-protected seat, and”;and

(v) in sub-paragraph (b), after the words “comply with” there shall be inserted the words “the technical and installation requirements of”;

(d) after paragraph (4) there shall be inserted the following new paragraphs—

“(4A) The requirements specified in paragraph (4) shall not apply to—

(a) a goods vehicle first used on or after 1st October 1988 and having a maximum gross weight exceeding 3500 kg, but any such vehicle shall be equipped with two belt anchorages designed to hold securely in position on the vehicle lap belts for the driver’s seat and each forward-facing front seat; or

(b) a coach equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for all exposed forward-facing seats and which—

(i) comply with the requirements in paragraph (4)(b); or

(ii) in any case where the anchorage points form part of a seat, do not when a forward horizontal force is applied to them become detached from the seat of which they form part before that seat becomes detached from the vehicle.

(4B) Instead of complying with the requirements in paragraph (4), a vehicle may comply with Community Directive 76/115 or 81/575 or 82/318 or ECE Regulation 14.”;

(e) for paragraph (5) there shall be substituted the following new paragraphs—

“(5) Save as provided in paragraph (5A), a vehicle of a type mentioned in paragraphs (4), (4A) and (4B) which is fitted with anchorage points other than those required by those paragraphs shall comply with the requirements in paragraph (4)(b) or, in the case of a coach, the requirements in paragraph (4A)(b)(ii) in respect of any additional anchorage points as well as in respect of the anchorage points required by paragraph (4), (4A) or (4B) to be provided.

(5A) The requirements in paragraph (5) shall not apply in respect of any additional anchorage points first fitted before 1st April 1986 in the case of a vehicle of a type mentioned in paragraph (4)(a)(i)(A), or before 1st October 1988 in the case of a vehicle of any other type.”;

(f) in sub-paragraph (a) of paragraph (6)—

(i) after the words “the expressions” there shall be inserted the words “exposed forward-facing seat”; and

(ii) after the words “forward-facing seat” there shall be inserted the words “forward-facing front seat” and “lap belt”; and

(g) for sub-paragraph (b) of paragraph (6) there shall be substituted the following new sub-paragraph—

“(b) the expression “non-protected seat” means a seat other than a front seat which does not satisfy the requirements of section 4.3.3 of Annex 1 to Community Directive 81/575.”.

6.  Regulation 47 shall be amended as follows—

(a) in paragraph (2)—

(i) in sub-paragraph (a), the word “seat” shall be omitted in both places where it appears after the words “body-restraining”; and

(ii) in sub-paragraph (b), the word “seat” shall be omitted where it appears after the words “three-point”;

(iii) in sub-paragraph (c), after the words “regulation 46(4)(a) (ii)” there shall be inserted the words “or (iii)”;

(iv) after sub-paragraph (c) there shall be inserted the following new sub-paragraphs—

“(d) regulation 46(4)(a)(i)(B) applies shall be fitted with seat belts as follows—

(i) for the driver’s seat and the specified passenger’s seat (if any) a three-point belt; and

(ii) for any forward-facing front seat which is not a specified passenger’s seat, a three-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);

(e) regulation 46(4A)(b) applies shall be equipped with seat belts which shall be three-point belts, lap belts or disabled person’s belts.”; and

(v) at the end of the paragraph there shall be inserted the following—

• “Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat of a coach (other than the driver’s seat) either—

  (i)

  there shall be provided padding to a depth of not less than 50 mm on the surface of any bar or partition which is, or any part of which is, forward of and within 1 metre of the intersection of the back rest and the cushion of the seat in question and such padding shall extend for not less than 150 mm on either side of that point on the bar or partition which would be bisected by a prolongation of the longitudinal centreline of the seat; or

  (ii)

  the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met.”;

(b) in paragraph (3), for the words “paragraph (2)(b) or (c)” there shall be substituted the words “paragraph (2)(b), (c), (d) or (e)”;

(c) in paragraph (4)—

(i) in sub-paragraph (c)(ii), after “BS 3254: 1960” there shall be inserted “or BS AU 160c”; and

(ii) after sub-paragraph (d) there shall be inserted the following new sub-paragraph—

“(e) to a vehicle to which regulation 46(4A)(a) applies.”;

(d) in paragraph (6), there shall be added the following new sub-paragraph—

“(c) any seat (other than the driver’s seat) fitted to a coach.”;

(e) in paragraph (8)—

(i) in the definition of “body-restraining seat belt”, the word “seat” shall be omitted where it forms part of the expression “body-restraining seat belt”;

(ii) in paragraph (i)(b) of the definition of “British Standard mark”, after “BS 3254: 1960” there shall be inserted “or BS 3254: 1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210”;

(iii) in the definition of “lap belt”, at the end there shall be added the words “and which is designed for use by an adult”; and

(iv) there shall be inserted in the appropriate places according to alphabetical order the following new definitions—

• “crew seat” has the same meaning as in regulation 3(1) of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981(3);

• “exposed forward-facing seat” means—

  (i)

  a forward-facing front seat (including any crew seat) and the driver’s seat; and

  (ii)

  any other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;

• “forward-facing front seat” means—

  (i)

  any forward-facing seat alongside the driver’s seat; or

  (ii)

  if the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (i) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;

• “forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;

• “high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle.

7.  In regulation 48, at the end of paragraph (1) there shall be added the words “and also to every anchorage with which a goods vehicle is required to be provided in accordance with regulation 46(4A)(a)”.

8.  Regulations 46 and 47, as amended by these Regulations, and with consequential adjustments to the punctuation markings and other minor matters, are set out in the Schedule to the Regulations.

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State,

Department of Transport

30th June 1987