33.—(1) Save as provided in [F2paragraphs (5) to (6H)], a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors or other device for indirect vision, if any, as are specified in that item in column 3; and any mirror or other device for indirect vision which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in columns 4 and 5.
(2) Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 8 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex 1 to Community Directive 71/127) exceeding 3500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).
(3) Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 10 or 11 of the Table which is first used on or after 1st April 1969 the edges of any interior mirror shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.
(4) Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 7, or within item 8, of the Table—
(a)each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;
(b)each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in his driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;
(c)where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;
(d)where the bottom edge of an exterior mirror, which complies with the requirements of Community Directive 2003/97 or 2005/27 or ECE Regulation 46.02, is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 25 cm beyond the overall width of the vehicle or, in the case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 25 cm beyond the overall width of the trailer;
(e)each interior mirror shall be capable of being adjusted by the driver when in his driving position; and
(f)except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver’s side of the vehicle shall be capable of being adjusted by the driver when in his driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.
(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—
(a)if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(b)if it is a goods vehicle first used on or after 1st August 1989 and before 26th January 2007—
(i)in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg, with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and
(ii)in the case of a vehicle with a maximum gross weight exceeding 12,000 kg, with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(c)if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(d)if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and
(e)if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.
(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in—
(a)Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;
(b)Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6;
(c)Annex II to Community Directive 2003/97, excluding paragraph 3.4; or
(d)Annex II to Community Directive 2005/27, excluding paragraph 3.4.
[F3(6A) The requirements set out in paragraph (1) and the Table are modified as set out in paragraphs (6C) and (6D) in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of that vehicle.
(6B) The alternative requirements set out in paragraph (5) do not apply in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of the vehicle.
(6C) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 3 of the Table shall instead meet the requirements set out in item 4 which are applicable to a vehicle of the same maximum gross weight.
(6D) Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 5 of the Table shall instead meet the requirements set out in item 6.
(6E) For the purposes of paragraphs (6C) and (6D)—
(a)the words “and other devices for indirect vision” are omitted from item 4; and
(b)the words “or other devices for indirect vision” are omitted from items 4 and 6.
(6F) A relevant vehicle does not have to comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle) in the circumstances set out in paragraph (6G) or (6H).
(6G) The first set of circumstances is where the vehicle is equipped in the manner described in article 3(2) of Community Directive 2007/38.
(6H) The second set of circumstances is where the vehicle cannot, for want of available, economically viable, technical solutions—
(a)comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle); or
(b)be equipped in the manner described in article 3(2) of Community Directive 2007/38,
but is equipped in the manner described in article 3(3) of Community Directive 2007/38.]
(7) In this regulation—
(a)“devices for indirect vision” mean devices to observe the traffic area adjacent to the vehicle which cannot be observed by direct vision and may include conventional mirrors, camera-monitors or other devices able to present information about the indirect field of vision to the driver;
(b)“mirror” means any device with a reflecting surface, excluding devices such as periscopes, intended to give a clear view to the rear, side or front of the vehicle;
(c)“interior mirror” means a device defined in sub-paragraph (a), which can be fitted in the passenger compartment of a vehicle;
(d)“exterior mirror” means a device defined in sub-paragraph (a), which can be fitted on the external surface of a vehicle;
[F4(e)“class IV” and “class V”, in relation to mirrors, have the meanings given in point 1.1.1.14 of Annex I to Community Directive 2003/97; and
(f)“a relevant vehicle” means a vehicle which—
(i)would be a goods vehicle of a class referred to in column 2 of item 4 or 6 of the Table if “1st January 2000” were substituted for “26th January 2007”; and
(ii)is not outside the scope of Community Directive 2007/38 by virtue of article 2(2)(b) or (c) of that Directive.]
(8) In the case of—
(a)an agricultural motor vehicle, or
(b)a vehicle described in items 2 or 8 in the Table,
when drawing a trailer the references to a vehicle in the definitions in paragraph (7) shall be construed as including references to that trailer.
[F5(9) Where a provision is applied by paragraph (6C) or (6D) to a vehicle which was first used on or after 1st January 2000, that provision applies to the vehicle whatever the date of manufacture of the vehicle, and regulation 4(2) is disapplied accordingly.]
(regulation 33(1))
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Item | Class of vehicle | Mirrors or other devices for indirect vision to be fitted | Requirements to be complied with by any mirrors fitted | Requirements to be complied with by any other devices for indirect vision where fitted |
| 1 | A motor vehicle which is— (a) drawing a trailer, if a person is carried on the trailer so that he has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear; (b) (i) a works truck; (ii) a track-laying agricultural motor vehicle; and (iii) a wheeled agricultural motor vehicle first used before 1st June 1978, if, in each case, the driver can easily obtain a view to the rear; (c) a pedestrian-controlled vehicle; (d) a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; or (e) an agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which— (i) is a track-laying vehicle or (ii) is a wheeled vehicle first used before 1st June 1978. | No requirement. | (a)If the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. (b)In other cases, none, except as specified in paragraph (3). | None |
| 2. | A motor vehicle not included in item 1, which is— (a) a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978; (b) [F6an agricultural motor vehicle, not being— (i) a track laying vehicle with an unladen weight not exceeding 7370 kg (which falls in item 11); (ii) a category T tractor first used after 1st June 1986 which is driven at more than 40 km/h (which falls in item 8); (iii) a wheeled agricultural vehicle, other than a category T tractor, first used after 1st June 1986 which is driven at more than 20 mph (which falls in item 8); or] (c) a works truck. | At least one exterior mirror fitted on the offside. | None, except as specified in paragraphs (2) and (3). | None. |
| 3. | A wheeled motor vehicle not included in items 1 or 4 first used on or after 1st April 1983 which is— (a)a bus; or (b)a goods vehicle with a maximum gross weight exceeding 3500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 5. | Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 8. | Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None. |
| 4. | A wheeled motor vehicle not included in item 1 first used on or after 26th January 2007 which is— (a)a bus; (b)a goods vehicle with a maximum gross weight— (i)exceeding 3500 kg but not exceeding 7500 kg; or (ii)exceeding 7500 kg but not exceeding 12,000 kg; (not being an agricultural motor vehicle or one which is not driven at more than 20 mph). | (a) and (b)(ii) Mirrors and other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. (b)(i) Mirrors or other devices for indirect vision complying with Community Directive 2005/27. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
| 5. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988 and before 26th January 2007. | Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01. | Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None |
| 6. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 26th January 2007. | Mirrors or other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
| 7. | A two-wheeled motor cycle with or without a sidecar attached. | No requirement. | (a)If the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. (b)In other cases, none. | None. |
| 8. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978) and before 26th January 2010. | (i)At least one exterior mirror fitted on the offside of the vehicle; and (ii)at least one interior mirror, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and (iii)at least one exterior mirror fitted on the nearside of the vehicle unless an interior mirror gives the driver an adequate view to the rear. | Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4) of this regulation. | None. |
| 9. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 26th January 2010. | Mirrors complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | If fitted to comply with Part B of Annex II to Community Directive 2003/97 or paragraphs 4, 5 and 6.2 of ECE Regulation 46.02. |
| 10. | A wheeled motor vehicle, not in items 1 to 7, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is— (a) a bus; (b) a dual-purpose vehicle; or (c) a goods vehicle. | At least one exterior mirror fitted on the offside of the vehicle and either one interior mirror or one exterior mirror fitted on the near-side of the vehicle. | None, except as specified in paragraph (3). | None. |
| 11. | A motor vehicle, whether wheeled or track-laying, not in items 1 to 10. | At least one interior or exterior mirror. | None, except as specified in paragraph (3). | None.] |
Textual Amendments
F1Reg. 33 substituted (12.12.2005) by The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 (S.I. 2005/3165), regs. 1, 5, Sch.
F2Words in reg. 33(1) substituted (31.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 3(2)
F3Reg. 33(6A)-(6H) inserted (31.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 3(3)
F4Reg. 33(7)(e)(f) added (31.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 3(4)
F5Reg. 33(9) added (31.3.2009) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2009 (S.I. 2009/142), regs. 1(2), 3(5)
F6Words in reg. 33 Table substituted (9.3.2015) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2015 (S.I. 2015/142), regs. 1(2), 13
Commencement Information