Statutory Instrument 1992 No. 352

The Road Vehicles (Construction and Use) (Amendment) Regulations 1992

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© Crown Copyright 1992

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1992 No. 352

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) Regulations 1992

The Secretary of State, in exercise of the powers conferred by section 41(1), (2)(g) and (5) of the Road Traffic Act 1988^[1] and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following regulations:—

Commencement and Citation
    1.    These Regulations may be cited as the Road Vehicles (Construction and Use) (Amend ment) Regulations 1992 and shall come into force on 1st April 1992.

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

Amendments to Regulation 15 (braking systems of certain vehicles first used on or after the 1st of April 1983)
    3.—(1)  Regulation 15 shall be amended as follows.

    (2)  In the Table for sub-paragraph (c) in column 2 of item 1 there shall be substituted—
"(c) vehicles with three wheels, an unladen weight not exceeding 410 kg, a maximum design speed not exceeding 50 km/h and an engine capacity not exceeding 50 cc;" .



    (3)  In paragraphs (3)(d)(i) and (4) for "or 13.05" there shall be substituted ", 13.05 or 13.06".

    (4)  For paragraph (5) there shall be substituted—
"  (5)  Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation^[3] 13.05 or 13.06.

    (5A)  Instead of complying with paragraph (1C) of this regulation, a vehicle to which this regulation applies may comply—
(a) in the case of a trailer manufactured before the 1st April 1992, with ECE Regulation 13.05 or 13.06; or

(b) in the case of any vehicle not falling within sub-paragraph (a), with ECE Regulation 13.06."

Amendments to regulation 16 (braking systems of other vehicles)
    4.—(1)  Regulation 16 shall be amended as follows.

    (2)  In paragraph (2) for the words "regulation 15(1)" onwards there shall be substituted the words "regulation 15(1), (1A) or (1C), or which complies with Community Directive 79/489, 85/647 or 88/194 or ECE Regulation 13.03, 13.04, 13.05 or 13.06".

    (3)  For paragraph (5) there shall be substituted the following paragraphs—
"  (5)  Subject to paragraphs (5B) and (6), the braking system of a motor cycle to which this regulation applies and which is—
(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 1st April 1987 and before 22nd May 1995;

shall comply with ECE Regulation 13.05, 78 or 78.01 in relation to the category of vehicles specified in that item in column 3.

    (5A)  Subject to paragraph (6), the braking system of a motor cycle to which this regulation applies and which is—
(a) of a class specified in an item in column 2 of the Table below; and

(b) first used on or after 22nd May 1995;

shall comply with ECE Regulation 78.01 in relation to the category of vehicles specified in that item in column 3.
TABLE
(Regulation 16(5) and (5A))

1	2	3
Item	Class of Vehicle	Vehicle Category in ECE Regulations
1	Vehicles (without a sidecar attached) with two wheels, an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.	L1
2	Vehicles with three wheels (including two-wheeled vehicles with a sidecar attached) and with an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h.	L2
3	Vehicles with two wheels (without a sidecar attached) and with— (a) an engine capacity exceeding 50 cc, or (b) a maximum design speed exceeding 50 km/h.	L3
4	Vehicles with two wheels, a sidecar attached and— (a) an engine capacity exceeding 50 cc, or (b) a maximum design speed exceeding 50 km/h.	L4

"



    (4)  Paragraph (5A) shall be renumbered as paragraph (5B).

Amendments to Regulation 17 (vacuum or pressure brake warning devices)
    5.—(1)  In regulation 17(2)(a)—
 (a) for the words "paragraph (1) or (1A)" there shall be substituted the words "paragraph (1), (1A) or (1C)"; and
 (b) for "or 13.05" there shall be substituted ", 13.05 or 13.06".

Amendments to Regulation 18 (maintenance and efficiency of brakes)
    6.—(1)  Regulation 18 shall be amended as follows.

    (2)  After paragraph (1) there shall be inserted the following paragraph—
"  (1A)  Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system ("the ABS"), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

    (1B)  The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs." .



    (3)  In item 1 in Table I and in paragraph (8) for "or 13.05" there shall be substituted ", 13.05 or 13.06".

Amendments to Schedule 3 (braking requirements)
    7.    In the Table in Schedule 3, in items 4 and 6, for "or 13.05" there shall be substituted ", 13.05 or 13.06".

Consequential amendments
    8.    In Table II of Schedule 2—
 (a) item 5 shall be re-numbered as item 4A;
 (b) after item 4A as so re-numbered there shall be inserted the following item—

4B

13.06

13

29.5.69

Brakes

22.11.90

——

 (c) after item 9, there shall be inserted the following items—

9A	78	78	15.10.88	Brakes	—	——
9B	78.01	78	15.10.88	Brakes	22.11.90	——

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State, Department of Transport

24th February 1992

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 in relation to braking requirements.

Regulation 15 of the 1986 Regulations requires certain vehicles to comply with the brake requirements set out in various EEC Directives or various ECE Regulations. Previously, three-wheeled vehicles were exempt from this requirement if they had a maximum gross weight of not more than 1,000 kg, a design speed of not more than 40 km/h and an engine capacity of not more than 50 cc. As a result of the amendments, this exemption will apply to vehicles with an unladen weight of not more than 410 kg, a maximum design speed of not more than 50 km/h and an engine capacity of not more than 50 cc. An exemption for motor cycles with a sidecar attached is not affected.

Regulation 15(1C) of the 1986 Regulations specifies the Directive applicable to motor vehicles first used on or after 1st of April 1992 and trailers manufactured on or after 1st October 1991. These vehicles were previously, in all cases, given the option of complying instead with ECE Regulation 13.05 (see regulation 15(5)). With the exception of trailers manufactured e.g. before the 1st April 1992, the option will now be to comply with ECE Regulation 13.06 and not 13.05.

Previously, regulation 16(5) of the 1986 Regulations imposed certain requirements on motor bicycles (with or without a sidecar) first used on or after the 1st April 1987. Regulation 16(5) is replaced by provisions which apply to all motor cycles first used on or after the 1st April 1987 which are not subject to regulation 15 as stated above. "Motor cycle" is defined in regulation 3 of the 1986 Regulations as a mechanically propelled vehicle, not being an invalid carriage, having less than four wheels and the weight of which unladen does not exceed 410 kg.

Previously, a vehicle to which regulation 16(5) applied had to comply with ECE Regulation 13.05. The vehicles to which the new provisions apply will have to comply with ECE Regulation 13.05, 78 or 78.01 if they are first used before the 22nd of May 1995 or with ECE Regulation 78.01 if they are first used on or after the 22nd May 1995.

Regulation 18(1) of the 1986 Regulations requires every part of a braking system to be in good order. The regulation is amended so that in certain circumstances it is permissible to drive a vehicle with a fault in its anti-lock braking system ("ABS"). The exemption enables a vehicle to complete its journey if the fault arose after the journey began or to be driven to a place where the ABS is to be repaired. However, the vehicle could not be driven if the braking system did not meet the braking efficiency requirements of regulation 18(3).

Other amendments are consequential upon the making of ECE Regulation 13.06. Various other provisions in regulations 15 to 18 of the Regulations require vehicles to comply or give vehicles the option of complying with ECE Regulation 13.05. In all these cases, vehicles are given the option or further option of complying with ECE Regulation 13.06.

Copies of the ECE Regulations referred to in these Regulations can be obtained from Her Majesty's Stationery Office. The details of the ECE Regulations are set out in the Table below.

Principal Instrument	Relevant Amending Instruments
Regulation 13 annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963 ("the ECE Agreement").	Revised on 11th July 1974; amended on 4th January 1979; amended on 11th August 1981; amended on 26th November 1984; amended on 1st April 1987; amended on 5th October 1987; amended on 29th July 1988; amended on 22nd November 1990.
Regulation 78 annexed to the ECE Agreement	Amended on 22nd November 1990.

[1] 1988 c. 52. back

[2] S.I. 1986/1078; relevant amending instruments are S.I.s 1987/676 and 1990/1981. back

[3] "ECE Regulation" is defined in regulation 3(2) of, and Table II of Schedule 2 to, the Road Vehicles (Construction and Use Regulations) 1986. Table II of Schedule 2 is amended by regulation 8 of these Regulations. back