The Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1989

3.  In article 18(2)–

(a) in sub-paragraph (k)(i)(a) for “75, 76, 78 and 79” there shall be substituted “75, 76 and 78”;

(b) after sub-paragraph (k)(i)(a) there shall be inserted–

“(aa) regulation 79 of the Construction and Use Regulations(1) shall apply in the case of a vehicle with two or three closely spaced axles within the meaning of the Construction and Use Regulations;”;

(c) after sub-paragraph (k)(i)(b) there shall be added the following–

“(c) in the case of a semi-trailer within the meaning of the Construction and Use Regulations of which the outermost axles of a group of four axles are spaced at a distance apart of 3.25m or less and the smallest distance between any two adjoining axles in the group is at least 0.87 m, the weight transmitted to the road surface by all the wheels of any one of those axles shall not exceed 6,000 kilograms;”;

(d) in sub-paragraph (p) in item 3 of the Table for the words “items 3, 4, 11, 15 and 18” there shall be substituted “items 4, 11, 15 and 18”;

(e) for sub-paragraph (r) the following shall be substituted–

“(r) a vehicle or combination of vehicles in Category 2 or Category 3, if manufactured on or after 1st October 1989, shall have a braking system complying with the construction, fitting and performance requirements set out in relation to category N3 motor vehicles and O4 trailers in Annexes I, II and VII to Council Directive 71/320/EEC(2) as amended by Council Directive 74/132/EEC(3), 75/524/EEC(4), 79/489/EEC(5), 85/647/EEC(6) and 88/194/EEC(7) (“the amended Directive”) and, if appropriate, Annexes III, IV, V, VI and X to the amended Directive, modified as follows–

(i) for the purposes of each Type O test conducted in accordance with Annex II–

(a) a laden vehicle shall be a vehicle laden with the maximum technically permissible mass specified by the manufacturer for the vehicle speed specified for the test;

(b) for a trailer which is designed and constructed for use in a combination of vehicles in Category 3 and for which X (which is stated in the amended Directive as being a percentage of the force corresponding to the maximum mass borne by the wheels of the stationary vehicle) is specified in paragraph .2.1.2.1. of Annex II as having the values of 45 or 50, X shall have the value of 30;

(c) for a trailer mentioned in (b) above and for which the test speed is specified in paragraph 2.2.1.2.1. of Annex II as 60 km/h, the test speed shall be 48 km/h;

(d) for a drawing vehicle in category N3 which is designed and constructed for use with a semi-trailer within the meaning of the Construction and Use Regulations in a combination of vehicles in Category 3, if the performance of a service braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.1.1.1. of Annex II shall be

or, if the performance of the device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration at normal engine speed in paragraph 2.1.1.1.1. of Annex II shall be at least 3 m/s²;

(e) for a drawing vehicle in category N3 mentioned in (d) above, if the performance of a secondary braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.2.1. of Annex II shall be

or, if the performance of the device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration in paragraph 2.1.2.1. of Annex II shall be at least 1.45 m/s²;

(ii) the requirements of paragraphs 2.2.1.22 and 2.2.2.13 of Annex I and 1.1.4.2 and 1.4 of Annex II shall not apply;

(iii) in Annex I, in paragraph 2.2.1.23 the words “not mentioned in item 2.2.1.22 above” and in paragraph 2.2.2.14 the words “not mentioned in item 2.2.2.13 above” shall not apply;

(iv) for the purposes of Type I tests conducted in accordance with paragraph 1.3 of Annex II on a vehicle which is designed and constructed for use in a combination of vehicles in Category 3, a laden vehicle shall be a vehicle laden with the heaviest weight possible without the total weight imposed on the road by all the wheels of any one axle exceeding 12,500 kilograms; and

(v) if suitable and sufficient wheel chocks are provided in readily accessible positions and capable, when used in conjunction with any parking brakes fitted to the vehicle, of holding the vehicle stationary when loaded to its maximum mass on a gradient of 12%, the requirements of paragraph 2.1.3.2 of Annex II shall not apply;”.

(1)

The expression “Construction and Use Regulations” is defined for the purposes of article 18 of S.I. 1979/1198 by article 18(1A)(a) of that S.I. which was inserted by S.I. 1987/1327, article 7.

(2)

O.J. L202, 6.9.71, p.37.

(3)

O.J. L74, 19.3.74, p.7.

(4)

O.J. L236, 8.9.75, p.3.

(5)

O.J. L128, 26.5.79, p.12.

(6)

O.J. L380, 31.12.85, p.1.

(7)

O.J. L92, 9.4.88, p.47.