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Motor Vehicles (Construction and Use) (Jersey) Order 1998

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

25.550.08

 

Showing the law from 17 May 2021 to Current

 



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Motor Vehicles (Construction and Use) (Jersey) Order 1998

Article

PRELIMINARY  11

1                 Interpretation. 11

2                 Application and exemptions. 27

3                 Trade description legislation. 29

4                 Compliance with Community Directives and ECE Regulations. 30

THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES  31

A – DIMENSIONS AND MANOEUVRABILITY

5                 Length. 31

6                 Width. 34

7                 Height. 35

8                 Indication of overall travelling height. 35

9                 Overhang. 36

10              Minimum ground clearance. 37

11              Turning circle – buses. 38

12              Turning circle-articulated vehicles other than those incorporating a car transporter  38

13              Turning circle-articulated vehicles incorporating a car transporter. 39

14              Connecting sections and direction-holding of articulated buses. 39

B – BRAKES

15              Braking systems of certain vehicles first used on or after 1st April 1983. 40

16              Braking systems of vehicles to which Article 15 does not apply. 44

17              Vacuum or pressure brakes warning devices. 48

18              Maintenance and efficiency of brakes. 49

19              Application of brakes of trailers. 52

C – WHEELS, SPRINGS, TYRES AND TRACKS

20              General requirements as to wheels and tracks. 53

21              Diameter of wheels. 53

22              Springs and resilient material 53

23              Wheel loads. 54

24              Tyres. 55

25              Tyre loads and speed ratings. 59

26              Mixing of tyres. 65

27              Condition and maintenance of tyres. 66

28              Tracks. 68

D – STEERING

29              Maintenance of steering gear. 69

E – VISION

30              View to the front. 69

31              Glass to be fitted to certain vehicles. 69

32              Glass to be fitted to other vehicles. 70

33              Mirrors. 75

34              Windscreen wipers and washers. 80

F – INSTRUMENTS AND EQUIPMENT

35              Speedometers. 80

36              Maintenance of speedometers. 81

37              Audible warning instruments. 81

38              Motor cycle sidestands. 83

G – FUEL

39              Fuel tanks. 83

40              Vehicles designed and constructed to run on unleaded petrol 84

41              Dimension of fuel tanks for purposes of filling. 84

42              Gas propulsion systems and gas-fired appliances. 85

H – MINIBUSES

43              Minibuses. 85

44              Fire extinguishing apparatus. 85

45              First aid equipment. 86

46              Carriage of dangerous substances. 86

I – POWER TO WEIGHT RATIO

47              Power to weight ratio. 86

J – PROTECTIVE SYSTEMS

48              Seat belt anchorage points. 87

49              Seat belts. 90

50              Maintenance of seat belts and anchorage points. 96

51              Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances  97

52              Rear under-run protection. 99

53              Maintenance of rear under-run protective device. 101

54              Sideguards. 101

55              Maintenance of sideguards. 106

56              Mascots, ornamental objects, etc. 107

57              Strength of superstructure. 107

58              Additional exits from double-decked coaches. 107

K – CONTROL OF EMISSIONS

59              Silencers – general 108

60              Noise limits – general 108

61              Noise limits – agricultural motor vehicles and industrial tractors. 112

62              Noise limits – motor cycles construction requirements. 112

63              Exhaust systems – motor cycles. 113

64              Noise limits – maintenance requirements relating to motor cycles. 116

65              Noise limits – vehicles not subject to Articles 60 to 62 first used on or after 1st April 1970  116

66              Exceptions to Articles 60 and 65. 118

67              Radio interference suppression. 118

68              Emission of smoke, vapour, gases, oily substances, etc. 119

69              Closets etc. 132

70              Wings. 132

71              Spray suppression devices. 133

72              Maintenance of spray suppression devices. 134

PLATES AND MARKINGS  135

73              Plates for goods vehicles and buses. 135

74              Vehicle identification number. 137

75              Plates – agricultural trailed appliances. 138

76              Plates – motor cycles and mopeds. 138

77              Department plates. 139

78              Marking of weights on certain vehicles. 139

79              Additional markings. 139

80              Test date discs. 140

CONDITIONS RELATING TO USE  140

A – LADEN WEIGHT

81              Maximum permitted laden weight of a vehicle. 140

82              Maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle   143

83              Maximum permitted laden weight of an articulated vehicle. 145

84              Maximum permitted wheel and axle weights. 145

85              Maximum permitted weights for certain closely-spaced axles etc. 148

86              Over-riding weight restrictions. 149

B – DIMENSIONS OF LADEN VEHICLES

87              Interpretation for the purposes of Articles 87, 88 and Schedule 14. 149

88              Restrictions on use of vehicles carrying wide or long loads or having fixed appliances or apparatus  151

C – TRAILERS AND SIDECAR

89              Number of trailers. 154

90              Trailers drawn by motor cycles. 155

91              Trailers drawn by agricultural motor vehicles. 155

92              Distance between motor vehicles and trailers. 156

93              Use of secondary coupling on trailers. 156

94              Unbraked trailers. 157

95              Use of bridging plates between motor vehicle and trailer. 157

96              Leaving trailers at rest. 157

97              Passengers in trailer. 158

98              Attachment of sidecars. 158

99              Use of sidecars. 158

D – USE OF GAS PROPULSION SYSTEMS AND GAS-FIRED APPLIANCES

100            Use of gas propulsion systems. 159

101            Use of gas-fired appliances – general 159

102            Use of gas-fired appliances when a vehicle is in motion. 160

E – CONTROL OF NOISE

103            Avoidance of excessive noise. 161

104            Stopping of engine when stationary. 161

105            Use of audible warning instruments. 161

F – AVOIDANCE OF DANGER

106            Maintenance and use of vehicle so as not to be a danger, etc. 162

107            Restricted speed. 163

108            Parking in darkness. 163

109            Passengers on motor cycles. 164

110            Obstruction of emergency vehicles. 164

111            Driver’s control 164

112            Opening of doors. 164

113            Reversing. 164

114            Leaving motor vehicles unattended. 165

115            Securing of suspended implements. 165

116            Television sets. 165

TESTING OF VEHICLES ETC   166

117            Testing of vehicles. 166

118            Defect notice. 167

119            Impounding of vehicles. 167

120            Power to require certificates of compliance. 168

120A         Annual examination and certificate of compliance for certain goods vehicles and trailers used for business. 169

121            Lost or defaced certificate of compliance. 170

MISCELLANEOUS AND GENERAL  171

122            Citation. 171

COMMUNITY DIRECTIVES AND ECE REGULATIONS  172

Braking requirements  181

EXCLUSION OF CERTAIN VEHICLES FROM THE APPLICATION OF Article 40  185

PART 1  185

PART 2  186

Symbol indicating that vehicle can run on unleaded petrol 186

GAS CONTAINERS  187

PART 1  187

1                 Definitions relating to gas containers. 187

2                 Gas containers. 187

3                 Pipe lines. 187

4                 Unions. 188

5                 Reducing valves. 188

6                 Valves and cocks. 188

7                 Pressure gauges. 188

8                 Charging connections. 189

9                 Trailers. 189

10              Construction, etc. of system.. 189

PART 2  190

1                 Manufacture of valves. 190

2                 Heat treatment. 190

3                 Freedom from defects. 190

4                 Tensile test. 190

GAS SYSTEMS  191

1                 Definitions. 191

2                 Gas containers. 192

3                 Filling systems for fixed gas containers. 193

4                 Pipelines. 193

5                 Unions and joints. 194

6                 Reducing valves. 194

7                 Pressure relief valves. 194

8                 Valves and cocks. 195

9                 Gauges. 196

10              Propulsion systems. 196

11              Special requirements for buses. 196

12              Gas-fired appliances. 197

13              197

14              197

15              General requirements. 197

CONSTRUCTION OF MINIBUSES  199

1                 Exhaust pipes. 199

2                 Doors – number and position. 199

3                 Emergency doors. 199

4                 Power-operated doors. 199

5                 Locks, handles and hinges of doors. 200

6                 View of doors. 201

7                 Access to doors. 201

8                 Grab handles and hand rails. 201

9                 Seats. 202

10              Electrical equipment and wiring. 202

11              Fuel tanks. 203

12              Lighting of steps. 203

13              General construction and maintenance. 203

14              Definitions. 203

FIRE EXTINGUISHING APPARATUS AND FIRST AID EQUIPMENT FOR MINIBUSES  204

PART 1  204

Fire extinguishing apparatus. 204

PART 2  204

First aid equipment. 204

MOTOR CYCLE NOISE AND MOTOR CYCLE SILENCERS  205

PART 1  205

PART 2  206

PART 3  206

EMISSIONS FROM CERTAIN MOTOR VEHICLES  208

PART 1  208

Vehicles propelled by spark ignition engines. 208

PART 2  209

Vehicles propelled by compression ignition engines. 209

PLATES FOR CERTAIN VEHICLES  210

PART 1  210

PART 2  211

PART 3  211

Plates for motor cycles and mopeds. 214

Diagram of Plate. 214

Department plate  217

MAXIMUM PERMITTED WEIGHTS, ETC. 218

PART 1  218

PART 2  219

PART 3  220

PART 4  220

PART 5  221

PART 6  222

PART 7  223

CONDITIONS TO BE COMPLIED WITH IN RELATION TO THE USE OF VEHICLES CARRYING WIDE OR LONG LOADS OR VEHICLES CARRYING LOADS OR HAVING FIXED APPLIANCES OR APPARATUS WHICH PROJECT  224

PART 1  224

1                 Advance notice to highway authority. 224

2                 Attendance. 225

3                 Marking of longer projections. 225

4                 Marking of shorter projections. 226

5                 Marking of wide loads. 227

PART 2  228

Projection markers  228

Diagram of end marker surface. 228

Diagram of side marker surface. 228

Plate for restricted speed vehicle  229

Table of Legislation History. 230

Table of Renumbered Provisions. 232

Table of Endnote References. 233

 


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Motor Vehicles (Construction and Use) (Jersey) Order 1998[1]

THE HOME AFFAIRS COMMITTEE, in pursuance of Articles 77 and 84 of the Road Traffic (Jersey) Law 1956, orders as follows –

Commencement [see endnotes]

PART 1

PRELIMINARY

1        Interpretation

(1)     In this Order, unless the context otherwise requires –

“1935 Law” means the Motor Traffic (Jersey) Law 1935;

“1993 Law” means the Motor Vehicle Registration (Jersey) Law 1993;

“Act of Accession” means the Treaty concerning the Accession of the Kingdom of Denmark, Iceland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland to the European Economic Community and the European Economic Community and the European Atomic Energy Community;

“agricultural motor vehicle” means a motor vehicle which is constructed or adapted for use off roads for the purpose of agriculture, horticulture or forestry and which is primarily used for one or more of those purposes, not being a dual-purpose vehicle;

“agricultural trailed appliance” means a trailer –

(a)     which is an implement constructed or adapted –

(i)      for use off roads for the purpose of agriculture, horticulture or forestry and which is only used for one or more of those purposes, and

(ii)      so that, save in the case of an appliance manufactured before 1st December 1985, or a towed roller, its maximum gross weight is not more than twice its unladen weight; but

(b)     which is not –

(i)      a vehicle which is used primarily as living accommodation by one or more persons, and which carries no goods or burden except those needed by such one or more persons for the purpose of their residence in the vehicle, or

(ii)      an agricultural, horticultural or forestry implement rigidly but not permanently mounted on any vehicle whether or not any of the weight of the implement is supported by one or more of its own wheels; so however that such an implement is an agricultural trailed appliance if –

(A)    part of the weight of the implement is supported by one or more of its own wheels; and

(B)     the longitudinal axis of the greater part of the implement is capable of articulating in the horizontal plane in relation to the longitudinal axis of the rear portion of the vehicle on which it is mounted;

“agricultural trailed appliance conveyor” means an agricultural trailer which –

(a)     has an unladen weight which does not exceed 510 kg;

(b)     is clearly and indelibly marked with its unladen weight;

(c)     has a pneumatic tyre fitted to each one of its wheels;

(d)     is designed and constructed for the purpose of conveying one agricultural trailed appliance or one agricultural, horticultural or forestry implement;

“agricultural trailer” means a trailer which is constructed or adapted for the purpose of agriculture, horticulture or forestry and which is only used for one or more of those purposes, not being an agricultural trailed appliance;

“Approval Marks Regulations” means the Motor Vehicles (Designation of Approval Marks) Regulations 1979 of the United Kingdom;

“articulated bus” means a bus so constructed that –

(a)     it can be divided into 2 parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop; and

(b)     passengers carried by it can at all times pass from either part to the other;

“articulated vehicle” means a heavy motor car or motor car, not being an articulated bus, with a trailer so attached that part of the trailer is superimposed on the drawing vehicle and, when the trailer is uniformly loaded, not less than 20% of the weight of its load is borne by the drawing vehicle;

“axle” and the “number of axles on a vehicle” shall be interpreted in accordance with paragraph (9);

“axle weight”, in relation to each axle of a vehicle, means the sum of the weights transmitted to the road surface by all the wheels of that axle, having regard to the provisions of paragraph (9);

“braking efficiency” means the maximum braking force capable of being developed by the brakes of a vehicle, expressed as a percentage of the weight of the vehicle including any persons or load carried in the vehicle;

“braking system” shall be interpreted in accordance with paragraph (7);

“bus” means a motor vehicle which is constructed or adapted to carry more than 8 seated passengers in addition to the driver;

“car transporter” means a trailer which is constructed and normally used for the purpose of carrying at least 2 other wheeled vehicles;

“cc” means cubic centimetres;

“close-coupled”, in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion they remain parallel to the longitudinal axis of the trailer, and the distance between the centres of their respective areas of contact with the road surface does not exceed 1 m;

“cm” means centimetres;

“cm2” means square centimetres;

“coach” means a large bus with a maximum gross weight of more than 7.5 tonnes and with a maximum speed exceeding 60 mph;

“Community Directive”, followed by a number, means the Directive adopted by the Council or the Commission of the European Communities of which identifying particulars are given in the item in column 3 of Table 1 in Schedule 1 in which that number appears in column 2; where such a Directive amends a previous Directive mentioned in column 3(d) of the Table the reference to the amending Directive includes a reference to that previous Directive as so amended; any reference to a Directive which has been amended by the Act of Accession is a reference to the Directive as so amended;

“composite trailer” means a combination of a converter dolly and a semi-trailer;

“container” means an article of equipment, not being a motor vehicle or trailer, having a volume of at least 8 cubic metres, constructed wholly or mostly of metal and intended for repeated use for the carriage of goods or burden;

“converter dolly” means –

(a)     a trailer which is –

(i)      equipped with 2 or more wheels,

(ii)      designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and

(iii)     not itself a part either of the semi-trailer or the drawing vehicle when being so used; or

(b)     a trailer which is –

(i)      equipped with 2 or more wheels,

(ii)      designed to be used in combination with a semi-trailer with part of the weight of the semi-trailer being borne by the drawing vehicle,

(iii)     not itself a part either of the semi-trailer of the drawing vehicle when being so used, and

(iv)     used solely for the purposes of agriculture, horticulture or forestry, or for any 2 or for all of those purposes;

“Council Regulation (EEC)”, followed by a number, means the Regulation adopted by the Council of the European Communities;

“deck” means a floor or platform on which seats are provided for the accommodation of passengers;

“Departmental plate” means a plate required to be fixed to every goods vehicle by virtue of Article 77 and in the form in and containing the particulars required by Schedule 12;

“design weight” in relation to the gross weight, each axle weight or the train weight of a motor vehicle or trailer, means the weight at or below which, in the opinion of the Secretary of State for Transport of the United Kingdom or of a person authorized in that behalf by the Secretary of State for Transport of the United Kingdom or the Inspector of Motor Traffic, the vehicle could safely be driven on a road;

“double-decked vehicle” means a vehicle having 2 decks one of which is wholly or partly above the other and each of which is provided with a gangway serving seats on that deck only;

“dual-purpose vehicle” means a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2,040 kg and which either –

(a)     is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or

(b)     satisfies the following conditions as to construction, namely –

(i)      the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel,

(ii)      the area of the vehicle to the rear of the driver’s seat must –

(A)    be permanently fitted with at least one row of transverse seats (fixed or folding) for 2 or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle, and

(B)     be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1,850 square centimetres on each side and not less than 770 square centimetres at the rear, and

(iii)     the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in clause (ii)(A) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle;

“ECE Regulation”, followed by a number, means the Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicles Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958, as amended, to which the United Kingdom is a party, of which identifying particulars are given in the item in column (3)(a), (b) and (c) of Table 2 in Schedule 1 in which that number appears in column (2), and where that number contains more than 2 digits, it refers to that Regulation with the amendments in force at the date specified in column (3)(d) in that item;

“engine power in kilowatts (KW)” means the maximum net power ascertained in accordance with Community Directive 80/1269;

“engineering equipment” means engineering plant and any other plant or equipment designed and constructed for the purpose of engineering operations;

“engineering plant” means –

(a)     movable plant or equipment being a motor vehicle or trailer specially designed and constructed for the special purposes of engineering operations, and which cannot, owing to the requirements of those purposes, comply with all the requirements of this Order and which is not constructed primarily to carry a load other than a load being either excavated materials raised from the ground by apparatus on the motor vehicle or trailer or materials which the vehicle or trailer is specially designed to treat while carried thereon; or

(b)     a mobile crane which does not comply in all respects with the requirements of this Order;

“exhaust system” means a complete set of components through which the exhaust gases escape from the engine unit of a motor vehicle including those which are necessary to limit the noise caused by the escape of those gases;

“first used” shall be interpreted in accordance with paragraph (4);

“gangway” means the space provided for obtaining access from any entrance to the passengers’ seats or from any such seat to an exit other than an emergency exit, but excluding a staircase and any space in front of a seat which is required only for the use of passengers occupying that seat or a seat in the same row of seats;

“gas” means any fuel which is wholly gaseous at 17.5°C under a pressure of 1.013 bar absolute;

“gas-fired appliance” means a device carried on a motor vehicle or trailer when in use on a road, which consumes gas and which is neither –

(a)     a device owned or operated by or with the authority of the Jersey Gas Company Limited for the purpose of detecting gas;

(b)     an engine for the propulsion of a motor vehicle; nor

(c)     a lamp which consumes acetylene gas;

“gritting trailer” means a trailer which is used on a road for the purposes of spreading grit or other matter so as to avoid or reduce the effect of ice or snow on the road;

“gross weight” means –

(a)     in relation to a motor vehicle, the sum of the weights transmitted to the road surface by all the wheels of the vehicle;

(b)     in relation to a trailer, the sum of the weights transmitted to the road surface by all the wheels of the trailer and of any weight of the trailer imposed on the drawing vehicle;

“home force” has the meaning given by Article 3(1) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017;

“indivisible load” means a load which cannot, without undue expense or risk of damage, be divided into 2 or more loads for the purpose of conveyance on a road;

“industrial tractor” means a tractor, not being an agricultural motor vehicle, which –

(a)     has an unladen weight not exceeding 7,370 kg;

(b)     is designed and used primarily for work off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement or implements designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load; and

(c)     has a maximum speed not exceeding 20 mph;

“kg” means kilograms;

“km/h” means kilometres per hour;

“kW” means kilowatts;

“large bus” means a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver;

“Law” means the Road Traffic (Jersey) Law 1956;

“light trailer” means a trailer with a maximum gross weight which does not exceed 3,500 kg;

“Lighting Order” means the Road Traffic (Lighting) (Jersey) Order 1998;

“living van” means a vehicle used primarily as living accommodation by one or more persons, and which is not also used for the carriage of goods or burden which are not needed by such one or more persons for the purpose of their residence in the vehicle;

“longitudinal plane” means a vertical plane parallel to the longitudinal axis of a vehicle;

“low loader” means a semi-trailer, not being a stepframe low loader, which is constructed and normally used for the carriage of engineering equipment so constructed that the major part of the load platform does not extend over or between the wheels and the upper surface of which is below the height of the topmost point of the tyres of those wheels, measured on level ground and when –

(a)     any adjustable suspension is at the normal travelling height;

(b)     all pneumatic tyres are suitably inflated for use when the vehicle is fully laden; and

(c)     the semi-trailer is unladen;

“low platform trailer” means a trailer fitted with tyres with a rim diameter size code of less than 20 and displaying a rectangular plate which –

(a)     is at least 225 mm wide and at least 175 mm high; and

(b)     bears 2 black letters “L” on a white ground each at least 125 mm high and 90 mm wide with a stroke width of 12 mm;

“m” means metres;

“m2” means square metres;

“m3” means cubic metres;

“maximum permitted axle weight” means, in relation to an axle –

(a)     in the case of a vehicle which is equipped with a plate in accordance with Article 73, the maximum axle weight shown for that axle on the plate in respect of item 6 of Part 1 of Schedule 10 in the case of a motor vehicle and item 4 of Part 2 of Schedule 10 in the case of a trailer; and

(b)     in any other case, the weight which the axle is designed or adapted not to exceed when the vehicle is travelling on a road;

“maximum gross weight” means –

(a)     in the case of a vehicle equipped with a Department Plate in accordance with Article 77, the maximum gross weight shown at item 3 of that plate where the plate is in the form required by Schedule 12;

(b)     in the case of a vehicle which is equipped with a plate in accordance with Article 73, the maximum gross weight shown on the plate in respect of item 7 of Part 1 of Schedule 10 in the case of a motor vehicle and item 6 of Part 2 of Schedule 10 in the case of a trailer;

(c)     in any other case, the weight which the vehicle is designed or adapted not to exceed when the vehicle is travelling on a road;

“maximum speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

“maximum total design axle weight” (being an expression used only in relation to trailers) means –

(a)     in the case of a trailer equipped with a plate in accordance with Article 73, the sum of the maximum axle weights shown on the plate in respect of item 4 of Part 2 of Schedule 10; or

(b)     in the case of any other trailer, the sum of the axle weights which the trailer is designed or adapted not to exceed when the vehicle is travelling on a road;

“Minister” means, except in Article 74(2)(c)(ii), the Minister for Infrastructure;

“mm” means millimetres;

“motor ambulance” means a motor vehicle which is specially designed and constructed (and not merely adapted) for carrying, as equipment permanently fixed to the vehicle, equipment used for medical, dental, or other health purposes and is used primarily for the carriage of persons suffering from illness, injury or disability;

“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users;

“motor cycle” means a heavy motor cycle or a light motor cycle or a moped;

“mph” means miles per hour;

“N/mm2” means newtons per square millimetre;

“off-road vehicle” means an off-road vehicle defined in Annex 1 to Council Directive 70/156/EEC of 6th February 1970 as read with Council Directive 87/403/EEC of 25th June 1987;

“overall height” means the vertical distance between the ground and the point on the vehicle which is furthest from the ground, calculated when –

(a)     the tyres of the vehicle are suitably inflated for the use to which it is being put;

(b)     the vehicle is at its unladen weight; and

(c)     the surface of the ground under the vehicle is reasonably flat,

but, in the case of a trolley bus, exclusive of the power collection equipment mounted on the roof of the vehicle;

“overall length”, in relation to a vehicle, means the distance between transverse planes passing through the extreme forward and rearward projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except –

(a)     for all purposes –

(i)      any driving mirror,

(ii)      any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle,

(iii)     any snow-plough fixed in front of a vehicle,

(iv)     any receptacle specially designed to hold and keep secure a seal issued for the purpose of customs clearance,

(v)     any tailboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading,

(vi)     any tailboard which is let down in order to facilitate the carriage of, but which is not essential for the support of, loads which are in themselves so long as to extend at least as far as the tailboard when upright,

(vii)    any fitting attached to a part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be –

(A)    transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle,

(B)     secured to a railway vehicle by a locking device, and

(C)     carried on a railway vehicle by the use of stanchions,

(viii)   any plate, whether rigid or movable, fitted to a trailer constructed for the purpose of carrying other vehicles and designed to bridge the gap between that trailer and a motor vehicle constructed for that purpose and to which the trailer is attached so that, while the trailer is attached to the motor vehicle, vehicles which are to be carried by the motor vehicle may be moved from the trailer to the motor vehicle before a journey begins, and vehicles which have been carried on the motor vehicle may be moved from it to the trailer after a journey ends,

(ix)     any sheeting or other readily flexible means of covering or securing a load,

(x)     any receptacle with an external length, measured parallel to the longitudinal axis of the vehicle, not exceeding 2.5 m,

(xi)     any empty receptacle which itself forms a load,

(xii)    any empty receptacle which contains an indivisible load of exceptional length,

(xiii)   any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle),

(xiv)   any special appliance or apparatus described in Article 87(c) which does not itself increase the carrying capacity of the vehicle, or

(xv)    any rearward projecting buffer made of rubber or other resilient material;

(b)     for the purpose of Articles 5 and 12 –

(i)      any part of a trailer (not being in the case of an agricultural trailed appliance a drawbar or other thing with which it is equipped for the purpose of being towed) designed primarily for use as a means of attaching it to another vehicle and any fitting designed for use in connection with any such part,

(ii)      the thickness of any front or rear wall on a semi-trailer and of any part forward of such front wall or rearward of such rear wall which does not increase the vehicle’s load-carrying space;

“overall width” means the distance between longitudinal planes passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except –

(a)     any driving mirror;

(b)     any snow-plough fixed in front of the vehicle;

(c)     so much of the distortion of any tyre as is caused by the weight of the vehicle;

(d)     any receptacle specially designed to hold and keep secure a seal issued for the purposes of customs clearance;

(e)     any lamp or reflector fitted to the vehicle in accordance with the Lighting Order;

(f)      any sideboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading;

(g)     any fitting attached to part of, or to a receptacle on, a vehicle which does not increase the carrying capacity of the part or receptacle but which enables it to be –

(i)      transferred from a road vehicle to a railway vehicle or from a railway vehicle to a road vehicle,

(ii)      secured to a railway vehicle by a locking device, and

(iii)     carried on a railway vehicle by the use of stanchions; and

(h)     any sheeting or other readily flexible means of covering or securing a load;

(i)      any receptacle with an external width, measured at right angles to the longitudinal axis of the vehicle, which does not exceed 2.3 m;

(j)      any empty receptacle which itself forms a load;

(k)     any receptacle which contains an indivisible load of exceptional width;

(l)      any receptacle manufactured before 30th October 1985, not being a maritime container (namely a container designed primarily for carriage on sea transport without an accompanying road vehicle); or

(m)    any special appliance or apparatus as described in Article 87(c) which does not itself increase the carrying capacity of the vehicle;

“overhang” means the distance measured horizontally and parallel to the longitudinal axis of a vehicle between transverse planes passing through the following 2 points –

(a)     the rearmost point of the vehicle exclusive of –

(i)      any expanding or extensible contrivance forming part of a turntable fire escape fixed to a vehicle,

(ii)      in the case of a motor car constructed solely for the carriage of passengers and their effects and adapted to carry not more than 8 passengers exclusive of the driver, any luggage carrier fitted to the vehicle; and

(b)

(i)      in the case of a motor vehicle having not more than 3 axles of which only one is not a steering axle, the centre point of that axle,

(ii)      in the case of a motor vehicle having 3 axles of which the front axle is the only steering axle and of a motor vehicle having 4 axles of which the 2 foremost are the only steering axles, a point 110 mm behind the centre of a straight line joining the centre points of the 2 rearmost axles, and

(iii)     in any other case a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angles to that axis will pass through the centre of the minimum turning circle of the vehicle;

“passenger vehicle” means a vehicle constructed solely for the carriage of passengers and their effects;

“Plating and Testing Regulations” means the Goods Vehicles (Plating and Testing) Regulations 1982 of the United Kingdom;

“pneumatic tyre” means a tyre which –

(a)     is provided with, or together with the wheel upon which it is mounted, forms a continuous closed chamber inflated to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subject to any load;

(b)     is capable of being inflated and deflated without removal from the wheel or vehicle; and

(c)     is such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse;

“public works vehicle” means a mechanically propelled vehicle which is used on a road by or on behalf of –

(a)     the States of Jersey Public Services Department;

(b)     a Parish Authority;

(c)     the Jersey Postal Administration;

(d)     the Jersey Telecommunications Board;

(e)     the Jersey Electricity Company Limited;

(f)      the Jersey Gas Company Limited; or

(g)     the Jersey New Waterworks Company Limited,

for the purpose of works which such a body has a duty or power to carry out, and which is used only for the carriage of –

(i)      the crew, and

(ii)      goods which are needed for works in respect of which the vehicle is used;

“recut pneumatic tyre” means a pneumatic tyre in which all or part of its original tread pattern has been cut deeper or burnt deeper or a different tread pattern has been cut deeper or burnt deeper than the original tread pattern;

“refuse vehicle” means a vehicle designed for use and used solely in connection with street cleansing, the collection or disposal of refuse, or the collection or disposal of the contents of gullies or cesspools, registered under the 1993 Law;

“registered” means registered under the 1993 Law;

“relevant braking requirement” means a requirement that the brakes of a motor vehicle (as assisted, where a trailer is being drawn, by the brakes on the trailer) comply –

(a)     in a case to which item 1 in Table 1 in Article 18 applies, with the requirements specified in Article 18(5) for vehicles falling in that item;

(b)     in any other case, with the requirements specified in Article 18(5) for vehicle classes (a) and (b) in item 2 of that Table (whatever the date of first use of the motor vehicle and the date of manufacture of any trailer drawn by it may be);

“resilient tyre” means a tyre, not being a pneumatic tyre, which is of soft or elastic material, having regard to paragraph (6);

“restricted speed vehicle” means a vehicle displaying at its rear a “30” plate in accordance with the requirements of Schedule 15;

“retreaded tyre” means a tyre which has been reconditioned to extend its useful life by replacement of the tread rubber or by replacement of the tread rubber and renovation of the sidewall rubber;

“rigid vehicle” means a motor vehicle which is not constructed or adapted to form part of an articulated vehicle or articulated bus;

“rim diameter” shall be interpreted in accordance with the British Standard BS AU 50: Part 2: Section 1: 1980 entitled “British Standard Automobile Series: Specification for Tyres and Wheels Part 2, Wheels and rims Section 1. Rim profiles and dimensions (including openings for valves)” which came into effect on 28th November 1980;

“rim diameter size code” shall be interpreted in accordance with the British Standard referred to in the meaning given in this paragraph to “rim diameter”;

“secondary braking system” means a braking system of a vehicle applied by a secondary means of operation independent of the service braking system or by one of the sections comprised in a split braking system;

“service braking system” means the braking system of a vehicle which is designed and constructed to have the highest braking efficiency of any of the braking systems with which the vehicle is equipped;

“silencer” means a contrivance suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of exhaust gases from the engine of a motor vehicle;

“single-decked vehicle” means a vehicle upon which no part of a deck or gangway is vertically above another deck or gangway;

“split braking system”, in relation to a motor vehicle, means a braking system so designed and constructed that –

(a)     it comprises 2 independent sections of mechanism capable of developing braking force such that, excluding the means of operation, a failure of any part (other than a fixed member or a brake shoe anchor pin) of one of the said sections will not cause a decrease in the braking force capable of being developed by the other section;

(b)     the said 2 sections are operated by a means of operation which is common to both sections;

(c)     the braking efficiency of either of the said 2 sections can be readily checked;

“staircase” means a staircase by means of which passengers on a double-decked vehicle may pass to and from the upper deck of the vehicle;

“stepframe low loader” means a semi-trailer (not being a low loader) which is constructed and normally used for the carriage of engineering equipment and is so constructed that the upper surface of the major part of the load platform is at a height of less than 1 m above the ground when measured on level ground and when –

(a)     any adjustable suspension is at the normal travelling height;

(b)     all pneumatic tyres are suitably inflated for use when the vehicle is fully laden; and

(c)     the semi-trailer is unladen;

“stored energy”, in relation to a braking system of a vehicle, means energy (other than the muscular energy of the driver or the mechanical energy of a spring) stored in a reservoir for the purpose of applying the brakes under the control of the driver, either directly or as a supplement to the driver’s muscular energy;

“straddle carrier” means a motor vehicle constructed to straddle and lift its load for the purpose of transportation;

“statutory power of removal” means a power conferred by or under any enactment passed in Jersey to remove or move a vehicle from any road or from any part of a road;

“temporary use spare tyre” means a pneumatic tyre which is designed for use on a motor vehicle only –

(a)     in the event of the failure of one of the tyres normally fitted to a wheel of the vehicle; and

(b)     at a speed lower than that for which such normally fitted tyres are designed;

“towing implement” means a device on wheels designed for the purpose of enabling a motor vehicle to draw another vehicle by the attachment of that device to that other vehicle in such a manner that part of that other vehicle is secured to and either rests on or is suspended from the device and some but not all of the wheels on which the other vehicle normally runs are raised off the ground;

“trailer” means a vehicle drawn by a motor vehicle and shall be interpreted in accordance with paragraphs (11) and (13);

“train weight”, in relation to a motor vehicle which may draw a trailer, means the maximum laden weight for the motor vehicle together with any trailer which may be drawn by it;

“transverse plane” means a vertical plane at right angles to the longitudinal axis of a vehicle;

“trolley bus” means a bus adapted for use on roads without rails and moved by power transmitted thereto from some external source;

“Type Approval (Great Britain) Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 of the United Kingdom;

“Type Approval for Agricultural Vehicles Regulations” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1979 of the United Kingdom;

“Type Approval for Goods Vehicles Regulations” means the Type Approval for Goods Vehicles (Great Britain) Regulations 1982 of the United Kingdom;

“Type Approval Regulations” means the Motor Vehicles (Type Approval) Regulations 1980 of the United Kingdom;

“unbraked trailer” means any trailer other than one which, whether or not Article 15 or 16 applies to it, is equipped with a braking system in accordance with one of those Articles;

“unladen weight” means any weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment;

“visiting force” means a visiting force of a listed country, as defined by Article 3(1) and (4) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017;

“wheel” means a wheel the tyre or rim of which when the vehicle is in motion on a road is in contact with the ground; 2 wheels are to be regarded as one wheel in the circumstances specified in paragraph (8);

“wheeled”, in relation to a vehicle, means a vehicle so constructed that the whole weight of the vehicle is transmitted to the road surface by means of wheels;

“wide tyre” means a pneumatic tyre of which the area of contact with the road surface is not less than 300 mm in width when measured at right angles to the longitudinal axis of the vehicle;

“works trailer” means a trailer designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection road works while at or in the immediate neighbourhood of the site of such works;

“works truck” means a motor vehicle (other than a straddle carrier) designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the side of such works.[2]

(2)     A reference in this Order to a Table, or to a numbered Table, is a reference to the Table, or to the Table bearing that number, in the Article or Schedule in which that reference occurs.

(3)     A reference in this Order to any enactment is a reference to that enactment as from time to time amended or re-enacted with or without modification, and for the purposes of this paragraph “enactment” includes an enactment of the United Kingdom, as it has effect on the coming into force of this Order.

(4)     For the purposes of this Order, the date on which a motor vehicle is first used is –

(a)     in the case of a vehicle not falling within sub-paragraph (b) and which is registered, the date on which it was registered;

(b)     in each of the following cases –

(i)      a vehicle which is being or has been used under a trade licence issued under Article 8 of the 1993 Law (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made or of a distributor of vehicles, or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement),

(ii)      a vehicle belonging, or which has belonged, to a home force and which is or was used or appropriated for the purposes of that force,

(iii)     a vehicle belonging, or which has belonged, to a visiting force,

(iv)     a vehicle which has been used on roads outside Jersey before being imported into Jersey, and

(v)     a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered,

the date of manufacture of the vehicle.

In sub-paragraph (b)(v) “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring it solely for the purpose of resale or re-supply for a valuable consideration.[3]

(5)     The date of manufacture of a vehicle to which the Type Approval for Goods Vehicles Regulations apply shall be the date of manufacture described in Regulation 2(4)(a) of those Regulations.

(6)     Save where otherwise provided in this Order a tyre shall not be deemed to be of soft or elastic material unless the said material is either –

(a)     continuous round the circumference of the wheel; or

(b)     fitted in sections so that so far as reasonably practicable no space is left between the ends thereof,

and is of such thickness and design as to minimize, so far as reasonably possible, vibration when the vehicle is in motion and so constructed as to be free from any defect which might in any way cause damage to the surface of a road.

(7)     For the purpose of this Order a brake drum and a brake disc shall be deemed to form part of the wheel and not of the braking system.

(8)     For the purpose of this Order other than Articles 26 and 27 any 2 wheels of a motor vehicle or trailer shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and the road surface is less than 460 mm.

(9)     For the purpose of this Order other than Articles 26 and 27 in counting the number of axles of, and in determining the sum of the weights transmitted to the road surface by any one axle of, a vehicle, all the wheels of which the centres of the areas of contact with the road surface can be included between any 2 transverse planes less than 0.5 m apart shall be treated as constituting one axle.

(10)    For the purpose of this Order, a reference to axles being closely-spaced is a reference to –

(a)     2 axles (not being part of a group of axles falling within sub-paragraph (b) or (c)) which are spaced at a distance apart of not more than 2.5 m;

(b)     3 axles (not being part of a group of axles falling within sub-paragraph (c)) the outermost of which are spaced at a distance apart of not more than 3.25 m; or

(c)     4 or more axles the outermost of which are spaced at a distance apart of not more than 4.6 m;

the number of axles for the purposes of these paragraphs being determined in accordance with paragraph (8), and a reference to any particular number of closely-spaced axles shall be construed accordingly.

(11)    The provisions of this Order relating to trailers do not apply to any part of an articulated bus.

(12)    For the purpose of paragraph (10), Articles 54, 82, 83 and 85 and Schedule 13, the distance between any 2 axles shall be obtained by measuring the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.

(13)    For the purpose of the following provisions only, a composite trailer shall be treated as one trailer (not being a semi-trailer or a converter dolly) –

(a)     Articles 5, 82 and 89;

(b)     paragraph (2) of, and items 4 and 11 in the Table in, Article 81;

(c)     item 2 in the Table in Article 84.

2        Application and exemptions

(1)     Save where the context otherwise requires, this Order applies to both wheeled vehicles and track-laying vehicles.

(2)     Where a provision is applied by this Order to a motor vehicle first used on or after a specified date it does not apply to that vehicle if it was manufactured at least 6 months before that date.

(3)     Where an exemption from, or relaxation of, a provision is applied by this Order to a motor vehicle first used before a specified date it shall also apply to a motor vehicle first used on or after that date if it was manufactured at least 6 months before that date.

(4)     The Articles specified in an item in column 3 of the Table do not apply in respect of a vehicle of a class specified in that item in column 2.

 

TABLE[4]

(Article 2(4))

1

2

3

Item

Class of vehicle

Articles which do not apply

1

A vehicle proceeding to a port for export

The Articles in Part 2 insofar as they relate to construction and equipment, except Articles 16 (insofar as it concerns parking brakes), 20, 30, 34, 37 and 56

Articles 73 to 76 and 78

2

A vehicle brought temporarily into Jersey by a person resident outside Jersey, provided that the vehicle complies in every respect with the requirements relating to motor vehicles or trailers contained in –

The Articles in Part 2 insofar as they relate to construction and equipment except Articles 5, 6, 8, 42 and 56

Articles 73 to 76 and 78

(a)

Article 21 and Article 22(1) of the Convention on Road Traffic concluded at Geneva on 19th September 1949 and Part 1, Part 2 (so far as it relates to direction indicators and stop lights) and Part 3 of Annex 6 to that Convention; or

 

(b)

Paragraphs I, III and VIII of Article 3 of the International Convention relative to Motor Traffic concluded at Paris on 24th April 1926

 

3

A vehicle manufactured in Great Britain which complies with the requirement referred to in item 2 above and contained in the Convention of 1949, or, as the case may be, 1926 referred to in that item as if the vehicle had been brought temporarily into Jersey and is exempt from registration by virtue of the 1993 Law

The Articles in Part 2 insofar as they relate to construction and equipment, except Articles 5, 6, 8, 42 and 56

Articles 73 to 76 and 78

4

[deleted]

 

5

A vehicle which has been submitted for an examination under the Law while it is being used on a road in connection with the carrying out of that examination and is being so used by a person who is empowered to carry out that examination, or by a person acting under the direction of a person so empowered

The Articles in Part 2

Articles 81 to 85 and 106

6

A motor car or a motor cycle in respect of which a certificate has been issued by the Inspector of Motor Traffic that it was designed before 1st January 1905 and constructed before 31st December 1905

Articles 16 (except insofar as it applies requirements 3 and 5 in Schedule 2), 21, 37(4), 70 and 105(4)

7(a)

A towing implement which is being drawn by a motor vehicle while it is not attached to any vehicle except the one drawing it if –

The Articles in Part 2 insofar as they relate to the construction and equipment of trailers, except Article 20

(i)

the towing implement is not being so drawn during the hours of darkness, and

 

(ii)

 

the vehicle by which it is being so drawn is not driven at a speed exceeding 20 mph; or

(b)

A vehicle which is being drawn by a motor vehicle in the exercise of a statutory power of removal

(5)     Any reference to a broken-down vehicle shall include a reference to any towing implement which is being used for the drawing of any such vehicle.

(6)     The provisions of this Order shall have effect subject to any condition or restriction of any licence granted under Article 78 of the Law.

(7)     For the purposes of Article 78(3) of the Law, the fee to accompany an application for a licence authorising the use of a vehicle not complying with Orders under Article 77 of the Law is –

(a)     if the application is for a licence for the use of the vehicle on a specified journey or for a specified purpose or for a period of not more than 12 months, £103;

(b)     if the application is for a licence for the use of the vehicle in any other case, £188;

(c)     if the application is a second or subsequent application (after an earlier application under Article 78 of the Law was refused within the period of 30 days before the second or subsequent application is made) and both or all the applications are for a licence for the use of the vehicle as referred to in sub-paragraph (b), £94. [5]

(8)     No fee is required under paragraph (7) in respect of a vehicle used for the purposes of a home force or of a visiting force.[6]

3        Trade description legislation

Nothing in any provision of this Order whereby any vehicle or any of its parts or equipment is required to be marked with a specification number or the registered certification trade mark of the British Standards Institution or with an approval mark, or whereby such a marking is treated as evidence of compliance with a standard to which the marking relates, shall be taken to authorize any person to apply any such marking to the vehicle, part or equipment in contravention of any enactment passed in Jersey relating to trade descriptions.

4        Compliance with Community Directives and ECE Regulations

(1)     For the purpose of any Article which requires or permits a vehicle to comply with the requirements of a Community Directive or an ECE Regulation, a vehicle shall be deemed so to have complied at the date of its first use only if –

(a)     one of the certificates referred to in paragraph (2) has been issued in relation to it;

(b)     the marking referred to in paragraph (3) has been applied; or

(c)     it was, before it was used on a road, subject to relevant type approval requirements as specified in paragraph (4).

(2)     The certificates mentioned in paragraph (1) are –

(a)     a type approval certificate issued by the Secretary of State for Transport of the United Kingdom under regulation 5 of the Type Approval Regulations or of the Type Approval for Agricultural Vehicles Regulations;

(b)     a certificate of conformity issued by the manufacturer of the vehicle under regulation 6 of either of those regulations;

(c)     a certificate issued under a provision of the law of any member state of the European Union which corresponds to the said regulations 5 or 6; or

(d)     a sound level measurement certificate issued by the Secretary of State for Transport of the United Kingdom under regulation 4 of the Motor cycle (Sound Level Measurement Certificates) Regulations 1980 of the United Kingdom,

being in each case a certificate issued by reason of the vehicle’s conforming to the requirements of the Community Directive in question.

(3)     The marking mentioned in paragraph (1) is a marking designated as an approval mark by regulation 4 of the Approval Marks Regulations, being in each case a mark shown in column 2 of an item in Schedule 2 to those regulations which refers, in column 5, to the ECE Regulation in question, applied as indicated in column 4 in that item.

(4)     A relevant type approval requirement is a requirement of the Type Approval (Great Britain) Regulations or the Type Approval for Goods Vehicles Regulations which appears –

(a)     in column 4 of Table 1 in Schedule 1 in the item in which the Community Directive in question appears in column 3; or

(b)     in column 4 of Table 2 in Schedule 1 in the item in which the ECE Regulation in question appears in column 3.

PART 2

THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

A – DIMENSIONS AND MANOEUVRABILITY

5        Length

(1)     Subject to paragraphs (2) and (3), the overall length of a vehicle or combination of vehicles of a class specified in an item in column 2 of the Table shall not exceed the maximum length specified in that item in column 3 of the Table, the overall length in the case of a combination of vehicles being calculated in accordance with Article 87(g) and (h).

 

TABLE

(Article 5(1))

1

2

3

Item

Class of Vehicle

Maximum length (metres)

 

Vehicle Combinations

 

1

A motor vehicle drawing one trailer, where the combination of vehicles does not meet the requirements of paragraph (7) and the trailer is not a semi-trailer

16.50

2

A motor vehicle drawing one trailer where the combination meets the requirements of paragraph (7) and the trailer is not a semi-trailer

16.85

3

An articulated bus

11

4

An articulated vehicle the semi-trailer of which does not meet the requirements of paragraph (8) and is not a low loader

11

5

An articulated vehicle, the semi-trailer of which meets the requirements of paragraph (8) and is not a low loader

11

6

An articulated vehicle, the semi-trailer of which is a low loader

11

 

Motor Vehicles

 

7

A wheeled motor vehicle

9.3

8

A track-laying motor vehicle

9.3

9

A large passenger carrying vehicle

9.7

 

Trailers

 

10

An agricultural trailed appliance manufactured on or after 1st December 1985

8

11

A semi-trailer which meets the requirements of paragraph (8)

8

12

A composite trailer being drawn by –

8

 

(a)

a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3,500 kg; or

 

 

(b)

an agricultural motor vehicle

 

13

An agricultural trailer

8

14

Any other trailer not being an agricultural trailed appliance or a semi-trailer

6.7

(2)     In the case of a motor vehicle drawing one trailer where –

(a)     the motor vehicle is a showman’s vehicle as defined in paragraph 7 of Schedule 3 to the Vehicles Excise Act 1971 of the United Kingdom; and

(b)     the trailer is used primarily as living accommodation by one or more persons and is not also used for the carriage of goods or burden which is not needed for the purpose of such residence in the vehicle,

item 1 in the Table applies with the substitution of 22 m for 16.5 m and item 2 in the Table does not apply.

(3)     Items 1, 2, 4, 5 and 6 of the Table do not apply to –

(a)     a vehicle combination which includes a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length;

(b)     a vehicle combination consisting of a broken-down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown; or

(c)     an articulated vehicle, the semi-trailer of which is a low loader manufactured before 1st April 1991.

(4)     Items 10, 11, 12, 13 and 14 of the Table do not apply to –

(a)     a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length;

(b)     a broken-down vehicle (including an articulated vehicle) which is being drawn by a motor vehicle in consequence of a breakdown; or

(c)     a trailer being a drying or mixing plant designed for the production of asphalt or of bituminous or tar macadam and used mainly for the construction, repair or maintenance of roads, or a road planing machine so used.

(5)     Where a motor vehicle is drawing 2 trailers, then none of those trailers may exceed an overall length of 7 m.

(6)     Where a motor vehicle is drawing –

(a)     2 or more trailers; or

(b)     one trailer constructed and normally used for the conveyance of indivisible loads of exceptional length –

then –

(i)      the overall length of that motor vehicle shall not exceed 9.3 m, and

(ii)      the overall length of the combination of vehicles, calculated in accordance with Article 87(g) and (h), shall not exceed 16.5 m, unless the conditions specified in paragraphs 1 and 2 of Schedule 14 have been complied with.

(7)     The requirements of this paragraph, in relation to a combination of vehicles, are that at least one of the vehicles in the combination is not a goods vehicle or, if both vehicles in the combination are goods vehicles that –

(a)     the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer, less the distance between the rear of the motor vehicle and the front of the trailer, does not exceed 14.15 m; and

(b)     the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer does not exceed 14.5 m,

but sub-paragraph (a) shall not apply if both vehicles in the combination are car transporters.

(8)     The requirements of this paragraph, in relation to a semi-trailer, are that –

(a)     the longitudinal distance from the axis of the king-pin to the rear of the semi-trailer does not exceed 12 m; and

(b)     no point in the semi-trailer forward of the transverse plane passing through the axis of the king-pin is more than 2.04 m.

(9)     For the purposes of paragraph (7) –

(a)     where the forward end of the loading area of a motor vehicle is bounded by a wall, the thickness of the wall shall be regarded as part of the loading area; and

(b)     any part of a vehicle designed primarily for use as a means of attaching another vehicle to it and any fitting designed for use in connection with any such part shall be disregarded in determining the distance between the rear of a motor vehicle and the front of a trailer being drawn by it.

(10)    For the purpose of paragraph (8) the longitudinal distance from the axis of the king-pin to the rear of a semi-trailer is the distance between a transverse plane passing through the axis of the king-pin and the rear of the semi-trailer.

(11)    Where a semi-trailer has more than one king-pin or is constructed so that it can be used with a king-pin in different positions, references in this Article to a distance from the king-pin shall be construed as the distance from the rearmost king-pin, or as the case may be, the rearmost king-pin position.

(12)    For the purpose of paragraphs (7), (8) and (10) –

(a)     a reference to the front of a vehicle is a reference to the transverse plane passing through the extreme forward projecting points of the vehicle; and

(b)     a reference to the rear of a vehicle is a reference to the transverse plane passing through the extreme rearward projecting points of the vehicle,

inclusive (in each case) of all parts of the vehicle of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of –

(i)      the things set out in sub-paragraph (a) of the definition of “overall length” in Article 1(1), and

(ii)      in the case of a semi-trailer, the things set out in sub-paragraph (b)(i) of that definition.

(13)    Where a broken-down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown –

(a)     paragraph (6) shall have effect in relation to the combination of vehicles as if sub-paragraph (b) were omitted; and

(b)     for the purposes of paragraph (5) and of paragraph (6) as so modified, the articulated vehicles shall be regarded as a single trailer.

(14)    No person shall use or cause or permit to be used on a road, a trailer with an overall length exceeding 16.5 m unless the requirements of paragraphs 1 and 2 of Schedule 14 are complied with.

6        Width

(1)     Save as provided in paragraph (2), the overall width of a vehicle of a class specified in an item in column 2 of the Table shall not exceed the maximum width specified in column 3 in that item.

 

TABLE

(Article 6(1))

1

2

3

Item

Class of vehicle

Maximum width (metres)

1

A locomotive other than an agricultural motor vehicle

2.3

2

A refrigerated vehicle

2.3

3

Any other motor vehicle

2.3

4

A trailer drawn by a motor vehicle having maximum gross weight (determined as provided in Part 1 of Schedule 10) exceeding 3,500 kg

2.3

5

An agricultural trailer

2.3

6

An agricultural trailed appliance

2.5

7

Any other trailer drawn by a vehicle other than a motor cycle

2.3

8

A trailer drawn by a motor cycle

1.5

(2)     Paragraph (1) does not apply to a broken-down vehicle which is being drawn in consequence of the breakdown.

(3)     No person shall use or cause or permit to be used on a road a wheeled agricultural motor vehicle drawing a wheeled trailer if, when the longitudinal axes of the vehicles are parallel but in different vertical planes, the overall width drawn of the 2 vehicles, measured as if they were one vehicle, exceeds 2.3 m.

(4)     In this Article “refrigerated vehicle” means any vehicle which is specially designed for the carriage of goods at low temperature.

7        Height

The overall height of a bus shall not exceed 4.57 m.

8        Indication of overall travelling height

(1)     This Article applies to every motor vehicle which is –

(a)     constructed or adapted so as to be capable of hoisting and carrying a skip;

(b)     carrying a container;

(c)     drawing a trailer or semi-trailer carrying a container;

(d)     engineering plant;

(e)     carrying engineering equipment; or

(f)      drawing a trailer or semi-trailer carrying engineering equipment.

(2)     No person shall use or cause or permit to be used on a road a vehicle to which this Article applies if the overall travelling height exceeds 3.66 m unless there is carried in the vehicle in the manner specified in paragraph (3) a notice clearly indicating both in feet and inches and millimetres and in figures not less than 40 mm tall, the overall travelling height.

(3)     The notice referred to in paragraph (2) shall be attached to the vehicle in such a manner that it can be read by the driver when in the driving position.

(4)     In this Article –

“overall travelling height” means not less than and not above 25 mm more than the distance between the ground and the point on the motor vehicle, or on any trailer drawn by it, or on any load being carried by it, or on any equipment which is fitted to the said motor vehicle or trailer, which is farthest from the ground, and for the purpose of determining the overall travelling height –

(a)     the tyres of the motor vehicle and of any trailer which it is drawing shall be suitably inflated for the use to which the vehicle or combination of vehicles is being put;

(b)     the surface under the motor vehicle and any trailer which it is drawing and any load which is being carried on and any equipment which is fitted to any part of the said vehicle or combination of vehicles and which projects beyond any part of the said vehicle or combination of vehicles shall be reasonably flat; and

(c)     any equipment which is fitted to the motor vehicle or any trailer which it is drawing shall be stowed in the position in which it is to proceed on the road;

“skip” means an article of equipment designed and constructed to be carried on a road vehicle and to be placed on a road or other land for the storage of materials, or for the removal and disposal of rubble, waste, household or other rubbish or earth.

9        Overhang

(1)     The overhang of a wheeled vehicle of a class specified in an item in column 2 of the Table shall not, subject to any exemption specified in that item in column 4, exceed the distance specified in that item in column 3.

 

TABLE

(Article 9(1))

1

2

3

4

Item

Class of vehicle

Maximum overhang

Exemptions

1

Motor tractor

1.83 m

(a)     a track-laying vehicle;

(b)     an agricultural motor vehicle;

2

Heavy motor car and motor car

60% of the distance between the transverse plane which passes through the centre or centres of the foremost wheel or wheels and the transverse plane which passes through the foremost point from which the overhang is to be measured as provided in Article 1(1)

(a)     a bus;

(b)     a refuse vehicle;

(c)     a works truck;

(d)     a track-laying vehicle;

(e)     an agricultural motor vehicle;

(f)      a motor car which is an ambulance;

(g)     a vehicle designed to dispose of its load to the rear, if the overhang does not exceed 1.15 m;

(h)     a vehicle first used before 2nd January 1933;

(i)      a vehicle first used before 1st January 1966 if –

          (i)      the distance between the centres of the rearmost and foremost axles does not exceed 2.29 m, and

          (ii)      the distance specified in column 3 is not exceeded by more than 76 mm;

(j)      heating plant on a vehicle designed and mainly used to heat the surface of a road or other similar surface in the process of construction, repair or maintenance shall be disregarded.

(2)     In the case of an agricultural vehicle the distance measured horizontally and parallel to the longitudinal axis of the rear portion of the vehicle between the transverse planes passing through the rearmost point of the vehicle and through the centre of the rear or the rearmost axle shall not exceed 3 m.

10      Minimum ground clearance

(1)     Save as provided in paragraph (2), a wheeled trailer which is –

(a)     a goods vehicle; and

(b)     manufactured on or after 1st April 1984,

shall have a minimum ground clearance of not less than 160 mm if the trailer has an axle interspace of more than 6 m but less than 11.5 m, and a minimum ground clearance of not less than 190 mm if the trailer has an axle interspace of 11.5 m or more.

(2)     Paragraph (1) shall not apply in the case of a trailer –

(a)     which is fitted with a suspension system with which, by the operation of a control, the trailer may be lowered or raised, while that system is being operated to enable the trailer to pass under a bridge or other obstruction over a road provided that at such times the system is operated so that no part of the trailer (excluding any wheel) touches the ground or is likely to do so; or

(b)     while it is being loaded or unloaded.

(3)     In this Article –

“axle interspace” means –

(a)     in the case of a semi-trailer, the distance between the point of support of the semi-trailer at its forward end and, if it has only one axle, the centre of that axle, or if it has more than one axle, the point halfway between the centres of the foremost and rearmost of those axles; and

(b)     in the case of any other trailer, the distance between the centre of its front axle or, if it has more than one axle at the front, the point halfway between the centres of the foremost and rearmost of those axles, and the centre of its rear axle or, if it has more than one axle at the rear, the point halfway between the centre of the foremost and rearmost of those axles; and

“ground clearance” means the shortest distance between the ground and the lowest part of that position of the trailer (excluding any part of a suspension, steering or braking system attached to any axle, and wheel and any air skirt) which lies within the area formed by the overall width of the trailer and the middle 70% of the axle interspace, such distance being ascertained when the trailer –

(a)     is fitted with suitable tyres which are inflated to a pressure recommended by the manufacturer; and

(b)     is reasonably horizontal and standing on ground which is reasonably flat.

11      Turning circle – buses

(1)     This Article applies to a bus first used on or after 1st April 1982.

(2)     Every vehicle to which this Article applies shall be able to move on either lock so that no part of it projects outside the area contained between concentric circles with radii of 12 m and 5.3 m.

(3)     When a vehicle to which this Article applies moves forward from rest, on either lock, so that its outmost point describes a circle of 12 m radius, no part of the vehicle shall project beyond the longitudinal plane which, at the beginning of the manoeuvre, defines the overall width of the vehicle on the side opposite to the direction in which it is turning by more than –

(a)     0.8 m if it is a rigid vehicle; or

(b)     1.2 m if it is an articulated bus.

(4)     For the purpose of paragraph (3) the 2 rigid portions of an articulated bus shall be in line at the beginning of the manoeuvre.

12      Turning circle-articulated vehicles other than those incorporating a car transporter

(1)     Subject to paragraphs (2) and (3), this Article applies to an articulated vehicle having an overall length exceeding 11 m.

(2)     This Article does not apply to an articulated vehicle, the semi-trailer of which –

(a)     was manufactured before the 1st April 1990; and

(b)     has an overall length that does not exceed the overall length it had on that date.

(3)     This Article does not apply to an articulated vehicle the semi-trailer of which is –

(a)     a car transporter;

(b)     a low loader;

(c)     a stepframe low loader; or

(d)     constructed and normally used for the conveyance of indivisible loads of exceptional length.

(4)     Every vehicle to which this Article applies shall be able to move on either lock so that, disregarding the things set out in sub-paragraphs (a) to (m) in the definition of “overall width” in Article 1(1), no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

13      Turning circle-articulated vehicles incorporating a car transporter

(1)     Subject to paragraphs (2) and (3), this Article applies to an articulated vehicle having an overall length exceeding 11 m, the semi-trailer of which is a car transporter.

(2)     This Article does not apply to an articulated vehicle, the semi-trailer of which satisfies the following conditions –

(a)     it was manufactured before 1st April 1990; and

(b)     the distance from the front of the trailer to the rearmost axle is no greater than it was on that date.

(3)     This Article does not apply to an articulated vehicle the semi-trailer of which is –

(a)     a low loader; or

(b)     a stepframe low loader.

(4)     Every articulated vehicle to which this Article applies shall be able to move on either lock so that, disregarding the things set out in sub-paragraphs (a) to (m) in the definition of “overall width” in Article 1(1), no part of –

(a)     the motor vehicle drawing the car transporter; or

(b)     the car transporter to the rear of the transverse plane passing through the king-pin,

projects outside the area between concentric circles with radii at 12.5 m and 5.3 m.

14      Connecting sections and direction-holding of articulated buses

(1)     This Article applies to every articulated bus first used on or after 1st April 1982.

(2)     The connecting section of the 2 parts of every articulated bus to which this Article applies shall be constructed so as to comply with the provisions relating to such a section specified in paragraph 5.9 in ECE Regulation 36 as regards vehicles within the scope of that Regulation.

(3)     Every articulated bus to which this Article applies shall be constructed so that when the vehicle is moving in a straight line the longitudinal median planes of its 2 parts coincide and form a continuous plane without any deflection.

B – BRAKES

15      Braking systems of certain vehicles first used on or after 1st April 1983

(1)     Save as provided in paragraphs (2), (3) and (4), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1983 or which, in the case of a trailer, is manufactured on or after 1st October 1982 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 79/489, and if relevant, Annexes III, IV, V, VI and VIII to that Directive, in relation to the category of vehicles specified in that item in column 3:

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with Articles 16 and 17.

(2)     Save as provided in paragraph (6), paragraphs (7)(b) and (c) and paragraphs (8) and (10), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle is first used on or after the relevant date or which, in the case of a trailer, is manufactured on or after the relevant date, shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3:

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date to comply with the said requirements instead of complying with paragraph (1) or with Articles 16 and 17.

(3)     In paragraph (2), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle in any other class is 1st April 1989.

(4)     Save as provided in paragraph (6), paragraphs (7)(b) and (c) and paragraphs (8) and (10), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which in the case of a motor vehicle is first used on or after 1st April 1992 or in the case of a trailer is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to the Community Directive 88/194, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3:

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle was first used before 1st April 1992 or which, in the case of a trailer, was manufactured before 1st October 1991, to comply with the said requirements instead of complying with paragraph (1) or (2), or with Articles 16 and 17.

(5)     Save as provided in paragraphs (6), (7), (8) and (11), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st April 1995 or which, in the case of a trailer, is manufactured on or after that date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 91/422, and if relevant, Annexes III, IV, V, VI, VIII, X, XI and XII to that Directive in relation to the category of vehicles specified in that item in column 3:

Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1995 or which, in the case of a trailer, was manufactured before that date to comply with the said requirements instead of complying with paragraph (1), (2) or (4) or with Articles 16 and 17.

 

TABLE

(Article 15(1))

1

2

3

Item

Class of vehicle

Vehicle Category
in the Community Directive

1

Passenger vehicles and dual-purpose vehicles which have 3 or more wheels except –

(a)     dual-purpose vehicles constructed and adapted to carry not more than 2 passengers exclusive of the driver;

(b)     motor cycles with sidecar attached;

(c)     vehicles having 3 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;

(d)     Buses

M1

2

Buses having a maximum gross weight which does not exceed 5,000 kg

M2

3

Buses having a maximum gross weight which exceeds 5,000 kg

M3

4

Dual-purpose vehicles not within item 1; and goods vehicles, having a maximum gross weight which does not exceed 3,500 kg, and not being motor cycles with a sidecar attached.

N1

 

Goods vehicles with a maximum gross weight which –

 

5

Exceeds 3,500 kg but does not exceed 12,000 kg

N2

6

Exceeds 12,000 kg

 

 

Trailers with a maximum total design axle weight which –

 

7

Does not exceed 750 kg

O1

8

Exceeds 750 kg but does not exceed 3,500 kg

O2

9

Exceeds 3,500 kg but does not exceed 10,000 kg

O3

10

Exceeds 10,000 kg

O4

(6)     The requirements specified in paragraphs (1), (2) and (4) do not apply to –

(a)     an agricultural trailer or agricultural trailed appliance that is not, in either case, drawn at a speed exceeding 20 mph;

(b)     a locomotive;

(c)     a motor tractor;

(d)     an agricultural motor vehicle unless it is first used after 1st June 1986 and is driven at more than 20 mph;

(e)     a vehicle which has a maximum speed not exceeding 25 km/h;

(f)      a works trailer;

(g)     a works truck;

(h)     a public works vehicle;

(i)      a trailer designed and constructed, or adapted, to be drawn exclusively by a vehicle to which sub-paragraph (b), (c), (e), (g) or (h) applies; or

(j)      a trailer mentioned in Article 16(3)(b), (d), (e), (f) and (g).

(7)     The requirements specified in paragraphs (1), (2) and (4) shall apply to the classes of vehicles specified in the Table so that –

(a)     in item 3, the testing requirements specified in paragraphs 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647, 88/194 and 91/422 shall apply to every vehicle specified in that item other than –

(i)      a double-decked vehicle first used before 1st October 1983, or

(ii)      a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647 or 88/194;

(b)     in items 2 and 3 –

(i)      the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489, 85/647, 88/194 and 92/422 shall not apply in relation to any vehicle first used before 1st January 1999,

(ii)      those requirements shall not apply in relation to any relevant bus first used on or after that date,

(iii)     sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647, 88/194 and 91/422 shall not apply in relation to any vehicle,

and for the purposes of this sub-paragraph “relevant bus” means a bus that is not a coach;

(c)     in items 1, 2, 3, 4, 5 and 6, in the case of vehicles constructed or adapted for use by physically handicapped drivers, the requirements in paragraph 2.1.2.1 of Annex I to Community Directive 79/489 that the driver must be able to achieve the braking action mentioned in that paragraph from the driver’s driving seat without removing the driver’s hands from the steering control shall be modified so as to require that the driver is able to achieve that action while continuing to steer the vehicle; and

(d)     in items 1, 4, 5, 6, 7, 8, 9 and 10 the requirement specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489 shall not apply to a vehicle first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (3) if either –

(i)      following a test in respect of which the fee numbered 26024/26250 to 26257, prescribed in Schedule 1 of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1994 of the United Kingdom or the corresponding fee prescribed under any corresponding previous enactment is payable, a document is issued by the Secretary of State for Transport of the United Kingdom indicating that, at the date of manufacture of the vehicle, the type to which it belongs complied with the requirements specified in Annex 13 to ECE Regulation 13.03, 13.04, 13.05 or 13.06, or

(ii)      as a result of a notifiable alteration to the vehicle, within the meaning of regulation 3 of the Plating and Testing Regulations, a fitment has been approved as complying with the requirements mentioned in clause (i).

(8)     The requirements specified in paragraph (2) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.

(9)     Instead of complying with paragraph (1), a vehicle to which this Article applies may comply with ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(10)    Instead of complying with paragraph (2), a vehicle to which this Article applies may comply with ECE Regulation 13.05 or 13.06.

(11)    Instead of complying with paragraph (4), a vehicle to which this Article applies may comply –

(a)     in the case of a trailer manufactured before 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.

(12)    In paragraph (8) “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3m3 carried on a vehicle.

(13)    In this Article and in relation to the application to any vehicle of any provision of Community Directive 85/647, the definitions of “semi-trailer”, “full trailer” and “centre-axle trailer” set out in that Directive shall apply and the meaning of “semi-trailer” in Article 1(1) shall not apply.

16      Braking systems of vehicles to which Article 15 does not apply

(1)     Save as provided in paragraphs (2) and (3), this Article applies to every vehicle to which Article 15 does not apply.

(2)     Paragraph (4) does not apply to a vehicle which complies with Article 15 by virtue of the proviso to paragraphs (1), (2), (4) or (5) of Article 15, or which complies with Community Directive 79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(3)     This Article does not apply to the following vehicles, except in the case of a vehicle referred to in sub-paragraph (a) insofar as the Article concerns parking brakes (requirements 16 to 18 in Schedule 2)–

(a)     a locomotive first used before 2nd January 1933, propelled by steam, and with an engine which is capable of being reversed;

(b)     a trailer which –

(i)      is designed for use and used for street cleansing and does not carry any load other than its necessary gear and equipment,

(ii)      has a maximum total design axle weight which does not exceed 750 kg,

(iii)     is an agricultural trailer manufactured before 1st July 1947 drawn by a motor tractor or an agricultural motor vehicle if the trailer –

(A)    has a laden weight not exceeding 4,070 kg, and

(B)     is the only trailer being drawn, and

(C)     is drawn at a speed not exceeding 10 mph, or

(iv)     is drawn by a motor cycle in accordance with Article 90;

(c)     an agricultural trailed appliance;

(d)     an agricultural trailed appliance conveyor;

(e)     a broken-down vehicle;

(f)      before 1st October 1986 –

(i)      a trailer with an unladen weight not exceeding 103 kg which was manufactured before 1st October 1982, and

(ii)      a gritting trailer; or

(g)     on or after 1st October 1986 a gritting trailer with a maximum gross weight not exceeding 2,000 kg.

(4)     Save as provided in paragraph (10), a vehicle of a class specified in an item in column 2 of Table 1 shall comply with the requirements shown in column 3 in that item, subject to any exemptions or modifications shown in column 4 in that item, reference to numbers in column 3 being references to the requirements so numbered in Schedule 2.

 

TABLE 1

(Article 16(4))

1

2

3

4

Item

Class of vehicle

Requirements in Schedule 2

Exemptions or modifications

Motor cars

1

First used before 1st January 1915

3, 6, 7, 13, 16

Requirements 13 and 16 do not apply to a motor car with less than 4 wheels

2

First used on or after 1st January 1915 but before 1st April 1938

1, 4, 6, 7, 9, 16

A works truck within items 1 to 11 is not subject to requirements 1, 2, 3 or 4 if it is equipped with one braking system with one means of operation

3

First used on or after 1st April 1938 and being either a track-laying vehicle or a vehicle first used before 1st January 1968

1, 4, 6, 7, 8, 9, 16

 

4

Wheeled vehicles first used on or after 1st January 1968

1, 4, 6, 7, 8, 9, 15, 18

 

Heavy motor cars

5

First used before 15th August 1928

1, 6, 16

 

6

First used on or after 15th August 1928 but before 1st April 1938

1, 4, 6, 7, 8, 16

 

7

First used on or after 1st April 1938 and being either a track-laying vehicle first used before 1st January 1968

1, 4, 6, 7, 8, 9, 16

 

8

Wheeled vehicles first used on or after 1st January 1968

1, 4, 6, 7, 8, 9, 15, 18

 

Motor cycles and motor tricycles

9

First used before 1st January 1927

3, and, in the case of 3-wheeled vehicles, 16

 

10

First used on or after 1st January 1927 but before 1st January 1968

2, 7 and, in the case of 3-wheeled vehicles, 16

 

11

First used on or after 1st January 1968 and not being a motor cycle to which paragraph (5) applies

2, 7 and, in the case of 3-wheeled vehicles, 18

 

Locomotives

12

Wheeled vehicles first used before 1st June 1955

3, 6, 12, 16

 

13

Wheeled vehicles first used on or after 1st June 1955 but before 1st January 1968

3, 4, 6, 7, 8, 9, 18

 

14

Wheeled vehicles first used on or after 1st January 1968

3, 4, 6, 7, 8, 9, 18

 

15

Track-laying vehicles

3, 6, 16

 

Motor tractors

16

Wheeled vehicles first used before 14th January 1931 and track-laying vehicles first used before 1st April 1938

3, 4, 6, 7, 16

Industrial tractors within items 16 to 19 are subject to requirement 5 instead of requirement 4

17

Wheeled vehicles first used on or after 14th January 1931 but before 1st April 1938

3, 4, 6, 7, 9, 16

 

18

Wheeled vehicles first used on or after 1st April 1938 but before 1st January 1968

3, 4, 6, 7, 8, 9, 16

 

19

Wheeled vehicles first used on or after 1st January 1968

3, 4, 6, 7, 8, 9, 18

 

20

Track-laying vehicles first used on or after 1st April 1938

3, 4, 6, 7, 8, 16

 

Wheeled agricultural motor vehicles not driven at more than 20 mph

21

First used before 1st January 1968

3, 4, 6, 7, 8, 16

 

22

First used on or after 1st January 1968 but before 9th February 1980

3, 4, 6, 7, 8, 18

 

23

First used on or after 9th February 1980

3, 5, 6, 7, 8, 18

 

Invalid carriages

24

Whenever first used

3, 13

 

Trailers

25

Manufactured before 1st April 1938

3, 10, 14, 17

 

26

Manufactured on or after 1st April 1938 and being either a track-laying vehicle, an agricultural trailer or a vehicle manufactured before 1st January 1968

3, 8, 10, 14, 17

Agricultural trailers are not subject to requirement 8

27

Wheeled vehicles manufactured on or after 1st January 1968, not being an agricultural trailer

3, 4, 8, 11, 15, 18

Trailers equipped with brakes which come into operation on the overrun of the vehicle are not subject to requirement 15

Provided that wheeled agricultural motor vehicles not driven at more than 20 mph are excluded from all items other than items 21 to 23.

(5)     Subject to paragraphs (7) and (8), the braking system of a motor cycle to which this Article applies and which is –

(a)     of a class specified in an item in column 2 of Table 2; 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.

(6)     Subject to paragraph (8), the braking system of a motor cycle to which this Article applies and which is –

(a)     of a class specified in an item in column 2 of Table 2; 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 2

(Article 16(5) and (6))

Item

Class of vehicle

Vehicle Category in ECE Regulations

1

Vehicles (without a sidecar attached) with 2 wheels, an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h

L.1

2

Vehicles with 3 wheels (including 2-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

L.2

3

Vehicles with 2 wheels (without a sidecar attached) and with –

L.3

(a)

an engine capacity exceeding 50 cc; or

(b)

a maximum design speed exceeding 50 km/h

4

Vehicles with 2 wheels, a sidecar attached and –

L.4

(a)

an engine capacity exceeding 50 cc; or

(b)

a maximum design speed exceeding 50 km/h

(7)     In relation to a motor cycle with 2 wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L125, the Cosa LX125, the Cosa 200, the Cosa 200E, the Cosa L200 or the Cosa LX200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by –

(a)     the omission of paragraph 4.4 (approval marks); and

(b)     in paragraph 5.3.1.1 (independent braking devices and controls), the omission of the word “independent” in the first place where it appears,

but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.

(8)     Paragraph (5) does not apply to a works truck or to a vehicle constructed or assembled by a person not ordinarily engaged in the business of manufacturing vehicles of that description.

(9)     Paragraph (6) does not apply to –

(a)     a vehicle with a maximum speed not exceeding 25 km/h; or

(b)     a vehicle fitted for an invalid driver.

(10)    Instead of complying with the provisions of paragraph (4) an agricultural motor vehicle may comply with Community Directive 76/432.

17      Vacuum or pressure brakes warning devices

(1)     Save as provided in paragraph (2), every motor vehicle which is equipped with a braking system which embodies a vacuum or pressure reservoir or reservoirs shall be equipped with a 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.

(2)     The requirement specified in paragraph (1) does not apply in respect of –

(a)     a vehicle to which Article 15(1), (2), (4) or (5) applies, or which complies with the requirements of that Article, of Community Directive 79/489, 85/647, 88/194 or 91/422 or of ECE Regulation 13.03, 13.04, 13.05 or 13.06;

(b)     an agricultural motor vehicle which complies with Community Directive 76/432;

(c)     a vehicle with an unladen weight not exceeding 3,050 kg propelled by an internal combustion engine, if the vacuum in the reservoir or reservoirs is derived directly from the induction system of the engine and if in the event of a failure of, or deficiency in, the vacuum system, the brakes of that braking system are sufficient under the most adverse conditions to bring the vehicle to rest within a reasonable distance; or

(d)     a vehicle first used before 1st October 1937.

18      Maintenance and efficiency of brakes

(1)     Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted.

(2)     Without prejudice to paragraph (5), where a vehicle is fitted with an anti-lock braking system (“ABS”), then while the condition specified in paragraph (3) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).

(3)     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.

(4)     Paragraph (5) applies to every wheeled motor vehicle except –

(a)     an agricultural motor vehicle which is not driven at more than 20 mph;

(b)     a works truck;

(c)     a pedestrian-controlled vehicle; and

(d)     an industrial tractor.

(5)     Every vehicle to which this paragraph applies and which is of a class specified in an item in column 2 of Table 1 shall, subject to any exemption shown for that item in column 4, be so maintained that –

(a)     its service braking system has a total braking efficiency not less than that shown in column 3(a) for that item; and

(b)     if the vehicle is a heavy motor car, a motor car first used on or after 1st January 1915 or a motor cycle first used on or after 1st January 1927, its secondary braking system has a total braking efficiency not less than that shown in column 3(b) for those items:

Provided that a reference in Table 1 to a trailer is a reference to a trailer required by Article 15 or 16 to be equipped with brakes.

 

TABLE 1

(Article 18(1))

1

2

3

4

Item

Class of vehicle

Efficiencies (%)

Exemptions

(a)

(b)

1

A vehicle to which Article 15 applies or which complies in all respects other than its braking efficiency with the requirements of that Article or with Community Directive 79/489, 88/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06 –

 

 

A motor cycle

 

(a)

when not drawing a trailer;

50

25

 

(b)

when drawing a trailer

45

25

2

A vehicle, not included in item 1 and not being a motor cycle, which is first used on or after 1st January 1968 –

 

 

 

(a)

when not drawing a trailer;

50

25

(b)

when drawing a trailer manufactured on or after 1st January 1968;

50

25

(c)

when drawing a trailer manufactured before 1st January 1968

40

15

3

Goods vehicles and buses in each case first used on or after 15th August 1928 but before 1st January 1968 having an unladen weight exceeding 1,525 kg being –

 

 

 

(a)

rigid vehicles with 2 axles not constructed to form part of an articulated vehicle –

45

20

(i)

when not drawing a trailer;

40

15

(ii)

when drawing a trailer;

40

15

(b)

other vehicles, including vehicles constructed to form part of an articulated vehicle, whether or not drawing a trailer

 

 

4

Vehicles not included in items 1 to 3 –

 

 

(a)     a bus;

(b)     an agricultural vehicle;

(c)     a vehicle constructed or adapted to form part of an articulated vehicle;

(d)     a heavy motor car which is a goods vehicle first used before 15th August 1928

 

(a)

having at least one means of operation applying to at least 4 wheels;

50

25

(b)

having 3 wheels and at least one means of operation applying to all 3 wheels and not being a motor cycle with sidecar attached –

 

 

(i)

when not drawing a trailer,

40

25

(ii)

in the case of a motor cycle when drawing a trailer;

40

25

(c)

other –

 

 

(i)

When not drawing a trailer,

30

25

(ii)

in the case of a motor cycle when drawing a trailer

30

25

(6)     A goods vehicle shall not be deemed to comply with the requirements of paragraph (5) unless it is capable of complying with those requirements both at the laden weight at which it is operating at any time and when its laden weight is equal to the design gross weight of the vehicle:

Provided that in the case of a goods vehicle drawing a trailer, references in this paragraph to laden weight refer to the combined laden weight of the drawing vehicle and the trailer and references to design gross weight are to be taken as references to design train weight.

(7)     A bus shall be deemed not to comply with the requirements of paragraph (5) unless it is capable of complying with those requirements both at its laden weight for the time being and at its relevant weight.

(8)     For the purposes of paragraph (7), the relevant weight –

(a)     in relation to a bus first used on or after 1st April 1982, is its maximum gross weight; and

(b)     in relation to a bus first used before that date, is the weight specified in paragraph (9).

(9)     The weight referred to in paragraph (8(b)) is –

X + 63.5 (Y + Z) kg

where –

X is the unladen weight of that bus in kilograms;

Y is the number of passengers that the bus is constructed or adapted to carry seated in addition to the driver; and

Z is –

(a)     in the case of a PSV which is not an articulated bus and has a standing capacity exceeding 8 persons, the standing capacity minus 8;

(b)     in the case of a PSV which is an articulated bus, the standing capacity; or

(c)     in any other case, nil.

(10)    The brakes of every agricultural motor vehicle which is first used on or after 1st June 1986 and is not driven at more than 20 mph, and of every agricultural trailer manufactured on or before 1st December 1985 shall be capable of achieving a braking efficiency of not less than 25% when the weight of the vehicle is equal to the total maximum weights which the vehicle is designed to have.

(11)    Every vehicle or combination of vehicles specified in an item in column 2 of Table 2 shall be so maintained that its brakes are capable, without the assistance of stored energy, of holding it stationary on a gradient of at least the percentage specified in column 3 in that item.

 

TABLE 2

(Article 18(6))

1

2

3

Item

Class of vehicle or combination

Percentage gradient

1

A vehicle specified in item 1 of Table 1 –

 

(a)

when not drawing a trailer;

16

(b)

when drawing a trailer

12

2

A vehicle to which requirement 18 in Schedule 2 applies by virtue of Article 16

16

3

A vehicle, not included in item 1, drawing a trailer manufactured on or after 1st January 1968 and required, by Article 15 or 16, to be fitted with brakes

16

(12)    For the purpose of this Article the date of manufacture of a trailer which is a composite trailer shall be deemed to be the same as the date of manufacture of the semi-trailer which forms part of the composite trailer.

(13)    A vehicle which is subject to, and which complies with the requirements in, item 1 in Tables 1 and 2 shall not be treated as failing, by reason of its braking efficiency, to comply with Article 15 or with Community Directives 79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06.

(14)    In this Article –

“PSV” means a Public Service Vehicle within the meaning of the 1935 Law;

“standing capacity” in relation to a PSV means the number of persons that can be carried standing pursuant to a determination by the Minister under Article 9 of the 1935 Law.

19      Application of brakes of trailers

Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by this Order to be fitted to the trailer as well as the brakes of the motor vehicle unless a person other than the driver or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive is in a position and competent efficiently to apply the brakes of the trailer:

Provided that this Article shall not apply to a trailer which –

(a)     in compliance with this Order, is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(b)     is a broken-down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.

C – WHEELS, SPRINGS, TYRES AND TRACKS

20      General requirements as to wheels and tracks

Every motor cycle and invalid carriage shall be a wheeled vehicle, and every other motor vehicle and every trailer shall be either a wheeled vehicle or a track-laying vehicle.

21      Diameter of wheels

All wheels of a wheeled vehicle which are fitted with tyres other than pneumatic tyres shall have a rim diameter of not less than 670 mm:

Provided that this Article does not apply to –

(a)     a motor vehicle first used on or before 2nd January 1933;

(b)     a trailer manufactured before 1st January 1933;

(c)     a wheel fitted to a motor car first used on or before 1st July 1936, if the diameter of the wheel inclusive of the tyre is not less than 670 mm;

(d)     a works truck or works trailer;

(e)     a refuse vehicle;

(f)      a pedestrian-controlled vehicle;

(g)     a mobile crane;

(h)     an agricultural trailed appliance;

(i)      a broken-down vehicle which is being drawn by a motor vehicle in consequence of the breakdown; or

(j)      an electrically propelled goods vehicle the unladen weight of which does not exceed 1,270 kg.

22      Springs and resilient material

(1)     Save as provided in paragraphs (3) and (4), every motor vehicle and every trailer shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.

(2)     Save as provided in paragraphs (3) and (4), in the case of a track-laying vehicle –

(a)     resilient material shall be interposed between the rims of the weight-carrying rollers and the road surface so that the weight of the vehicle, other than that borne by any wheel, is supported by the resilient material; and

(b)     where the vehicle is a heavy motor car, motor car, or trailer it shall have suitable springs between the frame of the vehicle and the weight-carrying rollers.

(3)     This Article does not apply to –

(a)     a wheeled vehicle with an unladen weight not exceeding 4,070 kg and which is –

(i)      a motor tractor any unsprung wheel of which is fitted with a pneumatic tyre,

(ii)      a vehicle specially designed, and mainly used, for work on rough ground or unmade roads and every wheel of which is fitted with a pneumatic tyre and which is not driven at more than 20 mph,

(iii)     a vehicle constructed or adapted for, and being used for, road sweeping and every wheel of which is fitted with either a pneumatic tyre or a resilient tyre and which is not driven at more than 20 mph;

(b)     an agricultural motor vehicle which is not driven at more than 20 mph;

(c)     an agricultural trailer, or an agricultural trailed appliance;

(d)     a trailer used solely for the haulage of felled trees;

(e)     a motor cycle;

(f)      a mobile crane;

(g)     a pedestrian-controlled vehicle all the wheels of which are equipped with pneumatic tyres;

(h)     a road roller;

(i)      a broken-down vehicle; or

(j)      a vehicle first used on or before 1st January 1932.

(4)     Paragraph (1) and paragraph (2)(b) do not apply to a works truck or a works trailer.

23      Wheel loads

(1)     Subject to paragraph (2), this Article applies to –

(a)     a semi-trailer with more than 2 wheels;

(b)     a track-laying vehicle with more than 2 wheels; and

(c)     any other vehicle with more than 4 wheels.

(2)     This Article does not apply to a road roller.

(3)     Save as provided in paragraphs (4) and (5), every vehicle to which this Article applies shall be fitted with a compensating arrangement which will ensure that under the most adverse conditions every wheel will remain in contact with the road and will not be subject to abnormal variations of load.

(4)     Paragraph (3) does not apply in respect of a steerable wheel on which the load does not exceed –

(a)     if it is a wheeled vehicle, 3,560 kg; and

(b)     if it is a track-laying vehicle, 2,540 kg.

(5)     In the application of paragraph (3) to an agricultural motor vehicle, wheels which are in line transversely on one side of the longitudinal axis of the vehicle shall be regarded as one wheel.

24      Tyres

(1)     Save as provided in paragraph (2), every wheel of a vehicle of a class specified in an item in column 2 of the Table shall be fitted with a tyre of a type specified in that item in column 3 which complies with any conditions specified in that item in column 4.

(2)     The requirements referred to in paragraph (1) do not apply to a road roller and are subject, in the case of any item in the Table, to the exemption specified in that item in column 5.

 

TABLE

(Article 24(1))

(1)

(2)

(3)

(4)

(5)

Item

Class of vehicle

Type of tyre

Conditions

Exemptions

1

Locomotives not falling in item 6

Pneumatic or resilient

 

 

2

Motor tractors not falling in item 6

Pneumatic or resilient

No re-cut pneumatic tyre shall be fitted to any wheel of a vehicle with an unladen weight of less than 2,540 kg unless the diameter of the rim of the wheel is at least 405 mm

 

3

Heavy motor cars not falling in item 6

Pneumatic

 

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre –

(a)    a vehicle mainly used for work on rough ground;

(b)    a tower wagon;

(c)    a vehicle fitted with a turntable fire escape;

(d)    a refuse vehicle;

(e)    a works truck;

(f)     a vehicle first used before 3rd January 1933

4

Motor cars not falling in item 6

Pneumatic

No re-cut tyre shall be fitted to any wheel of a vehicle unless it is –

(a)   an electrically propelled goods vehicle; or

(b)   a goods vehicle with an unladen weight of at least 2,540 kg and the diameter of the rim is at least 405 mm

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre –

(a)    a vehicle mainly used for work on rough ground;

(b)    a refuse vehicle;

(c)    a works truck;

(d)    a vehicle with an unladen weight not exceeding –

        (i)     1,270 kg if electrically propelled,

        (ii)    1,020 kg in any other case

(e)    a tower wagon;

(f)     a vehicle fitted with a turntable fire escape;

(g)    a vehicle first used before 3rd January 1933

5

Motor cycle

Pneumatic

No re-cut tyre shall be fitted

The following, if every wheel not fitted with a pneumatic tyre is fitted with a resilient tyre –

(a)    a works truck;

(b)    a pedestrian-controlled vehicle

6

Agricultural motor vehicles which are not driven at more than 20 mph

Pneumatic or resilient

The same as for item 2

The requirement in column 3 does not apply to a vehicle of which –

(a)    every steering wheel is fitted with a smooth-soled tyre which is not less than 6.0 mm wide where it touches the road; and

(b)    in the case of a wheeled vehicle, every driving wheel is fitted with a smooth-sole tyre which –

        (i)     is not less than 150 mm wide if the unladen weight of the vehicle exceeds 3,050 kg, or 76 mm wide in any other case, and either

        (ii)    is shod with diagonal crossbars not less than 76 mm wide or more than 20 mm thick extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm; or

        (iii)   is shod with diagonal Crossbars of resilient material not less than 60 mm wide extending the full breadth of the tyre and so arranged that the space between adjacent bars is not more than 76 mm

7

Trailers

Pneumatic

Except in the case of a trailer mentioned in paragraph (d) of column 5, no recut tyre shall be fitted to any wheel of a trailer drawn by a heavy motor car if the trailer –

(a)   has an unladen weight not exceeding –

        (i)   if it is a living van 2,040 kg; or

        (ii)   in any other case, 1,020 kg;

        or

(b)   Is not constructed or adapted to carry any load, other than plant or other special appliance which is a permanent or essentially permanent fixture and has a gross weight not exceeding 2,290 kg

(a)    an agricultural trailer manufactured before 1st December 1985;

(b)    an agricultural trailer appliance;

(c)    a trailer used to carry water for a road roller being used in connection with road works;

(d)    the following, if every wheel which is not fitted with a pneumatic tyre is fitted with a pneumatic tyre is fitted with a resilient tyre –

        (i)     a works trailer;

        (ii)    a refuse vehicle;

        (iii)   a trailer drawn by a heavy motor car every wheel of which is not required to be fitted with a pneumatic tyre;

        (iv)   a broken-down vehicle; or

        (v)    a trailer drawn by a vehicle which is not a heavy motor car or a motor car

(3)     Save as provided in paragraph (4) a wheel of a vehicle may not be fitted with a temporary use spare tyre unless either –

(a)     the vehicle is a passenger vehicle (not being a bus) first used before 1st April 1987; or

(b)     the vehicle complies at the time of its first use with ECE Regulation 64 or Community Directive 92/23.

(4)     Paragraph (3) does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description.

25      Tyre loads and speed ratings

(1)     Save as provided in paragraphs (3), (4) and (8) any tyre fitted to the axle of a vehicle –

(a)     which is a class of vehicle specified in an item in column 2 of Table 1; and

(b)     in relation to which the date of first use is as specified in that item in column 3 of that Table;

shall comply with the requirements specified in that item in column 4 of that Table.

 

TABLE 1

(Article 25(1))

1

2

3

4

Item

Class of vehicle

Date of first use

Requirements

1

Vehicles which are of one or more of the following descriptions, namely –

Before 1st April 1991

The requirements of paragraphs (5) and (6)

(a)

goods vehicles;

(b)

trailers;

(c)

buses;

(d)

vehicles of a class mentioned in column 2 in Table 3

2

Vehicles which are of one of the following descriptions –

On or after 1st April 1991

The requirements of paragraphs (5), (6) and (7)

(a)

goods vehicles;

(b)

trailers;

(c)

buses;

(d)

vehicles of a class mentioned in column 2 in Table 3,

and do not fall within item 3

3

Vehicles of a class mentioned in paragraph (2)

On or after 1st April 1991

The requirements of paragraph (5)

(2)     The classes of vehicle referred to in item 3 in column 2 of Table 1 are –

(a)     engineering plant;

(b)     track-laying vehicles;

(c)     vehicles equipped with tyres of speed category Q;

(d)     works trucks; and

(e)     motor vehicles with a maximum speed not exceeding 30 mph, not being vehicles of a class specified in –

(i)      items 2 and 3 of Table 2; or

(ii)      paragraph (8) or sub-paragraphs (a) to (d); or trailers while being drawn by such vehicles.

(3)     Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is –

(a)     broken-down or proceeding to a place where it is to be broken up; and

(b)     being drawn by a motor vehicle at a speed not exceeding 20 mph.

(4)     Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that tyre is fitted to an axle of that vehicle, paragraph (7) shall not apply to that tyre while it is being used for those purposes.

(5)     The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.

(6)     The requirements of this paragraph are that the tyre shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table 2 in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).

 

TABLE 2

(Article 25(6))

1

2

3

4

Item

Class of vehicle

Speed (mph)

Variation to the load-capacity index expressed as a percentage

 

 

 

Tyres marked in accordance with ECE Regulation 30, 30.01 or 30.02 and relevant car tyres

Tyres marked in accordance with ECE Regulation 54 and relevant commercial vehicle tyres

1

A vehicle of a class for which maximum speeds are prescribed by Schedule 2 to the Law other than an agricultural motor vehicle

The highest speed so prescribed

Single wheels: None

Dual wheels 95.5%

None

2

An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of not more than 25 mph

The maxi-mum speed of the vehicle

None

150%

3

An electrically propelled vehicle used as a multi-stop collection and delivery vehicle and having a maximum speed of more than 25 mph and not more than 40 mph

The maxi-mum speed of the vehicle

None

130%

4

An electrically propelled vehicle used only within a radius of 25 miles from the permanent base at which it is normally kept and having a maximum speed of more than 40 mph and not more than 50 mph

The maxi-mum speed of the vehicle

None

115%

5

A bus or coach

50

None

110%

6

A restricted speed vehicle

50

None

The relevant % variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23

 

 

 

Types marked in accordance with ECE Regulation 30, 30.01 or 30.02

Tyres marked in accordance with ECE Regulation 54

7

A low platform trailer, an agricultural motor vehicle, an agricultural motor vehicle, an agricultural trailer, an agricultural trailed appliance or an agricultural trailed appliance conveyor

40

None

The relevant % variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23

8

A public works vehicle

40

None

115%

9

A multi-stop local collection and delivery vehicle if not falling within the class of vehicle described in items 2 or 3 above

40

None

115%

10

A light trailer or any trailer equipped with tyres of speed category F or G

60

Single wheels: 110%

 

Dual wheels: 105%

The relevant variation specified in Annex 8 to ECE Regulation 54 or Appendix 8 to Annex II to Community Directive 92/23

11

A trailer not falling in items 6 – 10

60

Single wheels: none

 

Dual wheels: 95.5%

None

12

A motor vehicle not falling in items 1 – 11

70

Single wheels: None

 

Dual wheels: 95.5%

None

(7)     The requirement of this paragraph is that the tyre when first fitted to the vehicle was marked with a designated approval mark or complied with the requirements of ECE Regulation 30, 30.01, 30.02 or 54, but this requirement shall not apply to a retreaded tyre.

(8)     The requirements of paragraphs (6) and (7) shall not apply to any tyre fitted to the axle of a vehicle of a class specified in an item in column 2 of Table 3 while the vehicle is being driven or drawn at a speed not exceeding that specified in that item in column 3 of that Table.

 

TABLE 3

(Article 25(8))

1

2

3

Item

Class of vehicle

Speed (mph)

1

Agricultural motor vehicles

20

2

Agricultural trailers

20

3

Agricultural trailed appliances

20

4

Agricultural trailed appliance conveyors

20

5

Works trailers

18

(9)     Paragraph (10) applies where a tyre fitted to the axle of the vehicle –

(a)     bears a speed category symbol and load-capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured;

(b)     is designed and manufactured so as to be capable of operating safely at the speed and load indicated by those marks; and

(c)     is designed so as to be capable of being fitted to the axle of a vehicle of a class specified in item 1, 2, 3 or 4 in column 2 of Table 3.

(10)    In the circumstances mentioned in paragraph (9), paragraph (7) shall not apply to the tyre if –

(a)     the vehicle is being driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol; and

(b)     the load on the tyre does not exceed the load indicated by the load capacity index.

(11)    A vehicle of a class described in column 2 in Table 2 first used on or after 1st April 1991 shall not be used on a road –

(a)     in the case where there is no entry in column 4 specifying a variation to the load-capacity index expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the load-capacity index; or

(b)     in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the load-capacity index expressed as a percentage.

(12)    In this Article –

“bus or coach” means an omnibus or char-à-banc used in the provision of a service licensed under the 1935 Law;

“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 33 in Schedule 4 to those Regulations (that item being a marking relating to Community Directive 92/23);

“dual wheels” means 2 or more wheels which are to be regarded as one wheel by virtue of Article 1(10) in the circumstances specified in that paragraph;

“load-capacity index” has the same meaning as in paragraph 2.28 of Annex II to Community Directive 92/23 or paragraph 2.29 or ECE Regulation 30.02 or paragraph 2.27 of ECE Regulation 54;

“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within Jersey;

“single wheels” means wheels which are not dual wheels; and

“speed category” has the same meaning as in paragraph 2.29 of Annex II to Community Directive 92/23 or paragraph 2.28 of ECE Regulation 54.

(13)    For the purposes of this Article, a tyre is a “relevant car tyre” if –

(a)     it has been marked with a designated approval mark; and

(b)     the first 2 digits of the approval number comprised in the mark are “02”.

(14)    For the purposes of this Article, a tyre is a “relevant commercial vehicle tyre” if –

(a)     it has been marked with a designated approval mark; and

(b)     the first 2 digits of the approval number comprised in the mark are “00”.

(15)    In this Article any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

26      Mixing of tyres

(1)     Save as provided in paragraph (5), pneumatic tyres of different types of structure shall not be fitted to the same axle of a wheeled vehicle.

(2)     Save as provided in paragraph (3) or (5), a wheeled motor vehicle having only 2 axles each of which is equipped with one or 2 single wheels shall not be fitted with –

(a)     a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply is fitted on its front axle; or

(b)     a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

(3)     Paragraph (2) does not apply to a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant or to a vehicle which has a maximum speed not exceeding 30 mph.

(4)     Save as provided in paragraph (5), pneumatic tyres fitted to –

(a)     the steerable axles of a wheeled vehicle; or

(b)     the driven axle of a wheeled vehicle, not being steerable axles,

shall all be of the same type of structure.

(5)     Paragraphs (1), (2) and (4) do not prohibit the fitting of a temporary use spare tyre to a wheel of a passenger vehicle (not being a bus).

(6)     In this Article –

“axle” includes –

(a)     2 or more sub axles which are fitted on opposite sides of the longitudinal axis of the vehicle so as to form –

(i)      a pair in the case of 2 stub axles, and

(ii)      pairs in the case of more than 2 stub axles; and

(b)     a single stub axle which is not one of a pair;

“bias-belted tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, and are constrained by a circumferential belt comprising 2 or more layers of substantially inextensible cord material laid at alternate angles smaller than those of the ply cord structure;

“diagonal-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at alternate angles of substantially less than 90 degrees to the peripheral line of the tread, but not being a bias-belted tyre;

“driven axle” means an axle through which power is transmitted from the engine of a vehicle to the wheels on that axle;

“radial-ply tyre” means a pneumatic tyre, the structure of which is such that the ply cords extend to the bead so as to be laid at an angle of substantially 90 degrees to the peripheral line of the tread, the ply cord structure being stabilized by a substantially inextensible circumferential belt;

“stub axle” means an axle on which only one wheel is mounted; and

“type of structure”, in relation to a tyre, means a type of structure of a tyre of a kind defined in this paragraph.

27      Condition and maintenance of tyres

(1)     Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if –

(a)     the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b)     the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c)     the tyre has a cut in excess of 25 mm or 10% of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;

(d)     the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;

(e)     the tyre has any of the ply or cord exposed;

(f)      the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;

(g)     either –

(i)      the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least ¾ of the breadth of the tread and round the entire outer circumference of the tyre, or

(ii)      if the grooves of the original tread pattern of the tyre did not extend beyond ¾ of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; or

(h)     the tyre is not maintained in such condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in the vehicle or to other persons using the road.

(2)     Paragraph (1) does not prohibit the use on a road of a motor vehicle or trailer by reason only of the fact that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which has any of the defects described in paragraph (1)(c), (d) or (e), if the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the motor vehicle or trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

(3)     Paragraph (1)(a) does not prohibit the use on a road of a passenger vehicle (not being a bus) by reason only of the fact that a wheel of the vehicle is fitted with a temporary use spare tyre.

(4)

(a)     Nothing in paragraph (1)(a) to (g) applies to –

(i)      an agricultural motor vehicle that is not driven at more than 20 mph,

(ii)      an agricultural trailer,

(iii)     an agricultural trailed appliance, or

(iv)     a broken-down vehicle or a vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a motor vehicle at a speed not exceeding 20 mph;

(b)     nothing in paragraph (1)(f) and (g) applies to –

(i)      a motor tricycle the unladen weight of which does not exceed 102 kg and which has a maximum speed of 12 mph, or

(ii)      a pedestrian-controlled works truck;

(c)     nothing in paragraph (1)(g) applies to a motor cycle with an engine capacity which does not exceed 50 cc;

(d)     paragraph (1)(f) and (g) shall not apply to the vehicles specified in sub-paragraph (e) but such vehicles shall comply with the requirements specified in sub-paragraph (f);

(e)     the vehicles mentioned in sub-paragraph (d) are –

(i)      passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver,

(ii)      goods vehicles with a maximum gross weight which does not exceed 3,500 kg, and

(iii)     light trailers not falling within clause (ii),

first used on or after 3rd January 1933;

(f)      the requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band comprising the central ¾ of the breadth of tread and round the entire outer circumference of the tyre.

(5)     A re-cut pneumatic tyre shall not be fitted to any wheel of a motor vehicle or trailer if –

(a)     its ply or cord has been cut or exposed by the re-cutting process; or

(b)     it has been wholly or partially re-cut in a pattern other than the manufacturer’s re-cut tread pattern.

(6)     (a) In this Article –

“breadth of tread” means the breadth of that part of the tyre which can contact the road under normal conditions of use measured at 90 degrees to the peripheral line of the tread;

“original tread pattern” means in the case of –

(i)      a re-treaded tyre, the tread pattern of the tyre immediately after the tyre was re-treaded,

(ii)      a wholly re-cut tyre, the manufacturer’s recut tread pattern,

(iii)     a partially recut tyre, on that part of the tyre which has been re-cut, the manufacturer’s re-cut tread pattern, and on the other part, the tread pattern of the tyre when new, and

(iv)     any other tyre, the tread patter of the tyre when the tyre was new;

“tie-bar” means any part of the tyre moulded in the tread pattern of the tyre for the purpose of bracing 2 or more features of such tread pattern;

“tread pattern” means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any –

(i)      tie bars or tread wear indicators,

(ii)      features which are designed to wear substantially before the rest of the pattern under normal conditions of use, and

(iii)     other minor features;

“tread wear indicator” means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between 2 or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern;

(b)     the references in paragraph (1)(g)(i) to grooves are references –

(i)      if a tyre has been re-cut, to the grooves of the manufacturer’s re-cut tread pattern; and

(ii)      if a tyre has not been re-cut, to the grooves which showed when the tyre was new;

(c)     a reference in this Article to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.

28      Tracks

(1)     Every part of every track of a track-laying vehicle which comes into contact with the road shall be flat and have a width of not less than 12.5 mm.

(2)     The area of the track which is in contact with the road shall not at any time be less than 225 cm2 in respect of every 1,000 kg of the total weight which is transferred to the road by the tracks.

(3)     The tracks of a vehicle shall not have any defect which might damage the road or cause damage to any person on or in the vehicle or using the road, and shall be properly adjusted and maintained in good and efficient working order.

D – STEERING

29      Maintenance of steering gear

All steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.

E – VISION

30      View to the front

(1)     Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.

(2)     Instead of complying with the requirement of paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643, 88/366, 90/630 or, in the case of an agricultural motor vehicle, 79/1073.

(3)     All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

31      Glass to be fitted to certain vehicles

(1)     This Article applies to a motor vehicle which is –

(a)     a wheeled vehicle, not being a caravan, first used before 1st June 1978;

(b)     a caravan first used before 1st September 1978; or

(c)     a track-laying vehicle.

(2)     The glass fitted to any window specified in an item in column 3 of the Table of a vehicle of a class specified in that item in column 2 shall be safety glass.

 

TABLE

(Article 31(2))

1

2

3

Item

Class of vehicle

Windows

1

Wheeled vehicles first used on or after 1st January 1959 being passenger vehicles or dual-purpose vehicles

Windscreens and all outside windows

2

Wheeled vehicles first used on or after 1st January 1959, being goods vehicles (other than dual-purpose vehicles) locomotives or motor tractors

Windscreens and all windows in front of and on either side of the driver’s seat

3

Wheeled vehicles not mentioned in item 1 or 2

Windscreens and windows facing to the front on the outside, except glass fitted to the upper decks of a double-decked vehicle

4

Track-laying vehicles

Windscreens and windows facing to the front

(3)     For the purposes of this Article any windscreen or window at the front of the vehicle the inner surface of which is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

(4)     In this Article and in Article 32 –

“caravan” means a trailer which is constructed (and not merely adapted) for human habitation;

“designated approval mark” means the marking designed as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 or 32 in Schedule 4 to those Regulations (those items being markings relating to Community Directive 92/22); and

“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.

(5)     Paragraph (2) does not apply to glass which is legally and permanently marked with a designated approval mark.

32      Glass to be fitted to other vehicles

(1)     This Article applies to –

(a)     a caravan first used on or after 1st September 1978; and

(b)     a wheeled motor vehicle and a wheeled trailer, not being a caravan, first used on or after 1st June 1978.

(2)     Save as provided in paragraphs (3) to (9) the windows specified in column 2 of Table 1 in relation to a vehicle of a class specified in that column shall be constructed of the material specified in column 3 of that Table.

 

TABLE 1

(Article 32(2))

1

2

3

Item

Window

Materials

1

Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to motor vehicles first used on or after 1st April 1985

Specified safety glass (1980)

2

Windscreens and other windows wholly or partly on either side of the driver’s seat fitted to a motor vehicle first used before 1st April 1985

Specified safety glass, or specified safety glass (1980)

3

All other windows

Specified safety glass, specified safety glass (1980), or safety glazing

(3)     The windscreens and all other windows of security vehicles or vehicles being used for police purposes shall not be subject to the requirements specified in paragraph (2), but shall be constructed of either safety glass or safety glazing.

(4)     The windscreens of motor cycles not equipped with an enclosed compartment for the driver or for a passenger shall not be subject to the requirements specified in paragraph (2), but shall be constructed of safety glazing.

(5)     Any windscreens or other windows which are wholly or partly in front of or on either side of the driver’s seat, and which are temporarily fitted to motor vehicles to replace any windscreens or other windows which have broken, shall –

(a)     be constructed of safety glazing; and

(b)     be fitted only while the vehicles are being driven or towed either to premises where new windscreens or other windows are to be permanently fitted to replace the windscreens or other windows which have broken, or to complete the journey in the course of which the breakage occurred.

(6)     Windows forming all or part of a screen or door in the interior of a bus first used on or after 1st April 1988, shall be constructed either of safety glazing or of specified safety glass (1980).

(7)     Windows being –

(a)     windows (other than windscreens) of motor vehicles being engineering plant, industrial tractors, agricultural motor vehicles (other than agricultural motor vehicles first used on or after 1st June 1986) and driven at more than 20 mph which are wholly or partly in front or on either side of the driver’s seat;

(b)     windows of the upper deck of a double-decked bus; or

(c)     windows in the roof of a vehicle,

shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(8)     In the case of motor vehicles and trailers which have not at any time been fitted with permanent windows and which are being driven or towed to a place where permanent windows are to be fitted, any temporary windscreens and any other temporary windows shall be constructed of either specified safety glass, specified safety glass (1980) or safety glazing.

(9)     No requirement in this Article that a windscreen or other window shall be constructed of specified safety glass or of specified safety glass (1980) shall apply to a windscreen or other window which is –

(a)     manufactured in France;

(b)     marked with a marking consisting of letters “TP GS” or “TP GSE”; and

(c)     fitted to a vehicle first used before 1st October 1986.

(10)    Save as provided in paragraph (11), the windscreens or other windows constructed in accordance with this Article of specified safety glass, specified safety glass (1980) or safety glazing and specified in column 3 of Table 2 in relation to a vehicle of a class specified in column 2 of that Table shall have a visual transmission for light of not less than the percentage specified in relation to those windows in column 4 when measured perpendicular to the surface in accordance with the procedure specified in a document specified in relation to those windows in column 5.

 

TABLE 2

(Article 32(10))

1

2

3

4

5

Item

Class of vehicles

Windows

Percentage

Documents specifying procedure

1

Motor vehicles first used before 1st April 1985

All
windows

70

British Standard Specification No. 857 or No. 5282

2

Motor vehicles first used on or after 1st April 1985 and trailers

(a)     Wind-screens

(b)     All other windows

75

 

70

The documents mentioned in sub-paragraph (a), (b) or (c) of the definition in paragraph (16) of “specified safety glass (1980)”

(11)    Paragraph (10) does not apply to –

(a)     any part of any windscreen which is outside the vision reference zone;

(b)     windows through which the driver when in the driver’s seat is unable at any time to see any part of the road on which the vehicle is waiting or proceeding;

(c)     windows in any motor ambulance which are not wholly or partly in front or on either side of any part of the driver’s seat; or

(d)     windows in any bus, goods vehicle, locomotive, or motor tractor other than windows which –

(i)      are wholly or partly in front of or on either side of any part of the driver’s seat,

(ii)      face the rear of the vehicle, or

(iii)     form the whole or part of a door giving access to or from the exterior of the vehicle.

(12)    For the purposes of this Article any window at the rear of the vehicle is deemed to face the rear of the vehicle if the inner surface of such window is at an angle exceeding 30 degrees to the longitudinal axis of the vehicle.

(13)    Paragraphs (2), (6), (7) and (8) do not apply to a window which is legibly and permanently marked with a designated approval mark.

(14)    Paragraph (10) does not apply to a window if –

(a)     it is a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark which does not comprise the Roman numeral “V” (other than as part of the combination “VI”); or

(b)     it is not a window to which paragraph (15) applies and is legibly and permanently marked with a designated approval mark.

(15)    This paragraph applies to a side or rear window if –

(a)     any part of it is on either side of or forward of the driver’s seat; or

(b)     any part of it within the driver’s indirect field of view obtained by means of the mirror or mirrors which are required to be fitted by Article 33 when such mirrors are properly adjusted;

and for the purposes of this paragraph a mirror shall not be regarded as being required to be fitted by Article 33 if, were it to be removed, the vehicle would nevertheless meet the requirements of Article 33.

(16)    In this Article, unless the context otherwise requires –

“British Standard Specification No. 857” means the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088;

“British Standard Specification No. 5282” means the British Standard Specification for Road Vehicle Safety Glass published in December 1975 under the number BS 5282 as amended by Amendment Slip No. 1 published on 31st March 1976 under the number AMD 1927, and as amended by Amendment Slip No. 2 published on 31st January 1977 under the number AMD 2185;

“British Standard Specification BS AU 178” means the British Standard Specification for Road Vehicle Safety Glass published on 28th November 1980 under the number BS AU 178;

“designated approval mark” means –

(a)     in relation to a windscreen, the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 31 in Schedule 4 to those Regulations; and

(b)     in relation to a window other than a windscreen, the markings designated as approval marks by regulation 5 of those Regulations and shown at item 32 in Schedule 4 to those Regulations;

“safety glazing” means material (other than glass) which is so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts;

“security vehicle” means a motor vehicle which is constructed (and not merely adapted) for the carriage of either –

(a)     persons who are likely to require protection from any criminal offence involving violence; or

(b)     dangerous substances, bullion, money, jewellery, documents or other goods or burden which, by reason of their nature or value, are likely to require protection from any criminal offence;

“specified safety glass” means glass complying with the requirements of either –

(a)     British Standard Specification No. 857 (including the requirements as to marking); or

(b)     British Standard Specification No. 5282 (including the requirements as to marking);

“specified safety glass (1980)” means glass complying with the requirements of either –

(a)     the British Standard Specification for Safety Glass for Land Transport published on 30th June 1967 under the number BS 857 as amended by Amendment Slip No. 1 published on 15th January 1973 under the number AMD 1088, Amendment Slip No. 2 published on 30th September 1980 under the number AMD 3402, Amendment Slip No. 4 published on 15th February 1981 under the number AMD 3548 (including the requirements as to markings);

(b)     British Standard Specification BS AU 178 (including the requirements as to marking); or

(c)     ECE Regulation 43 (including the requirements as to marking);

“vision reference zone” means either –

(a)     the primary vision area as defined in British Standard Specification No. 857;

(b)     Zone 1, as defined in British Standard Specification No. 5282;

(c)     Zone B (as regards passenger vehicles other than buses) and Zone 1 (as regards all other vehicles) as defined in British Standard Specification BS AU 178 and ECE Regulation 43; and

“windscreen” includes a windshield.

33      Mirrors

(1)     Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors, if any, as are specified in that item in column 3; and any mirror which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in column 4.

(2)     Save as provided in paragraph (5), each exterior mirror with which a vehicle is required to be fitted in accordance with item 2 or 6 of the Table shall, if the vehicle has a technically permissible maximum weight (as mentioned in Annex I to Community Directive 71/127) exceeding 3,500 kg, be a Class II mirror (as described in that Annex) and shall in any other case be a Class II or a Class III mirror (as described in that Annex).

(3)     Save as provided in paragraph (5), in the case of a wheeled motor vehicle described in item 1, 2, 7 or 8 of the Table which is first used on or after 1st April 1969 the edges of any mirror fitted internally shall be surrounded by some material such as will render it unlikely that severe cuts would be caused if the mirror or that material were struck by any occupant of the vehicle.

(4)     Save as provided in paragraph (5), in the case of a motor vehicle falling within paragraph (a) in column 4 of items 1 and 5, or within item 6, of the Table –

(a)     each mirror shall be fixed to the vehicle in such a way that it remains steady under normal driving conditions;

(b)     each exterior mirror on a vehicle fitted with windows and a windscreen shall be visible to the driver, when in the driver’s driving position, through a side window or through the portion of the windscreen which is swept by the windscreen wiper;

(c)     where the bottom edge of an exterior mirror is less than 2 m above the road surface when the vehicle is laden, that mirror shall not project more than 20 cm beyond the overall width of the vehicle or, in a case where the vehicle is drawing a trailer which has an overall width greater than that of the drawing vehicle, more than 20 cm beyond the overall width of the trailer;

(d)     each interior mirror shall be capable of being adjusted by the driver when in the driver’s driving position; and

(e)     except in the case of a mirror which, if knocked out of its alignment, can be returned to its former position without needing to be adjusted, each exterior mirror on the driver’s side of the vehicle shall be capable of being adjusted by the driver when in the driver’s driving position, but this requirement shall not prevent such a mirror from being locked into position from the outside of the vehicle.

 

TABLE

(Article 33(1))

1

2

3

4

Item

Class of vehicle

Mirrors to be fitted

Requirements to be complied with by any mirrors fitted

1

A motor vehicle which is –

(a)     drawing a trailer, if a person is carried on the trailer so that the person has an uninterrupted view to the rear and has an efficient means of communicating to the driver the effect of signals given by the drivers of other vehicles to the rear;

(b)(i)  a works truck;

          (ii)      a track-laying agricultural motor vehicle; and

          (iii)     a wheeled agricultural vehicle first used before 1st June 1978,

          if, in each case, the driver can easily obtain a view to the rear;

(c)     a pedestrian-controlled vehicle;

(d)     a chassis being driven from the place where it has been manufactured to the place where it is to receive a vehicle body; or

(e)     an agricultural motor vehicle which has an unladen weight exceeding 7370 kg and which –

          (i)      is a track-laying vehicle, or

          (ii)      is a wheeled vehicle first used before 1st June 1978

No requirements

(a)     if the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4);

(b)     in other cases, none, except as specified in paragraph (3)

2

A motor vehicle, not included in item 1, which is –

(a)     a wheeled locomotive or a wheeled motor tractor first used in either case on or after 1st June 1978;

(b)     an agricultural motor vehicle, not being a track-laying vehicle with an unladen weight not exceeding 7,370 kg (which falls in item 8) or a wheeled agricultural motor vehicle first used after 1st June 1986 which is driven at more than 20 mph (which falls in item (6)); or

(c)     a works truck

At least one mirror fitted externally on the offside

None except as specified in paragraphs (2) and (3)

3

A wheeled motor vehicle not included in item 1 first used on or after 1st April 1983 which is –

(a)     a bus; or

(b)     a goods vehicle with a maximum gross weight exceeding 3,500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 4

Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 6

Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01

4

A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988

Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01

Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01

5

A motor cycle with or without a sidecar attached

No requirement

(a)     if the vehicle is first used on or after 1st October 1978, item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 to 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4);

(b)     in other cases, none

6

A wheeled motor vehicle not in items 1 to 5, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978)

(i)      at least one mirror fitted externally on the offside of the vehicle, and

(ii)      at least one mirror fitted internally, unless a mirror so fitted would give the driver no view to the rear of the vehicle, and

(iii)     at least one mirror fitted externally on the nearside of the vehicle unless a mirror which gives the driver an adequate view to the rear is fitted internally

Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4)

7

A wheeled motor vehicle, not in items 1 to 5, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is –

(a)     a bus;

(b)     a dual-purpose vehicle; or

(c)     a goods vehicle

At least one mirror fitted externally on the offside of the vehicle and at least one mirror fitted either internally or externally on the nearside of the vehicle

None, except as specified in paragraph (3)

8

A motor vehicle, whether wheeled or track-laying, not in items 1 to 7

At least one mirror fitted internally or externally

None, except as specified in paragraph (3)

(5)     Instead of complying with paragraphs (1) to (4) a vehicle may comply –

(a)     if it is a goods vehicle with a maximum gross weight exceeding 3,500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205, 86,562 or 88/321 or ECE Regulation 46.01;

(b)     if it is a goods vehicle first used on or after 1st August 1989 –

(i)      in the case of a vehicle with maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg, with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01, and

(ii)      in the case of a vehicle with maximum gross weight exceeding 12,000 kg, with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(c)     if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;

(d)     if it is a motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and

(e)     if it is any other vehicle with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.

34      Windscreen wipers and washers

(1)     Subject to paragraphs (4) and (5), every vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.

(2)     Save as provided in paragraphs (3), (4) and (5), every wheeled vehicle required by paragraph (1) to be fitted with a wiper or wipers shall also be fitted with a windscreen washer capable of cleaning, in conjunction with the windscreen wiper, the area of the windscreen swept by the wiper, of mud or similar deposit.

(3)     The requirement specified in paragraph (2) does not apply in respect of –

(a)     an agricultural motor vehicle (other than a vehicle first used on or after 1st June 1986 which is driven at more than 20 mph);

(b)     a track-laying vehicle;

(c)     a vehicle having a maximum speed not exceeding 20 mph; or

(d)     a bus being used to provide a service licensed under the 1935 Law.

(4)     Instead of complying with paragraphs (1) and (2), a vehicle may comply with Community Directive 78/318.

(5)     Instead of complying with paragraph (1), an agricultural motor vehicle may comply with Community Directive 79/1073.

(6)     Every wiper and washer fitted in accordance with this Article shall at all times while a vehicle is being used on a road be maintained in efficient working order and be properly adjusted.

F – INSTRUMENTS AND EQUIPMENT

35      Speedometers

(1)     Save as provided in paragraphs (2) and (3), every motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch, separately.

(2)     Paragraph (1) does not apply to –

(a)     a vehicle having a maximum speed not exceeding 25 mph;

(b)     a vehicle which it is at all times unlawful to drive at more than 25 mph;

(c)     an agricultural motor vehicle which is not driven at more than 20 mph;

(d)     a motor cycle first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc;

(e)     an invalid carriage first used before 1st April 1984;

(f)      a works truck first used before 1st April 1984;

(g)     a vehicle first used before 1st October 1937; or

(h)     a vehicle equipped with recording equipment marked with a marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown in item 3 in Schedule 4 to those Regulations (whether or not the vehicle is required to be equipped with that equipment) and which, as regards the visual indications given by that equipment of the speed of the vehicle, complies with the requirements relating to the said indications and installations specified in the Community Recording Equipment Regulation.

(3)     Instead of complying with paragraph (1), a vehicle may comply with Community Directive 75/443 or with ECE Regulation 39.

36      Maintenance of speedometers

(1)     Every instrument for indicating speed fitted to a motor vehicle –

(a)     in compliance with the requirements of Article 35(1) or(3); or

(b)     to which Article 35(2)(h) relates and which is not, under the Community Recording Equipment Regulation, required to be equipped with the recording equipment mentioned in that paragraph,

shall be kept free from any obstruction which might prevent its being easily read and shall at all material times be maintained in good working order.

(2)     In this Article “all material times” means all times when the motor vehicle is in use on a road except when –

(a)     the vehicle is being used on a journey during which, as a result of a defect, the instrument ceased to be in good working order; or

(b)     as a result of a defect, the instrument has ceased to be in good working order and steps have been taken to have the vehicle equipped with all reasonable expedition, by means of repairs or replacement, with an instrument which is in good working order.

37      Audible warning instruments

(1)

(a)     Subject to sub-paragraph (b), every motor vehicle which has a maximum speed of more than 20 mph shall be fitted with a horn, not being a reversing alarm or a 2-tone horn.

(b)     Sub-paragraph (a) shall not apply to an agricultural motor vehicle, unless it is being driven at more than 20 mph.

(2)     Subject to paragraph (6), the sound emitted by any horn, other than a reversing alarm or a 2-tone horn, fitted to a wheeled vehicle first used on or after 1st August 1973 shall be continuous and uniform and not strident.

(3)     A reversing alarm fitted to a wheeled vehicle shall not be strident.

(4)     Subject to paragraphs (5), (6) and (7), no motor vehicle shall be fitted with a bell, gong, siren or 2-tone horn.

(5)     The provisions of paragraph (4) shall not apply to motor vehicles –

(a)     used for the purposes of the Fire and Rescue Service or the Jersey Coastguard service or for ambulance or police purposes;

(b)     authorized by the Minister and used for the purposes of the disposal of bombs or explosives;

(c)     owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats.[7]

(6)     The provisions of paragraphs (2) and (4) shall not apply so as to make it unlawful for a motor vehicle to be fitted with an instrument or apparatus (not being a 2-tone horn) designed to emit a sound for the purpose of informing members of the public that goods are on the vehicle for sale.

(7)     Subject to paragraph (8), the provisions of paragraph (4) shall not apply so as to make it unlawful for a vehicle to be fitted with a bell, gong or siren –

(a)     if the purpose thereof is to prevent theft or attempted theft of the vehicle or its contents; or

(b)     in the case of a bus, if the purpose thereof is to summon help for the driver, the conductor or an inspector.

(8)     Every bell, gong or siren fitted to a vehicle by virtue of paragraph (7)(a), and every device fitted to a motor vehicle first used on or after 1st October 1982 so as to cause a horn to sound for the purpose mentioned in paragraph (7)(a), shall be fitted with a device designed to stop the bell, gong or siren emitting noise for a continuous period of more than 5 minutes; and every such device shall at all times be maintained in good working order.

(9)     Instead of complying with paragraphs (1), (2) and (4) to (8), a vehicle may comply with Community Directive 70/388 or ECE Regulation 28 or, if the vehicle is an agricultural motor vehicle, with Community Directive 74/151.

(10)    In this Article and in Article 105 –

(a)     “horn” means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted;

(b)     references to a bell, gong or siren include references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell, gong or siren;

(c)     “reversing alarm” means a device fitted to a motor vehicle and designed to warn persons that the vehicle is reversing or is about to reverse; and

(d)     “2-tone horn” means an instrument which, when operated automatically, produces a sound which alternates at regular intervals between 2 fixed notes.

38      Motor cycle sidestands

(1)     No motor cycle first used on or after 1st April 1986 shall be fitted with any sidestand which is capable of –

(a)     disturbing the stability or direction of the motor cycle when it is in motion under its own power; or

(b)     closing automatically if the angle of the inclination of the motor cycle is inadvertently altered when it is stationary.

(2)     In this Article, “sidestand” means a device fitted to a motor cycle which, when fully extended or pivoted to its open position, supports the vehicle from one side only and so that both the wheels of the motor cycle are on the ground.

G – FUEL

39      Fuel tanks

(1)     This Article applies to every fuel tank which is fitted to a wheeled vehicle for the purpose of supplying fuel to the propulsion unit or to an ancillary engine or to any other equipment forming part of the vehicle.

(2)     Subject to paragraphs (3), (4) and (5), every fuel tank to which this Article applies –

(a)     shall be constructed and maintained so that the leakage of any liquid from the tank is adequately prevented;

(b)     shall be constructed and maintained so that the leakage of vapour from the tank is adequately prevented; and

(c)     if it contains petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928 of the United Kingdom) and is fitted to a vehicle first used on or after 1st July 1973, shall be –

(i)      made only of metal, and

(ii)      fixed in such a position and so maintained as to be reasonably secure from damage.

(3)     Notwithstanding the requirement of paragraph (2)(b), the fuel tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.

(4)     Paragraph (2)(c)(i) shall not have effect in relation to a motor cycle (with or without a side-car) first used on or after 1st February 1993.

(5)     Instead of complying with the requirements of paragraphs (2) and (3) as to construction, a vehicle may comply with the requirements of Community Directive 70/221 (insofar as they relate to fuel tanks) or ECE Regulation 34 or 34.01 or, if the vehicle is an agricultural motor vehicle, of Community Directive 74/151.

40      Vehicles designed and constructed to run on unleaded petrol

(1)     Every vehicle to which this Article applies shall be designed and constructed for running on unleaded petrol.

(2)     No person shall use or cause or permit to be used a vehicle to which this Article applies on a road if it –

(a)     has been deliberately altered or adjusted for running on leaded petrol; and

(b)     as a direct result of such alteration or adjustment it is incapable of running on unleaded petrol.

(3)     Subject to paragraph (4), this Article applies to every motor vehicle which is –

(a)     propelled by a spark ignition engine which is capable of running on petrol; and

(b)     first used on or after 1st April 1991.

(4)     Part 1 of Schedule 3 shall have effect for the purpose of excluding certain vehicles first used before specified dates from the application of this Article.

(5)     In this Article “petrol”, “leaded petrol” and “unleaded petrol” have the same meaning as in Community Directive 85/210.

(6)     A vehicle shall be regarded for the purposes of this Article as incapable of running on unleaded petrol at any particular time if and only if in its state of adjustment at that time prolonged continuous running on such petrol would damage the engine.

41      Dimension of fuel tanks for purposes of filling

(1)     Subject to paragraph (2), every fuel tank fitted to a vehicle to which Article 40 applies shall be so constructed and fitted that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of 23.6 mm or greater without the aid of a device (such as a funnel) not fitted to the vehicle.

(2)     Paragraph (1) does not apply to a vehicle in respect of which both of the following conditions are satisfied, that is to say –

(a)     that at the time of its first use the vehicle is so designed and constructed that prolonged continuous running on leaded petrol would not cause any device designed to control the emission of carbon monoxide, hydrocarbons or nitrogen oxides to malfunction; and

(b)     that it is conspicuously and legibly marked in a position immediately visible to a person filling the fuel tank with –

(i)      the word “UNLEADED”, or

(ii)      the symbol shown in Part 2 of Schedule 3.

(3)     In this Article “fuel tank”, in relation to a vehicle, means a fuel tank used in connection with propulsion of the vehicle.

42      Gas propulsion systems and gas-fired appliances

(1)     A vehicle which is –

(a)     a motor vehicle which first used gas as a fuel for its propulsion before 19th November 1982; or

(b)     a trailer manufactured before 19th November 1982 to which there is fitted a gas container,

shall be so constructed that it complies with Schedule 4 or with Schedule 5.

(2)     A vehicle which is –

(a)     a motor vehicle which first used gas as a fuel for its propulsion on or after 19th November 1982; or

(b)     a motor vehicle first used on or after 1st May 1984 or a trailer manufactured on or after 19th November 1982 which is in either case equipped with a gas container or a gas-fired appliance,

shall comply with Schedule 5.

(3)     In this Article, “gas container” has the meaning given in Schedule 4 where compliance with that Schedule is concerned and otherwise has the meaning given in Schedule 5.

H – MINIBUSES

43      Minibuses

The requirements specified in Schedule 6 shall apply to every minibus first used on or after 1st April 1988 except a vehicle –

(a)     manufactured by Land Rover U.K. Limited and known as the Land Rover; or

(b)     constructed or adapted for the secure transport of prisoners.

44      Fire extinguishing apparatus

(1)     No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries suitable and efficient apparatus for extinguishing fire which is of a type specified in Part 1 of Schedule 7.

(2)     The apparatus referred to in paragraph (1) shall be –

(a)     readily available for use;

(b)     clearly marked with the appropriate British Standards Institution specification number; and

(c)     maintained in good and efficient working order.

(3)     This Article does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

45      First aid equipment

(1)     No person shall use, or cause or permit to be used, on a road a minibus first used on or after 1st April 1988 unless it carries a receptacle which contains the items specified in Part 2 of Schedule 7.

(2)     The receptacle referred to in paragraph (1) shall be –

(a)     maintained in a good condition;

(b)     suitable for the purpose of keeping the items referred to in the said paragraph in good condition;

(c)     readily available for use; and

(d)     prominently marked as a first aid receptacle.

(3)     The item referred to in paragraph (1) shall be maintained in good condition and shall be of a good and reliable quality and of a suitable design.

(4)     This Article does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

46      Carriage of dangerous substances

(1)     Save as provided in paragraph (2), no person shall use or cause or permit to be used on a road a minibus by which any highly inflammable or otherwise dangerous substance is carried unless that substance is carried in containers so designed and constructed, and unless the substance is so packed, that, notwithstanding an accident to the vehicle, it is unlikely that damage to the vehicle or injury to passengers in the vehicle will be caused by the substance.

(2)     Paragraph (1) shall not apply in relation to the electrolyte of a battery installed in an electric wheelchair provided that the wheelchair is securely fixed to the vehicle.

(3)     This Article does not apply to a vehicle manufactured by Land Rover U.K. Limited and known as the Land Rover.

I – POWER TO WEIGHT RATIO

47      Power to weight ratio

(1)     Save as provided in paragraph (2), every wheeled vehicle which is propelled by a compression ignition engine and which is required to be equipped with a plate by Article 73(1) shall be so constructed that the power of its engine, calculated in accordance with paragraph 1 of Part 3 of Schedule 10, is at least 4.4 kW for every 1,000 kg of the relevant weight.

(2)     Paragraph (1) does not apply to –

(a)     a heavy motor car or motor car first used before 1st April 1973;

(b)     a vehicle manufactured before 1st April 1973 and powered by a Perkins 6.354 engine; or

(c)     a bus.

(3)     Every vehicle to which this Article applies shall –

(a)     if it is equipped with machinery or apparatus forming part of the vehicle or mounted on it and used for purposes not connected with the driving of the vehicle;

(b)     if that machinery or apparatus is designed for use or is likely to be used, when the vehicle is in motion on a road at a speed exceeding 5 mph; and

(c)     if the power absorbed by that use is provided by the engine propelling the vehicle,

be so constructed that, when the machinery or apparatus is being used, the power of the engine remaining available to drive the vehicle is at least 4.4 kW for every 1,000 kg of the relevant weight.

(4)     In this Article “relevant weight” means –

(a)     if the vehicle is equipped with a plate in accordance with Article 73(2)(a), the maximum train weight shown at item 8 on that plate or, if no such weight is shown, the maximum gross weight in Jersey shown at item 10 on that plate; or

(b)     if the vehicle is equipped with a plate in accordance with Article 73(2)(b) and –

(i)      is constructed to draw a trailer, the higher of the weights referred to in column 3 in item 2.1.5 in the Table in Article 73, or

(ii)      is not constructed to draw a trailer, the higher of the weights for motor vehicles referred to in columns 3 and 4 in item 2.1.4 in the Table in Article 73.

J – PROTECTIVE SYSTEMS

48      Seat belt anchorage points

(1)     Save as provided by paragraph (2), this Article applies to –

(a)     every wheeled motor car first used on or after 1st January 1967;

(b)     every motor tricycle the unladen weight of which exceeds 255 kg and which was first used on or after 1st September 1970; and

(c)     every heavy motor car first used on or after 1st October 1988.

(2)     This Article does not apply to –

(a)     a goods vehicle (other than a dual-purpose vehicle) which was first used –

(i)      before 1st April 1967, or

(ii)      on or after 1st April 1980 and before 1st October 1988 and has a maximum gross weight exceeding 3,500 kg, or

(iii)     before 1st April 1980 or, if the vehicle is of a model manufactured before 1st October 1979, was first used before 1st April 1982 and, in either case, has an unladen weight exceeding 1525 kg;

(b)     a bus being –

(i)      a minibus –

(A)    if first used before 1st October 1988, constructed or adapted to carry more than 12 passengers, or

(B)     if first used on or after 1st October 1988, having a maximum gross weight exceeding 3,500 kg, or

(ii)      a large bus (other than a coach first used on or after 1st October 1988);

(c)     an agricultural motor vehicle;

(d)     a motor tractor;

(e)     a works truck;

(f)      an electrically-propelled goods vehicle first used before 1st October 1988;

(g)     a pedestrian-controlled vehicle;

(h)     a vehicle which has been used on roads outside Jersey and has been imported into Jersey whilst it is being driven from a port where it has arrived in Jersey to a place of residence of the owner or driver of the vehicle, or from any such place to a place where, by previous arrangement, it will be provided with such anchorage points as are required by this Article and such seat belts as are required by Article 49;

(i)      a vehicle having a maximum speed not exceeding 16 mph;

(j)      a locomotive.

(3)     A vehicle which was first used before 1st April 1982 shall be equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for the driver’s seat and specified passenger’s seat (if any).

(4)     Save as provided in paragraph (5) or (6), a vehicle which is first used on or after 1st April 1982 shall be equipped with anchorage points which –

(a)     are designed to hold securely in position on the vehicle seat belts for –

(i)      in the case of a minibus, motor ambulance or a motor caravan –

(A)    if first used before 1st October 1988, the driver’s seat and the specified passenger’s seat (if any), or

(B)     if first used on or after 1st October 1988, the driver’s seat and any forward-facing front seat, and

(ii)      in the case of any other passenger or dual-purpose vehicle, every forward-facing seat constructed or adapted to accommodate one adult,

(iii)     in every other case, every forward-facing front seat and every non-protected seat; and

(b)     comply with the technical and installation requirements of Community Directive 76/115 or 81/575 or 82/318 or 90/629 or ECE Regulation 14, 14.01, 14.02 or 14.03 whether or not those instruments apply to the vehicle, so however, that the requirements in those instruments which relate to testing shall not apply.

(5)     The requirements specified in paragraph (4) shall not apply to –

(a)     a goods vehicle first used on or after 1st October 1988 but before 1st October 2001 and having a maximum gross weight exceeding 3500 kg, but any such vehicle must be equipped with 2 or 3 anchorage points designed to hold securely in position seat belts for the driver’s seat and each forward-facing front seat;

(aa)    a goods vehicle first used on or after 1st October 2001 and having a maximum gross weight exceeding 3500 kg, but any such vehicle must be equipped with anchorage points which –

(i)      are designed to hold securely in position on the vehicle seat belts for each forward-facing front seat, and

(ii)      comply with the technical and installation requirements of Community Directive 96/38 or ECE Regulation 14.04 or 14.05; or

(b)     a coach equipped with anchorage points which are designed to hold securely in position on the vehicle seat belts for all exposed forward-facing seats and which –

(i)      comply with the requirements in paragraph (4)(b), or

(ii)      in any case where the anchorage points form part of a seat, do not when a forward horizontal force is applied to them become detached from the seat of which they form part before that seat becomes detached from the vehicle.[8]

(6)     Instead of complying with the requirements in paragraph (4), a vehicle may comply with –

(a)     Community Directive 76/115 or 81/575 or 82/318 or 90/629;

(b)     ECE Regulation 14, 14.01, 14.02 or 14.03.

(7)     Save as provided in paragraph (8), a vehicle of a type mentioned in paragraphs (4), (5) and (6) which is fitted with anchorage points other than those required by those paragraphs shall comply with the requirements in paragraph (4)(b), or in the case of a coach the requirements in paragraph (5)(b)(ii), in respect of any additional anchorage points as well as in respect of the anchorage points required by paragraph (4), (5) or (6) to be provided.

(8)     The requirements in paragraph (7) shall not apply in respect of any additional anchorage points first fitted before 1st April 1986, in the case of a vehicle of a type mentioned in paragraph (4)(a)(i)(A), or before 1st October 1988 in the case of a vehicle of any other type.

(9)     In this Article –

(a)     the expressions “exposed forward-facing seat”, “forward-facing seat”, “forward-facing front seat”, “lap belt”, “seat belt” and “specified passenger’s seat” have the same meaning as in Article 49(11);

(b)     a seat is a “non-protected seat” if it is not a front seat and the screen zones within the protected area have a combined surface area of less than 800 cm2; and

(c)     “screen zone” and “protected area”, in relation to a seat, shall be construed in accordance with paragraph 4.3.3 of Annex I to Community Directive 81/575.

49      Seat belts

(1)     This Article applies to every vehicle to which Article 48 applies.

(2)     Save as provided in paragraph (4), a vehicle to which –

(a)     this Article applies which was first used before 1st April 1981 shall be provided with –

(i)      a body-restraining belt, designed for use by an adult, for the driver’s seat, and

(ii)      a body-restraining belt for the specified passenger’s seat (if any);

(b)     this Article applies which is first used on or after 1st April 1981 shall be provided with 3-point belts for the driver’s seat and for the specified passenger’s seat (if any);

(c)     Article 48(4)(a)(ii) or (iii) apply which is first used on or after 1st April 1987 shall be fitted with seat belts additional to those required by sub-paragraph (b) as follows –

(i)      for any forward-facing front seat alongside the driver’s seat, not being a specified passenger’s seat, a seat belt which is a 3-point belt, or a lap belt installed in accordance with paragraph 3.1.2.1 of Annex 1 to Community Directive 77/541 or a disabled person’s belt,

(ii)      in the case of a passenger or dual-purpose vehicle having not more than 2 forward-facing seats behind the driver’s seat with either –

(A)    an inertia reel belt for at least one of those seats; or

(B)     a 3-point belt, a lap belt, a disabled person’s belt or a child restraint for each of those seats,

(iii)     in the case of a passenger or dual-purpose vehicle having more than 2 forward-facing seats behind the driver’s seat, with either –

(A)    an inertia reel belt for one of those seats being an outboard seat and a 3-point belt, a lap belt, a disabled person’s belt or a child restraint for at least one other of those seats,

(B)     a 3-point belt for one of those seats and either a child restraint or a disabled person’s belt for at least one other of those seats, or

(C)     a 3-point belt, a lap belt, a disabled person’s belt or a child restraint for each of those seats;

(d)     Article 48(4)(a)(i)(B) applies shall be fitted with seat belts as follows –

(i)      for the driver’s seat and the specified passenger’s seat (if any) a 3-point belt, and

(ii)      for any forward-facing front seat which is not a specified passenger’s seat, a 3-point belt or a lap belt installed in accordance with the provisions of sub-paragraph (c)(i);

(e)     Article 48(5)(b) applies shall be equipped with seat belts which shall be 3-point belts, lap belts or disabled person’s belts;

(f)      Article 48(5)(aa) applies shall be fitted with seat belts as follows –

(i)      for the driver’s seat with a 3-point belt or a lap belt, and

(ii)      for any forward-facing front seat –

(A)    a 3-point belt,

(B)     a lap belt installed in accordance with paragraph 3.1.2 of Annex 1 to Community Directive 77/541 (having regard to Articles 4 and 19 of Council Regulation (EC) No 661/2009 of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200 p.1), or

(C)     a disabled person’s belt.

Where a lap belt is fitted to a forward-facing front seat of a minibus, a motor ambulance or a motor caravan, or to an exposed forward-facing seat (other than the driver’s seat or any crew seat) of a coach either –

(i)      there shall be provided padding to a depth of not less than 50 mm, on that part of the surface or edge of any bar, or the top or edge of any screen or partition, which would be likely to be struck by the head of a passenger wearing the lap belt in the event of an accident, or

(ii)      the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met, in respect of any such bar, screen or partition,

but nothing in sub-paragraph (i) shall require padding to be provided on any surface more than 1 m from the centre of the line of intersection of the seat cushion and the back rest or more than 150 mm on either side of the longitudinal vertical plane which passes through the centre of that line, nor shall it require padding to be provided on any instrument panel of a minibus.[9]

(3)     Every seat belt for an adult, other than a disabled person’s belt, provided for a vehicle in accordance with paragraph (2)(b), (c), (d) or (e) shall, except as provided in paragraph (6), comply with the installation requirements specified in paragraph 3.2.2 to 3.3.4 of Annex 1 to Community Directive 77/541 or 82/319 or 90/628 whether or not those Directives apply to the vehicle.

(4)     The requirements specified in paragraph (2) do not apply –

(a)     to a vehicle while it is being used under a trade licence within the meaning of Article 8 of the 1993 Law;

(b)     to a vehicle, not being a vehicle to which the Type Approval (Great Britain) Regulations apply, while it is being driven from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles –

(i)      to premises of a distributor of or dealer in vehicles or of the purchaser of the vehicle, or

(ii)      to premises of a person obtaining possession of the vehicle under a hiring agreement or a hire-purchase agreement;

(c)     in relation to any seat for which there is provided –

(i)      a seat belt which bears a mark including the specification number of the British Standard for Passive Belt Systems, namely BS AU 183: 1983 and including the registered certification trade mark of the British Standards Institution,

(ii)      a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps which bears a British Standard mark or a mark including the specification number for the British Standard for Seat Belt Assemblies for Motor Vehicles, namely BS AU 3254: 1960 or BS AU 3254: Part 1: 1988 and including the registered certification trade mark of the British Standards Institution, or the marking designated as an Approval Mark by Regulation 4 of the Approval Marks Regulations and shown at item 16 or 16A in Schedule 2 to those Regulations,

(iii)     a seat belt which satisfies the requirements of a standard corresponding to the British Standard referred to in clause (i), or

(iv)     a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps and which satisfies the requirements of a standard corresponding to any of the British Standards referred to in clause (ii);

(d)     in relation to the driver’s seat or the specified passenger’s seat (if any) of a vehicle which has been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability, in a case where a disabled person’s belt for an adult person is provided for use for that seat;

(e)     to a vehicle to which Article 48(5)(a) applies.

(5)     Every seat belt provided in pursuance of paragraph (2) shall be properly secured to the anchorage points provided for it in accordance with Article 48, or, in the case of a child restraint, to anchorages specially provided for it or, in the case of a disabled person’s belt, secured to the vehicle or to the seat which is being occupied by the person wearing the belt.

(6)     Paragraph (3), in so far as it relates to the second paragraph of paragraph 3.3.2 of the Annex there mentioned (which concerns the locking or releasing of a seat belt by a single movement) does not apply in respect of a seat belt fitted for –

(a)     a seat which is treated as a specified passenger’s seat by virtue of the provisions of sub-paragraph (b) in the definition of “specified passenger’s seat” in paragraph (11); or

(b)     any forward facing seat for a passenger alongside the driver’s seat of a goods vehicle which has an unladen weight of more than 915 kg and has more than one such seat, any such seats for passengers being joined together in a single structure; or

(c)     any seat (other than the driver’s seat) fitted to a coach.

(7)     Every seat belt, other than a disabled person’s seat belt or a seat belt of a kind mentioned in paragraph (4)(c)(i) and (ii), provided for any person in a vehicle to which this Article applies shall be legibly and permanently marked –

(a)     with a British standard mark or a designated approval mark; or

(b)     with an EC Component Type-Approval Mark complying with Annex III to Community Directive 2000/3:

Provided this paragraph shall not operate so as to invalidate the exception permitted in paragraph (6).[10]

(8)     Paragraph (7) does not apply to –

(a)     a seat belt for an adult that satisfies the requirements of a standard corresponding to either of the British Standards referred to in sub-paragraph (a)(i) of the definition of “British Standard mark” in paragraph (11); or

(b)     a child restraint that satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (a)(ii) of that definition.

(9)     For the purpose of this Article a reference to a standard corresponding to a specified British Standard is a reference to –

(a)     a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b)     any international standard recognized for use as a standard by any EEA State; or

(c)     a technical specification recognized for use as a standard by a public authority of any EEA State,

where the standard, code of practice, international standard or technical specification provides in relation to seat belts, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the marking of seat belts equivalent to that provided by the British Standard.

(10)    For the purposes of paragraph (9) –

(a)     “EEA State” means a State which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the state of Liechtenstein; and

(b)     “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

(11)    In this Article –

“body-restraining belt” means a seat belt designed to provide restraint for both the upper and lower parts of the trunk of the wearer in the event of an accident to the vehicle;

“British Standard Mark” means a mark consisting of –

(a)     the specification number of one of the following British Standards for Seat Belt Assemblies for Motor Vehicles, namely –

(i)      if it is a seat belt for an adult, BS 3254: 1960 and BS 3254: Part 1: 1988, or

(ii)      if it is a child restraint, BS 3254: 1960, or BS 3254: 1960 as amended by Amendment No. 16 published on 31st July 1986 under the number AMD 5210, BS 3254: Part 2: 1988 or BS 3254: Part 2: 1991, BS AU 185, BS AU 186 or 186a, BS AU 202, BS AU 202a or BS AU 202b; and, in either case;

(b)     the registered certification trade mark of the British Standards Institution;

“child restraint” means a seat belt for the use of a young person which is designed either to be fitted directly to a suitable anchorage or to be used in conjunction with a seat belt for an adult and held in place by the restraining action of that belt:

Provided that for the purposes of paragraph (2)(c)(ii)(B) and (c)(iii), it means only such seat belts fitted directly to a suitable anchorage and excludes belts marked with the specification numbers BS AU 185 and BS AU 186 or 186a;

“crew seat” has the same meaning as in Regulation 3(1) of the Public Service Vehicles (Conditions of Fitness Equipment, Use and Certification) Regulations 1981 of the United Kingdom;

“designated approval mark” means –

(a)     if it is a seat belt other than a child restraint, the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at items 16 and 16A of Schedule 2 to those Regulations or the marking designated as an approval mark by regulation 5 of those Regulations and shown at item 23, 23A and 23B in Schedule 4 to those Regulations; and

(b)     if it is a child restraint, any of the markings designated as approval marks by regulation 4 of those Regulations and shown at items 44, 44A, 44B and 44C in Schedule 2 to those Regulations;

“disabled person’s belt” means a seat belt which has been specially designed or adapted for use by an adult or young person suffering from some physical defect or disability and which is intended for use solely by such a person;

“exposed forward-facing seat” means –

(a)     a forward-facing front seat (including any crew seat) and the driver’s seat; and

(b)     any other forward-facing seat which is not immediately behind and on the same horizontal plane as a forward-facing high-backed seat;

“forward-facing seat” means a seat which is attached to a vehicle so that it faces towards the front of the vehicle in such a manner that a line passing through the centre of both the front and the back of the seat is at an angle of 30° or less to the longitudinal axis of the vehicle;

“forward-facing front seat” means –

(a)     any forward-facing seat alongside the driver’s seat; or

(b)     if the vehicle normally has no seat which is a forward-facing front seat under sub-paragraph (a) of this definition, each forward-facing seat for a passenger which is foremost in the vehicle;

“forward-facing high-backed seat” means a forward-facing seat which is also a high-backed seat;

“high-backed seat” means a seat the highest part of which is at least 1 metre above the deck of the vehicle;

“inertia reel belt” means a 3-point belt of either of the types required for a front outboard seating position by paragraph 3.1.1 of Annex 1 to Community Directive 77/541;

“lap belt” means a seat belt which passes across the front of the wearer’s pelvic region and which is designed for use by an adult;

“seat” includes any part designed for the accommodation of one adult of a continuous seat designed for the accommodation of more than one adult;

“seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle and includes, in the case of a child restraint, any special chair to which the belt is attached;

“specified passenger’s seat” means –

(a)     in the case of a vehicle which has one forward-facing front seat alongside the driver’s seat, that seat, and in the case of a vehicle which has more than one such seat, the one furthest from the driver’s seat; or

(b)     if the vehicle normally has no seat which is the specified passenger’s seat under sub-paragraph (a) of this definition the forward-facing front seat for a passenger which is the foremost in the vehicle and furthest from the driver’s seat, unless there is a fixed partition separating that seat from the space in front of it along-side the driver’s seat; and

“3-point belt” means a seat belt which –

(a)     restrains the upper and lower parts of the torso;

(b)     includes a lap belt;

(c)     is anchored at not less than 3 points; and

(d)     is designed for use by an adult.[11]

50      Maintenance of seat belts and anchorage points

(1)     This Article applies to every seat belt with which a motor vehicle is required to be provided in accordance with Article 49 and to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of every such seat belt and also to every anchorage with which a goods vehicle is required to be provided in accordance with Article 48(5)(a) or (5)(aa).[12]

(2)     For the purposes of this Article the anchorages and anchorage points of a seat belt shall, in the case of a seat which incorporates integral seat belt anchorages, include the system by which the seat assembly itself is secured to the vehicle structure.

(3)     The anchorage points provided for seat belts shall be used only as anchorages for the seat belts for which they are intended to be used or capable of being used.

(4)     Save as provided in paragraph (5) –

(a)     all load-bearing members of the vehicle structure or panelling within 30 cms of each anchorage point shall be maintained in a sound condition and free from serious corrosion, distortion or fracture;

(b)     the adjusting device and (if fitted) the retracting mechanism of the seat belt shall be so maintained that the belt may be readily adjusted to the body of the wearer, either automatically or manually, according to the design of the device and (if fitted) the retracting mechanism;

(c)     the seat belt and its anchorages, fastenings and adjusting device shall be maintained free from any obvious defect which would be likely to affect adversely the performance by the seat belt of the function of restraining the body of the wearer in the event of an accident to the vehicle;

(d)     the buckle or other fastening of the seat belt shall –

(i)      be so maintained that the belt can be readily fastened or unfastened,

(ii)      be kept free from any temporary or permanent obstruction, and

(iii)     except in the case of a disabled person’s seat belt, be readily accessible to a person sitting in the seat for which the seat belt is provided;

(e)     the webbing or other material which forms the seat belt shall be maintained free from cuts or other visible faults (as, for example, extensive fraying) which would be likely to affect adversely the performance of the belt when under stress;

(f)      the ends of every seat belt, other than a disabled person’s seat belt, shall be securely fastened to the anchorage points provided for them; and

(g)     the ends of every disabled person’s seat belt shall, when the seat belt is being used for the purpose for which it was designed and constructed, be securely fastened either to some part of the structure of the vehicle or to the seat which is being occupied by the person wearing the belt so that the body of the person wearing the belt would be restrained in the event of an accident to the vehicle.

(5)     No requirement specified in paragraph (4) applies if the vehicle is being used –

(a)     on a journey after the start of which the requirement ceased to be complied with; or

(b)     after the requirement ceased to be complied with and steps have been taken for such compliance to be restored with all reasonable expedition.

(6)     Expressions which are used in this Article and are defined in Article 49 have the same meaning in this Article as they have in Article 49.

51      Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances

(1)     No person shall use or cause or permit to be used on a road a coach or minibus wholly or mainly for the purpose of carrying a group of 3 or more children in the following circumstances unless the appropriate number of forward-facing passenger seats fitted to the vehicle meet the requirements of this Article.

(2)     The circumstances are that –

(a)     the group of children are on an organized trip; and

(b)     the journey is being made for the purposes of the trip.

(3)     In paragraph (1), the reference to the appropriate number is a reference to the number of children being carried in the vehicle (excluding disabled children in wheelchairs).

(4)     Without prejudice to the generality of paragraph (2)(a), a group of children shall, for the purposes of this Article, be regarded as being on an organized trip if they are being carried to or from their school or from one part of their school premises to another.

(5)     Without prejudice to the meaning of paragraph (2)(b), paragraph (1) shall not apply to a vehicle if it is being used wholly or mainly for the purpose of providing a transport service for the general public.

(6)     For a forward-facing passenger seat to meet the requirements of this Article a seat belt must be provided for it, and –

(a)     if Article 49(3) does not (in whole or part) apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1999, the seat belt must comply with that paragraph to the extent (if any) that it would have to so comply were –

(i)      that Article to apply to all motor vehicles, and

(ii)      there substituted for the words “provided” to “or (e)”, in that paragraph, the words “provided for any person in a vehicle to which this Article applies”;

(b)     if Article 49(5) does not apply to the seat belt and the seat belt is a seat belt for an adult (not being a disabled person’s belt) that was first fitted to the vehicle after 10th February 1999, the seat belt must comply with the requirements specified in paragraph (7);

(c)     if Article 49(5) does not apply to the seat belt and the seat belt is a child restraint that was first fitted to the vehicle after 10th February 1999, the seat belt must be properly secured to anchorages provided for it;

(d)     if Article 49(5) does not apply to the seat belt and the seat belt is a disabled person’s belt that was first fitted to the vehicle after 10th February 1999, the seat belt must be properly secured to the vehicle or to the seat;

(e)     if Article 49 does not apply to the vehicle and the seat belt was first fitted to the vehicle after 10th February 1999, the seat belt must comply with paragraph (7) of that Article to the extent (if any) that it would have to so comply were that Article to apply to all motor vehicles; and

(f)      if Article 50 does not apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1999, the requirements of paragraph (4) of that Article must be met in relation to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of the seat belt to the extent (if any) that those requirements would have to be met were that paragraph to apply to all anchorages, fastenings, adjusting devices and retracting mechanisms of seat belts fitted to motor vehicles,

and Article 50(2) shall apply for the purposes of sub-paragraph (f) as it applies for the purposes of that Article.

(7)     The requirements referred to in paragraph (6)(b) are that the seat belt must be properly secured to the anchorage points provided for it and, in a case where any of those anchorage points is first fitted to the vehicle after 10th February 1999 the anchorage points to which it is secured must comply –

(a)     if the vehicle is a coach, with the requirements specified in Article 48(4)(b) or paragraph (5)(b)(ii) of that Article; or

(b)     in any other case, with the requirements specified in paragraph (4)(b) of that Article.

(8)     Until 10th February 2000, this Article shall not apply to a coach first used before 1st October 1988.

(9)     In this Article –

“child restraint”, “disabled person’s belt”, “forward-facing seat”, “seat” and “seat belt” have the meanings given in Article 49;

“forward-facing passenger seat” means a forward-facing seat which is not the driver’s seat; and

“school” has the same meaning as in the Education (Jersey) Law 1999.

(10)    For the purpose of this Article, a child is a person who is aged 3 years or more but is under the age of 16 years.

52      Rear under-run protection

(1)     Save as provided in paragraph (2), this Article applies to a wheeled goods vehicle being either –

(a)     a motor vehicle with a maximum gross weight which exceeds 3,500 kg and which was first used on or after 1st January 1999; or

(b)     a trailer manufactured on or after 1st January 1999 with an unladen weight which exceeds 1020 kg.

(2)     This Article does not apply to –

(a)     a motor vehicle which has a maximum speed not exceeding 15 mph;

(b)     a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;

(c)     an agricultural trailer;

(d)     engineering plant;

(e)     a fire engine;

(f)      an agricultural motor vehicle;

(g)     a vehicle fitted at the rear with apparatus specially designed for spreading material on a road;

(h)     a vehicle so constructed that it can be unloaded by part of the vehicle being tipped rearwards;

(i)      a vehicle used for the purposes of a home force or of a visiting force;

(j)      a vehicle to which no bodywork has been fitted and which is being driven or towed –

(i)      for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles,

(ii)      to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out, or

(iii)     by previous arrangement to premises of a dealer in, or distributor of, such vehicles;

(k)     a vehicle which is being driven or towed to a place where by previous arrangement a device is to be fitted so that it complies with this Article;

(l)      a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the rear;

(m)    a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;

(n)     a vehicle with a tail lift so constructed that the lift platform forms part of the floor of the vehicle and this part has a length of at least 1 m measured parallel to the longitudinal axis of the vehicle;

(o)     a trailer having a base or centre outside Jersey from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Jersey;

(p)     a vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete;

(q)     a vehicle designed and used solely for the delivery of coal by means of a special conveyor which is carried on the vehicle and when in use is fitted to the rear of the vehicle so as to render its being equipped with a rear under-run protective device impracticable; or

(r)      an agricultural trailed appliance.[13]

(3)     Subject to paragraphs (4), (5) and (6), every vehicle to which this Article applies shall be equipped with a rear under-run protection device.

(4)     A vehicle to which this Article applies and which is fitted with a tail lift, bodywork or other part which renders its being equipped with a rear under-run protective device impracticable shall instead be equipped with one or more devices which do not protrude beyond the overall width of the vehicle (excluding any part of the device or the devices) and which comply with the following requirements –

(a)     where more than one device is fitted, not more than 50 cm shall lie between one device and the device next to it;

(b)     not more than 30 cm shall lie between the outermost end of a device nearest to the outermost part of the vehicle to which it is fitted and a longitudinal plane passing through the outer end of the rear axle of the vehicle on the same side of the vehicle or, in a case where the vehicle is fitted with more than one rear axle, through the outer end of the widest rear axle on the same side of the vehicle and paragraph II.5.4.2 in the Annex to Community Directive 79/490 shall not have effect in a case where this requirement is met; and

(c)     the device or, where more than one device is fitted, all the devices together, shall have the characteristics specified in paragraphs II.5.4.1 to II.5.4.5.5.2 in the Annex to the said Directive save –

(i)      as provided in sub-paragraphs (a) and (b),

(ii)      that for the reference in paragraph II.5.4.5.1 in that Annex to 30 cm there is substituted a reference to 35 cm, and

(iii)     that the distance of 40 cm specified in paragraph II.5.4.5 in that Annex may be measured exclusive of the said tail-lift, bodywork or other part.

(5)     The provisions of paragraph (3) shall have effect so that in the case of –

(a)     a vehicle which is fitted with a demountable body, the characteristics specified in paragraph II.5.4.2 in the Annex to the said Directive have effect as if the reference to 10 cm were a reference to 30 cm and as if in paragraph II.5.4.5.1 the reference to 30 cm were a reference to 35 cm; and

(b)     a trailer with a single axle or 2 close-coupled axles, the height of 55 cm referred to in paragraph II.5.4.5.1 in that Annex is measured when the coupling of the trailer to the vehicle by which it is drawn is at the height recommended by the manufacturer of the trailer.

(6)     Instead of complying with paragraphs (3) to (5) a vehicle may comply with Community Directive 79/490.

(7)     In this Article –

“rear under-run protective device” means a device within the description given in paragraph II.5.4 in the Annex to Community Directive 79/490.

53      Maintenance of rear under-run protective device

Every device fitted to a vehicle in compliance with the requirements of Article 52 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely the performance of the device in the function of giving resistance in the event of an impact from the rear.

54      Sideguards

(1)     Save as provided in paragraph (2), this Article applies to a wheeled goods vehicle being –

(a)     a motor vehicle first used on or after 1st January 1999 with a maximum gross weight which exceeds 3,500 kg;

(b)     a trailer manufactured on or after 1st January 1999 with an unladen weight which exceeds 1020 kg; or

(c)     a semi-trailer manufactured before 1st January 1999 which has a relevant plate showing a gross weight exceeding 26,000 kg.

(2)     This Article does not apply to –

(a)     a motor vehicle which has a maximum speed not exceeding 15 mph;

(b)     an agricultural trailer;

(c)     engineering plant;

(d)     a fire engine;

(e)     an agricultural motor vehicle;

(f)      a vehicle so constructed that it can be unloaded by part of the vehicle being tipped sideways or rearwards;

(g)     a vehicle used for the purposes of a home force or of a visiting force;

(h)     a vehicle to which no bodywork has been fitted and which is being driven or towed –

(i)      for the purpose of a quality or safety check by its manufacturer or a dealer in, or distributor of, such vehicles,

(ii)      to a place where, by previous arrangement, bodywork is to be fitted or work preparatory to the fitting of bodywork is to be carried out, or

(iii)     by previous arrangement to premises of a dealer in, or distributor of, such vehicles;

(i)      a vehicle which is being driven or towed to a place where by previous arrangement a sideguard is to be fitted so that it complies with this Order;

(j)      a refuse vehicle;

(k)     a trailer specially designed and constructed, and not merely adapted, to carry round timber, beams or girders, being items of exceptional length;

(l)      a motor car or a heavy motor car constructed or adapted to form part of an articulated vehicle;

(m)    a vehicle specially designed and constructed, and not merely adapted, to carry other vehicles loaded onto it from the front or the rear;

(n)     a trailer with a load platform –

(i)      no part of any edge of which is more than 60 mm inboard from the tangential plane, and

(ii)      the upper surface of which is not more than 750 mm from the ground throughout that part of its length under which a sideguard would have to be fitted in accordance with paragraph (6)(d) to (g) if this exemption did not apply to it;

(o)     a trailer having a base or centre outside Jersey from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Jersey; or

(p)     an agricultural trailed appliance.[14]

(3)     This Article also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is a semi-trailer some or all of the wheels of which are driven by the drawing vehicle.

(4)     Every vehicle to which this Article applies shall be securely fitted with a sideguard to give protection on any side of the vehicle where –

(a)     if it is a semi-trailer, the distance between the transverse planes passing through the centre of its foremost axle and through the centre of its king-pin or, in the case of a vehicle having more than one king-pin, the rearmost one, exceeds 4.5 m; or

(b)     if it is any other vehicle, the distance between the centres of any 2 consecutive axles exceeds 3 m.

(5)     Save as provided in paragraphs (7) and (8), a sideguard with which a vehicle is by this Article required to be fitted shall comply with all the specifications listed in paragraph (6).

(6)     Those specifications are –

(a)     the outermost surface of every sideguard shall be smooth, essentially rigid and either flat or horizontally corrugated, save that –

(i)      any part of the surface may overlap another provided that the overlapping edges face rearwards or downwards,

(ii)      a gap not exceeding 25 mm measured longitudinally may exist between any 2 adjacent parts of the surface provided that the foremost edge of the rearward part does not protrude outboard of the rearmost edge of the forward part, and

(iii)     domed heads of bolts or rivets may protrude beyond the surface to a distance not exceeding 10 mm;

(b)     no part of the lowest edge of a sideguard shall be more than 550 mm above the ground when the vehicle to which it is fitted is on level ground and, in the case of a semi-trailer, when its load platform is horizontal;

(c)     in a case specified in an item in column 2 of the Table the highest edge of a sideguard shall be as specified in that item in column 3;

(d)     the distance between the rearmost edge of a sideguard and the transverse plane passing through the foremost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm;

(e)     the distance between the foremost edge of a sideguard fitted to a semi-trailer and a transverse plane passing through the centre of the vehicle’s king-pin or, if the vehicle has more than one king-pin, the rearmost one, shall not exceed 3 m;

(f)      the foremost edge of a sideguard fitted to a semi-trailer with landing legs shall, as well as complying with sub-paragraph (e), not be more than 250 mm to the rear of a transverse plane passing through the centre of the leg nearest to that edge;

(g)     the distance between the foremost edge of a sideguard fitted to a vehicle other than a semi-trailer and a transverse plane passing through the rearmost part of the tyre fitted to the wheel of the vehicle nearest to it shall not exceed 300 mm if the vehicle is a motor vehicle and 500 mm if the vehicle is a trailer;

(h)     the external edges of a sideguard shall be rounded at a radius of at least 2.5 mm;

(i)      no sideguard shall be more than 30 mm inboard from the tangential plane;

(j)      no sideguard shall project beyond the longitudinal plane from which, in the absence of a sideguard, the vehicle overall width would fall to be measured;

(k)     every sideguard shall cover an area extending to at least 100 mm upwards from its lowest edge, 100 mm downwards from its highest edge, and 100 mm rearwards and inwards from its foremost edge, and no sideguard shall have a vertical gap measuring more than 300 mm nor any vertical surface measuring less than 100 mm; and

(l)      except in the case of a vehicle described in paragraph (1)(c), every sideguard shall be capable of withstanding a force of 2 kilonewtons applied perpendicularly to any part of its surface by the centre of a ram the face of which is circular and not more than 220 mm in diameter, and during such application –

(i)      no part of the sideguard shall be deflected by more than 150 mm, and

(ii)      no part of the sideguard which is less than 250 mm from its rearmost part shall be deflected by more than 30 mm.

 

TABLE

(Article 54(6))

1

2

3

Item

Case

Requirements about higher edge of sideguard

1

Where the floor of the vehicle to which the sideguard is fitted –

Not more than 350 mm below the lower edge of the side-rave

(i)

extends laterally outside the tangential plane,

(ii)

is not more than 1.85 mm from the ground,

(iii)

extends laterally over the whole of the length of the sideguard with which the vehicle is required by this Order to be fitted, and

(iv)

is wholly covered at its edge by a side-rave the lower edge of which is not more than 150 mm below the underside of the floor

2

Where the floor of the vehicle to which the sideguard is fitted –

Not more than 350 mm below the structure of the vehicle where it is cut by the tangential plane

(i)

extends laterally outside the tangential plane, and

(ii)

does not comply with all of the provisions specified in sub-paragraphs (ii), (iii) and (iv) in item 1, and any part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane

3

Where –

Not less than the height of the upper surface of the load-carrying structure of the vehicle

(i)

no part of the structure of the vehicle is cut within 1.85 m of the ground by the tangential plane, and

(ii)

the upper surface of the load-carrying structure of the vehicle is less than 1.5 m from the ground

4

A vehicle specially designed, and not merely adapted, for the carriage and mixing of liquid concrete

Not less than 1 m from the ground

5

Any other case

Not less than 1.5 m from the ground

(7)     The provisions of paragraph (5) apply –

(a)     in the case of an extendable trailer when it is, by virtue of the extending mechanism, extended to a length greater than its minimum, so as not to require, in respect of any additional distance solely attributable to the extension, compliance with the specifications mentioned in paragraph (6)(d) to (g);

(b)     in the case of a vehicle designed and constructed and not merely adapted, to be fitted with a demountable body or to carry a container, when it is not fitted with a demountable body or carrying such a container as if it were fitted with such a body or carrying such a container; and

(c)     only so far as it is practicable in the case of –

(i)      a vehicle designed solely for the carriage of a fluid substance in a closed tank which is permanently fitted to the vehicle and provided with valves and hose or pipe connections for loading or unloading, and

(ii)      a vehicle which requires additional stability during loading or unloading or while being used for operations for which it is designed or adapted and is fitted on one or both sides with an extendable device to provide such stability.

(8)     In the case of a motor vehicle to which this Article applies and which is of a type which was required to be approved by the Type Approval for Goods Vehicles Regulations before 1st October 1983 –

(a)     if the bodywork of the vehicle covers the whole of the area specified as regards a sideguard in paragraph (6)(b), (c), (d) and (g), the other provisions of that paragraph do not apply to that vehicle; and

(b)     if the bodywork of the vehicle covers only part of that area the part of that area which is not so covered shall be fitted with a sideguard which complies with the provisions of paragraph (6) save that there shall not be a gap between –

(i)      the rearmost edge of the sideguard or the rearmost part of the bodywork (whichever is further to the rear) and the transverse plane mentioned in paragraph (6)(d) or more than 300 mm,

(ii)      the foremost edge of the sideguard or the foremost part of the bodywork (whichever is further to the front) and the transverse plane mentioned in paragraph (6)(g) of more than 300 mm, or

(iii)     any vertical or sloping edge of any part of the bodywork in question and the edge of the sideguard immediately forwards or rearwards thereof of more than 25 mm measured horizontally.

(9)     In this Article –

“relevant plate” means a plate fitted in accordance with Article 73;

“relevant train weight” means the maximum train weight shown at item 8 of the plate fitted in accordance with Article 73; and

“tangential plane”, in relation to a sideguard, means the vertical plane tangential to the external face of the outermost part of the tyre (excluding any distortion caused by the weight of the vehicle) fitted to the outermost wheel at the rear and on the same side of the vehicle.

(10)    Instead of complying with this Article a vehicle may comply with Community Directive 89/297.

55      Maintenance of sideguards

(1)     Every sideguard fitted to a vehicle in compliance with the requirements of Article 54 shall at all times when the vehicle is on a road be maintained free from any obvious defect which would be likely to affect adversely its effectiveness.

56      Mascots, ornamental objects, etc.

(1)     No mascot, emblem or other ornamental object shall be carried by a motor vehicle first used on or after 1st October 1937 in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot, emblem or ornamental object is not liable to cause injury to such person by reason of any projection or component thereon.

(2)     Every motor vehicle and all parts and accessories of the vehicle shall at all times be in such condition that no danger is caused or likely to be caused, by reason of any front projection on the vehicle, to any person on or near a road.

57      Strength of superstructure

(1)     This Article applies to every coach which is –

(a)     a single-decked vehicle;

(b)     equipped with a compartment below the deck for the luggage of passengers; and

(c)     first used on or after 1st April 1993.

(2)     Every vehicle to which this Article applies shall comply with the requirements of ECE Regulation 66.

58      Additional exits from double-decked coaches

(1)     This Article applies to every coach which is –

(a)     a double-decked vehicle; and

(b)     first used on or after 1st April 1990.

(2)     Subject to the following provisions of this Article, every vehicle to which this Article applies shall be equipped with 2 staircases, one of which shall be located in one half of the vehicle and the other in the other half of the vehicle.

(3)     Instead of being equipped with 2 staircases in accordance with paragraph (2), a vehicle to which this Article applies may be equipped in accordance with the following provisions of this Article with a hammer or other similar device with which in case of emergency any side window of the vehicle may be broken.

(4)     Where a vehicle is equipped with –

(a)     a staircase located in one half of the vehicle; and

(b)     an emergency exit complying with Article 9 of the Public Service Vehicles (Conditions of Fitness) (Jersey) Order 2003 located in the same half of the upper deck of the vehicle,

the hammer or the similar device shall be located in the other half of that deck.

(5)     Any hammer or other similar device with which a vehicle is equipped pursuant to this Article shall be located in a conspicuous and readily accessible position in the upper deck of the vehicle.

(6)     There shall be displayed, in a conspicuous position in close proximity to the hammer or other similar device, a notice which shall contain in clear and indelible lettering –

(a)     in letters not less than 25 mm high, the heading “IN EMERGENCY”; and

(b)     in letters not less than 10 mm high, instructions that in case of emergency the hammer or device is to be used first to break any side window by striking the glass near the edge of the window and then to clear any remaining glass from the window aperture.

(7)     For the purposes of this Article a staircase, emergency exit, hammer or other similar device (as the case may be) shall be considered to be located in the other half of the vehicle if the shortest distance between any part of the staircase, exit, hammer or device (as the case may be) and any part of any other staircase, emergency exit, hammer or device is not less than one half of the overall length of the vehicle.

K – CONTROL OF EMISSIONS

59      Silencers – general

(1)     Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.

(2)     Every exhaust system and silencer shall be maintained in good and efficient working order and shall not after the date of manufacture be altered so as to increase the noise made by the escape of exhaust gases.

(3)     Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372 or 84/424 or, in the case of a motor cycle other than a moped, 78/1015.

(4)     In this Article “moped” has the meaning given to it in paragraph 5 of Schedule 11.

60      Noise limits – general

(1)     Save as provided in paragraph (2) and Article 66, this Article applies to every wheeled motor vehicle having at least 3 wheels and first used on or after 1st October 1983 which is –

(a)     a vehicle, not falling within sub-paragraph (b) or (c), with or without bodywork;

(b)     a vehicle not falling within sub-paragraph (c) which is –

(i)      engineering plant,

(ii)      a locomotive other than an agricultural motor vehicle,

(iii)     a motor tractor other than an industrial tractor or an agricultural motor vehicle,

(iv)     a public works vehicle,

(v)     a works truck, or

(vi)     a refuse vehicle; or

(c)     a vehicle which –

(i)      has a compression ignition engine,

(ii)      is so constructed or adapted that the driving power of the engine is, or by appropriate use of controls can be, transmitted to all wheels of the vehicle, and

(iii)     falls within category 1.1.1, 1.1.2 or 1.1.3 specified in Article 1 of Community Directive 77/212.

(2)     This Article does not apply to –

(a)     a motor cycle with a sidecar attached;

(b)     an agricultural motor vehicle which is first used before 1st June 1986 or which is not driven at more than 20 mph;

(c)     an industrial tractor;

(d)     a road roller;

(e)     a vehicle specially constructed, and not merely adapted, for the purpose of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(f)      a vehicle which runs on rails.

(3)     Save as provided in paragraphs (4) and (5), every vehicle to which this Article applies shall be so constructed that it complies with the requirements set out in item 1, 2, 3 or 4 of the Table, a vehicle complies with this requirement if –

(a)     its sound level does not exceed the relevant limit specified in column 2(a), (b) or (c), as the case may be, in the relevant item when measured under the conditions specified in column 3 in that item and by the method specified in column 4 in that item using the apparatus prescribed in paragraph (6); and

(b)     in the case of a vehicle referred to in sub paragraph (1)(a) (other than one having less than 4 wheels or a maximum speed not exceeding 25 km/h) or paragraph (1)(c), the device designed to reduce the exhaust noise meets the requirements specified in column 5 in that item.

 

TABLE

(Article 60)

1

2

3

4

5

Limits of sound level

Item

(a)
Vehicle referred to in paragraph (1)(a)

(b)
Vehicle referred to in paragraph (1)(b)

(c)
Vehicle referred to in paragraph (1)(c)

Conditions of measurement

Method of measurement

Requirements for exhaust devices

1

Limits specified in paragraph I.1. of the Annex to Community Directive 77/212

89dB(A)

82dB(A)

Conditions specified in paragraph 1.3 of the Annex to Community Directive 77/212

Method specified in paragraph 1.4.1 of the Annex to Community Directive 77/212

Requirements specified in heading II of the Annex to Community Directive 77/212 (except paragraphs 11.2 and 11.5)

2

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 81/334

89dB(A)

82dB(A)

Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 81/334

Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 81/334. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex

Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 81/334

3

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/372

89dB(A)

82dB(A)

Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/372

Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/372, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75kW per 1,000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex

Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/372

4

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424

Vehicles with engine power – less than 75kW – 84dB(A) – not less than 75kW – 86dB(A)

Limits specified in paragraph 5.2.2.1 of Annex I to Community Directive 84/424

Conditions specified in paragraph 5.2.2.3 of Annex I to Community Directive 84/424

Method specified in paragraph 5.2.2.4 of Annex I to Community Directive 84/424, except that vehicles with 5 or more forward gears and a maximum power to maximum gross weight ratio not less than 75kW per 1,000 kg may be tested in 3rd gear only. Interpretation of results as specified in paragraph 5.2.2.5 of that Annex

Requirements specified in section 3 and paragraphs 5.1 and 5.3.1 of Annex I to Community Directive 84/424

(4)     Save as provided in paragraph (5), paragraph (3) applies to every vehicle to which this Article applies and which is first used on or after 1st April 1990, unless it is equipped with 5 or more forward gears and has a maximum power to maximum gross weight ratio not less than 75 kW per 1,000 kg, and is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations as if, for the reference to items 1, 2, 3 or 4 of the Table there were substituted a reference to item 4 of the Table.

(5)     Paragraph (4) does not apply to a vehicle in category 5.2.2.1.3 as defined in Annex I to Directive 84/424 and equipped with a compression ignition engine, a vehicle in category 5.2.2.1.4 as defined in that Annex, or a vehicle referred to in paragraph (1)(b) unless it is first used on or after 1st April 1991.

(6)     The apparatus prescribed for the purposes of paragraph (3)(a) and Article 61(2)(a) and Schedule 8 is a sound level meter of the type described in Publication No. 179 of the International Electrotechnical Commission, in either its first or second edition, a sound level meter complying with the specification for Type O or Type 1 in Publication No. 651 (1979) “Sound Level Meters” of the International Electrotechnical Commission, or a sound level meter complying with the specifications of the British Standard Number BS 5969: 1981 which came into effect on 29th May 1981.

(7)     Instead of complying with this Article a vehicle may comply at the time of its first use with Community Directive 77/212, 81/334, 84/372 or 84/424.

61      Noise limits – agricultural motor vehicles and industrial tractors

(1)     Save as provided in Article 66, this Article applies to every wheeled vehicle first used on or after 1st April 1983 being an agricultural motor vehicle or an industrial tractor, other than –

(a)     an agricultural motor vehicle which is first used on or after 1st June 1986 and which is driven at more than 20 mph; or

(b)     a road roller.

(2)     Every vehicle to which this Article applies shall be so constructed –

(a)     that its sound level does not exceed –

(i)      if it is a vehicle with engine power less than 65 kW, 89dB(A),

(ii)      if it is a vehicle with engine power of 65 kW or more, and first used before 1st October 1991, 92 dB(A), or

(iii)     if it is a vehicle with engine power of 65 kW or more, and first used on or after 1st October 1991, 89dB(A),

when measured under the conditions specified in paragraph 1.3 of Annex VI to Community Directive 74/151 by the method specified in paragraph 1.4.1 of that Annex using the apparatus prescribed in Article 60(6); and

(b)     that the device designed to reduce the exhaust noise meets the requirements specified in paragraph II.1 of that Annex and, if fibrous absorbent material is used, the requirements specified in paragraphs 11.4.1 to 11.4.3 of that Annex.

62      Noise limits – motor cycles construction requirements

(1)     Subject to Article 66, this Article applies to every motor vehicle first used on or after 1st April 1983 which is –

(a)     a moped; or

(b)     a 2-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.

(2)     A vehicle to which this Article applies shall be so constructed that it meets –

(a)     if it is used before 1st April 1991, the requirements of item 1 or 2 of the Table in Part 1 of Schedule 8;

(b)     if it is first used on or after that date, the requirements of item 2 of that Table.

(3)     Instead of complying with paragraph (2), a vehicle first used before 1st April 1991 may comply at the time of its first use with Community Directive 78/1015, 87/56 or 89/235.

(4)     Instead of complying with paragraph (2), a vehicle first used on or after 1st April 1991 may comply at the time of its first use with Community Directive 87/56 or 89/235.

(5)     In this Article “moped” has the meaning given to it in paragraph 5 of Schedule 11.

63      Exhaust systems – motor cycles

(1)     Any original silencer forming part of the exhaust system of a vehicle to which Article 62 applies, being a vehicle first used before 1st February 1996, shall –

(a)     be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 and be marked in accordance with sub-paragraph 3.3 of that Annex; or

(b)     be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(2)     Any original silencer forming part of the exhaust system of a vehicle to which Article 62 applies, being a vehicle first used on or after 1st February 1996, shall be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.

(3)     A vehicle fitted with an original silencer may –

(a)     if the vehicle is first used before 1st February 1996, instead of complying with paragraph (1), comply at the time of first use with Community Directive 78/1015, 87/56 or 89/235; or

(b)     if the vehicle is first used on or after that date, instead of complying with paragraph (2), comply at the time of first use with Community Directive 89/235.

(4)     Where any replacement silencer forms part of the exhaust system of a vehicle to which Article 62 applies, being a vehicle first used on or after 1st January 1985, the first requirement or the second requirement as set out in paragraphs (5) and (6) must be met in respect of the silencer.

(5)     In order for the requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in this paragraph referred to as “the vehicle in question”) –

(a)     if the vehicle in question is first used before 1st April 1991, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet –

(i)      the requirements of item 1 or 3 of the Table in Part 1 of Schedule 8, and

(ii)      the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(b)     if the vehicle in question is first used on or after 1st April 1991 but before 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet –

(i)      the requirements of item 3 of the Table in Part 1 of Schedule 8, and

(ii)      the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;

(c)     if the vehicle in question is first used on or after 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet –

(i)      the requirements of item 3 of the Table in Part 1 of Schedule 8, and

(ii)      the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235,

and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to that Directive.

(6)     In order for the second requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in Part 2 of Schedule 8 referred to as “the vehicle in question”) –

(a)     if the vehicle is first used before 1st April 1991, the silencer must meet the requirements of paragraph 2, 3 or 4 of Part 2 of Schedule 8; or

(b)     if the vehicle is first used on or after that date, the silencer must meet the requirements of paragraph 4 of Part 2 of Schedule 8.

(7)     Any requirements specified in paragraph (5) or in Part 2 of Schedule 8 relating to the silencer were it to be fitted to an unused vehicle of the same model as the vehicle in question (as defined in that paragraph or in paragraph (6) for the purposes of that Part, as the case may be) shall be deemed to be met if they are met by the silencer as fitted to the vehicle in question at the time that it is first fitted.

(8)     For the purposes of this Article, Community Directive 89/235 shall have effect as if –

(a)     in Annex I, for sub-paragraph 3.4.1, there were substituted –

“3.4.1           After removal of the fibrous material, the vehicle must meet the relevant requirements”;

and for sub-paragraph 3.4.3 there were substituted –

“3.4.3           After the exhaust system has been put into a normal state for road use by one of the following conditioning methods, the vehicle must meet the relevant requirements”;

(b)     references in Annex I as so modified to a vehicle meeting the relevant requirements were –

(i)      in relation to an original silencer, references to a vehicle meeting the requirements of item 2 of the Table in Part 1 of Schedule 8, and

(ii)      in relation to a replacement silencer, references to a vehicle meeting the requirements of item 3 of that Table;

(c)     in Annex II there were omitted sub-paragraphs 3.1.2, 3.4 and 3.5 and in sub-paragraph 3.2 –

(i)      the words “and the name referred to in 3.1.2”; and

(ii)      the words after “legible”.

(9)     For the purposes of paragraph (1)(b) and paragraph (2) in their application to vehicles with a design speed not exceeding 50 km/h, Community Directive 89/235 EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of –

(a)     sub-paragraph 3.1.3 of Annex II; and

(b)     in sub-paragraph 3.2 of that Annex, the words “and 3.1.3”.

(10)    In relation to a replacement silencer which is –

(a)     fitted to a vehicle before 1st February 1997; and

(b)     clearly and indelibly marked with the name or trade mark of the manufacturer of the silencer and with that manufacturer’s part number relating to it,

paragraphs (5) and (6), and Parts II and III of Schedule 8 shall have effect as if they contained no reference to a silencer being marked.

(11)    For the purposes of this Article, a silencer forming part of the exhaust system of a vehicle shall not be regarded as being marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235, paragraph (10) of this Article or any paragraph of Part 2 of Schedule 8, if the marking is so obscured by any part of the vehicle that it cannot be easily read.

(12)    Until 1st February 1996 for the purposes of paragraph (6), a vehicle first used on or after 1st April 1991 shall be treated as a vehicle first used before 1st April 1991.

(13)    Part 3 of Schedule 8 shall have effect for the purpose of exempting certain silencers from the provisions of paragraph (4).

(14)    No person shall use a motor cycle on a road or cause or permit such a vehicle to be so used if any part of the exhaust system has been indelibly marked by the manufacturer of that part with the words “NOT FOR ROAD USE” or words to that effect.

(15)    In this Article –

“original silencer”, in relation to a vehicle, means a silencer which was fitted to the vehicle when it was manufactured;

“replacement silencer”, in relation to a vehicle, means a silencer fitted to the vehicle, not being an original silencer; and

“trade mark” has the same meaning as in the Trade Marks (Jersey) Law 2000.

64      Noise limits – maintenance requirements relating to motor cycles

(1)     No person shall use or cause or permit to be used on a road a motor cycle to which Article 62 applies if the 3 conditions specified in paragraphs (2) to (4) are all fulfilled.

(2)     The first condition is fulfilled if the vehicle does not meet the noise limit requirements.

(3)     The second condition is fulfilled if –

(a)     any part of the vehicle is not in good and efficient working order; or

(b)     the vehicle has been altered.

(4)     The third condition is fulfilled if the noise made by the vehicle would have been materially less (so far as applicable) –

(a)     were all parts of the vehicle in good and efficient working order; or

(b)     had the vehicle not been altered.

(5)     For the purposes of this Article, a vehicle meets the noise limit requirements if –

(a)     in the case of a vehicle first used before 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 1 or 2 of the Table in Part 1 of Schedule 8;

(b)     in the case of a vehicle first used before 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 1 or 3 of that Table;

(c)     in the case of a vehicle first used on or after 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 2 of that Table;

(d)     in the case of a vehicle first used on or after 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 3 of that Table.

(6)     In this Article, “replacement silencer” has the same meaning as in Article 63.

65      Noise limits – vehicles not subject to Articles 60 to 62 first used on or after 1st April 1970

(1)     Save as provided in paragraph (2) and in Article 66, every wheeled motor vehicle which was first used on or after 1st April 1970 and which is not subject to Article 60, 61 or 62 shall be so constructed that the sound level (A weighting) in decibels does not exceed the maximum permitted level shown in column 2 of the Table for the relevant class of vehicle shown in column 1, when the noise emitted by it is measured under the specified conditions using the prescribed apparatus.

(2)     A vehicle to which this Article applies is not required to comply with paragraph (1) if at the time of its first use it complied with Community Directive 70/157, 73/350 or 77/212 or, in the case of an agricultural motor vehicle 74/151, or if it is –

(a)     a road roller;

(b)     a vehicle specially constructed, and not merely adapted, for the purposes of fighting fires or salvage from fires at or in the vicinity of airports, and having an engine power exceeding 220 kW;

(c)     a vehicle propelled by a compression ignition engine and which is of a type in respect of which a type approval certificate has been issued under the Type Approval (Great Britain) Regulations;

(d)     a motor cycle first used on or after 1st October 1980, with an engine capacity not exceeding 50 cc which complies with the requirements of item 1 or 2 of the Table in Part 1 of Schedule 8; or

(e)     an agricultural motor vehicle manufactured on or after 7th February 1975 which complies with the requirements specified in Article 61(2).

(3)     The definition of “sound level (A weighting) in decibels” contained in clause 2 of the British Standard Specification for Sound Level Meters published by the British Standards Institution on 7th September 1962 under the number BS 3539: 1962, as amended by Amendment Slip No. 1 numbered AMD 22 and published on 1st July 1968, applies for the purposes of this Article.

(4)     In this Article the “specified conditions” means the method described by the British Standard Method for the Measurement of Noise Emitted by Motor Vehicles published on 24th June 1966 under the number BS 3425: 1966.

(5)     In this Article the “prescribed apparatus” means a noise meter –

(a)     which is in good working order and complies with the requirements laid down for vehicle noise meters in Part 1 of the said British Standard Specification numbered BS 3539: 1962, as amended by the said Amendment Slip No. 1;

(b)     which has, not more than 12 months before the date of the measurement made in accordance with paragraph (1), undergone all the tests for checking calibration applicable in accordance with the appendix to the said British Standard Specification; and

(c)     in respect of which there has been issued by the National Physical Laboratory, the British Standards Institution or the Secretary of State for Transport of the United Kingdom a certificate recording the date on which as a result of those tests the meter was found to comply with the requirements of clauses 8 and 9 of the said British Standard Specification.

 

TABLE

(Article 65(1))

1

2

3

Item

Class of vehicle

Maximum permitted sound level in dB (A)

1

Motor cycle of which the cylinder capacity of the engine does not exceed 50 cc

77

2

Motor cycle of which the cylinder capacity of the engine exceeds 50 cc but does not exceed 125 cc

82

3

Motor cycle of which the cylinder capacity of the engine exceeds 125 cc

86

4

Goods vehicle to which Article 73 applies and which is equipped with a plate complying with the requirements of Article 73 and showing particulars of Article 73 and showing particulars of a maximum gross weight of more than 3560 kg

89

5

Motor car not being a goods vehicle of the kind described in item 4

85

6

Motor tractor

89

7

Locomotive

89

8

Agricultural motor vehicle

89

9

Works truck

89

10

Engineering plant

89

11

Passenger vehicle constructed for the carriage of more than 12 passengers exclusive of the driver

89

12

Any other passenger vehicle

84

13

Any other vehicle

85

66      Exceptions to Articles 60 and 65

Articles 60, 61, 63, 64 and 65 do not apply to a motor vehicle which is –

(a)     proceeding to a place where, by previous arrangement –

(i)      noise emitted by it is about to be measured for the purpose of ascertaining whether or not the vehicle complies with such of those provisions as apply to it, or

(ii)      the vehicle is about to be mechanically adjusted, modified or equipped for the purpose of securing that it so complies; or

(b)     returning from such a place immediately after the noise has been measured.

67      Radio interference suppression

(1)     Save as provided in paragraph (2), every wheeled motor vehicle first used on or after 1st April 1974 which is propelled by a spark ignition engine shall comply at the time of its first use with Community Directive 72/245 or ECE Regulation 10 or 10.01 or, in the case of an agricultural motor vehicle, Community Directive 75/322.

(2)     This Article does not apply to a vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that description, but nothing in this paragraph affects the application to such vehicles of the Wireless Telegraphy (Control of Interference from Ignition Apparatus) Regulations 1973 of the United Kingdom.

68      Emission of smoke, vapour, gases, oily substances, etc.

(1)     Subject to paragraph (5), every vehicle shall be constructed and maintained so as not to emit any avoidable smoke or avoidable visible vapour.

(2)     Every motor vehicle using solid fuel shall be fitted with –

(a)     a tray or shield to prevent ashes and cinders from falling onto the road; and

(b)     an efficient appliance to prevent any emission of sparks or grit.

(3)     Subject to paragraph (7) and to the exemptions specified in an item in column 4 of Table 1 every wheeled vehicle of a class specified in that item in column 2 shall be constructed so as to comply with the requirements specified in that item in column 3.

(4)     A motor vehicle to which an item in Table 2 applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.

(5)     Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.

(6)     Instead of complying with such provisions of items 1, 2 and 3 in Table 1 as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.

(7)     For the purposes of paragraphs (5) and (6), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying –

(a)     if it is propelled by a compression ignition engine, with Community Directive 72/306 (or, in the case of an agricultural vehicle, 77/537) or ECE Regulation 24.01, 24.02 or 24.03; or

(b)     if it is propelled by a spark ignition engine with any instrument mentioned in column (4)(a) of Table 2.

(8)     No person shall use, or cause or permit to be used, on a road a motor vehicle –

(a)     from which any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance is emitted if that emission causes, or is likely to cause, damage to any property or injury or danger to any person who is, or who may reasonably be expected to be, on the road;

(b)     which is subject to the requirement in item 2 of Table 1 (whether or not it is deemed to comply with the requirement by virtue of paragraph (7)) if the fuel injection equipment, the engine speed governor or any other parts of the engine by which it is propelled have been altered or adjusted so as to increase the emission of smoke; or

(c)     which is subject to the requirement in item 1 of Table 1 if the device mentioned in column 2 in that item is used while the vehicle is in motion.

(9)     No person shall use, or cause or permit to be used, on a road a motor vehicle to which item 3 of Table 1 applies unless it is so maintained that the means specified in column 3 of that item are in good working order.

(10)    Subject to paragraphs (11) to (18) and (19) to (21), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table 2 applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisfied in respect to it –

(a)     the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle;

(b)     neither would those requirements be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle; and

(c)     the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.

(11)    In relation to a vehicle to which Part 3 of Schedule 1B of the Type Approval (Great Britain) Regulations applies, item 8 of Table 2 shall have effect as if for the entry in column (3) there were substituted “31st December 1993”.

(12)    In relation to a vehicle to which Part 3 of Schedule 1B of the Type Approval for Goods Vehicles Regulations applies, item 9 of Table 2 shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.

(13)    In relation to a vehicle to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table 2 shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.

(14)    For the purposes of paragraph (13), in relation to a vehicle (“the vehicle in question”) –

(a)     “specified number” is 10% of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both –

(i)      manufactured by the manufacturer of the vehicle in question, and

(ii)      registered under the 1993 Law during the period beginning with 1st January 1994 and ending with 30th September 1994,

or 50, whichever is the greater; and

(b)     a “relevant vehicle” is a vehicle which –

(i)      is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations,

(ii)      was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993,

(iii)     was in the territory of a member State at some time before 1st October 1993,

(iv)     was in existence on 1st October 1993, but

(v)     had not been registered under the 1993 Law before 1st October 1994.

(15)    In relation to a vehicle to which either Part 4 of Schedule 1B of the Type Approval (Great Britain) Regulations or Part 4 of the Type Approval for Goods Vehicles Regulations applies, item 11 of Table 2 shall have effect as if for the entry in column (3) there were substituted “1st October 1995”.

(16)    In relation to a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 11 of Table 2 shall have effect as if for the entry in column (3) there were substituted “1st October 1995“.

(17)    For the purposes of paragraph (16), in relation to a vehicle (the “vehicle in question”) –

(a)     “specified number” is 10% of the total number of vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies that were both –

(i)      manufactured by the manufacturer of the vehicle in question, and

(ii)      registered under the 1993 Law during the period beginning with 1st October 1994 and ending with 30th September 1995,

or 50, whichever is the greater; and

(b)     a “relevant vehicle” is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations apply and which –

(i)      was manufactured by the manufacturer of the vehicle in question on or after 1st August 1992 and before 1st August 1994,

(ii)      was in the territory of an EEA State at some time before 1st October 1994,

(iii)     was in existence on 1st October 1994, but

(iv)     had not been registered under the 1993 Law before 1st October 1994.

(18)    In paragraph (17) “EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.

(19)    Paragraph (10) shall apply to a vehicle first used before 26th June 1990.

(20)    Where –

(a)     a vehicle is fitted with a device of the kind referred to in paragraph (10)(c);

(b)     the vehicle does not comply with the requirements specified in that paragraph in respect to it; and

(c)     the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle,

nothing in paragraph (10) shall prevent the vehicle being driven to a place where the device is to be repaired and replaced.

(21)    Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, the date on which it is first used shall, for the purposes of paragraphs (4), (10), (19) and (20) be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled. However, the date on which a vehicle is first used shall not, by virtue of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.

(22)    Without prejudice to paragraphs (1) and (10) and subject to this Article no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that –

(a)     when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds –

(i)      in the case of a vehicle first used before 1st August 1986, 4.5%, or

(ii)      in any other case, 3.5%,

of the total exhaust emissions from the engine by volume; and

(b)     when the engine is running without load at a rotational speed of 2,000 revolutions per minute the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.

(23)    Without prejudice to paragraphs (1) and (10) and subject to this Article, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part 1 of Schedule 9 applies to the vehicle.

(24)    Subject to paragraph (26), paragraph (23) applies to –

(a)     a passenger car which –

(i)      is first used on or after 1st April 1992 and before 1st August 1994, and

(ii)      is of a description mentioned in the Annex to the emissions publications;

(b)     a vehicle which –

(i)      is not a passenger car,

(ii)      is first used on or after 1st August 1994, and

(iii)     is of a description mentioned in the Annex to the emissions publication; or

(c)     a passenger car which is first used on or after 1st August 1994;

and in this paragraph, “emissions publications” has the meaning given in Part 1 of Schedule 9.

(25)    Paragraph (22) does not apply to a vehicle to which paragraph (23) applies.

(26)    Paragraph (22) does not apply to –

(a)     a vehicle to which paragraph (23) applies; or

(b)     a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.

(27)    Paragraph (23) does not apply to a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph.

(28)    Paragraphs (22) and (23) do not apply to –

(a)     a vehicle being driven to a place where it is to undergo repairs;

(b)     a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description;

(c)     an exempt vehicle within the meaning given by paragraph (32)(a);

(d)     a goods vehicle with a maximum gross weight exceeding 3,500 kg;

(e)     engineering plant, an industrial tractor, or a works truck; or

(f)      a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine”, in relation to a vehicle, means the engine by which it is propelled.

(29)    Without prejudice to paragraphs (1) and (10), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part 2 of Schedule 9 applies to the vehicle.

(30)    Paragraph (29) shall not apply to –

(a)     a vehicle, if at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;

(b)     a vehicle being driven to a place where it is to undergo repairs;

(c)     an exempt vehicle within the meaning given by paragraph (32)(a); and

(d)     engineering plant, an industrial tractor or a works truck.

(31)    For the purposes of this Article –

(a)     any rotary piston engine shall be deemed to be a 4-stroke engine; and

(b)     “rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.

(32)    In this Article, a reference to a vehicle to which an item in Table 2 applies is a reference to a vehicle which –

(a)     is of a class specified in that item in column (2) of that Table;

(b)     is first used on or after the date specified in that item in column (3) of that Table; and

(c)     is not exempted by the entry in that item in column (5) of that Table and for the purposes of determining whether a vehicle is a vehicle to which any item numbered 8 or more in that Table applies, Article 2(2) shall be disregarded.

(33)    In this Article “passenger car” means a motor vehicle which –

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

(b)     has no more than 5 seats in addition to the driver’s seat; and

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

(34)    In Table 2 –

(a)     “exempt vehicle” means –

(i)      a vehicle with less than 4 wheels,

(ii)      a vehicle with a maximum gross weight of less than 400 kg,

(iii)     a vehicle with a maximum speed of less than 25 km/h, or

(iv)     an agricultural motor vehicle;

(b)     “direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combustion chamber;

(c)     “indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber;

(d)     a reference in column (5) to a vehicle complying with an item is a reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).

 

TABLE 1

(Article 68(3))

1

2

3

4

Item

Class of vehicle

Requirements

Exemptions

1

Vehicles propelled by a compression ignition engine and equipped with a device designed to facilitate starting the engine by causing it to be supplied with excess fuel

Provision shall be made to ensure the device cannot readily be operated by a person inside the vehicle

(a)   a works truck;

(b)   a vehicle on which the device is so designed and maintained that –

       (i)   its use after the engine has started cannot cause the engine to be supplied with excess fuel, or

       (ii)   it does not cause any increase in the smoke or visible vapour emitted from the vehicle

2

Vehicles first used on or after 1st April 1973 and propelled by a compression ignition engine

The engine of the vehicle shall be of a type for which there has been issued by a person authorized by the Secretary of State for Transport of the United Kingdom a type test certificated in accordance with the British Standard Specification for the Performance of Diesel Engines for Road Vehicles published on 19th May 1971 under number BS AU 141a: 1971. In the case of an agricultural motor vehicle (other than one which is first used after 1st June 1986 and is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant, for the purposes of that Specification as to the exhaust gas capacity, measurements shall be made with the engine running at 80% of its full load over the speed range from maximum speed down to the speed at which maximum torque occurs as declared by the manufacturer of the vehicle for those purposes

(a)   A vehicle manufactured before 1st April 1973 and propelled by an engine known as the Perkins 6.354 engine;

(b)   a vehicle propelled by an engine having not more than 2 cylinders and being an agricultural motor vehicle (other than one which is first used on or after 1st June 1986 and which is driven at more than 20 mph), an industrial tractor, a works truck or engineering plant

3

Vehicles first used on or after 1st January 1972 and propelled by a spark ignition engine other than a 2-stroke engine

The engine shall be equipped with means sufficient to ensure that, while the engine is running, any vapours or gases in the engine crank case, or in any other part of the engine to which vapours or gases may pass from that case, are prevented, so far as is reasonably practicable, from escaping into the atmosphere otherwise than through the combustion chamber of the engine

(a)     a two-wheeled motor cycle with or without a sidecar attached;

(b)     a vehicle to which any item in Table 2 applies

 

TABLE 2

(Article 68(4), (6), (10), (11), (12), (13), (15), (16), (30) and (32))

(1)

(2)

(3)

(4)

(5)

(6)

Item

Class of vehicle

Date of first use

Design, construction and equipment requirements

Vehicles exempted from requirement

Emitted substances

 

 

 

(a) Instrument

(b) Place in Instrument where requirements are stated

 

 

1

Vehicles propelled by a spark ignition engine

1st October 1982

Community Directive 78/665, or

ECE Regulation 15.03

Annex I, paragraphs 3 and 5

Paragraphs 5, 8 and 11

(a)    A vehicle whose maximum gross weight exceeds 3,500 kg;

(b)   a vehicle which complies with the requirements of items 2, 4, 5, 8, 11 and 12;

(c)    a vehicle whose maximum speed is less than 50 km/h;

(d)   an exempt vehicle

Carbon monoxide hydrocarbons and oxides of nitrogen

2

All vehicles

1st April 

1991

Community Directive 83/351, or

ECE Regulation 15.04

Annex I, paragraphs 5, 7 and 8

Paragraphs 5, 8 and 12

(a)    A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3,500 kg;

(b)   a vehicle which complies with the requirements of items 4, 5, 8, 11 and 12;

(c)    a vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6,9 or 10;

(d)   an industrial tractor, works truck or engineering plant;

(e)    a vehicle whose maximum speed is less than 50 km/h;

(f)    an exempt vehicle

Carbon monoxide hydrocarbons and oxides of nitrogen

3

Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine

1st April 1993

ECE Regulation 49

Paragraphs 5 and 7

A vehicle which complies with the requirements of item 6, 9, 10, 11 or 12

Carbon monoxide hydrocarbons and oxides of nitrogen

4

Passenger vehicles which –

(a)  are constructed or adapted to carry more than 5 passengers excluding the driver; and

(b)  have a maximum gross weight of not more than 2,500 kg, not being off-road vehicles

1st April 1991

Community Directive 88/76, or

Community Directive 89/458, or

ECE Regulation 83

Annex I, paragraphs 5, 7 and 8

Annex I, paragraphs 5, 7 and 8
Paragraphs 5, 8 and 13

(a)    A vehicle which complies with the requirements of item 2, 8, 11 or 12;

(b)   a vehicle whose maximum speed is less than 50 km/h;

(c)    an exempt vehicle

Carbon monoxide hydrocarbons and oxides of nitrogen

5

Vehicles which are not of a description specified in this column in item 4 but which –

(a)  are propelled by a spark ignition engine and have a maximum gross weight of not more than 2,000 kg; or

 

 

 

 

 

 

1st April 1992

 

Community Directive 88/76, or

ECE Regulation 83

Annex I,

 

paragraphs 5, 7 and 8

(a)    A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9, 10, 11 or 12;

(b)   an industrial tractor, works truck or engineering plant;

(c)    a vehicle whose maximum speed is less than 50 km/h;

(d)   a vehicle which complies with the requirements of item 8;

(e)    an exempt vehicle

Carbon monoxide hydrocarbons and oxides of nitrogen

 

(b)  are propelled by a compression ignition engine and have a maximum gross weight of more than 3,500 kg

1st April 1991

 

 

 

 

6

All vehicles propelled by compression ignition engines

1st April 1991

Community Directive 88/77, or ECE Regulation 49.01

Annex I, paragraph 6, 7 and 8

Paragraphs 5, 6 and 7

(a)    A vehicle whose maximum gross weight is less than 3,500 kg and which complies with the requirements of item 2;

(b)   a vehicle which complies with the requirements of item 4, 5, 8, 9, 10, 11 or 12;

(c)    a fire appliance which is first used before 1st October 1992;

(d)   an industrial tractor, works truck or engineering plant;

(e)    an exempt vehicle

Carbon monoxide hydrocarbons and oxides of nitrogen

7

Passenger vehicles which –

(a)  are constructed or adapted to carry not more than 5 excluding the driver;

(b)  have a maximum gross weight of not more than 2,500 kg; and

(c)  are propelled by a compression ignition engine of the indirect injection type

1st April 1991

Community Directive 88/436

Annex I, paragraphs 5, 7 and 8, as far as they relate to particular emissions

(a)    A vehicle which complies with the requirements of item 8, 11 or 12;

(b)   a vehicle whose maximum speed is less than 50 km/h;

(c)    an off-road vehicle;

(d)   an exempt vehicle

Particulates

8

All vehicles

31st December 1992

Community Directive 91/441, or ECE Regulation 83.01

Annex I, paragraphs 5, 7 and 8

Paragraphs 5, 8 and 13

(a)    A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which –

        (i)   complies with the requirements of item 6 and is first used before 1st October 1993; or

        (ii)  complies with the requirements of item 9, 10, 11 or 12;

(b)   an industrial tractor, works truck or engineering plant;

(c)    a vehicle whose maximum speed is less than 50 km/h;

(d)   an exempt vehicle

Carbon monoxide hydrocarbons, oxides of nitrogen, particulates

9

All vehicles propelled by a compression ignition engine

1st October 1993

Community Directive 91/542, or

Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1)

(a)    A vehicle which complies with the requirements of item 8, 10, 11 or 12;

(b)   an industrial tractor, works truck or engineering plant;

(c)    an exempt vehicle

Carbon monoxide hydrocarbons, oxides of nitrogen and particulates

 

 

 

ECE Regulation 49.02

Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1)

 

 

10

All vehicles propelled by a compression ignition engine

1st October 1996

Community Directive 91/542

 

or

 

 

 

 

 

ECE Regulation 49.02

Annex I, paragraphs 6, 7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1)

 

Paragraphs 5, 6 and 7 (excluding line B in the Tables in sub-paragraphs 5.2.1 and 7.4.2.1)

(a)    A vehicle which complies with requirements of item 8, 11 or 12;

(b)   an industrial tractor, works truck or engineering plant;

(c)    an exempt vehicle

Carbon monoxide hydrocarbons, oxides of nitrogen and particulates

11

All vehicles

1st October 1994

Community Directive 93/59

Annex I, paragraphs 5, 7 and 8

(a)    A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 9, 10 or 12;

(b)   an industrial tractor, works truck or engineering plant;

(c)    vehicles whose maximum speed is less than 50 km/h;

(d)   an exempt vehicle

Carbon monoxide hydrocarbons, oxides of nitrogen and particulates

12

All vehicles

1st January 199

Community Directive 94/12

Annex I, paragraphs 5, 7 and 8

(a)    A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 9, 10 or 11;

(b)   an industrial tractor, works truck or engineering plant;

(c)    vehicles whose maximum speed is less than 50 km/h;

(d)   an exempt vehicle

Carbon monoxide hydrocarbons, oxides of nitrogen and particulates

69      Closets etc.

(1)     No wheeled vehicle first used on or after 15th January 1931 shall be equipped with any closet or urinal which can discharge directly on to a road.

(2)     Every tank into which a closet or urinal with which a vehicle is equipped empties, and every closet or urinal which does not empty into a tank, shall contain chemicals which are non-inflammable and non-irritant and provide an efficient germicide.

70      Wings

(1)     Save as provided in paragraph (4), this Article applies to –

(a)     invalid carriages;

(b)     heavy motor cars, motor cars and motor cycles, not being agricultural motor vehicles or pedestrian-controlled vehicles;

(c)     agricultural motor vehicles driven at more than 20 mph; and

(d)     trailers.

(2)     Subject to paragraphs (3) and (5), every vehicle to which this Article applies shall be equipped with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of its wheels or tracks.

(3)     The requirements specified in paragraph (2) apply, in the case of a trailer with more than 2 wheels, only in respect of the rearmost 2 wheels.

(4)     Those requirements do not apply in respect of –

(a)     a works truck;

(b)     a living van;

(c)     a water cart;

(d)     an agricultural trailer drawn by a motor vehicle which is not driven at a speed in excess of 20 mph;

(e)     an agricultural trailed appliance;

(f)      an agricultural trailed appliance conveyor;

(g)     a broken-down vehicle;

(h)     a heavy motor car, motor car or trailer in an unfinished condition which is proceeding to a workshop for completion;

(i)      a trailer used for or in connection with the carriage of round timber and the rear wheels of any heavy motor car or motor car drawing a semi-trailer so used; or

(j)      a trailer drawn by a motor vehicle the maximum speed of which is restricted at 20 mph or less under the Law.

(5)     Instead of complying with paragraph (2) a vehicle may comply with Community Directive 78/549.

71      Spray suppression devices

(1)     Save as provided in paragraph (2), this Article applies to every wheeled goods vehicle which is –

(a)     a motor vehicle first used on or after 1st January 1999 having a maximum gross weight not exceeding 12,000 kg;

(b)     a trailer manufactured on or after 1st January 1999 having a maximum gross weight exceeding 3,500 kg; or

(c)     a trailer, whenever manufactured, having a maximum gross weight exceeding 16,000 kg and 2 or more axles.

(2)     This Article does not apply to –

(a)     a motor vehicle so constructed that the driving power of its engine is, or can by use of its controls be, transmitted to all the wheels on at least one front axle and on at least one rear axle;

(b)     a motor vehicle of which no part which lies within the specified area is