Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st December, 2020.

Table of Contents

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018¹ on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No. 715/2007 and (EC) No. 595/2009 and repealing Directive 2007/46/EC, hereby make the following regulations:

Part 1

PRELIMINARY AND GENERAL

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Road Vehicles: Type-Approval and Market Surveillance) Regulations 2020.

(2) Regulation 17 shall come into operation on the day immediately following the day on which these Regulations are made.

Scope

2. (1) A new type of vehicle which complies with the Framework Regulation and these Regulations shall not be refused national type-approval.

(2) A vehicle which complies with the Framework Regulation or these Regulations shall not be prohibited from -

(a) registration,

(b) placement on the market, or

(c) entry into service.

Interpretation

3. (1) In these Regulations -

“2009 Regulations” means the European Communities (Road Vehicles: Type-Approval) Regulations 2009 ( S.I. No. 158 of 2009 );

“approval authority” has the meaning given to it by Article 3(36) of the Framework Regulation and, unless the context otherwise requires, includes the Approval Authority;

“Approval Authority” has the meaning given to it by Regulation 4;

“approved tester” means a person appointed by the Approval Authority in accordance with Regulation 4(3)(b)(i) to carry out tests and inspections under Part 2 and includes a technical service;

“authorised officer” means a person appointed by the Market Surveillance Authority under Regulation 16(1) as an authorised officer;

“Council Directive 96/53/EC” means Council Directive 96/53/EC of 25 July 1996² laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic as amended by -

(a) Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002³ amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic,

(b) Directive (EU) 2015/719 of the European Parliament and of the Council of 29 April 2015⁴ amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic,

(c) Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019⁵ amending Council Directive 96/53/EC as regards the time limit for implementation of the special rules regarding maximum lengths for cabs delivering improved aerodynamic performance, energy efficiency and safety performance, and

(d) Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019⁶ setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No. 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC;

“electronic communication” has the meaning given to it by section 2 of the Electronic Commerce Act 2000 (No. 27 of 2000);

“Framework Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018, and includes Commission Implementing Regulation (EU) 2020/683 of 15 April 2020⁷ implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

“information document” shall be construed in accordance with Regulation 8(3)(a);

“market surveillance authority” has the meaning given to it by Article 3(35) of the Framework Regulation and, unless the context otherwise requires, includes the Market Surveillance Authority;

“Market Surveillance Authority” has the meaning given to it by Regulation 5;

“Minister” means the Minister for Transport;

“mutually-recognised approval” means a national small series type-approval, or a national individual vehicle approval, granted by an approval authority other than the Approval Authority and which -

(a) is accepted by the Approval Authority in accordance with Article 43(3) of the Framework Regulation, or

(b) forms the basis for a permission granted by the Approval Authority under Article 46(3) of the Framework Regulation;

“national test report” shall be construed in accordance with Regulation 7;

“registration” means registration of a vehicle under section 131 of the Finance Act 1992 (No. 9 of 1992), and “registered” shall be construed accordingly;

“Schedule 1 vehicle” means a vehicle of a variety to which Schedule 1 applies;

“specified fee” means a fee of such amount as the Approval Authority considers to be equal to the amount of the costs incurred by it in relation to the application concerned and charged in accordance with the provisions of section 12 of the National Standards Authority of Ireland Act 1996 (No. 28 of 1996);

“technical requirements” means the requirements laid down in Schedule 1 or 2 applicable to the vehicle concerned;

“unique reference number” shall be construed in accordance with Regulation 15(5)(a).

(2) A word or expression which is used in these Regulations and which is also used in the Framework Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Framework Regulation.

Approval Authority

4. (1) The National Standards Authority of Ireland is appointed as the approval authority for the State and, in these Regulations, “Approval Authority” shall be construed accordingly.

(2) The Approval Authority shall perform the functions conferred upon it by the Framework Regulation, these Regulations and the unrevoked provisions.

(3) For the purposes of performing any of its functions under the Framework Regulation, these Regulations or the unrevoked provisions, the Approval Authority may -

(a) provide and maintain places where tests and inspections of vehicles, components, separate technical units, systems and parts and equipment may be carried out and may provide and maintain apparatus for carrying out such tests and inspections, and

(b) subject to such terms and conditions as the Approval Authority may specify consistent with the Framework Regulation, these Regulations and the unrevoked provisions -

(i) appoint and engage any person, within the State or otherwise, from that other person’s own premises or otherwise, to assist the Approval Authority in performing any of the Authority’s functions in respect of applications for national small series type-approval or individual vehicle approval, or the assessment or approval of such applications, or to assist the Approval Authority in respect of any part of such procedures and assessments, and

(ii) appoint and engage any consultant or adviser to assist the Approval Authority in the performance of any of the Authority’s functions as the approval authority for the State.

(4) In this Regulation, “unrevoked provisions”, means such of the provisions of the 2009 Regulations as are not revoked by Regulation 20(2).

Market Surveillance Authority

5. (1) The Road Safety Authority is appointed as the market surveillance authority for the State and, in these Regulations, “Market Surveillance Authority” shall be construed accordingly.

(2) The Market Surveillance Authority shall perform the functions conferred upon it by the Framework Regulation and these Regulations.

(3) For the purposes of performing any of its functions under the Framework Regulation or these Regulations, the Market Surveillance Authority may -

(a) provide and maintain places where tests and inspections of vehicles, components, separate technical units, systems and parts and equipment may be carried out and may provide and maintain apparatus for carrying out such tests and inspections, and

(b) subject to such terms and conditions as the Market Surveillance Authority may specify consistent with the Framework Regulation and these Regulations -

(i) appoint and engage any person, within the State or otherwise, from that other person’s own premises or otherwise, to assist the Market Surveillance Authority in performing any of the Authority’s functions under the Framework Regulation or these Regulations, and

(ii) appoint and engage any consultant or adviser to assist the Market Surveillance Authority in the performance of any of the Authority’s functions as the market surveillance authority for the State.

Alternative requirements

6. The alternative requirements for national small series type-approval and national individual vehicle approval are the following:

(a) the administrative requirements laid down in Part 2;

(b) the technical requirements.

Part 2

NATIONAL SMALL SERIES TYPE-APPROVAL AND NATIONAL INDIVIDUAL VEHICLE APPROVAL

Tests and inspections

7. (1) The Approval Authority shall verify compliance with this Part by means of appropriate tests and inspections that are performed by an approved tester.

(2) The fundamental elements of the appropriate tests and inspections, including the technical requirements for which compliance was verified by such tests and inspections, shall be recorded in a national test report.

(3) A national test report shall be in a form specified by the Approval Authority.

(4) The applicant for national small series type-approval or individual vehicle approval shall make available to the Approval Authority the vehicle that is required for the performance of the appropriate tests and inspections.

(5) In the case of national small series type-approval, the appropriate tests and inspections shall be performed on a vehicle that is representative of the type of vehicle to be approved.

(6) In the case of national individual vehicle approval, the appropriate tests and inspections shall be performed on the vehicle that is to be approved.

Application for grant or amendment of national small series type-approval

8. (1) A manufacturer of a vehicle produced in small series may apply to the Approval Authority for -

(a) national small series type-approval, or

(b) subject to paragraph (9), an amendment of an existing national small series type-approval which the manufacturer holds.

(2) An application under paragraph (1) shall comply with -

(a) the step-by-step type-approval procedure,

(b) the single-step type-approval procedure,

(c) the mixed type-approval procedure, or

(d) if the manufacturer concerned so requests and the Approval Authority thinks it appropriate to do so, the multi-stage type-approval.

(3) (a) An application for national small series type-approval, or for an amendment of an existing national small series type-approval, shall be in a form specified by the Approval Authority and shall be accompanied by -

(i) an information document, containing such particulars on the characteristics of the vehicle, the subject of the application, as is necessary for the Approval Authority to identify the type of vehicle concerned and to properly conduct the type-approval procedure,

(ii) all data, drawings, photographs and other relevant information mentioned in the form as being required for the purposes of the application,

(iii) a declaration by the manufacturer certifying that, in respect of the vehicle concerned -

(I) no approval authority has refused to grant or amend national small series type-approval,

(II) no approval authority has withdrawn or suspended national small series type-approval, and

(III) the manufacturer has not revoked an application for the grant or amendment of national small series type-approval, and

(iv) the specified fee.

(b) The Approval Authority may, by notice in writing, request the applicant to provide any additional information in the context of the type-approval procedure and the applicant shall comply with that request as soon as is practicable after receiving the request.

(4) An amendment referred to in paragraph (1)(b) may be in the form of a revision or an extension of the type-approval concerned.

(5) An amendment referred to in paragraph (1)(b) shall be designated a revision where the Approval Authority decides that, notwithstanding a change in the particulars contained in the information document accompanying the existing national small series type-approval, the vehicle concerned continues to comply with the alternative requirements applicable to that type of vehicle and that, therefore, the appropriate tests and inspections do not require to be repeated.

(6) An amendment referred to in paragraph (1)(b) shall be designated an extension where the Approval Authority decides that the particulars contained in the information document accompanying the existing national small series type-approval have changed and one or more than one of the following applies:

(a) the appropriate tests and inspections are required to be repeated to verify continued compliance with the alternative requirements upon which the existing type-approval has been based;

(b) any information in the national small series type-approval certificate, except for its attachments, has changed;

(c) new requirements under the alternative requirements are applicable to the type of vehicle concerned.

(7) A manufacturer who holds a national small series type-approval certificate in respect of a type of vehicle and who proposes to change the production of the vehicle concerned, so that the particulars supplied in the information document have changed, shall inform the Approval Authority in writing without delay.

(8) No national small series type-approval may be based or rely, in any respect, on any individual vehicle approval.

(9) An application under paragraph (1) which relates to an existing national small series type-approval which the manufacturer concerned holds may, where appropriate, consist of -

(a) an amendment to the application by virtue of which such approval was obtained, or

(b) an amendment to a previous application made in reliance on this paragraph and which relates to such approval,

and, in any such case, the other provisions of this Regulation shall, with all necessary modifications, be construed to take account of an application under paragraph (1) made in reliance on this paragraph.

(10) In this Regulation -

“mixed type-approval” has the meaning given to it by Article 3(11) of the Framework Regulation but as if, in that Article, the words “national small series type-approval certificates” were substituted for “EU type-approval certificates”;

“step-by-step type-approval” has the meaning given to it by Article 3(9) of the Framework Regulation but as if, in that Article, the words “national small series type-approval certificates” were substituted for “EU type-approval certificates”;

“test and inspections” shall be construed in accordance with Regulation 7.

Grant or amendment of national small series type-approval

9. (1) The Approval Authority shall make the decision whether or not to grant or amend a national small series type-approval in respect of a type of vehicle in accordance with Article 42 of the Framework Regulation and the alternative requirements.

(2) The Approval Authority may grant or amend a national small series type-approval only where it is satisfied that the manufacturer has made adequate arrangements to -

(a) ensure that production vehicles conform to the approved type, and

(b) comply with its obligations under the Framework Regulation and these Regulations.

(3) The Approval Authority shall, when granting or amending a national small series type-approval, require a manufacturer to give to it an undertaking in writing as to the establishment of specific procedures to ensure conformity of production.

Conformity of production

10. (1) This Regulation applies where a manufacturer has given an undertaking pursuant to Regulation 9(3).

(2) The manufacturer shall comply with the undertaking.

(3) The manufacturer shall keep a record of the results obtained from a relevant procedure and retain that record for not less than 10 years commencing on the date that the procedure was carried out or for such lesser period as the Approval Authority may, from time to time, agree in writing.

(4) Where the Approval Authority has issued a national small series type-approval certificate in respect of a type of vehicle, it shall take the necessary measures to verify that the relevant procedures continue to be adequate so that vehicles in production continue to conform to the approved type.

(5) The manufacturer shall -

(a) permit the Approval Authority to take all necessary measures to verify that that manufacturer produces the vehicles in conformity with the approved type, and

(b) co-operate with any person acting on behalf of the Approval Authority in connection with that verification, whether or not that person is an approved tester.

(6) In this Regulation, “relevant procedure” means a procedure referred to in Regulation 9(3) that is the subject, or one of the subjects, of the undertaking.

Validity of national small series type-approvals and individual vehicle approvals

11. (1) (a) The Approval Authority shall, as soon as is practicable after the 7th anniversary of the date of the grant or amendment of a national small series type-approval by it in accordance with Regulation 9 for vehicles of categories M₁ and N₁, verify that the type of vehicle complies with all of the alternative requirements that are relevant to that type.

(b) The Approval Authority shall, as soon as is practicable after the 10th anniversary of the date of the grant or amendment of a national small series type-approval by it in accordance with Regulation 9 for vehicles of categories M₂, M₃, N₂, N₃ and O, verify that the type of vehicle complies with all of the alternative requirements that are relevant to that type.

(2) Where the Approval Authority carries out the verification referred to in paragraph (1), it shall not be necessary for the appropriate tests and inspections referred to in Regulation 7 to be repeated.

(3) (a) Subject to Article 89(1) of the Framework Regulation, a national small series type-approval shall become invalid in each of the following cases:

(i) where new requirements applicable to the approved type of vehicle become mandatory for the making available on the market, registration or entry into service of the vehicle and the national small series type-approval cannot be amended in accordance with Regulation 9;

(ii) where the Approval Authority, after carrying out a verification in accordance with paragraph (1)(a) or (b), concludes that the vehicle does not comply with all the alternative requirements that are relevant to that type;

(iii) where the production of vehicles in conformity with the approved type of vehicle is definitively discontinued on a voluntary basis;

(iv) where the national small series type-approval has been withdrawn in accordance with Regulation 14;

(v) where the validity of the national small series type-approval certificate expires by virtue of a restriction to which it is subject;

(vi) where the Approval Authority is satisfied that -

(I) the national small series type-approval was based on false declarations or falsified test results, or

(II) data were withheld which would have led to the refusal to grant that type-approval.

(b) A type-approval which falls within subparagraph (a)(iii) shall continue to be valid for the purpose of registration or entry into service in so far as subparagraph (a)(i) does not apply in addition to subparagraph (a)(iii).

(4) Where the national small series type-approval of only one variant within a type of vehicle or one version within a variant becomes invalid, the national small series type-approval of the type of vehicle concerned shall become invalid only in so far as the particular variant or version, as the case may be, is concerned.

(5) Where the production of a particular type of vehicle is definitively discontinued, the manufacturer concerned shall notify the Approval Authority in writing without delay of the date of the discontinuance.

(6) Paragraph (3)(a)(vi) shall, with all necessary modifications, apply to an individual vehicle approval.

National individual vehicle approval

12. (1) (a) An application for national individual vehicle approval shall be in a form specified by the Approval Authority.

(b) The application shall be -

(i) completed so as to provide all the information reasonably required by the Approval Authority in relation to the vehicle the subject of the application, and

(ii) accompanied by -

(I) the documents mentioned in the form as being so required, and

(II) the specified fee.

(2) The Approval Authority shall, as soon as is practicable after receiving the application, send to the applicant a notice stating the address at which the examination of the vehicle is to be carried out.

(3) The Approval Authority shall decide whether to grant or refuse the application in accordance with Article 45 of the Framework Regulation and the technical requirements.

(4) (a) Subject to subparagraph (b), for the purposes of paragraph (3), the alternative requirements that Article 45(1) of the Framework Regulation requires to be imposed are the technical requirements specified in Part 5 of Schedule 2.

(b) The technical requirements referred to in subparagraph (a) also apply to a Schedule 1 vehicle subject to any modification or addition to any such requirement that is stipulated in Part 5 of Schedule 2 as being applicable to the Schedule 1 vehicle.

(5) Where a national individual vehicle approval certificate issued in the State is lost or defaced, the owner of the vehicle to which the certificate relates may apply to the Approval Authority for a duplicate of that certificate.

(6) (a) An application under paragraph (5) shall be -

(i) in a form specified by the Approval Authority, and

(ii) accompanied by the specified fee.

(b) The Approval Authority may, by notice in writing, request the applicant to provide any additional information reasonably required by the Approval Authority to determine the application and the applicant shall comply with the request as soon as is practicable after receiving the request.

(7) The Approval Authority shall ensure that the word “duplicate” is clearly visible on the face of a duplicate of a national individual vehicle approval certificate issued pursuant to an application under paragraph (5).

Retention of certificates etc.

13. A person who has been issued a certificate or given a notice in accordance with this Part shall keep that certificate or notice, as the case may be, at the disposal of the Approval Authority for a period of not less than 10 years commencing from the date of the issue of the certificate or the giving of the notice, as the case may be.

Part 3

WITHDRAWAL OR SUSPENSION OF NATIONAL SMALL SERIES TYPE-APPROVAL AND INDIVIDUAL VEHICLE APPROVAL

Withdrawal or suspension

14. (1) Subject to paragraph (2), the Approval Authority may withdraw or suspend a national small series type-approval where the Authority is satisfied that -

(a) a vehicle is accompanied by a certificate of conformity and fails to conform to the approved type, or

(b) the procedures established by a manufacturer for ensuring conformity of production are inadequate.

(2) Where the Approval Authority is considering withdrawing or suspending a national small series type-approval, the Authority shall give the manufacturer a notice in writing of such consideration and setting out the reasons for such consideration.

(3) Where the Approval Authority gives a notice under paragraph (2) -

(a) the manufacturer may, within the period of 28 days beginning with the day on which the notice is given, make representations in writing concerning the proposed withdrawal or suspension,

(b) the Approval Authority shall not make a decision on the withdrawal or suspension of the national small series type-approval until that period has expired, and

(c) the Approval Authority shall, before deciding whether or not to withdraw or suspend the national small series type-approval, take into account any representations in writing made by the manufacturer within that period.

(4) Where a national small series type-approval has been suspended under this Regulation in respect of a type of vehicle, a certificate of conformity issued by the manufacturer, on or after such suspension, in respect of a vehicle of that type is invalid.

(5) A suspension remains in force until it is revoked by the Approval Authority.

(6) The Approval Authority may, by a notice under paragraph (2) or by a subsequent notice in writing given to the manufacturer, exempt from paragraph (4) certificates of conformity, or classes of such certificates, specified in the notice.

(7) Where the Approval Authority refuses to revoke a suspension under paragraph (5) or grant an exemption under paragraph (6) following a request in writing from the manufacturer to do so, the Authority shall, as soon as is practicable after making that decision in respect of a national small series type-approval, give notice in writing of that decision to the manufacturer.

(8) Subject to paragraph (9), the Approval Authority may withdraw or suspend a national individual vehicle approval where the Authority is satisfied that -

(a) the approval was based on false declarations or falsified test results, or

(b) data were withheld which would have led to the refusal to grant that approval.

(9) Where the Approval Authority is considering withdrawing or suspending a national individual vehicle approval under paragraph (8), paragraphs (2) and (3) shall apply to such consideration as if -

(a) references in paragraphs (2) and (3) to “national small series type-approval” were references to “national individual vehicle approval”, and

(b) references in paragraphs (2) and (3) to “manufacturer” were references to “owner of the vehicle concerned”.

Part 4

PLACING ON THE MARKET AND ENTRY INTO SERVICE

Placing on the market and entry into service

15. (1) Subject to paragraph (2), a person shall not place a vehicle on the market that exceeds the harmonised dimensions, weights and axle loads laid down in Annex I to Council Directive 96/53/EC.

(2) Paragraph (1) shall not apply where a vehicle complies with the requirements of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

(3) (a) Subparagraph (b) applies where a new vehicle to which the Framework Regulation applies or these Regulations apply -

(i) is not constructed or adapted for use in left-hand traffic, or

(ii) does not use metric units of measurement for its speedometer.

(b) Technical adaptations shall be made to the new vehicle -

(i) in order to ensure that the vehicle ceases to fall within subparagraph (a), and

(ii) before any of the following occurs:

(I) the vehicle is registered;

(II) the vehicle enters into service;

(III) the vehicle is made available on the market.

(c) In subparagraph (b), “technical adaptations”, in relation to a new vehicle to which that subparagraph applies, means the adaptations specified, in items 20A, 35A, 52A and 66 of each of Tables 1 to 6 in Schedule 2, applicable to that vehicle.

(4) Where a vehicle to which the Framework Regulation applies or these Regulations apply is required to be registered, the certificate of conformity or individual vehicle approval certificate, as the case may be, shall be produced at the time of first registration.

(5) In the case of a new vehicle subject to type-approval, the manufacturer shall, in respect of the vehicle concerned -

(a) notify the Approval Authority of the existence of the vehicle and obtain for that vehicle a unique reference number, and

(b) retain evidence of this communication, in paper form or electronic form, for a period of not less than 10 years.

(6) Where the Approval Authority makes a communication under Article 43(4) of the Framework Regulation, or decides to grant or refuse permission under Article 46(3) of the Framework Regulation, it shall notify the Revenue Commissioners accordingly.

(7) The Revenue Commissioners shall notify the Approval Authority where a new vehicle is declared for registration and reliance is placed by the applicant on a mutually-recognised approval that is not included in a notification under paragraph (6).

(8) Where paragraph (7) applies, the new vehicle shall not be registered, entered into service or sold until the Approval Authority has made a decision on whether the vehicle is subject to a mutually - recognised approval and has notified the Revenue Commissioners in accordance with paragraph (6).

(9) Where a new vehicle is registered, has entered into service or has been sold on the representation or understanding that it is the subject of a mutually-recognised approval but in fact such vehicle is not the subject of such approval, then -

(a) the registration of the vehicle may be cancelled,

(b) if it has entered into service, the vehicle shall be withdrawn from service, and

(c) if it has been sold, the buyer may, at his or her election, avoid the contract of purchase -

(i) within 30 days of becoming aware that the vehicle is not the subject of a mutually-recognised approval, or

(ii) within 90 days of a communication under Article 43(4) of the Framework Regulation or a decision to refuse permission under Article 46(3) of the Framework Regulation,

whichever is the later.

(10) Where a vehicle to which the Framework Regulation applies or these Regulations apply is not required to be registered, the person who makes the vehicle available on the market shall -

(a) send a copy of the certificate of conformity or national individual vehicle approval certificate along with the unique reference number, if applicable, for the vehicle concerned to the Approval Authority, and

(b) retain evidence, in writing, of this communication for a period of not less than 10 years.

Part 5

ENFORCEMENT

Authorised officers

16. (1) The Market Surveillance Authority may appoint a person to be an authorised officer for the purpose of the Framework Regulation and these Regulations.

(2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer.

(3) When exercising a power conferred on him or her under this Regulation, an authorised officer shall, if requested by a person thereby affected, produce the warrant of his or her appointment, or a copy of it, to that person and a form of personal identification.

(4) An appointment under subsection (1) may be revoked at any time by the Market Surveillance Authority.

(5) An authorised officer may, for the purpose of ensuring that the Framework Regulation and these Regulations are being complied with, do any of the following:

(a) require any economic operator to produce the type-approval certificate or certificate of conformity to the authorised officer in respect of any vehicle, system, component or separate technical unit;

(b) enter at any reasonable time any premises or place, at which there are reasonable grounds to believe that any vehicle, system, component, separate technical unit, parts or equipment to which the Framework Regulation or these Regulations applies or apply are or are likely to be found, and search and inspect the premises or place and such vehicle, system, component, separate technical unit, parts or equipment found there and any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment;

(c) secure for later inspection any premises or place or part of it in which any such vehicle, system, component, separate technical unit, parts or equipment or any type-approval certificates, certificates of conformity, books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any such vehicle, system, component, separate technical unit, parts or equipment are kept or there are reasonable grounds for believing that such are kept;

(d) require any person in charge of the premises or place to produce to him or her any books, documents or records relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as the authorised officer may reasonably require in relation to any entries in such books, documents or records;

(e) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a legible form);

(f) remove and retain such books, documents or records for such period as may be reasonable for further examination;

(g) require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs;

(h) require any person in charge of the premises or place to give him or her any information which he or she may reasonably require relating to the type-approval, placing on the market, making available on the market or entry into service of any vehicle, system, component, separate technical unit, parts or equipment;

(i) take without payment of compensation any necessary samples of any vehicle, system, component, separate technical unit, parts or equipment;

(j) carry out or have carried out on the sample so taken such analyses, examinations, tests and inspections as he or she considers necessary or expedient.

(4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.

(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under paragraph (6) authorising such entry.

(6) If, on the sworn information of an authorised officer, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Framework Regulation or these Regulations is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.

Offences and prosecution

17. (1) An approved tester shall not carry out any of the activities listed in Article 84(2) of the Framework Regulation.

(2) An economic operator shall not carry out any of the activities listed in Article 84(2) and (3) of the Framework Regulation.

(3) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

(4) A person who -

(a) without reasonable excuse, fails or refuses to comply with any request or requirement made by an authorised officer,

(b) obstructs, impedes, interferes with or assaults an authorised officer in the exercise by that authorised officer of a power under these Regulations,

(c) gives to an authorised officer information that is false or misleading in a material respect, or

(d) alters, suppresses, or destroys any certificate, book, document or record which the person concerned has been required to produce, or reasonably expected to be required to produce,

shall be guilty of an offence.

(5) A person guilty of an offence under this Regulation shall be liable -

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 12 months or both.

(6) (a) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, subparagraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate.

(7) A summary offence under these Regulations may be prosecuted by the Market Surveillance Authority or the Approval Authority.

Part 6

MISCELLANEOUS

Review

18. (1) Subject to paragraph (9), any person who is aggrieved by a decision of the Approval Authority made under the Framework Regulation or these Regulations may request the Approval Authority to review the decision.

(2) On a review under this Regulation, the Approval Authority -

(a) shall have the same powers and duties as it has on an application for consideration of the application of the relevant kind,

(b) may hold an inquiry in connection with the review, and

(c) may appoint an assessor for the purpose of assisting with the review or inquiry.

(3) A review under this Regulation shall be made by notice to the Approval Authority which shall be lodged with the Approval Authority not later than 14 days from the date on which notice of the decision in respect of which the review is sought was given.

(4) An application for a review under this Regulation shall state the grounds on which the review is sought and be accompanied by the following documents:

(a) where the review relates to a decision of the Approval Authority in relation to a type-approval application or an individual vehicle approval application, a copy of the documents which accompanied the application for the approval concerned, and

(b) where the review relates to a withdrawal, suspension or amendment of a type-approval certificate or individual vehicle approval certificate, a copy of the certificate concerned.

(5) An application for a review under this Regulation shall not be considered where paragraph (4) has not been complied with.

(6) A person, whether a member of the Approval Authority or employed by the Approval Authority or otherwise, shall not -

(a) undertake or participate in undertaking a review or inquiry under this Regulation, or

(b) act as an assessor in a review or an inquiry under this Regulation,

if he or she has -

(i) made or participated in the making of any decision by the Approval Authority,

(ii) made any recommendation or report to the Approval Authority or to any person concerned with the making of such decision, or

(iii) been in receipt of information not publicly available,

in the context of the decision that is the subject of the review.

(7) The Approval Authority may confirm, annul or vary the decision that is the subject of the review, including by the addition, deletion or modification of a condition.

(8) The Approval Authority shall cause its decision on a review and the reasons for making that decision to be notified to the applicant.

(9) This Regulation shall not apply to a decision of the Approval Authority taken under Chapter XV of the Framework Regulation or to the exercise of the Approval Authority or the Market Surveillance Authority of their respective functions under Part 4.

(10) Paragraphs (1) to (3) and (6) to (8) shall, with all necessary modifications, apply to the Market Surveillance Authority and a decision of the Market Surveillance Authority under the Framework Regulation or these Regulations as those paragraphs apply to the Approval Authority and a decision of the Approval Authority under the Framework Regulation or these Regulations.

Service of notices

19. (1) Subject to paragraph (2), any notice or other document required or authorised by virtue of the Framework Regulation or these Regulations to be given to any person by the Approval Authority or the Market Surveillance Authority shall be addressed to the person concerned by name and may be given -

(a) by delivering it to the person,

(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

(d) by electronic communication, if the person concerned has agreed to service of notices by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.

(2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(3) Where a notice or other document has been sent to a person in accordance with paragraph (1)(c), it is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.

Revocations

20. (1) The European Communities (Road Vehicles: Entry into Service) Regulations 2009 ( S.I. No. 157 of 2009 ) are revoked.

(2) The 2009 Regulations are revoked except for Regulations 1 to 3, 25(2)(l) and (3) to (6), 26 and 31 of those Regulations.

Saving for applications made, approvals granted and certificates issued under 2009 Regulations

21. (1) An application for type-approval or individual vehicle approval made under the 2009 Regulations before the commencement of these Regulations but not determined before such commencement shall have effect as if the application were made under these Regulations.

(2) Subject to Article 89(2) of the Framework Regulation, notwithstanding the revocation of the 2009 Regulations by Regulation 20, a certificate of conformity, type-approval, individual vehicle approval, type-approval certificate, individual vehicle approval certificate or type-approval mark issued under those Regulations shall -

(a) continue to have effect according to its terms, and

(b) be treated, for the purposes of these Regulations, as if it had been issued under these Regulations.

SCHEDULE 1

Individual Approval: Certain Varieties of Vehicle

1. This Schedule applies to a vehicle of a class that:

(1) falls within category M₁ or N₁; and

(2) which is:

(a) a personally-imported vehicle, within the meaning of section 3 of this Schedule;

(b) an amateur-built vehicle, within the meaning of section 4 of this Schedule;

(c) a vehicle manufactured in very low volume, within the meaning of section 5 of this Schedule;

(d) a vehicle manufactured using parts from a registered vehicle, within the meaning of section 6 of this Schedule;

(e) a rebuilt vehicle within the meaning of section 7 of this Schedule;

(f) a motor caravan;

(g) an armoured vehicle;

(h) an ambulance; or

(i) a hearse.

2. In this Schedule:

“ambulance” has the meaning given in paragraph 5.3 of Part A of Annex I to the Framework Regulation;

“armoured vehicle” has the meaning given in paragraph 5.2 of Part A of Annex I to the Framework Regulation;

“hearse” has the meaning given in paragraph 5.4 of Part A of Annex II to the Framework Regulation;

“motor caravan” has the meaning given in paragraph 5.1 of Part A of Annex II to the Framework Regulation.

3. (1) In this Schedule, a vehicle is a “personally-imported vehicle” if the conditions in subparagraph (2) are satisfied (“A” being, in the following subparagraphs, the applicant for individual approval).

(2) The conditions in this sub-paragraph are satisfied if:

(a) the vehicle has been imported by A upon entry into the State,

(b) A had, prior to the time the vehicle was imported, been normally resident in a country other than the State for a continuous period of at least 12 months,

(c) A intends to become normally resident in the State,

(d) the vehicle has been in the possession of and used by A in the country where A was normally resident for a period of at least 6 months before its importation, and

(e) the vehicle is intended for A’s personal or household use in the State.

(3) Subject to subparagraphs (4) to (6), for the purposes of this paragraph A is to be treated as being normally resident in a country if:

(a) A usually lives in that country for a period of, or periods together amounting to, at least 185 days in a period of 12 months; and

(b) that period or those periods of residence occur because of A’s occupational and personal ties to that country.

(4) Where A has no occupational ties, subparagraph (3)(b) does not apply provided that A’s personal ties show close links with that country.

(5) Where A has occupational ties in one country and personal ties in a second country, A is to be treated, for the purposes of this paragraph, as being normally resident in that second country if either:

(a) A’s stay in the first country is in order to carry out a task of a definite duration, or

(b) A returns regularly to the second country.

(6) If A is an Irish citizen whose personal ties are in the State and whose occupational ties are in a country other than the State, A is to be treated as normally resident in that other country if A has lived there for a period of, or periods together amounting to, at least 185 days in the period of 12 months immediately preceding the date of entry into the State.

4. (1) In this Schedule, a vehicle is an “amateur-built vehicle” if:

(a) the vehicle was:

(i) constructed or assembled or

(ii) having previously been registered in the State under any legislation providing for the licensing and registration of mechanically propelled vehicles, structurally modified, for the personal use of a person (in this Schedule, “R”) who is a relevant individual, and

(b) the whole, or a substantial part, of the construction, assembly or modification was carried out:

(i) by R,

(ii) by one or more relevant individuals acting on behalf, and under the direction, of R, or

(iii) by R and one or more relevant individuals acting on behalf, and under the direction, of R.

(2) For the purposes of this paragraph, a relevant individual in relation to a motor vehicle is an individual who does not, at any time during the period when the construction or assembly of the vehicle was being carried out, carry on a business in the course of which motor vehicles are normally constructed, assembled or modified.

5. (1) In this Schedule, a vehicle is a “vehicle manufactured in very low volume” if the condition in subparagraph (2) is satisfied.

(2) The condition is that the total number of vehicles of the family of types to which the vehicle in question belongs which are manufactured in the world during any period of 12 months falling within the period of 36 months immediately preceding the month in which the vehicle was manufactured does not exceed 300.

6. In this Schedule, a vehicle is a “vehicle manufactured using parts of a registered vehicle” if:

(a) it is constructed or assembled by a person carrying on a business in the course of which motor vehicles are normally constructed or assembled;

(b) it is equipped with an engine which has previously been used as the engine of another vehicle which had been registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles; and

(c) it is equipped with one or more of the following components taken from the same vehicle as the engine:

(i) chassis,

(ii) body,

(iii) suspension,

(iv) an axle;

(v) transmission, or

(vi) steering assembly.

7. (1) In this Schedule, a vehicle is a “rebuilt vehicle” if it:

(a) is a vehicle to which the Approval Authority is required to assign a vehicle identification number,

(b) is not an amateur-built vehicle or a vehicle manufactured using parts of a registered vehicle, and

(c) has been rebuilt using a replacement chassis, or an integral chassis body, which is of the same design and construction as that of the original vehicle and which:

(i) was supplied for the purpose without having been previously used, or

(ii) previously formed part of a vehicle registered in the State under any legislation providing for the licensing and registration of mechanically-propelled vehicles.

(2) For the purposes of subparagraph (1) the Approval Authority is required to assign a vehicle identification number to a vehicle where it appears to the authority upon receipt of an application under Regulation 8 that the vehicle does not have a vehicle identification number which:

(a) satisfies the requirements set out in Part B of Annex I to Regulation (EU) 19/2011,

(b) has previously been assigned under this Schedule, or

(c) if it does not fall within paragraph (a) or (b), is adequate for the purpose of enabling the vehicle to be identified.

8. For the purpose of determining whether a multi-purpose vehicle falls into category M₁ or N, if the manufacturer so requests a vehicle which has:

(a) 4 or more seats,

(b) a load area not exceeding 40% of its length, and

(c) a maximum technically permissible mass not exceeding 6500 kilogrammes, may be categorised as M₁.

SCHEDULE 2

Regulation 3

Technical Requirements for Issue of National Small Series Approval and National Individual Vehicle Approval

Part 1

Technical Requirements for National Small Series Type-Approval for Category M Vehicles

(small series limit: for M₁, M₂ or M₃ is 250 vehicles per type per year)

To enable representative testing, the vehicle will be delivered in a presentable state and capable of being laden to maximum authorised weight.

A representative of the manufacturer must be present to enable access to all parts of the vehicle, to assist in explanation of features of that vehicle, and to cooperate in any testing.

Where a type of system has been altered at the subsequent stage of completion of the vehicle, to the extent that the system has to be retested for type-approval purposes, that retesting shall be limited to only those parts of the system that have been altered or affected by the changes.

Table 1: Alternative Requirements for Category M₁ Vehicles

To enable representative testing, the vehicle will be delivered in a presentable state and capable of being laden to maximum authorised weight.

A representative of the manufacturer must be present to enable access to all parts of the vehicle, to assist in explanation of features of that vehicle, and to cooperate in any testing.

Where a type of system has been altered at the subsequent stage of completion of the vehicle, to the extent that the system has to be retested for type-approval purposes, that retesting shall be limited to only those parts of the system that have been altered or affected by the changes.

Table 2: Technical Requirements for Category M₂ Vehicles and Category M₃ Vehicles

CHAPTER I:

WHEELCHAIR ACCESSIBILITY REQUIREMENTS

Definitions

1. In this Schedule:

“the 1976 Directive” means Council Directive 76/115/EEC (as amended) of 18 December 1975 on the approximation of the laws of the member states relating to anchorages for motor vehicle safety belts;

“the 1977 Directive” means Council Directive 77/541/EEC (as amended) of 28 June 1977 on the approximation of the laws of the member states relating to safety belts and restraint systems of motor

vehicles;

“boarding lift” means a lift fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“boarding ramp” means a ramp fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated public service vehicle or its equipment which is required by these Regulations to contrast;

“dynamic test” means a test which complies with the requirements of paragraph 3(7);

“exit” means an exit from a regulated public service vehicle but does not include an exit which is provided for use only in case of emergency;

“gangway” means the space provided for obtaining access from any entrance to the passengers’ seats or from any such seat to an exit other than an emergency exit, but does not include a staircase or any space in front of a seat or row of seats which is required only for the use of passengers occupying the seat or row of seats;

“g” means 9.81 m/s2;

“kg” means kilogram(s);

“km/h” means kilometre(s) per hour;

“mm” means millimetre(s);

“m/s” means metre(s) per second and “m/s2” means metre(s) per second per second;

“N” means newton(s);

“optical device” means any system (including a mirror, closed circuit television and optical cable) which provides the driver of a regulated public service vehicle with a view of an area of the vehicle;

“portable ramp” means a ramp which is carried on a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“reference wheelchair” means an occupied wheelchair having the dimensions shown in diagram A of Part II to this Schedule;

“seat” means a seat intended for use by passengers and, accordingly, does not include the driver’s seat or any other seat intended to use solely by a crew member;

“static test” means a test which complies with the requirements of paragraph 3(5) and which applies the forces specified in paragraph 3(6);

“wheelchair restraint system” means a system which is designed to keep a wheelchair restrained within the wheelchair space;

“wheelchair user” means a disabled person using a wheelchair; and “wheelchair user restraint” means a system which is designed to keep a wheelchair user restrained in the wheelchair.

Wheelchair spaces

2. (1) A regulated public service vehicle shall be fitted with not less than one wheelchair space.

(2) Any wheelchair space shall be fitted to the lower deck of a double-deck bus or double-deck coach.

(3) Any wheelchair space on a regulated public service vehicle-

(a) shall comply with the requirements of paragraph 3; or

(b) where the vehicle is adapted to carry standing passengers and is not fitted with any seat belts for passengers which are required to be fitted by regulation, may comply with the requirements of paragraph 4 as an alternative to the requirements of paragraph 3.

Forward-facing wheelchairs

3. (1) Any wheelchair space fitted to a regulated public service vehicle shall comply with the following requirements:

(a) a wheelchair space shall not be less than:

(i) 1300mm measured in the longitudinal plane of the vehicle;

(ii) 750mm measured in the transverse plane of the vehicle; and,

(iii) 1500mm measured vertically from any part of the floor of the wheelchair space.

(b) A wheelchair space shall allow the carriage of a wheelchair and a wheelchair user facing the front of the vehicle;

(c) A wheelchair space shall be fitted with a wheelchair restraint system suitable for general wheelchair application;

(d) A wheelchair space shall be fitted with a wheelchair user restraint system which shall comprise a minimum of two anchorage points and a pelvic restraint (lap belt) designed and constructed of components intended to perform in a similar manner to those of a seat belt conforming to the 1977 Directive;

(e) Any wheelchair user restraint or wheelchair restraint system fitted to a wheelchair space shall be capable of being easily released in the case of an emergency;

(f) Any wheelchair restraint system shall either:

(i) Meet the dynamic test requirements described in subparagraph (7) and be securely attached to vehicle anchorages meeting the static test requirements in subparagraph (5); or,

(ii) Be securely attached to vehicle anchorages such that the combination of restraint and anchorages meets the requirements of sub-paragraph (7) when the anchorages comply with sub-paragraph (7)(d)(ii).

(g) Any wheelchair user restraint shall either:

(i) Meet the test requirements described in sub-paragraph (8) and be securely attached to vehicle anchorages meeting the static test requirements in sub-paragraph (5); or,

(ii) Be securely attached to vehicle anchorages such that the combination of restraint and anchorages meets the test requirements described in sub-paragraph (8) when fitted to a representative section of the vehicle structure as described in sub-paragraph (5)(g).

(2) One or more seats which are capable of being tipped, folded or otherwise moved may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7 provided that the seat is capable of being easily moved out of the volume or out of the gangway. In the case of a single-deck or double-deck coach, this may include a seat which may be quickly dismantled or removed provided that the seat can be safely stowed.

(3) The clear space in front of any seat may lie within the volume specified in sub-paragraph (1) (a) or within the gangway specified in paragraph 7.

(4) There shall be a sign on or near a seat specified in sub-paragraphs (2) and (3) stating the following “Please give up this seat for a wheelchair user” or stating words of equivalent meaning.

(5) A static test shall be carried out on the anchorage points for both the wheelchair restraint system and the wheelchair user restraint in accordance with the following requirements:

(a) The forces specified in sub-paragraph (6) shall be applied by means of a device reproducing the geometry of the wheelchair restraint system;

(b) The forces specified in sub-paragraph (6) shall be applied by means of a device reproducing the geometry of the wheelchair user restraint and by means of a traction device specified in paragraph 5.3.4 of Annex 1 of the 1976 Directive;

(c) The forces in (a) and (b) above shall be applied simultaneously in the forward direction and at an angle of 10º± 5ºabove the horizontal plane;

(d) The forces in (a) above shall be applied in the rearward direction and at an angle of 10º± 5ºabove the horizontal plane;

(e) The forces shall be applied as rapidly as possible through the central vertical axis of the wheelchair space;

(f) The force shall be maintained for a period of not less than 0.2 seconds; and,

(g) The test shall be carried out on a representative section of the vehicle structure together with any fitting provided in the vehicle which is likely to contribute to the strength or rigidity of the structure.

(6) The forces referred to in sub-paragraph (5) are:

(a) In the case of anchorages provided for a wheelchair restraint system fitted to a Category M₂ vehicle-

(i) 11100N applied in the longitudinal plane of the vehicle and towards the front of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space; and,

(ii) 5500N applied in the longitudinal plane of the vehicle and towards the rear of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space.

(b) In the case of anchorages provided for a wheelchair restraint system fitted to a Category M₃ vehicle-

(i) 7400N applied in the longitudinal plane of the vehicle and towards the front of the vehicle at a height of not less than 200mm and not more than 300mm measured

vertically from the floor of the wheelchair space; and,

(ii) 3700N applied in the longitudinal plane of the vehicle and towards the rear of the vehicle at a height of not less than 200mm and not more than 300mm measured

vertically from the floor of the wheelchair space.

(c) In the case of anchorages provided for a wheelchair user restraint system, the forces shall be in accordance with the requirements of paragraph 5.4 of Annex 1 of the 1976 Directive;

References to M₂ and M₃ vehicles are references to vehicles of those categories as defined in Annex II (A) to the 1970 Directive.

(7) A wheelchair restraint system shall be subject to a dynamic test carried out in accordance with the following requirements:

(a) A representative wheelchair test trolley of mass 85kg shall, from a speed of between 48km/h to 50km/h to rest, be subject to a deceleration-time pulse in the forward direction

which-

(i) Exceeds 20g for a cumulative period of at least 0.015 seconds;

(ii) Exceeds 15g for a cumulative period of at least 0.04 seconds;

(iii) Is for an overall duration of at least 0.075 seconds and not more than 0.12 seconds;

(iv) Shall not, for a duration of more than 0.08 seconds, be at 28g; and,

(v) Shall not exceed 28g.

(b) Except as provided in (c) below, a representative wheelchair test trolley of mass 85kg shall, from a speed of between 48km/h to 50km/h to rest, be subject to a deceleration-time pulse in the rearward direction which-

(i) Exceeds 5g for a cumulative period of at least 0.015 seconds;

(ii) Shall not, for a duration of more than 0.02 seconds, be at 8g; and,

(iii) Shall not exceed 8g.

(c) The test in (b) above shall not apply if the same restraints and direction of loading are used for the forward and rearward direction or if an equivalent test has been conducted; and,

(d) for the above tests the wheelchair restraint system shall be attached to either-

(i) Anchorages fixed to the test rig which represents the geometry of the anchorages in a vehicle for which the restraint system is intended; or,

(ii) Anchorages forming part of a representative section of the vehicle for which the restraint system is intended, set up as described in sub-paragraph (5)(g).

(8) A wheelchair occupant restraint shall comply with the test requirements specified in paragraph 2.7.8.4 of Annex 1 of the 1977 Directive or an equivalent test to the deceleration-time pulse in paragraph (7)(a). A seat belt which has been type approved in accordance with the 1977 Directive, and so marked, shall be deemed to comply.

(9) A test in sub-paragraphs (5), (7) or (8) shall fail unless the following requirements are met:

(a) No part of the system shall have failed, or shall have become detached from its anchorage or from the vehicle during the test;

(b) Mechanisms to release the wheelchair and user shall be capable of release after completion of the test;

(c) In the case of the test specified in sub-paragraph (7), the wheelchair shall not move more than 200mm in the longitudinal plane of the vehicle during the test; and,

(d) No part of the system shall be deformed to such an extent after completion of the test that, because of sharp edges or other protrusions, the part is capable of causing injury.

Rearward-facing wheelchairs

4. (1) Any wheelchair space fitted to a regulated public service vehicle shall comply with the following requirements:

(a) A wheelchair space shall not be less than-

(i) 1300mm measured in the longitudinal plane of the vehicle;

(ii) 750mm measured in the transverse plane of the vehicle; and,

(iii) 1500mm measured vertically from any part of the floor of the wheelchair space.

(b) A wheelchair space shall allow the carriage of a wheelchair and a wheelchair user seated in the wheelchair and facing the rear of the vehicle;

(c) A wheelchair space shall be fitted with a backrest which shall-

(i) Be fitted to the front end of the wheelchair space;

(ii) Be positioned centrally with respect to the front end of the wheelchair space; and,

(iii) Be fitted with a padded surface facing the rear of the vehicle.

(d) A wheelchair space shall be fitted with a horizontal handrail which shall-

(i) Be fitted along not less than one of the longitudinal sides of the wheelchair space;

(ii) Be at a height of not less than 850mm and not more than 1000mm measured vertically from the floor of the wheelchair space;

(iii) Run continuously from a point not more than 300mm to the rear of the front end of the wheelchair space measured horizontally to a point not less than 1000mm

to the rear of the front end of the wheelchair space measured horizontally;

(iv) Not extend into the wheelchair space by more than 90mm measured horizontally from the edge of the wheelchair space;

(v) Be capable of being easily and firmly gripped by a wheelchair user;

(vi) Have a circular cross section with a diameter of not less than 30mm and not more than 35mm;

(vii) Have clear space of not less than 45mm between any part of the vehicle and all parts of a handrail other than its mountings;

(viii) Have a slip-resistant surface; and,

(ix) Contrast with the parts of the vehicle adjacent to the handrail.

(2) Any backrest fitted to a wheelchair space in accordance with sub-paragraph (1)(c) shall comply with the following requirements:

(a) The bottom edge of a backrest shall be at a height of not less than 350mm and not more than 480mm measured vertically from the floor of the wheelchair space;

(b) The top edge of a backrest shall be at a height of not less than 1300mm measured vertically from the floor of the wheelchair space;

(c) A backrest shall have a width of-

(i) Not less than 270mm and not more than 420mm up to a height of 830mm measured vertically from the floor of the wheelchair space; and,

(ii) Not less than 270mm and not more than 300mm at heights exceeding 830mm measured vertically from the floor of the wheelchair space.

(d) A backrest shall be fitted at an angle of not less than 4º and not more than 8º to the vertical with the bottom edge of the backrest positioned closer to the rear of the vehicle than the top edge;

(e) The padded surface of a backrest shall form a single and continuous plane;

(f) The padded surface of a backrest shall pass through any point on an imaginary vertical plane situated to the rear of the front end of the wheelchair space and situated not less than

100mm and not more than 120mm from the front end of the wheelchair space measured horizontally and not less than 830mm and not more than 870mm from the floor of the

wheelchair space measured vertically; and,

(g) A backrest shall be capable of bearing a load of 2000N applied for a minimum of 2 seconds by means of a block 200mm x 200mm square in the longitudinal plane of the

vehicle towards the front of the vehicle to the centre of the padded surface of the backrest at a height of not less than 600mm and not more than 800mm measured vertically from

the floor of the wheelchair space. The backrest shall not deflect more than 100mm or suffer permanent deformation or damage.

(3) In the lateral plane of the wheelchair space, a clear space of not less than 750mm shall be maintained and, in order to restrict the lateral movement of a reference wheelchair, there shall be a distance not greater than 900mm (measured in the lateral plane of the wheelchair space) between any two of the following adjacent means of support fitted on each side of the wheelchair space:

(a) a vertical stanchion situated to the rear of the front end of the wheelchair space and running continuously from the floor of the wheelchair space to a height of not less than

1500mm, which shall comply with the following requirements-

(i) The base of the stanchion shall be not less than 400mm and not more than 560mm from the front end of the wheelchair space measured horizontally; and,

(ii) at heights exceeding 775mm measured vertically from the floor of the wheelchair space, the stanchion shall be not less than 540mm and not more than 560mm from

the front end of the wheelchair space measured horizontally.

- or

(b) A retractable rail extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space; or,

(c) A partition extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space; or,

(d) The side wall, or equipment fitted to the side wall, of the vehicle extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point

not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from

the floor of the wheelchair space.

(4) Any stanchion, retractable rail, partition, or side wall (in this sub-paragraph referred to as “the device”) fitted to a regulated public service vehicle in accordance with sub-paragraph (3) shall be capable of bearing a load of 1000N applied for a minimum of 2 seconds by means of a block 200mm x 200mm in the transverse plane of the wheelchair space and applied to the centre of the device at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space. The device should not deflect more than 50mm or suffer permanent deformation or damage.

(5) One or more seats which are capable of being tipped, folded or otherwise moved may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7 provided that the seat is capable of being easily moved out of the volume or out of the gangway.

(6) The clear space in front of any seat may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7.

(7) There shall be a sign on or near a seat specified in sub-paragraphs (5) and (6) stating the following “Please give up this seat for a wheelchair user” or stating words of equivalent meaning.

(8) In this paragraph, the phrase “front end of a wheelchair space” means the end of a wheelchair space that is closer to the front of the regulated public service vehicle to which the wheelchair space is fitted.

Boarding lifts and ramps

5. (1) A regulated public service vehicle shall be fitted with not less than one boarding lift or one boarding ramp or shall carry not less than one portable ramp.

(2) Any boarding lift or boarding ramp fitted in accordance with sub-paragraph (1) shall:

(a) Have a safe working load of not less than 300kg;

(b) When subject to a uniformly distributed mass equal to 125 per cent of the safe working load for a period of not less than 10 seconds, not suffer any permanent deformation or damage when the load is removed;

(c) Have its maximum safe working load marked in a position which is clearly visible to the operator of the lift or ramp; and,

(d) Not allow the vehicle in the normal course to be driven away unless the lift or ramp is at its normal position of vehicle travel.

(3) Any boarding ramp fitted to a regulated public service vehicle shall (subject to (d) below) comply with the following requirements:

(a) A boarding ramp shall have a surface of not less than 800mm in width;

(b) No part of the surface in sub-paragraph (3)(a), and no part of the vehicle, shall present an obstruction greater than 15mm in height measured along a plane parallel to, and above, the surface of the ramp, and in the direction of travel of a reference wheelchair when moved into or from the vehicle;

(c) With the vehicle on a flat surface, in the normal condition for a wheelchair user to board or alight, and with the boarding ramp extended and sitting on a kerb of 125mm in height measured vertically from and parallel to the ground, the surface of a boarding ramp shall have a slope measured over the surface referred to in sub-paragraph (3)(a) of not more than [8º] measured relative to the ground;

(d) Notwithstanding (c) above, a boarding ramp may have-

(i) At the intersection of the surface of the kerb and the surface of the ramp described above, a slope not exceeding 15º relative to the ground over a distance of not more than 150mm (measured along the surface of the ramp and parallel to the direction of travel of a reference wheelchair when it is moved from the kerb and onto the ramp surface); and,

(ii) At any other point a slope not exceeding 15º relative to the ground over a distance of not more than 150mm (measured along the surface of the ramp and parallel to the direction of travel of a reference wheelchair when it is moved into the vehicle) and rising to a height of not more than 15mm (measured above and parallel to the surface of the ramp or its sections).

(e) With the vehicle on a flat surface and in the normal condition for a wheelchair user to board or alight, the boarding ramp shall be capable of being extended to and of sitting on that surface and in this position the surface of a boarding ramp shall have a slope of not more than 20º measured over the surface referred to in sub-paragraph (3)(a);

(f) A boarding ramp shall be free of sharp edges or other protrusions capable of causing injury; and

(g) Around and abutting each of the edges of a boarding ramp there shall be a band of colour of not less than 50mm in width which shall contrast with the remainder of the ramp surface.

(4) Any boarding lift fitted to a regulated public service vehicle shall comply with the following requirements:

(a) A boarding lift platform shall be not less than 750mm in width and not less than 1200mm in length (excluding the device specified in (b) below);

(b)Unless a boarding lift platform is in the lowered position and resting on a surface from which a wheelchair user will board, the following shall apply-

(i) Along any side of the lift platform from which a wheelchair user will move on to, or move from, the lift platform, a device of a height not less than 100mm measured

vertically above the surface of the lift platform shall operate automatically as the lift is raised above the lowered position, except that when in the raised position

for a wheelchair user to move from the lift platform to the floor of the vehicle, the device shall permit unobstructed access to the floor of the vehicle;

(ii) Along any other side, there shall be a device or structure of a height not less than 25mm measured vertically above the surface of the lift platform; and,

(iii) Part of the vehicle structure may fulfil the requirements in (i) or (ii) above throughout the operating range of the lift provided that any gaps in the structure are

unlikely to cause injury while the lift is in motion.

(c) The vertical operating speed of a boarding lift platform shall not exceed 0.15m/s;

(d) With the vehicle on a flat surface and in the normal condition for a wheelchair user to board or alight, the lift shall be capable of being lowered to and of sitting on that surface;

(e) Where the vertical travel of the lift platform exceeds 500mm, at least one side of the lift platform shall be fitted with a handrail where-

(i) In the case of a handrail fitted to the lift platform, a secure horizontal handrail shall be provided at a height of not less than 650mm or more than 1100mm measured

vertically from the surface of the lift platform, or

(ii) In the case of a handrail that does not move with the lift platform, a vertical handrail shall provide a grasping point at the same heights above the lift platform

throughout the range of the vertical travel; and,

(f) Around and abutting each of the edges of a boarding lift there shall be a band of colour of not less than 50mm in width which shall contrast with the remainder of the lift surface.

(5) Any power-operated boarding lift or power-operated boarding ramp fitted to a regulated public service vehicle shall (subject to subparagraphs (6) to (9)):

(a) Be capable of operation-

(i) By means of a control situated in the driver’s cab; or,

(ii) By means of a control situated adjacent to the lift or ramp which shall only be capable of operation by means of a master control situated in the driver’s cab.

(b) Produce an audible signal when in operation;

(c) Be capable of being manually operated, or where the vehicle is fitted with more than one lift or ramp, not less than one lift or ramp capable of being manually operated shall be

accessible to each wheelchair user;

(d) Not be capable of operation when the vehicle is in motion;

(e) Be fitted with a safety device which stops the movement of the ramp if the ramp is subject to a reactive force not exceeding 150N in any direction and if that motion could cause injury to a passenger; and,

(f) Be fitted with sensors capable of stopping the movement of the lift platform if it comes into contact with anything or person whilst it is in motion and, once stopped, the lift platform

must be capable of being reversed.

(6) Sub-paragraph (5)(f) shall not apply to a power-operated boarding lift which can only be operated by a control fitted in accordance with sub-paragraph (5)(a)(ii).

(7) As an alternative to the requirement in sub-paragraph (5)(c), a regulated public service vehicle may carry a portable ramp.

(8) This sub-paragraph applies where:

(a) A power-operated boarding lift is fitted to a regulated public service vehicle; and,

(b) There are areas of that lift which are not visible to a person operating the lift.

(9) Where sub-paragraph (8) applies:

(a) The lift shall be fitted with a stop control which is within easy reach of any user of the lift and which is operable with the palm of the hand; and,

(b) Where the stop control is activated, the lift, once stopped, shall be capable of being reversed.

(10) Where a portable ramp is carried in a regulated public service vehicle the ramp shall:

(a) Not easily be moved when it is in the normal position for a wheelchair user to board or alight from the vehicle and it is being so used;

(b) Be provided with a stowage position in a position where it is readily available for use;

(c) Be capable of being securely stowed in the stowing position so as to minimise the risk of injury to the passengers, the driver and any other crew members; and,

(d) Comply with the requirements in sub-paragraph (2)(a), (b) and (c) and (3) as if references to “boarding ramp” were references to “portable ramp”.

(11) In this paragraph “master control” means a control which enables another control to activate the relevant system, but which is not itself alone capable of activating that system.

Entrances and exits

6. (1) Any entrance or exit which is intended to provide access for a wheelchair user shall have a clear unobstructed width of not less than 800mm.

(2) Subject to sub-paragraph (3), where an entrance or exit which is intended to provide access for a wheelchair user is fitted with a power-operated boarding lift or a power-operated boarding ramp which is not within the direct field of vision of the driver:

(a) The entrance or exit shall be fitted with an optical device; and,

(b) The optical device shall enable the driver to have a clear unobstructed view of the inside and outside of the door area and of the operation of the lift or ramp.

(3) Sub-paragraph (2) shall not apply to a power-operated boarding lift or a power-operated ramp which can only be operated by a control fitted in accordance with paragraph 5(5)(a)(ii).

Gangways

7. Any gangway between a wheelchair space and an entrance or exit intended to provide access for a wheelchair user:

(a) Shall allow a reference wheelchair to be moved from an entrance to the wheelchair space and from the wheelchair space to an exit, with the wheelchair user moving in a forward

facing direction, and to be moved (in either direction) from the gangway into the wheelchair space in the appropriate direction for travel;

(b) Shall not be less than 750mm wide at any point along the gangway; and,

(c) Where a vehicle is fitted with more than one wheelchair space, the requirement in (a) above shall be met with any other wheelchair space occupied with a reference wheelchair.

Signs and markings

8. (1) A regulated public service vehicle shall have a sign conforming with diagram B in Part II of this Schedule, or a sign of equivalent meaning conforming to the dimensions in that diagram, which is:

(a) Coloured white on a blue background;

(b) Of dimensions of not less than 150mm by 150mm when fitted externally or of not less than 60mm by 60mm when fitted internally; and,

(c) Situated-

(i) On the exterior of the vehicle and adjacent to any entrance for a wheelchair user;

(ii) On the interior of the vehicle and adjacent to any exit for a wheelchair user; and,

(iii) Adjacent to any wheelchair space, and in a position clearly visible to a wheelchair user.

(2) There shall be situated adjacent to a wheelchair space and in a position clearly visible to a wheelchair user:

(a) A sign indicating the direction that the wheelchair and the wheelchair user shall face during travel; and,

(b) Appropriate safety instructions explaining the use of the wheelchair space.

(3) Where a regulated public service vehicle is fitted with a wheelchair space for a forward facing wheelchair in accordance with the requirements of paragraph 3, instructions on the use of the wheelchair restraint system and wheelchair user restraint shall be situated in a position readily visible to any person using the system.

Communication devices

9. (1) A communication device shall be fitted to a regulated public

service vehicle in the following positions:

(a) Adjacent to a wheelchair space and in a position readily useable by any person who is using the wheelchair space; and,

(b) On the exterior of the vehicle adjacent to any entrance for wheelchair access which is outside the direct view of the driver, except where that entrance is in the rear of the vehicle in which case the device shall be fitted on the rearmost part of the side face of the vehicle from which passengers will board the vehicle and at a height of not less than 850mm and not more than 1000mm measured vertically from the ground (with the vehicle at its minimum height if

it is fitted with a kneeling system) to the centre of the device.

(2) Unless sub-paragraph (3) applies, any communication device fitted in accordance with sub-paragraph (1) shall comply with the following requirements:

(a) A communication device shall be operable by the palm of the hand;

(b) The surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and,

(c) When operated, a communication device shall activate an audible signal which enables the driver to identify that a device fitted in accordance with sub-paragraph (1) has been activated, and where fitted in accordance with sub-paragraph (1)(a), after activating an audible signal may (on being operated subsequently) provide a visual signal which is visible to the driver until the opening of at least one of the exits.

(3) Where a regulated public service vehicle is required to comply with Chapter II, any communication device fitted in accordance with sub-paragraph (1)(a) shall comply with the following requirements:

(a) A communication device shall be operable by the palm of the hand;

(b) The surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and,

(c) When operated, a communication device-

(i) After activating an audible signal to the driver which enables the driver to identify that a device fitted in accordance with sub-paragraph (1)(a) or (b) has been

activated, may (on being operated subsequently) provide a visual signal to the driver until the opening of at least one of the exits;

(ii) Shall activate an audible signal which is audible in the passenger area; and,

(iii) Shall activate at least one illuminated stopping sign on each deck of the vehicle or, in the case of an articulated vehicle, on each section of that vehicle, which is or

would be within the field of vision of the passengers seated on a majority of the seats on that deck or in that section.

(4) An illuminated stopping sign:

(a) Shall not use only capital letters; and,

(b) Shall display illuminated the word “stopping” or a word or words to that effect immediately a communication device is activated and until at least one of the exits is open.

Lighting

10. (1) Lighting shall be fitted to illuminate the interior and exterior of a regulated public service vehicle sufficient to allow a wheelchair user to board and alight from the vehicle in safety.

(2) Any lighting fitted to a regulated public service vehicle in accordance with sub-paragraph (1) shall have a means of preventing its operation when the vehicle is in motion if its use is likely to affect

adversely the driver’s vision.

Diagram A - Wheelchair Dimensions

Diagram B - Wheelchair Sign

CHAPTER II

GENERAL ACCESSIBILITY REQUIREMENTS FOR SINGLEDECK AND DOUBLE-DECK BUSES (Class I)

Definitions

1. In this Schedule:

“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated public service vehicle or its equipment which is required by these Regulations to contrast;

“cushion” means that part of a seat on which a person using the seat sits, whether padded or not;

“deep” in relation to a step, means the distance from the outer edge of the nosing of the step tread to the riser of the step tread;

“doorway area” means that area which is within one metre of any entrance or exit measured horizontally from any point along the external edge of the door aperture;

“exit” means an exit from a regulated public service vehicle but does not include an exit which is provided for use only in case of emergency;

“external step” means the last step or platform from an entrance or an exit which leads directly from the vehicle to the ground;

“gangway” means the space provided for obtaining access from any entrance to the passengers’ seats or from any such seat to an exit other than an emergency exit, but does not include a staircase or any space in front of a seat or row of seats which is required only for the use of passengers occupying the seat or row of seats;

“km/h” means kilometre(s) per hour;

“kneeling system” means a system which enables the bodywork of a regulated public service vehicle to be lowered relative to its normal height of travel;

“mm” means millimetre(s);

“N” means newton(s);

“normal height of travel” means the height specified by the vehicle’s manufacturer for normal vehicle travel;

“priority entrance” means an entrance (not being an entrance fitted to the off-side of the vehicle) providing access to the priority floor area in accordance with paragraph 2(2)(b);

“priority exit” means an exit (not being an exit fitted to the off-side of the vehicle) providing access from the priority floor area in accordance with paragraph 2(2)(b);

“priority floor area” means a single continuous area of floor space comprising not less than 35% of the total floor area of a regulated public service vehicle;

“priority seat” means a seat designated as such in accordance with paragraph 3;

“seat” means a seat intended for use by passengers and, accordingly, does not include the driver’s seat or any other seat intended for use solely by a crew member; and

“total floor area” means the total floor area of a regulated [public] service vehicle, or in the case of a double-deck bus the total floor area of the vehicle’s lower deck, excluding the driver’s cab, wheel boxes, stepwells, internal staircases and any space designated for the storage

of luggage.

Floor and gangways

2. (1) All floors within the total floor area of a regulated public service vehicle shall be slip-resistant.

(2) A regulated public service vehicle shall contain a priority floor area which shall:

(a) Not contain steps;

(b) Provide access to at least one priority entrance to, and one priority exit from, the vehicle or access to steps which lead to such entrances and exits;

(c) Contain all priority seats specified in paragraph 3; and,

(d) Have a slope of not more than 3º in any direction, or not more than 5º in any direction within the doorway area, when the vehicle is unladen standing on a level surface and in its

normal condition of travel.

(3) Any gangway within the priority floor area of a regulated public service vehicle shall have a width of:

(a) Not less than 450mm up to a height of 1400mm measured vertically from the floor of the vehicle; and,

(b) Not less than 550mm at heights exceeding 1400mm measured vertically from the floor of the vehicle.

Priority seats

3. (1) A regulated public service vehicle shall have not less than 4 seats designated by signs complying with sub-paragraph (3) as priority seats for use by disabled persons.

(2) Any priority seat fitted to a regulated public service vehicle and designated in accordance with sub-paragraph (1) shall comply with the following requirements:

(a) A priority seat shall not be a seat which is capable of being tipped, folded or otherwise moved;

(b) A priority seat shall face only the front or the rear of the vehicle;

(c) A priority seat shall not be a seat to which the provisions of paragraphs 3(2) and (3) or 4(5) and (6) of Schedule 1 apply;

(d) A priority seat shall be as close as practicable to a priority entrance;

(e) There shall be adequate space under or adjacent to at least one priority seat for the comfortable accommodation of a dog trained to assist a disabled person;

(f) Any armrest fitted to a priority seat shall be moveable to the extent required to permit unrestricted access by a disabled person to that seat or to any other priority seat to which

access may be gained past the seat;

(g) A cushion of a priority seat shall have a width of not less than 440mm measured at the widest point across the surface of the cushion, such distance being equally spaced either side of the centreline of the seating position;

(h) The top surface of a cushion of a priority seat shall be at a height of not less than 400mm and not more than 500mm above the floor of the vehicle measured from the front edge

of the seat and along an imaginary line passing vertically from the centreline of the seating position to the floor;

(i) Where a priority seat faces the same direction as a seat situated directly in front of the priority seat-

(i) the distance between the front surface of the back of the priority seat and the back surface of the back of the seat in front (measured along an imaginary horizontal line passing along the top surface of the cushion of the priority seat and through the centreline of the seating position of the priority seat) shall not be less than 650mm; and,

(ii) Where the back of either seat is adjustable, this measurement shall be made with the seat or seats in the manufacturer’s nominal position for normal use;

(j) Where a priority seat faces any other seat-

(i) The distance between the front surface of the back of the priority seat and the front surface of the back of the facing seat (measured along an imaginary horizontal line passing along the top surface of the cushion of the priority seat and through the centreline of the seating position of the priority seat) shall not be less than 1300mm,;and,

(ii) Where the back of either seat is adjustable, this measurement shall be made with the seat or seats in the manufacturer’s nominal position for normal use.

(k) There shall be-

(i) Not less than 1300mm of clear space above any point along the front edge of the top surface of a cushion of a priority seat measured vertically from the top surface

of the cushion;

(ii) Not less than 900mm of clear space above any point along the rear edge of the top surface of a cushion of a priority seat measured vertically from the top surface of

the cushion; and,

(iii) Clear space between any point on the top surface of a cushion of a priority seat and an imaginary plane connecting the maximum height of clear space specified in

(i) above to the maximum height of clear space specified in (ii) above.

(l) Where a priority seat faces the same direction as a seat situated directly in front of the priority seat or if the priority seat faces a bulkhead or a partition, there shall be-

(i) Above an imaginary horizontal plane passing along the top surface of a cushion of a priority seat and situated in front of the front edge of the cushion, a volume of

clear space of not less than 230mm measured in the longitudinal plane of the priority seat, of not less than 420mm measured in the transverse plane of the priority

seat (such distance being equally spaced either side of the centreline of the seating position) and of a height not less than the height of the back of the priority seat;

(ii) Below an imaginary horizontal plane passing along the top surface of a cushion of a priority seat and situated in front of the front edge of the cushion, a volume of

clear space of not less than 230mm measured in the longitudinal plane of the priority seat, of not less than 300mm measured in the transverse plane of the priority

seat (such distance being equally spaced either side of the centreline of the seating position) and of a height not less than the height of the priority seat cushion; and,

(iii) Where a priority seat is situated facing a bulkhead or a partition which is more than 1200mm in height measured vertically from the floor of the vehicle, the

distances measured in the longitudinal plane of the priority seat referred to in (i) and (ii) above shall not be less than 300mm.

(3) There shall be a sign on or near a priority seat indicating that disabled persons have priority for the use of that seat.

(4) In sub-paragraph (2) the phrase “manufacturer’s nominal position for normal use” means the position of an adjustable seat which the manufacturer of the seat recommends, or has nominated, as being the normal position for using that seat.

Steps

4. (1) Steps for use by passengers on a regulated public service vehicle shall (subject to sub-paragraph (6)) comply with the following requirements:

(a) The surface of each tread shall be covered in a slip-resistant material;

(b) Step nosings shall be designed to minimise the risk of tripping;

(c) Across the front edge of each tread there shall be a band of colour not less than 45mm and not more than 50mm in width, which shall contrast with the remainder of the tread;

(d) The rear of a step shall be closed by a vertical riser between the rear of the tread and either the front edge of the tread above or the floor of the vehicle above;

(e) Any step, other than an external step or a step to a seat fitted to any part of a wheel arch or a step in (f) below, shall-

(i) Not be less than 120mm and not more than 200mm in height; and,

(ii) The surface of the tread shall not be less than 300mm deep and not less than 400mm wide.

(f) Any steps between a gangway and a passenger seat or a row of passenger seats, other than a step to any seat fitted to any part of a wheel arch, shall not be more than 250mm in

height; and,

(g) In a flight of steps, the difference in height between any two steps shall not be more than 10mm.

(2) The height of a step in sub-paragraph (1) shall be measured vertically from the surface of the tread, and at the centre of the tread width, to an imaginary line extended horizontally from the surface of the next tread or floor of the vehicle.

(3) An external step, leading from not less than one priority entrance and to not less than one priority exit, shall:

(a) Not be more than 250mm in height measured-

(i) From the surface of the tread of the external step to the ground;

(ii) If the vehicle is fitted with a kneeling system, with the regulated public service vehicle at its minimum height; and,

(iii) At the centre of the tread width.

- And,

(b) not be less than 300mm deep.

(4) A regulated public service vehicle shall not be fitted with a step which can project beyond the side of the vehicle adjacent to the step unless:

(a) The step is protected by parts of the vehicle or otherwise so that it is not liable to injure pedestrians; or,

(b) The step can fold or retract so that it does not project beyond the side face of the vehicle and the vehicle is not capable in the normal course of being driven away unless the step is so

folded or retracted.

(5) Where a regulated public service vehicle is fitted with a power-operated step, that step shall:

(a) Not be capable of operation whilst the vehicle is in motion; and,

(b) Be fitted with a safety device which stops the motion of the step if the step is subject to a reactive force not exceeding 150N in any direction and if that motion could cause injury

to a passenger.

(6) Sub-paragraphs (1)(d), (e) and (g) shall not apply to those steps in a double-deck bus which lead from the lower deck to the upper deck.

Handrails and handholds

5. (1) A handrail shall (subject to sub-paragraph (2)) be fitted in the following positions in a regulated public service vehicle:

(a) Along one or both sides of a gangway-

(i) From a position level with the top of the back of a seat extending to the ceiling of the vehicle, or to a height of not less than 1500mm measured vertically from the floor

of the vehicle, at intervals of not more than 1050mm measured in the longitudinal direction of the vehicle; or,

(ii) In areas where there are no seats adjacent to a gangway, [from the floor or, where there is a wheel arch or similar structure, from the lowest height which is practicable to, in either case, the ceiling, or] a height of not less than 1500mm measured vertically from the floor of the vehicle, at intervals of not more than 1050mm measured in the longitudinal direction of the vehicle; and,

(iii) Where the gangway is adjacent to the internal walls of the vehicle, horizontally along the internal wall of the vehicle and parallel to those walls at a height of not

less than 1200mm and not more than 1500mm measured vertically from the floor of the vehicle.

(b) In any area where passengers may stand other than a gangway-

(i) Where the area is adjacent to the internal walls of the vehicle, horizontally along the internal walls of the vehicle and parallel to those walls at a height of not less than 1200mm and not more than 1500mm measured vertically from the floor of the vehicle; and.

(ii) In any other area, from the floor to the ceiling, or to a height of not less than 1500mm measured vertically from the floor of the vehicle, at intervals of not more than 1050mm measured in the longitudinal direction of the vehicle.

(c) From the doorway area immediately adjacent to a priority entrance to not less than one of the priority seats at a height of not less than 800mm and not more than 900mm measured

vertically from the floor of the vehicle or, where it is not practical to comply with those requirements, the handrail need not be continuous provided any gap does not exceed 1050mm and a vertical handrail is provided on at least one side of the gap extending from a height of at least 1200mm to a height of not less than 1500mm measured vertically from the floor of the vehicle; and,

(d) On both sides of the interior of an entrance or exit-

(i) In the case of any external step in the vehicle entrance which is fixed, not more than 400mm measured from the outer edge of the step nosing and at a height of not less than 800mm and not more than 1100mm measured vertically from the ground, with the vehicle at its minimum height if the vehicle is fitted with a kneeling system;

(ii) In the case of an external step in the vehicle entrance which is not fixed, on both sides of the interior of an entrance or exit not more than 100mm from the outer edge of the step nosing of the lowest fixed step in the vehicle entrance and at a height of not less than 800mm and not more than 1100mm measured as mentioned in (i) above; and,

(iii) In the case of any other steps leading into a vehicle, for the position appropriate to a particular step, at not more than 600mm measured horizontally and inwards from the outer edge of the step nosing of the tread of a step or the floor of the vehicle and at a height of not less than 800mm and not more than 1100mm measured vertically from the surface of the tread of the step.

(2) Where:

(a) It is necessary to provide access to and into a wheelchair space; and,

(b) It is not possible to comply with the requirements of subparagraph (1)(b) or (1)(c),

a horizontal handrail or, at intervals of not more than 300mm, a series of handholds shall be provided across the gap.

(3) Any handrail in a regulated public service vehicle that is fitted in order to comply with this paragraph shall comply with the following requirements:

(a) Have a circular cross section with a diameter of not less than 30mm and not more than 35mm, or when fitted at either side of an entrance or exit, an oval cross section the maximum section of which is not more than 35mm and not less than 30mm, and the minimum section of which is not less than 20mm;

(b) Not be less than 800mm or more than 1900mm above the floor of the vehicle;

(c) Have a clear space of not less than 45mm between any part of the vehicle and all parts of a handrail other than its mountings;

(d) Have a slip-resistant surface;

(e) Be capable of being easily and firmly gripped by a passenger; and,

(f) Contrast with the parts of the vehicle adjacent to the handrail.

(4) Any handhold in a regulated public service vehicle that is fitted in order to comply with this paragraph shall comply with the following requirements:

(a) Not be less than 800mm or more than 1900mm above the floor of the vehicle;

(b) Have a clear space of not less than 45mm between any part of the vehicle and all parts of a handhold other than its mountings;

(c) Have a loop shape, or some other form, designed to prevent a hand from slipping from the handhold;

(d) Have a slip-resistant surface;

(e) Be capable of being easily and firmly gripped by a passenger; and,

(f) Contrast with the parts of the vehicle adjacent to the handhold.

(5) A handhold may be placed within the space of a gangway provided:

(a) It is unlikely to cause injury; and,

(b) It is easily moveable to the extent required to permit unrestricted access by a disabled person to a priority seat or to the gangway.

Communication devices

6. (1) A communication device shall be fitted in the following positions

in a regulated public service vehicle:

(a) Within reach of each person seated in a priority seat;

(b) Adjacent to not less than every third row of seats; and

(c) At a height of-

(i) not more than 1200mm if the communication device is for the use of seated passengers; or,

(ii) not more than 1500mm if the communication device is for the use of other passengers, measured vertically from the floor of the vehicle to the centre of the

device.

(2) Any communication device shall comply with the following requirements:

(a) A communication device shall be operable by the palm of the hand;

(b) The surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and,

(c) When operated, a communication device shall-

(i) Provide a signal to the driver of the vehicle to stop the vehicle;

(ii) Activate an audible signal which is audible in the passenger areas; and,

(iii) Activate at least one illuminated stopping sign on each deck of the vehicle or, in the case of an articulated vehicle, on each section of that vehicle, which is, or would be, within the field of vision of the passengers seated on a majority of the seats on that deck or in that section; and,

(3) An illuminated stopping sign:

(a) Shall not use only capital letters; and,

(b) Shall display illuminated the word “stopping” or a word or words to that effect immediately a communication device is activated and until at least one of the exits is open.

Kneeling Systems

7. (1) Where a regulated public service vehicle is fitted with a kneeling system, the vehicle and system shall comply with the following requirements:

(a) A switch shall be required to be used to enable operation of the system;

(b) Any control which initiates the lowering or raising of any part or the whole of the body relative to the road surface must be clearly identified and under the direct control of the

driver of the vehicle;

(c) The lowering process shall be capable of being stopped and immediately reversed by a control which is both-

(i) Within reach of the driver whilst seated in the cab; and,

(ii) Adjacent to any controls provided for the operation of the kneeling system.

- And

(d) the kneeling system shall not-

(i) Allow the vehicle to be driven at a speed of more than 5km/h where the vehicle is lower than the normal height of travel; or,

(ii) Allow the vehicle to be lowered when the operation of an entrance or exit door (other than an emergency door) is prevented for any reason.

(2) In this paragraph “emergency door” means an external door which is generally intended for use only in an emergency.

CHAPTER III

ROUTE AND DESTINATION DISPLAYS

1. In this section:

“character” means capital letters or numbers of a specified height and lower-case letters of a size relative to that of a capital letter for a given typeface;

“destination” means a word or words to describe the route or final destination; and

“route number” means any combination of numbers or letters which designate a bus or coach route.

2. (1) A regulated public service vehicle shall be fitted with a route number display and a destination display in the following positions:

(a) On the front of the vehicle, as close as practicable to the part of the windscreen which is within the driver’s field of vision; and,

(b) On the near-side of the vehicle adjacent to the entrance which is closest to the front of the vehicle at a height of not less than 1.2 metres to the lower edge of the display characters and not more than 2.5 metres to the upper edge of the display characters measured from the ground and, if fitted with a kneeling system, with the vehicle in the normal condition for vehicle travel.

(2) A regulated public service vehicle shall be fitted with a route number display on the rear of the vehicle.

(3) Any route number display shall be capable of displaying:

(a) Characters of not less than 200mm in height on the front and rear of the vehicle and not less than 70mm in height on the side of the vehicle;

(b) Characters that contrast with the display background;

(c) Characters that are provided with a means of illumination; and,

(d) Not less than three characters.

(4) Any destination display shall be capable of displaying:

(a) Characters of not less than 125mm in height when fitted to the front of a vehicle and not less than 70mm in height when fitted to the side of a vehicle;

(b) Characters that contrast with the display background;