The Road Vehicles (Construction and Use) Regulations 1986

Changes over time for: Section 4

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Application and ExemptionsE+W+S

4.—(1) Save where the context otherwise requires, these Regulations apply to both wheeled vehicles and track-laying vehicles.

(2) Where a provision is applied by these Regulations to a motor vehicle first used on or after a specified date it does not apply to that vehicle if it was manufactured at least six months before that date.

(3) Where an exemption from, or relaxation of, a provision is applied by these Regulations to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least six months before that date.

(4) [F1Subject to paragraph (7),] the regulations specified in an item in column 3 of the Table do not apply in respect of a vehicle of a class specified in that item in column 2.

TABLE

(regulation 4(4))

1	2	3
Item	Class of Vehicle	Regulations which do not apply
1	A vehicle proceeding to a port for export.	The regulations in Part II insofar as they relate to construction and equipment, except regulations 16 (insofar as it concerns parking brakes) 20, 30, 34, 37 and 53. Regulations 66 to 69 and 71.
2	A vehicle brought temporarily into Great Britain by a person resident abroad, provided that the vehicle complies in every respect with the requirements relating to motor vehicles or trailers contained in— (a) article 21 and paragraph (1) of article 22 of the Convention on Road Traffic concluded at Geneva on 19th September 1949(1) and [F2Part I,] Part II (so far as it relates to direction indicators and stop lights) and Part III of Annex 6 to that Convention; or (b) paragraphs I, III and VIII of article 3 of the International Convention relative to Motor Traffic concluded at Paris on 24th April 1926 (2)	The regulations in Part II insofar as they relate to construction and equipment except regulations 7, 8, F3... 10, [F410A,] 40 [F5and 53] [F6; and (a) additionally, in respect of any passenger vehicle with a maximum gross weight exceeding 10 tonnes registered in one or more member States, regulations 36A(2), 36A(7) and 36A(9); (b) additionally, in respect of any goods vehicle with a maximum gross weight exceeding 12 tonnes registered in one or more member States, regulations 36(B)(2), 36B(9) and 36B(11)]. Regulations 66 to 69 and 71.
3	A vehicle manufactured in Great Britain which complies with the requirements referred to in item 2 above and contained in the Convention of 1949, or, as the case may be, 1926 referred to in that item as if the vehicle had been brought temporarily into Great Britain, and either— (a) is exempt from car tax by virtue of [F7section 7(1), (2) and (3) of the Car Tax Act 1983], or (b) has been zero rated under [F8regulation 56 or 57 of the Value Added Tax (General) Regulations 1985].	The regulations in Part II insofar as they relate to construction and equipment, except regulations 7, 8, F3... 10, [F910A,] 40 [F10and 53]. Regulations 66 to 69 and 71.
4	A vehicle in the service of a visiting force or of a headquarters.	The regulations in Part II insofar as they relate to construction and equipment, except regulations F3... 16 (insofar as it concerns parking brakes), 21, 53 F11... and 61. Regulations 66 to 69, [F1271, 75 to 79 and 93A].
5	A vehicle which has been submitted for an examination under section 43 or [F13section 45] of the 1972 Act while it is being used on a road in connection with the carrying out of that examination and is being so used by a person who is empowered under that section to carry out that examination, or by a person acting under the direction of a person so empowered.	The regulations in Part II F14.... Regulations 75 to 79 and 100.
6	A motor car or a motor cycle in respect of which a certificate has been issued by the Officer in Charge of the National Collections of Road Transport, the Science Museum, London SW7. that it was designed before 1st January 1905 and constructed before 31st December 1905.	Regulations 16 (except insofar as it applies requirements 3 and 6 in Schedule 3), 21, 37(4), 63 and 99(4).
7	(a) A towing implement which is being drawn by a motor vehicle while it is not attached to any vehicle except the one drawing it if— (i) the towing implement is not being so drawn during the hours of darkness, and (ii) the vehicle by which it is being so drawn is not driven at a speed exceeding 20 mph; or (b) a vehicle which is being drawn by a motor vehicle in the exercise of a statutory power of removal.	The regulations in Part II insofar as they relate to the construction and equipment of trailers, except regulation 20.
[F158	Tramcars	The regulations in Parts II, III and IV]
[F169	A public works vehicle which has a maximum design weight of 7500kg and is specifically designed for use and used solely for the purpose of street cleansing.	Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which require the fitting of ABS to goods vehicles over 3500kg in weight.]
[F1610	A vehicle being used by a Police Authority [F17or local policing body] which has been authorised by a Chief Constable to perform accident reconstruction duties.	Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which prohibit the use of an isolation switch for the operation of ABS.]
[F1811	A vehicle being used on a road by a vehicle examiner, who has been authorised in writing by the Secretary of State for the purpose of— (a) submitting the vehicle for an examination under section 45 of the Road Traffic Act 1988 in order to ascertain whether the examination is carried out in accordance with regulations made under that section; or (b) removing the vehicle following that examination.	The regulations in Part 2. Regulations 67, 75 to 79 and 100.]

(5) Any reference to a broken down vehicle shall include a reference to any towing implement which is being used for the drawing of any such vehicle.

(6) The Secretary of State is satisfied that it is requisite that the provisions of regulation 40(2) should apply, as from the date on which these Regulations come into operation, to track-laying vehicles registered before the expiration of one year from the making of these Regulations; and that, notwithstanding that those provisions will then apply to these vehicles, no undue hardship or inconvenience will be caused thereby.

[F19(7) The exemption provided by item 11 in the Table in paragraph (4) shall only apply to the extent that the vehicle examiner using the vehicle in question reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while it is being used by that person for a purpose mentioned in that item.

(8) In item 11 in the Table in paragraph (4) and paragraph (7), “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.]

Textual Amendments

F1Words in reg. 4(4) inserted (12.12.2005) by The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 (S.I. 2005/3165), regs. 1, 4(2)(a)

F2Words in reg. 4(4) Table inserted (18.3.1988) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1988 (S.I. 1988/271), regs. 1, 3(a)

F3Word in reg. 4(4) Table omitted (1.6.1995) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1995 (S.I. 1995/1201), regs. 1, 5(1)

F4Word in reg. 4 Table Item 2 inserted (1.10.1997) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1997 (S.I. 1997/530), regs. 1(1), 3(2)

F5Words in reg. 4(4) Table Item 2 substituted (1.7.1994) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1994 (S.I. 1994/14), regs. 1(1), 3(1)(a)

F6Words in reg. 4(4) Table inserted (1.9.2003) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 3(2)

F7Words in reg. 4(4) Table substituted (18.3.1988) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1988 (S.I. 1988/271), regs. 1, 3(b)

F8Words in reg. 4(4) Table substituted (18.3.1988) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1988 (S.I. 1988/271), regs. 1, 3(c)

F9Word in reg. 4 Table Item 3 inserted (1.10.1997) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1997 (S.I. 1997/530), regs. 1(1), 3(2)

F10Words in reg. 4(4) Table Item 3 substituted (1.7.1994) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1994 (S.I. 1994/14), regs. 1(1), 3(1)(a)

F11Words in reg. 4(4) Table Item 4 omitted (1.7.1994) by virtue of The Road Vehicles (Construction and Use) (Amendment) Regulations 1994 (S.I. 1994/14), regs. 1(1), 3(1)(b)