The Road Vehicles Lighting (Amendment) Regulations 1994

Commencement and citation

1.—(1) These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations 1994.

(2) These Regulations, except regulation 6, shall come into force on 1st October 1994 and regulation 6 shall come into force on 1st April 1995.

(3) The Secretary of State is satisfied that—

(a) it is requisite that the provisions of regulation 6 of these Regulations shall apply as from 1st April 1995 and the provisions of regulation 12 of these Regulations shall apply as from 1st October 1994 to vehicles registered under the Vehicle Excise and Registration Act 1994(1) before the expiration of one year from the making of these Regulations; and

(b) notwithstanding that the said provisions will apply to those vehicles as from those dates, no undue hardship or inconvenience will be caused thereby.

Preliminary

2.—(1) The Road Vehicles Lighting Regulations 1989(2) shall be amended in accordance with the following provisions of these Regulations.

(2) So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.

Amendments to regulation 3(2) (Interpretation)

3.—(1) The Table in regulation 3(2) shall be amended as follows.

(2) In the definition of “Community Directive 76/756/EEC, as amended”, for that expression there shall be substituted “Community Directive 76/756/EEC, as last amended by Directive 89/278/EEC”.

(3) After that definition, there shall be inserted the following definition—

““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).”

(4) After the definition of “Pedestrian-controlled vehicle” there shall be inserted the following definition—

““Prescribed sign”

a sign which is of a type shown in Schedule 21A and complies with the requirements of that Schedule.”

(5) In the definition of “traffic sign”, for the words “the Act” there shall be substituted the words “the Road Traffic Regulation Act 1984”.

(6) In the definition of “visiting vehicle”, for the words “Motor Vehicles (International Circulation) Regulations 1971” there shall be substituted the words “Motor Vehicles (International Circulation) Regulations 1985(3)”.

Equivalent standards

4.  After regulation 3, there shall be inserted the following—

“Equivalent standards

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.”.

Colour of light shown by lamps and reflectors (including reflectors on rear markings and signs on buses carrying children)

5.—(1) Regulation 11 shall be amended as follows.

(2) In paragraphs (1) and (2), after the word “lamp” where it first appears in each case there shall be added the words “or retro reflective material”.

(3) In paragraph (2)(t), for the words “rear marking of a type” to “fitted to” there shall be substituted the words “prescribed rear marking fitted in the appropriate manner to”;

(4) The word “or” immediately following sub-paragraph (t) of sub-paragraph (2) shall be omitted and after sub-paragraph (u) of that sub-paragraph there shall be added the following—

“(v) reflected light from yellow retro reflective material incorporated in a prescribed sign and fitted to the rear of a bus; or

(w) reflected light from yellow retro reflective material incorporated in a sign fitted to the rear of a bus in accordance with paragraph (4).

(3) For the purposes of paragraph (2)(t), a rear marking fitted to a vehicle is a prescribed rear marking fitted in the appropriate manner if the rear marking—

(a) is a rear marking of a description specified in the entry applicable to that vehicle in the right hand column of paragraph 1 of Part I of Schedule 19, and

(b) complies with paragraphs 2 to 7 of that Part of that Schedule.

(4) For the purposes of paragraph (2)(w), a sign (“the secondary sign”) is fitted to the rear of a bus in accordance with this paragraph if—

(a) a prescribed sign is also fitted to the rear of a bus;

(b) the total area of the retro reflective material incorporated in the secondary sign is no greater than the area of the prescribed sign; and

(c) the secondary sign satisfies the requirements specified—

(i) in the case of a bus which is owned or hired by a local education authority or any person managing an education establishment attended by children under the age of 16 years, in paragraph (5) or (6); or

(ii) in any other case, in paragraph (6).

(5) The requirements referred to in paragraph (4)(c)(i) are that the secondary sign contains no words or other markings apart from words or markings identifying the local education authority or the educational establishment (as the case may be).

(6) The requirements referred to in paragraph (4)(c)(ii) are that the secondary sign contains no words or other markings apart from words or other markings which—

(a) indicate that children are on board the bus when it is in motion or likely to be on board the bus or in its vicinity when it is stationary, and

(b) are calculated to reduce the risk of road accidents involving such children.”

6.  After regulation 17, there shall be inserted—

“Signs on buses carrying children

17A.— (1) Subject to paragraph (2), no person shall use or cause or permit to be used on a road a bus when it is carrying a child to or from his school unless—

(a) a prescribed sign is fitted to the front of the bus and is plainly visible to road users ahead of the bus, and

(b) a prescribed sign is fitted to the rear of the bus and is plainly visible to road users behind the bus.

(2) Paragraph (1) does not apply where a bus is on a bus service of a description specified in paragraph 2 of the Schedule to the Fuel Duty Grant (Eligible Bus Services) Regulations 1985(4).

(3) For the purposes of this regulation—

(a) a reference to a bus carrying a child to or from his school is a reference to a bus carrying a child—

(i) to, or to a place within the vicinity of, his school on a day during term time before he has attended the school on that day; or

(ii) from, or from a place within the vicinity of, his school on a day during term time after he has finished attending the school on that day;

(b) “school” has the meaning given by section 114 of the Education Act 1944(5); and

(c) a reference to a child is a reference to a child under the age of 16 years.”

7.  The Schedule set out in Schedule 1 to these Regulations shall be inserted after Schedule 21.

Filament lamps on pedal cycles

8.  Paragraph (2) of regulation 14 shall be omitted.

Hazard warning lights

9.—(1) The Table in regulation 27 shall be amended as follows.

(2) In column (3) of item 5, after sub-paragraph (iii) there shall be added the following words—

“or

(iv) in the case of a bus to which prescribed signs are fitted as described in sub-paragraphs (a) and (b) of regulation 17A(1), when the vehicle is stationary and children under the age of 16 years are entering or leaving, or are about to enter or leave, or have just left the vehicle.”

Schedule 1 (obligatory lamps, reflectors, rear markings and devices)

10.—(1) Schedule 1 shall be amended as follows.

(2) In—

(a) the entry in Table I relating to a dim-dip device or running lamp; and

(b) the entries in Tables I and VI relating to a side marker lamp,

for the words “Community Directive 76/756/EEC, as amended,” there shall be substituted the words “Community Directive 76/756/EEC as last amended by Directive 89/278/EEC or Community Directive 76/756/EEC as last amended by Directive 91/663/ EEC”.

(3) In the entry relating to a side marker lamp in Table I, for the words “A vehicle in respect of which the following conditions are satisfied” there shall be substituted the words “A vehicle first used before 1st April 1996 in respect of which the following conditions are satisfied”.

(4) In the entry relating to a side marker lamp in Table VI, for the words “A trailer in respect of which the following conditions are satisfied” there shall be substituted the words “A trailer manufactured before 1st October 1995 in respect of which the following conditions are satisfied”.

Front position lamps

11.—(1) In paragraph 5 of Part I of Schedule 2—

(a) after the word “Markings”, there shall be added the words “(see also regulation 3(6))”.

(b) in sub-paragraph (c), the entry in the left hand column after the words “1st October 1990” there shall be added the words “and before the 1st October 1995”; and

(c) after sub-paragraph (c) there shall be inserted the following paragraph—

“(ca) Any other vehicle manufactured on or after the 1st October 1995:

An approval mark or the British Standard mark which is specified in sub-paragraph (b) of the definition of “British Standard mark” below.”

(2) In paragraph 13 of Part I of Schedule 2—

(a) in the definition of “approval mark”, the words “motor” and “or any trailer” in sub-paragraph (b) shall be omitted; and

(b) for the definition of “British Standard mark”, there shall be substituted—

““British Standard mark” means—

(a)

the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 namely “6102/3”; or

(b)

the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 5821 published on the 29th April 1988, namely “6102/3”.”.

Dim-dip devices and running lamps

12.  In Part I of Schedule 3, for paragraph 3 there shall be substituted—

“3.   — The electrical connections to the obligatory dim-dip device shall be such that the light output specified in paragraph 1 above is automatically emitted whenever the following four conditions are satisfied, namely—

(a) the engine is running, or the key or devices which control the starting or stopping of the engine are in the normal position for when the vehicle is being driven;

(b) the obligatory main beam and dipped beam headlamps are switched off;

(c) any front fog lamp fitted to the vehicle is switched off; and

(d) the obligatory front position lamps are switched on.

4.   The electrical connections to the obligatory running lamps shall be such that the light output specified in paragraph 2 above is automatically emitted, whenever the conditions set out in sub-paragraphs (a), (b) and (c) of paragraph 3 are satisfied.”.

Indicators

13.  In Part I of Schedule 7, in paragraph 2(b)(iii)(A) for “1st April 1991” there shall be substituted “1st April 1995”.

Rear position lamps

14.—(1) In paragraph 5 of Part I of Schedule 10—

(a) after the word “Markings” there shall be added the words “(see also regulation 3(6))”

(b) in sub-paragraph (a), for “paragraph (b), (c) or (d)” there shall be substituted “paragraph (b), (c), (d) or (e)”;

(c) in sub-paragraph (d), in the entry in the left hand column, after the words “by hand” there shall be added the words “in each case manufactured before 1st October 1995”; and

(d) after sub-paragraph (d) as so amended there shall be added the following sub-paragraph—

(e) A pedal cycle, a trailer drawn by a pedal cycle, an invalid carriage having a maximum speed not exceeding 4 mph, a horse-drawn vehicle and a vehicle drawn or propelled by hand in each case manufactured on or after 1st October 1995.

An approval mark or the British Standard mark which is specified in sub-paragraph (c) of the definition of “British Standard mark”.

(2) In paragraph 13 of Part I of Schedule 10, in the definition of “British Standard mark” after paragraph (b) there shall be added—

“or

(c) the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 5821 published on the 29th April 1988, namely “6102/3”.”

Rear markings — further provisions

15.  For Schedule 19 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

Lamps and reflectors fitted on movable parts of a vehicle

16.—(1) In paragraph 12 of Part I of Schedule 7, sub-paragraph (c) shall be omitted.

(2) In paragraph 12 of Part I of Schedule 10, sub-paragraph (b) shall be omitted.

(3) In paragraph 8 of Part I of Schedule 18, sub-paragraph (c) shall be omitted.

Other amendments

17.—(1) In regulation 21(1)(b), for the word “of” there shall be substituted the word “or”.

(2) In item 4 of the Table in regulation 21(1), for the words “lamps do not apply to any such additional lamp” at the end of the entry in column 3, there shall be substituted the words “lamps and rear retro reflectors do not apply to any such additional lamp and reflecting device”.

(3) In regulation 23(2)(a)(ix), the words “Section B of” shall be omitted.

(4) In paragraph 2(c)(i)(D) of Part I of Schedule 2, for the words “large passenger-carrying vehicle” there shall be substituted the word “bus”.

(5) In paragraph 1(d) of Part I of Schedule 7, for the words “1st January 1936” in each place where they appear there shall be substituted the words “1st April 1936”.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under-Secretary of State,

Department of Transport

1st September 1994