The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

Interpretation

3.—(1) The Table which follows regulation 3(2) is amended in accordance with paragraphs (2) to (8).

(2) After the definition of “Community Directive 76/756/EEC, as last amended by Directive 91/663/EEC”, insert—

““Conspicuity marking”

A device intended to increase the conspicuity of a vehicle, when viewed from the side or rear, by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source(1).”

(3) In the definition of “Emergency vehicle”—

(a) omit “and” after paragraph (j); and

(b) at the end of paragraph (k) add—

“; and

(l) a vehicle used for mountain rescue purposes”.

(4) After the definition of “kg”, insert—

““km/h”

Kilometre per hour or kilometres per hour (as the case may be). ”

(5) After the definition of “Main beam”, insert—

““ Mandatory ECE conspicuity requirements”

The requirements specified in— (a) paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and (b) paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is mandatory.”

(6) In the definition of “Optional”, at the end, add “But, when used in the expression “Optional ECE conspicuity requirements”, shall be construed in accordance with the definition of that expression.”

(7) After the definition of “Optional”, insert—

““Optional ECE conspicuity requirements”

The requirements specified in— (a) paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and (b) paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is optional.”

(8) After the definition of “Stop lamp”, insert—

““Traffic officer”

Has the same meaning as in section 15 of the Traffic Management Act 2004(2).”

(9) After regulation 3(8) insert—

“(9) In these Regulations, a reference to “ECE Regulation” followed by a number is a reference to the regulation of the same number annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicle Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for reciprocal recognition of approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5th October 1995(3).

(10) In these Regulations, a reference to ECE Regulation 48 is to that Regulation as amended by the 03 series of amendments (as in force on 12th June 2007) with the following modifications—

(a) footnote 6 is omitted;

(b) paragraph 6.21.4.1.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.1.2. above, the cumulative length may be reduced to 60 per cent.”;

(c) paragraph 6.21.4.2.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.2.2. above, the cumulative length may be reduced to 60 per cent.”;

(d) footnote 10 is omitted;

(e) in paragraph 6.21.7.3. the reference to a “mandatory stop lamp” is deemed to be a reference to an obligatory stop lamp;

(f) in paragraph 6.21.7.4. the words “at the discretion of the manufacturer” are omitted; and

(g) paragraph 6.21 is deemed to contain the following paragraph inserted after paragraph 6.21.7.5.—

“6.21.7.6. No conspicuity marking may be fitted unless it bears the international approval mark referred to in paragraph 5.4. of ECE Regulation 104 (as in force on 11th July 2008).””

(1)

The same definition is used in ECE Regulation 48 (see paragraph 2.7.17.).

(2)

2004 c.18.

(3)

Cmnd 1830 5.10.1995; this Agreement is known as the “UNECE Vehicle Regulations - 1958 Agreement”.