S T A T U T O R Y I N S T R U M E N T S

2001 No. 25

ROAD TRAFFIC

The Motor Vehicles (Approval) Regulations 2001

Made - - - - - 9th January 2001

Laid before Parliament 10th January 2001

Coming into force - - 1st February 2001

ARRANGEMENT OF REGULATIONS

PART I

General

1. Citation and commencement

2. Revocation

3. Interpretation

PART II

Approval Requirements for Relevant Vehicles

4. Application of Regulations

5. Approval requirements for relevant vehicles

PART III

Miscellaneous

6. Application for Minister’s approval certificate

7. Assignment of vehicle identification numbers

8. Criteria for determining weights

9. Appeals

10. Refusal of application or appeal without an examination or a complete examination

11. Form of certificate

12. Replacement certificates

13. Notices

14. Obligatory certificates

15. Licences not to be issued for vehicles unless appropriate certificates are in force

SCHEDULES

1. Instruments revoked.

2. Schedule 2 vehicles

[DOT 9027]

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3. Approval requirements for relevant vehicles

4. Approval requirements for relevant vehicles except Schedule 2 vehicles

5. Form of approval certificate

6. Community instruments and ECE Regulations

The Secretary of State for the Environment, Transport and the Regions, in exercise of thepowers conferred by sections 54, 61, 63 and 66 of the Road TraYc Act 1988(a) and of all otherpowers enabling him in that behalf, and after consultation with representative organisations inaccordance with section 195(2) of that Act, hereby makes the following Regulations:—

PART I

GENERAL

Citation and commencement

1. These Regulations may be cited as the Motor Vehicles (Approval) Regulations 2001 andshall come into force on 1st February 2001.

Revocation

2. The instruments specified in Schedule 1 are hereby revoked.

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“the 1970 Directive” means Council Directive 70/156/EEC of 6th February 1970 on theapproximation of the laws of the member states relating to the type-approval of motorvehicles and their trailers(b) as last amended by Directive 98/14/EC of 25th March 1998(c);

“the 1982 Regulations” means the Motor Vehicles (Type Approval for Goods Vehicles)(Great Britain) Regulations 1982(d);

“the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain)Regulations 1984(e);

“the 1988 Act” means the Road TraYc Act 1988;

“ambulance”, “armoured vehicle”, “hearse” and “motor caravan” have the meaningsgiven by paragraph 1 of Schedule 2;

“approval requirements”, in relation to a vehicle, means the requirements prescribed bysection 54 of the 1988 Act as they apply to that vehicle and which are set out inregulation 5(1);

“axle weight”, “gross weight”, “kerbside weight”, “maximum gross weight” and“maximum permitted axle weight” have the meanings given in regulation 3(2) of theConstruction and Use Regulations;

“the Construction and Use Regulations” means the Road Vehicles (Construction andUse) Regulations 1986(f);“design gross weight” means the weight which the vehicle is designed or adapted not toexceed when in normal use and travelling on a road laden;

a)( 1988 c. 52; section 61 was amended by the Road TraYc Act 1991 (c. 40), Schedule 8 and section 63 was amended byS.I. 1992/3107.

b)( O.J.L42.23.02.70,p.1.c)( O.J.L91.25.03.98,p.1.d)( S.I.1982/1271; relevant amending instruments are S.I.1987/1508,1988/1523, 1989/1579, 1991/1021, 1992/25, 1342 and

3084, 1993/2200 and 1995/1323.e)( S.I. 1984/981; relevant amending instruments are S.I. 1984/1761, 1987/1509, 1988/1522, 1989/1580, 1991/1022, 1992/

1341, 2161 and 2908, 1993/2201 and 1995/1322.f )( S.I. 1986/1078; relevant amending instruments are S.I. 1987/676 and 1333, 1988/1178, 1989/1478, 1990/2212, 1992/2016,

3088 and 3285 and 1994/3270.

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“EEA State” means a State which is a contracting party to the Agreement on the EuropeanEconomic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed atBrussels on 17th March 1993(a);

“family of types” has the same meaning as in Annex XII of the 1970 Directive;

“goods vehicle” means a vehicle of a kind specified in regulation 4(1)(b);

“kg” means kilograms;

“kph” means kilometres per hour;

“the Lighting Regulations” means the Road Vehicles Lighting Regulations 1989(b);

“mm” means millimetres;

“mph” means miles per hour;

“registered” means registered under the Vehicle Excise and Regulation Act 1994(c);

“relevant vehicle” has the meaning given in regulation 4(3);

“Schedule 2 vehicle” has the meaning given in Schedule 2;

“subject matter” means a subject matter in relation to which approval requirements arespecified in Schedule 3 or 4 and “applicable subject matter” in relation to a vehicle meansa subject matter as respects which approval requirements are applicable to the vehicle inaccordance with these Regulations;

“wheel” has the meaning given in regulation 3(2) of the Construction and UseRegulations.

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

(3) A reference in any provision of these Regulations to a prescribed fee is a reference to thefee (if any) for the time being prescribed for the purposes of that provision in regulations madeunder section 61 of the 1988 Act.

(4) Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations(determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes ofthese Regulations other than item 16 of Schedule 3 as they apply for the purposes of theConstruction and Use Regulations other than regulations 26 and 27.

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

(6) Schedule 6 of these Regulations—

(a) defines expressions relating to Community instruments and ECE Regulations(including references to complying with provisions of such instruments); and

(b) sets out details of Community instruments and ECE Regulations referred to in theseRegulations.

PART II

APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES

Application of Regulations

4.—(1) These Regulations apply to every motor vehicle—

(a) to which the 1984 Regulations apply; or

(b) to which the 1982 Regulations apply and which either has a design gross weight notexceeding 3,500 kg or complies with the requirements specified in paragraph (2).

(2) The requirements referred to in paragraph (1)(b) are that the vehicle in question—

(a) has a design gross weight exceeding 3,500 kg but not exceeding 5,500 kg;

(b) has a kerbside weight not exceeding 3,425 kg; and

a)( Cmnd. 2972 and 2183.b)( S.I. 1989/1796; the relevant amending instrument is S.I. 1994/2280.c)( 1994 c. 22.

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(c) belongs to the same family of types as at least one vehicle to which these Regulationsapply by virtue of paragraph (1) and which has been granted a Minister’s approvalcertificate on the basis that it complies with the approval requirements by virtue ofthese Regulations or the Motor Vehicles (Approval) Regulations 1996(a).

(3) In these Regulations, “relevant vehicle” means a vehicle to which these Regulationsapply.

Approval requirements for relevant vehicles

5.—(1) Subject to the following provisions of this regulation, the following are prescribedunder section 54 of the 1988 Act as requirements as to the design, construction, equipment andmarking of relevant vehicles—

(a) in the case of any relevant vehicle, compliance with the requirements set out in column3 of the Table in Schedule 3; and

(b) in the case of any relevant vehicle which is not a Schedule 2 vehicle, and in relation toeach item in the Table in Schedule 4 for which is specified in column 3(a) of that Tablea date which is, or falls before, the date of manufacture of the vehicle, compliance withthe requirements of the Community instruments set out in column 3(b) of that Tablein relation to that item, or with any equivalent requirement of the ECE Regulationsset out in column 3(c) of that Table.

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

(3) Where, in the case of any relevant vehicle which is of category M1 and to which therequirements of paragraph (1)(b) would not otherwise apply, a person making an applicationin accordance with regulation 6 requests the Secretary of State in writing at the time of makingthe application that the provisions of paragraph (1)(b) be applied for the purposes of theapplication, those provisions shall so apply.

(4) The items in Schedule 3 numbered 1, 3, 6, 7, 8, 9, 10, 11, 14, 15, 16 and 19 and the itemsin Schedule 4 numbered 3, 8, 10, 11, 26, 27 and 28 shall not apply to goods vehicles.

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

(6) An entry in column 4 of an item in the Table in Schedules 3 and 4 shall have eVect forthe purposes of interpreting or otherwise supplementing the entries in that item and, forconvenience, expressions that are defined in that column are printed in bold type.

(7) Where a provision of any Community instrument or ECE Regulation is applied bySchedule 4, that provision as so applied shall (except in so far as the contrary intention appears)have eVect in relation to—

(a) a vehicle to which the 1984 Regulations apply as it has eVect in relation to a vehicleof category M1; and

(b) a vehicle to which the 1982 Regulations apply as it has eVect in relation to a vehicleof category N1.

(8) A relevant vehicle shall be regarded as complying with all the requirements prescribedunder section 54 of the 1988 Act if at least one of the following three conditions are satisfied inrelation to each applicable subject matter mentioned in Schedule 3 or 4—

(a) that the vehicle complies with the requirements set out in paragraph (1);

(b) that requirements applicable to the vehicle are prescribed by regulation 4 of the 1984Regulations or by regulation 4 of the 1982 Regulations in relation to the subjectmatter and the vehicle complies with those requirements;

(c) that there is produced to the Secretary of State evidence that satisfies him that thevehicle has been found by a competent authority in another EEA State to comply withrequirements applicable to the vehicle equivalent to those prescribed in relation to thesubject matter.

a)( S.I. 1996/3013; relevant amending instruments are set out in Schedule 1.

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(9) For the purposes of paragraph (8)(b), the requirements prescribed by regulation 4 of the1984 Regulations in relation to the subject matter mentioned in item 6 of column 2 of the Tablein Schedule 3 to these Regulations (lamps, reflectors and devices) shall be regarded as therequirements prescribed in relation to—

(a) installation of lighting and signalling equipment;

(b) direction indicators;

(c) headlamps and filament lamps;

(d) side, rear and stop lamps;

(e) rear reflectors; and

(f) rear fog lamps.

(10) For the purposes of paragraph (8), regulation 4(1A) of the 1984 Regulations shall haveeVect as if—

(a) for sub-paragraph (a), there were substituted—

“(a) an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if thevehicle was manufactured before the date specified or having eVect as if specifiedin that entry;”; and

(b) the words after sub-paragraph (b) were omitted.

(11) For the purposes of paragraph (8), regulation 4(2A) of the 1982 Regulations shall haveeVect as if—

(a) for sub-paragraph (a), there were substituted—

“(a) an entry in column (6) of Part I of Schedule 1 shall not apply to the vehicle if thevehicle was manufactured before the date specified or having eVect as if specifiedin that entry;”; and

(b) the words after sub-paragraph (b) were omitted.

(12) If a relevant vehicle complies with all the requirements prescribed by—

(a) regulation 4 of the 1984 Regulations (disregarding paragraph (9)); or

(b) regulation 4 of the 1982 Regulations (disregarding paragraph (10)),

that are applicable to it, the requirements prescribed by this regulation shall not apply to it.

PART III

MISCELLANEOUS

Application for Minister’s approval certificate

6.—(1) An application for the issue for a Minister’s approval certificate on the basis that thevehicle complies with the approval requirements by virtue of these Regulations shall be madeto the Secretary of State.

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

(a) has been approved by the Secretary of State; and

(b) has been duly completed so as to furnish all the information required by that form.

(3) The application shall be accompanied by—

(a) the documents mentioned in the form as being required in connection with theapplication; and

(b) the prescribed fee.

(4) As soon as reasonably practicable after he receives the application, the Secretary of Stateshall send to the applicant a notice stating the time when and the place where an examinationfor the purposes of the application is to be carried out.

(5) The Secretary of State may by notice to the applicant alter the time when or the placewhere the examination is to be carried out, but he shall not alter the time to an earlier timewithout the consent of the applicant.

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(6) Where an application (“the original application”) made in accordance with the paragraphs(1) to (3) is refused other than by virtue of regulation 10 or on the grounds that the vehicle isnot a relevant vehicle, a further application by the same applicant in respect of the vehicle shallbe regarded as having been made in accordance with and pursuant to those paragraphs if—

(a) it is made (orally or in writing) to the Secretary of State during the period of sixmonths beginning with the date on which the original application was refused; and

(b) at the time that he makes the further application, the applicant requests anexamination to be carried out for the purpose of the further application—

(i) during that period of six months; and

(ii) except in the case of a Schedule 2 vehicle other than a left hand drive vehicle ora personally imported vehicle, at the place where the examination took place forthe purposes of the original application.

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

(a) the Secretary of State shall inform the applicant in such manner as he thinks fit of thetime when and the place where the examination is to be carried out;

(b) the Secretary of State may alter the time when or the place where the examination isto be carried out, but he shall not alter the time to an earlier time without the consentof the applicant;

(c) if the Secretary of State so alters the time or place, he shall inform the applicant insuch manner as he thinks fit of the time when and the place where the examination isto be carried out; and

(d) the applicant shall pay the prescribed fee to the Secretary of State before theexamination is carried out.

(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’sapproval certificate under section 58(4) of the 1988 Act.

Assignment of vehicle identification numbers

7.—(1) Where it appears to the Secretary of State when an application is made for aMinister’s approval certificate in accordance with paragraphs (1) to (3) of regulation 6 that thevehicle 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(a) or thatDirective as last amended by Directive 78/507/EEC(b);

(b) has been previously assigned to the vehicle under this regulation; or

(c) does not fall within sub-paragraph (a) or (b), but is adequate for the purpose ofenabling the vehicle to be identified,

he shall assign a vehicle identification number to the vehicle.

(2) Where an application is made under regulation 6 for the issue of a Minister’s approvalcertificate under section 58(4) of the 1988 Act, paragraph (1) shall have eVect as if the words“in accordance with paragraphs (1) to (3) of regulation 6” were omitted.

Criteria for determining design weights

8. For the purposes of section 54(2) of the 1988 Act, where an application is made pursuantto regulation 6, the criteria for determining, as design weights, the axle weights and grossweights which in the opinion of the Secretary of State should not be exceeded in the case of avehicle to which these Regulations apply are as follows—

(a) the design of the vehicle, its construction and equipment and the stresses to which itis likely to be subject when used on a road;

(b) any information which is available about the weight which a vehicle of that type wasdesigned by the manufacturer to carry when used on a road; and

(c) any information obtained from an examination of a vehicle of that type or a similartype with a view to ascertaining whether at the time of the examination, it compliedwith any requirement prescribed under section 54 of the 1988 Act and applicable to it.

a)( O.J.L24, 18.12.75, p.1.b)( O.J. L155 19.05.78, p.31.

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Appeals

9.—(1) An appeal under section 60 of the 1988 Act by a person aggrieved by a determinationmade by the Secretary of State pursuant to an application under regulation 6 shall be made byincluding with the documents submitted a form which—

(a) has been provided by the Secretary of State; and

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

(2) The appeal shall be accompanied by the prescribed fee.

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

(4) As soon as reasonably practicable after the date of the receipt of the appeal the Secretaryof State 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.

(5) The Secretary of State may by notice to the applicant alter the time when or the placewhere the re-examination is to be carried out, but he shall not alter the time to an earlier timewithout the consent of the applicant.

Refusal of application or appeal without an examination or a complete examination

10.—(1) In this regulation—

“appeal” means an appeal under section 60 of the 1988 Act in respect of the determinationof an application;

“application” means an application under regulation 6 for the issue of a Minister’sapproval certificate under section 58(1) of the 1988 Act;

“examination” means an examination for the purposes of an application or appeal; and

“examiner”, in relation to an examination, means the person appointed by the Secretaryof State to conduct the examination.

(2) The Secretary of State may refuse an application or appeal even though an examinationhas not been carried out if—

(a) the vehicle is not submitted for examination at the time and place fixed under theseRegulations for the examination;

(b) the fee in respect of the examination is not paid at or before the time fixed under theseRegulations for the examination;

(c) the examiner is not able, with the facilities and apparatus available to him at the placeat which the examination would otherwise be carried out, to complete theexamination without the vehicle being driven or the engine run and the vehicle is notwhen submitted for examination, either for want of fuel or oil or for any other reason,fit to be driven or for the engine to be run to such extent as may be necessary for thepurposes of carrying out the examination;

(d) when the vehicle is submitted for the examination, the vehicle or any item which formspart of the vehicle or its equipment is so dirty or dangerous as to make it unreasonablefor the examination to be carried out;

(e) any things which are on the vehicle when it is submitted for the examination, and arenot part of its equipment or accessories, are required by the examiner to be removedfrom the vehicle or to be secured in such a manner as he may think necessary and thosethings are not removed or secured accordingly;

(f) when the vehicle is submitted for the examination, a proper examination cannot becarried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap orother device designed to be capable of being readily opened, being locked or otherwisefixed so that it cannot readily be opened;

(g) when the vehicle is submitted for the examination, its condition is such that, in theopinion of the examiner, a proper examination of the vehicle would involve adanger of—

(i) injury to any person, or

(ii) damage to the vehicle or any other property;

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(h) when the vehicle is submitted for the examination, there is not permanently fixed tothe chassis or main structure of the vehicle in a conspicuous and easily accessibleposition so as to readily legible, a vehicle identification number which—

(i) complies with paragraph 3.1.1 of Annex to Directive 76/114/EEC or thatDirective as last amended by Directive 78/507/EEC;

(ii) has been assigned to the vehicle under regulation 7(1); or

(iii) does not fall within sub-paragraph (i) or (ii), but appears to the Secretary of Stateto be adequate for the purpose of enabling the vehicle to be identified; or

(i) the person who is the driver of the vehicle at the time it is submitted for theexamination is requested to remain in it or its vicinity throughout the examination,to drive it, to operate its controls or to remove or refit its panels and he declines todo so.

(3) Nothing in this regulation shall aVect any power of the Secretary of State to refuse anapplication or to reject an appeal otherwise than under this regulation.

Form of certificate

11.—(1) Subject to the following paragraphs, where a Minister’s approval certificate is issuedunder section 58(1) of the 1988 Act on the basis that the vehicle complies with the approvalrequirements by virtue of these Regulations, the certificate shall be in the form set out inSchedule 5 to these Regulations or in a form to the like eVect.

(2) Where the certificate is issued on the basis that it relates to a vehicle falling within a classspecified in column (2) of an item in the Table below there shall be inserted in the box underthe 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 persons 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 RTable

11. Vehicle which meets the condition set out in regulation 5(8)(c) E

(3) Any letter or letters inserted pursuant to paragraph (2) may be followed by a zero andthen by any letters or numbers that the Secretary of State thinks fit to insert.

(4) Expressions used in this regulation which are the subject of definitions in Schedule 2 shallhave the meanings given by those definitions.

(5) This regulation shall apply to a Minister’s approval certificate issued under section 58(4)of the 1988 Act as it applies to such a certificate issued under section 58(1) of that Act as if forthe words “section 58(1)” in the form set out in Schedule 5 to these Regulations there weresubstituted the words “section 58(4)”.

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Replacement certificates

12.—(1) If a Minister’s approval certificate has been lost or defaced, an application for issueof a replacement for the original certificate may be made, either orally or in writing, to theSecretary of State 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 originalcertificate was issued; and

(b) be accompanied by the prescribed fee.

(3) As soon as reasonably practicable after he receives the application and fee, the Secretaryof State shall issue to the applicant a replacement for the certificate to which the applicationrelates and any such replacement shall have the same eVect as the certificate which it replacesand shall be marked “replacement”.

Notices

13. Except as otherwise provided by these Regulations, every notice under them shall be inwriting and may be given by post.

Obligatory certificates

14.—(1) Subject to paragraph (2) below, 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 forceor of a member of the civilian component of a visiting force;

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

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

(i) a Minister’s approval certificate issued in pursuance of these Regulations;

(ii) a certificate of conformity;

(iii) a Minister’s approval certificate in a form prescribed by regulation 14 of the 1982Regulations or regulation 9 of the 1984 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 civiliancomponent of a visiting force” shall bear the same meanings as in Part I of the Visiting ForcesAct 1952(a).

(5) The day appointed for the purposes of section 63(1) of the 1988 Act in relation to everyvehicle—

(a) to which this regulation applies; but

(b) which is not of a class for which a day had previously been appointed for thosepurposes,

is 1st February 2001.

(6) Without prejudice to any other Regulations having eVect by virtue of section 63(1) of the1988 Act, all vehicles to which this regulation applies are vehicles of a prescribed class for thepurposes of that section.

(7) The type approval requirements prescribed for the purposes of section 63(1) of the 1988Act, in relation to every vehicle to which this regulation applies, are the approval requirements.

a)( 1952 c. 67. See sections 10 and 12.

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(8) Section 63(1) of the 1988 Act 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 aspecified date) before it is registered for an examination pursuant to an applicationunder 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 examinationis 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 isregistered;

(d) where an application under regulation 6 is refused following such an examination, forthe purpose of—

(i) delivering it (by previous arrangement for a specified time on a specified date) ata 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 itis registered.

(9) In this regulation—

“authorised person” means an examiner appointed under section 66A of the 1988 Act ora 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 ofwhich the application was refused (including work to alter the vehicle in some aspect ofdesign, construction, equipment or marking on account of which the certificate wasrefused).

Licences not to be issued for vehicles unless appropriate certificates are in force

15. Where application is made for a licence under the Vehicle Excise and Registration Act1994(a) for a vehicle to which regulation 14 applies, the licence shall not be granted unless onthe first application after the day appointed by Regulations made by virtue of the 1988 Act fora licence for that vehicle, there is produced evidence that there are one or more certificates inforce for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that thevehicle complies with the approval requirements.

Signed by authority of the Secretary of State

Gus MacdonaldMinister of State,

Department of the Environment, Transport and the Regions9th January 2001

a)( 1994 c. 22.

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SCHEDULE 1 Regulation 2

INSTRUMENTS REVOKED

Instrument Number

The Motor Vehicles (Approval) Regulations 1996 S.I. 1996/3013The Motor Vehicles (Approval) (Amendment) Regulations 1997 S.I. 1997/1366The Motor Vehicles (Approval) (Amendment) (No. 2) Regulations 1997 S.I. 1997/2934The Motor Vehicles (Approval) (Amendment) Regulations 1998 S.I. 1998/1008The Motor Vehicles (Approval) (Amendment) Regulations 1999 S.I. 1999/2082The Motor Vehicles (Approval) (Amendment) (No. 2) Regulations 1999 S.I. 1999/3226The Motor Vehicles (Approval) (Amendment) Regulations 2000 S.I. 2000/1972

SCHEDULE 2 Regulation 3(1)

SCHEDULE 2 VEHICLES

Meaning of “Schedule 2 vehicle”

1. A Schedule 2 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 acountry other than the United Kingdom for a continuous period of at least 12months;

(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 countrywhere he has been normally resident for a period of at least 6 months before itsimportation; and

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

(2) For the purposes of this paragraph a person shall be treated as being normally residentin the country where he usually lives—

(a) for a period of, or periods together amounting to, at least 185 days in a period of12 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 theomission of paragraph (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 anothercountry, he will be treated, for the purposes of this paragraph, as being normally resident inthat 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.

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(5) Notwithstanding paragraph (4), a United Kingdom citizen whose personal ties are in theUnited Kingdom but whose occupational ties are in a country other than the United Kingdomshall be treated for the purpose of this paragraph as normally resident in the country of hisoccupational ties, provided that he has lived there for a period of, or periods togetheramounting 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 relevantindividual; and

(b) the construction or assembly or a substantial part of the construction or assembly wascarried out by—

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

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

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

(2) For the purposes of this paragraph, a reference to a relevant individual, in relation to amotor vehicle, is a reference to an individual who did not, at any time during the period whenthe construction or assembly of the vehicle was being carried out, carry on a business in thecourse 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 ineither paragraph (2) or paragraph (3) is complied with.

(2) The condition specified in this paragraph is that the total number of vehicles of the familyof types to which the vehicle in question belongs which are manufactured in the world for anyperiod of 12 months falling within the period of 36 months immediately preceding the monthin which the vehicle was manufactured does not exceed 200.

(3) The condition specified in this paragraph is that the number of vehicles of the typevariant to which the vehicle in question belongs which are manufactured in the world for anyperiod of 12 months falling within the period of 36 months immediately preceding the monthin which the vehicle was manufactured does not exceed 20.

(4) For the purposes of sub-paragraph (3), a type variant consists exclusively of vehicleswhich do not diVer 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 diVerences in the chassis, floor pan or other parts ofthe 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, andwhether four stroke or two stroke),

(ii) the number and arrangement of its cylinders,

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

(iv) engine capacity diVerences of more than 20% (the highest is more than 1.2 timesthe 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 whichmotor vehicles are normally constructed or assembled;

12

(b) it is equipped with an engine which has previously been used as the engine of anothervehicle which had been registered under the Vehicle Excise and Registration Act 1994or 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 samevehicle 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 asto enable a person who has a disability to travel in the vehicle, whether as the driver or apassenger, in safety and reasonable comfort.

(2) In sub-paragraph (1), “disability” has the meaning given by section 1 of the DisabilityDiscrimination Act 1995(a).

Rebuilt vehicles

7. A vehicle is a rebuilt vehicle if it—

(a) is a vehicle to which the Secretary of State is required by regulation 7 to assign avehicle identification number;

(b) does not fall within either of the classes defined by paragraphs 3 or 5; and

(c) has been rebuilt using a replacement chassis, or an integral chassis body, which is ofthe 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 3 Regulation 5(1)(a)

APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES

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

in column 4)

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provisions

1 Doors, 1. All doors, provided on the For the purposes of Paragraph 3 shalltheir vehicle for the entry and exit this item, not apply to doorslatches and of occupants, shall be designed “longitudinal plane” which do not givehinges as to allow easy and safe use. means a vertical direct access to a

Doors shall have both plane parallel to the seat designed forintermediate and fully latched longitudinal axis of normal use while apositions and their latches a vehicle. vehicle is travellingshall be designed to prevent on a road. Thisthe doors from opening includes any door,accidentally. However, for which thelatching in an intermediate longitudinal planeposition is not required if a passing through thesafety-bolt with an audible extreme inboardwarning device is provided as projecting point ofspecified in paragraph 2(b) such a door is morebelow. than 300mm distant

a)( 1995 c. 50.

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provisions

from thelongitudinal planepassing through thenearest edge of sucha seat.

2. Where hinges are used, the The latchinghinges shall be fitted at the requirements infront edge of the door. paragraphs 1 and 3However, they may be fitted at shall not apply tothe top or rear edge if either— any power-operated

door if the force(a) a device is fitted whichapplied by theautomatically closes the doorpower actuator isat least to the intermediatesuYcient to keep thelatched position if it isdoor completelyunlatched when the vehicle isclosed even whenmoving in the forwardany load is applieddirection; oras described in

(b) a safety-bolt is fitted toparagraph 3.

prevent such unlatching andan audible warning device isprovided which activates anaudible warning if the vehicleis driven without the bolt inplace.

3. On hinged doors, the latchand striker assembly shall becapable of withstanding anyload which is likely to beapplied in the course ofnormal driving (i.e. excludingcrash impacts) in both theintermediate and fully latchedpositions. However if a safety-bolt with an audible warningdevice is provided as specifiedin paragraph 2(b) above, therequirement need be met onlywith the bolt in place.

2 Radio- The vehicle shall comply with This item shall onlyinterference the design, construction and apply to vehiclessuppression fitting requirements of propelled by a spark

paragraph 6.1 of Annex 1 to ignition engine.Directive 72/245/EEC as lastamended by Directive 89/491/EEC, or of paragraph 6.1 ofECE Regulation 10.01.

3 Protective 1. No part of the steering For the purposes of This item shall notSteering control surface directed this item— apply to—

towards the driver which can “driver’s air-bag” (a) vehicles, thebe contacted by a sphere of means a flexible bag steering control of165mm in diameter shall fitted to a vehicle which has beenpresent any roughness or and designed to be speciallysharp edges with a radius of filled with gas under constructed for thecurvature of less than 2.5mm. pressure in order to use of a person2. The steering control shall be protect the driver in suVering from somedesigned, constructed and the event of a physical defect orfitted so as not to embody collision involving disability;components or accessories, the front end of the (b) vehiclesincluding the horn control and vehicle. manufactured

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provisions

other assemblies, capable of before 1 October“steering control”catching in the driver’s 1997 in which thehas the sameclothing or jewellery in normal centre of the steeringmeaning as indriving movements. control is in theDirective 74/297/3. The steering control and forward quarter ofEEC.column assembly as fitted to the total length ofthe vehicle or the steering the vehicle,control itself shall oVer a including anydegree of protection to the bumpers anddriver in the event of a frontal overriders;impact by absorbing energy. (c) goods vehiclesThis requirement shall be having a maximumtreated as met if either— gross weight of not(a) the vehicle complies with less than 1500kgthe requirements of paragraph and goods vehicles5.2 of Annex 1 of Directive 74/ manufactured297/EEC; or before 1 October

1997;(b) the steering control (d) ambulances,complies with the motor caravans andrequirements of paragraphs hearses (in each5.2, 5.4.3, 5.4.4 and 5.4.5 of case) having aDirective 74/297/EEC as last maximum grossamended by Directive 91/662/ weight of more thanEEC. 2,500 kg if the

vehicle has been4. The vehicle shall complyderived from awith the requirements ofgoods vehicle eitherparagraph 5.1 of Annex 1 ofhaving a maximumDirective 74/297/EEC.gross weight of notless than 1,500 kg ormanufacturedbefore 1st October1997; and

(e) armouredvehicles.

Paragraph 1 shallnot apply to avehicle if—

(a) it is a Schedule 2vehicle but not—

(i) an amateur-builtvehicle;

(ii) a vehiclemanufactured usingparts of a registeredvehicle; or

(iii) a rebuiltvehicle;

(b) it is fitted with adriver’s air bag; and

(c) the driver’s airbag was fitted at thetime the vehicle wasmanufactured.

Paragraph 1 shallnot apply to anyswitch fitted to the

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

steering control of avehicle if—

(a) it is a Schedule 2vehicle but not—

(i) an amateur-builtvehicle;

(ii) a vehiclemanufactured usingparts of a registeredvehicle; or

(iii) a rebuiltvehicle;

and

(b) the switch is anintegral part of thesteering control asoriginally fitted tothe vehicle by itsmanufacturer and itcan be depressedinto the steeringcontrol by fingerpressure.

4 Exhaust 1. The vehicle shall not emit For the purposes of Paragraphs 2, 3 andemissions any avoidable smoke or this item— 4 shall not apply

avoidable visible vapour. to—“eVective date”2. When the engine by which means the date of (a) vehicles notit is propelled is running manufacture of the propelled by a sparkwithout load at a normal idling vehicle, except that ignition engine;speed, the carbon monoxide in the case of a (b) vehicles havingcontent of the exhaust vehicle which for the an eVective dateemissions from the engine shall time being meets the before 1st Augustnot exceed— requirements of 1975; and

paragraph 3, 5 or 6(a) if the vehicle has an (c) vehicles havingof Schedule 2 toeVective date before 1st August an eVective datethese Regulations, it1986, 4.5%; or before 1st Augustshall mean the 1st

(b) if the vehicle has an 1987 and propelledJanuary

eVective date on or after 1st by a rotary pistonimmediately

August 1986 and not being a engine.preceding the date

vehicle to which sub- Paragraphs 2(a) andof manufacture ofparagraph (c) or (d) below (b) and 3 shall notthe engine by whichapplies, 3.5%; or apply to vehiclesit is propelled, if(c) if the vehicle is of a propelled by a 2-that date is earlier;description mentioned in the stroke engine.

“the emissionsAnnex to the emissions Paragraphs 2(c) andpublication” is thepublication and is either— 2(d) shall not applypublication entitled(i) a passenger car having an to vehicles having“In-service ExhausteVective date on or after 1st an eVective dateEmissionsAugust 1992; or before 1st JanuaryStandards for Road

1999 which areVehicles” (ISBN 0-(ii) any other vehicle havingeither—9526457-5-0)four or more wheels and an

published by theeVective date on or after 1st (i) fuelled solely byDepartment of theAugust 1994, the relevant either liquidEnvironment,percentage; or petroleum gas orTransport and the natural gas, or(d) if the vehicle is not of aRegions;

description mentioned in the (ii) bi-fuelled“a fast idling speed”Annex to the emissions vehicles whenmeans—publication and is either— controlled to

16

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provisions

operate on either of(a) in the case of a(i) a passenger car having anthose gases.vehicle of aeVective date on or after 1st

descriptionAugust 1995; or Paragraphs 3 andmentioned in the 4(b) shall not apply(ii) any other vehicle havingAnnex to the to vehicles fuelledfour or more wheels and anemissions solely by natural gaseVective date on or after 1stpublication, a or to bi-fuelledAugust 1997, 0.5%;rotational speed vehicles whenof the total exhaust emissionsbetween the controlled tofrom the engine by volume.minimum and operate on eithermaximum limits liquid petroleum gasshown against that or natural gas.description of

Paragraph 4(c) shallvehicle in columns

not apply to vehicles3(e) and (f)

fuelled by liquidrespectively of that

petroleum gas orAnnex; or

natural gas.(b) in any othercase, a rotationalspeed of between2,500 and 3,000revolutions perminute;

“the lambada value”means the ratio bymass of air to petrolvapour in themixture entering thecombustionchambers divided by14.7;

“a normal idlingspeed” means in thecase of a vehicle of adescriptionmentioned in theAnnex to theemissionspublication, arotational speedbetween theminimum andmaximum limitsshown against thatdescription ofvehicle in columns2(b) and 2(c)respectively of thatAnnex;

“passenger car”means a motorvehicle which—

(a) is constructed oradapted for use forthe carriage ofpassengers and isnot a goods vehicle;

(b) has no norethan five seats inaddition to the

17

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

driver’s seat;

(c) has a weight notexceeding 2,500 kgmaximum gross;and

(d) has four ormore wheels;

3. If the engine by which the “the relevant limits”vehicle is propelled is run means—without a load at a rotational (a) in the case of aspeed of 2,000 revolutions per vehicle of aminute, the hydrocarbon descriptioncontent of the exhaust mentioned in theemission from the engine shall Annex to thenot exceed 0.12% if the vehicle emissionseither— publication, the(a) has not more than three minimum andwheels; or maximum limits

shown against that(b) is a vehicle to whichdescription ofparagraph 2(a) or (b) applies;vehicle in columns

4. If the vehicle is one to3(c) and 3(d)

which paragraph 2(c) or (d)respectively of that

applies and the engine byAnnex; or

which it is propelled is run(b) in any otherwithout a load at a fast idlingcase, 0.97 and 1.03;speed—“the relevant(a) the carbon monoxidepercentage” meanscontent of the exhaustin the case of aemissions from the engine shallvehicle of anot exceed 0.3% of the totaldescriptionexhaust emissions from thementioned in theengine by volume;Annex to the

(b) the hydrocarbon content emissionsof the exhaust emissions from publication, thethe engine shall not exceed

percentage shown0.02% of the total exhaust

against thatemissions from the engine by

description ofvolume; and

vehicle in column(c) the lambda value shall be 2(a) of that Annex;between the relevant limits. and

“rotary pistonengine” means anengine in which thetorque is providedby means of one ormore rotary pistonsand not by anyreciprocating piston;and any rotarypiston engine shallbe deemed to be afour-stroke engine.

5 Smoke If the vehicle has an eVective For the purposes of This item shall onlyEmissions date on or after 1 August 1979, this item— apply to vehicles

when the engine by which it is propelled by a“co-eYcient ofpropelled is subject to the free- compressionabsorption” shall beacceleration test, the coeYcient ignition engine.construed inof absorption of the exhaust accordance with

18

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

emissions from the engine paragraph 3.5 ofimmediately after leaving the Annex VII toexhaust shall not exceed— Directive 72/306;(a) if the engine of the vehicle “eVective date” hasis turbo-charged, 3.0 per the same meaning asmetre, or in item 4; and(b) in any other case, 2.5 per “free acceleration”metre. has the same

meaning as inAnnex II toDirective 77/143/EEC as lastamended byDirective 92/55/EEC.

6 Lamps, The construction and For the purpose of This item, in so farreflectors equipment of the vehicle shall this item, the as it requires anyand devices be such that its use on a road Lighting lamp (not being a

between sunset and sunrise Regulations shall filament lamp),would not constitute a have eVect as if for reflector or device tocontravention or a failure to every reference to bear a particularcomply with— the date on which a standard mark (or

vehicle is first used one of two or more(a) regulations 11, 12, 13, 14,there were standard marks),15, 16, 17, 19 or 20 of thesubstituted a shall not apply to aLighting Regulations; orreference to the date vehicle if—

(b) regulation 18 of thoseof manufacture of (a) in the case of aRegulations except in so far asthe vehicle. lamp or device, itit requires a vehicle—For the purposes of meets the

(i) to comply with paragraphthis item— requirements as to

12(c) of Part 1 of Schedule 4 tointensity; and“approval mark”those Regulations; and

has the same (b) in the case of a(ii) to be fitted with a dim-dip

meaning as in reflector, it meetsdevice or running lamp.

Schedule 7 of the the standards as toLighting coeYcient ofRegulations; luminous intensity,

of the instrument to“coeYcient ofwhich the standardluminous intensity”mark (or as the casehas the samemay be one of thosemeaning as in ECEstandard marks)Regulation 3.01;relates.

“special purpose”This item, in so farmeans, in relation toas it requiresa vehicle, the specialcompliance withfunction, bodyregulation 14 of thearrangements orLightingequipment by virtueRegulationsof which the vehicle(filament lamps),is a special purposeshall not apply to avehicle for thelamp, if by virtue ofpurposes of Annexthe precedingIIA of the 1970paragraphs, it couldDirective;comply with this

“standard mark”item without

means a markbearing any

which, when applied standard mark.to a lamp, reflector

This item, in so faror device, indicatesas it requires the

19

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

compliance with theheadlampsrequirements of a(including a filamentparticularlamp fitted to ainstrument; and aheadlamp) fitted toreference to thea vehicle to bear ainstrument to whichparticular standarda standard markmark (or one of tworelates shall beor more standardconstruedmarks), shall notaccordingly.apply to headlampsthat emit suYcientlight to illuminatethe road in front ofthe vehicle on bothmain and dippedbeam.

In the case of a reardirection indicatorwhich is one of anumber of lampshaving a commonhousing and fittedto a left-hand drivevehicle, paragraph2(b)(i) in Part 1 ofSchedule 7 of theLightingRegulations shallapply as if for “400mm” there weresubstituted “480mm”.In the case of anambulance, motorcaravan, hearse orarmoured vehicle,exemptions shall bepermitted in so faras the specialpurpose of thevehicle makes itimpossible fully tocomply, providedthat all obligatorylamps, reflectors anddevices are installedand the angles ofvisibility are notaVected.

7 Rear-view 1. The vehicle shall be fitted For the purposes of This item shall notmirrors with at least one oVside this item— apply to vehicles

exterior mirror which meets— having not more“extreme outerthan three wheels, if(a) if the vehicle is right hand edge” has thethey comply withdrive or has a central driving meaning given bythe requirements forposition, the adjustment, rear regulation 3(2) ofmotor-tricycles inview, and vibration the LightingAnnex III torequirements; or Regulations;Directive 97/24/EC.

(b) if the vehicle is left hand “floor marking A”,The requirements ofdrive, the rear view, and “floor marking B”paragraph 2 shallvibration requirements. and “floor markingnot apply to motor

20

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

C” mean the lines2. It shall also be fitted with atcaravans,shown as such in theleast one interior mirror whichambulances, hearsesAppendices 1 and 2meets the adjustment, rear viewor armouredto this Schedule;and vibration requirementsvehicles (in each

unless no interior mirror could “longitudinal plane”case) having a

provide any view to the rear. has the meaningmaximum gross

given in regulation3. If no interior mirror is fitted weight exceeding3(2) of theor if no interior mirror meets 2,500 kg if theConstruction andthe rear view requirements, a vehicle has beenUse Regulations;nearside exterior mirror shall derived from a

be fitted which meets— “longitudinal plane vehicle of categorya”, “longitudinal(a) if the vehicle is right hand M2, M3, N2 or N3.plane b” anddrive or has a central driving Paragraph 4(b)(iii)“longitudinal planeposition, the rear view and shall not apply—c” mean the verticalvibration requirements; or

(a) to any mirror,planes “a”, “b” and(b) if the vehicle is left handno part of which is“c” in thedrive, the adjustment, rearless than 2,000 mmAppendices 1 and 2view, and vibrationabove the ground,to this Schedule;requirements.or

“pole A”, “pole B”4. Each rear view mirror fitted(b) to any mirrorand “pole C” meanto the vehicle shall either—which does notthe vertical lines

(a) comply with the protrude beyond anprojecting upwardsrequirements (including extreme outer edgefrom the horizontalmarking requirements) of of the vehicle, orsurface (floor) at theAnnex II to Directive 71/127/

positions shown in (c) any left handEEC as last amended by

the Appendices 1 drive vehicle.Directive 88/321/EEC or of

and 2 to thisPart I of ECE Regulation

Schedule, to the46.01 for a Class I mirror in

height of—the case of an interior mirror

(a) in the case ofand a Class III or a Class IIpole A, the highestmirror in the case of anpoint of theexterior mirror; orreflecting surface of(b) comply with the dimensionthe oVside exteriorrequirements and themirror;following requirements—(b) in the case of(i) the edge of the reflectivepole B, the highestsurface shall be enclosedpoint of thewithin a protective housing;reflecting surface of(ii) all parts of the externalthe interior mirror;surface of the mirror whichandare, in the case of an interior

mirror, contactable by a (c) in the case ofsphere of 165 mm diameter, pole C, the highestand in the case of an exterior point of themirror, by a sphere of 100 mm reflecting surface ofdiameter, shall have a radius the nearside exteriorof curvature of not less than mirror;2.5 mm, with the exception of

“transverse eyefixing holes or recesses less

plane” means thethan 12 mm wide if these are

vertical planeblunted;

passing through the(iii) exterior mirrors shall be

line shown as suchcapable of rotating inwards

in the Appendices 1towards the vehicle when a

and 2 to thisforce of 10 kg is applied

Schedule;horizontally at the extreme

“transverse plane”outer edge in a longitudinalmeans a verticalplane from both the front andplane normal to a

21

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

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the rear. The axis of rotationlongitudinal plane.shall lie within 50 mm of the

surface at which the mirror is “the adjustmentattached to the vehicle requirements”bodywork. In order to meet the

adjustmentrequirements—

(1) an interiormirror shall becapable of beingadjusted by thedriver when in hisdriving position;and(2) an exteriormirror must—

(a) be capable ofbeing adjusted bythe driver when inhis driving position,the door beingclosed; or

(b) be soconstructed that,when knocked outof alignment, it canbe returned to itsformer positionwithout need ofadjustment.

Provided that amirror shall beregarded as meetingthe requirements ofsub-paragraph (a)above whether ornot—

(a) it can meet thoserequirements onlywith the window inthe driver’s doorbeing open; or

(b) the mirror iscapable of beinglocked in positionfrom the outside ofthe vehicle.

“The dimensionrequirements”

In order for anexterior mirror tomeet the dimensionrequirements, thedimensions of thereflecting surfacemust be such that anorthogonalprojection onto avertical surfaceaccommodates a

22

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

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vertical line with alength of 70 mm anda rectangle withvertical sides of40 mm andhorizontal sides of70 mm.

In order for aninterior mirror tomeet the dimensionrequirements, thedimensions of thereflecting surfacemust be such that anorthogonalprojection onto avertical surfaceaccommodates arectangle withvertical sides of40 mm andhorizontal sides of80 mm.

“The rear viewrequirements” (seethe Appendices 1 and2 to this Schedule)

In order for amirror to meet therear viewrequirements, itmust be such thatwhen the vehicle ispositioned such thatits longitudinal axisis parallel to thelongitudinal planes a,b and c, with thedriver seated in hisnormal uprightdriving positionsuch that his eyes liein the transverse eyeplane and with themirror correctlyadjusted, he shall beable to see in thatmirror—

(a) in the case of anoVside exteriormirror, with theoVside extreme outeredge of the vehiclepositioned so that itis tangential to thelongitudinal plane a,the whole of floormarking A and poleA; and

(b) in the case of aninterior mirror, with

23

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

the centrallongitudinal axis ofthe vehiclepositioned so that itlies on thelongitudinal plane b,the whole of floormarking B and poleB; or

(c) in the case of anearside exteriormirror, with thenearside extremeouter edge of thevehicle positioned sothat it is tangentialto the longitudinalplane c, the whole offloor marking C andpole C.

“The vibrationrequirements”

In order to complywith the vibrationrequirements, amirror shall be fixedto the vehicle insuch a way thatunder normaldriving conditions,it neither moves soas to change thefield of vision, norvibrate to an extentwhich would causethe driver tomisinterpret thenature of the imagereceived.

8 Anti-theft 1. The vehicle shall be fitted This item shall notdevices with some form of anti-theft apply to disabled

device, that is to say, a person’s vehiclesmechanical, electrical orelectronic immobiliser or acombination of these (inaddition to any key operatedswitch normally used to startthe engine) that prevents thevehicle being driven or movedunder its own power.

2. No anti-theft device shalloperate on the braking system.

3. If any anti-theft device is,or incorporates, anymechanical device that actsupon a system that aVects thecontrol of the vehicle (e.g. thesteering control)—

(a) it shall not be possible tostart the engine in the normal

24

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

way until every suchmechanical device has beendeactivated,

(b) it shall not be possible toactivate any such mechanicaldevice while the engine isrunning, and

(c) the action of activating anysuch mechanical device shallbe distinct and separate fromthat of stopping the engine.

9 Seat belts 1. Every adult belt fitted to the For the purposes of This item shall notvehicle, not being a harness this item— apply to an adultbelt or a passive belt, shall belt fitted to a“adult belt” means acomply with the requirements vehicle if the beltseat belt for an adultof regulation 47(7) of provides a level ofnot being a disabledConstruction and Use safety equivalent toperson’s belt;Regulations to the extent (if that provided by an

“disabled person’sany) that it would apply were adult belt which

belt”, “lap belt” andthe said paragraph 7 to apply complies with the

“seat belt” have theto all motor vehicles. requirements of this

same meanings as initem as they would2. If the vehicle is fitted with regulation 47(8) ofotherwise apply toone or more passive belts, the Constructionthe belt butevery such belt shall— and Usedisregarding

(a) bear a mark as described Regulations;paragraph 2(b) and

in regulation 47(4)(c)(i) of the “harness belt” 3(b).Construction and Use means an adult beltRegulations; or which is a harness(b) meet the requirements belt comprising areferred to in regulation lap belt and47(4)(c)(iii) of those shoulder straps;Regulations. “passive belt”3. If the vehicle is fitted with means an adult beltone or more harness belts, comprised in aevery such belt shall— passive belt system.

(a) bear a mark as describedin regulation 47(4)(c)(ii) of theConstruction and UseRegulations; or

(b) meet the requirementsreferred to in regulation47(4)(c)(iv) of thoseRegulations.

10 Seat belt 1. The vehicle shall comply For the purposes of Paragraph 3 shallanchorages with the requirements of this item— not apply to

paragraph 4.3 of Annex I to anchorages which“adult belt”,Directive 76/115/EEC. For are so located that“harness belt” andoutboard seating positions when used with an“passive belt” haveother than in the front, two adult belt of a typethe same meaningslower anchorages are allowed. for which they areas in item 9;

intended to be used,2. Without prejudice to “disabled person’sif they provide aparagraph 1, the vehicle shall belt”, “forward-level of safetybe fitted with an anchorage in facing seat” andequivalent to thatevery position required to hold “seat belt” have theprovided bysecurely every adult belt or any same meanings as inanchorages thatpart of an adult belt fitted to regulation 47(8) ofmeet thethe vehicle. the Constructionrequirements of that

25

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

3. Every anchorage intended and Useparagraph when

for an adult belt shall comply Regulations; andused with an adult

with the requirements of Annex I to Directive belt of a type forparagraphs 4.2, 4.4 and 4.5 of 76/115/EEC which they areAnnex I to Directive 76/115/ Directive shall have intended.EEC. eVect as if for

For motor caravans,4. The vehicle shall comply paragraph 4.4.1

ambulances andwith the requirements of there were

hearses, paragraph 1paragraph 5 of Annex I to substituted—

shall apply only toDirective 76/115/EEC. “4.4.1 Every belt seating positions

anchorage shall where there is a seatcomply with the intended for usefollowing while the vehicle isrequirements.”. travelling on a road.

An armouredvehicle shall beexempted from anyrequirement ofparagraph 1 if it canbe demonstrated tothe satisfaction ofthe Secretary ofState that it isimpossible for thevehicle to complydue to its specialpurpose.

11 Installation 1. The vehicle shall be fitted For the purposes of The requirements ofof seat belts with, a harness belt, a passive this item— paragraphs 1, 2 and

belt or a three point belt for the 3 shall not apply in“adult belt”,driver’s seat and the specified relation to a seat“harness belt” andpassenger seat (if any). fitted to a disabled“passive belt” have

person’s vehicle if2. If the vehicle has an the same meaningsthe vehicle is fittedeVective date on or after 1st as in item 9;with a disabledApril 1987, in addition to the “appropriate belt”, person’s belt for thatseat belts required by in relation to a seatseat.paragraph 1 above, it shall be in a vehicle,

fitted with an appropriate belt Paragraph 2 shallmeans—for every other forward-facing have eVect in

(a) in a case whereseat in the front alongside the relation to motorthe windscreen is

driver’s seat, not being a caravans,located asspecified passenger’s seat. ambulances andmentioned in

hearses as if for “1st3. If the vehicle has an paragraph 3.1.7 ofApril 1987” thereeVective date on or after 1st Annex 1 towere substitutedApril 1987, in addition to the Directive 77/541/“1st October 1988”.seat belts required by EEC as last

paragraph 1 and 2 above, it Paragraph 3 shallamended byshall be fitted with a harness have eVect inDirective 90/628/belt, a lap belt, a passive belt or relation to motorEEC, a harness belt,three-point belt for every other caravans,a lap belt, a passiveforward-facing seat. ambulances andbelt, or a three-point

hearses as if—4. Every adult belt and every belt; anddisabled person’s belt fitted to (a) for “1st April(b) in any otherthe vehicle shall be properly 1987” there werecase, a harness belt,secured to anchorages substituted “1sta passive belt or aprovided for it and installed so April 1997”; andthree-point belt.that it can be used properly to (b) there were“child restraint”,restrain an occupant (e.g. in added at the end the“disabled person’sthe case of a lap belt by words “intended forbelt”, “forward-passing over the pelvic region use while the vehicle

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

facing seat”, “lapand in the case of a harness is travelling on abelt”, “seat belt”,belt, a passive belt or a three- road”.“eVective date”point belt by also restraining

means— An armouredthe upper torso and not being

vehicle shall be(a) in the case of aliable to slip oV the shoulder).exempted from anyvehicle which meetsAlso, there shall be no sharprequirement ofthe requirements ofedges liable to cause abrasionparagraphs 1, 2 or 3paragraph 3 ofor damage to the belts inif it can beSchedule 2 to thesenormal use. In the case ofdemonstrated to theRegulations—every lap belt, passive belt andsatisfaction of thethree point belt, provision shall (i) if the vehicleSecretary of State

be made for their safe and does not have athat it is impossible

convenient storage. separate chassis, thefor the vehicle to

date of manufacturecomply on account

of the integralof its special

chassis-body, or purpose.(ii) if the vehicle hasa separate chassis,the date ofmanufacture of thebody or the chassis,whichever is theearlier; or

(b) in the case ofany other vehicle,the date ofmanufacture of thevehicle;

“Special purpose”has the samemeaning as in item6;“specifiedpassenger’s seat”,and “three-pointbelt” have the samemeanings as inregulation 47(8) ofthe Constructionand UseRegulations.

12 Brakes 1. The vehicle shall comply For the purpose of The requirements inwith the requirements of this item— paragraph 1 for theparagraph 2.1 and 2.2 of driver to be able to“anti-lock device”—Annex 1 of Directive 71/320/ operate the service

(a) except inEEC as last amended by braking system

relation to a vehicleDirective 85/647/EEC; but in while keeping both

having not morethe application of that Annex hands on the

than three wheels,(as so amended) for these steering control, and

has the samepurposes— the secondary

meaning as inbraking system(a) the second sentence of Directive 71/320/while keeping atparagraph 2.2.1.2.4 shall not EEC as lastleast one hand onapply; and amended bythe steering control,

(b) paragraph 2.2.1.4.2 shall Directive 88/194/shall not apply to a

not apply in relation to a EEC; anddisabled person’s

vehicle which is fitted with a (b) in relation to a vehicle, providedbraking device having a split- vehicle having not that the vehicle iscircuit transmission which more than three adapted to allow theenables braking of not less wheels, has the same driver to control the

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than one wheel on each side of meaning as in steering at all timesthe vehicle, in the event of Appendix 2 to the while operatingfailure in a part of the Annex of Directive either brakingtransmission of the service 93/14/EEC; system.braking;

“brake eYciency” Paragraphs 1 to 4(c) paragraph 2.2.1.5.1 shall means maximum shall not apply toapply as if for the last sentence total brake force vehicles having notthere were substituted the expressed as a more than threewords “This condition must be percentage of the wheels, if theymet by automatic means”. maximum gross comply with the

weight;2. If the vehicle is equipped requirments forwith an anti-lock device it shall motor-tricycles in“braking device”,comply with paragraph the following“control”,2.2.1.23 of 71/320/EEC as last provisions of“transmission”,amended by Directive 88/194/ Directive 93/14/“service braking”,EEC. EEC—“secondary

braking” and (a) paragraph 2.1 of3. The vehicle shall comply“parking braking”, the Annex;with the requirements ofhave the sameparagraphs 2.2.1.11.1 and (b) paragraphs 2.2.4meaning as in2.2.1.11.2 of Directive 71/320/ to 2.2.8 of theDirective 71/320/EEC as last amended by Annex; andEEC as lastDirective 91/422/EEC. (c) in the case ofamended by

4. The secondary braking and vehicles equippedDirective 85/647/service braking shall have the with anti-lockEEC;

same control. devices, Appendix 2“in running order” to the Annex;5. The brake eYciency shall bemeans—

In relation tonot less than—(a) with all fluids vehicles having not(a) for the service braking (such as oils and more than three

(i) in the case of a passenger engine coolant) wheels, paragraph 5vehicle, 60%; or necessary for the shall have eVect as

vehicle to be driven,(ii) in the case of a goods if—the fuel tanks full, avehicle, 50% (a) for “60%” andspare wheel and a

(b) for the secondary braking “30%” there weretool-kit;

in the case when the servo- substituted “50%”(b) carrying a driverassistance provided for the and “25%”weighing 68kg; butservice braking (if any) fails respectively, and(c) not otherwiseand a force is applied to the (b) for “50 kg” andcarrying any load orcontrol “70 kg” there werepassengers.

(i) in the case of a passenger substituted “40 kg”,“lateral brakevehicle, 30% when the force if a manual controldistribution”, inapplied is 50kg; or is used to apply therelation to an axle, secondary braking.(ii) in the case of a goodsmeans the ratio

Paragraph 7 shallvehicle, 25% when the force(expressed as a

not apply to aapplied is 70kg.percentage) of the

Schedule 2 vehicle(c) 18% for the parking lower to the higherother than:—braking. of the braking forces(a) an amateur-builttransmitted by thevehicle;tyres to the road(b) a vehiclesurface for twomanufactured usingwheels, on oppositeparts of a registeredsides of the vehiclevehicle;on the same axle;(c) a rebuilt vehicle;“longitudinal brake

distribution” means andthe ratio of the (d) the brakesbraking forces acting on its reartransmitted by the wheels are fittedtyres to the road

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with an anti-locksurface through the device and were sofront and rear fitted at the time ofwheels respectively its manufacture.when the vehicle isin running order andbeing braked on alevel surface;

“maximum totalbrake force” meansthe total brakingforce when thebrakes are fullyapplied;

“servo-assistance”means an energysupply whichsupplements themuscular energy ofthe driver;

“total brakingforce” means thetotal of the brakingforces transmittedby the tyres to theroad surface whenthe brakes areapplied.

6. The lateral brakedistribution for the servicebraking shall—

(a) in relation to each steeringaxle; and(b) for all values of totalbreaking force and vehiclespeed,

be not less than 70%.

7. The longitudinal brakedistribution for the servicebraking shall, for all values oftotal braking force, vehiclespeed and adjustment settings(if any), be greater than theratio of the vertical forcestransmitted to the roadthrough the front and rearwheels respectively when thevehicle is in running order andbeing braked on a levelsurface.

8. The capacity of the brakingdevice to absorb and dissipateenergy shall be suYcient toensure that all the requiredaspects of brakingperformance can bemaintained under all normaloperating conditions of thevehicle, including long hilldescents, taking account of the

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vehicle’s speed capability,weight and weightdistribution.

13 Noise and 1. The vehicle shall be fitted For the purposes of Paragraph 1 shallsilencers with an exhaust system this item, “S” means only apply to

including a silencer such that the rotational speed vehicles propelledthe exhaust gases shall not at which maximum by an internalescape into the atmosphere power is produced. combustion engine.without first passing throughthe silencer.

2. When—

(a) the vehicle is heldstationary on a level surfacesuch that there is anunobstructed area not lessthan 3 metres wide all aroundthe vehicle; and

(b) the engine by which thevehicle is propelled is run at aconstant rotational speed of3/4 S,

the noise measured at 0.5metres from the exhaust outletat 45 degrees to the axis of theoutlet pipe in a horizonatalplane, shall not exceed101db(A).

14 Glass in The windows of the vehicle For the purposes of The requirements ofwindscreens shall be fitted with glazing this item, the regulation 32(2) andand other which complies with the Construction and (7) of thewindows requirements of regulations 31 Use Regulations Construction andoutside and 32 of the Construction shall have eVect as if Use Regulations

and Use Regulations to the every reference to shall not apply toextent (if any) that they apply the date on which a the glazing fitted toto the vehicle. However, side vehicle is first used any window, if thatscreens may be constructed of were a reference to glazing provides asafety glazing. its eVective date. level of safety

equivalent to glazingFor the purposes ofwhich complies withthis item—the requirements set

“eVective date”out in column 3 of

means—this item.

(a) for the purposesIn relation to a

of regulation 32(2)vehicle fitted with a

and (10) of thenear-side exterior

Construction andmirror (in addition

Use Regulations,to the obligatory

the date ofoV-side exterior

manufacture of themirror) which meets

vehicle or 31stthe requirements of

March 1985,item 7 (rear-view

whichever is themirrors), the

earlier;requirements of

(b) for all other regulation 32(10) ofpurposes, the date those Regulationsof manufacture; shall not apply to

the glazing fitted to“safety glazing” hasany window everythe same meaning aspart of which is

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provisions

in regulation 32(13)behind the driver.of the Construction

and Use In relation to anyRegulations; and glass fitted in a“side-screen” means window of anan item of glazing armoured vehicle,wholly or partly on the requirements ofeither side of the regulation 32(10) ofdriver’s seat that those Regulationsdoes not slide or shall apply as if themove relative to the values in column 4vehicle or any of its of Table II of thatparts (including regulationglazing) in a manner (minimum lightlikely to cause transmission) wereabrasion to any all 60 per cent.glazing surface.

15 Seats and 1. Every seat and seat back This item does nottheir adjustment and displacement apply to seats notanchorages system provided shall intended for normal

incorporate a locking system use while the vehiclewhich operates automatically is travelling on ain all positions provided for road (including seatsnormal use and all seats, exempt fromincluding those which can be Directive 74/408/tipped forward or have fold- EEC as lastdown backs, shall lock amended byautomatically in their normal Directive 81/577/upright position. EEC).

2. The unlocking controls for This item does notdisplacement systems which apply to any seatfacilitate access by passengers designed for ashall be accessible from person with aoutside the vehicle when the disability and fitteddoor is open. They shall be in a disabledeasily accessible, even to the person’s vehicle.occupant of the seatimmediately behind the seatconcerned if such a seat isdesignated as suitable for anadult.

3. Seats shall be constructedand firmly attached to thevehicle such that they andtheir anchorages comply withthe design, construction andfitting requirements ofparagraph 6.2 to Annex I ofDirective 74/408/EEC.

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16 Tyres 1. Every tyre (not being a For the purpose of Paragraph 1 shallretreaded tyre) fitted to the this item— not apply to a tyrevehicle shall bear an approval fitted to a vehicle, if“BS AU 144e–1988”mark in accordance with the the tyre provides ahas the samerequirements of Directive 92/ level of safetymeaning as in the23/EEC or ECE Regulation equivalent to a tyreMotor Vehicles30. that meets theTyres (Safety)

requirements of that2. Every retreaded tyre fitted Regulations 1994;(a)paragraph.to the vehicle shall bear a “corresponding

mark in accordance with Paragraph 2 shallstandard” shall beparagraph 6 of BS AU not apply to a tyreconstrued in144e–1988 or a corresponding fitted to a vehicle, ifaccordance withstandard and the indication the tyre provides aregulation 13 of thegiven by the mark must not be level of safetyMotor Vehiclesfalse in a material particular. equivalent to thatTyres (Safety)

provided by a tyre3. Each tyre fitted to the Regulations 1994 asthat complies withvehicle shall bear marks that it applies to BSthe requirements ofwere moulded on to or into the 144e–1988.that paragraph sotyre at the time that it wasfar as it relates tomanufactured which provideBS AU 144e–1988.the following service

information— Paragraph 3(c) and(d) shall not apply(a) nominal size;to a tyre fitted to a

(b) construction type (e.g.vehicle for which

radial ply);information on the

(c) load capacity; and load capacity andspeed capability(d) speed capability.have been separately

4. Each tyre fitted to theprovided.

vehicle shall be of a nominalsize appropriate to the wheelto which it is fitted.5. Tyres on the same axle shallbe of the same nominal sizeand of the same constructiontype. If radial tyres are fittedto the front axle, they shallalso be fitted to the rear and ifbias-belted tyres are fitted tothe front axle, radial or bias-belted tyres shall be fitted tothe rear.

6. Each wheel on each axleshall be equipped with a tyrewhich has a load capacity suchthat when the axle is loaded toits maximum permitted axleweight, the weight transmittedto the road surface by that tyredoes not exceed that loadcapacity.

7. The speed capability of alltyres fitted shall be not lessthan the maximum designspeed of the vehicle.

a)( S.I. 1994/3117.

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17 Interior 1. No surface (other than a For the purposes of This item shall notfittings surface of a window) of the this item— apply to a goods

vehicle interior which can be vehicle.“air bag” means acontacted by a sphere of flexible bag fitted to This item shall not165mm diameter and which is a vehicle and apply to any areawithin the specified zone, shall designed to be filled inside a motorinclude any fittings (e.g. with gas under caravan, ancontrols and instruments) or pressure in order to ambulance or adesign features which have any protect the driver or hearse which is notdangerous roughness or sharp a front seat inside the headedges. passenger in the impact zone for any2. Switches and other controls event of a collision designated seatingmounted on the instrument involving the front position.panel which project by more of the vehicle; An armouredthan 9.5mm from the surface “designated seating vehicle shall beof the panel, can be contacted position” means a exempted from anyby a sphere of 165mm position where there requirement of thisdiameter and which are within is a seat designed for item if it can bethe specified zone, shall be so normal use while the demonstrated to theconstructed and mounted that vehicle is travelling satisfaction of thethey would either retract into on the road; Secretary of Statethe surface of the panel or that it is impossible“head impact zone”become detached from the for the vehicle tohas the samepanel when a horizontal force comply due to itsmeaning as inof 40kg is applied to them. special purposeDirective 74/60/3. The lower edge of the EEC; Paragraphs 1 and 2instrument panel shall be shall not apply to“non-rigid material”rounded to a radius of any switches,means a materialcurvature of not less than controls orwhich has a19mm, or if it is covered with associatedhardness of less thannon-rigid material, not less equipment designed50 shore A;than 5mm. for the use of a“rigid material”4. The rearward and upward- person with ameans a materialfacing parts of seat frames disability and fittedwhich has abehind which there is a in a disabledhardness of no lessdesignated seating position, person’s vehiclethan 50 shore A;shall be both covered with Paragraph 4 shall“sharp edge” meansnon-rigid material and have a not apply to anyan edge of rigidradius of curvature of not less seat designed for amaterial having athan 5mm. person with aradius of curvature5. The handbrake control in disability and fittedof less than 2.5mm,the fully released position and in a disabledexcept in the case ofthe gear-lever control in any person’s vehicleprojections of lessforward gear position shall not than 3.2mm from Paragraph 5 shallhave any radius of curvature the panel. In this not apply to—of less than 3.2mm on surfaces case, the minimum (a) any floor-which can be contacted by a radius of curvature mounted hand-sphere of 165mm diameter. shall not apply brake control if, in6. Shelves and other similar provided that the the fully releaseditems shall be so constructed height of the position, no part ofthat their supports have no projection is not the control is in theprotruding edges and that all more than half its specified zone; orparts facing into the vehicle width and its edges

(b) any hand-brakepresent a surface not less than are blunted;

control mounted on25mm high with edges “special purpose” or under therounded to a radius of has the same instrument panel, ifcurvature of not less than meaning as in item in the fully released3.2mm. This surface shall also 6; position, there is nobe covered with non-rigid

“specified zone” possibility of thematerial.means the zone occupants of the

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7. On that part of the inner which— vehicle contacting itsurface of the roof which is in the event of a(a) is forward of thesituated above or forward of frontal impact.transverse plane ofthe occupants and can be

the torso reference Paragraph 7 shallcontacted by a sphere of

line of the manikin not apply to parts165mm diameter, the width of

as defined in covered with a non-projecting parts made of rigid

paragraph 2.5 and rigid material andmaterial, shall not be less thanappendix 1 of the hood-frames of

the length of their projectionAnnex 3 to convertible vehicles.

from the surface and theirDirective 77/649/ For opening roofs,

edges shall have a radius ofEEC as last the requirements

curvature of not less thanamended by shall apply to parts,

5mm. Roof sticks or ribs madeDirective 90/630/ including devices for

of rigid material with theEEC with the opening, closing and

exception of the header rail ofmanikin positioned adjusting the roof,

the glazed surfaces and doorin the rearmost with the roof in the

frames, shall not projectdesignated seating closed position.

downwards by more thanposition; Paragraph 1 (in so19mm.(b) is above the far as it relates tohorizontal plane the surface of anpassing through the instrument panel)point 150mm above and paragraph 2the lowest part of shall not apply to athe top of the front vehicle if—seat cushions; and (a) it is a Schedule 2(c) is outside the vehicle but not oneareas defined by of the followingparagraphs 2.3.1, classes—2.3.2 and 2.3.3 of (i) an amateur-builtAnnex I to Directive vehicle;74/60/EEC as last

(ii) a vehicleamended by

manufactured usingDirective 78/632/

parts of a registeredEEC.

vehicle;

(iii) a rebuiltvehicle;

(b) it is fitted withair bags for theprotection of thedriver and the frontseat passenger; and

(c) those air bagswere fitted at thetime the vehicle wasmanufactured.

18 External 1. The vehicle shall not be For the purposes of This item shall notprojections fitted with any mascot, this item— apply to a goods

emblem or other ornamental “extreme outer vehicle.object unless it complies with edge” has the Those parts of athe requirements of regulation meaning given by motor caravan,53 of the Construction and regulation ambulance or hearseUse Regulations. 3 (2) of the Lighting other than the

Regulations2. The radius of curvature of driver’s cabin shallmodified so as toall hard parts on or protruding be exempted fromdisregard thefrom the external surface of the any requirement ofprojection ofvehicle and which can be this item if it can behandles, hinges,contacted by a sphere of 100 demonstrated to thepush buttons, fuelmm diameter, shall be not less satisfaction of thetank filler caps andthan 2.5 mm. Secretary of State

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windows; that it is impossible3. Headlamp visors and rims“external surface” for the vehicle toshall not project more thanof the vehicle means comply due to its30 mm beyond the lensthe outward facing special purpose.surface.surface at any An armoured4. The ends of bumpers shallheight from the floor vehicle shall bebe turned inwards or recessed line up to a height of exempted from anyor integrated within the2 metres from the requirement of thisbodywork.horizontal surface item if it can be

5. Handles, hinges, push on which the vehicle demonstrated to thebuttons and fuel tank filler is standing; satisfaction of thecaps shall not project more

Secretary of State“floor line” has thethan 40 mm from the external

that it is impossiblesame meaning as insurface unless they cannotfor the vehicle toDirective 74/483/

under any circumstancecomply due to itsEEC.

project beyond the extreme special purpose.“hard parts” meansouter edge of the vehicle, inParagraph 2 shallthose made of awhich case they may projectnot apply to—material of hardnessby up to 50 mm from the

exceeding 60 shore (a) parts whichexternal surface. All handlesA; protrude by lessshall be enclosed in a

than 5.0 mm but byprotective surround or be “special purpose”not less than 1.5recessed, unless they cannot in has the samemm, if the outwardany circumstances project meaning as in itemfacing angles of suchbeyond the extreme outer edge 6;parts are bluntedof the vehicle. “vehicle body plan-and any parts which6. The open ends of door form” means theprotrude by lesshandles which rotate parallel area resulting fromthan 1.5 mm;to the plane of the door shall a vertical projection(b) grills such as airbe turned back towards the of the complete bodyintakes, having gapsplane of the door. Such open onto a horizontalof not more than 40ends shall be directed surface; and, for themm but more thanrearwards unless the handles purposes of this25 mm, if they havecannot under any definition—radii of curvature ofcircumstances project beyond “complete body”not less than 1 mm;the extreme outer edge of the means all parts ofand those havingvehicle and at least one of the the bodywork andgaps of not morefollowing requirements is chassis, includingthan 25 mm butmet— any separate wheel-more than 10 mm, if(a) the open end of the handle guards, but does notthey have radii ofis shielded to the front by a include runningcurvature of not lessprotective surround, or gear, such as wheels,than 0.5 mm; and

axles, suspension,(b) the open end of the handle those having gaps ofbrakes and steering.is recessed into the vehicle not more than 10

bodywork, or mm; if they are(c) the gap measured laterally blunted;between the open end of the (c) wind screen,handle and the vehicle body is head lamp and rearno more than 2 mm when the window wiperhandle is in its normal position blades and supports,with the door latched. provided that they7. The open ends of handles are blunted;which pivot outwards in any (d) wheels, if theredirection shall face either are no pointed orrearwards or downwards, sharp features whichunless they have an projects beyond theindependent return mechanism external plane of theand cannot project more than wheel rim, no wing15 mm from the external nuts are fitted abovesurface should the return the horizontal planemechanism fail. passing through the

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8. Windows which open axis of rotation ofoutwards from the external the wheels, andsurface of the vehicle shall there are nohave no forward facing projections beyondexposed edge and shall not the vehicle body planproject beyond the extreme form apart fromouter edge of the vehicle. tyres and wheel9. No jacking bracket shall discs, (includingproject by more than 10 mm central wheelbeyond the vertical projection securing nuts) if theof the floor line lying directly latter have a radiusabove it. of curvature of not

less than 30 mm and10. No exhaust pipe shalldo not project byproject by more than 10 mmmore than 30 mmbeyond the vertical projectionbeyond the vehicleof the floor line lying directlybody plan-form;above it, unless it terminates in

a rounded edge having a (e) sheet metalradius of curvature of no less edges if they arethan 2.5 mm. folded back by

about 180 degrees;

(f) folds in bodypanels;

(g) lateral air orrain deflectors, iftheir edges whichare capable of beingdirected outwardshave a radius ofcurvature of not lessthan 1 mm; and

(h) in the case of aSchedule 2 vehicleother than—

(i) an amateur-builtvehicle;

(ii) a vehiclemanufactured usingparts of a registeredvehicle, or

(iii) a rebuiltvehicle,

any part of theexternal surface ofthe body (includingwithout prejudice tothe generality of thisparagraph cosmeticfeatures such as trimand badges) of thevehicle as originallymanufactured, or assubsequently alteredin a mannerapproved by themanufacturer, andwhich it is notreasonablypracticable toremove.

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19 Speed- 1. The vehicle shall be fitted In this item This item shall notometers with a speedometer capable of “maximum speed” apply to vehicles

indicating speed in mph at has the meaning having a maximumuniform intervals not given in regulation speed of less than 25exceeding 20 mph at all speeds 3(2) of the mph.up to the maximum speed of Construction andthe vehicle and capable of Use Regulations.being read by the driver at alltimes of the day or night.

2. For all true speeds up to thedesign speed of the vehicle, thetrue speed shall not exceed theindicated speed.

3. For all true speeds ofbetween 25 mph and 70 mph(or the maximum speed iflower), the diVerence betweenthe indicated speed and thetrue speed shall not exceed—

V/10!6.25 mph

where V%the true speed of thevehicle in mph.

20 Wiper and 1. The vehicle shall be fitted This item shall notwasher with one or more wipers which apply to a goodssystem when switched on, operate vehicle.

automatically to clear the This item shall notwindscreen of water so that apply to vehicles notthe driver has an adequate equipped with aview of the road ahead, both windscreen throughdirectly in front of the vehicle which the driverand in front of both sides of must look to obtainthe vehicle, in wet weather. an adequate view of2. The wiper or wipers shall the road ahead,have at least one operating both directly infrequency at which it or they front of the vehicleshall operate continuously at and in front of bothno less than 45 cycles per sides of the vehicle,minute. from all normal

seating positions.3. The wiper blade or bladesshall return automatically to aposition of rest which shall beat or beyond the outer edge ofthe area swept by the wiperand shall be capable of beingdisplaced from this position onthe windscreen to allow forwindscreen cleaning.

4. The vehicle shall be fittedwith a windscreen washersystem capable of cleaning, inconjunction with the wiper orwipers, the area of windscreenswept by the wiper or wipers.

5. When this system isactuated with the nozzlesplugged, it shall be capable ofwithstanding the pressuresproduced.

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6. The capacity of the liquidreservoir for this system shallnot be less than 1 litre.

21 Defrosting 1. The vehicle shall be This item shall notand equipped with a system for apply to a goodsdemisting removing frost and ice from vehicle.system the glazed surfaces of the This item shall not

windscreen. This system shall apply to vehicles notbe eVective enough to ensure equipped with athat the driver has an adequate windscreen throughview of the road ahead, both which the driverdirectly in front of the vehicle must look to obtainand in front of both sides of an adequate view ofthe vehicle, in cold weather. the road ahead,2. The vehicle shall be both directly inequipped with a system for front of the vehicleremoving mist from the and in front of bothinterior glazed surface of the sides of the vehicle,windscreen. This system shall from all normalbe eVective enough to ensure seating positions.that the driver has an adequateview of the road ahead, bothdirectly in front of the vehicleand in front of both sides ofthe vehicle, in wet and humidweather.

22 Fuel input The vehicle shall be fitted with This item shall nota fuel tank so constructed that apply to vehicles toit cannot readily be filled from which paragrapha petrol pump delivery nozzle 2(c) or (d) in columnwhich has an external diameter 3 of item 4 (exhaustof not less than 23.6mm emissions) do notwithout the aid of a device apply.(such as a funnel) not fitted tothe vehicle.

23 Design 1. The maximum gross weight For the purposes of This item shall notweights of the vehicle shall be no less this item— apply to a goods

than the sum of the kerbside vehicle.“seat” means anyweight, and— seat, including the(a) in the case of a vehicle driver’s seat,other than a motor caravan, designed for use75kg for each seat; and while the vehicle is

travelling on the(b) in the case of a motorroad.caravan, 85kg for each seat

and 10kg for each metre of thetotal length of the vehicle.

2. For all vehicles—

(a) the sum of the maximumpermitted axle weights mustnot be less than the maximumgross weight of the vehicle;

(b) when the vehicle is loadedto its maximum gross weightby placing a weight of 68kg ineach seat and by distributingthe remaining weight evenly inthe areas designed toaccommodate luggage (all in

38

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accordance with paragraph 2of the Appendix to Directive92/21/EEC as last amended byDirective 95/48/EC), the axleweight of each axle shall notexceed the maximumpermitted axle weight; and

(c) when the vehicle is loadedto its maximum gross weight,and at the same time, its rearaxle is loaded to its maximumpermitted axle weight, thefront axle weight shall not beless than 30% of the maximumgross weight.

24 General 1. All aspects of the designvehicle and construction of the vehicleconstruction and its equipment which are

not covered by other subjectmatters in this Schedule, shallbe such that no danger iscaused or likely to be causedto any person in the vehicle oron a road.

2. In particular, under allnormal conditions likely to beencountered while the vehicleis being driven on a road,including when the vehicle isloaded to its maximum grossweight and the axle weight ofany one axle equals itsmaximum permitted axleweight—

(a) it shall be possible tocontrol the vehicle safely,taking account of the vehicle’sspeed and accelerationcapabilities;

(b) it shall at all times bepossible for the driver, whilecontrolling the vehicle, to havea full view of the road andtraYc ahead of the vehicle;

(c) the clearance between anyof the following parts of thevehicle, namely the tyres,wheels, other rotatingcomponents associated withthe transmission of enginepower or braking, moveableparts of the steeringmechanism and fixed partsshall be suYcient to ensure norisk of fouling and the wheelsand wheel fixings shall becompatible;

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Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

(d) the vehicle structure(chassis or integral chassis-body), shall be so designedand constructed as towithstand the forces andvibration to which it is likelyto be subject;

(e) all entries and exitsprovided for the vehicleoccupants (other than doors)shall be so designed as to alloweasy and safe use.

(f) all aperture covers (otherthan doors) including tailgates, boot and bonnet lids,shall be capable of beingsecurely latched in the fullyclosed position;

(g) the steering, suspension,axles and wheels shall be sodesigned, constructed andfitted as to withstand theforces and vibration to whichthey are likely to be subject;

(h) the fuel system, includingthe fuel tank, shall be sodesigned, constructed andfitted as to withstand theforces, vibration and corrosiveenvironment to which it islikely to be subject. It shallalso be so fitted as to avoid therisk of damage, such asabrasion, due to fouling ofother parts, and to minimisethe risk of fire in the event ofany leakage of fuel. The fueltank shall comply withregulation 39 of theConstruction and UseRegulations, except that itneed not be made of metal.

(i) the electrical system,including the battery, electricalcomponents and wires, shallbe securely attached to thevehicle. In particular, themaximum distance betweenattachments of wires, exceptthose contained within hollowcomponents, shall be 300 mmand wires shall be so fitted andprotected as to avoid the riskof damage to insulation, suchas abrasion. All componentsshall be so constructed andfitted as to minimise the risk ofcorrosion and fire.

40

1 2 3 4 5

Item Subject Requirement Definitions and Exemptions andmatter supplementary modifications

provisions

25 Plate for Every goods vehicle shallgoods comply with the requirementsvehicles of paragraphs (2) and (3) of

regulation 66 of theConstruction and UseRegulations.

41

42

43

SCHEDULE 4 Regulation 5(1)(b)

APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES EXCEPT SCHEDULE 2VEHICLES

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

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

3 Protective 1st July 1991 Directive 74/ ECE This item shall notsteering 297/EEC, Regulation apply to—

annex 1, 12.01, (a) vehicles, theparagraphs 5 paragraphs 5 steering control ofand 6 and 6 which has been

speciallyconstructed for theuse of a personsuVering fromsome physicaldefect or disability;

1st October Directive 74/ ECE (b) ambulances,1996 297/EEC as Regulation motor caravans

last amended 12.03, and hearses (inby Directive paragraphs 5 each case) having a91/662/EEC, and 6 maximum grossannex 1, weight of moreparagraphs 5 than 2,500 kg ifand 6 the vehicle has

been derived froma goods vehiclewhich either had amaximum grossweight of not lessthan 1,500 kg orwas manufacturedbefore 1st October1997; and

(c) armouredvehicles.

4 Exhaust 1st January Directive 70/ ECE For theemissions 1993 220/EEC as Regulation purposes of

last amended 83.01, this item—by: paragraphs “passenger

5, 8 amd 13Directive 91/ car” means a441/EEC, motorannex 1, vehicleparagraphs which5, 7 and 8 (a) is(applies only constructedto passenger or adaptedcars) to carry

passengersand is not agoodsvehicle;

(b) * has nomore than 6seats

44

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

including thedriver’s seat;and

(c) has amaximumgross weightnotexceeding2,500 kg.

*Note:paragraph(b) does notapply tovehiclesmanufacturedafter 1stJanuary2001.

1st October Directive 93/ ECE1994 59/EEC, Regulation

annex 1, 83.01,paragraphs paragraphs5, 7 and 8 5, 8 and 13(applies onlyto vehiclesother thanpassengercars)

1st January Directive 94/ ECE “Reference1997 12/EC, Regulation mass” has

annex 1, 83.02, the sameparagraph 5 paragraph 5 meaning as(applies only in Directiveto passenger 70/220/EECcars) as last

amended byDirective 96/69/EC.

1st October Directive 96/ ECE “Class I1997 (applies 69/EC, Regulation vehicle”from this annex 1, 83.03, means adate to Class paragraph 5 paragraph 5 goodsI vehicles) vehicle

(categoryN1) whichhas areferencemass notexceeding1,250 kg(1,305 kgfrom 1stJanuary2001).

45

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

1st October “ “ “Class II1998 (applies vehicle”from this means adate to goodsvehicles of vehiclecategory M1 (categoryother than N1) whichpassenger has acars, Class II referenceand Class III massvehicles) exceeding

1,250 kg(1,305 kgfrom 2001)but notexceeding1,700 kg(1,760 kgfrom 2001).

1st October Directive 98/ ECE “Class III1999 77/EC, Regulation vehicle”

annex 1, 83.04, means aparagraph 5 paragraph 5 goods(applies to vehiclevehicles (categoryfuelled by N1) whichliquid has apetroleum referencegas or masscompressed exceedingnatural gas) 1,700 kg

(1,760 kgfrom 2001).

1st January Directive 98/ Does not apply2001 (applies 69/EC, until 1st Januaryfrom this annex 1, 2002 providing thedate to paragraph 5 vehicle is registeredpassenger (Phase I before that date.cars and limits)Class Ivehicles)1st January “ “Diesel Does not apply2002 (applies passenger until 1st Januaryfrom this vehicle” 2003 providing thedate to means a vehicle is registeredvehicles of vehicle of before that date.category M1 category M1other than thepassenger maximumcars, Class II mass ofand Class III whichvehicles) exceeds

2,000 kg,fitted with acompressionignition

46

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

engine, andwhich is:

1st January “ (a) construct-2003 (until ed orthis date, a adapted todiesel carry morepassenger than 6vehicle is occupantstreated as a including thevehicle of driver, orcategory N1) (b) an oV-

road vehicleas defined inAnnex II tothe 1970Directive.

1st January Directive 98/2006 (applies 69/EC annexfrom this 1, paragraphdate to 5 (Phase 2passenger limits)cars andClass Ivehicles)1st January “2007 (appliesfrom thisdate tovehicles ofcategory M1other thanpassengercars, Class IIand Class IIIvehicles)

8 Anti- 1st October Directive 74/ ECEtheft 1998 61/EEC as Regulationdevices last amended 18.02,

by Directive paragraph 795/56/EC, and ECEannex V Regulation(electronic 97.01immobiliser) paragraphsand annex 5,6 and 7VI (alarm (alarmsystem) system) and

paragraphs31, 32 and 33(immobiliser)

10 Seat belt Directive 76/anchorages 115/EEC as

last amendedby:

1st July 1991 Directive 82/ ECE318/EEC, Regulation

47

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

annex 1, 14.02,paragraphs 4 paragraphsand 5 5, 6 and 7

1st July 1997 Directive 90/ ECE629/EEC, Regulationannex 1, 14.03,paragraphs 4 paragraphsand 5 5, 6 and 7

11 Installation Directive 77/ “disabled The requirementsof seat 541/EEC as person’s shall not apply inbelts last amended belt” has the relation to a seat

by: same fitted to a disabledmeaning as person’s vehicle if1st July 1997 Directive 90/in regulation the vehicle is fitted628/EEC,47(8) of the with a disabledannex 1,Construction person’s belt forparagraphsand Use that seat.3.1 to 3.1.9Regulations.

1st October Directive 96/ ECE1999 36/EC, Regulation

annex 1, 16.04,paragraphs (Supplement3.1 to 3.1.10 8)and 3.1.11 paragraphsand 3.1.12 8.1 to

8.1.10.3 and8.1.11 to8.1.12

12 Brakes Directive 71/320/EEC aslast amendedby:

1st April Directive 91/ ECE1995 442/EEC, Regulation

annex 1, 13.06paragraph 2 paragraph 5

1st October Directive 98/ ECE1999 12/EC, Regulation

annex 1, 13.09,paragraph paragraph2.1.1.3 5.1.1.3 or(RequirementsECEfor asbestos- Regulationfree brake 13H,linings only) paragraph

5.1.1.3(Requirementsfor asbestos-free brakelinings only)

31st March Directive 98/ ECE2001 12/EC, Regulation

annex 1, 13.09,paragraph 2 paragraph 5

48

1 2 3 4 5

Item Subject Design, construction and equipment Definitions Exemptions andmatter requirements and modifications

supplementaryprovisions

(a) (b) (c)Date of Community ECEmanufacture Instrument Regulationof the vehicle

(All or ECErequirements) Regulation

13H,paragraph 5(Allrequirements)

13 Noise and Directive 70/silencers 157/EEC as

last amendedby:

1st July 1991 Directive 84/ ECE424/EEC, Regulationannex 1, 51.01,paragraph 5 paragraph 5

1st January Directive 92/ ECE1997 97/EEC or Regulation

Directive 96/ 51.02,20/EC, paragraph 5annex 1,paragraph 5

26 Carbon 1st January Directive 80/ ECEdioxide 1997 1269/EEC as Regulationemissions last amended 101,and fuel by Directive paragraph 5consum- 93/116/EC,ption annex 1,

paragraph 5

27 Frontal 1st October Directive 96/ ECEimpact 2003 79/EC, Regulation

annex 2, 94.01,paragraph 3 paragraph 5

28 Side 1st October Directive 96/ ECEimpact 2003 27/EC, Regulation

annex 2, 95.01,paragraph 3 paragraph 5

49

SCHEDULE 5 Regulation 11

FORM OF APPROVAL CERTIFICATE

50

SCHEDULE 6 Regulation 3(6)

COMMUNITY INSTRUMENTS AND ECE REGULATIONS

PART I

References to Community Instruments

1.—(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 areDirectives of the European Parliament and the Council and the other Directives are CouncilDirectives.

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

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

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

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

(b) the vehicle would comply with that item were there substituted for that reference, areference to the base Directive as last amended by a Directive shown against the baseDirective 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 inSchedule 3 or 4 of these Regulations, it shall nevertheless be regarded as complying with thatitem if—

(a) that item contains a reference to a Directive (“the base Directive”) as last amendedby another Directive (“the amending Directive”); and

(b) the vehicle would comply with that item were there substituted for that reference, areference 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 whichis not itself followed by a full-stop and 2 digits (for example “ECE Regulation 30”) shall be readas a reference to the ECE Regulation of that number which came into force on the date shownagainst 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 isitself followed by a full-stop and 2 digits (for example “ECE Regulation 30.01”) shall be readas a reference to the ECE Regulation of that number with the amendments in force on the datesshown 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 itemin Schedule 3 or 4 of these Regulations, it shall nevertheless be regarded as complying with thatitem if—

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

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

51

(2) For the purposes of these Regulations, where a vehicle does not comply with an item inSchedule 3 or 4 of these Regulations, it shall nevertheless be regarded as complying with thatitem if—

(a) that item contains a reference to an ECE Regulation (“the base Regulation”) that isfollowed by a full-stop and 2 digits; and

(b) the vehicle would comply with that item were there substituted for that reference, areference 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 Agreementconcerning the adoption of uniform conditions of approval for motor vehicle equipment andparts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(a) asamended(b) to which the United Kingdom is a party(c).

PART II

REFERENCES TO COMMUNITY DIRECTIVES

References in Schedule 3

(1) (2) (3) (4)Subject matter of Principal Directive Amending OYcial JournalDirective Directive reference

Radio interference 72/245/EEC L152, 6.7.72, p. 15suppression 89/491/EEC* L238, 15.8.89, p. 43

95/54/EC L226, 8.11.95, p. 1

Protective steering 74/297/EEC L165, 20.6.74, p. 1691/662/EEC* L366, 31.12.91, p. 1

Diesel smoke 72/306/EEC L190, 20.8.72, p. 197/20/EC* L125, 16.5.97, p. 21

Roadworthiness 77/143/EEC L47, 18.2.77, p. 4788/449/EEC L222, 12.8.88, p. 1091/225/EEC L103, 24.4.91, p. 391/328/EEC L178, 6.7.91, p. 2992/55/EEC L225, 10.8.92, p. 68

Rear view mirrors 71/127/EEC L68, 22.3.71, p. 179/795/EEC* L239, 22.9.79, p. 185/205/EEC* L90, 29.3.85, p. 186/562/EEC* L327, 02.11.86, p. 4988/321/EEC* L147, 14.6.88, p. 77

Seat belt anchorages 76/115/EEC L24, 30.1.76, p. 681/575/EEC L209, 29.7.81, p. 3082/318/EEC* L139, 19.5.82, p. 990/629/EEC* L341, 6.12.90, p. 1496/38/EC* L187, 26.7.96, p. 95

Seat belts 77/541/EEC L220, 29.8.77, p. 9581/576/EEC L209, 29.7.81, p. 3282/319/EEC* L139, 19.5.82, p. 1790/628/EEC* L341, 6.12.90, p. 196/36/EC* L178. 17.7.96, p. 15

a)( Cmnd. 2535.b)( Cmnd. 3562.c)( By an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on

15th January 1963.

52

(1) (2) (3) (4)Subject matter of Principal Directive Amending OYcial JournalDirective Directive reference

Braking 71/320/EEC L202, 6.9.71, p. 3774/132/EEC* L74, 19.3.74, p. 775/524/EEC* L236, 8.9.75, p. 379/489/EEC* L128, 26.5.79, p. 1285/647/EEC* L38, 31.12.85, p. 188/194/EEC* L92, 9.4.88, p. 4791/422/EEC* L233, 22.9.91. p. 2198/12/EC* L81, 18.3.98, p. 1

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

Seat strength 74/408/EEC L221, 12.8.74, p. 181/577/EEC L209, 29.7.81, p. 3496/37/EC* L187, 25.7.96, p. 28

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

Interior fittings 74/60/EEC L38, 11.2.74, p. 278/632/EEC* L206, 29.7.68, p. 26

Forward vision 77/649/EEC L267, 19.10.77, p. 181/643/EEC* L231, 15.8.81, p. 4188/366/EEC* L181, 12.7.88, p. 4090/630/EEC* L341, 6.12.90, p. 20

External projections 74/483/EEC L266, 2.10.74, p. 479/488/EEC* L128, 26.5.79, p. 1

Masses and 92/21/EEC L129, 14.5.92, p. 1dimensions 95/48/EEC* L233, 30.9.95, p. 73

References in Schedule 4

(1) (2) (3) (4)Subject matter of Principal Directive Amending OYcial JournalDirective Directive reference

Protective steering 74/297/EEC L165, 20.6.74, p. 1691/662/EEC* L366, 31.12.91, p. 1

Exhaust emissions 70/220/EEC L76, 6.4.70, p. 191/441/EEC L242, 30.8.91, p. 193/59/EEC L186, 28.7.93, p. 2194/12/EC! L100, 19.4.94, p. 4296/69/EC! L282, 1.11.96, p. 6498/77/EC! L286, 23.10.98, p. 3498/69/EC! L350, 28.12.98, p. 1

Anti-theft devices 74/61/EEC L38, 11.2.70, p. 2295/56/EC* L286, 29.11.95, p. 1

Seat belt anchorages 76/115/EEC L24, 30.1.76, p. 182/318/EEC* L139, 19.5.82, p. 990/629/EEC* L341, 6.12.90, p. 1496/38/EC* L187, 26.7.96, p. 95

Seat belts 77/541/EEC L220, 29.8.77, p. 4590/628/EEC L341, 6.12.90, p. 196/36/EC* L178, 17.7.90, p. 15

Braking 71/320/EEC L202, 6.9.71, p. 3791/422/EEC* L238, 27.8.91, p. 2598/12/EC* L81, 18.3.98, p. 1

Noise and silencers 70/157/EEC L42, 23.2.70, p. 1684/424/EEC L238, 6.9.84, p. 3192/97/EEC L371, 19.12.92, p. 1

53

(1) (2) (3) (4)Subject matter of Principal Directive Amending OYcial JournalDirective Directive reference

Carbon dioxide 80/1268/EEC L375, 31.12.80, p. 46emissions and fuel 93/116/EC* L329, 30.12.93, p. 39consumption

Frontal impact 96/79/EC! L18, 21.1.97, p. 7

Side impact 96/27/EC! L169, 8.7.96, p. 1

PART III

REFERENCES TO ECE REGULATIONS

References in Schedule 3

(1) (2) (3) (4)Subject matter of ECE Regulation Amending Series DateRegulation

Radio interference suppression 10 17 Dec 196810.01 23 June 197810.02 3 Sept 1997

Rear reflectors 3 1 Nov 19633.01 18 Aug 19823.02 11 July 1985

Rear view mirrors 46 29 Sept 197546.01 5 Oct 1987

Tyres 30 1 April 197530.01 10 Oct 197730.02 21 April 1981

References in Schedule 4

(1) (2) (3) (4)Subject matter of ECE Regulation Amending DateRegulation Series

Protective steering 12 1 June 196912.01 8 Oct 198012.02 14 Nov 198212.03 24 Aug 1993

Exhaust emissions 83 5 Nov 198983.01 30 Dec 199283.02 7 Dec 199683.04 13 Nov 1999

Anti-theft devices 18 1 March 1971

18.02 3 Sept 1997

Alarm systems 97 1 Jan 199697.01 13 Jan 2000

Seat belt anchorages 14 1 April 197014.02 22 Nov 198414.03 29 Jan 199214.04 18 Jan 199814.05 4 Feb 1999

54

(1) (2) (3) (4)Subject matter of ECE Regulation Amending DateRegulation Series

Seat belts 16 1 Dec 197016.04 22 Dec 1985

Braking 13 1 June 197013.06 22 Nov 199013.07 18 Sep 199413.08 26 March 199513.09 28 Aug 199613H 11 May 1998

Noise and silencers 51 15 July 198251.01 27 April 198851.02 18 April 1995

Carbon dioxide emissions from fuelconsumption 101 1 Jan 1997

Frontal impact 94 1 Oct 199594.01 2 Aug 1998

Side impact 95 6 July 199595.01 12 Aug 1998

55

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which replace the Motor Vehicles (Approval) Regulations 1996 asamended, establish a revised system for approving the construction of single vehicles beforethey enter into service.

The Regulations apply to passenger vehicles and dual-purpose vehicles constructed to carryno more than 8 passengers excluding the driver (equivalent to EC category M1), certain 3wheeled vehicles having a maximum unladen weight of more than 410 kg (ie not motorcycles),light goods vehicles (maximum gross weight not exceeding 3,500 kg, equivalent to EC categoryN1) and certain other goods vehicles with a design gross weight not exceeding 5,500 kg.

Part II concerns the approval requirements. Regulation 4 defines the vehicles to which theRegulations apply by reference to the regulations concerning national (Great Britain) typeapproval. Regulation 5 specifies two sets of approval requirements, namely basic requirements(Schedule 3) and, as from 1st August 2001, enhanced requirements (Schedule 4). However, thespecial classes of vehicle specified in Schedule 2 need only comply with the basic requirementsand certain basic and enhanced requirements do not apply to goods vehicles. Regulation 5(3)allows persons applying for the approval of any vehicle of category M1 which would nototherwise be subject to the enhanced requirements to opt for them to be subject to thoserequirements. Regulation 5(8) provides for the recognition of equivalent approvals granted inother EEA States.

Part III deals with administrative arrangements. Regulation 6 relates to applications to theSecretary of State for a Minister’s approval certificate and regulation 7 provides for theassignment of vehicle identification numbers to vehicles not having a number which meets therequirements specified in regulation 7(1).

Regulation 8 specifies criteria for determining design weights. The procedure for appealsunder section 60 of the Road TraYc Act 1988 by persons aggrieved by a determination madeon behalf of the Secretary of State following an application under regulation 6 is governed byregulation 9. Provision is made in regulation 10 for an application or appeal to be refusedwithout an examination of the vehicle to which the application relates in the circumstancesspecified in regulation 10(2).

The form of a Minister’s approval certificate is prescribed by regulation 11 and Schedule 5.Regulation 12 provides for the provision of replacement certificates. Regulation 13 requiresnotices under the Regulations generally to be given in writing and permits them to be givenby post.

Regulation 14 specifies the dates appointed for the purposes of section 63(1) of the RoadTraYc Act 1988, on or after which it is an oVence to use a vehicle of a relevant class withoutthe appropriate certificate in force under sections 54 to 58 of that Act. Regulations 14(2) to (4)and (8) disapply this requirement in respect of specified types of vehicle or types of use.

Regulation 14(5) specifies 1st February 2001 as the day appointed for all other vehicles towhich these Regulations apply which are not of a class for which a day had previously beenappointed.

Regulation 15 provides that a licence under the Vehicles Excise and Registration Act 1994 isnot to be granted in respect of a vehicle to which regulation 14 applies unless, in the firstapplication made for it after the relevant appointed day, there is produced evidence that acertificate (or certificates) is in force for the vehicle under sections 54 to 58 of the 1988 Act fromwhich it appears that the vehicle complies with the approval requirements.

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

? Crown copyright 2001

Printed and published in the UK by The Stationery OYce Limited

under the authority and superintendence of Carol Tullo, Controller of

Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament.

E2398 01/2001 578446 19585