Statutory Instruments
2001 No. 3208
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001
Made
20th September 2001
Laid before Parliament
24th September 2001
Coming into force
Regulations 1, 2, 8 and 10
16th October 2001
Regulations 3, 4, 5, 6, 7, 9, 11 and 12
1st May 2002
The Secretary of State for Transport, Local Government and the Regions in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988( 1 ) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—
Citation and commencement
1. —(1) These Regulations may be cited at the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001.
(2) This regulation and regulations 2, 8 and 10 shall come into force on 16 October 2001 and regulations 3, 4, 5, 6, 7, 9, 11 and 12 shall come into force on 1st May 2002.
Preliminary
2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) shall be further amended as follows.
Interpretation
3. —(1) Regulation 3 shall be amended as follows.
(2) The following items shall be added in the appropriate alphabetical order to the Table following regulation 3(2)—
| “ 1 | 2 |
|---|---|
| Expression | Meaning |
| anti-lock braking system (“ ABS ”) | a part of a service braking system which automatically controls the degree of slip, in the direction of rotation of the wheel or wheels, on one or more wheels of the vehicle during braking. |
| ISO | International Organisation for Standardisation. |
| ISO 7638 connector | an electrical connector that complies with standard ISO 7638: 1997–1 or ISO 7638: 1997–2 and is used to provide a dedicated power supply and a communication link between the tow vehicle and trailer. ” |
(3) The definition of “Framework Directive” in the Table following regulation 3(2), for the words “and Commission Directive 93/81( 3 )” substitute “, Commission Directive 4 )”.
Exemptions
4. —(1) In regulation 4 the following items shall be added to the Table after item 8—
| “ 9 | A public works vehicle which has a maximum design weight of 7500kg and is specifically designed for use and used solely for the purpose of street cleansing. | Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC 5 ) and ECE Regulation 13.09 which require the fitting of ABS to goods vehicles over 3500kg in weight. |
| 10 | A vehicle being used by a Police Authority which has been authorised by a Chief Constable to perform accident reconstruction duties. | Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which prohibit the use of an isolation switch for the operation of ABS. ” |
Amendment of regulation 15 (braking systems of certain vehicles first used on or after 1st April 1983)
5. —(1) Regulation 15 shall be amended as follows.
(2) After paragraph (1D) there shall be inserted the following paragraph—
“ (1E) Save as provided in paragraphs (2), (3), (3A), (5A) and (5B) the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st May 2002 or which, in the case of a trailer, is manufactured on or after 1st May 2002 shall comply with the construction, fitting and performance requirements of Annexes I, II and VII to Community Directive 98/12/EC and if relevant, Annexes III , IV , V, VI , VIII , X, XI , XII , XIII and XIV 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, in the case of a motor vehicle, was first used before 1st May 2002 or which, in the case of a trailer, was manufactured before 1st April 2002 to comply with the said requirements instead of complying with paragraphs (1), (1A), (1C) or (1D) or with regulations 16 and 17. ”
(3) In paragraph (2), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
(4) In paragraph (3), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
(5) In paragraph (3)(a), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
(6) In paragraph (3)(a)(ii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.
(7) In paragraph (3)(b)(i), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
(8) In paragraph (3)(b)(iii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
(9) In paragraph (3)(d)(i), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
(10) In paragraph (3A), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
(11) In paragraph (3B), for “paragraph (1D)” there shall be substituted “paragraph (1D) or (1E)”.
(12) In paragraph (3B)(a), after “Directive 91/422” there shall be inserted “or Community Directive 98/12”.
(13) In paragraph (4), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
(14) In paragraph (5), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
(15) In paragraph (5A)(b), after “ECE Regulation 13.06” there shall be inserted “13.07, 13.08 or 13.09”.
(16) After paragraph (5A), there shall be inserted the following paragraph—
“ (5B) Instead of complying with paragraph (1E) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.09. ”
(17) In paragraph (7), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.
(18) After paragraph (7), there shall be inserted the following paragraphs—
“ (8) For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed except that, in the case of a trailer whose manufacture has been completed for more than 8 years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988 ( 6 ) , it shall be taken to be the date on which the notifiable alteration was completed.
(9) A trailer, whose manufacture has been completed for more than eight years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988, shall comply with all requirements of Community Directives relating to braking systems which applied to the trailer at the date when the notifiable alteration was completed. ”
Amendment of regulation 16 (braking systems of vehicles to which regulation 15 does not apply)
6. —(1) Regulation 16 shall be amended as follows.
(2) For paragraph (2) there shall be substituted the following paragraph—
“ (2) Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to regulation 15(1), (1A), (1C), (1D) or (1E), or which complies with Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09. ”
(3) In the table after paragraph (5A) the following entry shall be inserted after item 4—
Vehicles with three wheels (excluding two-wheeled vehicles with a sidecar attached) and with— (a) an engine capacity exceeding 50cc, or (b) a maximum design speed exceeding 50km/h. | L5 ” |
Amendment of regulation 17 (vacuum or pressure brakes warning devices)
7. —(1) Regulation 17 shall be amended as follows.
(2) For paragraph (2)(a) there shall be substituted the following paragraph—
“ (a) a vehicle to which paragraph (1), (1A), (1C), (1D) or (1E) of regulation 15 applies, or which complies with the requirements of that regulation, of Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or of ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09; ” .
Amendment of regulation 17A (couplings on trailer pneumatic braking systems)
8. —(1) Regulation 17A shall be amended as follows.
(2) In paragraph (1), for the definition of “BS coupling” there shall be substituted—
“ “BS coupling” means a coupling which—
is of the type, shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; and
complies with the dimensions shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b:2000; ” .
(3) In paragraph (1), in the definition of “the British Standard specification” after “BS AU 138a: 1980” insert “or BS AU 138b: 2000”.
(4) For paragraph (3)(a) there shall be substituted—
“ (a) is of the type showin in figure 2 of the British Standard specification BS AU 138a:1980 or figure 4 of the British Standard specification BS AU 138b:2000; ” .
(5) For paragraph (4)(a) there shall be substituted—
“ (a) is of the type shown in figure 3 of the British Standard specification BS AU 138a:1980 or figure 5 of the British Standard specification 138b:2000; ” .
(6) For paragraph (5)(a) there shall be substituted—
“ (a) is of the type shown in figure 6 of the British Standard specification BS AU 138a:1980 or figure 6 of the British Standard specification BS AU 138b:2000; ” .
(7) For paragraph (7) there shall be substituted—
“ (7) Paragraph (3) does not prevent a line being equipped with a relevant coupling which fulfils the requirements of—
(a) a standard or code of practice of a national standards body or equivalent body of any EEA State;
(b) any international standard recognised for use as a standard by any EEA State; or
(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with BS couplings of the type shown in figure 1 of the British Standard specification BS AU 138a:1980 or figure 1 of the British Standard specification BS AU 138b:2000 equivalent to that provided by those specifications as modified in accordance with paragraph (6). ”
(8) For paragraph (8) there shall be substituted—
“ (8) Paragraph (7) shall have effect—
(a) in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 4” and “figure 2” respectively; and
(b) in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 5” and “figure 3” respectively. ”
Amendment of regulation 18 (maintenance and efficiency of brakes)
9. —(1) Regulation 18 shall be amended as follows.
(2) After paragraph (1B) the following paragraph shall be inserted—
“ (1C) Where a goods vehicle of category N 2 or N 3 is being used to tow a trailer of category O 3 or O 4 and both vehicles are fitted with an ISO 7638 connector to provide a dedicated power supply to the ABS, then these connectors shall be used regardless of any alternative method available on the vehicles to provide such power. ”
(3) Table I shall be amended as follows—
in item 1 for the words “Community Directives 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted—
“ Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 ” .
(4) Paragraph (8) shall be amended as follows—
for the words “Community Directives 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted—
“ Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09 ” .
Amendment of regulation 61A (emission of smoke, vapour, gases, oily substances etc. —further requirements for certain motor vehicles first used on or after 1st January 2001)
10. In paragraph (4), for the words “Subject to paragraphs (5) to (7) and Schedule 7XA, where” there shall be substituted “Where”.
Amendment of Schedule 2 (Community directives)
11. —(1) Schedule 2 shall be amended as follows.
(2) In Table I, after item 77, there shall be inserted the following item—
| 1 | 2 | 3 | 4 | ||||
|---|---|---|---|---|---|---|---|
| “77A | 98/12 | 27.1.98 | L81,18.3.98, p.1 | The braking devices of certain vehicles and their trailers | 71/320 as amended by 74/132, 75/524, 79/489, 85/647, 88/184, 91/422 and 98/12” | ||
(2) In Table II, after item 4C, there shall be inserted the following items.
| 1 | 2 | 3 | 4 | ||||
|---|---|---|---|---|---|---|---|
| “4D | 13.08 | 13 | 29.5.69 | Brakes | 26.3.95 | — | — |
| 4E | 13.09 | 13 | 29.5.69 | Brakes | 28.8.96 | — | —” |
Amendment of Schedule 3 (braking requirements)
12. —(1) Schedule 3 shall be amended as follows.
(2) In item 4 in the Table, for the words “78/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”.
(3) In item 6 in the Table, for the words “79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
20th September 2001
1988 c. 52 ; section 41 was amended by the Road Traffic Act 1991 (c. 40) , Schedule 4, paragraph 50 and Schedule 8.
S.I. 1986/1078 ; relevant amending instruments are S.I. 1987/676 , 1989/1865 , 1990/1981 , 1992/352 , 1992/2016 , 1995/551 , 1996/2329 , 1996/3033 , 1998/2429 , 2000/3197 and 2001/306 .
O.J. No. L264, 23.10.93, p.49.
O.J. No. L91, 25.03.98, p.1.
“Community Directive” is defined in regulation 3(2) of, and Table I of Schedule 2 to, the Road Vehicles (Construction and Use) Regulations 1986. Table I of Schedule 2 is amended by regulation 11 of these Regulations.
S.I. 1988/1478 to which there are amendments not relevant to regulation 30.