Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 No. 172

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Statutory Rules of Northern Ireland

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2001 No. 172
ROAD TRAFFIC AND VEHICLES
Motor Vehicles (Approval) Regulations (Northern Ireland) 2001

	Made	11th April 2001
	Coming into operation	1st June 2001

ARRANGEMENT OF REGULATIONS

Part I
General

1.	Citation and commencement

2.	Interpretation

Part II
Approval Requirements For Relevant Vehicles

3.	Application of Regulations

4.	Approval requirements for relevant vehicles

Part III
Miscellaneous

5.	Application for Department's approval certificate

6.	Assignment of vehicle identification numbers

Appeals

8.	Form of certificate

9.	Replacement certificates

10.

Notices

11.	Obligatory certificates

12.	Vehicles not to be issued with a licence unless appropriate certificates are in force

SCHEDULES

Schedule 1 vehicles

Approval requirements for relevant vehicles

Approval requirements for relevant vehicles except Schedule 1 vehicles

Form of approval certificate

Community instruments and ECE Regulations

The Department of the Environment, in exercise of the powers conferred on it by Articles 31A(1), 31C(1), 31D(1), (2) and (3), 31E(1) and (4) and 218(1) of the Road Traffic (Northern Ireland) Order 1981[1] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Part I
General
Citation and commencement
1. These Regulations may be cited as the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 and shall come into operation on 1st June 2001.

Interpretation
2. - (1) In these Regulations -

"the 1970 Directive" means Council Directive 70/156/EEC of 6th February 1970 on the approximation of laws of the member States relating to the type approval of motor vehicles and their trailers[

"ambulance", "armoured vehicle", "hearse" and "motor caravan" have the meanings given by paragraph 1 of Schedule 1;

"approval requirements", in relation to a vehicle, means the requirements prescribed by Article 31A of the Order as they apply to that vehicle and which are set out in regulation 4(1);

"axle weight", "gross weight", "kerbside weight", "maximum gross weight", "maximum permitted axle weight" and "wheel" have the meanings given in regulation 2(1) of the Construction and Use Regulations;

"design gross weight" means the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;

"family of types" has the same meaning as in Annex XII to the 1970 Directive;

"kg" means kilograms;

"kph" means kilometres per hour;

"mm" means millimetres;

"mph" means miles per hour;

"the Order" means the Road Traffic (Northern Ireland) Order 1981;

"relevant vehicle" means a vehicle to which these Regulations apply;

"Schedule 1 vehicle" has the meaning given in Schedule 1;

"subject matter" means a subject matter in relation to which approval requirements are specified in Schedule 2 or 3 and "applicable subject matter" in relation to a vehicle means a subject matter as respects which approval requirements are applicable to the vehicle in accordance with these Regulations.

    (2) References to vehicles of categories M1, M2, M3, N1, N2 and N3 are to vehicles of those categories as defined in Annex II.A to the 1970 Directive.

    (3) A reference in any provision of these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in the Motor Vehicles (Approval) (Fees) Regulations (Northern Ireland) 2001[9].

    (4) Paragraphs (7) and (8) of regulation 2 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations (other than item 16 of Schedule 2) as they apply for the purposes of the Construction and Use Regulations (other than regulations 31 and 32).

    (5) For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it is first assembled on or after that date, even if it includes one or more parts which were manufactured before that date.

    (6) Schedule 5 -

Part II
Approval Requirements For Relevant Vehicles
Application of Regulations
3. These Regulations apply to every motor vehicle to which the 1985 Regulations apply.

Approval requirements for relevant vehicles
4. - (1) Subject to the following provisions of this regulation, the following are prescribed under Article 31A of the Order as requirements as to the design, construction, equipment and marking of relevant vehicles -

    (2) Subject to paragraph (3), the requirements of paragraph (1)(b) shall not apply to a relevant vehicle until 1st August 2001.

    (3) Where, in the case of any relevant vehicle which is of category M1 and to which the requirements of paragraph (1)(b) would not otherwise apply, a person making an application in accordance with regulation 5 requests the Department in writing at the time of making the application that the provisions of paragraph (1)(b) be applied for the purposes of the application, those provisions shall so apply.

    (4) The requirements set out or referred to in column 3 of the Tables in Schedules 2 and 3 have effect subject to the exceptions and modifications set out in column 5 of those Tables.

    (5) An entry in column 4 of an item in the Table in Schedules 2 and 3 shall have effect for the purposes of interpreting or otherwise supplementing the entries in that item and, for convenience, expressions that are defined in that column are printed in bold type.

    (6) Where a provision of any Community instrument or ECE Regulation is applied by Schedule 3, that provision as so applied shall (except in so far as the contrary intention appears) have effect in relation to a vehicle to which the 1985 Regulations apply as it has effect in relation to a vehicle of category M1.

    (7) A relevant vehicle shall be regarded as complying with all the requirements prescribed under Article 31A of the Order if at least one of the following three conditions are satisfied in relation to each applicable subject matter mentioned in Schedule 2 or 3 -

(8) For the purposes of paragraph (7)(b), the requirements prescribed by regulation 4 of the 1985 Regulations in relation to the subject matter mentioned in column 2 of item 6 of the Table in Schedule 2 (lamps, reflectors and devices) shall be regarded as the requirements prescribed in relation to -

4. For the purposes of paragraph (7), regulation 4(1A)[10] of the 1985 Regulations shall have effect as if for sub-paragraph (a), there were substituted -

(10) If a relevant vehicle complies with all the requirements prescribed by regulation 4 of the 1985 Regulations (disregarding paragraph (9) above) that are applicable to it, the requirements prescribed by this regulation shall not apply to it.

Part III
Miscellaneous
Application for Department's approval certificate
5. - (1) An application for the issue of a Department's approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Department.

(2) The application shall be in a form which -

(3) The application shall be accompanied by -

    (4) As soon as reasonably practicable after it receives the application, the Department shall send to the applicant a notice stating the time when and the place where an examination for the purpose of the application is to be carried out.

    (5) The Department may by notice to the applicant alter the time when or the place where the examination is to be carried out, but it shall not alter the time to an earlier time without the consent of the applicant.

    (6) Where an application ("the original application") made in accordance with paragraphs (1) to (3) is refused, other than on the grounds that the vehicle is not a relevant vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to those paragraphs if -

(7) Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6); and in the case of such an application -

(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Department's approval certificate under Article 31A(5) of the Order.

Assignment of vehicle identification numbers
6. - (1) This regulation applies where it appears to the Department when it gives notice under regulation 5(4) that the vehicle to which the application relates does not have a vehicle identification number which -

(a) complies with paragraph 3.1.1 of the Annex to Directive 76/114/EEC[

(2) In such a case -

(3) Where an application is made under regulation 5 for the issue of a Department's approval certificate under Article 31A(5) of the Order -

Appeals
7. - (1) An appeal under Article 31C of the Order by a person aggrieved by a determination made by the Department pursuant to an application under regulation 5 shall be made by including with the documents submitted a form which -

(a) has been provided by the Department; and

(b) has been completed so as to include a description of the grounds upon which the appeal is made and such other information as may be reasonably required by that form.

    (2) The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.

    (3) As soon as reasonably practicable after the date of the receipt of the appeal the Department shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.

    (4) The Department may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but it shall not alter the time to an earlier time without the consent of the applicant.

Form of certificate
     8. - (1) Subject to the following paragraphs, where a Department's approval certificate is issued under Article 31A(4) of the Order on the basis that the vehicle complies with the approval requirements by virtue of these Regulations, the certificate shall be in the form set out in Schedule 4.

    (2) Where the certificate is issued on the basis that it relates to a vehicle falling within a class specified in column (2) of an item in the Table there shall be inserted in the box under the words "Class Code" the letter specified in column (3) of that item.

TABLE

(1) (2) (3)

Item Class of vehicle Letter

1. Left-hand drive vehicle N

2. Personally imported vehicle P

3. Amateur-built vehicle A

4. Vehicle manufactured in very low volume L

5. Vehicle manufactured using parts from a registered vehicle C

6. Disabled person's vehicle D

7. Rebuilt vehicle S

8. Motor caravan, ambulance or hearse M

9. Armoured vehicle T

10. Vehicle not falling within any of the preceding classes specified in this Table R

11. Vehicle which meets the condition set out in regulation 4(7)(c) E

    (3) Any letter or letters inserted pursuant to paragraph (2) may be followed by a zero and then by any letters or numbers that the Department thinks fit to insert.

    (4) Expressions used in this regulation which are the subject of definitions in Schedule 1 shall have the meanings given by those definitions.

    (5) This regulation shall apply to a Department's approval certificate issued under Article 31A(5) of the Order as it applies to such a certificate issued under Article 31A(4) of the Order as if for the words "Article 31A(4)" in the form set out in Schedule 4 there were substituted the words "Article 31A(5)".

Replacement certificates
     9. - (1) If a Department's approval certificate has been lost or defaced, an application for issue of a replacement for the original may be made to the Department at the place from which the original certificate was issued.

    (2) The application shall -

(a) specify the identification number of the vehicle in respect of which the original certificate was issued; and

(b) be accompanied by the prescribed fee.

    (3) As soon as reasonably practicable after it receives the application and fee, the Department shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked "replacement".

Notices
     10. Without prejudice to regulation 5(7)(a) and (c), every notice under these Regulations shall be in writing and may be given by post.

Obligatory certificates
     11. - (1) Subject to paragraph (2), this regulation applies to all relevant vehicles.

    (2) This regulation does not apply -

(a) to any ambulance or a motor caravan;

(b) to any registered vehicle;

(c) to a vehicle more than 10 years after the time when it was manufactured; or

(d) to a vehicle that meets the requirements specified in paragraph (3).

(3) The requirements referred to in paragraph (2)(d) are that -

(a) the person by whom the vehicle is kept ("the keeper") is a member of a visiting force or a member of a civilian component of a visiting force;

(b) the vehicle has been imported into the United Kingdom for the personal use of the keeper or of his dependants;

(c) there is not in force with respect to the vehicle -

(i) a Department's approval certificate issued in pursuance of these Regulations,

(ii) a certificate of conformity,

(iii) a Department's approval certificate in a form prescribed by regulation 9 of the 1985 Regulations, or

(iv) an EC certificate of conformity; and

(d) not more than one other vehicle which meets the requirements of sub-paragraphs (a), (b) and (c) is kept in the United Kingdom by the keeper.

    (4) In paragraph (3) the expressions "member of a visiting force" and "member of a civilian component of a visiting force" shall bear the same meanings as in Part I of the Visiting Forces Act 1952[13].

    (5) The day appointed for the purposes of Article 31E(1) of the Order in relation to every vehicle to which this regulation applies is 1st June 2001.

    (6) The type approval requirements prescribed for the purposes of Article 31E of the Order, in relation to every vehicle to which this regulation applies, are the approval requirements.

    (7) Article 31E(1) of the Order shall not apply to the use of a relevant vehicle -

(a) for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;

(b) for the purpose of bringing it away, before it is registered, from such an examination;

(c) by an authorised person for the purpose of -

(i) taking it to, or bringing it away from, a place where a part of such an examination is to be, or has been, carried out, or

(ii) carrying out a part of such an examination, or

(iii) warming up its engine in preparation for such an examination, before it is registered;

(d) where an application under regulation 5 is refused following such an examination, for the purpose of -

(i) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

(ii) bringing it away from a place where relevant work has been done on it, before it is registered.

(8) In this regulation -

"authorised person" means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995[14] or a person carrying out such an examination under the direction of such an examiner;

"relevant work" means work done or to be done to remedy the defects on the grounds of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).

Licences not to be issued for vehicles unless appropriate certificates are in force
12. Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 11 applies, the licence shall not be granted unless on the first application after the day appointed by Regulations made by virtue of the Order for a licence for that vehicle, there is produced evidence that there are one or more certificates in force for the vehicle under Article 31A of the Order from which it appears that the vehicle complies with the approval requirements.

Sealed with the Official Seal of the Department of the Environment on

11th April 2001.

L.S.

Sam Foster
Minister of the Environment

SCHEDULE 1Regulation 2(1)

Schedule 1 vehicles

Meaning of "Schedule 1 vehicle"
     1. A Schedule 1 vehicle is a relevant vehicle which is -

(a) a left-hand drive vehicle;

(b) a personally imported vehicle;

(c) an amateur-built vehicle;

(d) a vehicle manufactured in very low volume;

(e) a vehicle manufactured using parts of a registered vehicle;

(f) a disabled person's vehicle;

(g) a rebuilt vehicle;

(h) a motor caravan as defined in Annex II.A of the 1970 Directive;

(i) an ambulance as defined in Annex II.A of the 1970 Directive;

(j) a hearse as defined in Annex II.A of the 1970 Directive; or

(k) an armoured vehicle as defined in Annex II.A of the 1970 Directive.

Personally imported vehicles
     2. - (1) A vehicle is a personally imported vehicle if -

(a) it has been imported by a person entering the United Kingdom;

(b) that person had, at the time the vehicle was imported, been normally resident in a country other than the United Kingdom for a continuous period of at least 12 months;

(c) that person intends to become normally resident in the United Kingdom;

(d) the vehicle has been in the possession of that person and used by him in the country where he has been normally resident for a period of at least 6 months before its importation; and

(e) the vehicle is intended for his personal or household use in the United Kingdom.

    (2) For the purposes of this sub-paragraph a person shall be treated as being normally resident in the country where he usually lives -

(a) for a period of, or periods together amounting to, at least 185 days in a period of 12 months;

(b) because of his occupational ties; and

(c) because of his personal ties.

    (3) In the case of a person with no occupational ties, sub-paragraph (2) shall apply with the omission of head (b), provided that his personal ties show close links with that country.

    (4) Where a person has his occupational ties in one country and his personal ties in another country, he will be treated, for the purposes of this paragraph, as being normally resident in that latter country provided that either -

(a) his stay in the former country is in order to carry out a task of a definite duration; or

(b) he returns regularly to the country where he has his personal ties.

    (5) Notwithstanding sub-paragraph (4), a United Kingdom citizen whose personal ties are in the United Kingdom but his occupational ties are in a country other than the United Kingdom shall be treated for the purpose of this paragraph as normally resident in the country of his occupational ties, provided that he has lived there for a period of, or periods together amounting to, at least 185 days in a period of 12 months.

Amateur-built vehicles
     3. - (1) A vehicle is an amateur-built vehicle if -

(a) the vehicle was constructed or assembled for the personal use of a relevant individual; and

(b) the construction or assembly or a substantial part of the construction or assembly was carried out by -

(i) the individual referred to in head (a),

(ii) one or more relevant individuals acting on his behalf and under his direction, or

(iii) the individual referred to in head (a) and one or more relevant individuals acting on his behalf and under his direction.

    (2) For the purposes of this paragraph, a reference to a relevant individual, in relation to a motor vehicle, is a reference to an individual who did 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 or assembled.

Vehicles manufactured in very low volume
     4. - (1) A vehicle is a vehicle manufactured in very low volume if the condition specified in either sub-paragraph (2) or sub-paragraph (3) is complied with.

    (2) The condition specified in this sub-paragraph 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 for 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 200.

    (3) The condition specified in this sub-paragraph is that the number of vehicles of the type variant to which the vehicle in question belongs which are manufactured in the world for 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 20.

    (4) For the purposes of sub-paragraph (3), a type variant consists exclusively of vehicles which do not differ in at least the following essential respects -

(a) the manufacturer;

(b) essential aspects of construction and design, that is to say in -

(i) obvious and fundamental differences in the chassis, floor pan or other parts of the vehicle's structure, or

(ii) the power plant (whether internal combustion, electric or hybrid);

(c) body style (by way of example, saloon, hatchback, coupe, cabriolet or estate);

(d) the following further characteristics of the power plant -

(i) its working principle (whether positive ignition or compression ignition, and whether four stroke or two stroke),

(ii) the number and arrangement of its cylinders,

(iii) differences in maximum power of more than 30% (the highest is more than 1.3 times the lowest), or

(iv) engine capacity differences of more than 20% (the highest is more than 1.2 times the lowest);

(e) number, position or interconnection of the powered axles; or

(f) number or position of the steered axles.

Vehicles manufactured using parts of a registered vehicle
     5. 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 under the Vehicle Excise and Registration Act 1994 or any earlier Act relating to the 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.

Disabled person's vehicle
     6. - (1) A vehicle is a disabled person's vehicle if it is adapted or specially constructed so as to enable a person who has a disability to travel in the vehicle, whether as the driver or a passenger, in safety and reasonable comfort.

    (2) In sub-paragraph (1), "disability" has the meaning given by section 1 of the Disability Discrimination Act 1995[15].

Rebuilt vehicles
     7. A vehicle is a rebuilt vehicle if it -

(a) is a vehicle to which the Department is required by regulation 6 to assign a vehicle identification number;

(b) does not fall within either of the classes defined by paragraph 3 or 5; 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 registered vehicle.

SCHEDULE 2Regulation 4(1)(a)

Approval requirements for relevant vehicles

(References to paragraphs (unless otherwise provided) mean references to the numbered paragraph in column 3 of the item in which the reference appears, and the expressions in bold type are defined in column 4)

1 2 3 4 5

Item Subject matter Requirement Definitions and supplementary provisions Exemptions and modifications

1 Doors, their latches and hinges      1. All doors, provided on the vehicle for the entry and exit of occupants, shall be so designed as to allow easy and safe use. Doors shall have both intermediate and fully latched positions and their latches shall be designed to prevent the doors from opening accidentally. However, latching in an intermediate position is not required if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b) below.

     2. Where hinges are used, the hinges shall be fitted at the front edge of the door. However, they may be fitted at the top or rear edge if either -

(a) a device is fitted which automatically closes the door at least to the intermediate latched position if it is unlatched when the vehicle is moving in the forward direction; or

(b) a safety-bolt is fitted to prevent such unlatching and an audible warning device is provided which activates an audible warning if the vehicle is driven without the bolt in place.

     3. On hinged doors, the latch and striker assembly shall be capable of withstanding any load which is likely to be applied in the course of normal driving (i.e. excluding crash impacts) in both the intermediate and fully latched positions. However, if a safety-bolt with an audible warning device is provided as specified in paragraph 2(b), the requirement need be met only with the bolt in place.

For the purposes of this item, "longitudinal plane" means a vertical plane parallel to the longitudinal axis of a vehicle.

Paragraph 3 shall not apply to doors that do not give direct access to a seat designed for normal use while a vehicle is travelling on a road. This includes any door, for which the longitudinal plane passing through the extreme inboard projecting point of such a door is more than 300 mm distant from the longitudinal plane passing through the nearest edge of such a seat.

The latching requirements in paragraphs 1 and 3 shall not apply to any power-operated door fitted to a disabled person's vehicle if the force applied by the power actuator is sufficient to keep the door completely closed even when any load is applied as described in paragraph 3.

2 Radio- interference suppression The vehicle shall comply with the design, construction and fitting requirements of paragraph 6.1 of Annex I to Directive 72/245/EEC as last amended by Directive 89/491/EEC, or of paragraph 6.1 of ECE Regulation 10.01.      This item shall only apply to vehicles propelled by a spark ignition engine.

3 Protective Steering      1. No part of the steering control surface directed towards the driver which can be contacted by a sphere of 165 mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5 mm.

     2. The steering control shall be designed, constructed and fitted so as not to embody components or accessories, including the horn control and other assemblies, capable of catching in the driver's clothing or jewellery in normal driving movements.

     3. The steering control and column assembly as fitted to the vehicle or the steering control itself shall offer a degree of protection to the driver in the event of a frontal impact by absorbing energy. This requirement shall be treated as met if either -

(a) the vehicle complies with the requirements of paragraph 5.2 of Annex I of Directive 74/297/EEC; or

(b) the steering control complies with the requirements of paragraphs 5.2, 5.4.3, 5.4.4 and 5.4.5 of Directive 74/297/EEC as last amended by Directive 91/662/EEC.

     4. The vehicle shall comply with the requirements of paragraph 5.1 of Annex I of Directive 74/297/EEC.c>

For the purposes of this item -

    "driver's air-bag" means a flexible bag fitted to a vehicle and designed to be filled with gas under pressure in order to protect the driver in the event of a collision involving the front end of the vehicle;

"steering control" has the same meaning as in Directive 74/297/EEC.

This item shall not apply to -

(a) vehicles, the steering control of which has been specially constructed for the use of a person suffering from some physical defect or disability;

(b) vehicles manufactured before 1st October 1997 in which the centre of the steering control is in the forward quarter of the total length of the vehicle, including any bumpers and overriders;

(c) ambulances, motor caravans and hearses (in each case) having a maximum gross weight of more than 2500 kg if the vehicle has been derived from a goods vehicle either having a maximum gross weight of not less than 1500 kg or manufactured before 1st October 1997; and

(d) armoured vehicles.

Paragraph 1 shall not apply to a vehicle if -

(a) it is a Schedule 1 vehicle but not -

(i) an amateur-built vehicle,

(ii) a vehicle manufactured using parts of a registered vehicle,

(iii) a rebuilt vehicle;

(b) it is fitted with a driver's air-bag; and

(c) the driver's air-bag was fitted at the time the vehicle was manufactured.

Paragraph 1 shall not apply to any switch fitted to the steering control of a vehicle if -

(a) it is a Schedule 1 vehicle but not -

(i) an amateur-built vehicle,

(ii) a vehicle manufactured using parts of a registered vehicle,

(iii) a rebuilt vehicle; and

(b) the switch is an integral part of the steering control as originally fitted to the vehicle by its manufacturer and that it can be depressed into the steering control by finger pressure.

4 Exhaust emissions      1. The vehicle shall not emit any avoidable smoke or avoidable visible vapour.

     2. When the engine by which it is propelled is running without load at a normal idling speed, the carbon monoxide content of the exhaust emissions from the engine shall not exceed -

(a) if the vehicle has an effective date before 1st August 1986, 4.5%; or

(b) if the vehicle has an effective date on or after 1st August 1986 and is not a vehicle to which sub-paragraph (c) or (d) applies, 3.5%; or

(c) if the vehicle is of a description mentioned in the Annex to the emissions publication and is either -

(i) a passenger car having an effective date on or after 1st August 1992, or

(ii) any other vehicle having four or more wheels and an effective date on or after 1st August 1994, the relevant percentage; or

(d) if the vehicle is not of a description mentioned in the Annex to the emissions publication and is either -

(i) a passenger car having an effective date on or after 1st August 1995, or

(ii) any other vehicle having four or more wheels and an effective date on or after 1st August 1997, 0.5%;

of the total exhaust emissions from the engine by volume.

     3. If the engine by which the vehicle is propelled is run without load at a rotational speed of 2000 revolutions per minute, the hydrocarbon content of the exhaust emission from the engine shall not exceed 0.12% if the vehicle either -

(a) has not more than three wheels; or

(b) is a vehicle to which paragraph 2(a) or (b) applies.

     4. If the vehicle is one to which paragraph 2(c) or (d) applies and the engine by which it is propelled is run without a load at a fast idling speed -

(a) the carbon monoxide content of the exhaust emissions from the engine shall not exceed 0.3% of the total exhaust emissions from the engine by volume;

(b) the hydrocarbon content of the exhaust emissions from the engine shall not exceed 0.02% of the total exhaust emissions from the engine by volume; and

(c) the lambda value shall be between the relevant limits.

For the purposes of this item -

    "effective date" means the date of manufacture of the vehicle, except that in the case of a vehicle which for the time being meets the requirements of paragraph 3, 5 or 6 of Schedule 1, it shall mean the 1st January immediately preceding the date of manufacture of the engine by which it is propelled, if that date is earlier;

"the emissions publication" is the publication entitled "In-service Exhaust Emissions Standards for Road Vehicles" (ISBN 0-9526457-5-0) published by the Department of the Environment, Transport and the Regions;

"a fast idling speed" means -

(a) in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 3(e) and (f) respectively of that Annex; or

(b) in any other case, a rotational speed of between 2500 and 3000 revolutions per minute;

"the lambda value" means the ratio by mass of air to petrol vapour in the mixture entering the combustion chambers divided by 14.7;

"a normal idling speed" means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, a rotational speed between the minimum and maximum limits shown against that description of vehicle in columns 2(b) and 2(c) respectively of that Annex;

"passenger car" means a motor vehicle which -

(a) is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;

(b) has no more than five seats in addition to the driver's seat;

(c) has a weight not exceeding 2,500 kg maximum gross; and

(d) has four or more wheels;

"the relevant limits"mean -

(a) in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the minimum and maximum limits shown against that description of vehicle in columns 3(c) and 3(d) respectively of that Annex; or

(b) in any other case, 0.97 and 1.03;

"the relevant percentage" means in the case of a vehicle of a description mentioned in the Annex to the emissions publication, the percentage shown against that description of vehicle in column 2(a) of that Annex; and

"rotary piston engine" means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston; and any rotary piston engine shall be deemed to be a four-stroke engine.

Paragraphs 2, 3 and 4 shall not apply to -

(a) vehicles not propelled by a spark ignition engine;

(b) vehicles having an effective date before 1st August 1975; and

(c) vehicles having an effective date before 1st August 1987 and propelled by a rotary piston engine.

Paragraphs 2(a) and (b) and 3 shall not apply to vehicles propelled by a 2-stroke engine.

Paragraphs 2(c) and 2(d) shall not apply to vehicles having an effective date before 1st January 1999 which are either -

(i) fuelled solely by either liquid petroleum gas or natural gas, or

(ii) bi-fuelled vehicles when controlled to operate on either of those gases.

Paragraphs 3 and 4(b) shall not apply to vehicles fuelled solely by natural gas or to bi-fuelled vehicles when controlled to operate on either liquid petroleum gas or natural gas.

Paragraph 4(c) shall not apply to vehicles fuelled by liquid petroleum gas or natural gas.

5 Smoke emissions If the vehicle has an effective date on or after 1st August 1979, when the engine by which it is propelled is subject to the free-acceleration test, the coefficient of absorption of the exhaust emissions from the engine immediately after leaving the exhaust shall not exceed -

(a) if the engine of the vehicle is turbo-charged, 3.0 per metre; or

(b) in any other case, 2.5 per metre.

For the purposes of this item -

    "co-efficient of absorption" shall be construed in accordance with paragraph 3.5 of Annex VII to Directive 72/306/EEC;

"effective date" has the same meaning as in item 4; and

"free acceleration" has the same meaning as in Annex II to Directive 77/143/EEC as last amended by Directive 92/55/EEC.

This item shall only apply to vehicles propelled by a compression ignition engine.

6 Lamps, reflectors and devices The construction and equipment of the vehicle shall be such that its use on a road between sunset and sunrise would not constitute a contravention or a failure to comply with -

(a) regulations 13 to 16, 18 to 20, 22 or 23 of the Lighting Regulations; or

(b) regulation 21 of those Regulations except in so far as it requires a vehicle -

(i) to comply with paragraph 12(c) of Part I of Schedule 4 to those Regulations, and

(ii) to be fitted with a dim-dip device or running lamp.

For the purposes of this item, the Lighting Regulations shall have effect as if for every reference to the date on which a vehicle is first used there were substituted a reference to the date of manufacture of the vehicle.

For the purposes of this item -

    "approval mark" has the same meaning as in Schedule 7 to the Lighting Regulations;

"coefficient of luminous intensity" has the same meaning as in ECE Regulation 3.01;

"special purpose" means, in relation to a vehicle, the special function, body arrangements or equipment by virtue of which the vehicle is a special purpose vehicle for the purposes of Annex IIA to the 1970 Directive;

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

This item, in so far as it requires any lamp (not being a filament lamp), reflector or device to bear a particular standard mark (or one of two or more standard marks) shall not apply to a vehicle if -

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

(b) in the case of a reflector, it meets the standards as to the coefficient of luminous intensity, of the instrument to which the standard mark (or one of those standard marks) relates.

This item, in so far as it requires compliance with regulation 16 of the Lighting Regulations (filament lamps), shall not apply to a lamp, if by virtue of the preceding paragraphs, it could comply with this item without bearing any standard mark.

This item, in so far as it requires the headlamps (including a filament lamp fitted to a headlamp) fitted to a vehicle to bear a particular standard mark (or one of two or more standard marks), shall not apply to headlamps that emit sufficient light to illuminate the road in front of the vehicle on both main and dipped beam.

In the case of a rear direction indicator which is one of a number of lamps having a common housing and fitted to a left-hand drive vehicle, paragraph 2(b)(i) of Part I of Schedule 7 to the Lighting Regulations shall apply as if for "400 mm" there were substituted "480 mm".

In the case of an ambulance, motor caravan, hearse or armoured vehicle, exemptions shall be permitted in so far as the special purpose of the vehicle makes it impossible fully to comply, provided that all obligatory lamps, reflectors and devices are installed and the angles of visibility are not affected.

7 Rear-view mirrors      1. The vehicle shall be fitted with at least one offside exterior mirror which meets -

(a) if the vehicle is right hand drive or has a central driving position, the adjustment, rear view, and vibration requirements; or

(b) if the vehicle is left hand drive, the rear view, and vibration requirements.

     2. It shall also be fitted with at least one interior mirror which meets the adjustment, rear view and vibration requirements unless no interior mirror could provide any view to the rear.

     3. If no interior mirror is fitted or if no interior mirror meets the rear view requirements, a nearside exterior mirror shall be fitted which meets -

(a) if the vehicle is right hand drive or has a central driving position, the rear view, and vibration requirements; or

(b) if the vehicle is left hand drive, the adjustment, rear view and vibration requirements.

     4. Each rear view mirror fitted to the vehicle shall either -

(a) comply with the requirements (including marking requirements) of Annex II to Directive 71/127/EEC as last amended by Directive 88/321/EEC or of Part I of ECE Regulation 46.01 for a Class I mirror in the case of an interior mirror and a Class III or a Class II mirror in the case of an exterior mirror; or

(b) comply with the dimension requirements and the following requirements -

(i) the edge of the reflective surface shall be enclosed within a protective housing,

(ii) all parts of the external surface of the mirror which are, in the case of an interior mirror, contactable by a sphere of 165 mm diameter and in the case of an exterior mirror, by a sphere of 100 mm diameter, shall have a radius of curvature of not less than 2.5 mm, with the exception of fixing holes or recesses less than 12 mm wide if these are blunted,

(iii) exterior mirrors shall be capable of rotating inwards towards the vehicle when a force of 10 kg is applied horizontally at the extreme outer edge in a longitudinal plane from both the front and the rear. The axis of rotation shall lie within 50 mm of the surface at which the mirror is attached to the vehicle bodywork.

For the purposes of this item -

"extreme outer edge" has the meaning given by regulation 2(1) of the Lighting Regulations;

"floor marking A", "floor marking B" and "floor marking C" mean the lines shown as such in the Appendix to this Schedule;

"longitudinal plane" has the meaning given in regulation 2(1) of the Construction and Use Regulations;

"longitudinal plane a", "longitudinal plane b" and "longitudinal plane c" mean the vertical planes "a", "b" and "c" in the Appendix to this Schedule;

"pole A", "pole B" and "pole C" mean the vertical lines projecting upwards from the horizontal surface (floor) at the positions shown in the Appendix to this Schedule, to the height of -

(a) in the case of pole A, the highest point of the reflecting surface of the offside exterior mirror;

(b) in the case of pole B, the highest point of the reflecting surface of the interior mirror; and

(c) in the case of pole C, the highest point of the reflecting surface of the nearside exterior mirror;

"transverse eye plane" means the vertical plane passing through the line shown as such in the Appendix to this Schedule;

"transverse plane" means a vertical plane normal to a longitudinal plane.

"The adjustment requirements"
In order to meet the adjustment requirements -

    (1) an interior mirror shall be capable of being adjusted by the driver when in his driving position; and

    (2) an exterior mirror must -

(a) be capable of being adjusted by the driver when in his driving position, the door being closed; or

(b) be so constructed that when knocked out of alignment it can be returned to its former position without need of adjustment.

Provided that a mirror shall be regarded as meeting the requirements of sub-paragraph (a) whether or not -

(a) it can meet those requirements only with the window in the driver's door being open; or

(b) the mirror is capable of being locked in position from the outside of the vehicle.

"The dimension requirements"
In order for an exterior mirror to meet the dimension requirements, the dimensions of the reflecting surface must be such that an orthogonal projection onto a vertical surface accommodates a vertical line with a length of 70 mm and a rectangle with vertical sides of 40 mm and horizontal sides of 70 mm.

In order for an interior mirror to meet the dimension requirements, the dimensions of the reflecting surface must be such that an orthogonal projection onto a vertical surface accommodates a rectangle with vertical sides of 40 mm and horizontal sides of 80 mm.

"The rear view requirements" (see the Appendix to this Schedule)
In order for a mirror to meet the rear view requirements, it must be such that when the vehicle is positioned such that its longitudinal axis is parallel to the longitudinal planes a, b and c, with the driver seated in his normal upright driving position such that his eyes lie in the transverse eye plane and with the mirror correctly adjusted, he shall be able to see in that mirror -

(a) in the case of an offside exterior mirror, with the offside extreme outer edge of the vehicle positioned so that it is tangential to the longitudinal plane a, the whole of floor marking A and pole A; and

(b) in the case of an interior mirror, with the central longitudinal axis of the vehicle positioned so that it lies on the longitudinal plane b, the whole of floor marking B and pole B; or

(c) in the case of a nearside exterior mirror, with the nearside extreme outer edge of the vehicle positioned so that it is tangential to the longitudinal plane c, the whole of floor marking C and pole C.

"The vibration requirements"
In order to comply with the vibration requirements, a mirror shall be fixed to the vehicle in such a way that under normal driving conditions, it neither moves so as to change the field of vision, nor vibrates to an extent which would cause the driver to misinterpret the nature of the image received.

This item shall not apply to vehicles having not more than three wheels, if they comply with the requirements for motor-tricycles in Annex III to Directive 97/24/EC.

The requirements of paragraph 2 shall not apply to motor caravans, ambulances, hearses or armoured vehicles (in each case) having a maximum gross weight exceeding 2500 kg if the vehicle has been derived from a vehicle of category M2, M3, N2 or N3.

Paragraph 4(b)(iii) shall not apply -

(a) to any mirror, no part of which is less than 2000 mm above the ground; or

(b) to any mirror which does not protrude beyond an extreme outer edge of the vehicle; or

(c) any left-hand drive vehicle.

8 Anti-theft devices      1. The vehicle shall be fitted with some form devices of anti-theft device, that is to say, a mechanical, electrical or electronic immobiliser or a combination of these, (in addition to any key operated switch normally used to start the engine) that prevents the vehicle being driven or moved under its own power.

     2. No anti-theft device shall operate on the braking system.

     3. If any anti-theft device is, or incorporates, any mechanical device that acts upon a system that affects the control of the vehicle (e.g. the steering control) -

(a) it shall not be possible to start the engine in the normal way until every such mechanical device has been deactivated;

(b) it shall not be possible to activate any such mechanical device while the engine is running; and

(c) the action of activating any such mechanical device shall be distinct and separate from that of stopping the engine.

     This item shall not apply to disabled persons' vehicles.

9 Seat belts      1. Every adult belt fitted to the vehicle, not being a harness belt or a passive belt, shall comply with the requirements of paragraph (8) of regulation 55 of the Construction and Use Regulations to the extent (if any) that it would apply were the said paragraph (8) to apply to all motor vehicles.

     2. If the vehicle is fitted with one or more passive belts, every such belt shall -

(a) bear a mark as described in regulation 55(5)(c)(i) of the Construction and Use Regulations; or

(b) meet the requirements referred to in regulation 55(5)(c)(iii) of those Regulations.

     3. If the vehicle is fitted with one or more harness belts, every such belt shall -

(a) bear a mark as described in regulation 55(5)(c)(ii) of the Construction and Use Regulations; or

(b) meet the requirements referred to in regulation 55(5)(c)(iv) of those Regulations.

For the purposes of this item -

    "adult belt" means a seat belt for an adult not being a disabled person's belt;

"disabled person's belt", "lap belt" and "seat belt" have the same meanings as in regulation 55(11) of the Construction and Use Regulations;

"harness belt" means an adult belt which is a harness belt comprising a lap belt and shoulder straps;

"passive belt" means an adult belt comprised in a passive belt system.

This item shall not apply to an adult belt fitted to a vehicle if the belt provides a level of safety equivalent to that provided by an adult belt which complies with the requirements of this item as they would otherwise apply to the belt but disregarding paragraph 2(b) and 3(b).

10 Seat belt anchorages      1. The vehicle shall comply with the requirements of paragraph 4.3 of Annex I to Directive 76/115/EEC. For outboard seating positions, other than in the front, two lower anchorages are allowed.

     2. Without prejudice to paragraph 1, the vehicle shall be fitted with an anchorage in every position required to hold securely every adult belt or any part of an adult belt fitted to the vehicle.

     3. Every anchorage intended for an adult belt shall comply with the requirements of paragraphs 4.2, 4.4 and 4.5 of Annex I to Directive 76/115/EEC.

     4. The vehicle shall comply with the requirements of paragraph 5 of Annex I to Directive 76/115/EEC.

For the purposes of this item -

    "adult belt", "harness belt" and "passive belt" have the same meanings as in item 9;

"disabled person's belt", "forward-facing seat" and "seat belt" have the same meanings as in regulation 55(11) of the Construction and Use Regulations;

"special purpose" has the same meaning as in item 6.

Annex I to Directive 76/115/EEC shall have effect as if for paragraph 4.4.1 there were substituted -

" 4.4.1 Every belt anchorage shall comply with the following requirements.".

Paragraph 3 shall not apply to anchorages which are so located that, when used with an adult belt of a type for which they are intended to be used, if they provide a level of safety equivalent to that provided by anchorages that meet the requirements of that paragraph when used with an adult belt of a type for which they are intended.

For motor caravans, ambulances and hearses, paragraph 1 shall apply only to seating positions where there is a seat intended for use while the vehicle is travelling on a road.

An armoured vehicle shall be exempted from any requirement of paragraph 1 if it can be demonstrated to the satisfaction of the Department that it is impossible for the vehicle to comply due to its special purpose.

11 Installation of seat belts      1. The vehicle shall be fitted with a harness belt, a passive belt or a three point belt for the driver's seat and the specified passenger's seat (if any).

     2. If the vehicle has an effective date on or after 1st April 1987, in addition to the seat belts required by paragraph 1, it shall be fitted with an appropriate belt for every other forward-facing seat in the front alongside the driver's seat, not being a specified passenger's seat.

     3. If the vehicle has an effective date on or after 1st April 1987, in addition to the seat belts required by paragraph 1 and 2, it shall be fitted with a harness belt, a lap belt, a passive belt or three-point belt for every other forward-facing seat.

     4. Every adult belt and every disabled person's belt fitted to the vehicle shall be properly secured to anchorages provided for it and installed so that it can be used properly to restrain an occupant (e.g. in the case of a lap belt by passing over the pelvic region and in the case of a harness belt, a passive belt or a three-point belt by also restraining the upper torso and not being liable to slip off the shoulder). Also, there shall be no sharp edges liable to cause abrasion or damage to the belts in normal use. In the case of every lap belt, passive belt and three-point belt, provision shall be made for their safe and convenient storage.

For the purposes of this item -

    "adult belt", "harness belt" and "passive belt" have the same meanings as in item 9;

"appropriate belt", in relation to a seat in a vehicle, means -

(a) in a case where the windscreen is located as mentioned in paragraph 3.1.7 of Annex I to Directive 77/541/EEC as last amended by Directive 90/628/EEC, a harness belt, a lap belt, a passive belt, or a three-point belt; and

(b) in any other case, a harness belt, a passive belt or a three-point belt;

"child restraint", "disabled person's belt", "forward-facing seat", "lap belt", "seat belt", "specified passenger's seat" and "three-point belt" have the same meanings as in regulation 55(11) of the

Construction and Use Regulations;

"effective date" means -

(a) in the case of a vehicle which meets the requirements of paragraph 3 of Schedule 1 to these Regulations -

(i) if the vehicles does not have a separate chassis, the date of manufacture of the integral chassis-body, or

(ii) if the vehicle has a separate chassis, the date of manufacture of the body or the chassis, whichever is the earlier; or

(b) in the case of any other vehicle, the date of manufacture of the vehicle;

"special purpose" has the same meaning as in item 6.

The requirements of paragraphs 1, 2 and 3 shall not apply in relation to a seat fitted to a disabled person's vehicle if the vehicle is fitted with a disabled person's belt for that seat.

Paragraph 2 shall have effect in relation to motor caravans, ambulances and hearses as if for "1st April 1987" there were substituted "1st October 1990".

Paragraph 3 shall have effect in relation to motor caravans, ambulances and hearses as if -

(a) for "1st April 1987" there were substituted "1st April 1997"; and

(b) there were added at the end the words "intended for use while the vehicle is travelling on a road".

An armoured vehicle shall be exempted from any requirement of paragraphs 1, 2 and 3 if it can be demonstrated to the satisfaction of the Department that it is impossible

for the vehicle to comply on account of its special purpose.

12 Brakes      1. The vehicle shall comply with the requirements of paragraphs 2.1 and 2.2 of Annex I of Directive 71/320/EEC as last amended by Directive 85/647/EEC; but in the application of that Annex (as so amended) for these purposes -

(a) the second sentence of paragraph 2.2.1.2.4 shall not apply; and

(b) paragraph 2.2.1.4.2 shall not apply in relation to a vehicle which is fitted with a braking device having a split-circuit transmission which enables braking of not less than one wheel on each side of the vehicle, in the event of failure in a part of the transmission of the service braking;

(c) paragraph 2.2.1.5.1 shall apply as if for the last sentence there were substituted the words " This condition must be met by automatic means.".

     2. If the vehicle is equipped with an anti-lock device it shall comply with paragraph 2.2.1.23 of 71/320/EEC as last amended by Directive 88/194/EEC.

     3. The vehicle shall comply with the requirements of paragraphs 2.2.1.11.1 and 2.2.1.11.2 of Directive 71/320/EEC as last amended by 91/422/EEC.

     4. The secondary braking and service braking shall have the same control.

     5. The brake efficiency shall be not less than -

(a) for the service braking 60%;

(b) for the secondary braking in the case when the servo-assistance provided for the service braking (if any) fails and a force is applied to the control 30% when the force applied is 50 kg; and

(c) 18% for the parking braking.

     6. The lateral brake distribution for the service braking shall -

(a) in relation to each steering axle; and

(b) for all values of total braking force and vehicle speed,

be not less than 70%.

     7. The longitudinal brake distribution for the service braking shall, for all values of total braking force, vehicle speed and adjustment settings (if any), be greater than the ratio of the vertical forces transmitted to the road through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface.

     8. The capacity of the braking device to absorb and dissipate energy shall be sufficient to ensure that all the required aspects of braking performance can be maintained under all normal operating conditions of the vehicle, including long hill descents, taking account of the vehicle's speed capability, weight and weight distribution.

For the purpose of this item -

    "anti-lock device" -

(a) except in relation to a vehicle having not more than three wheels, has the same meaning as in 71/320/EEC as last amended by Directive 88/194/EEC; and

(b) in relation to a vehicle having not more than three wheels, has the same meaning as in Appendix 2 to the Annex to Directive 93/14/EEC;

"brake efficiency" means maximum total brake force expressed as a percentage of the maximum gross weight;

"braking device", "control", "transmission", "service braking", "secondary braking" and "parking braking", have the same meanings as in Directive 71/320/EEC as last amended by Directive 85/647/EEC;

"in running order" means -

(a) with all fluids (such as oils and engine coolant) necessary for the vehicle to be driven, the fuel tanks full, a spare wheel and a tool-kit;

(b) carrying a driver weighing 68 kg; but

(c) not otherwise carrying any load or passengers;

"lateral brake distribution", in relation to an axle, means the ratio (expressed as a percentage) of the lower to the higher of the braking forces transmitted by the tyres to the road surface for two wheels, on opposite sides of the vehicle on the same axle;

"longitudinal brake distribution" means the ratio of the braking forces transmitted by the tyres to the road surface through the front and rear wheels respectively when the vehicle is in running order and being braked on a level surface;

"maximum total brake force" means the total braking force when the brakes are fully applied;

"servo-assistance" means an energy supply which supplements the muscular energy of the driver;

"total braking force" means the total of the braking forces transmitted by the tyres to the road surface when the brakes are applied.

The requirements in paragraph 1 for the driver to be able to operate the service braking system while keeping both hands on the steering control, and the secondary braking system while keeping at least one hand on the steering control, shall not apply to a disabled person's vehicle, provided that the vehicle is adapted to allow the driver to control the steering at all times while operating either braking system.

Paragraphs 1 to 4 shall not apply to vehicles having not more than three wheels, if they comply with the requirements for motor-tricycles in the following provisions of Directive 93/14/EEC -

(a) paragraph 2.1 of the Annex;

(b) paragraphs 2.2.4 to 2.2.8 of the Annex; and

(c) in the case of vehicles equipped with anti-lock devices, Appendix 2 to the Annex.

In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if -

(a) for "60%" and "30%" there were substituted "50%" and "25%" respectively; and

(b) for "50 kg" there were substituted "40 kg", if a manual control is used to apply the secondary braking.

Paragraph 7 shall not apply to a Schedule 1 vehicle other than -

(a) an amateur-built vehicle;

(b) a vehicle manufactured using parts of a registered vehicle;

(c) a rebuilt vehicle; and

(d) the brakes acting on its rear wheels are fitted with an anti-lock device and were so fitted at the time of its manufacture.

13 Noise and Silencers      1. The vehicle shall be fitted with an exhaust system including a silencer such that the exhaust gases shall not escape into the atmosphere without first passing through the silencer.

     2. When -

(a) the vehicle is held stationary on a level surface such that there is an unobstructed area not less than 3 metres wide all around the vehicle; and

(b) the engine by which the vehicle is propelled is run at a constant rotational speed of 3/4 S, the noise measured at 0.5 metres from the exhaust outlet at 45 degrees to the axis of the outlet pipe in a horizontal plane, shall not exceed 101db(A).

For the purposes of this item, "S" means the rotational speed at which maximum power is produced.

Paragraph 1 shall only apply to vehicles propelled by an internal combustion engine.

14 Glass in windscreens and other windows outside The windows of the vehicle shall be fitted with glazing which complies with the requirements of regulations 36 and 37 of the Construction and Use Regulations to the extent (if any) that they apply to the vehicle. However, side screens may be constructed of safety glazing. For the purposes of this item, the Construction and Use Regulations shall have effect as if every reference to the date on which a vehicle is first used were a reference to its effective date.

For the purposes of this item -

    "effective date" means -

(a) for the purposes of regulation 37(2) and (10) of the Construction and Use Regulations, the date of manufacture of the vehicle or 31st March 1985, whichever is the earlier;

(b) for all other purposes, the date of manufacture;

"safety glazing" has the same meaning as in regulation 37(16) of the Construction and Use Regulations; and

"side-screen" means an item of glazing wholly or partly on either side of the driver's seat that does not slide or move relative to the vehicle or any of its parts (including glazing) in a manner likely to cause abrasion to any glazing surface.

The requirements of regulation 37(2) and (7) of the Construction and Use Regulations shall not apply to the glazing fitted to any window, if that glazing provides a level of safety equivalent to glazing which complies with the requirements set out in column 3 of this item.

In relation to a vehicle fitted with a near-side exterior mirror (in addition to the obligatory off-side exterior mirror) which meets the requirements of item 7 (rear-view mirrors), the requirements of regulation 37(10) of those Regulations shall not apply to the glazing fitted to any window every part of which is behind the driver.

In relation to any glass fitted in the window of an armoured vehicle, the requirements of regulation 37(10) of those Regulations shall apply as if the values in column 4 of Table II of that regulation (minimum light transmission) were all 60%.

15 Seats and their anchorages      1. Every seat and seat back adjustment and displacement system provided shall incorporate a locking system which operates automatically in all positions provided for normal use and all seats, including those which can be tipped forward or have fold-down backs, shall lock automatically in their normal upright position.

     2. The unlocking controls for displacement systems which facilitate access by passengers shall be accessible from outside the vehicle when the door is open. They shall be easily accessible, even to the occupant of the seat immediately behind the seat concerned if such a seat is designated as suitable for an adult.

     3. Seats shall be constructed and firmly attached to the vehicle such that they and their anchorages comply with the design, construction and fitting requirements of paragraph 6.2 to Annex I of Directive 74/408/EEC.

     This item does not apply to seats not intended for normal use while the vehicle is travelling on a road (including seats exempt from Directive 74/408/EEC as last amended by Directive 81/577/EEC).

This item does not apply to any seat designed for a person with a disability and fitted in a disabled person's vehicle.

16 Tyres      1. Every tyre (not being a retreaded tyre) fitted to the vehicle shall bear an approval mark in accordance with the requirements of Directive 92/23/EEC or ECE Regulation 30.

     2. Every retreaded tyre fitted to the vehicle shall bear a mark in accordance with paragraph 6 of BS AU 144e-1988 or a corresponding standard and the indication given by the mark must not be false in a material particular.

     3. Each tyre fitted to the vehicle shall bear marks that were moulded on to or into the tyre at the time that it was manufactured which provide the following service information -

(a) nominal size;

(b) construction type (e.g. radial ply);

(c) load capacity; and

(d) speed capability.

     4. Each tyre fitted to the vehicle shall be of a nominal size appropriate to the wheel to which it is fitted.

     5. Tyres on the same axle shall be of the same nominal size and of the same construction type. If radial tyres are fitted to the front axle, they shall also be fitted to the rear and if bias-belted tyres are fitted to the front axle, radial or bias-belted tyres shall be fitted to the rear.

     6. Each wheel on each axle shall be equipped with a tyre which has a load capacity such that, when the axle is loaded to its maximum permitted axle weight, the weight transmitted to the road surface by that tyre does not exceed that load capacity.

     7. The speed capability of all tyres fitted shall be not less than the maximum design speed of the vehicle.

For the purposes of this item -

"BS AU 144e-1988" has the same meaning as in the Motor Vehicles Tyres (Safety) Regulations 1994[16];

"corresponding standard" shall be construed in accordance with regulation 13 of the Motor Vehicles Tyres (Safety) Regulations 1994 as it applies to BS 144e-1988.

Paragraph 1 shall not apply to a tyre fitted to a vehicle, if the tyre provides a level of safety equivalent to a tyre that meets the requirements of that paragraph.

Paragraph 2 shall not apply to a tyre fitted to a vehicle, if the tyre provides a level of safety equivalent to that provided by a tyre that complies with the requirements of that paragraph so far as it relates to BS AU 144e-1988.

Paragraph 3(c) and (d) shall not apply to a tyre fitted to a vehicle for which information on the load capacity and speed capability have been separately provided.

17 Interior fittings      1. No surface (other than a surface of a window) of the vehicle interior, which can be contacted by a sphere of 165 mm diameter and which is within the specified zone, shall include any fittings (e.g. controls and instruments) or design features which have any dangerous roughness or sharp edges.

     2. Switches and other controls mounted on the instrument panel which project by more than 9.5 mm from the surface of the panel, can be contacted by a sphere of 165 mm diameter and which are within the specified zone, shall be so constructed and mounted that they would either retract into the surface of the panel or become detached from the panel when a horizontal force of 40 kg is applied to them.

     3. The lower edge of the instrument panel shall be rounded to a radius of curvature of not less than 19 mm, or if it is covered with non-rigid material, not less than 5 mm.

     4. The rearward and upward-facing parts of seat frames behind which there is a designated seating position, shall be both covered with non-rigid material and have a radius of curvature of not less than 5 mm.

     5. The handbrake control in the fully released position and the gear-lever control in any forward gear position shall not have any radius of curvature of less than 3.2 mm on surfaces which can be contacted by a sphere of 165 mm diameter.

     6. Shelves and other similar items shall be so constructed that their supports have no protruding edges and that all parts facing into the vehicle present a surface not less than 25 mm high with edges rounded to a radius of curvature of not less than 3.2 mm. This surface shall also be covered with non-rigid material.

     7. On that part of the inner surface of the roof which is situated above or forward of the occupants and can be contacted by a sphere of 165 mm diameter, the width of projecting parts made of rigid material, shall not be less than the length of their projection from the surface and their edges shall have a radius of curvature of not less than 5 mm. Roof sticks or ribs made of rigid material with the exception of the header rail of the glazed surfaces and door frames, shall not project downwards by more than 19 mm.

For the purposes of this item -

"air bag" means a flexible bag fitted to a vehicle and designed to be filled with gas under pressure in order to protect the driver or a front seat passenger in the event of a collision involving the front of the vehicle;

"designated seating position" means a position where there is a seat designed for normal use while the vehicle is travelling on the road;

"head impact zone" has the same meaning as in Directive 74/60/EEC;

"non-rigid material" means a material which has a hardness of less than 50 shore A;

"rigid material" means a material which has a hardness of no less than 50 shore A;

"sharp edge" means an edge of rigid material having a radius of curvature of less than 2.5 mm, except in the case of projections of less than 3.2 mm from the panel. In this case, the minimum radius of curvature shall not apply provided that the height of the projection is not more than half its width and its edges are blunted;

"special purpose" has the same meaning as in item 6;

"specified zone" means the zone which -

(a) is forward of the transverse plane of the torso reference line of the manikin as defined in paragraph 2.5 and appendix 1 of Annex 3 to Directive 77/649/EEC as last amended by Directive 90/630/EEC with the manikin positioned in the rearmost designated seating position;

(b) is above the horizontal plane passing through the point 150 mm above the lowest part of the top of the front seat cushions; and

(c) is outside the areas defined by paragraphs 2.3.1, 2.3.2 and 2.3.3 of Annex I to Directive 74/60/EEC as last amended by Directive 78/632/EEC.

This item shall not apply to any area inside a motor caravan, ambulance or a hearse which is not inside the head impact zone for any designated seating position.

An armoured vehicle shall be exempted from any requirement of this item if it can be demonstrated to the satisfaction of the Department that it is impossible for the vehicle to comply due to its special purpose.

Paragraphs 1 and 2 shall not apply to any switches, controls or associated equipment designed for the use of a person with a disability and fitted in a disabled person's vehicle.

Paragraph 4 shall not apply to any seat designed for a person with a disability and fitted in a disabled person's vehicle.

Paragraph 5 shall not apply to -

(a) any floor-mounted hand-brake control if, in the fully released position, no part of the control is in the specified zone; or

(b) any hand-brake control mounted on or under the instrument panel, if in the fully released position, there is no possibility of the occupants of the vehicle contacting it in the event of a frontal impact.

Paragraph 7 shall not apply to parts covered with a non-rigid material and the hood-frames of convertible vehicles. For opening roofs, the requirements shall apply to parts, including devices for opening, closing and adjusting the roof, with the roof in the closed position.

Paragraph 1 (in so far as it relates to the surface of an instrument panel) and paragraph 2 shall not apply to a vehicle if -

(a) it is a Schedule 1 vehicle but not one of the following classes -

(i) an amateur-built vehicle,

(ii) a vehicle manufactured using parts of a registered vehicle,

(iii) a rebuilt vehicle;

(b) it is fitted with air bags for the protection of the driver and the front seat passenger; and

(c) those air bags were fitted at the time the vehicle was manufactured.

18 External projections      1. The vehicle shall not be fitted with any mascot, emblem or other ornamental object unless it complies with the requirements of regulation 62 of the Construction and Use Regulations.

     2. The radius of curvature of all hard parts on or protruding from the external surface of the vehicle and which can be contacted by a sphere of 100 mm diameter, shall be not less than 2.5 mm.

     3. Headlamp visors and rims shall not project more than 30 mm beyond the lens surface.

     4. The ends of bumpers shall be turned inwards or recessed or integrated within the bodywork.

     5. Handles, hinges, push buttons and fuel tank filler caps shall not project more than 40 mm from the external surface unless they cannot under any circumstance project beyond the extreme outer edge of the vehicle, in which case they may project by up to 50 mm from the external surface. All handles shall be enclosed in a protective surround or be recessed, unless they cannot in any circumstances project beyond the extreme outer edge of the vehicle.

     6. The open ends of door handles which rotate parallel to the plane of the door shall be turned back towards the plane of the door. Such open ends shall be directed rearwards unless the handles cannot under any circumstances project beyond the extreme outer edge of the vehicle and at least one of the following requirements is met -

(a) the open end of the handle is shielded to the front by a protective surround; or

(b) the open end of the handle is recessed into the vehicle bodywork; or

(c) the gap measured laterally between the open end of the handle and the vehicle body is no more than 2 mm when the handle is in its normal position with the door latched.

     7. The open ends of handles which pivot outwards in any direction shall face either rearwards or downwards, unless they have an independent return mechanism and cannot project more than 15 mm from the external surface should the return mechanism fail.

     8. Windows which open outwards from the external surface of the vehicle shall have no forward facing exposed edge and shall not project beyond the extreme outer edge of the vehicle.

     9. No jacking bracket shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it.

     10. No exhaust pipe shall project by more than 10 mm beyond the vertical projection of the floor line lying directly above it, unless it terminates in a rounded edge having a radius of curvature of no less than 2.5 mm.

For the purposes of this item -

"external surface" of the vehicle means the outward facing surface at any height from the floor line up to a height of 2 metres from the horizontal surface on which the vehicle is standing;

"extreme outer edge" has the meaning given by regulation 2(1) of the Lighting Regulations modified so as to disregard the projection of handles, hinges, push buttons, fuel tank filler caps and windows.

"floor line" has the same meaning as in Directive 74/483/EEC;

"hard parts" means those made of a material of hardness exceeding 60 shore A;

"special purpose" has the same meaning as in item 6;

"vehicle body plan-form" means the area resulting from a vertical projection of the complete body onto a horizontal surface; and, for the purposes of this definition -

"complete body" means all parts of the bodywork and chassis, including any separate wheel-guards, but does not include running gear, such as wheels, axles, suspension, brakes and steering.

Those parts of a motor caravan, ambulance or hearse other than the driver's cabin shall be exempted from any requirement of this item if it can be demonstrated to the satisfaction of the Department that it is impossible for the vehicle to comply due to its special purpose.

An armoured vehicle shall be exempted from any requirement of this item if it can be demonstrated to the satisfaction of the Department that it is impossible for the vehicle to comply due to its special purpose.

Paragraph 2 shall not apply to -

(a) parts which protrude by less than 5.0 mm but by not less than 1.5 mm, if the outward facing angles of such parts are blunted and any parts which protrude by less than 1.5 mm;

(b) grilles such as air intakes, having gaps of not more than 40 mm but more than 25 mm, if they have radii of curvature of not less than 1 mm; and those having gaps of not more than 25 mm but more than 10 mm, if they have radii of curvature of not less than 0.5 mm; and those having gaps of not more than 10 mm, if they are blunted;

(c) windscreen, head lamp and rear window wiper blades and supports, provided that they are blunted;

(d) wheels, if there are no pointed or sharp features which project beyond the external plane of the wheel rim, no wing nuts are fitted above the horizontal plane passing through the axis of rotation of the wheels, and there are no projections beyond the vehicle body plan-form apart from tyres and wheel discs (including central wheel securing nuts), if the latter have a radius of curvature of not less than 30 mm and do not project by more than 30 mm beyond the vehicle body plan-form;

(e) sheet metal edges if they are folded back by about 180 degrees;

(f) folds in body panels;

(g) lateral air or rain deflectors, if their edges which are capable of being directed outwards have a radius of curvature of not less than 1 mm; and

(h) in the case of a Schedule 1 vehicle other than -

(i) an amateur-built vehicle,

(ii) a vehicle manufactured using parts of a registered vehicle, or

(iii) a rebuilt vehicle, any part of the external surface of the body (including without prejudice to the generality of this paragraph cosmetic features such as trim and badges) of the vehicle as originally manufactured, or as subsequently altered in a manner approved by the manufacturer, and which it is not reasonably practicable to remove.

19 Speedometers      1. The vehicle shall be fitted with a speedometer capable of indicating speed in mph at uniform intervals not exceeding 20 mph at all speeds up to the maximum speed of the vehicle and capable of being read by the driver at all times of the day or night.

     2. For all true speeds up to the design speed of the vehicle, the true speed shall not exceed the indicated speed.

     3. For all true speeds of between 25 mph and 70 mph (or the maximum speed if lower), the difference between the indicated speed and the true speed shall not exceed -

V/10 + 6.25 mph

where V = the true speed of the vehicle in mph.

In this item "maximum speed" has the meaning given in regulation 2(1) of the Construction and Use Regulations.

This item shall not apply to vehicles having a maximum speed of less than 25 mph.

20 Wiper and washer system      1. The vehicle shall be fitted with one or more wipers which, when switched on, operate automatically to clear the windscreen of water so that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet weather.

     2. The wiper or wipers shall have at least one operating frequency at which it or they shall operate continuously at no less than 45 cycles per minute.

     3. The wiper blade or blades shall return automatically to a position of rest which shall be at or beyond the outer edge of the area swept by the wiper and shall be capable of being displaced from this position on the windscreen to allow for windscreen cleaning.

     4. The vehicle shall be fitted with a windscreen washer system capable of cleaning, in conjunction with the wiper or wipers, the area of windscreen swept by the wiper or wipers.

     5. When this system is actuated with the nozzles plugged, it shall be capable of withstanding the pressures produced.

     6. The capacity of the liquid reservoir for this system shall not be less than 1 litre.

     This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions.

21 Defrosting and demisting system      1. The vehicle shall be equipped with a system for removing frost and ice from the glazed surfaces of the windscreen. This system shall be effective enough to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in cold weather.

     2. The vehicle shall be equipped with a system for removing mist from the interior glazed surface of the windscreen. This system shall be effective enough to ensure that the driver has an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, in wet and humid weather.

     This item shall not apply to vehicles not equipped with a windscreen through which the driver must look to obtain an adequate view of the road ahead, both directly in front of the vehicle and in front of both sides of the vehicle, from all normal seating positions.

22 Fuel input The vehicle shall be fitted with a fuel tank so constructed that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of not less than 23.6 mm without the aid of a device (such as a funnel) not fitted to the vehicle.      This item shall not apply to vehicles to which paragraph 2(c) or (d) in column 3 of item 4 (exhaust emissions) do not apply.

23 Design weights      1. The maximum gross weight of the vehicle shall be no less than the sum of the kerbside weight, and -

(a) in the case of a vehicle other than a motor caravan, 75 kg for each seat; and

(b) in the case of a motor caravan, 85 kg for each seat and 10 kg for each metre of the total length of the vehicle.

     2. For all vehicles -

(a) the sum of the maximum permitted axle weights must not be less than the maximum gross weight of the vehicle; and

(b) when the vehicle is loaded to its maximum gross weight by placing a weight of 68 kg in each seat and by distributing the remaining weight evenly in the areas designed to accommodate luggage (all in accordance with paragraph 2 of the Appendix to Directive 92/21/EEC as last amended by Directive 95/48/EC), the axle weight of each axle shall not exceed the maximum permitted axle weight; and

(c) when the vehicle is loaded to its maximum gross weight and, at the same time, its rear axle is loaded to its maximum permitted axle weight, the front axle weight shall not be less than 30% of the maximum gross weight.

For the purposes of this item -

"seat" means any seat, including the driver's seat, designed for use while the vehicle is travelling on the road.



24 General vehicle construction      1. All aspects of the design and construction of the vehicle and its equipment which are not covered by other subject matters in this Schedule, shall be such that no danger is caused or likely to be caused to any person in the vehicle or on a road.

     2. In particular, under all normal conditions likely to be encountered while the vehicle is being driven on a road, including when the vehicle is loaded to its maximum gross weight and the axle weight of any one axle equals its maximum permitted axle weight -

(a) it shall be possible to control the vehicle safely, taking account of the vehicle's speed and acceleration capabilities;

(b) it shall at all times be possible for the driver, while controlling the vehicle, to have a full view of the road and traffic ahead of the vehicle;

(c) the clearance between any of the following parts of the vehicle, namely the tyres, wheels, other rotating components associated with the transmission of engine power or braking, moveable parts of the steering mechanism and fixed parts shall be sufficient to ensure no risk of fouling and the wheels and wheel-fixings shall be compatible;

(d) the vehicle structure (chassis or integral chassis-body), shall be so designed and constructed as to withstand the forces and vibration to which it is likely to be subject;

(e) all entries and exits provided for the vehicle occupants (other than doors) shall be so designed as to allow easy and safe use;

(f) all aperture covers (other than doors) including tail gates, boot and bonnet lids, shall be capable of being securely latched in the fully closed position;

(g) the steering, suspension, axles and wheels shall be so designed, constructed and fitted as to withstand the forces and vibration to which they are likely to be subject;

(h) the fuel system, including the fuel tank, shall be so designed, constructed and fitted as to withstand the forces, vibration and corrosive environment to which it is likely to be subject. It shall also be so fitted as to avoid the risk of damage, such as abrasion, due to fouling of other parts, and to minimise the risk of fire in the event of any leakage of fuel. The fuel tank shall comply with regulation 46 of the Construction and Use Regulations, except that it need not be made of metal;

(i) the electrical system, including the battery, electrical components and wires, shall be securely attached to the vehicle. In particular, the maximum distance between attachments of wires, except those contained within hollow components, shall be 300 mm and wires shall be so fitted and protected as to avoid the risk of damage to insulation, such as abrasion. All components shall be so constructed and fitted as to minimise the risk of corrosion and fire.



APPENDIX TO SCHEDULE 2 (Item 7, Rear-view Mirrors)
Floor Marking 'B'


SCHEDULE 3Regulation 4(1)(b)

Approval requirements for relevant vehicles except Schedule 1 vehicles

(The expressions in bold type are defined in column 4)

1 2 3 4 5

Item Subject matter Design, construction and equipment requirements Definitions and supplementary provisions Exemptions and modifications

          (a) (b) (c)

          Date of manufacture of the vehicle Community Instrument ECE Regulation

3 Protective steering 1st July 1991

1st October 1996

Directive 74/297/EEC, Annex I, paragraphs 5 and 6

Directive 74/297/EEC as last amended by Directive 91/662/EEC, Annex I, paragraphs 5 and 6

12.01, paragraphs 5 and 6

12.03, paragraphs 5 and 6

     This item shall not apply to - (a) vehicles, the steering control of which has been specially constructed for the use of a person suffering from some physical defect or disability;

(b) ambulances, motor caravans and hearses (in each case) having a maximum gross weight of more than 2500 kg if the vehicle has been derived from a goods vehicle which either had a maximum gross weight of not less than 1500 kg or was manufactured before 1st October 1997; and

(c) armoured vehicles.

4 Exhaust emissions 1st January 1993

1st October 1994

Directive 70/220/EEC, as last amended by Directive 91/441/EEC, Annex I, paragraphs 5, 7 and 8 (applies only to passenger cars)

Directive 93/59/EEC, Annex I, paragraphs 5, 7 and 8 (applies only to vehicles other than (passenger cars)

83.01, paragraphs 5, 8 and 13

83.01, paragraphs 5, 8 and 13

For the purposes of this item - "passenger car" means a motor vehicle which - (a) is constructed or adapted to carry passengers and is not a goods vehicle;

(b) *has no more than 6 seats including the driver's seat; and

(c) has a maximum gross weight not exceeding 2500 kg.

*Note: (b) does not apply to vehicles manufactured after 1st January 2001.



     1st January 1997 Directive 94/12/EC, Annex I, paragraph 5 (applies only to passenger cars) 83.02 paragraph 5

     1st October 1998 (applies from this date to vehicles of category M1 other than passenger cars) Directive 96/69/EC, 83.03 paragraph 5 Annex I, paragraph 5

     1st October 1999 Directive 98/77/EC,Annex 1, paragraph 5 (applies to vehicles fuelled by liquid petroleum gas or compressed natural gas) 83.04 paragraph 5

     1st January 2001 (applies from this date to passenger cars) Directive 98/69/EC, Annex I, paragraph 5 (Phase 1 limits)                Does not apply until 1st January 2002 providing the vehicle is registered before that date.

     1st January 2002 (applies from this date to vehicles of category M1 other than (passenger cars)

1st January 2003 (until this date, a diesel passenger vehicle is

treated as a vehicle of category N1)1st January 2006 (applies from this date to passenger cars)

Directive 98/69/EC, Annex I, paragraph 5 (Phase 1 limits)

Directive 96/69/EC, Annex I, paragraph 5 (Phase 1 limits)

Directive 96/69/EC, Annex I, paragraph 5 (Phase 2 limits)

     "Diesel passenger vehicle" means a vehicle of category M1 the maximum mass of which exceeds 2000kg, fitted with a compression ignition engine which is -

(a) constructed or adapted to carry more than 6 occupants, including the driver; or

(b) an off-road vehicle as defined in Annex II to the 1970 Directive.

Does not apply until 1st January 2003 providing the vehicle is registered before that date.

          1st January 2007 (applies from this date to vehicles of category M1 other than passenger cars) Directive 98/69/EC, Annex I, paragraph 5 (Phase 2 limits)

8 Anti-theft devices 1st October 1998 Directive 74/61/EEC as amended by Directive 95/56/EC, Annex V (electronic immobiliser) and Annex VI (alarm system) 18.02, paragraph 7 and 97.01, paragraphs 5, 6 and 7 (alarm system) and paragraphs 31, 32 and 33 (immobiliser)

10 Seat belt anchorages 1st July 1991

1st July 1997

Directive 76/115/EEC as last amended by:

Directive 82/318/EEC, Annex I, paragraphs 4 and 5

Directive 90/629/EEC, Annex I, paragraphs 4 and 5

14.02, paragraphs 5, 6 and 7

14.03, paragraphs 5, 6 and 7



11 Installation of seat belts 1st July 1997

1st October 1999

Directive 77/541/EEC as last amended by: Directive 90/628/EEC, Annex I, paragraphs 3.1 to 3.1.9

Directive 96/36/EC, Annex 1, paragraphs 3.1 to 3.1.10 and 3.1.11 and 3.1.12

16.04, (supplement 8) paragraphs 8.1 to 8.1.10.3 and 8.1.11 to 8.1.12 "disabled person's belt" has the same meaning as in regulation 55(11) of the Construction and Use Regulations. The requirements shall not apply in relation to a seat fitted to a disabled person's vehicle if the vehicle is fitted with a disabled person's belt for that seat.

12 Brakes 1st April 1995 Directive 71/320/EEC as last amended by: Directive 91/442/EEC, Annex I, paragraph 2 13.06, paragraph 5

          1st October 1999

31st March 2001

Directive 91/12/EC, Annex I, paragraph 2.1.1.3 (Requirements for asbestos- free brake linings only)

Directive 98/12/EC, Annex I, paragraph 2 (all requirements)

13.09, paragraph 5.1.1.3 or 13H, paragraph 5.1.1.3 (Requirements for asbestos- free brake linings only) 13.09, paragraph 5 or 13H, paragraph 5 (all requirements)

13 Noise and silencers 1st July 1991

1st January 1997

Directive 70/157/EEC as last amended by: Directive 84/424/EEC, Annex I, paragraph 5

Directive 92/97/EEC or 96/20/EC, Annex I, paragraph 5

51.01, paragraph 5

51.02, paragraph 5



26 Carbon dioxide emissions and fuel consumption 1st January 1997 Directive 80/1269/EEC as last amended by Directive 93/116/EEC, 101, paragraph 5

               Annex I, paragraph 5

27 Frontal impact 1st October 2003 Directive 96/79/EC, Annex II, paragraph 3 94.01, paragraph 5

28 Side impact 1st October 2003 Directive 96/27/EC, Annex II, paragraph 3 95.01, paragraph 5

SCHEDULE 4Regulation 8

Form of Department's approval certificate

     NORTHERN IRELAND TYPE APPROVAL

DEPARTMENT'S APPROVAL CERTIFICATE

    issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 by virtue of the Motor Vehicles (Approval) Regulations (Northern Ireland) 2001

The motor vehicle having the identification/chassis number:



having been examined under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981, it is hereby certified that on the date of the examination this vehicle complied with the relevant requirements prescribed under Article 31A(1) of the Road Traffic (Northern Ireland) Order 1981.

Make:

Model:

Class Code:

Category:

Fuel type e.g. (Petrol/Diesel/Gas Bi-fuel):

Design Weights:

Axle 1
kg

Axle 2
kg

Axle 3
kg

Gross Weight
kg

Train Weight
kg

Signed by authority of the Department:

CO2: HC: Name in CAPITALS:

Test Centre:

Date of Issue:

Serial Number: AA

Authentication Stamp:

SCHEDULE 5Regulation 2(6)

Community Instruments and ECE Regulations

Part I
References to Community Instruments
     l. - (1) The Directives referred to in these Regulations are set out in Part II of this Schedule; those marked with an asterisk are Commission Directives, those marked with a cross are Directives of the European Parliament and the Council and the other Directives are Council Directives.

    (2) A reference in these Regulations to a Directive shown in column 2 of Part II of this Schedule as last amended by a Directive shown in column 3 against that Directive shall be read as follows.

    (3) The reference shall be read as a reference to the Directive shown in column 2 as amended by the Directives shown in column 3 against that Directive down as far as (and including) the Directive referred to as the last amending Directive.

     2. - (1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3, it shall nevertheless be regarded as complying with that item if -

(a) that item contains a reference to a Directive ("the base Directive") not followed by the words "as last amended by"; and

(b) the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown against the base Directive in column 3 of Part II of this Schedule.

    (2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3, it shall nevertheless be regarded as complying with that item if -

(a) that item contains a reference to a Directive ("the base Directive") as last amended by another Directive ("the amending Directive"); and

(b) the vehicle would comply with that item were there substituted for that reference, a reference to the base Directive as last amended by a Directive shown -

(i) against the base Directive, and

(ii) below the amending Directive in column 3 of Part II of this Schedule.

References to ECE Regulations
     3. - (1) A reference in these Regulations to an ECE Regulation followed by a number which is not itself followed by a full-stop and 2 digits (for example "ECE Regulation 30") shall be read as a reference to the ECE Regulation of that number which came into force on the date shown against that number in column 4 of Part III of this Schedule.

    (2) A reference in these Regulations to an ECE Regulation followed by a number which is itself followed by a full-stop and 2 digits (for example "ECE Regulation 30.01") shall be read as a reference to the ECE Regulation of that number with the amendments in force on the dates shown against the number in column 4 of Part III of this Schedule.

     4. - (1) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3, it shall nevertheless be regarded as complying with that item if -

(a) that item contains a reference to an ECE Regulation ("the base Regulation") that is not followed by a full-stop and 2 digits; and

(b) the vehicle would comply with that item were there substituted for that reference, a reference to an entry in column 3 of Part III of this Schedule shown against that Regulation.

    (2) For the purposes of these Regulations, where a vehicle does not comply with an item in Schedule 2 or 3, it shall nevertheless be regarded as complying with that item if -

(a) that item contains a reference to an ECE Regulation ("the base Regulation") that is followed by a full-stop and 2 digits; and

(b) the vehicle would comply with that item were there substituted for that reference, a reference to an entry in column 3 of Part III of this Schedule shown -

(i) against that Regulation, and

(ii) below the entry in that column for that ECE Regulation and those 2 digits.

     5. In these Regulations, "ECE Regulation" means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958[17] as amended[18]to which the United Kingdom is a party[19].

Part II
References to Community Directives

References in Schedule 2

(1) (2) (3) (4)

Subject matter of Directive Principal Directive Amending Directive Official Journal reference

Radio interference suppression 72/245/EEC

89/491/EEC*

95/54/EC

L152, 6.7.72, p. 15

L238, 15.8.89, p. 43

L226, 8.11.95, p. 1

Protective steering 74/297/EEC

91/662/EEC*

L165, 20.6.74, p. 16

L366, 31.12.91, p. 1

Diesel smoke 72/306/EEC      L190, 20.8.72, p. 1

Roadworthiness 77/143/EEC

88/449/EEC

91/225/EEC

91/328/EEC

92/55/EEC

L47, 18.2.77, p. 47L222,12.8.88, p. 10

L103, 24.4.91, p. 3

L178, 6.7.91, p. 29

L225, 10.8.92, p. 68

Rear view mirrors 71/127/EEC

79/795/EEC*

85/205/EEC*

86/562/EEC*

88/321/EEC*

L68, 22.3.71, p. 1L239, 22.9.79, p. 1

L90, 29.3.85, p. 1

L327, 2.11.86, p. 49

L147, 14.6.88, p. 77

Seat belt anchorages 76/115/EEC

81/575/EEC

82/318/EEC*

90/629/EEC*

96/38/EC*

L24, 30.1.76, p. 6

L209, 29.7.81, p. 30

L139, 19.5.82, p. 9

L341, 6.12.90, p. 14

L187, 26.7.96, p. 95

Seat belts 77/541/EEC

81/576/EEC

82/319/EEC*

90/628/EEC*

96/36/EC*

L220, 29.8.77, p. 95

L209, 29.7.81, p. 32

L139, 19.5.82, p. 17

L341, 6.12.90, p. 1

L178, 17.7.96, p. 15

Braking 71/320/EEC

74/132/EEC*

75/524/EEC*

79/489/EEC*

85/647/EEC*

88/194/EEC*

91/422/EEC*

98/12/EC*

L202, 6.9.71, p. 37

L74, 19.3.74, p. 7

L236, 8.9.75, p. 3

L128, 26.5.79. p. 12

L38, 31.12.85, p. 1

L92, 9.4.88, p. 47

L233, 22.9.91, p. 21

L81, 18.3.98, p. 1

Braking of 2/3 wheeled vehicles 93/14/EEC      L121, 15.5.93, p. 1

Seat strength 74/408/EEC

81/577/EEC

96/37/EC*

L221, 12.8.74, p. 1

L209, 29.7.81, p. 34

L187, 25.7.96, p. 28

Tyres 92/23/EEC      L129, 14.5.92, p. 95

Interior fittings 74/60/EEC

78/632/EEC*

L38, 11.2.74, p. 2

L206, 29.7.78, p. 26

Forward vision 77/649/EEC

81/643/EEC*

88/366/EEC*

90/630/EEC*

L267, 19.10.77, p. 1

L231, 15.8.81, p. 41

L181, 12.7.88, p. 40

L341, 6.12.90, p. 20

External projections 74/483/EEC

79/488/EEC*

L266, 2.10.74, p. 4

L128, 26.5.79, p. 1

Masses and dimensions 92/21/EEC

95/48/EC*

L129, 14.5.92, p. 1

L233, 30.9.95, p. 73

References in Schedule 3

(1) (2) (3) (4)

Subject matter of Directive Principal Directive Amending Directive Official Journal reference

Protective steering 74/297/EEC

91/662/EEC*

L165, 20.6.74, p. 16

L366, 31.12.91, p. 1

Exhaust emissions 70/220/EEC

91/441/EEC

93/59/EEC

94/12/EC+

96/69/EC+

98/77/EC+

98/69/EC+

L76, 6.4.70, p. 1

L242, 30.8.91, p. 1

L186, 28.7.93, p. 21

L100, 19.4.94, p. 42

L282, 1.11.96, p. 64

L286, 23.10.98, p. 34

L350, 28.12.98, p. 1

Anti-theft devices 74/61/EEC

95/56/EC*

L38, 11.2.70, p. 22

L286, 29.11.95, p. 1

Seat belt anchorages 76/115/EEC

82/318/EEC*

90/629/EEC*

96/38/EC*

L24, 30.1.76, p. 1

L139, 19.5.82, p. 9

L341, 6.12.90, p. 14

L187, 26.7.96, p. 95

Seat belts 77/541/EEC

90/628/EEC

96/36/EC*

L220, 29.8.77, p. 45

L341, 6.12.90, p. 1

L178, 17.7.90, p. 15

Braking 71/320/EEC

91/422/EEC*

98/12/EC*

L202, 6.9.71, p. 37

L238, 27.8.91, p. 25

L81, 18.3.98, p. 1

Noise and silencers 70/157/EEC

84/424/EEC

92/97/EEC

L42, 23.2.70, p. 16

L238, 6.9.84, p. 31

L371, 19.12.92, p. 1

Carbon dioxide emissions and fuel consumption 80/1268/EEC

93/116/EC*

L375, 31.12.80, p. 46

L329, 30.12.93, p. 39

Frontal impact Side impact      96/79/EC+

96/27/EC+

L18, 21.1.97, p.7

L169, 8.7.96, p. 1

Part III
References to ECE Regulations

References in Schedule 2

(1) (2) (3) (4)

Subject matter of Regulation ECE Regulation Amending Series Date

Radio interference suppression 10 10.01

10.02

17 Dec. 1968

23 June 1978

3 Sept. 1997

Rear reflectors 3

    3.01

3.02

1 Nov. 1963

18 Aug. 1982

11 July 1985

Rear view mirrors 46

46.01

29 Sept. 1975

5 Oct. 1987

Tyres 30

30.01

30.02

1 April 1975

10 Oct. 1977

21 April 1981

References in Schedule 3

(1) (2) (3) (4)

Subject matter of Regulation ECE Regulation Amending Series Date

Protective steering 12

    12.01

12.02

12.03

1 June 1969

8 Oct. 1980

14 Nov. 1982

24 Aug. 1993

Exhaust emissions 83

    83.01

83.02

83.04

5 Nov. 1989

30 Dec. 1992

7 Dec. 1996

13 Nov. 1999

Anti-theft devices 18

18.02

1 March 1971

3 Sept. 1997

Alarm systems 97

97.01

1 Jan. 1996

13 Jan. 2000

Seat belt anchorages 14

14.02

14.03

14.04

14.05

1 April 1970

22 Nov. 1984

29 Jan. 1992

18 Jan. 1998

4 Feb. 1999

Seat belts 16

16.04

1 Dec. 1970

22 Dec. 1985

Braking 13

    13.06

13.07

13.08

13.09

13H

1 June 1970

22 Nov. 1990

18 Sept. 1994

26 March 1995

28 Aug. 1996

11 May. 1998

Noise and silencers 51

    51.01

51.02

15 July 1982

27 April 1988

18 April 1995

Carbon dioxide emissions from fuel consumption 101      1 Jan. 1997

Frontal impact 94

94.01

    1 Oct.1995

2 Aug. 1998

Side impact 95

95.01

6 July 1995

12 Aug. 1998

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations establish a statutory system for approving the construction of single vehicles before they enter into service.

The Regulations apply to passenger vehicles and dual-purpose vehicles constructed to carry no more than 8 passengers excluding the driver (equivalent to EC category M1) and certain 3-wheeled vehicles having a maximum unladen weight of more than 410 kg (i.e. not motorcycles).

Part II concerns the approval requirements. Regulation 3 defines the vehicles to which these apply, by reference to the Regulations concerning national (Northern Ireland) type approval. Regulation 4 specifies two sets of approval requirements, namely basic requirements (Schedule 2) and as from 1st August 2001, enhanced requirements (Schedule 3). However, the special classes of vehicle specified in Schedule 1 need only comply with the basic requirements. Regulation 4(2) provides that until 1st August 2001 persons applying for the approval of category M1 vehicles may opt for them to be subject to the enhanced requirements, and regulation 4(7) provides for the recognition of equivalent approvals granted in other EEA States.

Part III deals with administrative arrangements. Regulation 5 relates to applications to the Department for a Department's approval certificate and regulation 6 provides for the assignment of vehicle identification numbers to vehicles which do not have a number which meets the requirements in regulation 6(1).

The procedure for appeals under Article 31C of the Road Traffic (Northern Ireland) Order 1981 by persons aggrieved by a determination made on behalf of the Department following an application under regulation 5 is governed by regulation 7.

The form of a Department's approval certificate is prescribed by regulation 8 and Schedule 4. Regulation 9 provides for the issue of replacement certificates. Regulation 10 requires notices under the Regulations to be given in writing and permits them to be given by post.

Regulation 12 provides that a licence under the Vehicle Excise and Registration Act 1994 is not to be granted in respect of a vehicle to which regulation 11 applies unless, in the first application made for it after the relevant appointed day, there is produced evidence that a certificate (or certificates) is in force for the vehicle under Article 31A of the Road Traffic (Northern Ireland) Order 1981 from which it appears that the vehicle complies with the approval requirements.

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1988 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

Copies of the EEC and EC Directives and ECE Regulations referred to in these Regulations may be obtained from The Stationey Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.

Notes:

[1] S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of "Department"; Articles 31A, 31D and 31E were inserted by S.I. 1985/755 (N.I. 6), Article 3 and amended by S.R. 1993 No. 246, regulations 4, 5 and 6 respectively back
[2] O.J. No. L42, 23.2.70, p. 1 back
[3] O.J. No. L91, 25.3.98, p. 1 back
[4] S.R. 1985 No. 294; relevant amending Regulations are S.R. 1987 No. 389, S.R. 1988 No. 405, S.R. 1990 No. 84, S.R. 1991 No. 408, S.R. 1992 Nos. 86 and 508, S.R. 1995 No. 38, S.R. 1996 No. 156 and S.R. 1999 No. 234 back
[5] S.R. 1999 No. 454 back
[6] Cm 2073 and 2183 back
[7] S.R. 2000 No. 169 back
[8] 1994 c. 22 back
[9] S.R. 2001 No. 170 back
[10] Paragraph (1A) was inserted by S.R. 1992 No. 508, regulation 2(2)(b); amended by S.R. 1995 No. 38, regulation 4(2) and substituted by S.R. 1999 No. 234, regulation 3(2)back
[11] O.J. No. L24, 18.12.75, p. 1 back
[12] O.J. No. L155, 19.5.78, p. 31 back
[13] 1952 c. 67; see sections 10 and 12 back
[14] S.I. 1995/2994 (N.I. 18)back
[15] 1995 c. 50 back
[16] S.I. 1994/3117 back
[17] Cmnd 2535 back
[18] Cmnd 3562 back
[19] By an instrument of accession dated the 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963 back

ISBN 0-337-23673-9

© Crown copyright 2001
Prepared 2 May 2001

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Motor Vehicles (Approval) Regulations (Northern Ireland) 2001 No. 172 URL: http://www.bailii.org/nie/legis/num_reg/2001/20010172.html

(1)	(2)	(3)
Item	Class of vehicle	Letter
1.	Left-hand drive vehicle	N
2.	Personally imported vehicle	P
3.	Amateur-built vehicle	A
4.	Vehicle manufactured in very low volume	L
5.	Vehicle manufactured using parts from a registered vehicle	C
6.	Disabled person's vehicle	D
7.	Rebuilt vehicle	S
8.	Motor caravan, ambulance or hearse	M
9.	Armoured vehicle	T
10.	Vehicle not falling within any of the preceding classes specified in this Table	R
11.	Vehicle which meets the condition set out in regulation 4(7)(c)	E

1	2	3			4	5
Item	Subject matter	Design, construction and equipment requirements			Definitions and supplementary provisions	Exemptions and modifications
		(a)	(b)	(c)
		Date of manufacture of the vehicle	Community Instrument	ECE Regulation
3	Protective steering	1st July 1991 1st October 1996	Directive 74/297/EEC, Annex I, paragraphs 5 and 6 Directive 74/297/EEC as last amended by Directive 91/662/EEC, Annex I, paragraphs 5 and 6	12.01, paragraphs 5 and 6 12.03, paragraphs 5 and 6		This item shall not apply to - (a) vehicles, the steering control of which has been specially constructed for the use of a person suffering from some physical defect or disability; (b) ambulances, motor caravans and hearses (in each case) having a maximum gross weight of more than 2500 kg if the vehicle has been derived from a goods vehicle which either had a maximum gross weight of not less than 1500 kg or was manufactured before 1st October 1997; and (c) armoured vehicles.
4	Exhaust emissions	1st January 1993 1st October 1994	Directive 70/220/EEC, as last amended by Directive 91/441/EEC, Annex I, paragraphs 5, 7 and 8 (applies only to passenger cars) Directive 93/59/EEC, Annex I, paragraphs 5, 7 and 8 (applies only to vehicles other than (passenger cars)	83.01, paragraphs 5, 8 and 13 83.01, paragraphs 5, 8 and 13	For the purposes of this item - "passenger car" means a motor vehicle which - (a) is constructed or adapted to carry passengers and is not a goods vehicle; (b) has no more than 6 seats including the driver's seat; and (c) has a maximum gross weight not exceeding 2500 kg. Note: (b) does not apply to vehicles manufactured after 1st January 2001.
	1st January 1997	Directive 94/12/EC, Annex I, paragraph 5 (applies only to passenger cars)	83.02 paragraph 5
	1st October 1998 (applies from this date to vehicles of category M1 other than passenger cars)	Directive 96/69/EC,	83.03 paragraph 5 Annex I, paragraph 5
	1st October 1999	Directive 98/77/EC,Annex 1, paragraph 5 (applies to vehicles fuelled by liquid petroleum gas or compressed natural gas)	83.04 paragraph 5
	1st January 2001 (applies from this date to passenger cars)	Directive 98/69/EC, Annex I, paragraph 5 (Phase 1 limits)				Does not apply until 1st January 2002 providing the vehicle is registered before that date.
	1st January 2002 (applies from this date to vehicles of category M1 other than (passenger cars) 1st January 2003 (until this date, a diesel passenger vehicle is	treated as a vehicle of category N1)1st January 2006 (applies from this date to passenger cars)	Directive 98/69/EC, Annex I, paragraph 5 (Phase 1 limits) Directive 96/69/EC, Annex I, paragraph 5 (Phase 1 limits) Directive 96/69/EC, Annex I, paragraph 5 (Phase 2 limits)		"Diesel passenger vehicle" means a vehicle of category M1 the maximum mass of which exceeds 2000kg, fitted with a compression ignition engine which is - (a) constructed or adapted to carry more than 6 occupants, including the driver; or (b) an off-road vehicle as defined in Annex II to the 1970 Directive.	Does not apply until 1st January 2003 providing the vehicle is registered before that date.
		1st January 2007 (applies from this date to vehicles of category M1 other than passenger cars)	Directive 98/69/EC, Annex I, paragraph 5 (Phase 2 limits)
8	Anti-theft devices	1st October 1998	Directive 74/61/EEC as amended by Directive 95/56/EC, Annex V (electronic immobiliser) and Annex VI (alarm system)	18.02, paragraph 7 and 97.01, paragraphs 5, 6 and 7 (alarm system) and paragraphs 31, 32 and 33 (immobiliser)
10	Seat belt anchorages	1st July 1991 1st July 1997	Directive 76/115/EEC as last amended by: Directive 82/318/EEC, Annex I, paragraphs 4 and 5 Directive 90/629/EEC, Annex I, paragraphs 4 and 5	14.02, paragraphs 5, 6 and 7 14.03, paragraphs 5, 6 and 7
11	Installation of seat belts	1st July 1997 1st October 1999	Directive 77/541/EEC as last amended by: Directive 90/628/EEC, Annex I, paragraphs 3.1 to 3.1.9 Directive 96/36/EC, Annex 1, paragraphs 3.1 to 3.1.10 and 3.1.11 and 3.1.12	16.04, (supplement 8) paragraphs 8.1 to 8.1.10.3 and 8.1.11 to 8.1.12	"disabled person's belt" has the same meaning as in regulation 55(11) of the Construction and Use Regulations.	The requirements shall not apply in relation to a seat fitted to a disabled person's vehicle if the vehicle is fitted with a disabled person's belt for that seat.
12	Brakes	1st April 1995	Directive 71/320/EEC as last amended by: Directive 91/442/EEC, Annex I, paragraph 2	13.06, paragraph 5
		1st October 1999 31st March 2001	Directive 91/12/EC, Annex I, paragraph 2.1.1.3 (Requirements for asbestos- free brake linings only) Directive 98/12/EC, Annex I, paragraph 2 (all requirements)	13.09, paragraph 5.1.1.3 or 13H, paragraph 5.1.1.3 (Requirements for asbestos- free brake linings only) 13.09, paragraph 5 or 13H, paragraph 5 (all requirements)
13	Noise and silencers	1st July 1991 1st January 1997	Directive 70/157/EEC as last amended by: Directive 84/424/EEC, Annex I, paragraph 5 Directive 92/97/EEC or 96/20/EC, Annex I, paragraph 5	51.01, paragraph 5 51.02, paragraph 5
26	Carbon dioxide emissions and fuel consumption	1st January 1997	Directive 80/1269/EEC as last amended by Directive 93/116/EEC,	101, paragraph 5
			Annex I, paragraph 5
27	Frontal impact	1st October 2003	Directive 96/79/EC, Annex II, paragraph 3	94.01, paragraph 5
28	Side impact	1st October 2003	Directive 96/27/EC, Annex II, paragraph 3	95.01, paragraph 5