Citation, commencement and introduction

1.-(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1987.

(2) These Regulations shall come into force for the purposes of regulation 13 on 1st April 1988 and for all other purposes on 6th May 1987.

2.  The Road Vehicles (Construction and Use) Regulations 1986(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendments relating to Ministry plates

3.  In the Table in regulation 3(2), in the definition of "Ministry plate" for the words ", the said particulars being those shown in the plating certificate for the vehicle" there shall be substituted the words "or Schedule 10A".

4.  After Schedule 10 there shall be inserted as Schedule 10A the schedule set out in the Schedule to these Regulations.

Amendments relating to semi-trailers with driven wheels

5.  In regulation 3(2), to the meaning of the expression "semi-trailer" specified in column 2 of the Table there shall be added the following words–

"including (without prejudice to the generality of that) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle".

6.  In regulation 51, the following new paragraph shall be inserted after paragraph (2)–

"(2A) This regulation also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is a semi-trailer some or all of the wheels of which are driven by the drawing vehicle.".

Amendments relating to braking systems

7.  In regulation 15–

(a)in paragraph (1), after the words "paragraphs (2), (3)" there shall be inserted the words "except sub-paragraph (b)(ii)";

(b)after paragraph (1) there shall be inserted the following new paragraphs–

"(1A) Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which is first used on or after the relevant date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1989 to comply with the said requirements instead of complying with regulations 15(1), 16 and 17.

(1B) In paragraph (1A), the relevant date in relation to a vehicle in category M1, M2 or N1 is 1st April 1990, and in relation to a vehicle in any other category is 1st April 1989.";

(c)in paragraph (2), for the words "paragraph (1)" there shall be substituted the words "paragraphs (1) and (1A)";

(d)in paragraph (3)–

(i)for the words "paragraph (1)" there shall be substituted the words "paragraphs (1) and (1A)";

(ii)in sub-paragraph (a), for the words "the said Community Directive" there shall be substituted the words "Community Directive 79/489";

(iii)for sub-paragraph (b) there shall be substituted the following new sub-paragraph–

"(b)in items 2 and 3–

(i)the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489; and

(ii)sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647,

shall not apply;"; and

(iv)in sub-paragraphs (c) and (d), for the words "the said Community Directive" there shall be substituted the words "Community Directive 79/489";

(e)after paragraph (3) there shall be inserted the following new paragraph–

"(3A) The requirements specified in paragraph (1A) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.";

(f)in paragraph (4), for the words "the preceding provisions" there shall be substituted the words "paragraph (1)"; and

(g)after paragraph (4) there shall be inserted the following new paragraphs–

"(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with Community Directive 85/647 or ECE Regulation 13.05.

(6) In paragraph (3A) the expression "road tanker" means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3mu23 carried on a vehicle.

(7) In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, the definitions of "semi-trailer", "full trailer" and "centre-axle trailer" set out in that Directive shall apply and the meaning of "semi-trailer" in column 2 of the Table in regulation 3(2) shall not apply.".

8.  In paragraph (2) of regulation 16–

(a)after the words "regulation 15(1)" there shall be inserted the words "or (1A)"; and

(b)after the words "Community Directive 79/489" there shall be inserted the words "or 85/647".

9.  In sub-paragraph (a) of paragraph (2) of regulation 17–

(a)after the words "a vehicle to which" there shall be inserted the words "paragraph (1) or (1A) of"; and

(b)after the words "Community Directive 79/489" there shall be inserted the words "or 85/647".

10.  In regulation 18–

(a)in Table I, in column 2 for item 1, after the words "Community Directive 79/489" there shall be inserted the words "or 85/647"; and

(b)in paragraph (8), after the words "Community Directive 79/489" there shall be inserted the words "or 85/647".

11.  In Table I in Schedule 2, the following new entries shall be made–

(a)in column 1, the figure "50";

(b)in column 2, the figures "85/647";

(c)in column 3(a), the date "23.12.85";

(d)in column 3(b), the reference "L380, 31.12.85, p.1";

(e)in column 3(c), the words "The braking devices of certain motor vehicles and their trailers"; and

(f)in column 3(d), the words "71/320 as amended by 74/132, 75/524 and 79/489".

12.  In Schedule 3, after the words "Community Directive 79/489" in both places where they occur there shall be inserted the words "or 85/647".

Amendments relating to maximum weights

13.-(1) In Part I of the Table in regulation 78(1), in sub-paragraph (a) of column 2 for item 1 for the words "and the relevant train weight shown on the plate of that vehicle exceeds 32,520 kg" there shall be substituted the words "not being a bus".

(2) In Schedule 11–

(a)in Part I, in column 3 for item 4 after the words "regulation 78(5)" there shall be added the words "or a goods vehicle"; and

(b)in Part II, in column 5 for item 3 the words in brackets shall be omitted.

Amendment relating to trailers drawn by steam powered vehicles

14.  In regulation 83, the following new paragraph shall be added at the end–

"(4) For the purpose of this regulation, the word "trailer" does not include a vehicle which is drawn by a steam powered vehicle and which is used solely for carrying water for the purpose of the drawing vehicle.".

Miscellaneous amendments

15.-(1) In regulation 31, for paragraph (4) there shall be substituted the following new paragraph–

"(4) In this regulation and in regulation 32–

"caravan" means a trailer which is constructed (and not merely adapted) for human habitation; and

"safety glass" means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.".

(2) In paragraph (13) of regulation 32, the definitions of "caravan" and "safety glass" shall be omitted.

(3) In sub-paragraph (c) of paragraph (4) of regulation 49, for the words "II.5.4.5.1" where they first appear there shall be substituted the words "II.5.4.1".

(4) In sub-paragraph (b) of paragraph (2) of regulation 87, for the words "regulation 16(3)(b) to (g)" there shall be substituted the words "paragraphs (b) (excluding sub-paragraph (ii)) to (g) of regulation 16(3)".

(5) In sub-paragraph (a) of paragraph (3) of regulation 99, after the words "engineering plant", there shall be inserted the words "a refuse vehicle,".

(6) In paragraph 4 of Schedule 3, for the words "requirements 4 and 9" there shall be substituted the words "requirements 4, 9 and 14".

Regulation 4

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

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

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

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

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

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

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

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

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

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

Finally, regulation 15 effects some minor amendments–

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

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

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

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