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PART IE+W+SINTRODUCTION

General interpretationE+W+S

2.—(1) In these Regulations—

“the Act” means the Road Traffic Act 1988;

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

[F1“large bus” means a motor vehicle which—

(a)

is constructed or adapted for use for the carriage of passengers,

(b)

has more than eight seats in addition to the driver’s seat,

(c)

has four or more wheels,

(d)

has a maximum design speed exceeding 25 kilometres per hour, and

(e)

has a maximum laden weight exceeding 3.5 tonnes;]

“licensed hire car” has the meaning given by section 13(3) of the Transport Act 1985(2);

“licensed taxi” has the meaning given by section 13(3) of the Transport Act 1985;

[F2“light goods vehicle” means a motor vehicle which—

(a)

has four or more wheels,

(b)

has a maximum design speed exceeding 25 kilometres per hour, and

(c)

has a maximum laden weight not exceeding 3.5 tonnes;]

“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984(3);

“medical certificate” has the meaning given in Schedule 1 to these Regulations;

[F3“operator”, in relation to a small or large bus, means—

(a)

the owner of the bus, or

(b)

if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;]

“passenger car” has the same meaning as in section 15 of the Act;

“private hire vehicle” means a motor vehicle which has no more than 8 seats in addition to the driver’s seat, other than a licensed taxi or a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981(4)), which is provided for hire with the services of a driver for the purpose of carrying passengers and which displays a sign pursuant to either section 21 of the Vehicles (Excise) Act 1971(5) or section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976(6) or any similar enactment;

“rear seat” in relation to a vehicle means a seat not being the driver’s seat, a seat alongside the driver’s seat or a specified passenger seat;

“restraint system” means a system combining a seat fixed to the structure of the vehicle by appropriate means and a seat belt for which at least one anchorage point is located on the seat structure;

“seat belt” except in this regulation, includes a child restraint and references to wearing a seat belt shall be construed accordingly;

[F4“small bus” means a motor vehicle which—

(a)

is constructed or adapted for use for the carriage of passengers,

(b)

has more than eight seats in addition to the driver’s seat,

(c)

has four or more wheels,

(d)

has a maximum design speed exceeding 25 kilometres per hour, and

(e)

has a maximum laden weight not exceeding 3.5 tonnes;]

“trade licence” has the meaning given by section 38(1) of the Vehicles (Excise) Act 1971(7);

“disabled person’s belt”, “lap belt”, “seat”, “specified passenger seat” and “three point belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations.

(2) Without prejudice to section 17 of the Interpretation Act 1978(8), a reference to a provision in any subordinate legislation (within the meaning of that Act) is a reference to that provision as from time to time amended or as from time to time re-enacted with or without modification.

(3) In these Regulations—

“child” means a person under the age of 14 years;

“large child” means a child who is not a small child; and

“small child” means a child who is—

(a)

aged under 12 years, and

(b)

under [F5135] centimetres in height.

(4) In these Regulations, “adult belt” means a seat belt in respect of which one or more of the following requirements is satisfied, namely that—

(a)it is a three-point belt which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations,

(b)it is a lap belt which has been so marked,

(c)it is a seat belt that falls within regulation 47(4)(c)(i) or (ii) of those Regulations;

(d)it is a seat belt fitted [F6in a vehicle] and comprised in a restraint system—

(i)of a type which has been approved by an authority of [F7a member State] for use by all persons who are either aged 13 years or more or of 150 centimetres or more in height, and

(ii)in respect of which, by virtue of such approval, the requirements of the law of [F7a member State] corresponding to these Regulations would be met were it to be worn by persons who are either aged 13 years or more or of 150 centimetres or more in height when travelling [F8in that vehicle in that State].

(5) In these Regulations, “child restraint” means a seat belt or other device in respect of which the following requirements are satisfied, namely that—

(a)it is a seat belt or any other description of restraining device for the use of a child which is—

(i)designed either to be fitted directly to a suitable anchorage or to be used in conjunction with an adult seat belt and held in place by the restraining action of that belt, and

(ii)marked in accordance with regulation 47(7) of the Construction and Use Regulations [F9or marked in accordance with paragraphs 4, 5.4 and 5.6 of Regulation Number 129 of the Economic Commission for Europe of the United Nations on uniform provisions concerning the approval of enhanced Child Restraint Systems used on board of motor vehicles]; or

(b)it is a seat belt consisting of or comprised in a restraint system fitted [F10in a vehicle], being a restraint system—

(i)of a type which has been approved by an authority of [F7a member State] for use by a child, and

(ii)in respect of which, by virtue of such approval, the requirements of the law of that State corresponding to these Regulations would be met were it to be worn by a child when travelling [F11in that vehicle in that State].

(6) Subject to paragraph (7), for the purposes of these Regulations, a seat shall be regarded as provided with an adult seat belt if it is fixed in such a position that it can be worn by an occupier of that seat.

(7) A seat shall not be regarded as provided with an adult seat belt if the seat belt—

(a)has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or

(b)does not comply with the requirements of regulation 48 of the Construction and Use Regulations.

[F12(8) For the purposes of these Regulations, a seat belt is appropriate—

(a)in relation to a small child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8;

(b)in relation to a large child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8 or an adult belt; or

(c)in relation to a person aged 14 years or more, if it is an adult belt.]

(9) For the purposes of these Regulations, any reference to a seat belt being available shall be construed in accordance with Schedule 2 to these Regulations.

[F13(9A) For the purposes of these Regulations, references to a bus being used to provide a service in a “built-up area” shall be construed in the same way as in section 15B(6) of the Act.]

(10) Unless the context otherwise requires, in these Regulations—

(a)any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

(b)a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears.

Textual Amendments

Commencement Information

I1Reg. 2 in force at 2.2.1993, see reg. 1(1)

(1)

S.I. 1986/1078; relevant amending instruments are S.I. 1987/1133, 1989/1478 and 1991/2003.