The Road Vehicles (Construction and Use) Regulations 1986

Changes over time for: Section 37

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Point in time view as at 22/05/2019.

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This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

Changes to legislation:

The Road Vehicles (Construction and Use) Regulations 1986, Section 37 is up to date with all changes known to be in force on or before 24 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Audible warning instrumentsE+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 [F1, not being a category T tractor], unless it is being driven at more than 20 mph.

[F2(c)Sub-paragraph (a) shall not apply to a category T tractor unless it is being driven at more than 40 km/h.]

(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 [F3fire brigade] [F4Scottish Fire and Rescue Service] [F5or, in England or Wales, fire and rescue authority] [F6or, in England, fire and rescue authority]F7... or police purposes;

[F8(aza)used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;]

[F9(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), used for Serious Organised Crime Agency purposes;]

[F10(ab)so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, used for Serious Organised Crime Agency 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;

[F11(ca)owned by the Scottish Ministers for the purposes of their functions under the Forestry and Land Management (Scotland) Act 2018 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;

[F12(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; F13...

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

[F14(j)a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given by section 93(4) of the Police Act 1997); F15...

[F16(k)owned or operated by the Secretary of State for Defence and used—

(i)for the purpose of any activity—

(aa)which prevents or decreases the exposure of persons to radiation arising from a F17... radiation emergency; or

(bb)in connection with an event which could lead to a F17... radiation emergency; or

(ii)for special forces purposes]] [F18; or

(l)used for mountain rescue purposes].

(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.

[F19(9A) In this regulation—

[F20“radiation emergency” has the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2019];

“special forces” means those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director; and

“special forces purposes” means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.]

(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

F1Words in reg. 37(1)(b) inserted (9.3.2015) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2015 (S.I. 2015/142), regs. 1(2), 16(1)

F2Reg. 37(1)(c) added (9.3.2015) by The Road Vehicles (Construction and Use) (Amendment) Regulations 2015 (S.I. 2015/142), regs. 1(2), 16(2)

F3Words 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

F4Words in reg. 37(5)(a) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 4(5)(b)

F5Words in reg. 37(5)(a) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 11(4)(b)

F6Words 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)

F7Word in reg. 37(5)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 6(2)

F8Reg. 37(5)(aza) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 6(3)

F9Reg. 37(5)(aa) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 8

F10Reg. 37(5)(ab) inserted (S.) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006 (S.S.I. 2006/129), art. 1, sch. para. 1

F11Reg. 37(5)(ca) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 58(2); S.S.I. 2019/47, reg. 2