The Road Vehicles (Construction and Use) Regulations 1986

[F1 Noise limits—certain vehicles with 3 or more wheels—general] E+W+S

55.—(1) Save as provided in [F2 paragraphs (1A) and (2)] and regulation 59, this regulation applies to every wheeled motor vehicle having at least three wheels and first used on or after 1st October 1983 which is—

(a) a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b) a vehicle not falling within sub-paragraph (c) which is—

(i) engineering plant;

(ii) a locomotive other than an agricultural motor vehicle;

(iii) a motor tractor other than an industrial tractor or an agricultural motor vehicle;

(iv) a public works vehicle;

(v) a works truck; or

(vi) a refuse vehicle; or

(c) a vehicle which—

(i) has a compression ignition engine;

(ii) is so constructed or adapted that the driving power of the engine is, or by appropriate use of the controls can be, transmitted to all wheels of the vehicle; and

(iii) falls within category I.1.1., I.1.2, or I.1.3 specified in Article 1 of Community Directive 77/212.

[F3 (1A) This regulation does not apply to a vehicle to which an item in the Table in regulation 55A applies.]

(2) This regulation does not apply to—

(a) a motorcycle with a sidecar attached;

(b) an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c) an industrial tractor;

(d) a road roller;

(e) a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(f) a vehicle which runs on rails; or

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

(3) Save as provided in paragraphs (4) and (5), every vehicle to which this regulation applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table; a vehicle complies with those requirements if—

(a) its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and

(b) in the case of a vehicle referred to in paragraph 1(a) (other than one having less than four wheels or a maximum speed not exceeding 25 km/h) or 1(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

TABLE

(regulation 55(3))

1	2			3	4	5
	Limits of sound level
Item	(a) Vehicle referred to in paragraph (1)(a)	(b) Vehicle referred to in paragraph (1)(b)	(c) Vehicle referred to in paragraph (1)(c)	Conditions of measurement	Method of measurement	Requirements for exhaust device
1	Limits specified in paragraph I.1 of the Annex to Community Directive 77/212.	89dB(A)	82dB(A)	Conditions specified in paragraph I.3 of the Annex to Community Directive 77/212	Method specified in paragraph I.4.1 of the Annex to Community Directive 77/212	Requirements specified in heading II of the Annex to Community Directive 77/212 (except paragraphs II.2 and II.5).
2	Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 81/334.	89dB(A)	82dB(A)	Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 81/334.	Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 81/334. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.	Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex 1 to Community Directive 81/334.
3	Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/372	89dB(A)	82dB(A)	Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/372	Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/372, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex.	Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/372.
4	Limits specified in paragraph 5.2.2.1 of the Annex I to Community Directive 84/424	Vehicles with engine power— –less than 75kW – 84dB(A) –not less than 75kW –86dB(A)	Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424.	Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/424	Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/424, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex	Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/424.

(4) Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this regulation applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(5) Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph 1(b) unless it is first used on or after 1st April 1991.

(6) The apparatus prescribed for the purposes of paragraph 3(a) and [F4 regulation 56(2)(a) and Schedule 7A] is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type 0 or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969:1981 which came into effect on 29th May 1981.

[F5 (6A) A vehicle shall be deemed to satisfy the requirements of this regulation if it is so constructed that it complies with the requirements specified in column 4 of item 2 in the Table in regulation 55A as they apply to a vehicle first used on or after the date specified in column 3 of that item.]

(7) Instead of complying with the preceding provisions of this regulation a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 [F6 , 84/424, 92/97 or 96/20 or ECE Regulation 51.02].

Textual Amendments

F1 Reg. 55 heading substituted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 5(2)

F2 Words in reg. 55(1) substituted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 5(3)

F3 Reg. 55(1A) inserted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 5(4)

F4 Words in reg. 55(6) substituted (1.7.1994) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1994 (S.I. 1994/14), regs. 1(1), 3(4)

F5 Reg. 55(6A) inserted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 5(5)

F6 Words in reg. 55(7) substituted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 5(6)

Commencement Information

I1 Reg. 55 in force at 11.8.1986, see reg. 1