PART IIE+W+SREGULATIONS GOVERNING THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

BE+W+SBRAKES

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

15.—(1) Save as provided in paragraphs (2), (3) [F1except 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 [F2in the case of a motor vehicle,] is first used on or after 1st April 1983 [F3or which, in the case of the trailer, is manufactured on or after 1st October 1982,] 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.

[F4Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with regulations 16 and 17.]

TABLE

(regulation 15(1))

12 3
ItemClass of VehicleVehicle 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
2Buses having a maximum gross weight which does not exceed 5000 kg.M2
3 Buses having a maximum gross weight which exceeds 5000 kg.M3
4Dual-purpose vehicles not within [F5item 1]; 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—
5exceeds 3500 kg but does not exceed 12,000 kg.N2
6exceeds 12,000 kg. N3
[F6Trailers with a maximum total design axle weight which–]
7does not exceed 750 kg.O1
8exceeds 750 kg but does not exceed 3500 kg.O2
9exceeds 3500 kg but does not exceed 10,000 kg.O3
10 exceeds 10,000 kg.O4

[F7(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 [F8in the case of a motor vehicle,] is first used on or after the relevant date [F9or which, in the case of a trailer, is manufactured 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.

[F10Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date, to comply with the said requirements instead of complying with paragraph (1), or with regulations 16 and 17.]

[F11(1B) In paragraph (1A), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle of any other class is 1st April 1989.]]

[F12(1C) 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 in the case of a motor vehicle is first used on or after 1st April 1992 or in the case of a trailer is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 88/194, 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.

(2) The requirements specified [F13paragraphs (1), (1A) and (1C)] 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 [F13paragraphs (1), (1A) and (1C)] shall apply to the classes of vehicles specified in the Table so that—

[F14(a)in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647 and 88/194 shall apply to every vehicle specified in that item other than–

(i)a double-decked vehicle first used before 1st October 1983, or

(ii)a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647 or 88/194.]

[F15(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 [F16or 88/194],

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 [F17Community 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 [F18continuing to steer the vehicle]; 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 [F17Community Directive 79/489] shall not apply to a vehicle [F19first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (1B)] if either—

(i) following a test in respect of which the fee numbered [F2026024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990 is payable], 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).

[F21(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.]

[F22(4) Instead of complying with paragraph (1) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04 or 13.05.

[F23(5) Instead of complying with paragraph (1A) or (1C) of this regulation, a vehicle to which this regulation applies may comply with 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 [F24or 88/194], 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

Commencement Information

I1Reg. 15 in force at 11.8.1986, see reg. 1