The Road Vehicles Lighting Regulations 1989

PART I E+W+S PRELIMINARY

Commencement, citation and revocations E+W+S

1.—(1) These Regulations may be cited as the Road Vehicles Lighting Regulations 1989 and shall come into force on 1st November 1989.

(2) The Road Vehicles Lighting Regulations 1984(1) and the Road Vehicles Lighting (Amendment) Regulations 1987(2) are hereby revoked.

Commencement Information

I1 Reg. 1 in force at 1.11.1989, see reg. 1(1)

Statement under section 43(3) of the Road Traffic Act 1988 E+W+S

2.—(1) The Secretary of State is satisfied that–

(a) it is requisite that the provisions mentioned in paragraph (2) which vary the requirements about the construction of the vehicles to which those provisions apply, shall apply as from 1st November 1989 to such of those vehicles as are registered under the Vehicles (Excise) Act 1971(3) before the expiration of one year from the making of these Regulations; and

(b) notwithstanding that these provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.

(2) The provisions referred to in paragraph (1) are those set out in the Table below–

Number of regulation or Schedule	Nature of requirements
Regulation 3(6)	Interpretation of requirements in relation to British Standard marks.
Schedule 1 Table V	Invalid carriages with a maximum speed exceeding 4 mph to be fitted with direction indicators and hazard warning signal devices.
Schedule 4 Part I paragraph 4	The aim of dipped-beam headlamps

Commencement Information

I2 Reg. 2 in force at 1.11.1989, see reg. 1(1)

Interpretation E+W+S

3.—(1) Unless the context otherwise requires, any reference in these Regulations–

(a) to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.

(b) to a numbered paragraph is to the paragraph bearing that number in the regulation or Schedule in which the reference occurs, and

(c) to a numbered or lettered sub-paragraph is to the sub-paragraph bearing that number in the paragraph in which the reference occurs.

(2) In these Regulations, unless the context otherwise requires, any expressions for which there is an entry in column 1 of the Table has the meaning given against it in column 2 or is to be construed in accordance with directions given against it in that column.

TABLE

(1)	(2)
Expression	Meaning
“The Act”	The Road Traffic Act 1988.
“The Construction and Use Regulations”	The Road Vehicles (Construction and Use) Regulations 1986(4)
“The Designation of Approval Marks Regulations”	The Motor Vehicles (Designation of Approval Marks) Regulations 1979(5)
[F1 “Abnormal load escort vehicle”	A vehicle which is clearly identifiable to other road users as a vehicle used for the purposes of escorting abnormal loads by having on its front suitable markings and on its sides and rear retro-reflective markings.]
[F2 “Adaptive front lighting system”	Has the same meaning as in ECE Regulation 48.]
“Agricultural vehicle”	A vehicle constructed or adapted for agriculture, grass cutting, forestry, land levelling, dredging or similar operations and primarily used for one or more of these purposes, and includes any trailer drawn by an agricultural vehicle.
“Angles of visibility”	A requirement for a lamp or reflector fitted to a vehicle to have specified horizontal and vertical angles of visibility is a requirement that at least 50 per cent of the apparent surface must be visible from any point within those angles when every door, tailgate, boot lid, engine cover, cab or other movable part of the vehicle is in the closed position.
“Apparent surface”	For any given direction of observation, is the orthogonal projection of a light-emitting surface in a plane perpendicular to the direction of observation and touching that surface.
“Articulated bus”	Has the same meaning as in the Construction and Use Regulations.
“Articulated vehicle”	Has the same meaning as in the Construction and Use Regulations.
“Breakdown vehicle”	A vehicle used to attend an accident or breakdown or to draw a broken down vehicle.
“Bus”	Has the same meaning as in the Construction and Use Regulations.
“Caravan”	A trailer which is constructed (and not merely adapted) for human habitation.
“cc”	Cubic centimetre or centimetres (as the case may be).
“Circuit-closed tell-tale”	A light showing that a device has been switched on.
“cm”	Centimetre or centimetres (as the case may be).
“cm2”	Square centimetre or centimetres (as the case may be).
“Combat vehicle”	A vehicle of a type described at item 1, 2 or 3 in column 1 of Schedule 1 to the Motor Vehicles (Authorisation of Special Types) General Order 1979(6)
“[F3 Community Directive 76/756/EEC, as last amended by Directive 89/278/EEC]”	Council Directive 76/756/EEC of 27.7.76 (O.J.L262, 27.9.76, p.1) as amended by Commission Directive 80/233/EEC of 21.11.79 (O.J.L51, 25.2.80, p.8), Commission Directive 82/244/EEC of 17.3.82 (O.J.L109, 22.4.82, p.31), Council Directive 83/276/EEC of 26.5.83 (O.J.L151, 9.6.83, p.47), Commission Directive 84/8/EEC of 14.12.83 (O.J.L9, 12.1.84, p.24) and Commission Directive 89/278/EEC of 23.3.89 (O.J.L109, 20.4.89, p.38).
[F4 “Community Directive 76/756/EEC, as last amended by Directive 91/663/EEC”	Council Directive 76/756/EEC as last amended by Directive 89/278/EEC and further amended by Commission Directive 91/663/EEC (O.J.L366, 31.12.91, p.17).]
[F5 “Conspicuity marking”	A device intended to increase the conspicuity of a vehicle, when viewed from the side or rear, by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source.]
“Daytime hours”	The time between half an hour before sunrise and half an hour after sunset.
[F6 “Daytime running lamp”	Has the same meaning as in ECE Regulation 48.]
“Dim-dip device”	A device which is capable of causing a dipped-beam headlamp to operate at reduced intensity.
“Dipped beam”	A beam of light emitted by a lamp which illuminates the road ahead of the vehicle without causing undue dazzle or discomfort to oncoming drivers or other road users.
“Direction indicator”	A lamp on a vehicle used to indicate to other road users that the driver intends to change direction to the right or to the left.
“Dual-purpose vehicle”	Has the same meaning as in the Construction and Use Regulations.
“Emergency vehicle”	A [F7 vehicle] of any of the following descriptions– (a) a vehicle used for [F8 Scottish Fire and Rescue Service] [F9 or, in England or Wales, fire and rescue authority] F10 ... or police purposes; (aza) [F11 a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;] (aa) [F12 as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle used for Serious Organised Crime Agency purposes;] (ab) [F13 so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, a vehicle used for Serious Organised Crime Agency purposes;] (b) an ambulance, being a vehicle (other than an invalid carriage) which is constructed or adapted for the purposes of conveying sick, injured or disabled persons and which is used for such purposes; (c) a vehicle owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes; (d) a vehicle owned by the Forestry Commission or by a local authority and used from time to time for the purposes of fighting fires; (da) [F14 a vehicle owned by the Natural Resources Body for Wales for the purposes of its functions relating to forestry and woodlands and used from time to time for the purposes of fighting fires;] (e) [F15 a vehicle owned or operated by the Secretary of State for Defence and used]– (i) for the purposes of the disposal of bombs or explosives, (ii) [F16 for the purposes of any activity— (aa) which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency, or (bb) in connection with an event which could lead to a radiation accident or radiation emergency;] [F17 or] (iii) by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations or any other emergencies, F18 ... (iv) F19 ... (f) a vehicle primarily used for the purposes of the Blood Transfusion Service provided under the National Health Service Act 1977(7) or under the National Health Service (Scotland) Act 1978(8); (g) a vehicle used by Her Majesty’s Coastguard or Coastguard Auxiliary Service for the purposes of giving aid to persons in danger or vessels indistress on or near the coast; (h) a vehicle F20 ... used for the purposes of rescue operations at mines; (i) a vehicle owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats; F21 ... (j) a vehicle primarily used for the purposes of conveying any human tissue for transplanting or similar purposes; F22 ... (k) [F23 a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of the investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given in section 93(4) of the Police Act 1997)] [F24 ; and (l) a vehicle used for mountain rescue purposes].
“End-outline marker lamp”	A lamp fitted near the outer edge of a vehicle in addition to the front and rear position lamps to indicate the presence of a wide vehicle.
“Engineering plant”	Has the same meaning as in the Construction and Use Regulations.
“Extreme outer edge”	In relation to a side of a vehicle, the vertical plane parallel with the longitudinal axis of the vehicle, and coinciding with its lateral outer edge, disregarding the projection of– (a) so much of the distortion of any tyre as is caused by the weight of the vehicle, (b) any connections for tyre pressure gauges, (c) any anti-skid devices which may be mounted on the wheels, (d) rear-view mirrors, (e) lamps and reflectors, (f) customs seals affixed to the vehicle, and devices for securing and protecting such seals, and (g) special equipment.
“Front fog lamp”	A lamp used to improve the illumination of the road in front of a motor vehicle in conditions of seriously reduced visibility.
“Front position lamp”	A lamp used to indicate the presence and width of a vehicle when viewed from the front.
“First used”	References to the date of first use of a vehicle shall be construed in accordance with regulation 3 (3) of the Construction and Use Regulations.
“Hazard warning signal device”	A device which is capable of causing all the direction indicators with which a vehicle, or a combination of vehicles, is fitted to operate simultaneously.
“Headlamp”	A lamp used to illuminate the road in front of a vehicle and which is not a front fog lamp.
[F25 “Headlamp cleaning device”	A complete device with which all or part of the light emitting surface of a headlamp or an adaptive front lighting system can be cleaned.]
“Headlamp levelling device”	Either– (a) an automatic headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp is automatically maintained regardless of the load on the vehicle, or (b) a manual headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp may be adjusted by a manual control operable from the driving seat of the vehicle.
“Home forces”	The naval, military or air forces of Her Majesty raised in the United Kingdom.
“Home forces' vehicle”	A vehicle owned by, or in the service of, the home forces and used for naval, military or air force purposes.
“Horse-drawn”	In relation to a vehicle, means that the vehicle is drawn by a horse or other animal.
“Hours of darkness”	The time between half an hour after sunset and half an hour before sunrise.
“Illuminated area”	The expression, in relation to a headlamp, front fog lamp and reversing lamp, in each case fitted with a reflector, means the orthogonal projection of the full aperture of the reflector on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which the lamp is fitted. If the light-emitting surface extends over only part of the full aperture of the reflector, then the projection of only that part shall be taken into account. In the case of a dipped-beam headlamp, the illuminated area is limited by the apparent trace of the cut-off on the lens. The expression, in relation to any other lamp, means the part of the orthogonal projection of the light-emitting surface on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which it is fitted, the boundary of which is such that if the straight edge of an opaque screen touches it at any point 98 per cent of the total intensity of the light is shown in the direction parallel to the longitudinal axis of the vehicle. Accordingly, for the purposes of determining the lower, upper and lateral edges of the lamp, only a screen placed with its straight edge horizontally or vertically needs to be considered.
“Industrial tractor”	Has the same meaning as in the Construction and Use Regulations.
“Installation and performance requirements”	In relation to any lamp, reflector, rear marking or device, the requirements specified in the Schedules to these Regulations relating to that lamp, reflector, rear marking or device.
“Invalid carriage”	A mechanically propelled vehicle constructed or adapted for the carriage of one person, being a person suffering from some physical defect or disability.
“Kerbside weight”	Has the same meaning as in the Construction and Use Regulations.
“kg”	Kilogram or kilograms (as the case may be).
[F26 “km/h”	Kilometre per hour or kilometres per hour (as the case may be).]
“Light-emitting surface”	In relation to a lamp, that part of the exterior surface of the lens through which light is emitted when the lamp is lit, and in relation to a retro reflector that part of the exterior surface of the retro reflector from which light can be reflected.
“m”	Metre or metres (as the case may be).
“Main beam”	A beam of light emitted by a headlamp which illuminates the road over a long distance ahead of the vehicle.
[F27 “ Mandatory ECE conspicuity requirements”	The requirements specified in— (a) paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and (b) paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is mandatory.]
“Matched pair”	In relation to lamps, a pair of lamps in respect of which– (a) both lamps emit light of substantially the same colour and intensity, and (b) both lamps are of the same size and of such a shape that they are symmetrical to one another.
“Maximum distance from the side of the vehicle”	The expression means– (a) in relation to a lamp fitted to a vehicle, the shortest distance from the boundary of the illuminated area to an extreme outer edge of the vehicle, and (b) in relation to a retro reflector fitted to a vehicle, the shortest distance from the boundary of the reflecting area to an extreme outer edge of the vehicle.
“Maximum gross weight”	Has the same meaning as in the Construction and Use Regulations.
“Maximum height above the ground”	The height above which no part of the illuminated area in the case of a lamp, or the reflecting area in the case of a retro reflector, extends when the vehicle is at its kerbside weight and when each tyre with which the vehicle is fitted is inflated to the pressure recommended by the manufacturer of the vehicle.
“Maximum speed”	Has the same meaning as in the Construction and Use Regulations.
“Minimum height above the ground”	The height below which no part of the illuminated area in the case of a lamp, or the reflecting area in the case of a retro reflector, extends when the vehicle is at its kerbside weight and when each tyre with which the vehicle is fitted is inflated to the pressure recommended by the manufacturer of the vehicle.
“mm”	Millimetre or millimetres (as the case may be).
“Motor bicycle combination”	A combination of a solo motor bicycle and a sidecar.
“Motor tractor”	Has the same meaning as in the Construction and Use Regulations.
“Motorway”	Has the same meaning as in Schedule 6 of the Road Traffic Regulation Act 1984(9).
“Movable platform”	A platform which is attached to, and may be moved by means of, an extendible boom.
“mph”	Mile per hour or miles per hour (as the case may be).
“Obligatory”	In relation to a lamp, reflector, rear marking or device, means a lamp, reflector, rear marking or device with which a vehicle, its load or equipment is required by these Regulations to be fitted.
“Operational tell-tale”	A warning device readily visible or audible to the driver and showing whether a device that has been switched on is operating correctly or not.
“Optional”	In relation to a lamp, reflector, rear marking or device, means a lamp, reflector, rear marking or device with which a vehicle, its load or equipment is not required by these Regulations to be fitted. [F28 But, when used in the expression “Optional ECE conspicuity requirements”, shall be construed in accordance with the definition of that expression.]
[F29 “Optional ECE conspicuity requirements”	The requirements specified in— (a) paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and (b) paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is optional.]
“Overall length”	Has the same meaning as in the Construction and Use Regulations.
“Overall width”	Has the same meaning as in the Construction and Use Regulations.
“Pair”	In relation to lamps, reflectors or rear markings means a pair of lamps, reflectors or rear markings, including a matched pair, one on each side of the vehicle, in respect of which the following conditions are met– (a) each lamp, reflector or rear marking is at the same height above the ground, and (b) each lamp, reflector or rear marking is at the same distance from the extreme outer edge of the vehicle. In the case of an asymmetric vehicle, those conditions shall be deemed to be met if they are as near as practicable to being met.
“Passenger vehicle”	Has the same meaning as in the Construction and Use Regulations.
“Pedal cycle”	A vehicle which is not constructed or adapted to be propelled by mechanical power and which is equipped with pedals, including an electrically-assisted pedal cycle prescribed for the purposes of section 189 of the Act and section 140 of the Road Traffic Regulation Act 1984.
“Pedal retro reflector”	A retro reflector attached to or incorporated in the pedals of a pedal cycle or motor bicycle.
“Pedestrian-controlled vehicle”	Has the same meaning as in the Construction and Use Regulations.
[F30 “Prescribed sign”	a sign which is of a type shown in Schedule 21A and complies with the requirements of that Schedule.]
[F31 “Radiation accident” and “radiation emergency”	Have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2001.]
“Rear fog lamp”	A lamp used to render a vehicle more readily visible from the rear in conditions of seriously reduced visibility.
“Rear position lamp”	A lamp used to indicate the presence and width of a vehicle when viewed from the rear.
“Rear retro reflector”	A retro reflector used to indicate the presence and width of a vehicle when viewed from the rear.
“Rear registration plate lamp”	A lamp used to illuminate the rear registration plate.
“Reflecting area”	In relation to a retro reflector fitted to a vehicle, the area of the orthogonal projection on a vertical plane (touching the surface of the reflector)– (a) at right angles to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a front or a rear retro reflector, and (b) parallel to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a side retro reflector.
“Reversing lamp”	A lamp used to illuminate the road to the rear of a vehicle for the purpose of reversing and to warn other road users that the vehicle is reversing or about to reverse.
“Road clearance vehicle”	A mechanically propelled vehicle used for dealing with frost, ice or snow on roads.
“Running lamp”	A lamp (not being a front position lamp, an end-outline marker lamp, headlamp or front fog lamp) used to make the presence of a moving motor vehicle readily visible from the front.
“Separation distance”	In relation to two lamps or two retro reflectors the expression means, except where otherwise specified, the shortest distance between the orthogonal projections in a plane perpendicular to the longitidunal axis of the vehicle of the illuminated areas of the two lamps or the reflecting areas of the two reflectors.
“Service braking system”	Has the same meaning as in the Construction and Use Regulations.
“Side marker lamp”	A lamp fitted to the side of a vehicle or its load and used to render the vehicle more visible to other road users.
“Side retro reflector”	A reflector fitted to the side of a vehicle or its load and used to render the vehicle more visible from the side.
“Solo motor bicycle”	A motor bicycle without a sidecar.
“Special equipment”	A movable platform fitted to a vehicle, the apparatus for moving the platform and any jacks fitted to the vehicle for stabilising it while the movable platform is in use.
[F32 “Special forces”	Those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.]
[F32 “Special forces purposes”	The expression means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.]
“Special warning lamp”	A lamp, fitted to the front or rear of a vehicle, capable of emitting a blue flashing light and not any other kind of light.
“Stop lamp”	A lamp used to indicate to road users that the brakes of a vehicle or combination of vehicles are being applied.
[F33 “Traffic officer”	Has the same meaning as in section 15 of the Traffic Management Act 2004.]
“Traffic sign”	Has the same meaning given by section 64(1) of [F34 the Road Traffic Regulation Act 1984].
“Trailer”	A vehicle constructed or adapted to be drawn by another vehicle.
“Unrestricted dual-carriageway road”	A dual-carriageway within the meaning given by paragraph 2 of Schedule 6 to the Road Traffic Regulation Act 1984 on which a motor vehicle may lawfully be driven at a speed exceeding 50 mph.
“Unladen weight”	Has the same meaning as in the Construction and Use Regulations.
“Vehicle in the service of a visiting force or of a headquarters”	Has the same meaning as in the Construction and Use Regulations.
“Visiting vehicle”	Has the meaning given by regulation 3(1) of the [F35 Motor Vehicles (International Circulation) Regulations 1985].
“Warning beacon”	A lamp that is capable of emitting a flashing or rotating beam of light throughout 360° in the horizontal plane.
“Wheel”	Has the same meaning as in the Construction and Use Regulations (see also paragraph (7)).
“Wheeled”	Has the same meaning as in the Construction and Use Regulations.
“Work lamp”	A lamp used to illuminate a working area or the scene of an accident, breakdown or roadworks in the vicinity of the vehicle to which it is fitted.
“Works trailer”	Has the same meaning as in the Construction and Use Regulations.
“Works truck”	Has the same meaning as in the Construction and Use Regulations.

(3) Material designed primarily to reflect light is, when reflecting light, to be treated for the purposes of these Regulations as showing a light, and material capable of reflecting an image is not, when reflecting the image of a light, to be so treated.

(4) In these Regulations a reference to one lamp, except in the case of a dipped-beam headlamp, a main-beam headlamp and a front fog lamp, includes any combination of two or more lamps, whether identical or not, having the same function and emitting light of the same colour, if it comprises devices the aggregate illuminated area of which occupies 60 per cent or more of the area of the smallest rectangle circumscribing those illuminated areas.

(5) In these Regulations a reference to two lamps includes–

(a) a single illuminated area which–

(i) is placed symmetrically in relation to the longitudinal axis of the vehicle,

(ii) extends on both sides to within 400 mm of the extreme outer edge of the vehicle,

(iii) is not less than 800 mm long, and

(iv) is illuminated by not less than two sources of light, and

(b) any number of illuminated areas which–

(i) are juxtaposed,

(ii) if on the same transverse plane have illuminated areas which occupy not less than 60 per cent of the area of the smallest rectangle circumscribing their illuminated areas,

(iii) are placed symmetrically in relation to the median longitudinal plane of the vehicle,

(iv) extend on both sides to within 400 mm of the extreme outer edge of the vehicle,

(v) do not have a total length of less than 800 mm, and

(vi) are illuminated by not less than two sources of light.

(6) Where a part fitted to a vehicle is required by these Regulations to be marked with a British Standard mark, the requirements shall not be regarded as met unless, in addition to being marked as required, the part complied with the relevant British Standard at the time when the part was first fitted to the vehicle.

(7) A reference in these Regulations to the number of wheels of a vehicle shall be construed in accordance with regulation 3 of the Construction and Use Regulations.

(8) A reference in a Schedule to there being no requirement in relation to a lamp, reflector, rear marking or device is without prejudice to any other provision in these Regulations affecting same.

[F36 (9) In these Regulations, a reference to “ECE Regulation” followed by a number is a reference to the regulation of the same number annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicle Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for reciprocal recognition of approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5th October 1995.

(10) In these Regulations, a reference to ECE Regulation 48 is to that Regulation as amended by the 03 series of amendments (as in force on 12th June 2007) with the following modifications—

(a) footnote 6 is omitted;

(b) paragraph 6.21.4.1.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.1.2. above, the cumulative length may be reduced to 60 per cent.”;

(c) paragraph 6.21.4.2.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.2.2. above, the cumulative length may be reduced to 60 per cent.”;

(d) footnote 10 is omitted;

(e) in paragraph 6.21.7.3. the reference to a “mandatory stop lamp” is deemed to be a reference to an obligatory stop lamp;

(f) in paragraph 6.21.7.4. the words “at the discretion of the manufacturer” are omitted; and

(g) paragraph 6.21 is deemed to contain the following paragraph inserted after paragraph 6.21.7.5.—

“6.21.7.6. No conspicuity marking may be fitted unless it bears the international approval mark referred to in paragraph 5.4. of ECE Regulation 104 (as in force on 11th July 2008).”]

Textual Amendments

F1 Words in reg. 3 inserted (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(2)

F2 Words in reg. 3(2) Table inserted (20.5.2018) by The Road Vehicles Lighting (Amendment) Regulations 2017 (S.I. 2017/852), regs. 1, 3(a)

F3 Words in reg. 3(2) Table substituted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 3(2)

F4 Words in reg. 3(2) Table inserted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 3(3)

F5 Words in reg. 3 Table inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(2)

F6 Words in reg. 3(2) Table inserted (20.5.2018) by The Road Vehicles Lighting (Amendment) Regulations 2017 (S.I. 2017/852), regs. 1, 3(b)

F7 Word in reg. 3 substituted (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(a)

F8 Words in reg. 3(2) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 7(2)

F9 Words in reg. 3 inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 19; and (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 20

F10 Word in reg. 3(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 11(2)

F11 Words in reg. 3(2) Table inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(d), Sch. 9 para. 11(3)

F12 Words in reg. 3(2) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 9

F13 Words in reg. 3(2) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006 (S.S.I. 2006/129), art. 1, sch. para. 2

F14 Words in reg. 3(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 26(2) (with Sch. 7)

F15 Words in reg. 3 substituted (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(b)

F16 Words in reg. 3 substituted (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(c)

F17 Word in reg. 3 added (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(d)

F18 Word in reg. 3 omitted (21.10.2005) by virtue of The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(e)

F19 Words in reg. 3 omitted (21.10.2005) by virtue of The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(f)

F20 Words in reg. 3 Table omitted (31.10.1994) by virtue of The Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 (S.I. 1994/2567), reg. 1, Sch.

F21 Word in reg. 3 omitted (21.10.2005) by virtue of The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(g)

F22 Word in reg. 3 Table omitted (4.1.2010) by virtue of The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(3)(a)

F23 Words in reg. 3 added (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(3)(h)

F24 Words in reg. 3 Table added (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(3)(b)

F25 Words in reg. 3(2) Table inserted (20.5.2018) by The Road Vehicles Lighting (Amendment) Regulations 2017 (S.I. 2017/852), regs. 1, 3(c)

F26 Words in reg. 3 Table inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(4)

F27 Words in reg. 3 Table inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(5)

F28 Words in reg. 3 Table added (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(6)

F29 Words in reg. 3 Table inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(7)

F30 Words in reg. 3(2) Table inserted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 3(4)

F31 Words in reg. 3 inserted (21.10.2005) by The Road Vehicles Lighting (Amendment) Regulations 2005 (S.I. 2005/2559), regs. 1, 3(4)

F32 Words in reg. 3 Table inserted (15.4.2011) by The Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 (S.I. 2011/935), regs. 1(1), 4(a)

F33 Words in reg. 3 Table inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(8)

F34 Words in reg. 3(2) Table substituted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 3(5)

F35 Words in reg. 3(2) Table substituted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 3(6)

F36 Reg. 3(9)(10) inserted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 3(9)

Commencement Information

I3 Reg. 3 in force at 1.11.1989, see reg. 1(1)

[F37 Equivalent standards E+W+S

3A.— (1) Nothing in these Regulations shall render unlawful any act or omission which would have been lawful were—

(a) there to be substituted for any reference to a British Standard in these Regulations a reference to a corresponding standard, and

(b) regulation 3(6) to apply in relation to that corresponding standard and the markings relating to that corresponding standard as it applies to a British Standard.

(2) For the purposes of this regulation, “corresponding standard”, in relation to a relevant British Standard Specification, means—

(a) a standard or code of practice of a national standards body or equivalent body of any State within the European Economic Area;

(b) any international standard recognised for use as a standard by any State within the European Economic Area;

(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any State within the European Economic Area,

where the standard, code of practice, international standard or technical specification provides, in relation to lamps, retro reflectors and rear markings, a level of safety equivalent to that provided by that British Standard Specification and contains a requirement as respects the marking of such parts equivalent to that provided by that instrument.]

Textual Amendments

F37 Reg. 3A inserted (1.10.1994) by The Road Vehicles Lighting (Amendment) Regulations 1994 (S.I. 1994/2280), regs. 1(2), 4

Exemptions—General E+W+S

4.—(1) Where a provision is applied by these Regulations to a motor vehicle first used on or after a specified date it does not apply to any vehicle manufactured at least six months before that date.

(2) Where an exemption from, or a relaxation of, a provision is applied by these Regulations to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least six months before that date.

(3) Nothing in these Regulations shall require any lamp or reflector to be fitted between sunrise and sunset to–

(a) a vehicle not fitted with any front or rear position lamp,

(b) an incomplete vehicle proceeding to a works for completion,

(c) a pedal cycle,

(d) a pedestrian-controlled vehicle,

(e) a horse-drawn vehicle,

(f) a vehicle drawn or propelled by hand, or

(g) a combat vehicle.

(4) Without prejudice to regulation 16, for the purposes of these Regulations a lamp shall not be treated as being a lamp if it is–

(a) so painted over or masked that it is not capable of being immediately used or readily put to use; or

(b) an electric lamp which is not provided with any system of wiring by means of which that lamp is, or can readily be, connected with a source of electricity.

Commencement Information

I4 Reg. 4 in force at 1.11.1989, see reg. 1(1)

[F38 Exemptions—Vehicle Examiners E+W+S

4A.— (1) Parts 2 and 3 of these Regulations do not apply where a vehicle is being used on a road by a vehicle examiner and it is so used in order—

(a) to submit the vehicle for an examination under section 45 of the Road Traffic Act 1988 for the purpose of ascertaining whether the examination is carried out in accordance with Regulations made under that section; or

(b) to remove the vehicle following that examination.

(2) This regulation shall only apply to a vehicle examiner who—

(a) has been authorised in writing by the Secretary of State to use a vehicle for the purposes described in paragraph (1)(a) and (b); and

(b) when using the vehicle for such a purpose, reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while being so used.

(3) In this regulation “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.]

Textual Amendments

F38 Reg. 4A added (12.12.2005) by The Road Vehicles Lighting (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3169), regs. 1, 2(2)

Exemptions—Temporarily imported vehicles and vehicles proceeding to a port for export E+W+S

5.  Part II of these Regulations does not apply to–

(a) any vehicle having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain;

(b) a visiting vehicle;

(c) any combination of two or more vehicles, one of which is drawing the other or others, if the combination includes any vehicle of the type mentioned in sub-paragraph (a) or (b); or

(d) a vehicle proceeding to a port for export,

if in each case the vehicle or combination of vehicles complies in every respect with the requirements about lighting equipment and reflectors relating thereto contained in the Convention on Road Traffic concluded at Geneva on 19th September 1949(10) or the International Convention relating to Motor Traffic concluded at Paris on 24th April 1926(11).

Commencement Information

I5 Reg. 5 in force at 1.11.1989, see reg. 1(1)

Exemptions—Vehicles towing or being towed E+W+S

6.—(1) No motor vehicle first used before 1st April 1986 and no pedal cycle or trailer manufactured before 1st October 1985 is required by regulation 18 to be fitted with any rear position lamp, stop lamp, rear direction indicator, rear fog lamp or rear reflector whilst a trailer fitted with any such lamp or reflector is attached to its rear.

(2) No trailer manufactured before 1st October 1985 is required by regulation 18 to be fitted with any front position lamp whilst being drawn by a passenger vehicle.

(3) No trailer is required by regulation 18 to be fitted with any stop lamp whilst being drawn by a vehicle which is not required by regulation 18 to be fitted with any such lamp.

(4) Paragraph (3) shall apply respectively to rear fog lamps and direction indicators as it applies to stop lamps.

(5) No trailer manufactured before 1st October 1990 is required by regulation 18 to be fitted with any stop lamp or direction indicator whilst being drawn by a motor vehicle fitted with one or two stop lamps and two or more direction indicators if the dimensions of the trailer are such that when the longitudinal axes of the drawing vehicle and the trailer lie in the same vertical plane such stop lamps and at last one direction indicator on each side of the vehicle are visible to an observer in that vertical plane from a point 6 m behind the rear of the trailer whether it is loaded or not.

(6) No rear marking is required to be fitted to any vehicle by regulation 18 if another vehicle in a combination of which it forms part would obscure any such marking.

(7) Where a broken-down vehicle is being drawn by another vehicle–

(a) regulations 18 and 23 shall not apply to the broken-down vehicle between sunrise and sunset, and

(b) between sunset and sunrise those regulations shall apply to the broken-down vehicle only in respect of rear position lamps and reflectors.

(8) The references in paragraphs (3) and (4) to a vehicle which is required to be fitted with a lamp shall be construed as if paragraph (1) did not have effect.

Commencement Information

I6 Reg. 6 in force at 1.11.1989, see reg. 1(1)

Exemptions—Military vehicles E+W+S

7.—(1) Regulation 18 does not apply to a home forces' vehicle or to a vehicle in the service of a visiting force or of a headquarters whilst being used–

(a) in connection with training which is certified in writing for the purposes of this regulation by a person duly authorised in that behalf to be training on a special occasion and of which not less than 48 hours' notice has been given by that person to the chief officer of police of every police area in which the place selected for the training is wholly or partly situate; or

(b) on manoeuvres within such limits and during such period as may from time to time be specified by Order in Council under the Manoeuvres Act 1958(12).

(2) Where not less than 6 nor more than 12 vehicles being home forces' vehicles or vehicles of a visiting force or of a headquarters are proceeding together in a convoy on tactical or driving exercises which are authorised in writing by a person duly authorised in that behalf, and of which not less than 48 hours' notice in writing has been given by that person to the chief officer of police of every police area through which it is intended that the convoy shall pass and the interval between any two vehicles in such convoy does not exceed 20 m–

(a) front position lamps shall be required only on the vehicle leading the convoy; and

(b) rear position lamps shall be required only on the rearmost vehicle provided that every other vehicle in the convoy carries a bright light under the vehicle illuminating either a part of the vehicle or anything attached to the vehicle or the road surface beneath the vehicle, in such a manner that the presence of the vehicle can be detected from the rear.

(3) No lamp is required to be fitted to any home forces' vehicle or any vehicle in the service of a visiting force or of a headquarters if the vehicle is constructed or adapted for combat and is such that compliance with these provisions is impracticable and it is fitted with two red rear position lamps and two red rear retro reflectors when on a road between sunset and sunrise. Such lamps and reflectors need not meet any of the requirements specified in Schedules 10 and 18.

(4) Part II of these Regulations does not apply to a vehicle in the service of a visiting force or of a headquarters if the vehicle complies in every respect with the requirements as to lighting equipment and reflectors relating thereto contained in a Convention referred to in regulation 5.

Commencement Information

I7 Reg. 7 in force at 1.11.1989, see reg. 1(1)

Exemptions—Invalid carriages E+W+S

8.  An invalid carriage having a maximum speed not exceeding 4 mph is required by these Regulations to be fitted with lamps and reflectors only when it is used on the carriageway of a road between sunset and sunrise otherwise than for the sole purpose of crossing it.

Commencement Information

I8 Reg. 8 in force at 1.11.1989, see reg. 1(1)

Exemptions—Vehicles drawn or propelled by hand E+W+S

9.  A vehicle drawn or propelled by hand which has an overall width, including any load, not exceeding 800 mm is required by these Regulations to be fitted with lamps and reflectors only when it is used on the carriageway of a road between sunset and sunrise other than–

(a) close to the near side or left-hand edge of the carriageway, or

(b) to cross the carriageway.

Commencement Information

I9 Reg. 9 in force at 1.11.1989, see reg. 1(1)

[F39 Exemptions—Tramcars E+W+S

9A.   Parts II to IV of these Regulations do not apply to tramcars.]

Textual Amendments

F39 Reg. 9A inserted (1.7.1992) by Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992 (S.I. 1992/1217), regs. 1, 14

[F40 Modifications in relation to vehicles approved under the Motor Vehicles (Approval) Regulations 1996 E+W+S

9B.— (1) In this regulation—

“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996;

“coefficient of luminous intensity” has the same meaning as in [F41 ECE Regulation 3 as amended by the 01 series of amendments (as in force on 20th March 1982)];

F42 ...

“passenger vehicle approval certificate” means a Minister’s approval certificate in the form prescribed by the Approval Regulations which appears to have been issued on the basis that the vehicle is a vehicle to which Part II of those Regulations applies;

“relevant vehicle” means a vehicle—

(a)

in respect of which a passenger vehicle approval certificate containing the letter “P” has been issued pursuant to regulation 12(2)(b) of the Approval Regulations; or

(b)

which is a “transitional provision vehicle” as defined by Schedule 6 to the Approval Regulations in respect of which a passenger vehicle approval certificate containing the letter “A” has been issued pursuant to regulation 12(2)(c) of the Approval Regulations;

“standard mark” means a mark which when applied to a lamp, reflector or device indicates compliance with the requirements of a particular instrument; and a reference to the instrument to which a standard mark relates shall be construed accordingly.

(2) The requirements of the Schedules to these Regulations, so far as they require any lamp, reflector or device to bear a particular standard mark (or one of two or more standard marks), shall not apply to a lamp, reflector or device if it is fitted to a relevant vehicle and—

(a) in the case of a lamp or device, it meets the requirements as to intensity; and

(b) in the case of a reflector, it meets the requirements as to coefficient of luminous intensity,

of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.

(3) The requirements of these Regulations so far as they require headlamps (including a filament lamp fitted to a headlamp) fitted to a vehicle to bear a particular standard mark (or one of two or more standard marks) shall not apply to the headlamps fitted to a relevant vehicle if they emit sufficient light to illuminate the road in front of the vehicle on both main beam and dipped beam.

(4) Table 1 of Schedule 1 shall apply to a vehicle in respect of which a passenger vehicle approval certificate has been issued as if the entry that relates to dim-dip devices and running lamps were omitted.

(5) Paragraph (5) (markings) of Part I of Schedule 7 shall apply to a vehicle in respect of which a passenger approval certificate has been issued as if the vehicle were of a description falling within sub-paragraph (b) of that paragraph.]

Textual Amendments

F40 Reg. 9B inserted (1.7.1997) by The Road Vehicles Lighting (Amendment) Regulations 1996 (S.I. 1996/3016), regs. 1, 3

F41 Words in reg. 9B(1) substituted (4.1.2010) by The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 4(a)

F42 Words in reg. 9B(1) omitted (4.1.2010) by virtue of The Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 (S.I. 2009/3220), regs. 1, 4(b)

Provision as respects Trade Descriptions Act 1968 E+W+S

F43 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Reg. 10 revoked (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 82, Sch. 4 Pt. 2 (with reg. 28(2)(3))

(1)

S.I. 1984/812.

(2)

S.I. 1987/1315.

(3)

1971 c. 10.

(4)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1979/1088; the relevant amending instruments are S.I. 1982/1479, 1983/1602, 1985/113 and 1986/369.

(6)

S.I. 1979/1198, to which there are amendments not relevant to these Regulations.

(7)

1977 c. 49.

(8)

1978 c. 29.

(9)

1984 c. 27.

(10)

Cmnd. 7997.

(11)

Treaty Series No. 11 (1930).

(12)

1958 c. 7 (7 and 8 Eliz 2).