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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Road Vehicles (Construction and Use) Regulations 1986 (“the principal Regulations”) in a number of respects.

First, the definition of “Ministry plate” in the Table in regulation 3(2) of the principal Regulations is amended, and a new Schedule 10A is inserted, to allow for the use of an alternative form of Ministry plate in compliance with Community Directive 86/364/EEC (OJ No. L221, 7.8.86, p.48) – regulations 3 and 4.

Secondly, the definition of “semi-trailer” in that Table is amended, so that the provisions of the principal Regulations applying to semi-trailers will also apply to a new form of articulated lorry, in which the drawing vehicle is coupled to a semi-trailer the rear wheels of which are driven from the drawing vehicle. Also, regulation 51 of the principal Regulations is amended to require this new type of semi-trailer to be fitted with sideguards – regulations 5 and 6.

Thirdly, there are amendments relating to the braking devices of certain road vehicles, in order to give effect (with certain exceptions) to Community Directive 85/647/EEC. The principal effects of the amendments are as follows–

(1) New paragraphs (1A) and (1B) are inserted in regulation 15, and provide that, with certain exemptions, the braking system of every motor vehicle or trailer of a category specified in the Table to that regulation and first used on or after 1st April 1990 (for a vehicle in category M1, M2 or N1) or 1st April 1989 (for a vehicle in any other category) shall comply with certain construction, fitting and performance requirements specified in Community Directive 71/320/EEC of 26th July 1971 as most recently amended by Community Directive 85/647/EEC of 23rd December 1985. A new paragraph (3A) exempts liquid fuel road tankers from compliance with the anti-lock electrical connector requirements of Directive 85/647.

(2) Regulation 15(3)(b) is amended to provide exemption from certain braking distribution requirements and from a requirement to fit anti-lock braking devices to certain retarders when fitted to buses.

(3) A new paragraph (5) is added to regulation 15, and provides that regulation 15(1A) does not apply to a vehicle which has been approved in accordance with Community Directive 71/320/EEC as most recently amended by Community Directive 85/647/EEC or with ECE Regulation 13.05. These amendments appear in regulations 7 to 12.

Fourthly, regulation 78(1) of, and Parts I and II of Schedule 11 to, the principal Regulations are amended so that the weight limits for all categories of two-axled motor vehicles become the same – regulation 13.

Fifthly, regulation 83 of the principal Regulations is amended to restore an exemption for water carts drawn by, and serving, steam powered vehicles. This exemption was inadvertently removed when the principal Regulations were made – regulation 14.

Finally, regulation 15 effects some minor amendments–

(a) to regulations 31 and 32, to cause the definition of “caravan” to apply to both regulations;

(b) to regulations 49(4)(c) and 87(2)(b), to correct printing errors; and

(c) to regulation 99(3)(a) and Schedule 3, paragraph 4, to make good omissions.

Copies of the EEC Directives and ECE Regulation (and amendments) referred to in these Regulations can be obtained from Her Majesty’s Stationery Office.