39.—[F2(1) This regulation applies to every fuel tank which is fitted to a wheeled vehicle for the purpose of supplying fuel to the propulsion unit or to an ancillary engine or to any other equipment forming part of the vehicle.
(2) Subject to paragraphs (3) [F3, (3A)] and (4), every fuel tank to which this regulation applies—
(a)shall be constructed and maintained so that the leakage of any liquid from the tank is adequately prevented;
(b)shall be constructed and maintained so that the leakage of vapour from the tank is adequately prevented; and
(c)if it contains petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928) and is fitted to a vehicle first used on or after 1st July 1973, shall be—
(i)made only of metal; and
(ii)fixed in such a position and so maintained as to be reasonably secure from damage.
(3) Notwithstanding the requirement of paragraph (2)(b), the fuel tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.]
[F4(3A) Sub-paragraph (i) of paragraph 2(c) shall not have effect in relation to a two-wheeled motor cycle (with or without a side-car) first used on or after 1st February 1993.]
[F5(4)] Instead of complying with the requirements of [F6paragraphs (2) and (3)] as to construction, a vehicle may comply with the requirements of Community Directive 70/221 (insofar as they relate to fuel tanks) or ECE Regulation 34 or 34.01 or, if the vehicle is an agricultural motor vehicle, of Community Directive 74/151.
Textual Amendments
F1Reg. 39 crossheading substituted (10.12.1990) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1990 (S.I. 1990/2212), regs. 1, 3 (with reg. 2(2))
F2Reg. 39(1)-(3) substituted for reg. 39(1) (10.12.1990) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1990 (S.I. 1990/2212), regs. 1, 4 (with reg. 2(2))
F3Word in reg. 39(2) inserted (1.2.1993) by The Road Vehicles (Construction and Use) (Amendment) (No. 8) Regulations 1992 (S.I. 1992/3285), regs. 1, 3(a)
F4Reg. 39(3A) inserted (1.2.1993) by The Road Vehicles (Construction and Use) (Amendment) (No. 8) Regulations 1992 (S.I. 1992/3285), regs. 1, 3(b)
F5Reg. 39(2) renumbered as reg. 39(4) (10.12.1990) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1990 (S.I. 1990/2212), regs. 1, 5 (with reg. 2(2))
F6Words in reg. 39(4) substituted (10.12.1990) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1990 (S.I. 1990/2212), regs. 1, 5 (with reg. 2(2))
Commencement Information