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United Kingdom Statutory Instruments
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2004 No. 623

ROAD TRAFFIC

The Motor Vehicles (Approval) (Amendment) Regulations 2004

  Made 8th March 2004 
  Laid before Parliament 9th March 2004 
  Coming into force 1st April 2004 

The Secretary of State for Transport, in exercise of the powers conferred by sections 54, 61, 63 and 66 of the Road Traffic Act 1988[1] and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Motor Vehicles (Approval)(Amendment) Regulations 2004 and shall come into force on 1st April 2004.

Preliminary
     2. The Motor Vehicles (Approval) Regulations[2] shall have effect with the following amendments.

Amendment of Regulation 3 (Interpretation)
     3.  - (1) Regulation 3(1) shall be amended as follows.

    (2) In the appropriate alphabetical position insert the following definitions - 

Amendment of Regulation 5 (Approval requirements for relevant vehicles)
     4.  - (1) Regulation 5 shall be amended as follows.

    (2) For paragraph (2) there shall be substituted the following paragraph - 

    (3) For paragraph (8) there shall be substituted the following paragraph - 

    (4) After paragraph (8) there shall be inserted the following paragraph - 

Amendment of Regulation 6 (Application for Minister's approval certificate)
     5.  - (1) Regulation 6 shall be amended as follows.

    (2) In paragraph (1) for the second word "for" there shall be substituted the word "of".

    (3) For sub-paragraph 6 (b)(ii) there shall be substituted the following sub-paragraph - 

Amendment of Regulation 11 (form of certificate)
     6. For the Table in regulation 11, there shall be substituted the following Table.


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. Rebuilt vehicle S
7. Motor caravan, ambulance or hearse M
8. Armoured vehicle T
9. Vehicle not falling within any of the preceding classes specified in this Table R
10. Disabled person's vehicle D
11. Vehicle which meets the condition set out in regulation 5(8)(c) E

Amendment of Schedule 2
     7.  - (1) Schedule 2 shall be amended as follows.

    (2) Sub-paragraph 1(f) shall be deleted.

    (3) After sub-paragraph 2(1) there shall be inserted the following sub-paragraph - 

    (4) After sub-paragraph 2(5) there shall be inserted the following definition - 

    (5) Paragraph 6 shall be deleted.

Amendment of Schedule 3
     8. For the Table in Schedule 3, there shall be substituted the Table set out in Schedule 1 of these Regulations.

Amendment of Schedule 4
     9. For the Table in Schedule 4, there shall be substituted the Table set out in Schedule 2 of these Regulations.

Amendment of Schedule 5
     10. For the certificate in Schedule 5, there shall be substituted the certificate set out in Schedule 3 of these Regulations.

Amendment of Schedule 6
     11.  - (1) In part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 3 shall be inserted the entries specified below.

    (2) In Part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 4 shall be inserted the entries specified below.

    (3) In Part III of Schedule 6, in the third and fourth columns of the Table, for the references to ECE regulation in Schedule 4, shall be inserted the entry specified below.



Signed by authority of the Secretary of State


David Jamieson
Parliamentary Under Secretary of State, Department for Transport

8th March 2004



SCHEDULE 1
Regulation 5(1)(a)


APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES (REPLACING SCHEDULE 3)


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 designed so as to allow easy and safe use. Doors fitted to the side of a vehicle shall have both intermediate and fully latched positions. 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. Door latches shall be designed to prevent the doors from opening accidentally.

 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 which 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 300mm distant from the longitudinal plane passing through the nearest edge of such a seat.
               2. Where hinges are used on doors fitted to the side of a vehicle, other than folding doors, 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.

      The latching requirements in paragraphs 1 and 3 shall not apply to any power-operated door 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.
               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 (ie 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) above,the requirement need be met only with the bolt in place.

          
2 Radio-interference suppression The vehicle shall comply with the requirements of paragraph 6.1 of Annex 1 to Directive 72/245/EEC as 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 165mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5mm.

     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 1 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 1 of Directive 74/297/EEC.

 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 manufactured before 1 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;

    (b) ambulances, motor caravans and hearses (in each case) having a maximum gross weight of more than 2,500 kg if the vehicle has been derived from a goods vehicle either having a maximum gross weight of not less than 1,500 kg or manufactured before 1st October 1997; and

    (c) armoured vehicles.

If a disabled person's vehicle had been adapted, then the requirements of this item shall not apply to the vehicle insofar as the adaptation prevents the vehicle from complying with any of the requirements of this item.

Paragraph 1 shall not apply to any vehicle if:

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

    (b) the driver's air bag was fitted at the time the vehicle was manufactured; and

    (c) all parts of the steering control are blunted,

except that this exemption shall not apply to:

      (i) an amateur built vehicle;

      (ii) a vehicle manufactured in very low volume;

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

    and

      (iv) a rebuilt vehicle.

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

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

    (b) the switch is blunted;

except that this exemption shall not apply to

      (i) an amateur-built vehicle;

      (ii) a vehicle manufactured in very low volume;

      (iii) a vehicle manufactured using parts of a registered vehicle; and

      (iv) a rebuilt vehicle.
4 Exhaust emissions      1. The vehicle shall not emit any avoidable smoke or avoidable visible vapour.

     2. When the engine by which the vehicle 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 not being a vehicle to which sub-paragraph (c) or (d) below 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 a load at a rotational speed of 2,000 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 7 of Schedule 2 to these Regulations, 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" means the emission publication as defined in sub-paragraph 7(b) of Schedule 7B of the Construction and Use Regulations;

"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 2,500 and 3,000 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" means - 

    (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.

 For the purposes of this item, a vehicle that can be fuelled with both petrol and gaseous fuel, shall be regarded as a vehicle that can only be fuelled with a gaseous fuel, so long as:

      (i) the petrol system is fitted for emergency purposes only, and

      (ii) the petrol tank cannot contain more than 15 litres of petrol.

This item shall not apply to vehicles with an internal combustion engine, if the internal combustion engine is used to generate electricity to propel the vehicle.

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 shall not apply to vehicles propelled by a 2-stroke engine.

Paragraph 2(c) shall not apply to:

      (i) a passenger car having an effective date on or after 1st August 1992 and before 1st August 1995;

      (ii) any other vehicle having four or more wheels and an effective date on or after 1st August 1994 and before 1st August 1997;

    if the passenger car or other vehicle was not on the effective date, equipped with a catalyst exhaust emissions system, in which case paragraph 2(b) will apply.

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 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 1 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;

"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 11, 12, 13, 14, 15, 16, 17, 19 or 20 of the Lighting Regulations; or

    (b) regulation 18 of those Regulations except in so far as it requires a vehicle - 

      (i) to comply with paragraph 12(c) of Part 1 of Schedule 4 to those Regulations; and

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

 For the purpose 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 - 

    "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 of 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 coefficient of luminous intensity, of the instrument to which the standard mark (or as the case may be one of those standard marks) relates.

This item, in so far as it requires compliance with regulation 14 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) in Part 1 of Schedule 7 of 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. The vehicle 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 3(2) of the Lighting Regulations;

"floor marking A"", "floor marking B" and "floor marking C" mean the lines shown as such in the Appendices 1 and 2 to this Schedule;

"longitudinal plane" has the meaning given in regulation 3(2) 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 Appendices 1 and 2 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 Appendices 1 and 2 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 Appendices 1 and 2 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) above 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 alength 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 Appendices 1 and 2 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 vibrate 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 waight exceeding 2,500 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 2,000 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 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 (eg 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 a relevant vehicle which is not a Schedule 2 vehicle, if it was manufactured after 30th September 1998.
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 regulation 47(7) of Construction and Use Regulations to the extent (if any) that it would apply were the said paragraph 7 to apply to all motor vehicles.

     2. he vehicle is fitted with one or more ve belts, such belt shall - 

    (a) bear a mark as described in regulation 47(4)(c)(i) of the Construction and Use Regulations; or

    (b) meet the requirements referred to in regulation 47(4)(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 47(4)(c)(ii) of the Construction and Use Regulations; or

    (b) meet the requirements referred to in regulation 47(4)(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 47(8) 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 any non-bodied three-wheeled vehicle.

This item shall not apply to a vehicle which is not a Schedule 2 vehicle, if it was manufactured after 30th June 1997.

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, disabled person's belt or any part of an adult belt or a disabled person's 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, provided that for paragraph 4.4.1 there shall be substituted

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

     4. The vehicle shall meet strength characteristics equivalent to those needed to satisfy the requirements of paragraph 5 of Annex I to Directive 76/115/EEC, as last amended by Directive 82/318.

 For the purposes of this item - 

    "adult belt", has the same meanings as in item 9;

"disabled person's belt", has the same meanings as in regulation 47(8) of the Construction and Use Regulations.

 This item shall not apply to any non-bodied three-wheeled vehicle.

This item shall not apply to a disabled person's vehicle which is not a Schedule 2 vehicle, except for those anchorages fitted after the manufacture of the vehicle.

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 Secretary of State 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 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 above, 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 above, it shall be fitted with a harness belt, a lap belt, a passive belt or a 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 (eg 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 1 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 47(8) 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 2 to these Regulations - 

      (i) if the vehicle 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.

 This item shall not apply to any non-bodied three-wheeled vehicle.

This item shall not apply to a relevant vehicle which is not a Schedule 2 vehicle, if it was manufactured after 30th June 1997, except that this exemption shall not apply to a seat belt which has been fitted to an anchorage during the course of a vehicle being adapted to become a disabled person's vehicle.

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 1988".

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 or 3 if it can be demonstrated to the satisfaction of the Secretary of State 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 paragraph 2.1 and 2.2 of Annex 1 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;

    (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; and

    (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 Directive 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

      (i) in the case of a passenger vehicle, 60%; or

      (ii) in the case of a goods vehicle, 50%

    (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

      (i) in the case of a passenger vehicle, 30% when the force applied is 50kg; or

      (ii) in the case of a goods vehicle, 25% when the force applied is 70kg.

      (c) 18% for the parking braking.

 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 Directive 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 of 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 meaning 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, with the fuel tanks full, and having a spare wheel and a tool-kit;

    (b) carrying a driver weighing 68kg; 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.

 This item shall not apply to a relevant vehicle which is not a schedule 2 vehicle, if it was manufactured after 31st March 1995, except that this exemption shall not apply to the braking system of a disabled person's vehicle if it has been adapted.

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, so long as the vehicle is adapted for a disabled driver to enable him 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 more than 3 wheels, paragraph 5 (b) shall have effect (in the case of a vehicle having a secondary brake operated by a means other than a foot control) as if for "50kg" and "70kg" respectively there were substituted "40kg" and "60kg".

In relation to vehicles having not more than three wheels, paragraph 5 shall have effect as if for "60%" and "30%" there were substituted "50%" and "25%" respectively, for "50 kg" and "70 kg" there were substituted "40" kg, if a control other than a foot control is used to apply the secondary braking.

Paragraph 7 shall not apply to a vehicle if the brakes acting on its rear wheels are fitted with an anti-lock device and were so fitted at the time of its manufacture except that this exemption shall not apply to: (i) an amateur-built vehicle, (ii) a vehicle manufactured using parts of a registered vehicle, and (iii) a rebuilt vehicle.
               6. The lateral brake distribution for the service braking shall - 

    (a) in relation to each steering axle; and

    (b) for all values of total breaking 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.

          
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 31 and 32 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 32(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 of the vehicle;

"safety glazing" has the same meaning as in regulation 32(13) 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 32(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 32(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 a window of an armoured vehicle, the requirements of regulation 32(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 disabled person, so long as such a seat is securely attached to the 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 or 54.

     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 (eg 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 purpose of this item - 

    "BS AU 144e-1988" has the same meaning as in the Motor Vehicles Tyres (Safety) Regulations 1994[5];

"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 165mm diameter and which is within the specified zone, shall include any fittings (eg 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 9.5mm from the surface of the panel, can be contacted by a sphere of 165mm 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 40kg is applied to them.

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

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

     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 3.2mm on surfaces which can be contacted by a sphere of 165mm diameter.

     6. Shelves and other similar items fitted below the level of the highest part of the instrument panel 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 25mm high with edges rounded to a radius of curvature of not less than 3.2mm. 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 of165mm 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 5mm. 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 19mm.

 Forthe 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 2.5mm, except in the case of projections of less than 3.2mm 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 150mm 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 a goods vehicle.

This item shall not apply to any area inside a motor caravan, an 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 Secretary of State that it is impossible for the vehicle to comply due to its special purpose.

Paragraph 1 shall not apply to:

    (a) the edges of any interior fitting (if there is a gap of less than 20 mm wide between the edges);

    (b) any heating or ventilation grill element; or

    (c) any control mounted on the heating or ventilation grill element area; so long as they are blunted.

Paragraph 1 shall not apply to foot pedal controls.

Paragraphs 1 and 2 shall not apply to any switches, controls or associated equipment designed for the use by a disabled person and fitted in a disabled person's vehicle so long as any edges are blunted.

Paragraph 4 shall not apply to any seat designed for a disabled person 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 any vehicle if:

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

    (b) those air bags were fitted at the time the vehicle was manufactured, except that this exemption shall not apply to: (i) an amateur-built vehicle, (ii) a vehicle manufactured in very low volume, (iii) a vehicle manufactured using parts of a registered vehicle, and (iv) a rebuilt vehicle.
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 53 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 be recessed, or be 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 - 

    "extreme outer edge" has the meaning given by regulation 3 (2) of the Lighting Regulations modified so as to disregard the projection of handles, hinges, push buttons, fuel tank filler caps and windows;

"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;

"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.

 This item shall not apply to a goods vehicle.

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 Secretary of State 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 Secretary of State that it is impossible for the vehicle to comply due to its special purpose.

Paragraph 2 shall not apply to - 

    (a) hard parts of a vehicle which are manufactured of plastic or rubber, provided that they are flexible and are blunted;

    (b) 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;

    (c) grills 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;

    (d) wind screen, head lamp and rear window wiper blades and supports, provided that they are blunted;

    (e) fixing holes or recesses of less than 12mm diameter, provided that they are blunted;

    (f) wheels, so long as:

      (i) there are no pointed or sharp features which project beyond the external plane of the wheel rim;

      (ii) no wing nuts are fitted; and

      (iii) there are no projections above the horizontal plane passing through the axis of rotation of the wheels, and 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;

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

    (h) folds in body panels;

    (i) 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;

    (j) radio aerial shafts; provided that they are fitted with a fixed end capping of not less than 2.5mm radius; and

    (k) in the case of any other vehicle any part of the external surface (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 amanner approved by the manufacturer, which are blunted and which it is not reasonably practicable to remove,

except that this exemption shall not apply to:

      (i) an amateur-built vehicle,

      (ii) a vehicle manufactured in very low volume,

      (iii) a vehicle manufactured using parts of a registered vehicle, and

      (iv) a rebuilt vehicle.
19 Speed-ometers      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 3(2) 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.

     3. 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 a goods vehicle.

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 a goods vehicle.

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 23.6mm 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, 75kg for each seat, and

    (b) in the case of a motor caravan, 85kg for each seat and 10kg 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;

    (b) when the vehicle is loaded to its maximum gross weight by placing a weight of 68kg 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.

 This item shall not apply to a goods vehicle.
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 towithstand 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 39 of the Construction and Use Regulations, except that it need not be made of metal; and

    (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.

          
25 Plate for goods vehicles Every goods vehicle shall comply with the requirements of paragraphs (2) and (3) of regulation 66 of the Construction and Use Regulations.

      For the purpose of this item - 

The Construction and Use Regulations shall have effect as if for the reference to 6mm in paragraph 5 of part III of Schedule 8, there were substituted a reference to 4mm.




SCHEDULE 2
Regulation 5(!)(b)


APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES EXCEPT SCHEDULE 2 VEHICLES (REPLACING SCHEDULE 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                     If any vehicle has been adapted from a vehicle, the effect of which is to change the category of the vehicle, then it shall be sufficient to show compliance either with the protective steering requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If (i) a disabled person's vehicle has been adapted from a vehicle; and (ii) the reason for the adaptation is to enable a disabled person to drive the vehicle or travel as a passenger in it; then the requirements of this item shall not apply, but only insofar as the adaptation prevents the disabled person's vehicle from complying with any of the requirements of this item.
          1st July 1991 Directive 74/297/EEC, annex 1, paragraphs 5 and 6

 ECE Regulation 12.01, paragraphs 5 and 6

          
          1st October 1996 Directive 74/297/EEC as amended by Directive 91/662/EEC, annex 1, paragraphs 5 and 6

 ECE Regulation 12.03, paragraphs 5 and 6

          
4 Exhaust emissions                     If any vehicle has been adapted from a vehicle, the effect of which is to change the category of the vehicle, then so long as the adaptation has not been to a system which would directly affect the amount of exhaust emissions emitted from the vehicle, it shall be sufficient to show compliance either with the exhaust emission requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If the exhaust system of any vehicle has been adapted (as permitted below), then the requirements of this item shall be deemed to be met, so long as the unadapted vehicle complied with the relevant emission requirements for that category of vehicle before it was adapted.

Any adaptation to an exhaust system of a vehicle shall be permitted so long as:

      (i) any adaptation is down stream of any emission control device fitted to the vehicle; and

      (ii) the emission control device is identical to that which would have been fitted had the vehicle not been adapted.
          1st January 1993 Directive 70/220/EEC as amended by: Directive 91/441/EEC, annex 1, paragraphs 5, 7 and 8 (applies only to passenger cars)

 ECE Regulation 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 2,500 kg.

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

     
          1st October 1994 Directive 93/59/EEC, annex 1, paragraphs 5, 7 and 8 (applies only to vehicles other than passenger cars)

 ECE Regulation 83.01, paragraphs 5, 8 and 13

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

 ECE Regulation 83.02, paragraph 5

          
          1st October 1997 Directive 96/69/EC, annex 1, paragraph 5 (applies from this date to Class I vehicles)

 ECE Regulation 83.03, paragraph 5

 "Reference mass" has the same meaning as in Directive 70/220/EEC, as amended by Directive 96/69/EC.

"Class I vehicle" means a goods vehicle (category N1) which has a reference mass not exceeding 1,250kg (1,305 kg from 1st January 2001).

     
          1st October 1998 Directive 96/69/EC, annex 1, paragraph 5 (applies from this date to vehicles of category M1 other than passenger cars, Class II and Class III vehicles)

      "Class II vehicle" means a goods vehicle (category N1) which has a reference mass exceeding 1,250 kg (1,305 kg from 2001) but not exceeding 1,700 kg (1,760 kg from 2001).

"Class III vehicle" means a goods vehicle (category N1) which has a reference mass exceeding 1,700 kg (1,760 kg from 2001).

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

 ECE Regulation 83.04, paragraph 5

          
          1st January 2001 Directive 98/69/EC, annex 1, paragraph 5 (Phase I limits) (applies from this date to passenger cars and Class I vehicles)

               
          1st January 2002 Directive 98/69/EC, annex 1, paragraph 5 (Phase 1 limits) (applies from this date to vehicles of category M1 other than passenger cars, Class II and Class III vehicles)

               
          1st January 2003 Directive 98/69/EC, annex 1, paragraph 5 (Phase 1 limits) (applies from this date to diesel passenger vehicles. Until this date, diesel passenger vehicles are treated as a vehicle of category N1)

      "Diesel passenger vehicle" means a vehicle of category M1 the maximum mass of which exceeds 2,000 kg, fitted with a compression ignition engine, and 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.

  
          1st January 2006 Directive 98/69/EC annex 1, paragraph 5 (Phase 2 limits) (applies from this date to passenger cars and Class I vehicles)

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

               
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 if fitted).

 ECE Regulation 18.02, paragraph 7 and ECE Regulation 97.01 paragraphs 5, 6 and 7 (alarm system) and paragraphs 31, 32 and 33 (immobiliser)

          
10 Seat belt anchorages 1st July 1991 Directive 76/115/EEC as amended by: Directive 82/318/EEC, annex 1, paragraphs 4 and 5

 ECE Regulation 14.02, paragraphs 5, 6 and 7

      In the case of a seat belt anchorage fitted to a seating position of a disabled person's vehicle after the manufacture of the vehicle, for the requirements of this item, shall be substituted the requirements in item 10 of Schedule 3.

If any vehicle has been adapted to a vehicle of category M1, for the requirements of this item shall be substituted the requirements in item 10 of Schedule 3.
          1st July 1997 Directive 90/629/EEC, annex 1, paragraphs 4 and 5

 ECE Regulation 14.03, paragraphs 5, 6 and 7

          
11 Installation of seat belts 1st July 1997 Directive 77/541/EEC as amended by: Directive 90/628/EEC, annex 1, paragraphs 3.1 to 3.1.9 and 3.2.1 to 3.2.2.4

           This item shall not apply to a seat belt, fitted to an anchorage that has been fitted to a disabled person's vehicle during the course of it being adapted to become a disabled person's vehicle.
          1st October 1999 Directive 96/36/EC, annex 1, paragraphs 3.1 to 3.1.10, 3.1.11, 3.1.12 and 3.2.1 to 3.2.2.5

 ECE Regulation 16.04, (Supplement 8) paragraphs 8.1 to 8.1.10.3, 8.1.11 to 8.1.12 and 8.2.1 to 8.2.2.5.2

          
12 Brakes 1st April 1995 Directive 71/320/EEC as amended by: Directive 91/422/EEC, annex 1, paragraph 2

 ECE Regulation 13.06 paragraph 5

      If any vehicle has been adapted from a vehicle, the effect of which is to change the category of the vehicle, then so long as the adaptation has not been to a system which would directly affect the brakes, it shall be sufficient to show compliance either with the brake requirements for the category of the unadapted vehicle, or of the adapted vehicle.
          1st October 1999 Directive 98/12/EC, annex 1, paragraph 2.1.1.3 (Requirements for asbestos-free brake linings only)

 ECE Regulation 13.09, paragraph 5.1.1.3 or ECE Regulation 13H, paragraph 5.1.1.3 (Requirements for asbestos-free brake linings only)

      If the braking system of a disabled person's vehicle has been adapted so as to enable a disabled person to drive the vehicle, then the requirements of this item shall not apply to any such adaptation.
          31st March 2001 Directive 98/12/EC, annex 1, paragraph 2 (All requirements)

 ECE Regulation 13.09, paragraph 5 or ECE Regulation 13H, paragraph 5 (All requirements)

          
13 Noise and silencers                     If any vehicle has been adapted from a vehicle, the effect of which is to change the category of vehicle, then so long as the adaptation has not been to a system which would directly effect the amount of noise emitted from the vehicle, it shall be sufficient to show compliance either with the requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If the exhaust system of any vehicle has been adapted (as permitted below), then the requirements of this item shall be deemed to be met, so long as the unadapted vehicle complied with the relevant noise and silencer requirements for that category of vehicle before it was adapted.

Any adaptation to an exhaust system of a vehicle shall be permitted so long as:

      (i) any adaptation is downstream of any emission control device fitted within the system; and

      (ii) the emission control device and silencer are identical to those which would have been fitted had the vehicle not been adapted.
          1st July 1991 Directive 70/157/EEC as amended by: Directive 84/424/EEC, annex 1, paragraph 5

 ECE Regulation 51.01, paragraph 5

          
          1st January 1997 Directive 92/97/EEC or Directive 96/20/EC, annex 1, paragraph 5

 ECE Regulation 51.02, paragraph 5

          
26 Carbon dioxide emissions and fuel consumption 1st January 1997 Directive 80/1268/EEC as amended by: Directive 93/116/EC, annex 1, paragraph 5

 ECE Regulation 101, paragraph 5

      If any vehicle has been adapted from a vehicle, the effect of which is to change the category of vehicle, then so long as the adaptation has not been to a system which would directly affect the carbon dioxide emissions emitted from the vehicle or its fuel consumption, it shall be sufficient to show compliance either with the carbon dioxide emissions and fuel consumption requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If the exhaust system of any vehicle has been adapted (as permitted below), then the requirements of this item shall be deemed to be met, so long as the unadapted vehicle complied with the relevant carbon dioxide emission and fuel consumption requirements for that category of vehicle before it was adapted.

Any adaptation to an exhaust system shall be permitted so long as:

      (i) any such adaptation is down stream of any emission control device fitted within the system; and

      (ii) the emission control device is identical to that which would have been fitted had the vehicle not been adapted.
27 Frontal impact 1st October 2003 Directive 96/79/EC, annex 2, paragraph 3

 ECE Regulation 94.01, paragraph 5

      If any vehicle has been adapted from a vehicle, the effect of which is to change the category of vehicle, then it shall be sufficient to show compliance either with the frontal impact requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If (i) a disabled person's vehicle has been adapted from a vehicle which before it was adapted was of a category which was required to comply with the requirements of this item; and (ii) the reason for the adaptation is to enable a disabled person to drive the vehicle or travel as a passenger in it; then the requirements of this item shall not apply, but only insofar as the adaptation prevents the disabled person's vehicle from complying with any of the requirements of this item.
28 Side impact 1st October 2003 Directive 96/27/EC, annex 2, paragraph 3

 ECE Regulation 95.01, paragraph 5

      If any vehicle has been adapted from a vehicle, the effect of which is to change the category of vehicle, then it shall be sufficient to show compliance either with the side impact requirements for the category of the unadapted vehicle, or of the adapted vehicle.

If (i) a disabled person's vehicle has been adapted from a vehicle which was of a category, which was required to comply with the requirements of this item; and (ii) the reason for the adaptation is to enable a disabled person to drive the vehicle or travel as a passenger in it; then the requirements of this item shall not apply to the disabled person's vehicle, but only insofar as the adaptation prevents the disabled person's vehicle from complying with any of the requirements of this item.



SCHEDULE 3
Regulation 11



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EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Motor Vehicles (Approval) Regulations 2001 (S.I. 2001/25).

Regulation 3 transfers the definition of a disabled person's vehicle from Schedule 2 to Regulation 3 of the Regulations.

Regulation 4 substitutes a new paragraph for paragraph 5(2) of the Regulations, the effect of which is to remove the requirement of vehicles which have complied with the items in Schedule 4, from having to comply with the requirements of the items of the same subject matter in Schedule 3 (apart from item 10 in relation to disabled person's vehicles and vehicles that have been adapted to category M1). Regulation 4 also substitutes a new paragraph for paragraph 5 (8) of the Regulations, to recognise certificates granted in accordance with the Northern Ireland single vehicle approval regime. A new paragraph (8A) has also been inserted to update the regulation relating to mutual recognition of equivalent standards in other EEA States.

Regulation 5 makes a minor corrective change and amends the requirement by which an applicant can request a further examination in respect of a further application.

Regulation 6 substitutes a new table into regulation 11.

Regulation 7 amends Schedule 2 of the Regulations. Disabled person's vehicles are excluded from the meaning of "Schedule 2 vehicle" and will now be subject to the requirements in Schedule 4. Paragraph 2 of Schedule 2 is also amended, the effect of which is that a serving member of the Armed Forces will now be able to qualify as a personal importer, even if the vehicle has not been imported into the United Kingdom.

Regulation 8 substitutes a revised Schedule 3 into the Regulations. Various deregulatory, consequential and corrective changes are made to the Schedule on points of detail.

Regulation 9 substitutes a revised Schedule 4 into the Regulations. As Disabled person's vehicles will now be subject to the Schedule 4 requirements, a number of consequential amendments have been made, together with other deregulatory and corrective changes on points of detail.

Regulation 10 substitutes a new certificate into the Regulations.

Regulation 11 updates the Schedule 6 list of Community Instruments and ECE Regulations.

These Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

A regulatory impact assessment has been prepared and copies can be obtained from the Department for Transport, Zone 2/03, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2093). A copy has been placed in the Library of each House of Parliament.

Notes:

 [1] 1988 c. 52; section 61 was amended by the Road Traffic Act 1991 (c. 40), section 63 was amended by S.I. 1992/3107.back

[2] S.I. 2001/25.back

[3] 1995 c. 50.back

[4] S.I. 1981/154 (N.I.1).back

[5] S.I. 1994/3117.back


ISBN 0 11 048861 X


  © Crown copyright 2004

Prepared 17 March 2004

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