The Road Vehicles (Construction and Use) Regulations 1986

F E+W+S INSTRUMENTS AND EQUIPMENT

Speedometers E+W+S

35.—(1) Save as provided in paragraphs (2) and (3), every motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch, separately.

(2) Paragraph (1) does not apply to—

(a) a vehicle having a maximum speed not exceeding 25 mph;

(b) a vehicle which it is at all times unlawful to drive at more than 25 mph;

(c) an agricultural motor vehicle which is not driven at more than 20 mph;

(d) a motor cycle first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc;

(e) an invalid carriage first used before 1st April 1984;

(f) a works truck first used before 1st April 1984;

(g) a vehicle first used before 1st October 1937; or

(h) a vehicle equipped with recording equipment marked with a marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 3 in Schedule 4 to those Regulations (whether or not the vehicle is required to be equipped with that equipment) and which, as regards the visual indications given by that equipment of the speed of the vehicle, complies with the requirements relating to the said indications and installations specified in the Community Recording Equipment Regulation.

(3) Instead of complying with paragraph (1) a vehicle may comply with [F1 Community Directive 97/39] or with ECE Regulation 39.

Textual Amendments

F1 Words in reg. 35(3) substituted (1.6.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1998 (S.I. 1998/1188), regs. 1, 11

Commencement Information

I1 Reg. 35 in force at 11.8.1986, see reg. 1

Maintenance of speedometers E+W+S

36.—(1) Every instrument for indicating speed fitted to a motor vehicle—

(a) in compliance with the requirements of regulation 35(1) or (3); or

(b) to which regulation 35(2)(h) relates and which is not, under the Community Recording Equipment Regulation, required to be equipped with the recording equipment mentioned in that paragraph,

shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.

(2) In this regulation “all material times” means all times when the motor vehicle is in use on a road except when—

(a) the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or

(b) as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.

Commencement Information

I2 Reg. 36 in force at 11.8.1986, see reg. 1

Speed limiters E+W+S

[F2 36A.— (1) Subject to paragraph (13), this regulation applies to every coach which—

(a) was first used on or after 1st April 1974 and before 1st January 1988; and

(b) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding [F3 112.65 km/h]; and a reference to this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2) Subject to paragraph (13), this regulation also applies to every bus which—

(a) is first used on or after 1st January 1988;

(b) has a maximum gross weight exceeding 7.5 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding [F4 100 km/h]; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

[F5 (2A) Subject to paragraph (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight exceeding 5 tonnes but not exceeding 10 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2B) Subject to paragraphs (2E) and (13), this regulation also applies to every bus which—

(a) is first used on or after 1st January 2005;

(b) has a maximum gross weight not exceeding 5 tonnes; and

(c) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2C) Subject to paragraphs (2D) and (13), this regulation also applies to every bus, not being a bus to which paragraph (2) applies, which—

(a) was first used on or after 1st October 2001 and before 1st January 2005;

(b) complies with the limit values set out in Council Directive 88/77/EEC;

(c) has a maximum gross weight not exceeding 10 tonnes; and

(d) has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 100 km/h;

and a reference in this regulation to a paragraph (2C) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(2D) This regulation shall apply—

(a) on or after 1st January 2006 in the case of a paragraph (2C) vehicle used for both national and international transport operations; and

(b) on or after 1st January 2007 in the case of a paragraph (2C) vehicle used solely for national transport operations.

(2E) This regulation shall apply on or after 1st January 2008 in the case of a paragraph (2B) vehicle used solely for national transport operations.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (5) to (9) are met as apply to that speed limiter.

(5) Subject to paragraph (10), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply; and

(b) be maintained in good and efficient working order.

(6) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle must be calibrated to a set speed not exceeding [F7 112.65 km/h].

[F8 (7) Subject to paragraph (7A), the requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle, a paragraph (2A) vehicle, a paragraph (2B) vehicle or a paragraph 2(C) vehicle, must be set so that the speed of the vehicle cannot exceed 100 km/h.]

[F9 (7A) A speed limiter fitted to a paragraph (2) vehicle which is first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes, may be set at a maximum speed of 100 km/h.]

(8) Subject to paragraphs (11) and (12), the requirements of this paragraph are that a speed limiter fitted at any time to any paragraph (1) vehicle or a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 [F10 as amended by Directive 2004/11/EC of the European Parliament and of the Council].

(9) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (8) applies) fitted to a paragraph (2) vehicle [F11 , a paragraph (2A) vehicle, a paragraph (2B) vehicle and a paragraph (2C) vehicle] must comply with the Annexes to Community Directive 92/24 [F12 as amended by Directive 2004/11/EC of the European Parliament and of the Council].

F13 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Paragraph (5)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

(11) Paragraph (8) does not apply to a speed limiter fitted before 1st October 1988.

(12) Paragraph (8) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(13) This regulation does not apply to a vehicle—

(a) being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced; or

(b) completing a journey in the course of which the speed limiter has accidentally ceased to function.

(14) In this regulation

• “authorised sealer” has the meaning given in Schedule 3B;

• “equivalent standard” means—

  (a)

  a standard or code of practice of a national standards body or equivalent body of any member State;

  (b)

  any international standard recognised for use as a standard by any member State; or

  (c)

  a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any member State, where the standard, code of practice, international standard or technical specification provides, in relation to speed limiters, a level of speed control equivalent to that provided by Part 1 of the British Standard;

• [F14 “international transport operations” means transport operations outside the United Kingdom;]

• [F14 “national transport operations” means transport operations within the United Kingdom;]

• “Part 1 of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BS AU 217: Part 1: 1987 and which came into effect on 29th May 1987; as amended by Amendment Slip No.1 under the number AMD 5969 which was published and came into effect on 30th June 1988;

• “set speed”, in relation to a calibrated speed limiter fitted to a vehicle, means the speed intended by the person who calibrated the speed limiter to be the mean speed of the vehicle when operating in a stabilised condition;

• “speed limiter” means a device designed to limit the maximum speed of a motor vehicle by controlling the power output from the engine of the vehicle

• F15 ...

• [F14 “transport operations” means the transportation of passengers in vehicles designed for such a purpose and to which this regulation applies.]]

Textual Amendments

F2 Regs. 36A, 36B substituted (1.1.1994) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/3048), regs. 1, 3(1), Sch. Pt. I

F3 Word in reg. 36A(1)(b) substituted (1.7.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I. 1997/1340), regs. 1, 3(2)

F4 Word in reg. 36A(2)(c) substituted (1.7.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I. 1997/1340), regs. 1, 3(3)

F5 Reg. 36A(2A)-(2E) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(2)

F6 Reg. 36A(3) omitted (1.7.1998) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I. 1997/1340), regs. 1, 3(4)

F7 Word in reg. 36A(6) substituted (1.7.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I. 1997/1340), regs. 1, 3(5)

F8 Reg. 36A(7) substituted (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(3)

F9 Reg. 36A(7A) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(4)

F10 Words in reg. 36A(8)(b) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(5)

F11 Words in reg. 36A(9) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(6)(a)

F12 Words in reg. 36A(9) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(6)(b)

F13 Reg. 36A(9A) omitted (1.9.2003) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 4

F14 Words in reg. 36A(14) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 3(7)

F15 Words in reg. 36A(14) omitted (1.7.1998) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I. 1997/1340), regs. 1, 3(8)

[F2 36B.— (1) Subject to paragraphs (5) and (14), this regulation applies to every motor vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 7,500 kg but not exceeding 12,000 kg;

(c) is first used on or after 1st August 1992 [F16 and before 1st January 2005]; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph; and a reference in this regulation to a paragraph (1) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

[F17 (1A) Subject to paragraphs (1D) and (14), this regulation also applies to every motor vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;

(c) is first used on or after 1st January 2005; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1A) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1B) Subject to paragraphs (1C) and (14), this regulation also applies to every motor vehicle, not being a motor vehicle to which paragraph (1) applies, which—

(a) was first used on or after 1st October 2001 and before 1st January 2005;

(b) complies with the limit values set out in Council Directive 88/77/EEC;

(c) has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90 km/h;

and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

(1C) This regulation shall apply—

(a) on or after 1st January 2006 in the case of a paragraph (1B) vehicle used for both national and international transport operations; and

(b) on or after 1st January 2007 in the case of a paragraph (1B) vehicle used solely for national transport operations.

(1D) This regulation shall apply on or after 1st January 2008 in the case of a paragraph (1A) vehicle with a maximum gross weight not exceeding 7,500 kg and used solely for national transport operations.]

(2) Subject to [F18 paragraph (14)], this regulation also applies to every vehicle which—

(a) is a goods vehicle;

(b) has a maximum gross weight exceeding 12,000 kg;

(c) is first used on or after 1st January 1988; and

(d) has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding [F19 90 km/h]; and a reference in this regulation to a paragraph (2) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.

F20 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Every vehicle to which this regulation applies shall be fitted with a speed limiter in respect of which such of the requirements of paragraphs (7) to (11) are met as apply to that speed limiter.

(7) Subject to paragraph (12), the requirements of this paragraph are that a speed limiter fitted to any vehicle must—

(a) be sealed by an authorised sealer in such a manner as to protect the limiter against any improper interference or adjustment or against any interruption of its power supply; and

(b) be maintained in good and efficient working order.

(8) The requirements of this paragraph are that a speed limiter fitted to a paragraph (1) vehicle F21 ... must be calibrated to a set speed not exceeding 60 mph.

[F22 (9) F23 ... the requirements of this paragraph are that a speed limiter fitted to [F24 a paragraph (1A) vehicle, a paragraph (1B) vehicle or] a paragraph (2) vehicle must be set [F25 so that] the stabilised speed of the vehicle must not exceed 90 km/h.]

(10) Subject to paragraph (13), the requirements of this paragraph are that a speed limiter fitted at any time to a paragraph (1) vehicle, a speed limiter fitted before 1st October 1994 to a paragraph (2) vehicle first used before that date F26 ... must comply with—

(a) Part 1 of the British Standard; or

(b) the Annexes to Community Directive 92/24 [F27 as amended by Directive 2004/11/EC of the European Parliament and of the Council].

(11) The requirements of this paragraph are that a speed limiter (not being a speed limiter to which paragraph (10) applies) fitted to [F28 a paragraph (1A) vehicle, a paragraph (1B) vehicle and] a paragraph (2) vehicle must comply with the Annexes to Community Directive 92/24 [F29 as amended by Directive 2004/11/EC of the European Parliament and of the Council].

F30 (11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Paragraph (7)(a) shall have effect in relation to—

(a) a speed limiter fitted before 1st August 1992 to a vehicle first used before that date; or

(b) a speed limiter sealed outside the United Kingdom, as if the words “by an authorised sealer” were omitted.

F31 (12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Paragraph (10) does not apply to a speed limiter fitted to a vehicle if the speed limiter complies with an equivalent standard.

(14) This regulation does not apply to a vehicle—

(a) which is being taken to a place where a speed limiter is to be installed, calibrated, repaired or replaced;

(b) which is completing a journey in the course of which the speed limiter has accidentally ceased to function;

(c) is owned by the Secretary of State for Defence and used for naval, military or air force purposes;

(d) is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;

(e) while it is being used for [F32 fire brigade][F32 relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] [F33 or, in England, fire and rescue authority], ambulance or police purposes; or

[F34 (f) at a time when it is being used on a public road during any calendar week if—

(i) it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii) it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994.]

(15) In this regulation

• “equivalent standard”, “Part 1 of the British Standard”, F35 ... “speed limiter” and “stabilised speed” have the same meanings as in regulation 36A;

• [F36 “international transport operations” means transport operations outside the United Kingdom;]

• [F36 “national transport operations” means transport operations within the United Kingdom;]

• F37 ... “relevant speed” means a speed which a vehicle is incapable, by means of its construction, of exceeding on the level under its own power when unladen

• [F38 “set speed”, in relation to a paragraph (1) vehicle, has the same meaning as in regulation 36A; and

• F39 ... “set” in relation to a speed limiter fitted to [F40 a paragraph (1A) vehicle, a paragraph (1B) vehicle and] a paragraph (2) vehicle, has the same meaning as in Community Directive 92/6; and references to the speed at which a speed limiter is set shall be construed accordingly];

• [F36 “transport operations” means the transportation of goods in vehicles designed for such a purpose and to which this regulation applies.]

(16) For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000 kg if—

(a) in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000 kg;

(b) in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000 kg; and

(c) in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000 kg when travelling on a road; and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by [F41 Schedule 10 or 10B]) or in column (4) of the plate (where the plate is in the form required by [F41 Schedule 10A or 10C]).]

Textual Amendments

F2 Regs. 36A, 36B substituted (1.1.1994) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/3048), regs. 1, 3(1), Sch. Pt. I

F16 Words in reg. 36B(1)(c) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(2)

F17 Reg. 36B(1A)-(1D) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(3)

F18 Words in reg. 36B(2) substituted (1.9.2003) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 5(2)

F19 Words in reg. 36B(2)(d) substituted (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(4)

F20 Reg. 36B(3)-(5) omitted (1.9.1996) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1996 (S.I. 1996/2064), regs. 1(2), 3(2)

F21 Words in reg. 36B(8) omitted (1.9.2003) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 5(3)

F22 Reg. 36B(9) substituted (1.9.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1996 (S.I. 1996/2064), regs. 1(2), 3(3)

F23 Words in reg. 36B(9) omitted (1.1.2005) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(5)(a)

F24 Words in reg. 36B(9) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(5)(b)

F25 Words in reg. 36B(9) substituted (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(5)(c)

F26 Words in reg. 36B(10) omitted (1.9.2003) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/1946), regs. 1, 5(4)

F27 Words in reg. 36B(10)(b) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(6)

F28 Words in reg. 36B(11) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(7)(a)

F29 Words in reg. 36B(11) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(7)(b)

F30 Reg. 36B(11A) omitted (1.1.2005) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(8)

F31 Reg. 36B(12A) omitted (1.1.2005) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(9)

F32 Words in reg. 36B(14)(e) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. para. 5(4)(a); S.S.I. 2005/392, art. 2

F33 Words in reg. 36B(14)(e) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 10(4)(a)

F34 Reg. 36B(14)(f) substituted (1.7.1995) by Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1995 (S.I. 1995/1458), regs. 1, 2

F35 Words in reg. 36B(15) omitted (1.9.1996) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1996 (S.I. 1996/2064), regs. 1(2), 3(6)(a)

F36 Words in reg. 36B(15) added (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(11)

F37 Word in reg. 36B(15) omitted (1.9.1996) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1996 (S.I. 1996/2064), regs. 1(2), 3(6)(b)

F38 Words in reg. 36B(15) inserted (1.9.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1996 (S.I. 1996/2064), regs. 1(2), 3(6)(b)

F39 Words in reg. 36B(15) omitted (1.1.2005) by virtue of The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(10)(a)

F40 Words in reg. 36B(15) inserted (1.1.2005) by The Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2004 (S.I. 2004/2102), regs. 1, 4(10)(b)

F41 Words in reg. 36B(16) substituted (24.3.1994) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994 (S.I. 1994/329), regs. 1, 5

[F42 Speed limiters — authorised sealers E+W+S

36C.   Schedule 3B (authorised sealers) shall have effect.]

Textual Amendments

F42 Reg. 36C inserted (1.8.1992) by The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1992 (S.I. 1992/422), regs. 1(2), 5(1)

Audible warning instruments E+W+S

37.—(1) (a) Subject to sub-paragraph (b), every motor vehicle which has a maximum speed of more than 20 mph shall be fitted with a horn, not being a reversing alarm or a two-tone horn.

(b) Sub-paragraph (a) shall not apply to an agricultural motor vehicle, unless it is being driven at more than 20 mph.

(2) Subject to paragraph (6), the sound emitted by any horn, other than a reversing alarm or a two-tone horn, fitted to a wheeled vehicle first used on or after 1st August 1973 shall be continuous and uniform and not strident.

(3) A reversing alarm fitted to a wheeled vehicle shall not be strident.

(4) Subject to paragraphs (5), (6) and (7) no motor vehicle shall be fitted with a bell, gong, siren or two-tone horn.

(5) The provisions of paragraph (4) shall not apply to motor vehicles—

(a) used for [F43 fire brigade][F43 relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] [F44 or, in England, fire and rescue authority], ambulance or police purposes;

(b) owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;

(c) owned by the Forestry Commission or by local authorities and used from time to time for the purposes of fighting fires;

(d) owned by the Secretary of State for Defence and used for the purposes of the disposal of bombs or explosives;

(e) used for the purposes of the Blood Transfusion Service provided under the National Health Service Act 1977 or under the National Health Service (Scotland) Act 1947;

(f) used by Her Majesty's Coastguard or the Coastguard Auxiliary Service to aid persons in danger or vessels in distress on or near the coast;

[F45 (g) used for the purposes of rescue operations at mines;]

(h) owned by the Secretary of State for Defence and used by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations in connection with crashed aircraft or any other emergencies; or

(i) owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats.

(6) The provisions of paragraphs (2) and (4) shall not apply so as to make it unlawful for a motor vehicle to be fitted with an instrument or apparatus (not being a two-tone horn) designed to emit a sound for the purpose of informing members of the public that goods are on the vehicle for sale.

(7) Subject to paragraph (8), the provisions of paragraph (4) shall not apply so as to make it unlawful for a vehicle to be fitted with a bell, gong or siren—

(a) if the purpose thereof is to prevent theft or attempted theft of the vehicle or its contents; or

(b) in the case of a bus, if the purpose thereof is to summon help for the driver, the conductor or an inspector.

(8) Every bell, gong or siren fitted to a vehicle by virtue of paragraph (7)(a), and every device fitted to a motor vehicle first used on or after 1st October 1982 so as to cause a horn to sound for the purpose mentioned in paragraph (7)(a), shall be fitted with a device designed to stop the bell, gong, siren or horn emitting noise for a continuous period of more than five minutes; and every such device shall at all times be maintained in good working order.

(9) Instead of complying with paragraphs (1), (2) and (4) to (8), a vehicle may comply with Community Directive 70/388 or ECE Regulation 28 or, if the vehicle is an agricultural motor vehicle, with Community Directive 74/151.

(10) In this regulation and in regulation 99—

(a) “horn” means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted;

(b) references to a bell, gong or siren include references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell, gong or siren;

(c) “reversing alarm” means a device fitted to a motor vehicle and designed to warn persons that the vehicle is reversing or is about to reverse; and

(d) “two-tone horn” means an instrument which, when operated, automatically produces a sound which alternates at regular intervals between two fixed notes.

Textual Amendments

F43 Words in reg. 37(5)(a) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. 1 para. 5(4)(b); S.S.I. 2005/392, art. 2

F44 Words in reg. 37(5)(a) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 10(4)(b)

F45 Reg. 37(5)(g) substituted (31.10.1994) by The Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 (S.I. 1994/2567), reg. 1, Sch.

Commencement Information

I3 Reg. 37 in force at 11.8.1986, see reg. 1

Motor cycle sidestands E+W+S

38.—(1) No motor cycle first used on or after 1st April 1986 shall be fitted with any sidestand which is capable of—

(a) disturbing the stability or direction of the motor cycle when it is in motion under its own power; or

(b) closing automatically if the angle of the inclination of the motor cycle is inadvertently altered when it is stationary.

(2) In this regulation “sidestand” means a device fitted to a motor cycle which, when fully extended or pivoted to its open position, supports the vehicle from one side only and so that both the wheels of the motor cycle are on the ground.

Commencement Information

I4 Reg. 38 in force at 11.8.1986, see reg. 1