The Road Vehicles (Construction and Use) Regulations 1986

Braking systems of certain vehicles first used on or after 1st April 1983 E+W+S

15.—(1) Save as provided in paragraphs (2), (3) [F1 except sub-paragraph (b)(ii)] and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which is first used on or after 1st April 1983 shall comply with the construction, fitting, and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive, in relation to the category of vehicles specified in that item in column 3.

Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1983 to comply with the said requirements instead of complying with regulations 16 and 17.

TABLE

(regulation 15(1))

1	2	3
Item	Class of Vehicle	Vehicle Category in the Community Directive
1	Passenger vehicles and dual-purpose vehicles which have 3 or more wheels except— (a) dual-purpose vehicles constructed and adapted to carry not more than 2 passengers exclusive of the driver; (b) motor-cycles with side-car attached; (c) vehicles having 3 wheels, and not exceeding a maximum gross weight of 1000 kg, a design speed of 40 km/h and an engine capacity of 50 cc.; (d) buses.	M1
2	Buses having a maximum gross weight which does not exceed 5000 kg.	M2
3	Buses having a maximum gross weight which exceeds 5000 kg.	M3
4	Dual-purpose vehicles not within item 1(a); and goods vehicles, having a maximum gross weight which does not exceed 3500 kg, and not being motorcycles with a sidecar attached.	N1
	Goods vehicles with a maximum gross weight which—
5	exceeds 3500 kg but does not exceed 12,000 kg.	N2
6	exceeds 12,000 kg.	N3
	Trailers of which the sum of the axle weights—
7	does not exceed 750 kg.	O1
8	exceeds 750 kg but does not exceed 3500 kg.	O2
9	exceeds 3500 kg but does not exceed 10,000 kg.	O3
10	exceeds 10,000 kg.	O4

[F2 (1A) Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which is first used on or after the relevant date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1989 to comply with the said requirements instead of complying with regulations 15(1), 16 and 17.

(1B) In paragraph (1A), the relevant date in relation to a vehicle in category M1, M2 or N1 is 1st April 1990, and in relation to a vehicle in any other category is 1st April 1989.]

(2) The requirements specified [F3 paragraphs (1) and (1A)] do not apply to—

(a) an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b) a locomotive;

(c) a motor tractor;

(d) an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e) a vehicle which has a maximum speed not exceeding 25 km/h;

(f) a works trailer;

(g) a works truck;

(h) a public works vehicle;

(i) a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub-paragraph (b), (c), (e), (g) or (h) of this paragraph applies;

(j) a trailer mentioned in regulation 16(3)(b), (d), (e), (f) and (g); or

(k) a vehicle manufactured by Leyland Vehicles Limited and known as the Atlantean Bus, if first used before 1st October 1984.

(3) The requirements specified in [F4 paragraphs (1) and (1A)] shall apply to the classes of vehicles specified in the Table so that—

(a) in items 2 and 3 the testing requirements specified in paragraphs 1.5.1 and 1.5.2 of Annex II to [F5 Community Directive 79/489] shall not apply in relation to a double-decked vehicle first used before 1st October 1983;

[F6 (b) in items 2 and 3–

(i) the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489; and

(ii) sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647,

shall not apply;]

(c) in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirement in paragraph 2.1.2.1 of Annex I to [F7 Community Directive 79/489] that the driver must be able to achieve the braking action mentioned in that paragraph from his driving seat without removing his hands from the steering control shall be modified so as to require that the driver is able to achieve that action while one of his hands remains on the steering control; and

(d) in items 1, 4, 5, 6, 7, 8, 9 and 10 the requirement specified in paragraph 1.1.4.2 of Annex II to [F7 Community Directive 79/489] shall not apply to a vehicle if either—

(i) following a test in respect of which the fee numbered 1360C, 1361Z or 1362W, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1984(1) has been paid, a document is issued by the Secretary of State indicating that, at the date of manufacture of the vehicle, the type to which it belongs complies with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04 or 13.05; or

(ii) as a result of a notifiable alteration to the vehicle, within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in sub-paragraph (i).

[F8 (3A) The requirements specified in paragraph (1A) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.]

(4) Instead of complying with [F9 paragraph (1)] of this regulation, a vehicle to which this regulation applies may comply with Community Directive 79/489 or with ECE Regulation 13.03, 13.04 or 13.05, so, however, that a vehicle on which a notifiable alteration referred to in paragraph (3) (d) has been carried out shall not be treated as so complying unless the fitment installed in it has been approved as mentioned in that paragraph.

[F10 (5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with Community Directive 85/647 or ECE Regulation 13.05.

(6) In paragraph (3A) the expression “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3mu23 carried on a vehicle.

(7) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, the definitions of “semi-trailer”, “full trailer” and “centre-axle trailer” set out in that Directive shall apply and the meaning of “semi-trailer” in column 2 of the Table in regulation 3(2) shall not apply.]

Textual Amendments

F1 Words in reg. 15(1) inserted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(a)

F2 Reg. 15(1A)(1B) inserted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(b)

F3 Words in reg. 15(2) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(c)

F4 Words in reg. 15(3) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(d)(i)

F5 Words in reg. 15(3)(a) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(d)(ii)

F6 Reg. 15(3)(b) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(d)(iii)

F7 Words in reg. 15(3)(c)(d) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(d)(iv)

F8 Reg. 15(3A) inserted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(e)

F9 Words in reg. 15(4) substituted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(f)

F10 Reg. 15(5)-(7) inserted (6.5.1987) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1987 (S.I. 1987/676), regs. 1(2), 7(g)

Commencement Information

I1 Reg. 15 in force at 11.8.1986, see reg. 1

(1)

The amending instrument is S.I. 1985/1656.