Statutory Instrument 1994 No. 329

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994

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© Crown Copyright 1994

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1994 No. 329

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994

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

Commencement and citation
    1.    These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994 and shall come into force on 24th March 1994.

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

Amendments to regulation 3 (interpretation)
    3.—(1)  Regulation 3 shall be amended as follows.

    (2)  In the Table in paragraph (2)—
 (a) in the definitions of "maximum permitted axle weight", "maximum gross weight" and "maximum total design axle weight", for the words "Schedule 10" there shall be substituted the words "Schedule 10 or 10B" and for the words "Schedule 10A" there shall be substituted the words "Schedule 10A or 10C";
 (b) in the definition of "Ministry plate" for the words "Schedule 10 and Schedule 10A" there shall be substituted the words "Schedule 10, 10A, 10B or 10C"; and
 (c) after the definition of "the Community Recording Equipment Regulation" there shall be inserted the following definition—

combined transport operation

shall be construed in accordance with paragraph 9 of Schedule 11A.


    (3)  In paragraph (10), for "Schedule 11" there shall be substituted "Schedules 11 and 11A".

Amendments to regulation 9 (height)
    4.—(1)  Regulation 9 shall be amended as follows.

    (2)  In paragraph (2)(b), for "32,520kg" there shall be substituted "35,000kg".

    (3)  After paragraph (2), there shall be inserted the following paragraph—
"  (2A)  Save as provided by paragraph (3), no person shall use or cause or permit to be used on a road a motor vehicle drawing a trailer (other than a semi- trailer) if—
(a) any part of the structure of any of the vehicles in the combination is more than 4.2m from the ground when the vehicles are on level ground; and

(b) the total laden weight of the vehicles in the combination exceeds 35,000kg." .



    (4)  In paragraph (3) for the words "paragraph (2)" in both places where they occur, there shall be substituted the words "paragraphs (2) and (2A)".

Amendments to regulation 36B (speed limiters)
    5.    In regulation 36B(16), for the words "Schedule 10" there shall be substituted the words "Schedule 10 or 10B" and for the words "Schedule 10A" there shall be substituted the words "Schedule 10A or 10C".

Amendments to regulation 71 (marking of weights of certain vehicles)
    6.    In regulation 71(1)(c), for the words "a heavy motor car" there shall be substituted the words "a bus" and the words from "if" to "plate" shall be omitted.

Amendments to regulation 76 (maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle)
    7.—(1)  Regulation 76 shall be amended as follows.

    (2)  After paragraph (1), there shall be inserted the following paragraph—
"  (1A)  This regulation is subject to Schedule 11A (exemptions relating to combined transport operations)." .



    (3)  For items 1, 1A and 1B in the Table there shall be substituted the following items—

1	A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car (not being in any case an agricultural motor vehicle), where— "(a) the combination has a total of 4 axles and is being used for international transport; and (b) the drawing vehicle is a vehicle which was first used on or after 1st April 1973 and complies with the relevant braking requirement	35,000
1A	A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 4 axles and the following conditions are satisfied in relation to the drawing vehicle, namely— (a) it was first used on or after 1st April 1973; (b) it complies with the relevant braking requirement; (c) every driving axle not being a steering axle is fitted with twin tyres; and (d) every driving axle is fitted with road friendly suspension	35,000
1AA	A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 5 or more axles and the following conditions are satisfied in relation to the drawing vehicle, namely— (a) it was first used on or after 1st April 1973; (b) it complies with the relevant braking requirement; (c) every driving axle not being a steering axle is fitted with twin tyres; and (d) either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500kg	38,000
1B	A wheeled trailer, not being part of a combination described in items 1, 1A or 1AA which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where— (a) the trailer is fitted with power-assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non- rotation of its engine; and (b) the drawing vehicle is equipped with a warning device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system	32,520



    (4)  In item 3 of the Table, after "1A," there shall be inserted "1AA,".

Amendments to regulation 77 (maximum permitted laden weight of articulated vehicles)
    8.—(1)  Regulation 77 shall be amended as follows.

    (2)  After paragraph (2) there shall be inserted the following paragraph—
"  (2A)  This regulation is subject to Schedule 11A (exemptions relating to combined transport operations)." .



    (3)  In paragraph (a) of column 3 of item 1 in the Table, the word "provided" to the words "those items" shall be omitted.

Amendments to regulation 80 (over-riding weight restrictions)
    9.—(1)  Regulation 80 shall be amended as follows.

    (2)  In paragraph (1), for the words "paragraph (2)" there shall be substituted the words "paragraph (2), (2A), (2B) and (2C)".

    (3)  After paragraph (2), there shall be inserted the following paragraphs—
"  (2A)  Paragraph (1) shall not apply to a vehicle for which a plating certificate has been issued in the form set out in Schedule 10A or 10C where—
(a) the vehicle is being used for international transport; and

(b) none of the weights shown in column (3) of the plating certificate is exceeded.


    (2B)  Where both a train weight and a maximum train weight are shown in column (2) of a plating certificate issued for a motor vehicle, paragraph (1)(b) in so far as it relates to train weights shall not apply to the motor vehicle if—
(a) the motor vehicle is a wheeled heavy motor car drawing a wheeled trailer and the requirements set out in Part II of Schedule 11A are for the time being fulfilled; or

(b) the motor vehicle is comprised in an articulated vehicle and the requirements set out in Part III of Schedule 11A are for the time being fulfilled,

and the train weight of the motor vehicle does not exceed the maximum train weight shown in column (2) of the certificate."

New Schedules 10B and 10C (Ministry plates)
    10.    After Schedule 10A, there shall be inserted the Schedules set out in Schedules 1 and 2 to these Regulations.

Amendments to Schedule 11 (maximum permitted weight, etc.)
    11.—(1)  Schedule 11 shall be amended as follows.

    (2)  Column 4 of Part III shall be omitted.

    (3)  For the entry in column 2 of item 4 of Part IV, there shall be substituted the following entry—
"Motor vehicle and semi-trailer having a total of 4 or more axles and not described in item 1, 2 or 3.".

New Schedule 11A (exemptions relating to combined transport operations)
    12.    After Schedule 11, there shall be inserted the Schedule set out in Schedule 3 to these Regulations.

Signed by authority of the Secretary of State for Transport

Roger Freeman

Minister of State Department of Transport

24th February 1994

[1] 1988 c. 52; section 41 was amended by paragraph 50 of Schedule 4 to the Road Traffic Act 1991 c. 40 and by Schedule 8 to that Act. back

[2] S.I. 1986/1078; relevant amending instruments are S.I. 1987/676, 1988/1287, 1990/1981, 1992/2016, and 1993/ 3048. back

Explanatory Note