Directive 2009/40/EC of the European Parliament and of the Council (repealed)Show full title

ANNEX I U.K.

CATEGORIES OF VEHICLES SUBJECT TO ROADWORTHINESS TESTS AND FREQUENCY OF THE TESTS

Categories of vehicle	Frequency of tests
1. Motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat	One year after the date on which the vehicle was first used, and thereafter annually
2. Motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg	One year after the date on which the vehicle was first used, and thereafter annually
3. Trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg	One year after the date on which the vehicle was first used, and thereafter annually
4. Taxis, ambulances	One year after the date on which the vehicle was first used, and thereafter annually
5. Motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery	Four years after the date on which the vehicle was first used, and thereafter every two years
6. Motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat	Four years after the date on which the vehicle was first used, and thereafter every two years

ANNEX II U.K. ITEMS TO BE COMPULSORILY TESTED

The test must cover at least the items listed below, provided that these are related to the obligatory equipment of the vehicle being tested in the Member State concerned.

The tests covered by this Annex may be carried out visually without disassembly of vehicle parts.

Where the vehicle is found to be defective with regard to the test items below, the competent authorities in the Member States must adopt a procedure for setting the conditions under which the vehicle may be used before passing another roadworthiness test.

VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6 U.K.

1. Braking systems U.K.

The following items are to be included in the roadworthiness test of vehicle braking systems. The test results achieved during the checks on the braking systems must be equivalent as far as is practicable to the technical requirements of Directive 71/320/EEC.

a 48 % for category 1 vehicles not fitted with ABS, or type-approved before 1 October 1991 (date of prohibition of first putting into circulation without EC component type-approval) (Directive 71/320/EEC).
b 45 % for vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.
c 43 % for semi-trailers and draw-bar trailers registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.
d 50 % for category 5 vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.
e The reference value for the vehicle axle is the braking effort (expressed in newtons) necessary to achieve this minimum prescribed braking force at the particular weight that the vehicle is presented.
f For category 2 and 5 vehicles the minimum secondary brake performance must be 2,2 m/s2 (as the secondary brake performance was not covered by Directive 71/320/EEC).
Items to be checked/tested	Reasons for failure
1.1. Mechanical condition and operation
1.1.1. Footbrake pedal pivot	too tight bearing worn excessive wear/play
1.1.2. Pedal condition and travel of the brake operating device	excessive or insufficient reserve travel brake control not releasing correctly anti-slip provision on brake pedal missing, loose or worn smooth
1.1.3. Vacuum pump or compressor and reservoirs	time taken to build up air pressure/vacuum for the effective operation of the brakes is excessive insufficient air pressure/vacuum to give assistance for at least two applications of the brake after the warning device has operated (or gauge shows unsafe reading) air leak causing a noticeable drop in pressure or audible air leaks
1.1.4. Low pressure warning indicator or gauge	malfunctioning or defective low pressure indicator/air pressure gauge
1.1.5. Hand-operated brake control valve	cracked or damaged control, excessive wear malfunction of control valve control insecure on valve spindle or valve unit insecure connections loose or leak in system unsatisfactory operation
1.1.6. Parking brake, lever control, parking brake ratchet	parking brake ratchet not holding correctly excessive wear at lever pivot or ratchet mechanism excessive movement of lever indicating incorrect adjustment
1.1.7. Braking valves (foot valves, unloaders, governors, etc.)	damaged, excessive air leakage excessive discharge of oil from compressor insecure/inadequate mounting discharge of hydraulic brake fluid
1.1.8. Couplings for trailer brakes	defective isolation taps or self-sealing valve insecure/inadequate mounting excessive leaks
1.1.9. Energy storage reservoir pressure tank	damaged, corroded, leaking drain device inoperative insecure/inadequate mounting
1.1.10. Brake servo units, master cylinder (hydraulic systems)	servo unit is defective or ineffective master cylinder defective or leaking master cylinder insecure insufficient quantity of brake fluid master cylinder reservoir cap missing brake fluid warning lamp illuminated or defective incorrect functioning of brake fluid level warning device
1.1.11. Rigid brake pipes	risk of failure or fracture leaks from pipes or connections to coupling damaged or excessively corroded misplaced
1.1.12. Flexible brake hoses	risk of failure or fracture damaged, chafing, brake hoses too short, twisted leaks from hoses or couplings hose bulging under pressure porosity
1.1.13. Brake coverings (lining pads)	excessive wear contaminated (oil, grease, etc.)
1.1.14. Brake drums, brake discs	excessive wear, excessive scoring, cracks, insecure or fractured contaminated (oil, grease, etc.) backplate insecure
1.1.15. Brake cables, rods, levers linkage	cables damaged, knotted excessively worn or corroded cable or rod joint insecure cable guide defective any restriction to free movement of the braking system any abnormal movement of levers/rods/linkage indicating maladjustment or excessive wear
1.1.16. Brake actuators (including spring brakes or hydraulic wheel cylinders)	cracked or damaged leaking insecure/inadequate mounting excessively corroded excessive travel of operating piston or diaphragm mechanism dust protection cover missing or excessively damaged
1.1.17. Load sensing valve	defective linkage incorrect adjustment seized, not working missing
1.1.18. Automatic slack adjusters indicating	seized or abnormal movement, excessive wear or wrong adjustment defective
1.1.19. Retarder system (where fitted or required)	insecure connectors or mountings defective
1.2. Service brake performance and efficiency
1.2.1. Performance (progressively increased to maximum effort)	inadequate braking effort on one or more wheels braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle. In the case of brake testing on the road, the vehicle’s deviation from a straight line is excessive no gradual variation of brake effort (grabbing) abnormal time lag in brake operation at any wheel excessive fluctuation of brake effort due to distorted discs or oval drums
1.2.2. Efficiency	a braking ratio which relates to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads where practicable, less than the following: minimum braking efficiency: category 1: 50 %a category 2: 43 %b category 3: 40 %c category 4: 50 % category 5: 45 %d category 6: 50 % or a braking effort less than the reference values if specified by the vehicle manufacturer for the vehicle axlee
1.3. Secondary (emergency) brake performance and efficiency (if met by separate system)
1.3.1. Performance	brake inoperative on one side braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle no gradual variation of efficiency (grabbing) automatic brake system not working in the case of trailers
1.3.2. Efficiency	for all vehicle categories, a braking ratio less than 50 %f of the service brake performance defined in 1.2.2 in relation to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads
1.4. Parking brake performance and efficiency
1.4.1. Performance	brake inoperative on one side
1.4.2. Efficiency	for all vehicle categories, a braking ratio less than 16 % in relation to the maximum authorised mass, or, for motor vehicles, less than 12 % in relation to the maximum authorised combination mass of the vehicle, whichever is greater
1.5. Retarder or exhaust brake system performance	no gradual variation of efficiency (retarder) defective
1.6. Anti-lock braking	malfunction of the anti-lock warning device defective

a Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8).
b Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27).
VEHICLES IN CATEGORIES 1, 2 AND 3	VEHICLES IN CATEGORIES 4, 5 AND 6
2. Steering and steering wheel	2. Steering
2.1. Mechanical condition	2.1. Mechanical condition
2.2. Steering wheel	2.2. Steering play
2.3. Steering play	2.3. Steering system attachment
2.4. Wheel bearings
3. Visibility	3. Visibility
3.1. Field of vision	3.1. Field of vision
3.2. Condition of glass	3.2. Condition of glass
3.3. Rear-view mirrors	3.3. Rear-view mirrors
3.4. Windscreen wipers	3.4. Windscreen wipers
3.5. Screen washers	3.5. Screen washers
4. Lamps, reflectors and electrical equipment	4. Lighting equipment
4.1. Main and dipped-beam headlamps	4.1. Main and dipped-beam headlamps
4.1.1. Condition and operation	4.1.1. Condition and operation
4.1.2. Alignment	4.1.2. Alignment
4.1.3. Switches	4.1.3. Switches
4.1.4. Visual efficiency
4.2. Side lamps and end-outline marker lamps	4.2. Condition and operation, condition of lenses, colour and visual efficiency of:
4.2.1. Condition and operation	4.2.1. Side and rear lamps
4.2.2. Colour and visual efficiency	4.2.2. Stop lamps
	4.2.3. Direction-indicator lamps
	4.2.4. Reserving lamps
	4.2.5. Fog lamps
	4.2.6. Rear registration plate lamps
	4.2.7. Retro reflectors
	4.2.8. Hazard warning lamps
4.3. Stop lamps
4.3.1. Condition and operation
4.3.2. Colour and visual efficiency
4.4. Direction-indicator lamps
4.4.1. Condition and operation
4.4.2. Colour and visual efficiency
4.4.3. Switches
4.4.4. Flashing frequency
4.5. Front and rear fog lamps
4.5.1. Position
4.5.2. Condition and operation
4.5.3. Colour and visual efficiency
4.6. Reversing lamps
4.6.1. Condition and operation
4.6.2. Colour and visual efficiency
4.7. Rear registration plate lamp
4.8. Retro reflectors condition and colour
4.9. Telltales
4.10. Electrical connections between drawing vehicle and trailer or semi-trailer
4.11. Electrical wiring
5. Axles, wheels, tyres, suspension	5. Axles, wheels, tyres, suspension
5.1. Axles	5.1. Axles
5.2. Wheels and tyres	5.2. Wheels and tyres
5.3. Suspension	5.3. Suspension
6. Chassis and chassis attachments	6. Chassis and chassis attachments
6.1. Chassis or frame and attachments	6.1. Chassis or frame and attachments
6.1.1. General condition	6.1.1. General condition
6.1.2. Exhaust pipes and silencers	6.1.2. Exhaust pipes and silencers
6.1.3. Fuel tank or pipes	6.1.3. Fuel tank or pipes
6.1.4. Geometric properties and condition of rear protective device, heavy lorries	6.1.4. Spare-wheel carrier
6.1.5. Spare-wheel carrier	6.1.5. Security of coupling mechanism (if fitted)
6.1.6. Coupling mechanism on drawing vehicles, trailers and semi-trailers
6.2. Cab and bodywork	6.2. Bodywork
6.2.1. General condition	6.2.1. Structural condition
6.2.2. Mounting	6.2.2. Doors and locks
6.2.3. Doors and locks
6.2.4. Floor
6.2.5. Driver’s seat
6.2.6. Running boards
7. Other equipment	7. Other equipment
7.1. Safety belts	7.1. Mounting of driver’s seat
7.2. Fire extinguisher	7.2. Mounting of battery
7.3. Locks and anti-theft device	7.3. Audible warning device
7.4. Warning triangle	7.4. Warning triangle
7.5. First-aid kit	7.5. Safety belts
7.5.1. Security of mountings
	7.5.2. Condition of belts
7.5.3. Operation
7.6. Wheel chock(s)
7.7. Audible warning device
7.8. Speedometer
7.9. Tachograph (presence of, and integrity of seals) check validity of tachograph plate if required by Regulation (EEC) No 3821/85a check, if in doubt, whether the nominal circumference or size of tyre matches the data given on the tachograph plate where practical, check that the seals of the tachograph and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact
7.10. Speed limitation device where possible, check whether speed limiter is fitted as required by Directive 92/6/EECb check validity of speed limiter plate where practical, check that the seals of the speed limiter and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact check where practical that the speed limitation device prevents vehicles mentioned in Article 2 and Article 3 of Directive 92/6/EEC from exceeding the prescribed values
8. Nuisance	8. Nuisance
8.1. Noise	8.1. Noise

VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6 U.K.

8.2. Exhaust emissions U.K.

8.2.1. Motor vehicles equipped with positive-ignition engines and fuelled by petrol U.K.

(a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter that is lambda-probe controlled: U.K.

1.

Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.

2.

Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.

After a reasonable period of engine conditioning (taking account of manufacturer’s recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).

The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available or where the Member States’ competent authorities decide not to use it as a reference value, the CO content must not exceed the following:

(i)

for vehicles registered or put into service for the first time between the date from which Member States required the vehicles to comply with Directive 70/220/EEC(1) and 1 October 1986: CO — 4,5 % vol.;

(ii)

for vehicles registered or put into service for the first time after 1 October 1986 — 3,5 % vol.

(b) Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter that is lambda-probe controlled: U.K.

1.

Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.

2.

Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.

3.

Determination of the efficiency of the vehicle’s emission control system by measuring the lambda value and the CO content of the exhaust gases in accordance with point 4 or with the procedures proposed by the manufacturers and approved at the time of type-approval. For each of the tests the engine is conditioned in accordance with the vehicle manufacturer’s recommendations.

4.

Exhaust pipe emissions — limit values

The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer.

Where this information is not available the CO content must not exceed the following:

(i)

Measurement at engine idling speed:

The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC; the maximum CO content must not exceed 0,3 % vol. Where compliance with Directive 70/220/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.

(ii)

Measurement at high idle speed (no load), engine speed to be at least 2 000 min^-1:

CO content: maximum 0,3 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC; the maximum CO content must not exceed 0,2 % vol. Where compliance with Directive 70/220/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.

Lambda: 1 ± 0,03 or in accordance with the manufacturer’s specifications.

(iii)

For motor vehicles equipped with on-board diagnostic systems (OBD) in accordance with Directive 70/220/EEC Member States may as an alternative to the test specified in item (i) establish the correct functioning of the emission system through the appropriate reading of the OBD device and the simultaneous checking of the proper functioning of the OBD system.

8.2.2. Motor vehicles equipped with compression-ignition (diesel) engines U.K.

(a) Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged. U.K.

(b) Vehicle preconditioning: U.K.

1.

Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition.

2.

Except as specified in point (d)(5), no vehicle will be failed unless it has been preconditioned according to the following requirements:

(i)

Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 °C, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engine’s normal operating temperature may be made by other means, for example by the operation of the engine cooling fan.

(ii)

Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method.

(c) Test procedure: U.K.

1.

Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.

2.

Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle.

3.

To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump.

4.

During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two-thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles of category 1 and 2 of Annex I should be at least two seconds.

(d) Limit values: U.K.

1.

The level of concentration must not exceed the level recorded on the plate pursuant to Directive 72/306/EEC(2).

2.

Where this information is not available or where Member States’ competent authorities decide not to use it as a reference, the level of concentration must not exceed the level stated by the manufacturer or the limit values of the coefficient of absorption that are as follows:

Maximum coefficient of absorption for:

• naturally aspirated diesel engines = 2,5 m^-1,

• turbo-charged diesel engines = 3,0 m^-1,

• a limit of 1,5 m^-1 shall apply to the following vehicles that have been type-approved according to the limit values shown in:

  (a)

  row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC (Light Duty Vehicle Diesel — Euro 4);

  (b)

  row B1 of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC(3) (Heavy Duty Vehicle Diesel — Euro 4);

  (c)

  row B2 of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC (Heavy Duty Vehicle Diesel — Euro 5);

  (d)

  row C of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC (Heavy Duty Vehicle — EEV)

  or limit values in later amendments of Directive 70/220/EEC or limit values in later amendments of Directive 88/77/EEC or equivalent values where use is made of equipment of a type different from that used for EC type-approval.

Where compliance with point 5.3.1.4 of Annex I to Directive 70/220/EEC or with point 6.2.1 of Annex I to Directive 88/77/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2008.

3.

Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.

4.

Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean, or the result of any other statistical calculation that takes account of the scattering of the measurements. Member States may limit the number of test cycles.

5.

To avoid unnecessary testing, Member States may, by way of exception from the provisions of point 8.2.2(d)(4), fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in point 8.2.2(b)2(ii). Equally to avoid unnecessary testing, Member States may, by way of exception from the provisions of point 8.2.2(d)(4), pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in point 8.2.2(b)2(ii).

8.2.3. Test equipment U.K.

Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.

8.2.4. Where, during EC type-approval, a type of vehicle is found not to have satisfied the limit values laid down by this directive, the Member States may lay down higher limit values for that type of vehicle on the basis of proof supplied by the manufacturer. They must forthwith inform the Commission thereof and it in turn must inform the other Member States. U.K.

VEHICLES IN CATEGORIES 1, 2 AND 3	VEHICLES IN CATEGORIES 4, 5 AND 6
8.3. Suppression of radio interference
9. Supplementary tests for public transport vehicles
9.1. Emergency exit(s) (including hammers for breaking windows), signs indicating emergency exit(s)
9.2. Heating system
9.3. Ventilation system
9.4. Seat layout
9.5. Interior lighting
10. Vehicle identification	10. Vehicle identification
10.1. Registration plate	10.1. Registration plate
10.2. Chassis number	10.2. Chassis number

ANNEX III U.K.

PART A U.K.

Repealed Directive with list of its successive amendments

(referred to in Article 10)

Council Directive 96/96/EC (OJ L 46, 17.2.1997, p. 1)
Commission Directive 1999/52/EC (OJ L 142, 5.6.1999, p. 26)
Commission Directive 2001/9/EC (OJ L 48, 17.2.2001, p. 18)
Commission Directive 2001/11/EC (OJ L 48, 17.2.2001, p. 20)
Commission Directive 2003/27/EC (OJ L 90, 8.4.2003, p. 41)
Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)	only Annex III, point 68

PART B U.K.

Time limits for transposition into national law

(referred to in Article 10)

Directive	Time limit for transposition
96/96/EC	9 March 1998
1999/52/EC	30 September 2000
2001/9/EC	9 March 2002
2001/11/EC	9 March 2003
2003/27/EC	1 January 2004

ANNEX IV U.K.

CORRELATION TABLE

Directive 96/96/EC	This Directive
Articles 1 to 4	Articles 1 to 4
Article 5, introductory wording	Article 5, introductory wording
Article 5, first to seventh indents	Article 5, points (a) to (g)
Article 6	—
Article 7	Article 6(1)
—	Article 6(2)
Article 8(1)	Article 7(1)
Article 8(2), first subparagraph	Article 7(2)
Article 8(2), second subparagraph	—
Article 8(3)	—
Article 9(1)	—
Article 9(2)	Article 8
Article 10	—
Article 11(1)	—
Article 11(2)	Article 9
Article 11(3)	—
—	Article 10
Article 12	Article 11
Article 13	Article 12
Annexes I and II	Annexes I and II
Annexes III and IV	—
—	Annex III
—	Annex IV

(1)

Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 6.4.1970, p. 1).

(2)

Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1).

(3)

Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 36, 9.2.1988, p. 33).