The Road Vehicles (Construction and Use) (Amendment) Regulations 1987

Citation, commencement and introduction

1.—(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1987.

(2) These Regulations shall come into force for the purposes of regulation 13 on 1st April 1988 and for all other purposes on 6th May 1987.

2.  The Road Vehicles (Construction and Use) Regulations 1986(1) shall be further amended in accordance with the following provisions of these Regulations.

Amendments relating to Ministry plates

3.  In the Table in regulation 3(2), in the definition of “Ministry plate” for the words “, the said particulars being those shown in the plating certificate for the vehicle” there shall be substituted the words “or Schedule 10A”.

4.  After Schedule 10 there shall be inserted as Schedule 10A the schedule set out in the Schedule to these Regulations.

Amendments relating to semi-trailers with driven wheels

5.  In regulation 3(2), to the meaning of the expression “semi-trailer” specified in column 2 of the Table there shall be added the following words–

“including (without prejudice to the generality of that) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle”.

6.  In regulation 51, the following new paragraph shall be inserted after paragraph (2)–

“(2A) This regulation also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is a semi-trailer some or all of the wheels of which are driven by the drawing vehicle.”.

Amendments relating to braking systems

7.  In regulation 15–

(a) in paragraph (1), after the words “paragraphs (2), (3)” there shall be inserted the words “except sub-paragraph (b)(ii)”;

(b) after paragraph (1) there shall be inserted the following new paragraphs–

“(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 is first used 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.Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1989 to comply with the said requirements instead of complying with regulations 15(1), 16 and 17.

(1B) In paragraph (1A), the relevant date in relation to a vehicle in category M1, M2 or N1 is 1st April 1990, and in relation to a vehicle in any other category is 1st April 1989.”;

(c) in paragraph (2), for the words “paragraph (1)” there shall be substituted the words “paragraphs (1) and (1A)”;

(d) in paragraph (3)–

(i) for the words “paragraph (1)” there shall be substituted the words “paragraphs (1) and (1A)”;

(ii) in sub-paragraph (a), for the words “the said Community Directive” there shall be substituted the words “Community Directive 79/489”;

(iii) for sub-paragraph (b) there shall be substituted the following new sub-paragraph–

“(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,

shall not apply;”; and

(iv) in sub-paragraphs (c) and (d), for the words “the said Community Directive” there shall be substituted the words “Community Directive 79/489”;

(e) after paragraph (3) there shall be inserted the following new paragraph–

“(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.”;

(f) in paragraph (4), for the words “the preceding provisions” there shall be substituted the words “paragraph (1)”; and

(g) after paragraph (4) there shall be inserted the following new paragraphs–

“(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with Community Directive 85/647 or 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, 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.”.

8.  In paragraph (2) of regulation 16–

(a) after the words “regulation 15(1)” there shall be inserted the words “or (1A)”; and

(b) after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.

9.  In sub-paragraph (a) of paragraph (2) of regulation 17–

(a) after the words “a vehicle to which” there shall be inserted the words “paragraph (1) or (1A) of”; and

(b) after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.

10.  In regulation 18–

(a) in Table I, in column 2 for item 1, after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”; and

(b) in paragraph (8), after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.

11.  In Table I in Schedule 2, the following new entries shall be made–

(a) in column 1, the figure “50”;

(b) in column 2, the figures “85/647”;

(c) in column 3(a), the date “23.12.85”;

(d) in column 3(b), the reference “L380, 31.12.85, p.1”;

(e) in column 3(c), the words “The braking devices of certain motor vehicles and their trailers”; and

(f) in column 3(d), the words “71/320 as amended by 74/132, 75/524 and 79/489”.

12.  In Schedule 3, after the words “Community Directive 79/489” in both places where they occur there shall be inserted the words “or 85/647”.

Amendments relating to maximum weights

13.—(1) In Part I of the Table in regulation 78(1), in sub-paragraph (a) of column 2 for item 1 for the words “and the relevant train weight shown on the plate of that vehicle exceeds 32,520 kg” there shall be substituted the words “not being a bus”.

(2) In Schedule 11–

(a) in Part I, in column 3 for item 4 after the words “regulation 78(5)” there shall be added the words “or a goods vehicle”; and

(b) in Part II, in column 5 for item 3 the words in brackets shall be omitted.

Amendment relating to trailers drawn by steam powered vehicles

14.  In regulation 83, the following new paragraph shall be added at the end–

“(4) For the purpose of this regulation, the word “trailer” does not include a vehicle which is drawn by a steam powered vehicle and which is used solely for carrying water for the purpose of the drawing vehicle.”.

Miscellaneous amendments

15.—(1) In regulation 31, for paragraph (4) there shall be substituted the following new paragraph–

“(4) In this regulation and in regulation 32–

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.”.

(2) In paragraph (13) of regulation 32, the definitions of “caravan” and “safety glass” shall be omitted.

(3) In sub-paragraph (c) of paragraph (4) of regulation 49, for the words “II.5.4.5.1” where they first appear there shall be substituted the words “II.5.4.1”.

(4) In sub-paragraph (b) of paragraph (2) of regulation 87, for the words “regulation 16(3)(b) to (g)” there shall be substituted the words “paragraphs (b) (excluding sub-paragraph (ii)) to (g) of regulation 16(3)”.

(5) In sub-paragraph (a) of paragraph (3) of regulation 99, after the words “engineering plant”, there shall be inserted the words “a refuse vehicle,”.

(6) In paragraph 4 of Schedule 3, for the words “requirements 4 and 9” there shall be substituted the words “requirements 4, 9 and 14”.

Signed by authority of the Secretary of State.

Peter Bottomley

Parliamentary Under Secretary of State,Department of Transport

7th April 1987