Statutory Document No 673/02

THE ROAD TRAFFIC ACT 1985

The Road Vehicles (Maintenance and Use) Regulations 2002

Price £8.00: Price Band J THE ROAD TRAFFIC ACT 1985

The Road Vehicles (Maintenance and Use) Regulations 2002

ARRANGEMENT OF REGULATIONS

PART I - PRELIMINARY

1. Citation and commencement 2. Revocation 3. Interpretation 4. Application and exemptions 5. Consumer Protection (Trade Descriptions) Act 1970

PART II - MAINTENANCE REQUIREMENTS

6. Brakes, steering gear, tracks, windscreen washers and wipers 7. Braking efficiencies of agricultural vehicles 8. Glass or other transparent material 9. Mirrors 10. Speedometers 11. Seat belts and anchorage points etc 12. Miscellaneous components and devices 13. Silencers

PART III - REQUIREMENTS RELATING TO USE ON ROADS

A - GENERAL

14. General 15. Unsafe alterations

B - CONTROL OF NOISE

16. Avoidance of excessive noise - general 17. Avoidance of excessive noise - motor cycles 18. Stopping engine and other machinery when stationary 19. Warning of approach or position (fitments) 20. Warning of approach or position (use requirements) 21. Warning of theft or emergency

2 22. Reversing alarms 23. Boarding-aid alarms

C - CONTROL OF OTHER EMISSIONS

24. Environmental pollutants 25. Closets etc

D - TYRES

26. Approval marks 27. Condition of tyres (other than tyre tread depth and pattern) 28. Tyre tread depth and pattern 29. Tyre loads 30. Mixing of tyres 31. Temporary use spare tyres 32. Recut tyres 33. Slick tyres 34. Tyre repairs

E - TRACKS

35. Condition of tracks

F - TRAILERS.

36. Number 37. Trailers drawn by motor cycles 38. Braking systems of trailers drawn by agricultural motor vehicles 39. Application of brakes on trailers 40. Electrical connection between a drawing vehicle and trailer for the purpose of ABS 41. Distance between vehicles and trailers 42. Use of secondary coupling on light trailers 43. Unbraked trailers 44. Use of bridging plates between motor vehicles and trailers 45. Leaving trailers at rest 46. Passengers in trailers

G - MINIBUSES AND BUSES

47. Fire extinguishing apparatus on minibuses 48. First aid equipment on minibuses

3 49. Carriage of dangerous substances on minibuses 50. Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances

H - TAXIS AND CERTAIN OTHER HIRE CARS

51. Supplementary provision for taxis and certain other hire cars

I - SIDECARS

52. Sidecars

J - FUEL

53. Unleaded petrol

K - USE OF GAS PROPULSION SYSTEMS, GAS-FIRED APPLIANCES AND GAS WARNING SIGNS

54. Use of gas propulsion systems 55. Use of gas-fired appliances - general 56. Use of gas-fired appliances when a vehicle is in motion 57. Use of gas warning signs on vehicles propelled by liquefied petroleum gas

L - AVOIDANCE OF DANGER

58. Parking in darkness 59. Passengers on motor cycles 60. Obstruction 61. Driver's control 62. Opening of doors 63. Reversing 64. Leaving motor vehicles unattended 65. Securing of suspended implements 66. Mascots 67. Television sets 68. Mobile telephones

M - REPLACEMENT BRAKE LININGS

69. Replacement brake linings

PART IV - PLATES, WEIGHTS, MARKINGS, DIMENSIONS, TESTING AND INSPECTION

A - PLATES

70. Manufacturers' plates 71. Ministry plates 72. Department plates and Department discs 73. VIN plates and markings 74. Plates for agricultural trailed appliances 75. Motor cycle plates 76. Goods vehicle maximum speed notices and plates

B - WEIGHTS

77. Restrictions on weights of plated vehicles 78. Restrictions on weights of unplated vehicles and of vehicles with unplated weights 79. Weights requiring road-friendly suspension or 30 mph speed limit

C - MARKINGS

80. Marking of unladen weight on certain motor vehicles 81. Marking of date of manufacture and maximum gross weight on certain light trailers

D - DIMENSIONS

82. Length 83. Forward and rearward projections of load 84. Width 85. Lateral projections of load 86. Height 87. Indication of overall travelling height 88. Overhang 89. Minimum ground clearance 90. Turning circle - articulated vehicles other than those incorporating a car transporter, low loader, stepframe low loader or semi-trailer of exceptional length 91. Turning circle - articulated vehicles incorporating a car transporter other than a low loader or stepframe low loader 92. Turning circle - buses 93. Turning circle - heavy motor cars

E - TESTING AND INSPECTION

94. Testing and inspection

SCHEDULES

1. Regulations revoked by Regulation 2 2. Community Directives and ECE Regulations 3. Braking efficiencies of agricultural motor vehicles 4. Fire extinguishing apparatus and first aid equipment for minibuses 5. Taxis and certain other hire cars - supplementary requirements 6. Gas systems and gas-fired appliances 7. Gas warning signs on vehicles propelled by liquefied petroleum gas 8. Replacement brake linings 9. Manufacturers' plates 10. Department plates and Department discs 11. Motor cycle plates 12. Goods vehicle maximum speed plates 13. Certain weights not to be exceeded in the Island by vehicles of certain classes 14. Conditions to be complied with in relation to long vehicles or long vehicle combinations and in relation to vehicles with forward, rearward or lateral projections of load

6 Statutory Document No 673/02

THE ROAD TRAFFIC ACT 1985

The Road Vehicles (Maintenance and Use) Regulations 2002

Approved by Tynwald 21st November 2002

Coming into operation 1st April 2003

In exercise of the powers conferred on the Department of Transport by paragraphs 1, 2 and 6E of Schedule 2 to the Road Traffic Act 19851, and of all other enabling powers, the following regulations are hereby made:-

PART I - PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Road Vehicles (Maintenance and Use) Regulations 2002 and, subject to section 74(3) of the Road Traffic Act 1985, shall come into operation on 1st April 2003.

Revocation

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

Interpretation

3. (1) In these Regulations, unless the context otherwise requires, the expressions specified in column 1 of the Table have the meaning, or are to be interpreted in accordance with the provisions, specified for them in column 2 of the Table.

1 1985 c. 23

7 TABLE (Regulation 3(1))

1 2 Expression Meaning

The Act The Road Traffic Act 1985.

The Registration Act The Licensing and Registration of Vehicles Act 19852.

The Regulation Act The Road Traffic Regulation Act 19853.

The Construction, The Road Vehicles (Construction, Equipment and Weights) Regulations 20024. Equipment and Weights Regulations

The Construction and Use The Road Vehicles (Construction and Use) Regulations 19865. Regulations

The Lighting Regulations The Road Vehicles Lighting Regulations 19896 as they have effect with modifications in the Island by virtue of the Road Vehicles Lighting (Application) Regulations 19987.

ABS An anti-lock braking system, being a part of a service braking system, which automatically controls the degree of slip, in the direction of rotation of the wheel or wheels, on one or more wheels of a vehicle during braking. agricultural motor vehicle A motor vehicle which –

(a) is constructed or adapted for use off roads for the purpose of agriculture, horticulture or forestry; and

(b) is primarily used for one or more of those purposes,

not being a dual-purpose vehicle. agricultural plate A plate affixed to an agricultural trailed appliance in accordance with Regulation 74. agricultural trailer A trailer which -

(a) is constructed or adapted for the purpose of agriculture, horticulture or forestry; and

(b) is used for only one or more of those purposes,

including an agricultural trailed appliance and an agricultural trailed appliance conveyor.

2 1985 c. 21 3 1985 c. 20 4 SD 674/02 5 SI 1986/1078 6 SI 1989/1796 7 SD 347/98

agricultural trailed An implement, being an agricultural trailer, which has, except in the case of a vehicle appliance manufactured before 1st December 1985 or a towed roller, a maximum gross weight not exceeding twice its unladen weight and, without prejudice to the generality of the foregoing, may comprise a semi-mounted implement of which -

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

(b) part of the weight is supported by one or more of its own wheels. agricultural trailed An agricultural trailer which - appliance conveyor (a) has an unladen weight not exceeding 510 kg;

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

(d) is designed and constructed for the purpose of conveying one agricultural trailed appliance or one agricultural, horticultural or forestry implement. articulated vehicle A heavy motor car or motor car with a trailer so attached that part of the trailer is superimposed on the drawing vehicle, which, when the trailer is uniformly loaded, bears not less than 20 per cent of the weight of the trailer's load. axle Any reference to the number of axles of a vehicle is to be interpreted in accordance with the provisions of paragraph (6). axle interspace (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 half way 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 half way 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 half way between the centre of the foremost and rearmost of those axles. axle weight Subject to the provisions of paragraph (6), the sum of the weights transmitted to the road surface by all the wheels of an axle of a vehicle. boarding-aid alarm An alarm fitted to a vehicle and designed to warn persons that a power-operated lift or ramp fitted to the vehicle is in operation and is being used by wheelchair users boarding or alighting from it. braking efficiency The maximum braking force capable of being developed by the brakes of a vehicle, when expressed as a percentage of the weight of the vehicle including any persons or load carried in the vehicle. braking system For the purpose of these Regulations a brake drum and a brake disc shall be deemed to form part of the wheel and not part of the braking system.

9 breadth of tread The breadth of that part of a tyre which can be in contact with the road under normal conditions of use measured at 90 degrees to the peripheral line of tread. bridging plate Any plate, whether rigid or movable, -

(a) fitted to a trailer constructed for the purpose of carrying other vehicles; and

(b) designed to bridge the gap between that trailer and a motor vehicle constructed for that purpose,

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. bus A motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver. car transporter A trailer which is constructed and normally used for the purpose of carrying at least two other wheeled vehicles. cc Cubic centimetre(s). child restraint 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. close-coupled In relation to wheels on the same side of a trailer, fitted so that -

(a) at all times while the trailer is in motion they remain parallel to the longitudinal axis of the trailer; and

(b) the longitudinal distance between the centres of their respective areas of contact with the road does not exceed 1 m. cm Centimetre(s). coach A motor vehicle which –

(a) is constructed or adapted to carry more than sixteen seated passengers in addition to the driver;

(b) is not intended to be used by standing passengers; and

(c) has a maximum gross weight exceeding 7.5 tonnes. combination of vehicles In relation to a motor vehicle drawing one or more trailers, the motor vehicle and the trailer or trailers drawn by it (including any other motor vehicle which is used for the purpose of assisting in the propulsion of the trailer or trailers on a road).

Community Directive, The Directive adopted by the Council or the Commission of the European Communities, followed by a number the identifying particulars of which are given in the item in column 3 of Table I in Schedule 2 in which that number appears in column 2; and where that Directive amends a previous Directive mentioned in column 3(d) of the Table, the reference to the amending Directive includes a reference to the previous Directive as so amended.

10 composite trailer A combination of a converter dolly and a semi-trailer. container An article of equipment (not being a motor vehicle or trailer) having a volume of at least eight cubic metres, constructed wholly or mostly of metal, and intended for repeated use for the carriage of goods or burden. converter dolly (a) a trailer which -

(i) is equipped with two or more wheels,

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

(b) a trailer which -

(i) is equipped with two or more wheels,

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

(iv) is used solely for the purposes of agriculture, horticulture or forestry, or for any two or for all of those purposes. deck A floor or platform on which seats are provided for the accommodation of passengers.

Department The Department of Transport.

Department plate A plate complying with Regulation 72(1)(a), (b) and (c). disabled person’s seat belt 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. double-decked vehicle A vehicle with two 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.

11 dual-purpose vehicle A vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle which has an unladen weight not exceeding 2040 kg, and which either -

(i) 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

(ii) satisfies the following conditions as to construction, namely -

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

(b) the area of the vehicle to the rear of the driver's seat must -

(i) be permanently fitted with at least one row of transverse seats (fixed or folding) for two 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

(ii) 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 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and

(c) 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 sub-paragraph (b)(i) (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 The Regulation, annexed to the Agreement concerning the adoption of uniform by a number conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded by members of the United Nations' Economic Commission for Europe at Geneva on 20th March 1958 (Cmnd 2535) as amended (Cmnd 3562), the identifying particulars of which are given in the item in column (3)(a), (b) and (c) of Table II in Schedule 2 in which that number appears in column (2); and where that number contains more than two digits, it refers to that Regulation with the amendments in force at the date specified in column (3)(d) in that item.

EEA State 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.

12 engineering plant Either -

(a) movable plant or equipment which –

(i) is a motor vehicle or trailer specially designed and constructed for the special purposes of engineering operations,

(ii) cannot, owing to the requirements of those purposes, comply in all respects with the requirements of the Construction, Equipment and Weights Regulations and of these Regulations, and

( iii) is not constructed primarily to carry a load other than 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 the Construction, Equipment and Weights Regulations and of these Regulations. exhaust system 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. extreme lateral projecting A point from which the overall width of a vehicle is calculated in accordance with the point definition of "overall width" in this Table. first used The expression is to be interpreted in accordance with the provisions of paragraph (3). foremost point In relation to a vehicle, the extreme forward projecting point of the vehicle, being a point from which the overall length of the vehicle is calculated in accordance with the definition of "overall length" in this Table. forward projection (a) in relation to a load carried in such a manner that its weight is borne by only one vehicle, the part of the load which extends beyond the foremost point of the vehicle;

(b) in relation to a load carried in such a manner that part of its weight is borne by more than one vehicle, the part of the load which extends beyond the foremost point of the foremost vehicle by which the load is carried; and

(c) in relation to a special appliance or apparatus, the part of the appliance or apparatus which, if it were deemed to be a load carried by a vehicle, would be the part of the load extending beyond the foremost point of the vehicle,

and for the purposes of paragraph (c) "vehicle" does not include any special apparatus or appliance or any part thereof. forward-facing passenger A forward-facing seat which is not the driver’s seat. seat

forward-facing seat 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 degrees or less to the longitudinal axis of the vehicle. gangway The space which -

(a) is provided for obtaining access from any entrance to the passengers' seats or from any such seats to an exit other than an emergency exit; and

(b) excludes a staircase and any space in front of a seat or a row of seats which is required only for the use of a passenger or passengers occupying that seat or row. gas-fired appliance A device, carried on a motor vehicle or trailer when in use on a road, which consumes gas and which is not -

(a) a device owned or operated by or with the authority of a public gas supplier for the purpose of detecting gas;

(b) an engine for the propulsion of a motor vehicle; or

(c) a lamp which consumes acetylene gas. goods vehicle A motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description. gritting trailer 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 Either -

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

(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. heavy motor car A mechanically propelled vehicle, not being a locomotive, a motor tractor or a motor car, which is constructed itself to carry a load or passengers and which has an unladen weight exceeding 2540 kg. horn 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. indivisible load A load which -

(a) cannot without undue expense or risk of damage be divided into two or more loads for the purpose of conveyance on a road; or

(b) consists of a combination of loads, each of which would fall into paragraph (a) were it not for this paragraph.

14 invalid carriage A mechanically propelled vehicle which -

(a) has an unladen weight not exceeding 254 kg;

(b) is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability; and

(a) in the case of a motor vehicle,

(i) no person, and

(ii) a full supply of fuel in its tank, an adequate supply of other liquids incidental to its propulsion, and no load other than the loose tools and equipment with which it is normally equipped; and

(b) in the case of a trailer, no person and is otherwise unladen. kg Kilogram(s). km/h Kilometre(s) per hour. lateral projection In relation to a load carried by a vehicle, the part of the load which extends beyond a side of the vehicle, where the width of the lateral projection is to be taken as the distance between longitudinal planes passing through the extreme lateral projecting point of the vehicle on that side on which the projection lies and that part of the projection farthest from that point. leaded petrol Any petrol, the lead-compound content of which, as calculated in terms of lead, does not exceed 0.40 grams of lead per litre and does not fall below 0.15 grams of lead per litre. length In relation to a forward projection or a rearward projection, the length as measured between transverse planes passing -

(a) in the case of a forward projection, through the foremost point of the vehicle from which the projection extends and the part of the projection farthest from that point; and

(b) in the case of a rearward projection, through the rearmost point of the vehicle from which the extension extends and the part of the projection farthest from that point,

where "vehicle" does not include any part of a special appliance or apparatus which is a forward projection or a rearward projection. light goods vehicle A goods vehicle which has a maximum gross weight not exceeding 3500 kg. light trailer A trailer with a maximum gross weight not exceeding 3500 kg.

15 liquefied petroleum gas (a) butane gas in any phase which meets the requirements contained in the specification of commercial butane and propane issued by the British Standards Institution under reference number BS 4250: 1975 and published on 29th August 1975; or

(b) propane gas in any phase which meets the requirements contained in the said specification; or

(a) is used primarily as living accommodation by one or more persons; and

(b) is not used also for the carriage of goods or burden which are not needed by such person or persons for the purpose of their residence in the vehicle. locomotive A mechanically propelled vehicle which -

(a) is not constructed itself to carry a load other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment; and

(b) has an unladen weight exceeding 7370 kg. longitudinal plane A vertical plane parallel to the longitudinal axis of a vehicle. low loader A trailer (not being a stepframe low loader) which is constructed and normally used for the carriage of engineering equipment and which is so constructed that the major part of the load platform -

(a) does not extend over or transversely between the wheels; and

(b) has an upper surface which is below the height of the topmost point of the tyres of those wheels, as measured on level ground when -

(i) any adjustable suspension is at the normal travelling height,

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

(iii) the trailer is unladen. m Metre(s). manufacturer’s plate A plate complying with Regulation 70(3) or (4). maximum gross weight The weight which a vehicle is designed or adapted not to exceed when the vehicle is travelling on a road.

16 maximum laden axle In relation to an axle, the weight which the axle is not permitted to exceed when a weight vehicle is travelling on a road laden. maximum speed 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 laden In relation to a vehicle, the weight which the vehicle is not permitted to exceed when weight travelling on a road laden. maximum train weight In relation to a motor vehicle, the combined laden weight of the vehicle and of any trailer drawn by it, being a weight which the combination of vehicles is not permitted to exceed when travelling on a road laden. minibus A motor vehicle which is constructed or adapted to carry more than eight but not more than sixteen seated passengers in addition to the driver. minimum ground clearance In relation to a trailer, the shortest distance between the ground and the lowest part of the trailer (excluding any air skirt, any wheel, and, without prejudice to those exceptions, any part of a braking, steering or suspension system attached to any axle) which lies within the area formed by its overall width and the middle 70% of the axle interspace, and for the purpose of ascertaining such a distance the trailer shall -

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

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

Ministry plate A plate affixed to a vehicle in accordance with Regulation 70 of the Construction and Use Regulations. mm Millimetre(s). motor ambulance 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 car A mechanically propelled vehicle, not being a motor tractor, a motor cycle or an invalid carriage, which -

(a) is constructed itself to carry a load or passengers; and

(b) has an unladen weight which -

(i) if it is constructed solely for the carriage of passengers and their effects and is adapted to carry no more than seven passengers in addition to the driver, does not exceed 3050 kg,

(ii) if it is constructed for use for the conveyance of goods or burden of any description, does not exceed 3050 kg, or

(iii) in any other case, does not exceed 2540 kg.

17 motor caravan 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 A mechanically propelled vehicle, not being an invalid carriage, which has -

(a) fewer than four wheels; and

(b) an unladen weight not exceeding 410 kg. motor tractor A mechanically propelled vehicle which -

(b) has an unladen weight not exceeding 7370 kg. motor vehicle A mechanically propelled vehicle intended or adapted for use on roads. mph Miles(s) per hour. original tread pattern (a) in the case of a retreaded tyre, the tread pattern of the tyre immediately after the tyre was retreaded;

(b in the case of a wholly recut tyre, the manufacturer's recut tread pattern;

(c) in the case of a partially recut tyre, on that part of the tyre which has been recut, the manufacturer's recut tread pattern, and on the other part, the tread pattern of the tyre when new; and

(d) in the case of any other tyre, the tread pattern of the tyre when new. overall height The vertical distance from the ground to the point on the vehicle which is farthest from it, 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

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

(a) any driving mirror;

(b) any expanding or extensible contrivance forming part of a turntable fire escape fixed to the vehicle;

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

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

(f) 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;

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

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

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

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

(h) any bridging plate;

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

(j) any special appliance or apparatus which does not itself increase the carrying capacity of the vehicle;

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

(l) in the case of Regulations 82, 83, 90, 91 and 93 only, -

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

19 and any fitting designed for use in connection with any such part; or

(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 travelling height A height that is 25 mm higher than the distance between the ground and the point (measured vertically) which is farthest from it on a motor vehicle, on any trailer drawn by that vehicle, or on any load or equipment carried by or fitted to that vehicle or trailer, and for the purpose of determining the overall travelling height -

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

(b) the surface -

(i) under the motor vehicle and any trailer drawn by it, and

(ii) under any load or equipment carried by or fitted to the motor vehicle or combination of vehicles and projecting beyond any part of that vehicle or combination,

shall be reasonably flat; and

(c) any equipment fitted to the motor vehicle or any trailer drawn by it shall be stowed in the position in which it is to proceed on the road. overall width The distance between longitudinal planes passing through the extreme lateral projecting points of a vehicle inclusive of all parts of the vehicle, of any receptacle which is of a permanent character and strong enough for repeated use, and of any fitting on, or attached to, the vehicle except -

(a) any driving mirror;

(b) any snow plough fixed in front 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 Regulations;

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

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

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

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

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

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

(i) any special appliance or apparatus which does not itself increase the carrying capacity of the vehicle. overhang The distance measured horizontally and parallel to the longitudinal axis of a motor vehicle between two transverse planes passing through the following two 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 or adapted solely for the carriage of no more than nine persons inclusive of the driver and their effects, any luggage carrier fitted to the vehicle; and

(b) a point forward of the rearmost point, being -

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

(ii) in the case of a motor vehicle -

(A) having three axles of which the front axle is the only steering axle, or

(B) having four axles of which the two foremost are the only steering axles,

a point 110 mm behind the centre of a straight line joining the centre points of the two rearmost axles, and

(iii) in any other case, a point situated on the longitudinal axis of the vehicle so 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 car A motor vehicle (not being a goods vehicle, a motor ambulance or a motor caravan) which -

(a) is constructed or adapted to carry no more than eight seated passengers and a driver, together with their effects;

(b) has at least three wheels and a maximum gross weight not exceeding 3500 kg; and

21 (c) is not steered by handlebars. passenger vehicle A vehicle constructed solely for the carriage of passengers and their effects. pedestrian-controlled A motor vehicle which is controlled by a pedestrian and not constructed or adapted or vehicle used for the carriage of a driver or passenger. petrol Any volatile mineral oil intended for the operation of spark ignition engines used for the propulsion of motor vehicles. pneumatic tyre 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 subjected to any load;

(b) is capable of being inflated and deflated without being removed 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 passenger vehicle A public passenger vehicle within the meaning of the Road Transport Act 20018. public works vehicle A mechanically propelled vehicle which is used on a road by or on behalf of -

(a) a ferry undertaking;

(b) a local authority;

(d) an operator of a telecommunications code system within the meaning of paragraph 1(1) of Schedule 1 to the Telecommunications Act 198410;

(e) the Isle of Man Post Office;

(f) the Manx Electricity Authority;

(g) a public gas supplier within the meaning of section 17 of the Gas Regulation Act 199511;

(h) the Isle of Man Water Authority within the meaning of Part I of the Water Act 199112; and

(i) a sewerage undertaker.

8 2001 c. 27 9 1987 c. 13 10 1984 c. 11 11 1995 c. 7 12 1991 c. 24

22 rearmost point In relation to a vehicle, the extreme rearward projecting point of the vehicle, being a point from which the overall length of the vehicle is calculated in accordance with the definition of "overall length" in this Table. rearward projection (a) in relation to a load carried in such a manner that its weight is borne by only one vehicle, the part of the load which extends beyond the rearmost point of the vehicle;

(b) in relation to a load carried in such a manner that part of its weight is borne by more than one vehicle, the part of the load which extends beyond the rearmost point of the rearmost vehicle by which the load is carried; and

and for the purposes of paragraph (c) "vehicle" does not include any special appliance or apparatus or any part thereof. recut pneumatic tyre A pneumatic tyre in which -

(a) all or part of its original tread pattern has been cut deeper or burnt deeper; or

(b) a different tread pattern has been cut deeper or burnt deeper,

than the original tread pattern. refuse vehicle 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 (a) registered under the relevant law of any part of the British Islands in the case of a vehicle which prior to its first being brought into the Island was registered under that law; and

(b) registered under the Registration Act in any other case. relevant braking The requirement that a motor vehicle (either alone or when assisted, if a trailer is being requirement drawn, by the brakes of the trailer) has -

(a) a service braking system with a total braking efficiency -

(i) in the case of a motor vehicle drawing a trailer and meeting the requirements of Regulation 5(1), (3), (8) or (9) of the Construction, Equipment and Weights Regulations, of at least 45 per cent, and

(ii) in any other case, of at least 50 per cent; and

(b) a secondary braking system with a total braking efficiency of at least 25 per cent.

23 resilient tyre A tyre (not being a pneumatic tyre) of soft or elastic material which -

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

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

and is of such thickness and design as to minimise, as far as reasonably possible, any vibration when the vehicle is in motion and is so constructed as to be free from any defect which may in any way cause damage to the surface of a road. retreaded tyre A tyre which has been reconditioned to extend its useful life -

(a) by replacement of the tread rubber; or

(b) by replacement of the tread rubber and renovation of the sidewall rubber. reversing alarm A device fitted to a motor vehicle and designed to warn persons that the vehicle is reversing or is about to reverse. seat A seat, including any part designed for the accommodation of one adult of a continuous seat designed for the accommodation of more than one adult. seat belt 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, including, in the case of a child restraint, any special chair to which the belt is attached. secondary braking system A braking system of a vehicle applied by -

(a) a secondary means of operation independent of the service braking system; or

(b) one of the sections comprised in a split braking system. semi-trailer A trailer which is constructed or adapted to form part of an articulated vehicle including (without prejudice to the generality of the foregoing) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle. service braking system 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 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 A vehicle on which no part of a deck or gangway is vertically above another deck or gangway. single vehicle approval Single vehicle approval as defined in regulation 3(1) of the Licensing and Registration of Vehicles Regulations 200213 skip An article of equipment designed and constructed to be carried on a road vehicle and to be placed on a road or other land -

13 SD 707/02

24 (a) for the storage of materials; or

(b) for the removal and disposal of earth, rubble, waste or household or other rubbish. slick pneumatic tyre A pneumatic tyre which is manufactured with no visible tread pattern. special appliance or In relation to a vehicle, a crane or other special appliance or apparatus which is fitted to apparatus the vehicle and is a permanent or essentially permanent fixture. split braking system A braking system of a vehicle, being a system which is so designed and constructed that -

(a) it comprises two independent sections of mechanism;

(b) a failure of any part of one section (excluding the means of operation, a fixed member or a brake shoe anchor pin) will not cause a decrease in the braking force capable of being developed by the other section;

(d) the braking efficiency of either section can be readily checked. staircase A staircase by means of which passengers on a double-decked vehicle may pass to and from the upper deck of the vehicle. statutory power of removal A power conferred by or under any enactment to remove or move a vehicle from any road or from any part of a road. stepframe low loader A trailer (not being a low loader) which is constructed and normally used for the carriage of engineering equipment and which 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 as measured on level ground 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 trailer is unladen. television receiving Any cathode ray tube or liquid crystal display screen on which there can be displayed an apparatus image derived from a television broadcast, a recording, a camera or a computer. temporary use spare tyre 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. tie-bar Any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of that pattern.

25 towing implement 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 -

(a) part of that other vehicle is secured to and either rests on or is suspended from the device; and

(b) some but not all of the wheels on which that other vehicle normally runs are raised off the ground. track-laying In relation to a vehicle, so designed and constructed that the weight of the vehicle is transmitted to the road surface either by continuous tracks or by a combination of wheels and continuous tracks in such circumstances that the weight transmitted to the road surface by the tracks is not less than half the weight of the vehicle. trailer Subject to paragraph (9), a vehicle drawn by a motor vehicle. train weight In relation to any motor vehicle, the combined laden weight of the vehicle and of any trailer drawn by it. transverse plane A vertical plane at right angles to the longitudinal axis of a vehicle. tread pattern The combination of plain surfaces and grooves extending across the breadth of tread and round the entire outer circumference of the tyre, but excluding -

(a) any tie-bars or tread wear indicators;

(b) any features which are designed to wear substantially before the rest of the pattern under normal conditions of use; and

(c) other minor features. tread wear indicator Any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern and moulded between two or more features of the tread pattern for the purpose of indicating the extent to which the tread pattern is worn. two-tone horn An instrument which, when operated, automatically produces a sound which alternates at regular intervals between two fixed notes. type approval requirements Such requirements with respect to the design, construction, equipment and marking of a vehicle as are prescribed by or under the law of the United Kingdom or of any other EEA State relating to type approval, provided that the law in question of any other EEA State shall be in compliance with measures relating to type approval adopted by the European Communities. unbraked wheeled trailer Any wheeled trailer other than one which is equipped with a braking system. unladen weight The 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. unleaded petrol Any petrol, the contamination of which by lead compounds, as calculated in terms of lead, does not exceed 0.013 grams of lead per litre.

26 vehicle identification A combination of characters assigned to a vehicle by a manufacturer for the purpose of number ensuring, without the need for further information, that the vehicle's manufacturer, its place of origin, its general characteristics and its main particulars may be identified. wheeled In relation to a vehicle, so constructed that the whole weight of the vehicle is transmitted to the road surface by means of wheels. wide tyre A pneumatic tyre whose area of contact with the road surface is not less than 300 millimetres in width when measured at right angles to the longitudinal axis of the vehicle. works trailer A trailer designed for use in private premises and used on a road only -

(a) in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood; or

(b) in passing from one part of any such premises to another part or to other private premises in the immediate neighbourhood; or

(c) in connection with road works while at or in the immediate neighbourhood of the site of such works. works truck A motor vehicle designed for use in private premises and used on a road only -

(a) in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood; or

(b) in passing from one part of any such premises to another part or to other private premises in the immediate neighbourhood; or

(2) Without prejudice to sections 9 and 16 of the Interpretation Act 197614, and subject to the context, a reference in these Regulations to any legislative provision in force in the Island or in any part of the United Kingdom is a reference to that provision as from time to time amended or re-enacted with or without modification.

(3) For the purposes of these Regulations the date on which a motor vehicle is first used is, -

(a) in the case of a vehicle specified in paragraph (4), the date of manufacture; and

(b) in the case of any other vehicle which is registered, the date on which it was registered.

(4) The vehicles mentioned in paragraph (3)(a) are -

14 1976 c. 20

27 (a) a vehicle which is being or has been used under a trade licence (as defined in section 10 of the Registration Act) otherwise than for the purpose of -

(i) a demonstration or testing of the vehicle, or

(ii) delivery of the vehicle from premises of the manufacturer by whom it was made, or from premises of a vehicle distributor or dealer, to premises of a vehicle distributor, dealer, user under a hire purchase or leasing agreement, or purchaser;

(b) a vehicle which belongs or has belonged to the Crown and which is or was used for military, naval or air force purposes;

(c) a vehicle which belongs or has belonged to a visiting force or a headquarters or defence organisation to which in each case an order under section 8 of the Visiting Forces Act 195215 (an Act of Parliament), as it has effect in the Island16, applies;

(d) a vehicle which has been used on roads outside the British Islands before being imported into the British Islands; and

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

(5) For the purposes of these Regulations other than Regulations 26 to 34, any two wheels of a motor vehicle or trailer shall be regarded as one wheel if the distance laterally between the centres of the areas of contact between such wheels and the road surface is less than 460 mm.

(6) For the purposes of these Regulations other than Regulations 26 to 28 and 30 to 34, -

(a) when the number of axles of a vehicle is counted; and

(b) when the sum of the weights transmitted to the road surface by any one axle of a vehicle is determined, all the wheels of which the centres of the areas of contact with the road surface can be included between any two transverse planes less than 0.5 m apart shall be treated as constituting one axle.

(7) For the purposes of these Regulations a reference to axles being closely spaced is a reference to -

(a) two axles (not being part of a group of axles falling within sub-paragraph (b)

15 1952 c. 67 16 SI 1962/170

28 or (c)) which are spaced at a distance apart of not more than 2.5 m;

(b) three 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

(i) the number of axles for the purposes of this paragraph is to be determined in accordance with paragraph (6); and

(ii) a reference to any particular number of closely spaced axles is to be construed accordingly.

(8) For the purposes of these Regulations the distance between any two 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 when the wheels are in the same longitudinal plane.

(9) For the purposes of Regulations 36 and 82 only, a composite trailer shall be treated as one trailer.

Application and exemptions

4. (1) Save where the context otherwise requires, these Regulations apply to both wheeled vehicles and track-laying vehicles.

(2) Where a provision is applied by these Regulations 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 six months before that date.

(3) Where an exemption from, or relaxation of, a provision is applied by these Regulations 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 six months before that date.

(4) Regulations 7, 10, 12, 18 to 23, 26 to 34, 42, 44, 47, 48, 50 to 56, 66, 70 to 75, 77 to 82, 84, and 88 to 93 do not apply to a vehicle manufactured before 1st January 1906.

(5) Regulations 19 and 20(1) do not apply to a vehicle first used before 1st July 1931.

(6) Regulation 19(3)(b) does not apply to a vehicle first used before 1st August 1973.

29 (7) Regulations 25, 47, 48, 50, 53, 70 to 76, 80, 81, 86 and 88 to 93 do not apply to -

(a) a vehicle proceeding to a port or airport for export;

(b) a vehicle brought temporarily into the Island by a person resident outside the Island;

(c) a vehicle which has been purchased by a person who is temporarily resident in the Island and is or is about to be resident outside the Island and which has been zero rated with respect to Value Added Tax; or

(d) a vehicle which belongs or has belonged to a visiting force or a headquarters or defence organisation to which in each case an order under section 8 of the Visiting Forces Act 1952 (an Act of Parliament), as it has effect in the Island, applies.

(8) Regulations 82, 84 and 87 do not apply to a vehicle of a kind described in paragraph (7)(a).

(9) Regulation 19 does not apply to a vehicle described in paragraph (7)(b) or (c).

(10) Regulations 19, 77 to 79, 82, 84 and 87 do not apply to a vehicle of a kind described in paragraph (7)(d).

(11) Regulations 82, 84, 86, 87 and 90 do not apply to -

(a) a towing implement while it is attached to a vehicle drawing it, provided that it is being drawn during the hours of daylight at a speed of 20 mph or less; or

(b) a vehicle which is being drawn by a motor vehicle in the exercise of a statutory power of removal.

(12) Apart from Regulations 36, 37, 41 to 46, 54 to 67, 83 and 85, these Regulations do not apply to a vehicle being tested on a road under Part II of Schedule 2 to the Act.

(13) These Regulations do not apply to tramcars.

(14) 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.

(15) Whereas the Department is satisfied -

(a) that it is requisite that the provisions of Regulations 17, 40 and 72 shall apply as from 1st April 2003 to vehicles registered under the Registration Act before the expiration of one year from the making of these Regulations; and

30 (b) that, notwithstanding that those provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby, paragraph 2(1) of Schedule 2 to the Act shall not apply to those provisions.

Consumer Protection (Trade Descriptions) Act 1970

5. Nothing in any provision of these Regulations whereby any vehicle or any of its parts or equipment is required to be marked with a specification 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 or instrument to which the marking relates, shall be taken to authorise any person to apply any such marking to the vehicle, part or equipment in contravention of the Consumer Protection (Trade Descriptions) Act 197017.

PART II - MAINTENANCE REQUIREMENTS

Brakes, steering gear, tracks, windscreen washers and wipers

6. (1) This regulation applies to -

(a) every braking system;

(b) the means of operation of that system;

(d) the tracks (if any); and

(e) every windscreen washer and wiper, fitted to a vehicle (in this regulation referred to as "the fitments").

(2) Every part of the fitments to which this regulation applies shall be maintained in good and efficient working order and shall be properly adjusted.

(3) For the purposes of paragraph (2) any fault in an ABS fitted to a vehicle shall be disregarded if the vehicle -

(a) is completing a journey at the beginning of which the ABS was operating correctly; or

(b) is being driven to a place where the ABS is to undergo repairs.

17 Vol. XXI p.482

31 Braking efficiencies of agricultural vehicles

7. (1) The brakes of -

(a) every agricultural motor vehicle first used on or after 1st June 1986 and driven at no more than 20 mph; and

(b) every agricultural trailer -

(i) manufactured on or after 1st December 1985, and

(ii) required to be fitted with brakes by Regulation 38 of these Regulations or by Regulation 5 or 6 of the Construction, Equipment and Weights Regulations, shall be so maintained as to be capable of achieving a braking efficiency of not less than 25 per cent when the weight of the vehicle is equal to its maximum gross weight.

(2) Schedule 3 shall have effect for prescribing the braking efficiencies of wheeled agricultural motor vehicles (not being locomotives or motor tractors) which are driven at more than 20 mph.

Glass or other transparent material

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

Mirrors

9. (1) Every motor vehicle shall be fitted with the prescribed mirrors for the purpose of affording the driver an adequate view of the road and traffic to the rear while he is in control of the vehicle and in a normal driving position.

(2) Every mirror fitted to a vehicle for the purpose to which paragraph (1) refers, whether or not it is required to be fitted by that paragraph, shall -

(a) be properly adjusted for that purpose;

(b) be maintained free from any obstruction or obvious defect; and

(3) For the purposes of this regulation, -

(a) the prescribed mirrors, in relation to a vehicle, are such mirror or mirrors (if

32 any) as are prescribed for fitting to that vehicle; and

(b) the prescribed requirements, in relation to a mirror, are such requirements (if any) as are prescribed for compliance by that mirror, in accordance with Regulation 33 of the Construction and Use Regulations as if that provision applied to the vehicle or mirror in question.

(4) This regulation does not apply to a passenger car or dual-purpose vehicle in respect of which single vehicle approval has been issued.

Speedometers

10. Every instrument for indicating speed fitted to a motor vehicle in compliance with Regulation 17 of the Construction, Equipment and Weights Regulations shall -

(a) at all material times be maintained in good working order; and

(b) be kept free from any obstruction which might prevent its being easily read:

Provided that it shall be a good defence to proceedings taken in respect of a contravention of paragraph (a) of this regulation to prove that -

(i) the defect occurred in the course of a journey during which the contravention was detected, or

(ii) at the time when the contravention was detected steps had already been taken to have the defect remedied with all reasonable expedition.

Seat belts and anchorage points etc

11. (1) This regulation applies to -

(a) every seat belt with which a motor vehicle is required to be fitted in accordance with Schedule 5 to the Construction, Equipment and Weights Regulations ("the Schedule");

(b) the anchorages, fastenings, adjusting device and retracting mechanism (if any) of every such seat belt (the "fittings"); and

(c) every anchorage with which a goods vehicle is required to be provided in accordance with item 4 of the Table in paragraph 1(3) of the Schedule.

(2) The requirements specified in sub-paragraph (3) shall be complied with in relation to all seat belts, fittings and anchorages to which this regulation applies.

33 (3) The requirements are that -

(a) all load-bearing members of the vehicle structure or panelling within 30 cm 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 each 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) every seat belt and its anchorages, fastenings and adjusting device shall be maintained free from any obvious defect which would be likely to affect adversely their effectiveness;

(d) the buckle or other fastening of every 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 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 (such as 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 belt) shall be securely fastened to the anchorage points provided for them; and

(g) the ends of every disabled person's belt shall, when the belt is being used for the purpose for which it was designed and constructed, be securely fastened -

(i) to some part of the structure of the vehicle, or

(ii) 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.

(4) 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 are capable of being used.

(5) For the purposes of this regulation, the anchorages and anchorage points of a seat belt

34 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.

(6) Any expression used in this regulation and defined in the Schedule shall have the same meaning here as it has there.

Miscellaneous components and devices

12. (1) This regulation applies to every component or device which is -

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

(b) fitted to a vehicle in compliance with a provision of the Construction, Equipment and Weights Regulations specified in that item in column 3 of that Table.

TABLE (Regulation 12(1))

1 2 3 Item Component or device Provision of the Construction, Equipment and Weights Regulations requiring the fitment of the component or device 1 Springs or resilient material Regulation 12 2 Compensating arrangement for wheel loads Regulation 13 3 Motor cycle sidestand Regulation 19 4 Fuel tank Regulation 20 5 Rear under-run protective device Regulation 24 6 Sideguard Regulation 25 7 Wings Regulation 31 8 Containment device or spray-suppression Regulation 32 system

(2) Every component or device to which this regulation applies shall at all times be maintained free from any obvious defect that would be likely to affect adversely its effectiveness.

(3) An expression which is used in an item in column 2 of the Table and is defined in a provision specified in that item in column 3 of that Table has the same meaning in this regulation as it has in that provision.

Silencers

13. Every exhaust system and silencer shall be maintained in good and efficient working

35 order and shall not have been altered after the date of manufacture so as to increase the noise made by the escape of exhaust gases.

PART III - REQUIREMENTS RELATING TO USE ON ROADS

A - GENERAL

General

14. No person shall use, or cause or permit another to use, a motor vehicle or trailer on a road when -

(a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b) the purpose for which it is used, or

(d) the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer causes or is likely to cause a danger or nuisance to any person.

Unsafe alterations

15. No person shall use on a road, or cause or permit another to use thereon, a motor vehicle or trailer which has been altered in an unsafe way since its date of manufacture.

B - CONTROL OF NOISE

Avoidance of excessive noise - general

16. (1) No motor vehicle shall be used on a road in such a manner as to cause any excessive noise.

(2) Paragraph (1) shall not apply to a vehicle if -

(a) the vehicle is being used in an emergency;

(b) the vehicle's engine is being revved so as to facilitate -

36 (i) the starting of the engine or its running immediately after starting, or

(ii) the moving of the vehicle when the vehicle is immobile; or

Avoidance of excessive noise - motor cycles

17. (1) This regulation applies to -

(a) a moped; and

(b) a two-wheeled motor cycle, whether or not with a sidecar attached, when used on a road.

(2) Subject to paragraph (4), any original silencer forming part of an exhaust system of a vehicle to which this regulation applies shall be marked with the `e' mark.

(3) Subject to paragraph (4), any replacement silencer forming part of an exhaust system of a vehicle to which this regulation applies shall be marked with the `e' mark or the `BS' mark.

(4) It shall be a good defence, if proceedings are taken for a contravention of paragraph (2) or (3), to prove that -

(a) in the case of paragraph (2), the vehicle in question was first used before 1st April 2003; and

(b) in the case of paragraph (3), the replacement silencer was fitted to the vehicle before that date.

(5) No part of an exhaust system of a vehicle to which this regulation applies -

(a) shall have been indelibly or durably marked by the manufacturer of that part with the words "NOT FOR ROAD USE" or words to that effect;

(b) shall have had any such words otherwise affixed or applied to the part by the manufacturer thereof, whether in an easily removable form or not; or

(c) shall have had any such marks erased or otherwise removed from the part if the manufacturer thereof has indelibly or durably marked them thereon.

(6) For the purposes of this regulation a silencer forming part of an exhaust system of a

37 vehicle shall not be regarded as marked in accordance with paragraph (2) or (3) if -

(a) the `e' mark or the `BS' mark is so obscured by any part of the vehicle that it cannot be easily read; or

(b) that mark, or any indication given by that mark taken by itself or as read with any other mark on the silencer, is false.

(7) In this regulation, -

"`BS' mark" means the mark "BS AU 193a: 1990/T3" which is applied to a replacement silencer at the time of its manufacture and indicates that the silencer at that time complies with the British Standard specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193a: 1990;

"`e' mark" means the approval mark which is applied to a silencer at the time of its manufacture -

(a) in the case of an original silencer, in accordance with sub-paragraph 3.3 of Annex I to Community Directive 89/235, and

(b) in the case of a replacement silencer, in accordance with sub-paragraph 3.1.3 of Annex II to that Directive,

and indicates that the silencer at that time conforms with a type in respect of which approval has been granted pursuant to that instrument;

"moped" has the meaning assigned thereto in paragraph 5 of Schedule 11;

"original silencer", in relation to a vehicle, means a silencer which was fitted to the vehicle when it was manufactured; and

"replacement silencer", in relation to a vehicle, means a silencer fitted to the vehicle, not being an original silencer.

Stopping of engine and other machinery when stationary

18. (1) Save as provided in paragraph (2), the driver of every motor vehicle shall, when the vehicle is stationary, stop -

(a) the engine of that vehicle; and

(b) the action of any other machinery attached to or forming part of that vehicle, so far as may be necessary for the prevention of noise.

(2) The provisions of paragraph (1) do not apply -

(a) when the vehicle is used for ambulance, fire brigade or police purposes;

(b) when the vehicle is stationary due to the necessities of traffic;

(i) as a result of any failure or derangement thereof, or

(ii) for a purpose (other than the driving of the vehicle) for which the vehicle is designed or adapted;

(d) when the vehicle is propelled by gas produced in plant carried on the vehicle; or

(e) when the vehicle is propelled by steam.

Warning of approach or position (fitments)

19. (1) This regulation applies to -

(a) every motor vehicle (other than an agricultural motor vehicle) having a maximum speed exceeding 20 mph; and

(b) every agricultural motor vehicle being driven at a speed exceeding 20 mph.

(2) Subject to paragraph (3), every vehicle to which this regulation applies shall be fitted with a horn, not being a reversing alarm, a boarding-aid alarm or a two-tone horn.

(3) Every horn fitted to a vehicle by virtue of paragraph (2) shall -

(a) at all times be maintained in good working order; and

(b) when operated, emit a sound that is continuous and uniform but not strident.

(4) Except as provided in paragraph (5), no motor vehicle shall be fitted with a bell, gong, siren or two-tone horn.

(5) The provisions of paragraph (4) shall not apply to a motor vehicle -

(a) used for ambulance, fire brigade or police purposes;

(b) owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;

(d) used for the purposes of the Blood Transfusion Service provided under the National Health Service (Isle of Man) Act 194818;

(e) used by the Isle of Man Coastguard for the purposes of aiding persons in danger or vessels in distress on or near the coast;

(f) owned by the Secretary of State for Defence and used by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations in connection with crashed aircraft or any other emergencies; or

(g) owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats.

(6) In this Regulation and in Regulations 20 and 21, references to a bell, horn, gong or siren include references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell, horn, gong or siren.

Warning of approach or position (use requirements)

20. (1) Subject to paragraph (3), no person shall sound, or cause or permit another to sound, any bell, gong, siren or two-tone horn fitted to or otherwise carried on a vehicle (whether the vehicle is in motion or not).

(2) Subject to paragraph (3), no person shall sound, or cause or permit another to sound, any horn (not being a two-tone horn) fitted to or otherwise carried on a vehicle which -

(a) is stationary at any time on a road other than at times of danger due to another moving vehicle; or

(b) is in motion between 23.30 hours and 07.00 hours in the following morning on a road in relation to which a speed limit under section 23(1) of the Regulation Act applies.

(3) Nothing in paragraph (1) or (2) shall prevent the sounding of an instrument or apparatus fitted to or otherwise carried on a vehicle at a time when -

(a) the vehicle is being used for any of the purposes specified in Regulation 19(5); and

(b) it is necessary or desirable to warn other road users of the urgency of the purposes for which the vehicle is being used.

18 Vol. XVII p. 365

40 Warning of theft or emergency

21. (1) Notwithstanding the provisions of Regulation 19(4), a motor vehicle may be fitted with a bell, gong or siren for the purpose -

(a) of raising alarm as to the theft or attempted theft of the vehicle or its contents; or

(b) of summoning help in an emergency -

(i) in the case of a bus, for the driver, the conductor or an inspector, or

(ii) in any other case, for the driver or a passenger.

(2) Every bell, gong or siren fitted by virtue of paragraph (1)(a) to a motor vehicle first used before 1st January 1999, and every appliance fitted to a motor vehicle first used on or after 1st October 1982 and before 1st January 1999 so as to cause a horn (not being a two- tone horn) to sound for the purpose mentioned in paragraph (1)(a), shall be fitted with a device designed to stop the bell, gong, siren or horn from emitting noise for a continuous period of more than five minutes; and every such device shall at all times be maintained in good working order.

(3) No bell, gong or siren shall be fitted to a motor vehicle first used on or after 1st January 1999 for the purpose mentioned in paragraph (1)(a).

(4) Every appliance fitted to a motor vehicle first used on or after 1st January 1999 so as to cause a horn or other instrument to sound for the purpose mentioned in paragraph (1)(a) shall comply with the requirements set out in paragraph (5).

(5) The requirements mentioned in paragraph (4) are that the appliance -

(a) shall be fitted with a device designed to stop the sound continuing for more than thirty seconds, and every such device shall at all times be maintained in good working order; and

(b) shall not repeat the noise mentioned in sub-paragraph (a) unless that noise is required to prevent a further theft or a further attempted theft of the vehicle or its contents.

(6) Nothing in Regulation 20 shall prevent a bell, gong, siren or horn from being sounded for a purpose specified in paragraph (1)(a) or (b).

Reversing alarms

22. (1) Notwithstanding the provisions of Regulation 19, a reversing alarm may be fitted to

41 a goods vehicle having a maximum gross weight of not less than 2000 kg, a bus, engineering plant, a refuse vehicle or a works truck.

(2) Subject to paragraph (3), and notwithstanding the provisions of Regulation 20, a reversing alarm may be sounded when -

(a) the vehicle to which it is fitted is moving backwards or is about to move backwards; and

(b) its engine is running.

(3) No person shall sound, or cause or permit another to sound, any reversing alarm fitted to a vehicle unless -

(a) the vehicle is of a kind to which paragraph (1) refers;

(b) the sound of the alarm is unlikely to be confused with a sound emitted in the operation of a pedestrian crossing established, or having effect as if established, under part II of the Regulation Act; and

Boarding-aid alarms

23. (1) Notwithstanding the provisions of Regulation 19, a boarding-aid alarm may be fitted to a bus.

(2) Subject to paragraph (3), and notwithstanding the provisions of Regulation 20, a boarding-aid alarm fitted to a bus may be sounded if wheelchair users are using a power- operated lift or ramp fitted to the bus for the purpose of boarding or alighting from it.

(3) No person shall sound, or cause or permit another to sound, any boarding-aid alarm fitted to a bus unless the requirements of Regulation 22(3)(b) and (c) are met as if they applied to the alarm.

C - CONTROL OF OTHER EMISSIONS

Environmental pollutants

24. (1) No person shall use, or cause or permit another to use, any motor vehicle on a road when any smoke, visible vapour, toxic gases, grit, sparks, ashes, cinders or oily substance is emitted from that vehicle to an excessive extent.

(2) Paragraph (1) shall not apply to a vehicle if -

42 (a) the vehicle is being used in an emergency; or

(b) the vehicle's engine is being revved, or the vehicle's cold starting device is being used, so as to facilitate -

(i) the starting of the engine or its running immediately after starting, or

(ii) the moving of the vehicle when the vehicle is immobile.

Closets etc

25. No wheeled vehicle first used on or after 1st April 1934 shall be equipped with any closet or urinal which can discharge directly on to a road.

D - TYRES

Approval marks

26. (1) Save as provided in paragraph (2), this regulation applies to a vehicle which is -

(a) a dual-purpose vehicle;

(b) a motor cycle; or

(c) a motor vehicle, being a goods vehicle or a passenger vehicle, first used on or after 1st January 1933, and to a trailer manufactured on or after 1st July 1932.

(2) This regulation does not apply to -

(a) engineering plant;

(b) a locomotive or motor tractor;

(d) a works trailer that is drawn at a speed not exceeding 18 mph;

(e) a works truck; or

(f) a motor vehicle with a maximum speed not exceeding 30 mph or a trailer drawn by such a vehicle, not being in either case -

(i) an agricultural motor vehicle or an agricultural trailer, or

(ii) a vehicle of a class described in sub-paragraph (a), (b), (c), (d) or (e).

(3) Save as provided in paragraph (4), every wheel of a vehicle to which this regulation applies shall be fitted with -

(a) a tyre (not being a retreaded tyre) marked with an `E' or `e' mark; or

(b) a retreaded tyre bearing the `BS' mark but no `E' or `e' mark:

Provided that it shall be a good defence to proceedings taken in respect of a contravention of this paragraph to prove that the wheel in question was fitted with its tyre before 1st January 1999.

(4) Paragraph (3) does not apply to a wheel fitted with -

(a) a resilient tyre or a slick pneumatic tyre;

(b) a bias-belted tyre or a diagonal-ply tyre;

(c) a tyre which is constructed solely for use on a vehicle for the purposes of tests or trials of the tyre and is being used by or on behalf of its manufacturer for those purposes;

(d) a tyre bearing one of the following tyre-size designations, namely: 185R16, 125R400, 135R400, 145R400, 155R400, 165R400, 175R400 or 185R400, being a mark that was moulded on to or into the tyre at the time of manufacture;

(e) a tyre of speed category Q if the tyre is fitted to the wheel of a goods vehicle (being a vehicle with a maximum gross weight exceeding 3500 kg) or a bus;

(f) a tyre (not being a tyre to which sub-paragraph (g) refers) which is designed so as to be capable of being fitted to a wheel of an agricultural motor vehicle or agricultural trailer and is used at a speed not exceeding 20 mph; or

(g) a tyre which -

(i) is designed so as to be capable of being fitted to a wheel of an agricultural motor vehicle or agricultural trailer,

(ii) 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,

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

(iv) is used in the circumstances specified in paragraph (5).

(5) A tyre is used in the circumstances mentioned in paragraph (4)(g)(iv) when -

(a) the vehicle is driven or drawn at a speed that does not exceed the speed indicated by the speed category symbol or 50 mph (whichever is the lower); and

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

(6) In this regulation, -

"bias-belted tyre" and "diagonal-ply tyre" have the meanings given to those expressions in Regulation 30;

"`BS' mark" means the mark `BS AU 144e' which is applied to a tyre at the time of retreading and indicates that the tyre at that time complies with the requirements of the British Standard Automobile Series: Specification for retreaded car and commercial vehicle tyres published by the British Standards Institution under reference BS AU 144c: 1988 on 30th September 1988 as amended by Amendment No. 1 (reference AMD 6592) published on 31st August 1990 and by Amendment No. 2 (reference AMD 7506) published on 15th December 1992;

"`E' or `e' mark" means an approval mark of a description specified in ECE Regulation 30, 30.01, 30.02, 54, 64 or 75 or in Community Directive 92/23 or 2001/43 which is applied to a tyre at the time of manufacture and indicates that the tyre at that time conforms with a type in respect of which approval has been granted pursuant to that instrument;

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

Condition of tyres (other than tyre tread depth and pattern)

27. (1) Save as provided in paragraphs (2), (3) and (4), no person shall use on a road, or cause or permit another to use thereon, a pneumatic tyre fitted to a wheel of a motor vehicle or trailer unless -

(a) the tyre is suitable having regard to the use to which the motor vehicle or

45 trailer is being put or to the types of tyres fitted to its other wheels;

(b) the tyre is so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c) the tyre has no cut in excess of 25 mm or 10 per cent 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 no lump, bulge or tear caused by separation or partial failure of its structure;

(e) the tyre has none of the ply or cord exposed; and

(f) the tyre is maintained in such a condition as to be fit for the use to which the motor vehicle or trailer is being put or has no defect which might in any way cause damage to the surface of the road or danger 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 that a wheel of the vehicle or trailer is fitted with a tyre which is deflated or not fully inflated and which fails to comply with paragraph (1)(c), (d) or (e), provided that 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) shall not be construed as applying to a temporary use spare tyre fitted to a wheel of a passenger vehicle (not being a bus) unless the vehicle is driven at a speed exceeding 50 mph.

(4) Nothing in paragraph (1)(a) to (e) shall apply to -

(a) a tyre which is designed so as to be capable of being fitted to a wheel of an agricultural motor vehicle or agricultural trailer and is used at a speed not exceeding 20 mph; or

(b) a tyre fitted to a wheel of 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.

Tyre tread depth and pattern

28. (1) A pneumatic tyre fitted to a wheel of a motor vehicle or trailer shall, if the vehicle is of a class specified in an item in column 2 of the following Table, comply with such requirements relating to tyre tread depth and pattern as are prescribed in that item in column

46 3, subject to the exemptions shown in that item in column 4.

TABLE (Regulation 28(1))

1 2 3 4 Item Class of vehicle Prescribed requirements Exemptions as to tyre tread depth and pattern 1 A motor vehicle or trailer, being The grooves of the tread pattern (i) a tyre which is designed - of the tyre shall have a depth of so as to be capable of being at least 1.6 mm throughout a fitted to a wheel of an (a) a passenger vehicle continuous band comprising the agricultural motor vehicle or (other than a motor central three-quarters of the agricultural trailer and is used at cycle) constructed or breadth of tread and encom- a speed not exceeding adapted to carry no passing the entire outer 20 mph; more than eight seated circumference of the tyre. passengers in addition (ii) a tyre fitted to a wheel to the driver; of a broken down vehicle or a vehicle proceeding to a place (b) a dual-purpose vehicle; where it is to be broken up, being drawn, in either case, by (c) a light goods vehicle; a motor vehicle at a speed not or exceeding 20 mph;

(d) a light trailer not (iii) a tyre fitted to a wheel falling within sub- of a pedestrian-controlled paragraph (c), works truck.

first used on or after 1st January 1933. 2 A motor vehicle or trailer not Either - (i) a tyre to which paragraph falling within item 1. (i), (ii) or (iii) in column 4 of (a) the grooves of the tread item 1 refers; pattern of the tyre shall have a depth of not less than 1 mm (ii) a tyre fitted to a wheel of throughout a continuous band a three-wheeled motor cycle if comprising at least three- the vehicle's unladen weight quarters of the breadth of tread does not exceed 102 kg and it and encompassing the entire has a maximum speed of 12 outer circumference of the tyre; mph or less; or (iii) a tyre fitted to a wheel (b) if the grooves of the of a motor cycle with an engine original tread pattern of the tyre capacity not exceeding 50 cc. did not extend to three-quarters of the breadth of tread, all those grooves shall have a depth of not less than 1 mm.

47 3 Any motor vehicle or trailer The base of any groove which A tyre - showed in the original tread pattern of the tyre shall be (i) to which paragraph (iii) in clearly visible. column 4 of item 1 refers, or

(ii) to which paragraph (ii) in column 4 of item 2 refers.

(2) The references in this regulation to grooves are references -

(a) if a tyre has been retreaded, to the grooves which showed when the tyre was retreaded;

(b) if a tyre has been recut, to the grooves of the manufacturer's recut tread pattern;

(i) to the grooves of the manufacturer's recut tread pattern on that part which has been recut, and

(ii) to the grooves which showed on the other part when the tyre was new; and

(d) if a tyre has not been recut or retreaded, to the grooves which showed when the tyre was new.

(3) The reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to a trailer manufactured on or after 1st July 1932.

Tyre loads

29. (1) This regulation applies to every wheeled vehicle which is -

(a) an agricultural motor vehicle;

(b) a passenger vehicle;

(d) a motor vehicle being a goods vehicle; and

(e) a works truck, first used on or after 1st January 1999, and to a wheeled trailer manufactured on or after 1st July 1998.

48 (2) Each axle of a vehicle to which this regulation applies shall be fitted with tyres which, as respects strength, are designed, manufactured and maintained adequately to support the maximum laden axle weight for the axle.

(3) Paragraph (2) shall not apply to any axle of a vehicle fitted with tyres 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.

Mixing of tyres

30. (1) Save as provided in paragraph (5), no person shall use on a road, or cause or permit another to use thereon, pneumatic tyres of different types of structure fitted to the same axle of a wheeled vehicle.

(2) Save as provided in paragraph (3) or (5), no person shall use on a road, or cause or permit another to use thereon, a wheeled motor vehicle with only two axles, each of which is equipped with one or two single wheels, if -

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

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

(3) Paragraph (2) does not apply to -

(a) a vehicle to an axle of which there are fitted wide tyres not specially constructed for use on engineering plant; or

(b) a vehicle which has a maximum speed not exceeding 30 mph.

(4) Save as provided in paragraph (5), no person shall use on a road, or cause or permit another to use thereon, pneumatic tyres fitted to -

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

(b) the driven axles of a wheeled vehicle, not being steerable axles, unless all tyres fitted to the axles in question are of the same type of structure.

(5) Paragraphs (1), (2) and (4) do not prohibit the use of a temporary use spare tyre fitted to a wheel of a passenger vehicle (not being a bus) unless the vehicle is driven at a speed exceeding 50 mph.

49 (6) In this regulation -

"axle" includes -

(a) two or more stub 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 two stub axles; and

(ii) pairs in the case of more than two 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 two 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 axles" means axles through which power is transmitted from the engine of a vehicle to the wheels on those axles;

"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 stabilised 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 the foregoing provisions of this paragraph.

Temporary use spare tyres

31. No person shall use on a road, or cause or permit another to use thereon, a temporary use spare tyre fitted to a wheel of a vehicle unless either -

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

(b) the vehicle complies, -

50 (i) at the time of its first use, with ECE Regulation 64 or Community Directive 92/23; and

(ii) thereafter, with the ongoing requirements of that Regulation or Directive.

Recut tyres

32. (1) No person shall use on a road, or cause or permit another to use thereon, any recut pneumatic tyre fitted to a wheel of a motor vehicle or trailer unless -

(a) the tyre was designed for recutting and is clearly and indelibly marked by the manufacturer with the word "REGROOVABLE";

(b) no ply or cord of the tyre has been cut or exposed by the recutting process; and

(2) In this regulation "recut" and "recutting" mean "regrooved" and "regrooving" respectively.

Slick tyres

33. (1) No person shall use on a road, or cause or permit another to use thereon, any slick pneumatic tyre fitted to a wheel of a motor vehicle or trailer, being a tyre which has been cut after the date of manufacture, unless -

(a) the tyre was designed for cutting and is clearly and indelibly marked by the manufacturer with the word "GROOVABLE";

(b) no ply or cord of the tyre has been cut or exposed by the cutting process; and

(c) to the extent that the tyre has been cut, it has been cut in the tread pattern prescribed by the manufacturer for that tyre.

(2) In this regulation "cut" and "cutting" mean "grooved" and "grooving" respectively.

Tyre repairs

34. (1) If a pneumatic tyre fitted to a wheel of a motor vehicle or trailer has been repaired, -

(a) it must have been properly repaired; and

(b) without prejudice to sub-paragraph (a), it must meet the requirements of

51 paragraph 7 of BS AU 159e: 1990 (which include marking requirements) and the requirements of paragraphs 3, 4, 5 and 6 of that instrument must have been met in relation to the repair:

Provided that it shall be a good defence to proceedings taken in respect of a contravention of paragraph (1) to prove that the repair in question -

(i) was carried out before 1st January 1999, or

(ii) was effected outside the Island.

(2) This regulation does not apply to -

(a) a tyre designed primarily for fitting to a wheel of a vehicle manufactured before 1st January 1933;

(b) a tyre of the limited run-flat type; or

(c) a tyre designed so as to be capable of being fitted to a wheel of an agricultural motor vehicle or an agricultural trailer.

(3) In this regulation, "BS AU 159e: 1990" means the British Standard Automobile Series: Specification for repairs to tyres for motor vehicles used on the public highway published by the British Standards Institution under reference BS AU 159d: 1990 as amended by Amendment No. 1 (reference AMD 8216) published on 15th June 1994.

E - TRACKS

Condition of tracks

35. No person shall use, or cause or permit another to use, a track-laying vehicle on a road if the condition of the tracks is such that the use of the vehicle causes or is likely to cause damage to the surface of the road or danger to any person.

F - TRAILERS

Number

36. (1) No trailer shall be drawn on a road by a vehicle of a class specified in an item in column 2 of the Table unless the trailer or trailers are of a number and description specified in that item in column 3.

(2) For the purposes of items 3, 4, 5 and 6 of the Table -

52 (a) an unladen articulated vehicle, when being drawn by another motor vehicle because it has broken down, shall be treated as a single trailer; and

(b) a towed roller used for the purposes of agriculture, horticulture or forestry and consisting of several separate rollers shall be treated as one agricultural trailer.

(3) No trailer shall be drawn on a road by a track-laying motor vehicle exceeding 8 m in overall length unless the trailer is a broken down vehicle which is being drawn in consequence of a breakdown.

(4) For the purposes of this regulation, the word "trailer" does not include a vehicle drawn by a steam-powered vehicle and used solely for carrying water for the purposes of the drawing vehicle.

TABLE (Regulation 36(1))

1 2 3 Item Class of vehicle Number and description of permitted trailers 1 An invalid carriage - 2 A bus not being a minibus (a) 1 broken down bus where no person other than the driver is carried in either vehicle; or

(b) 1 trailer. 3 A locomotive Not exceeding 3 trailers. 4 A motor tractor (a) 1 trailer; or

(b) not exceeding 2 trailers if neither is laden. 5 A heavy motor car or a motor car not (a) not exceeding 2 trailers if one of them is a towing described in item 2 implement and part of the other is secured to and rests on or is suspended from that implement; or

(b) 1 trailer in any other case. 6 An agricultural motor vehicle (a) as respects trailers other than agricultural trailers, such trailers as are permitted under item 3, 4 or 5 above, as the case may be, depending on the application of that item to them; or

(b) as respects agricultural trailers, not exceeding 2 agricultural trailers, one of which must be unladen.

Trailers drawn by motor cycles

37. (1) Save as provided in paragraph (2), no person shall use on a road, or cause or permit another to use thereon, a motor cycle which -

(a) draws behind it more than one trailer;

(b) draws behind it any trailer carrying a passenger;

(d) in the case of a two-wheeled motor cycle with a sidecar attached, draws behind it any trailer having an overall width exceeding 1.5 m; or

(e) in the case of a two-wheeled motor cycle without a sidecar attached, draws behind it any trailer unless -

(i) the trailer has an overall width not exceeding 1 m;

(ii) the distance between the rear axle of the motor cycle and the rearmost part of the trailer does not exceed 2.5 m;

(iii) the motor cycle is clearly and indelibly marked in a conspicuous and readily accessible position with its kerbside weight;

(iv) the trailer is clearly and indelibly marked in a conspicuous and readily accessible position with its unladen weight; and

(v) the laden weight of the trailer does not exceed 150 kg or two- thirds of the kerbside weight of the motor cycle, whichever is the less.

(2) The provisions of paragraph (1)(b), (d) and (e) do not apply if the trailer is a broken down motor cycle and one passenger is riding it.

Braking systems of trailers drawn by agricultural motor vehicles

38. (1) No person shall use on a road, or cause or permit another to use thereon, a wheeled agricultural motor vehicle drawing one or more wheeled trailers when the unladen weight of the drawing vehicle is less than a quarter of the gross weight of the trailer or trailers unless -

(a) each trailer has a braking system which complies with -

(i) the construction, fitting and performance requirements referred to in Regulation 5(1), (3), (8) or (9) of the Construction, Equipment and Weights Regulations, or

(ii) the requirements referred to in Regulation 6(5) or (6) of those Regulations,

notwithstanding that the trailer may be exempted from having such a system by Regulation 5(4) or 6(4) thereof; and

(b) the brakes comprised in that system are operated directly by the service braking system fitted to the motor vehicle.

(2) No person shall use on a road, or cause or permit another to use thereon, any motor vehicle drawing an agricultural trailer of which -

(a) more than 35% of the gross weight is borne by the drawing vehicle; or

(b) the maximum gross weight exceeds 14,230 kg, unless that trailer is fitted with a braking system as mentioned in paragraph (1)(a) and (b).

(3) No person shall use on a road, or cause or permit another to use thereon, an agricultural trailer manufactured on or after 1st July 1998, and drawn by a motor vehicle first used on or after 1st January 1999, unless the brakes comprised in any braking system required by Regulation 5 of the Construction, Equipment and Weights Regulations to be fitted to the trailer -

(a) are subject to a means of operation mounted on the drawing vehicle and can be applied progressively by the driver of the drawing vehicle from his normal driving position without adverse effect on his proper control of that vehicle; or

(b) automatically come into operation on the over-run of the trailer.

Application of brakes on trailers

39. (1) Save as provided in paragraph (2), and without prejudice to Regulation 38(3), no trailer shall be drawn by a motor vehicle unless the driver (or, in the case of a locomotive, one of the persons employed in driving or tending the locomotive) is in a position to operate readily, not only the brakes of the motor vehicle, but also such brakes (if any) as are required to be fitted to the trailer by -

(a) Regulation 38(1) or (2); or

(b) Regulation 5 or 6 of the Construction, Equipment and Weights Regulations.

(2) This regulation does not apply to a trailer when -

(a) a person other than the driver of the motor vehicle (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 is competent, to apply efficiently any such brakes as are so required to be fitted to the trailer;

(b) the trailer, in compliance with a provision referred to in paragraph (1)(a) or

55 (b), is fitted with brakes which automatically come into operation on the overrun of the trailer; or

(c) the trailer 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.

Electrical connection between a drawing vehicle and trailer for the purpose of ABS

40. (1) This regulation applies to a combination of a goods vehicle and a trailer where each vehicle -

(a) has a maximum gross weight exceeding 3500 kg; and

(b) is fitted with ABS and an ISO 7638 connector to provide a dedicated power supply to the ABS.

(2) No person shall use on a road, or cause or permit another to use thereon, a combination to which this regulation applies unless the connectors to which paragraph (1)(b) refers are used, regardless of any alternative method available on the vehicles in question to provide such power.

(3) In this regulation, "ISO 7638 connector" means an electrical connector which complies with Standard ISO 7638: 1997-1 or ISO 7638: 1997-2 published by the International Organisation for Standardisation.

Distance between vehicles and trailers

41. (1) When a trailer is attached to the vehicle immediately in front of it by means of a rope or chain, the distance between the trailer and that vehicle shall not -

(a) in any case exceed 4.5 m; and

(b) exceed 1.5 m unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side.

(2) For the purpose of determining the distance between the two vehicles -

(a) any part of either vehicle designed primarily for use as a means of attaching the one vehicle to the other; and

(b) any fitting designed for use in connection with any such part, shall be disregarded.

56 Use of secondary coupling on light trailers

42. (1) Subject to paragraphs (4) and (5), this regulation applies to every wheeled light trailer which -

(a) is being drawn on a road by a motor vehicle; and

(b) is manufactured on or after 1st July 1998.

(2) Every trailer to which this regulation applies shall be coupled, by a main coupling and a secondary coupling to the motor vehicle drawing it, in such a way that the brakes of the trailer shall be applied automatically by the secondary coupling in the event of the separation of the main coupling.

(3) Instead of complying with paragraph (2), every trailer to which this regulation applies may, if it has a maximum gross weight not exceeding 1500 kg, be coupled, by a main coupling and a secondary coupling to the motor vehicle drawing it, in such a way that, in the event of the separation of the main coupling, the secondary coupling shall -

(i) prevent the drawbar of the trailer from touching the ground; and

(ii) provide some residual steering of the trailer.

(4) This regulation does not apply to a light trailer fitted with a device which is designed to stop the trailer, in the absence of a secondary coupling, in the event of the separation of the coupling linking the trailer to the drawing vehicle.

(5) This regulation does not apply to a light trailer listed in paragraph (6) unless it is fitted with a secondary coupling.

(6) A trailer to which paragraph (5) refers is -

(a) an agricultural trailer that is drawn at a speed not exceeding 20 mph;

(b) a works trailer;

(c) a trailer (not being an agricultural trailer) which is designed and constructed, or adapted, to be drawn exclusively by -

(i) a locomotive or motor tractor,

(ii) a public works vehicle;

(iii) a vehicle which has a maximum speed not exceeding 25 km/h, or

57 (iv) a works truck;

(d) a trailer which -

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

(ii) is drawn by a motor cycle in accordance with Regulation 37, or

(iii) is a broken down vehicle; or

(e) a gritting trailer with a maximum gross weight not exceeding 2000 kg, being in each case a light trailer.

Unbraked trailers

43. (1) Save as provided in paragraph (2), no person shall use, or cause or permit another to use, an unbraked wheeled trailer on a road if -

(a) its laden weight exceeds its maximum gross weight; or

(b) it is drawn by a vehicle whose kerbside weight is less than twice the sum of the unladen weight of the trailer and the weight of any load which the trailer is carrying.

(2) This regulation does not apply to -

(a) a trailer which is designed and used for street cleansing and does not carry any load other than its necessary gear and equipment;

(b) an agricultural trailer;

(d) a trailer drawn by a motor cycle in accordance with Regulation 37; or

(e) a gritting trailer with a maximum gross weight not exceeding 2000 kg.

Use of bridging plates between motor vehicles and trailers

44. (1) Save as provided in paragraph (2), no person shall use on a road, or cause or permit another to use thereon, -

(a) any motor vehicle constructed for the purpose of carrying other vehicles; or

58 (b) any trailer constructed for that purpose, so that, while such a vehicle or trailer is on a road, any part of the weight of any vehicle which is being carried rests on a bridging plate.

(2) The provisions of paragraph (1) do not apply while -

(a) the motor vehicle or trailer constructed for the purpose of carrying other vehicles is being loaded or unloaded; or

(b) the bridging plate is folded or withdrawn so that it does not bridge the gap between the motor vehicle and the trailer.

Leaving trailers at rest

45. No person in charge of a trailer shall cause or permit it to stand on a road when detached from its drawing vehicle unless -

(a) one or more of the wheels of the trailer; or

(b) in the case of a track-laying trailer, the tracks, are prevented from revolving by the setting of a parking brake or the use of a chain, chock or other efficient device.

Passengers in trailers

46. (1) Save as provided in paragraph (2), no person shall use on a road, or cause or permit another to use thereon, any trailer for the carriage of passengers for hire or reward.

(2) The provisions of paragraph (1) do not apply in respect of a wheeled trailer which is, or is carrying, a broken down motor vehicle if -

(a) the trailer is drawn at a speed not exceeding 30 mph; and

(b) in a case where the trailer is, or is carrying, a broken down bus, it is attached to the drawing vehicle by a rigid draw bar.

(3) Save as provided in paragraph (4), no person shall use, or cause or permit another to use, on a road any wheeled trailer (being a living van) which has -

(a) less than 4 wheels; or

(b) 4 wheels consisting of two close-coupled wheels on each side, unless no passenger is carried in that vehicle.

(4) The provisions of paragraph (3) do not apply to a trailer which is being tested by -

(a) its manufacturer;

(b) a person by whom it has been, or is being repaired; or

G - MINIBUSES AND BUSES

Fire extinguishing apparatus on minibuses

47. (1) No person shall use on a road, or cause or permit another to use thereon, a minibus first used on or after 1st April 1988 unless it carries suitable and efficient apparatus -

(a) for extinguishing fire; and

(b) of a type specified in Part I of Schedule 4.

(2) The apparatus to which paragraph (1) refers shall -

(a) be readily available for use;

(b) be clearly marked with the appropriate British Standards Institution specification mark; and

First aid equipment on minibuses

48. (1) No person shall use on a road, or cause or permit another to use thereon, a minibus first used on or after 1st April 1988 unless it carries a receptacle containing the items specified in Part II of Schedule 4 ("the specified items").

(2) The receptacle to which paragraph (1) refers shall -

(a) be maintained in a good condition;

(b) be suitable for keeping the specified items in good condition;

(d) be prominently marked as a first aid receptacle.

60 (3) The specified items shall be maintained in good condition and shall be -

(a) of a good and reliable quality; and

(b) of a suitable design.

Carriage of dangerous substances on minibuses

49. (1) Save as provided in paragraph (2), no person shall use on a road, or cause or permit another to use thereon, a minibus carrying any highly inflammable or otherwise dangerous substance unless the substance -

(a) is carried in containers so designed and constructed; and

(b) is so packed, that, notwithstanding an accident to the vehicle, the substance is unlikely to cause any damage to the vehicle or injury to any passenger.

(2) Paragraph (1) shall not apply to the electrolyte of a battery installed in an electric wheelchair provided that the wheelchair is securely fixed to the vehicle.

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

50. (1) Save as provided in paragraphs (2) and (4), no person shall use on a road, or cause or permit another to use thereon, a minibus or coach carrying a group of three or more children if the appropriate number of forward-facing passenger seats fitted to the vehicle fail to meet the requirements of this regulation.

(2) Paragraph (1) does not apply to a minibus or coach unless -

(a) the group of children is on an organised trip; and

(b) the journey is being made for the purposes of the trip.

(3) Without prejudice to the generality of paragraph (2)(a), a group of children shall, for the purposes of this regulation, be also regarded as being on an organised trip if they are being carried to or from their school or from one part of their school premises to another.

(4) Without prejudice to the meaning of paragraph (2)(b), paragraph (1) shall not apply to a vehicle which is also being used at the same time to provide a regular service or service of that kind under a licence granted under any enactment to provide such a service.

(5) For a forward-facing passenger seat to meet the requirements of this regulation, there must be provided for it a seat belt which -

(a) complies with the requirements of a specified British Standard and is marked with its specification mark and the registered certification trade mark of the British Standards Institution; or

(b) complies with the requirements of a corresponding standard, and which has anchorage points complying with the technical and installation requirements of -

(i) Community Directive 76/115, 81/575, 82/318, 90/629 or 96/38; or

(ii) ECE Regulation 14, 14.01, 14.02, 14.03, 14.04 or 14.05, whether or not the requirements specified in sub-paragraph (a), (b), (i) or (ii) apply to the vehicle in question.

(6) For the purposes of this regulation, -

(a) the appropriate number is the same as the number of children being carried in the vehicle (excluding disabled children in wheelchairs);

(b) a child is a person who is aged three years or more but less than sixteen years; and

(7) For the purposes of this regulation a rearward-facing seat shall be treated as a forward- facing seat meeting the requirements of this regulation if -

(a) the minibus or coach in question is first used on or after 1st November 2001; and

(b) the rearward-facing seat complies with the requirements of Schedule 5 to the Construction, Equipment and Weights Regulations.

(8) In this regulation, -

"regular service" means a regular service within the meaning of regulation 46(2) of the Buses (Carriage of Passengers for Hire or Reward) (Construction and Use) Regulations 200120;

"specified British Standard" means any of the following British Standards for Seat Belt

19 Vol. XVII p. 516 20 SD 100/01

62 Assemblies for Motor Vehicles, namely -

(a) in the case of a seat belt for an adult, BS 3254: 1960 or BS 3254: Part 1: 1988; or

(b) in the case of a child restraint, BS 3254: 1960 (whether or not amended by Amendment No 16 published on 31st July 1986 under reference number AMD 5210), BS 3254: Part 2: 1988, BS 3254: Part 2: 1991, BS AU 185, BS AU 186 or 186a, or BS AU 202 or 202a; and

"corresponding standard" means, in relation to a specified British Standard, -

(a) a standard or code of practice of a national standards body or equivalent body of any EEA State;

(b) any measure adopted by the European Communities or the United Nations' Economic Commission for Europe;

(d) a technical specification recognised for use as a standard by a public authority of any EEA State,

where the standard, code of practice, measure, 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.

H - TAXIS AND CERTAIN OTHER HIRE CARS

Supplementary provision for taxis and certain other hire cars

51. No person shall use on a road, or cause or permit another to use thereon, a public passenger vehicle if -

(a) it is a passenger car with four or more wheels; and

(b) the requirements applying to it in Schedule 5 are not met.

63 I - SIDECARS

Sidecars

52. Every sidecar fitted to a motor cycle shall be so attached that the wheel of the sidecar is not wholly outside the space between transverse planes passing through the foremost point and rearmost point of the motor cycle.

J - FUEL

Unleaded petrol

53. (1) This regulation applies to every motor vehicle which

(a) is propelled by a spark ignition engine which is designed and constructed to run on unleaded petrol; and

(b) is first used on or after 1st January 1999.

(2) No person shall use on a road, or cause or permit another to use thereon, any vehicle to which this regulation applies if -

(a) the engine has been deliberately altered or adjusted to run on leaded petrol; and

(b) as a result of being so altered or adjusted, it is incapable of running on unleaded petrol.

(3) For the purposes of this regulation an engine shall be regarded as being incapable of running on unleaded petrol at any one time if and only if in its state of adjustment at that time it would be damaged by prolonged continuous running on such petrol.

K - USE OF GAS PROPULSION SYSTEMS, GAS-FIRED APPLIANCES AND GAS WARNING SIGNS

Use of gas propulsion systems

54. (1) No person shall use on a road, or cause or permit another to use thereon, any vehicle fitted with a gas propulsion system unless the whole of that system is in a safe condition.

(2) No person shall use, or cause or permit another to use, any fuel, except liquefied petroleum gas, in any gas propulsion system with which a vehicle on a road is fitted.

(3) No person shall use on a road, or cause or permit another to use thereon, any vehicle propelled by liquefied petroleum gas unless the container in which the gas is stored is situated

64 -

(a) on the motor vehicle, and not on any trailer; and

(b) in the case of an articulated vehicle, on the portion of the vehicle to which the engine is fitted.

Use of gas-fired appliances - general

55. (1) No person shall use, or cause or permit another to use, any gas-fired appliance in or on a vehicle on a road unless the whole of the appliance and of the gas system to which it is attached is in an efficient and safe condition.

(2) No person shall use, or cause or permit another to use, any fuel, except liquefied petroleum gas, in any gas-fired appliance in or on a vehicle on a road.

(3) No person shall use, or cause or permit another to use, any gas-fired appliance in or on a vehicle on a road unless the vehicle is so ventilated that -

(a) an ample supply of air is available for the operation of the appliance;

(b) the use of the appliance does not adversely affect the health or comfort of any person using the vehicle; and

(4) No person shall use, or cause or permit another to use, any gas-fired appliance in or on a vehicle on a road unless the supply of gas to the appliance is automatically shut off in the event that the appliance malfunctions and causes gas to be emitted.

(5) No person shall use on a road, or cause or permit another to use thereon, any vehicle equipped with -

(a) one gas-fired appliance unless the gas supply for the appliance is shut off at the point where it leaves the container or containers at all times when the appliance is not in use;

(b) two or more gas-fired appliances, each of which has the same supply of gas, unless the gas supply for the appliances is shut off at the point where it leaves the container or containers when none of the appliances is in use; or

(c) two or more gas-fired appliances, one or more of which does not have the same supply of gas, unless each gas supply for the appliances is shut off at the point where it leaves the container or containers at all times when none of the appliances which it serves is in use.

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

56. (1) Subject to paragraph (2), this regulation applies to every motor vehicle and trailer.

(2) Paragraphs (3) and (4) do not apply to a vehicle constructed or adapted for the conveyance of goods under controlled temperatures.

(3) No person shall use, or cause or permit another to use, any gas-fired appliance in or on a vehicle to which this paragraph applies, being a vehicle in motion on a road, unless the appliance, -

(a) if fitted to engineering plant, is being used for the purposes of engineering operations; or

(b) if fitted to any other vehicle, is a refrigerating appliance or an appliance which -

(i) is permanently fitted to the vehicle,

(ii) is designed to heat or cool any part of the interior of the vehicle for the comfort of the driver and any passengers, and

(iii) exposes no naked flame on the outside of the appliance.

(4) No person shall use, or cause or permit another to use, any gas-fired appliance in or on a vehicle to which this paragraph applies, being a vehicle in motion on a road, unless, -

(a) in the case of an appliance to which sub-paragraph (3)(a) refers, the appliance complies with the requirements specified in paragraphs 12 and 13 of Schedule 6 and the gas system to which it is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of that Schedule; or

(b) in the case of an appliance to which sub-paragraph (3)(b) refers, the appliance complies -

(i) if it is fitted to a motor vehicle, with the requirements specified in paragraphs 12, 13 and 14 of Schedule 6, and

(ii) in any other case, with the requirements specified in paragraphs 12 and 13 of Schedule 6,

and the gas system to which the appliance is attached complies with the requirements specified in paragraphs 2 to 9 and 15 of that Schedule, and, in the case of a bus, with the requirements specified in paragraph 11 thereof.

66 Use of gas warning signs on vehicles propelled by liquefied petroleum gas

57. (1) Subject to paragraph (2), no person shall use on a road, or cause or permit another to use thereon, a vehicle conveying liquefied petroleum gas for the propulsion of the vehicle unless there is affixed and displayed in a conspicuous position at the rear of the vehicle, or, if the vehicle forms part of a combination of vehicles, at the rear of the combination, a sign which indicates the presence of such gas and complies with the requirements of Schedule 7.

(2) No sign to which paragraph (1) refers shall be affixed to, or displayed on, any glass or other transparent material.

L - AVOIDANCE OF DANGER

Parking in darkness

58. (1) Save as provided in paragraph (2), no person shall, except with the permission of a police officer in uniform, cause or permit any motor vehicle to stand on a road at any time between sunset and sunrise unless the left side of the vehicle is as close as may be to the edge of the carriageway.

(2) The provisions of paragraph (1) do not apply to any motor vehicle while it is -

(a) being used for ambulance, coast guard, defence (including civil defence), fire brigade, lifeboat or police purposes if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(b) being used in connection with -

(i) any building operation or demolition;

(ii) the repair of any other vehicle;

(iii) the removal of any obstruction to traffic;

(iv) the maintenance, repair or reconstruction of any road; or

(v) the laying, erection, alteration or repair in or near to any road of any sewer, main, pipe or apparatus for the supply of gas, water or electricity, of any telecommunications apparatus as defined in Schedule 1 to the Telecommunications Act 1984, or of the apparatus of any electric transport undertaking,

if, in any case, compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that

67 occasion;

(d) standing on any part of a road set aside for the purpose of -

(i) the parking of vehicles;

(ii) a stand for hackney carriages;

(iii) a stand for buses;

(iv) a place where buses may stop for a longer time than is necessary for the taking up and setting down of passengers,

where compliance with those provisions would conflict with the provisions of any order, regulations or byelaws governing the use of that part of a road for that purpose.

Passengers on motor cycles

59. (1) If any person, not being the driver, is carried astride a two-wheeled motor cycle on a road (whether a sidecar is attached to it or not), the motor cycle shall be provided with suitable footrests thereon.

(2) No person shall drive on a road a motor cycle of a kind to which paragraph (1) refers if any other person is carried astride it otherwise than seated facing towards the front end of the vehicle.

Obstruction

60. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction thereof.

Driver's control

61. No person shall drive, or cause or permit another to drive, a motor vehicle on a road if the driver is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Opening of doors

62. No person shall open, or cause or permit another to open, any door of a vehicle on a road so as to injure or endanger any person.

68 Reversing

63. No person shall drive, or cause or permit another to drive, a motor vehicle backwards on a road for a greater distance or time than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or of other traffic on the road:

Provided that this regulation shall not apply to a road roller or other vehicle engaged in the construction, maintenance or repair of the road.

Leaving motor vehicles unattended

64. (1) Save as provided in paragraph (2), no person shall leave on a road, or cause or permit another to leave thereon, a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is equipped is effectively set.

(2) The requirement of paragraph (1) as to the stopping of the engine shall not apply to a vehicle that -

(a) is being used for ambulance, coast guard, defence (including civil defence), fire brigade, lifeboat or police purposes; or

(b) is engaged in an operation which requires its engine to be applied -

(i) to drive machinery or apparatus forming part of, or mounted on, the vehicle and used for purposes other than the driving of the vehicle; or

(ii) to maintain the electrical power of the vehicle's batteries at a level required for the driving of such machinery or apparatus:

Provided that sub-paragraph (b) of this paragraph shall not have effect in the case of a vehicle which is in such a position or condition as to be likely to endanger any person or property.

Securing of suspended implements

65. Where a vehicle is fitted with any apparatus or appliance designed for lifting and part of the apparatus or appliance consists of a suspended implement, the implement shall at all times -

(a) while the vehicle is in motion on a road; and

(b) while the implement is not attached to any load supported by the apparatus or appliance,

69 be so secured either to the apparatus or appliance or to some part of the vehicle that no danger is caused or is likely to be caused to any person on the vehicle or on the road.

Mascots

66. No mascot, emblem or other ornamental object shall be carried by a motor vehicle first used on or after 1st July 1951 in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot, emblem or object is not liable to cause injury to such a person by reason of any projection thereon.

Television sets

67. No person shall drive, or cause or permit another to drive, a motor vehicle on a road if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or cinematographic apparatus carried on the vehicle and used to display anything other than information about -

(a) the state of the vehicle or its equipment;

(b) the location of the vehicle and the road on which it is located;

(d) the driver's destination and the way to reach it.

Mobile telephones

68. (1) No person shall drive a motor vehicle on a road while he is using a mobile telephone which is held in a hand.

(2) In this regulation -

"mobile telephone" means wireless telegraphy apparatus which is designed or adapted to be capable -

(a) of connection only to a cellular telecommunication system; and

(b) of use while in motion;

"wireless telegraphy apparatus" has the same meaning as in the Wireless Telegraphy Act 194921 (an Act of Parliament).

21 1949 c. 54

70 M - REPLACEMENT BRAKE LININGS

Replacement brake linings

69. Schedule 8 shall have effect in relation to the use on roads of motor vehicles fitted with replacement brake linings.

PART IV - PLATES, WEIGHTS, MARKINGS, DIMENSIONS, TESTING AND INSPECTION

A - PLATES

Manufacturers' plates

70. (1) Save as provided in paragraph (2), this regulation applies to a wheeled vehicle which is -

(a) a bus first used on or after 1st April 1982;

(b) a converter dolly manufactured on or after 1st July 1998;

(d) a locomotive or motor tractor first used on or after 1st April 1973;

(e) a motor ambulance or motor caravan first used on or after 1st January 1999; and

(f) a trailer which -

(i) is manufactured on or after 1st January 1968, and

(ii) has an unladen weight exceeding 1020 kg.

(2) This regulation does not apply to -

(a) an agricultural motor vehicle;

(b) an agricultural trailed appliance or agricultural trailed appliance conveyor whenever manufactured, or any other agricultural trailer manufactured before 1st July 1998;

71 (d) a dual-purpose vehicle;

(e) engineering plant;

(f) a gritting trailer with a maximum gross weight not exceeding 2000 kg;

(g) an industrial tractor;

(h) a living van which -

(i) has an unladen weight not exceeding 2040 kg, and

(ii) is fitted with pneumatic tyres;

(i) a pedestrian-controlled vehicle;

(j) a trailer which -

(i) is constructed or adapted to carry no load other than plant or special appliances or apparatus as permanent or essentially permanent fixtures, and

(ii) does not exceed 2290 kg in total weight;

(k) a trailer which -

(i) is designed and used for street cleansing, and

(ii) does not carry any load other than its necessary gear and equipment;

(l) a trailer which was manufactured and used outside Great Britain and the Island before it was first used in Great Britain or the Island; or

(m) a works trailer or works truck.

(3) Save as provided in paragraph (4), every vehicle to which this regulation applies shall bear a plate which -

(a) is securely affixed to the vehicle in a conspicuous and readily accessible position;

(b) contains the particulars prescribed by Part I of Schedule 9 in the case of a motor vehicle, or by Part II of Schedule 9 in the case of a trailer; and

(4) Instead of bearing a plate in accordance with paragraph (3), a vehicle to which this regulation applies may bear a plate complying with Part IV of Schedule 9.

(5) Where, in accordance with the provisions of this regulation and of Schedule 9, a motor vehicle first used, or a trailer manufactured, after 31st December 1998, is required to be equipped with a plate showing the maximum weight in Great Britain for the vehicle or the maximum weight in Great Britain for each axle of the vehicle, the plate may instead show particulars of the maximum authorised weight for the vehicle or, as the case may be, the maximum authorised weight for each axle of the vehicle.

(6) In paragraph (5) the references to the maximum authorised weight for a vehicle and the maximum authorised weight for each axle of a vehicle mean those weights as determined in accordance with the Road Vehicles (Authorised Weight) Regulations 199822 as amended by the Road Vehicles (Authorised Weight) (Amendment) Regulations 200023.

(7) The plate for a vehicle which falls within paragraph (1)(c) and which is a motor vehicle first used after 31st December 1998 need not include the particulars referred to in item 8 or 9 of paragraph 1 of Schedule 9.

Ministry plates

71. Where -

(a) a vehicle has been fitted with a Ministry plate in Great Britain prescribing certain weights that are not to be exceeded by it there; and

(b) the vehicle is imported into the Island, no person shall use on a road, or cause or permit another to use thereon, the vehicle of that description unless it continues to bear that plate (within the cab if there is one) in a conspicuous and readily accessible position.

Department plates and Department discs

72. (1) Subject to paragraphs (2) to (5), every goods vehicle to which the Goods Vehicles (Plating) Regulations 199824 or the Goods Vehicles (Plating without Examination of Vehicles) Regulations 200225 apply, and in respect of which a plating certificate prescribed by either of those Regulations has been issued, shall be fitted by the owner with a Department plate, being a plate which -

(a) is issued by the Department to the owner;

22 SI 1998/3111 23 SI 2000/3224 24 SD 348/98 25 SD 710/02

(b) is set out in the form prescribed by Schedule 10; and

(2) Every Department plate shall be securely affixed by the owner, within 14 days from its date of issue, in a conspicuous and readily accessible position -

(a) inside the cab; or

(b) if there is no cab, to a vehicle part, of the vehicle to which it relates.

(3) Where -

(a) a plating certificate of a kind described in paragraph (1) has been issued in respect of a vehicle; and

(b) the permitted weights shown on that certificate do not differ from the corresponding weights shown on -

(i) the manufacturer's plate (if there is no Ministry plate or Department plate),

(ii) the Ministry plate (if there is no Department plate), or

(iii) the Department plate,

affixed to that vehicle, then, instead of issuing a Department plate in relation thereto, the Department may issue a Department disc.

(4) Where the Department issues a Department disc, paragraphs (1) and (2) shall have effect as if for the words "Department plate" and "plate", there were substituted the words "Department disc" and "disc" respectively.

(5) For the purposes of this regulation, "owner" means, in relation to a vehicle, the person deemed to be the owner of the vehicle in accordance with Regulation 94(3), and his address shall be deemed to be his address as specified in that provision.

VIN plates and markings

73. (1) Subject to paragraph (2), this regulation applies to every wheeled motor vehicle first used on or after 1st January 1999 which is constructed solely for the carriage of passengers

74 and their effects or is a dual-purpose vehicle and in either case which -

(a) is constructed or adapted to carry not more than eight passengers in addition to the driver and either has four or more wheels or, if having only three wheels, has a maximum gross weight of more than 1000 kg; or

(b) has three wheels, a maximum gross weight not exceeding 1000 kg, and either a design speed exceeding 50 km/h or an engine with a capacity exceeding 50 cc, and is not a motor cycle with a sidecar attached.

(2) This regulation does not apply to -

(a) a motor ambulance;

(b) a motor caravan;

(d) a motor vehicle which belongs or has belonged to a visiting force or a headquarters or defence organisation to which in each case an order under section 8 of the Visiting Forces Act 1952 (an Act of Parliament), as it has effect in the Island, applies;

(e) a motor vehicle of a new or improved type which -

(i) is constructed for the purposes of tests or trials of the vehicle or its equipment, and

(ii) is used by or on behalf of its manufacturer for those purposes;

(f) a motor vehicle which is, or has been, in the public service of the Crown;

(g) a motor vehicle in respect of which -

(i) single vehicle approval has been issued, and

(ii) the requirements specified in paragraph (6) have been met; or

(h) a motor vehicle constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing motor vehicles.

(3) A vehicle to which this regulation applies shall bear a plate which is fitted by the vehicle's manufacturer, is in a conspicuous and readily accessible position, is affixed to a vehicle part which is not normally subject to replacement, and shows clearly and indelibly -

75 (a) the vehicle identification number;

(b) the name of the vehicle's manufacturer; and

(c) the approval reference number of the certificate which is issued under the law of any EEA State and states that the vehicle is of a type which complies with the relevant type approval requirements.

(4) The approval reference number may be omitted from the plate to which paragraph (3) refers if it is shown clearly and indelibly on an additional plate which -

(a) is borne by the vehicle; and

(b) is fitted by the vehicle's manufacturer in a position, and affixed to a vehicle part, of a kind specified in that paragraph.

(5) The vehicle identification number of a vehicle to which this regulation applies shall -

(a) be marked by the manufacturer of the vehicle on the chassis, frame or other similar structure on the offside of the vehicle;

(b) be so marked in a clearly visible and accessible position; and

(6) The requirements referred to in paragraph (2)(g) are that -

(a) the vehicle bears a plate which is in a position, and is affixed to a vehicle part, of a kind described in paragraph (3);

(b) the plate shows clearly and indelibly the identification, chassis or serial number shown on the certificate comprising single vehicle approval together with the name of the manufacturer of the vehicle; and

Plates for agricultural trailed appliances

74. (1) Save as provided in paragraph (3), every wheeled agricultural trailed appliance manufactured on or after 1st July 1998 shall be fitted with a plate which is affixed to the vehicle in a conspicuous and readily accessible position and which is clearly and indelibly marked with the particulars relating to the appliance specified in paragraph (2).

(2) The particulars to which paragraph (1) refers are -

(a) the name of the manufacturer;

(b) the year of manufacture;

(d) the unladen weight; and

(e) the maximum load which would be imposed by the appliance on a drawing vehicle.

(3) In the case of a towed roller consisting of several separate rollers used in combination, a single plate shall satisfy the above requirements.

Motor cycle plates

75. (1) Subject to paragraph (2), this regulation applies to every motor cycle which is first used on or after 1st January 1999 and is propelled by an internal combustion engine with a cylinder capacity not exceeding 125 cc.

(2) This regulation does not apply to a mowing machine or to a pedestrian-controlled vehicle.

(3) Every motor cycle to which this regulation applies shall be fitted with a plate which is securely affixed to the vehicle in a conspicuous and readily accessible position and which complies with the requirements of Schedule 11.

Goods vehicle maximum speed notices and plates

76. (1) There shall be affixed and displayed in the cab of every goods vehicle, being a motor vehicle, a notice which specifies -

(a) its maximum speed; and

(b) if the vehicle draws a trailer, the maximum speed of the combination of vehicles, and which is clearly visible to the driver.

(2) There shall be affixed and displayed in a conspicuous position at the rear of every goods vehicle, -

(a) being a motor vehicle, a plate which specifies its maximum speed and which complies with the requirements of Schedule 12; or

77 (b) being a trailer forming part of a combination of vehicles, a plate which specifies the maximum speed of the combination and which complies with the requirements of that Schedule.

(3) In this regulation, "maximum speed", in relation to a vehicle or a combination of vehicles, means the speed which the vehicle or the combination must not exceed on a road, being -

(a) in the case of a vehicle to which Regulation 79(1)(b) applies, the speed specified there;

(b) in the case of a vehicle authorised to be used on roads by virtue of an order under paragraph 3(1) or (2) of Schedule 2 to the Act, the relevant speed specified in that order; and

B - WEIGHTS

Restrictions on weights of plated vehicles

77. (1) Except where paragraph (2) applies, no person shall use on a road, or cause or permit another to use thereon, a vehicle fitted with -

(a) a manufacturer's plate, but not a Ministry plate or a Department plate, if any permitted weight shown on the manufacturer's plate is exceeded;

(b) a Ministry plate, but not a Department plate, if any permitted weight shown on the Ministry plate is exceeded;

(d) an agricultural plate, if the maximum gross weight shown on the agricultural plate is exceeded.

(2) Where a prescribed weight applying to a vehicle is less than the corresponding permitted weight shown on -

(a) the manufacturer's plate (if no Ministry plate or Department plate is fitted); or

(b) the Ministry plate (if no Department plate is fitted), affixed to that vehicle, no person shall use on a road, or cause or permit another to use

78 thereon, the vehicle if the prescribed weight is exceeded.

(3) For the purposes of paragraph (2), the prescribed weight of 30490 kg (which applies to a vehicle falling within paragraph 6 of, and item 9 of Table I in, Schedule 13) shall be deemed to be less than a corresponding permitted weight of 30000 kg or more shown on the plate in question affixed to that vehicle.

(4) In this regulation, -

"maximum authorised weight", in relation to a vehicle, means any weight determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998 as amended by the Road Vehicles (Authorised Weight) (Amendment) Regulations 2000;

"permitted weight", in relation to a vehicle, means the maximum total laden weight, the maximum train weight, the maximum laden wheel weight or the maximum laden axle weight (being in no case a design weight) applicable to that vehicle in Great Britain or (in the case of a vehicle fitted with a Department plate) in the Island, and includes any maximum authorised weight; and

"prescribed weight", in relation to a vehicle of any class, means any weight prescribed by Schedule 13 in relation to a vehicle of that class.

Restrictions on weights of unplated vehicles or of vehicles with unplated weights

78. (1) Save as provided in paragraph (2), where a vehicle -

(a) is not fitted with a plate of a kind to which Regulation 77 refers; or

(b) is fitted with such a plate, and the plate applies to the use of the vehicle in the Island but does not contain one or more permitted weights related to such use, no person shall use on a road, or cause or permit another to use thereon, the vehicle in question if -

(i) in the case of a vehicle to which sub-paragraph (a) refers, any specified weight applying to that vehicle is exceeded; and

(ii) in the case of a vehicle to which sub-paragraph (b) refers, any specified weight applying to that vehicle in the absence of a permitted weight is exceeded.

(2) Where a vehicle -

(a) falls within sub-paragraph (a) or (b) of paragraph (1); and

(b) has a readily ascertainable manufacturer's design weight which is less than, and corresponds to, a specified weight referred to in sub-paragraph (i) or (ii), as the

79 case may be, of that paragraph, no person shall use on a road, or cause or permit another to use thereon, the vehicle in question if the manufacturer's design weight is exceeded.

(3) In this regulation, -

"permitted weight" has the same meaning as in Regulation 77; and

"specified weight" means any weight specified in Schedule 6 to the Construction, Equipment and Weights Regulations.

Weights requiring road-friendly suspension or 30 mph speed limit

79. (1) Where the total permitted laden weight of an articulated vehicle exceeds 32520 kg -

(a) every driving axle of the motor vehicle and every axle of the trailer shall be fitted with road-friendly suspension; or

(b) the articulated vehicle shall be driven at a speed not exceeding 30 mph.

(2) For the purposes of paragraph (1)(a) an axle shall be regarded as fitted with road- friendly suspension if its suspension is of a kind to which paragraph 2(2) of Schedule 13 refers.

C - MARKINGS

Marking of unladen weight on certain motor vehicles

80. (1) This regulation applies to a locomotive, motor tractor and registered heavy motor car.

(2) The owner of a vehicle to which this regulation applies shall cause the unladen weight of the vehicle to be painted or otherwise plainly and indelibly marked upon some conspicuous place on the left side of the vehicle.

(3) For the purposes of this regulation, "owner" means the person deemed to be the owner of the vehicle in accordance with Regulation 94(3), and his address shall be deemed to be his address as specified in that provision.

Marking of date of manufacture and maximum gross weight on certain light trailers

81. (1) This regulation applies to a light trailer which is manufactured on or after 1st July 1998.

80 (2) The year of manufacture and the maximum gross weight of every trailer to which this regulation applies shall -

(a) be permanently marked in a clearly visible and accessible position on the chassis, frame or other similar structure on the left side of the vehicle; or

(b) be indelibly marked on a plate permanently affixed to the vehicle in such a position.

D - DIMENSIONS

Length

82. (1) Subject to the following provisions of this regulation, no person shall use on a road, or cause or permit another to use thereon, -

(a) a combination of vehicles; or

(b) a vehicle (whether used alone or in combination with another), of a class specified in an item in column 2 of the Table if the overall length specified in that item in column 3 of the Table is exceeded.

TABLE (Regulation 82(1))

1 2 3 Item Class of vehicle Overall length not to be exceeded (metres) Combinations of vehicles

1 A motor vehicle drawing one trailer where the trailer – 18

(a) is a composite trailer; or

(b) does not otherwise comprise a semi-trailer 2 An articulated vehicle 16.5

Motor vehicles

3 A wheeled motor vehicle, not being a part of an 12 articulated vehicle

4 A track-laying motor vehicle, not being a part of an 9.2 articulated vehicle

Trailers

5 A trailer (not being a semi-trailer or a composite trailer 7

(2) Items 1 and 2 of the Table do not apply to -

(a) a combination of vehicles consisting of a broken down vehicle (including an articulated vehicle) drawn by a motor vehicle in consequence of a breakdown;

(b) a combination of vehicles which includes a low loader or a stepframe low loader; or

(c) a combination of vehicles which includes a trailer constructed and normally used for the conveyance of indivisible loads of exceptional length.

(3) Item 5 of the Table does not apply to -

(a) an agricultural trailed appliance;

(b) a broken down vehicle (including an articulated vehicle) drawn by a motor vehicle in consequence of a breakdown;

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

(e) a trailer which is -

(i) a drying or mixing plant designed for producing asphalt or bituminous or tar macadam and used mainly for constructing, repairing or maintaining roads, or

(ii) a road planing machine which is so used.

(4) Where a person uses on a road, or causes or permits another to use thereon, a motor vehicle which is drawing two or more trailers, none of those trailers shall have an overall length exceeding 7 m.

(5) Where a person uses on a road, or causes or permits another to use thereon, a motor vehicle drawing two or more trailers, the overall length of the motor vehicle shall not exceed 9.2 m.

(6) Where a person uses on a road, or causes or permits another to use thereon, -

82 (a) a combination of vehicles to which paragraph (2)(b) refers, the overall length of the combination shall not exceed 18 m unless the combination also falls within paragraph (2)(c);

(b) a trailer to which paragraph (3)(b) refers, the overall length of the trailer shall not exceed 23 m.

(7) Where a broken down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown, the articulated vehicle shall be regarded as a single trailer.

(8) This regulation does not apply to any vehicle being used -

(a) for ambulance, coast guard, defence (including civil defence), fire brigade, lifeboat or police purposes; or

(b) for the purpose of removing any obstruction to traffic.

(9) For the purposes of this regulation, and of Regulation 83 and Schedule 14, "overall length", in relation to a combination of vehicles, means the distance between the foremost point of the drawing vehicle and the rearmost point of the rearmost vehicle comprised in the combination, measured when the longitudinal axis of each vehicle comprised therein lies in the same vertical plane.

Forward and rearward projections of load

83. (1) Subject to paragraphs (2) to (7), no person shall use on a road, or cause or permit another to use thereon, -

(a) any vehicle, not forming part of a combination of vehicles, if the length of any forward or rearward projection of load exceeds 4 m; or

(b) any combination of vehicles, if the length of any forward or rearward projection of load extends more than 4 m beyond -

(i) in a case where the load is carried by one vehicle, the foremost point or the rearmost point of that vehicle, or

(ii) in a case where the load is carried by more than one vehicle, -

(A) the foremost point of the foremost vehicle, or

(B) the rearmost point of the rearmost vehicle,

by which the load is carried.

(2) Subject to paragraphs (3) to (7), no person shall use on a road, or cause or permit

83 another to use thereon, a vehicle or vehicles carrying a load or fitted with a special appliance or apparatus unless, in a case where the load, appliance or apparatus has -

(a) a forward projection of a length specified in an item in column 2 of the Table; or

(b) a rearward projection of a length specified in an item in column 3 of the Table, the conditions specified in that item in column 4 are complied with.

TABLE (Regulation 83(2))

1 2 3 4 Item Length of forward Length of rearward Conditions to be projection projection complied with 1 Exceeding 1.83 m but not - Paragraphs 2 and 3 of Part I exceeding 3.05 m of Schedule 14 2 Exceeding 3.05 m but not - Paragraphs 1, 2 and 3 of Part I exceeding 4 m of Schedule 14 3 - Exceeding 1 m but not Paragraph 4 of Part I exceeding 1.83 m of Schedule 14 4 - Exceeding 1.83 m but not Paragraph 3 of Part I exceeding 3.05 m of Schedule 14 5 - Exceeding 3.05 m but not Paragraphs 1, 2 and 3 of Part I exceeding 4 m of Schedule 14

(3) Where another vehicle is attached to that end of a vehicle from which a projection of load extends, then, for the purposes of any requirement in this regulation to comply with paragraph 3 or 4 of Part I of Schedule 14, that projection shall be treated as a forward or rearward projection only if, and to the extent that, its length extends beyond the foremost point or, as the case may be, the rearmost point of that other vehicle, measured when the longitudinal axis of each vehicle lies in the same vertical plane.

(4) No person shall use on a road, or cause or permit another to use thereon, a combination of vehicles described in Regulation 82(2)(c) if -

(a) the overall length of the trailer exceeds 23 m;

(b) the overall length of the drawing vehicle exceeds 9.2 m; and

(c) the overall length of the combination, together with the length of any forward or rearward projection of load extending beyond the foremost point of the foremost vehicle or, as the case may be, the rearmost point of the rearmost vehicle, exceeds 33 m.

(5) Where a person uses on a road, or causes or permits another to use thereon, a motor vehicle drawing one or more trailers, the overall length of the combination of vehicles, together with the length of any forward or rearward projection of load extending, as the case may be, beyond the foremost point of the foremost vehicle or the rearmost point of the rearmost vehicle, shall not exceed 22 m unless the conditions specified in paragraphs 1 and 2 of Part I of Schedule 14 are complied with.

(6) This regulation shall not apply to any vehicle being used for a purpose described in Regulation 82(8).

(7) For the purposes of this regulation, the length of a forward or rearward projection of load, or the length of a part thereof, shall be measured parallel to the longitudinal axis of -

(a) the vehicle; or

(b) if the load is carried by more than one vehicle, the foremost vehicle or the rearmost vehicle by which, as the case may be, the load is carried.

Width

84. (1) Save as provided in paragraphs (2) and (3), no person shall use on a road, or cause or permit another to use thereon, a vehicle of a class specified in an item in column 2 of the Table if the overall width specified in column 3 in that item is exceeded.

TABLE (Regulation 84(1))

1 2 3 Item Class of vehicle Overall width not to be exceeded (metres) Motor vehicles

1 A locomotive other than an agricultural motor vehicle. 2.75

2 A refrigerated motor vehicle. 2.6

3 Any other motor vehicle. 2.55

Trailers

4 A trailer (other than an agricultural trailer or a refrigerated trailer) which is 2.55 drawn by a motor vehicle having a maximum gross weight above 3500 kg.

5 An agricultural trailer (other than an agricultural trailed appliance). 2.55

6 An agricultural trailed appliance. 3.0

7 A refrigerated trailer. 2.6

8 Any other trailer drawn by a vehicle other than a two-wheeled motor cycle. 2.3

9 A trailer drawn by a two-wheeled motor cycle –

(a) without a sidecar attached; 1

(b) with a sidecar attached. 1.5

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

(3) No person shall use on a road, or cause or permit another to use thereon, 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 of the two vehicles, measured as if they were one vehicle, -

(a) exceeds 3 m in a case where the trailer is an agricultural trailed appliance; or

(b) exceeds 2.55 metres in any other case.

(4) In this regulation, "refrigerated motor vehicle" and "refrigerated trailer" mean respectively a motor vehicle or a trailer which, in either case, -

(a) is specially designed for the carriage of goods at low temperatures; and

(b) has a thickness of each side wall which, inclusive of insulation, is at least 45 mm.

Lateral projections of load

85. (1) Save as provided in paragraphs (2) and (3), no person shall use on a road, or cause or permit another to use thereon, a vehicle carrying a load if, in a case where the load extends beyond the side or sides of the vehicle, -

(a) the load has a lateral projection on either side exceeding 305 mm; or

(b) the overall width of the vehicle together with the width of the lateral projection or projections of its load exceeds -

(i) 3 m in the case of an agricultural trailed appliance, or

(ii) 2.9 m in any other case.

86 (2) Where a person uses on a road, or causes or permits another to use thereon, a vehicle carrying -

(a) loose agricultural produce not baled or crated; or

(b) an indivisible load, then, if the load extends beyond the side or sides of the vehicle, the overall width of the vehicle together with the width of the lateral projection or projections of its load may extend to 4.3 m, provided that, in the case of an indivisible load, -

(i) it is not reasonably practical to comply with paragraph (1);

(ii) the conditions specified in paragraphs 1 and 5 of Part I of Schedule 14 are complied with if the overall width of the vehicle together with the width of the lateral projection or projections of its load exceeds 3 m; and

(iii) the conditions specified in paragraph 2 of Part I of Schedule 14 are complied with if the overall width of the vehicle together with the width of the lateral projection or projections of its load exceeds 3.5 m.

(3) This regulation does not apply to any vehicle being used for a purpose described in Regulation 82(8).

Height

86. (1) This regulation applies to any vehicle in motion on a road.

(2) No person shall use on a road, or cause or permit another to use thereon, a vehicle to which this regulation applies (other than a vehicle tipping a load) if its overall height, together with the height of any vertical projection of load extending beyond its overall height, exceeds 4.57 m.

Indication of overall travelling height

87. (1) This regulation applies to every motor vehicle which -

(a) is carrying a container or engineering equipment;

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

(d) is engineering plant.

87 (2) Without prejudice to Regulation 86, no person shall use on a road, or cause or permit another to use thereon, a vehicle to which this regulation applies unless -

(a) the overall travelling height does not exceed 3.66 m; or

(b) there is carried in the vehicle, in the manner specified in paragraph (3), a notice clearly indicating the overall travelling height in both metres and feet and inches and in figures not less than 40 mm tall.

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

Overhang

88. (1) No person shall use on a road, or cause or permit another to use thereon, a wheeled motor vehicle of a class specified in an item in column 2 of the Table if, subject to any exemption specified in that item in column 4, the overhang of the vehicle exceeds the distance specified in that item in column 3.

88 TABLE (Regulation 88(1))

1 2 3 4 Item Class of vehicle Maximum overhang Exemptions 1 Motor tractor 1.83 m (a) an agricultural motor vehicle;

(b) a track-laying vehicle. 2 Heavy motor car 60% of the distance between the (a) an agricultural motor vehicle; and motor car transverse plane which passes through the centre or centres of the (b) a bus; foremost wheel or wheels and the transverse plane which passes (c) a heavy motor car first used through the forward point from which before 15th August 1928; the overhang is to be measured in accordance with the definition of (d) a motor car first used before 2nd "overhang" in Regulation 3(1). April 1936;

(e) a motor car which is an ambulance;

(f) a refuse vehicle;

(g) a track-laying vehicle;

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

(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) a works truck.

(2) In the case of a vehicle designed and mainly used for the purpose of heating a road or other similar surface in the process of construction, repair or maintenance, no part of the heating plant shall be taken into account when calculating the overhang.

(3) In the case of an agricultural motor 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 rearmost axle shall not exceed 3 m.

(4) A heavy motor car shall be taken to comply with the requirements of paragraph (1) if it meets the requirements of paragraph 7.6.2 of Annex I to Community Directive 97/27.

Minimum ground clearance

89. (1) Save as provided in paragraph (3), this regulation applies to a wheeled trailer which -

(a) is a goods vehicle; and

(b) is manufactured on or after 1st April 1984.

(2) No person shall use on a road, or cause or permit another to use thereon, a trailer to which this regulation applies unless it has a minimum ground clearance of not less than -

(a) 160 mm if the trailer has an axle interspace of more than 6 m but less than 11.5 m; or

(b) 190 mm if the trailer has an axle interspace of 11.5 m or more.

(3) This regulation does not apply to a trailer -

(a) while it is being loaded or unloaded; or

(b) while a height-adjustable suspension system, if fitted to the trailer, is raised or lowered to enable the vehicle to pass over or under an obstruction (including a bridge) that lies across or over a road, provided that no part of the trailer (excluding the wheels) touches the ground at such a time or is likely to do so.

Turning circle - articulated vehicles other than those incorporating a car transporter, low loader, stepframe low loader or semi-trailer of exceptional length

90. (1) Subject to paragraphs (2), (3) and (4), this regulation applies to an articulated vehicle.

(2) This regulation does not apply to an articulated vehicle if its semi-trailer -

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

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

(3) This regulation does not apply to an articulated vehicle if its semi-trailer -

(a) is a car transporter, a low loader or a stepframe low loader; or

90 (b) is constructed and normally used for the conveyance of indivisible loads of exceptional length.

(4) This regulation does not apply to an articulated vehicle if -

(a) it has an overall length not exceeding 15.5 m and -

(i) its drawing vehicle was first used before 1st June 1998, or

(ii) its semi-trailer was manufactured before 1st December 1997; or

(b) an axle of its semi-trailer is raised to aid traction.

(5) No person shall use on a road, or cause or permit another to use thereon, a vehicle to which this regulation applies unless the requirement below is met.

(6) The requirement is that the vehicle must be able to move on either lock so that, -

(a) when all its wheels are, or are not, in contact with the road surface; and

(b) when the items set out -

(i) in paragraphs (a) to (i) in the definition of "overall width", and

(ii) in paragraphs (a) to (k) in the definition of "overall length",

in the Table in Regulation 3(1) are disregarded, no part of the vehicle projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

(7) In relation to a vehicle manufactured before 1st June 1998 paragraph (6) shall have effect as if sub-paragraph (a) were omitted.

(8) An articulated vehicle shall be taken to comply with paragraph (6) if its semi-trailer is, by virtue of paragraph 7.6.1.2 of Annex 1 to Community Directive 97/27, deemed to comply with paragraph 7.6.1 of that Annex.

Turning circle - articulated vehicles incorporating a car transporter other than a low loader or stepframe low loader

91. (1) Subject to paragraphs (2) and (3), this regulation applies to an articulated vehicle with an overall length exceeding 15.5 m, the semi-trailer of which is a car transporter.

(2) This regulation does not apply to an articulated vehicle if -

91 (a) its semi-trailer was manufactured before 1st April 1990; and

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

(3) This regulation does not apply to an articulated vehicle if its semi-trailer is a low loader or a stepframe low loader.

(4) No person shall use on a road, or cause or permit another to use thereon, a vehicle to which this regulation applies unless the requirement below is met.

(5) The requirement is that the vehicle must be able to move on either lock so that, -

(a) when all its wheels are, or are not, in contact with the road surface; and

(b) when the items set out -

(i) in paragraphs (a) to (i) in the definition of "overall width", and

(ii) in paragraphs (a) to (k) in the definition of "overall length",

in the Table in Regulation 3(1) are disregarded, no part of -

(i) the motor vehicle drawing the car transporter, or

(ii) the car transporter to the rear of the transverse plane passing through the king pin, projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

(6) In relation to a vehicle manufactured before 1st June 1998 paragraph (5) shall have effect as if sub-paragraph (a) were omitted.

Turning circle - buses

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

(2) No person shall use on a road, or cause or permit another to use thereon, a vehicle to which this regulation applies unless the two requirements set out below are both met.

(3) The first requirement is that the vehicle must be able to move on either lock so that, when all its wheels are, or are not, in contact with the ground, no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

92 (4) The second requirement is that when the vehicle moves forward from rest, on either lock, so that its outermost point describes a circle of 12.5 m radius, no part of the vehicle must project by more than 0.8 m 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.

(5) In relation to a vehicle manufactured before 1st June 1998 paragraph (3) shall have effect as if the words ", when all its wheels are, or are not, in contact with the ground," were omitted.

Turning circle - heavy motor cars

93. (1) Save as provided in paragraph (3), this regulation applies to a vehicle which -

(a) is a heavy motor car; and

(b) was manufactured after 31st May 1998.

(2) Save as provided in paragraph (3), this regulation also applies to a vehicle combination consisting of -

(a) a heavy motor car manufactured after 31st May 1998; and

(b) one trailer not being a semi-trailer.

(3) This regulation does not apply to -

(a) a vehicle having four or more axles where the distance between the foremost and rearmost axles exceeds 6.4 m;

(b) a vehicle or vehicle combination to which Regulation 90, 91 or 92 applies; or

(c) a vehicle or vehicle combination constructed and normally used for the carriage of indivisible loads of abnormal length.

(4) Every vehicle or vehicle combination to which this regulation applies must be able to move on either lock so that, -

(a) when all its wheels are, or are not, in contact with the road surface; and

(b) when the items set out -

(i) in paragraphs (a) to (i) in the definition of "overall width", and

(ii) in paragraphs (a) to (k) in the definition of "overall length",

93 in the Table in Regulation 3(1) are disregarded, no part of the vehicle or vehicle combination projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.

E - TESTING AND INSPECTION

Testing and inspection

94. (1) Subject to the conditions specified in paragraph (2), the following persons are hereby empowered to test and inspect the brakes, silencers, steering gear and tyres of any vehicle on any premises where that vehicle is located, namely -

(a) a police constable in uniform;

(b) any person for the time being appointed as an examiner for the purposes of Part II of Schedule 2 to the Act; and

(c) any person for the time being appointed as an authorised examiner for the purposes of section 38 of the Road Transport Act 2001.

(2) The conditions to which paragraph (1) refers are -

(a) any person empowered as there mentioned shall produce his authorisation if required to do so;

(b) no such person shall enter any premises unless the consent of the owner of those premises has first been obtained;

(i) the owner of the vehicle consents thereto,

(ii) notice has been given to that owner personally or left at his address not less than 48 hours before the time of the proposed test or inspection, or has been sent to him at least 72 hours before that time by the recorded delivery service to his address last known to the person giving the notice, or

(iii) the test or inspection is made within 48 hours of an accident to which section 20 of the Act applies and in \which the vehicle was involved.

(3) For the purposes of this regulation, the owner of the vehicle shall be deemed to be -

94 (a) in the case of a vehicle for the time being registered under the Registration Act, and not being used under a trade licence under that Act, the person appearing as the owner of the vehicle in the register kept by the Department under that Act;

(b) in the case of a vehicle used under a trade licence, the holder of the licence; or

(c) in the case of a vehicle exempt from excise duty by virtue of the Motor Vehicles (International Circulation) Order 197626, the person resident outside the Island who has brought the vehicle into the Island, and in cases (a) and (b) the address of the owner as shown on the said register or, as the case may be, on the licence may be treated as his address.

SCHEDULE 1

REGULATIONS REVOKED BY REGULATION 2

Reference Title

SD 345/98 The Road Vehicles (Maintenance and Use) Regulations 1998

SD 346/98 The Road Vehicles (Construction, Equipment and Weights) Regulations 1998

SD 553/99 The Road Vehicles (Maintenance and Use) (Amendment) Regulations 1999

SD 554/99 The Road Vehicles (Construction, Equipment and Weights) (Amendment) Regulations 1999

SD 178/00 The Road Vehicles (Maintenance and Use) (Amendment) Regulations 2000

SD 404/00 The Road Vehicles (Maintenance and Use) (Amendment) (No. 2) Regulations 2000

SD 98/01 The Road Vehicles (Construction and Use) (Amendment) Regulations 2001

26 GC 165/76

95 Regulation 3(1) SCHEDULE 2

COMMUNITY DIRECTIVES AND ECE REGULATIONS

TABLE I

COMMUNITY DIRECTIVES

1 2 3 Item Reference No Community Directives (a) (b) (c) (d) Date Official Journal Subject matter Previous Reference Directives included

1 76/114 18.12.75 L24, 30.1.76, Statutory plates - p.1 and inscriptions for motor vehicles and trailers

2 76/115 18.12.75 L24, 30.1.76, Anchorages for - p.6 motor vehicle seat belts

3 78/507 19.5.78 L155, 13.6.78, Statutory plates 76/114 p.31 and inscriptions for motor vehicles and trailers

4 78/1015 23.11.78 L349, 13.12.78, The permissible - p.21 sound level and exhaust systems of motor cycles

5 81/575 20.7.81 L209, 29.7.81, Anchorages for 76/115 p.30 motor vehicle seat belts

6 82/318 2.4.82 L319, 19.5.82, Anchorages for 76/115 as p.9 motor vehicle amended by seat belts 81/575

7 87/56 18.12.86 L24, 27.1..87, The permissible 78/1015 p.42 sound level and exhaust systems of motor cycles

8 89/235 13.3.89 L98, 11.4.89, The permissible 78/1015 as p.1 sound level and amended by exhaust systems 87/56 of motor cycles

9 90/629 30.10.90 L341, 6.12.90, Anchorages for p.14 motor vehicle 76/115 as safety belts amended by 81/575 and 82/318

10 92/7 10.2.92 L57, 2.3.92, The weights, 85/3 as amended p.29 dimensions and by 86/360, other technical 88/218, 89/338, characteristics of 89/460 and certain road 89/461 vehicles

11 92/23 31.3.92 L129, 14.5.92, Tyres of motor - p.95 vehicles and their trailers and their fitting

12 92/53 18.6.92 L225, 10.8.92, Type approval of 70/156 p.1 motor vehicles and their trailers

13 96/38 17.6.96 L187, 26.7.96, Anchorages for 76/115 as p.95 motor vehicle amended by safety belts 81/575, 82/318 and 90/629

14 97/27 22.7.97 L233, 25.8.97, Masses and p.1 dimensions of certain categories of vehicle and their trailers

15 98/12 27.1.98 L81, 18.3.98, The braking 71/320 as p.1 devices of certain amended by categories of 74/132, 75/524. motor vehicles 79/489, 85/647, and their trailers 88/194 and 91/422

16 2001/43 27.6.01 L211, 4.8.01, Tyres of motor 92/23 p.25 vehicles and their trailers and their fitting

97 TABLE II

ECE REGULATIONS

1 2 3 Item Reference No ECE Regulations (a) (b) (c) (d) Number Date Subject matter Date of amendment

1 14 14 30.1.70 Anchorages for - seat belts

2 14.01 14 30.1.70 Anchorages for 28.4.76 seat belts

3 14.02 14 30.1.70 Anchorages for 22.11.84 seat belts

4 14.03 14 30.1.70 Anchorages for 29.1.92 seat belts

5 14.04 14 30.1.70 Anchorages for 18.1.98 seat belts

6 14.05 14 30.1.70 Anchorages for 4.2.99 seat belts

7 30 30 1.4.75 Pneumatic tyres - for motor vehicles and their trailers

8 30.01 30 1.4.75 Pneumatic tyres 25.9.77 for motor vehicles and their trailers

9 30.02 30 1.4.75 Pneumatic tyres 15.3.81 for motor vehicles and their trailers

10 54 54 1.3.83 Pneumatic tyres - for commercial vehicles and their trailers

11 64 64 1.10.85 Vehicles with - temporary-use spare wheels/tyres

12 75 75 1.4.88 Pneumatic tyres - for motor cycles and mopeds

13 90.01 90 1.11.92 Replacement 18.9.94 brake lining assemblies for power-driven vehicles and their trailers

Regulation 7(2) SCHEDULE 3

BRAKING EFFICIENCIES OF AGRICULTURAL MOTOR VEHICLES

1. (1) Subject to sub-paragraph (2), every wheeled agricultural motor vehicle (not being a locomotive or motor tractor) which is driven at more than 20 mph and is of a class specified in an item in column 2 of the Table shall be so maintained that -

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

(b) its secondary braking system has a total braking efficiency not less than that shown in column 4 for that item.

(2) Where there is a reference in the Table to an agricultural motor vehicle drawing, or not drawing, a trailer, the reference to a trailer is to a trailer required by Regulation 5 or 6 of the Construction, Equipment and Weights Regulations to be equipped with brakes.

TABLE (Paragraph 1)

1 2 3 4 Item Wheeled agricultural motor vehicles (not being Total braking Total braking locomotives or motor tractors) efficiency of efficiency of service braking secondary system braking system

1 Vehicles first used on or after 1st January 1999 -

(a) when not drawing a trailer; or 50 25

(a) when drawing a trailer. 45 25

2 Vehicles first used on or after 1st January 1968 but before 1st January 1999 -

(a) when not drawing a trailer; 50 25

(b) when drawing a trailer manufactured on or after 1st January 1968; or 50 25

3 Vehicles which have an unladen weight exceeding 1525 kg and which were first used on or after 15th August 1928 but before 1st January 1968, being -

(a) rigid vehicles with 2 axles -

(i) when not drawing a trailer; or 45 20

(ii) when drawing a trailer; or 40 15

(b) other vehicles, whether drawing a trailer or not. 40 15

4 Vehicles (not being heavy motor cars) which have an unladen weight exceeding 1525 kg and which were first used on or after 1st January 1919 but before 15th August 1928, being -

(a) rigid vehicles with 2 axles -

(i) when not drawing a trailer; or 45 20

(ii) when drawing a trailer; or 40 15

(b) other vehicles, whether drawing a trailer or not. 40 15

100

5 Vehicles which have an unladen weight not exceeding 1525 kg and which were first used on or after 1st January 1919 but before 1st January 1968, being -

(a) motor vehicles with at least 4 wheels and 2 means of operating the brakes, where -

(i) one means of operation applies 50 25 brakes to at least 4 wheels; or

(ii) neither means of operation applies brakes to at least 4 wheels; or 30 25

(b) 3-wheeled motor vehicles with 2 means of operating the brakes, where -

(i) one means of operation applies brakes to all 3 wheels; or 40 25

(ii) neither means of operation applies brakes to all 3 wheels. 30 25

Regulations 47 and 48 SCHEDULE 4

FIRE EXTINGUISHING APPARATUS AND FIRST AID EQUIPMENT FOR MINIBUSES

PART I

FIRE EXTINGUISHING APPARATUS

A fire extinguisher which -

(a) complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution and numbered BSEN 3: 1996;

(b) has a minimum test fire rating of 5A or 34B; and

PART II

FIRST AID EQUIPMENT

(1) Ten antiseptic wipes, foil packed;

(2) One conforming disposable bandage (not less than 7.5 cm wide);

(3) Two triangular bandages;

(4) One packet of 24 assorted adhesive dressings;

101 (5) Three large sterile unmedicated ambulance dressings (not less than 15 cm by 20 cm);

(6) Two sterile eye pads with attachments;

(7) Twelve assorted safety pins; and

(8) One pair of rustless blunt-ended scissors.

102 Regulation 51 SCHEDULE 5

TAXIS AND CERTAIN OTHER HIRE CARS - SUPPLEMENTARY REQUIREMENTS

I - PRELIMINARY

Application

1. (1) Subject to sub-paragraph (2), this Schedule applies to all public passenger vehicles which are passenger cars with four or more wheels.

(2) Paragraph 4 does not apply to such vehicles unless they are authorised by the Road Transport Licensing Committee (within the meaning of section 1 of the Road Transport Act 2001) to stand or ply for hire on a road.

II - REQUIREMENTS

Odometer

2. Each vehicle shall be fitted with an odometer which is in good and efficient working order, whether it is comprised in the speedometer or not.

Cleanliness

3. The bodywork, paintwork, windows, upholstery and fittings of a vehicle shall be maintained in a good and clean condition at all times.

Right-hand drive

4. The steering wheel of each vehicle shall be on the right side.

Doors

5. (1) Every door of a vehicle shall -

(a) be capable of being opened, when unlocked, from inside or outside the vehicle by a single movement of its handle or other opening device; and

(b) be incapable of being locked from outside the vehicle unless, when so locked, the door is capable of being opened from inside the vehicle when stationary.

(2) Every door of a vehicle shall, if it is not a power-operated door, -

(a) have a slam lock of the two-stage type; or

(b) be linked to a device which -

(i) is operated by the movement of the handle or other device for opening the door or, in the case of a handle or other device with a spring-return mechanism, by movement of both the door and the handle or other device, and

(ii) informs the driver, when occupying the driver's seat, if the door is not securely closed.

103 Accessibility

6. (1) Every vehicle shall be so constructed that -

(a) a passenger sitting or intending to sit beside the driver shall be able to enter or leave the vehicle by its nearside front door; and

(b) a passenger sitting or intending to sit behind the driver shall be able to enter or leave the vehicle by -

(i) a nearside rear door, and

(ii) either an offside rear door or a door at the back of the vehicle.

(2) Every vehicle shall be so constructed that -

(a) no door for the use of a passenger under paragraph (1); and

(b) no seat, fitting or equipment in the vehicle, shall be likely to prevent an adult able-bodied passenger without luggage from entering or leaving the vehicle unaided or without inconvenience.

Windows

7. The window in each passenger door of a vehicle shall be capable of being easily opened by a passenger seated adjacent to it.

Wheelchairs

8. (1) If a vehicle is to carry any wheelchair occupied by a person, the vehicle shall be equipped with -

(a) an anchorage which will -

(i) secure the chair while the vehicle is in motion, and

(ii) prevent it from facing either side of the vehicle; and

(b) a ramp, hoist or lift to facilitate the entry of the chair into the vehicle and its exit therefrom.

(2) Any anchorage, ramp, hoist or lift provided in accordance with sub-paragraph (1) shall be maintained in good and serviceable condition.

Spare wheel

9. Each vehicle shall carry -

(a) a spare wheel fitted with an inflated tyre (not being a temporary use spare tyre), both of which must be in good and serviceable condition; and

(b) a jack and other tools necessary for affixing that wheel to the vehicle.

Grab handles etc

10. Each vehicle shall be provided with a grab handle or other suitable means to assist a passenger when entering or leaving a seat.

104 Seats

11. (1) This paragraph applies to passenger seats ("seats") fitted in a vehicle other than occasional seats.

(2) Subject to sub-paragraphs (4) and (5), if a vehicle was used before 17th April 2000 to carry passengers for hire or reward, every seat accommodating one or more passengers shall allow a width of at least 400 mm per passenger, as measured horizontally along its front.

(3) Subject to sub-paragraph (4), if a vehicle is so used on or after that date, -

(a) every seat (excluding a back rest), or every back rest forming part of a seat, shall, if it is designed to accommodate only one passenger, be at least 400 mm wide, as measured horizontally across its widest point; and

(b) every back rest shall, if it forms part of a seat designed to accommodate more than one passenger, allow a width of at least 400 mm per passenger, as measured horizontally across that part of the rest against which the full width of the passenger's back would lie.

(4) For the purposes of sub-paragraphs (2) and (3), a seat fitted with arms, being arms so constructed that they can be folded back or otherwise put out of use, shall be measured as if it were not fitted with arms.

(5) Instead of complying with sub-paragraph (2), a vehicle falling within that sub-paragraph may comply with sub- paragraph (3).

Occasional seats

12. Any occasional seat fitted to a vehicle shall -

(a) be at least 400 mm wide;

(b) be at least 355 mm long, when measured longitudinally from the centre of the front of its back rest to the front edge of the seat;

(d) be symmetrically placed in relation to, and at least 40 mm from, any other occasional seat.

Seats fitted lengthwise

13. (1) Subject to sub-paragraph (2), no passenger seat fitted in a vehicle shall be so placed as to face a side of the vehicle.

(2) In the case of a vehicle used before 17th April 2000 to carry passengers for hire or reward, -

(a) sub-paragraph (1) does not apply; but

(b) a passenger seat facing a side of the vehicle shall be so placed that the front edge of its back rest is not less than 1.35 m from the front edge of the back rest of any seat facing it.

Floor covering

14. The floor of each vehicle shall be covered with non-slip material which can be easily cleaned.

105 Luggage

15. For each passenger which a vehicle may lawfully carry, there shall be space provided in or on the vehicle for carrying luggage measuring at least 50 x 38.1 x 22.8 centimetres.

Fire-extinguishing apparatus

16. (1) Every vehicle shall carry one or more portable fire extinguishers, each of which -

(a) complies in all respects with the specification for such extinguishers issued by the British Standards Institution and numbered BS 5423: 1987 or BSEN 3: 1996;

(b) has a minimum test fire rating of 3A or 21B;

(d) within the period of 12 months preceding each certification of the vehicle under regulation 13 of the Licensing and Registration of Vehicles Regulations 200227, has been certified by the manufacturer or his agent as being in good and efficient working order.

(2) Of the fire extinguishers referred to in sub-paragraph (1), -

(a) each must be clearly marked with the relevant British Standards Institution specification number; and

(b) one must be carried in the area of the vehicle accommodating the driver or front passenger.

Regulation 56(4) SCHEDULE 6

GAS SYSTEMS AND GAS-FIRED APPLIANCES

Definitions

1. In this Schedule, -

"check valve" means a device which permits the flow of gas in one direction and prevents the flow of gas in the opposite direction;

"design pressure" means the pressure which a part of a gas system has been designed and constructed safely to withstand;

"double-check valve" means a device which consists of two check valves in series and which permits the flow of gas in one direction and prevents the flow of gas in the opposite direction;

"excess flow valve" means a device which automatically and instantaneously reduces to a minimum the flow of gas through the valve when the flow rate exceeds a set value;

"fixed gas container" means a gas container which is attached to a vehicle permanently and in such a manner that the container can be filled without being moved;

"gas container" means any container, not being a container for the carriage of gas as goods, which is fitted to or carried on a motor vehicle or trailer and is intended for the storage of gas for -

27 SD 707/02

106

(a) the propulsion of the motor vehicle, or

(b) the operation of a gas-fired appliance;

"high pressure" means a pressure exceeding 1.0325 bar absolute;

"high pressure pipeline" means a pipeline intended to contain gas at high pressure;

"pipeline" means any pipe or passage connecting any two parts of a gas propulsion system of a vehicle or of a gas-fired appliance supply system on a vehicle or any two points on the same part of any such system;

"portable gas container" means a gas container which may be attached to a vehicle but which can readily be removed;

"pressure relief valve" means a device which opens automatically when the pressure in the part of the gas system to which it is fitted exceeds a set value, reaches its maximum flow capacity when the set value is exceeded by 10%, and closes automatically when the pressure falls below a set value; and

"reducing valve" means a device which automatically reduces the pressure of the gas passing through it, and includes regulator devices.

Gas containers

2. (1) Every gas container shall -

(a) be capable of withstanding the pressure of the gas which may be stored in the container at the highest temperature which the gas is likely to reach;

(b) if fitted inside the vehicle, be so arranged as to prevent as far as practicable the possibility of gas entering the engine, passenger or living compartments due to leaks or venting from the container or valves, connections and gauges immediately adjacent to it, and the space containing these components shall be so ventilated and drained as to prevent the accumulation of gas;

(c) be securely attached to the vehicle in such a manner as not to be liable to displacement or damage due to vibration or other cause; and

(d) be so placed and so insulated or shielded as not to suffer any adverse effect from the heat of the exhaust system of any engine or any other source of heat.

(2) Every portable gas container shall -

(a) be hermetically sealed; or

(b) be fitted with a valve or cock to enable the flow of gas from the container to be stopped.

(3) Every fixed gas container shall -

(a) be fitted with -

(i) at least one pressure relief valve, and

(ii) at least one manually operated valve which may be extended by an internal dip tube inside the gas container so as to indicate when the container has been filled to the level corresponding to the filling ratio specified in the British Standards Institution Specification for Filling Ratios and Developed Pressure for Liquefiable and

107 Permanent Gases (as defined, respectively, in paragraphs 3.2 and 3.5 of the said Specification) published in May 1976 under the number BS 5355; and

(b) be conspicuously and permanently marked with its design pressure.

(4) If any fixed gas container is required to be fitted in a particular attitude or location, or if any device referred to in sub-paragraph (3) requires the container to be fitted in such a manner, then it shall be conspicuously and permanently marked to indicate that requirement.

(5) If the operation of any pressure relief valve or other device referred to in sub-paragraph (3) may cause gas to be released from the gas container, an outlet shall be provided to lead such gas to the outside of the vehicle so as not to suffer any adverse effect from the heat of the exhaust system of any engine or any other source of heat, and that outlet from the pressure relief valve shall not be fitted with any other valve or cock.

Filling systems for fixed gas containers

3. (1) Every connection for filling a fixed gas container shall be on the outside of the vehicle.

(2) There shall be fitted to every fixed gas container -

(a) a manually operated shut-off valve and an excess flow valve; or

(b) a manually operated shut-off valve and a single check valve; or

(c) a double-check valve, and all parts of these valves in contact with gas shall be made entirely of suitable metal except that they may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

(3) In every case where a pipe is attached to a gas container for the purpose of filling the gas container, there shall be fitted to the end of the pipe farthest from the gas container a check valve or a double-check valve.

(4) There shall be fitted over every gas filling point on a vehicle a cap which shall -

(a) prevent any leakage of gas from the gas filling point;

(b) be secured to the vehicle by a chain or other suitable means;

(d) be fastened to the gas filling point by a screw or other suitable means.

Pipelines

4. (1) Every pipeline shall be fixed in such a manner and position that -

(a) it will not be adversely affected by the heat of the exhaust system of any engine or any other source of heat;

(b) it is protected from vibration and strain in excess of that which it can reasonably be expected to withstand; and

(2) Save as provided in sub-paragraph (4), every high pressure pipeline shall -

108 (a) be a rigid line of steel, copper or copper alloy of high pressure hydraulic grade, suitable for service on road vehicles and designed for a minimum service pressure rating of not less than 75 bar absolute; and

(b) be effectively protected against, or shielded from, or treated so as to be resistant to, external corrosion throughout its length unless it is made from material which is corrosion resistant under the conditions which it is likely to encounter in service.

(3) No unsupported length of any high pressure pipeline shall exceed 600 mm.

(4) Flexible hose may be used in a high pressure pipeline if -

(a) it is reinforced by stainless steel wire braid or by textile braid;

(b) its length does not exceed 500 mm; and

(c) save in the case of a pipeline attached to a gas container for the purpose of filling that container, the flexibility which it provides is necessary for the construction or operation of the gas system of which it forms a part.

(5) If a high pressure pipeline or part of such a pipeline is so constructed or located that it may, in the course of its normal use (excluding the supply of fuel from a gas container), contain liquid which is prevented from flowing, a relief valve shall be incorporated in that pipeline.

Unions and joints

5. (1) Every union and joint on a pipeline or gas container shall be so constructed and fitted that it will -

(a) not be liable to work loose or leak when in use; and

(b) be readily accessible for inspection and maintenance.

(2) Every union on a high pressure pipeline or on a gas container shall be made of suitable metal but such a union may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

Reducing valves

6. Every reducing valve shall be made of suitable materials and be so fitted as to be readily accessible for inspection and maintenance.

Pressure relief valves

7. (1) Every pressure relief valve which is fitted to any part of a gas system (including a gas container) shall -

(a) be made entirely of suitable metal and be so constructed and fitted as to ensure that the cooling effect of the gas during discharge shall not prevent its effective operation;

(b) be capable, under the most extreme temperatures likely to be met (including exposure to fire), of a discharge rate which prevents the pressure of the contents of the gas system from exceeding its design pressure;

(d) be so designed and constructed as to prevent unauthorised interference with the relief pressure setting during service; and

109 (e) have outlets which -

(i) are so sited that so far as is reasonably practicable in the event of an accident the valve and its outlets are protected from damage and the free discharge from such outlets is not impaired, and

(ii) are so designed and constructed as to prevent the collection of moisture and other foreign matter which could adversely affect their performance.

(2) The pressure at which a pressure relief valve is designed to start lifting shall be clearly and permanently marked on every such valve.

(3) Every pressure relief valve which is fitted to a gas container shall communicate with the vapour space in the gas container and not with any liquefied gas.

Valves and cocks

8. (1) A valve or cock shall be fitted to every supply pipeline as near as practicable to every fixed gas container, and such valve or cock shall by manual operation enable the supply of gas from the gas container to the gas system to be stopped and, save as provided in sub-paragraph (2), shall -

(a) if fitted on the outside of the vehicle, be readily visible and accessible from the outside of the vehicle; or

(b) if fitted inside the vehicle, be readily accessible for operation and be so arranged as to prevent as far as practicable the possibility of gas entering the engine, passenger or living compartments due to leaks, and the space containing the valve or cock shall be so ventilated and drained as to prevent the accumulation of gas in that space.

(2) Where a fixed gas container supplies no gas system other than a gas propulsion system and the gas container is so located that it is not practicable to make the valve or cock referred to in sub-paragraph (1) readily accessible, there shall be fitted an electrically operated valve which shall either be incorporated in the valve or cock referred to in sub- paragraph (1) or be fitted immediately downstream from it and shall -

(a) be constructed so as to open when the electric power is applied and to close when the electric power is cut off;

(b) be so fitted as to shut off the supply of gas from the gas container to the gas system when the engine is not running; and

(c) if fitted inside the vehicle, be so arranged as to prevent as far as practicable the possibility of gas entering the engine, passenger or living compartments due to leaks, and the space containing the valve shall be so ventilated and drained as to prevent the accumulation of gas in that space.

(3) A notice clearly indicating the position, purpose and method of operating every valve or cock referred to in sub- paragraphs (1) and (2) shall be fixed -

(a) in all cases, in a conspicuous position on the outside of the vehicle; and

(b) in every case where the valve or cock is located inside the vehicle, in a conspicuous position adjacent to the gas container.

(4) In the case of a high pressure pipeline for the conveyance of gas from the gas container, an excess flow valve shall be fitted as near as practicable to the gas container, and such valve shall operate in the event of a fracture of the pipeline or other similar failure.

110 (5) All parts of every valve or cock referred to in this paragraph which are in contact with gas shall be made of suitable metal, save that they may contain non-metal washers and seals provided that such washers and seals are supported and constrained by metal components.

Gauges

9. Every gauge connected to a gas container or to a pipeline shall be so constructed as to be unlikely to deteriorate under the action of the gas used or to be used and shall be so constructed and fitted that -

(a) no gas can escape into any part of the vehicle as a result of any failure of the gauge; and

(b) in the event of any failure of the gauge, the supply of gas to the gauge can be readily stopped:

Provided that the requirement specified in sub-paragraph (b) shall not apply in respect of a gauge fitted as an integral part of a gas container.

Propulsion systems

10. (1) Every gas propulsion system shall be so designed and constructed that -

(a) the supply of gas to the engine is automatically stopped by the operation of a valve when the engine is not running at all or is not running on the supply of gas; and

(b) where a reducing valve is relied on to comply with sub-paragraph (a), the supply of gas to the engine is automatically stopped by the operation of an additional valve when the engine is switched off.

(2) Where the engine of a vehicle is constructed or adapted to run on one or more fuels as alternatives to gas, the safety and efficiency of the engine and any fuel system shall not be impaired by the presence of any other fuel system.

Special requirements for buses

11. In the case of a bus there shall be fitted as near as practicable to the gas container a valve which shall stop the flow of gas into the gas supply pipeline in the event that -

(a) the angle of tilt of the vehicle -

(i) in the case of a double-decked vehicle, exceeds 28 degrees from the horizontal, or

(ii) in the case of a single-decked vehicle, exceeds 35 degrees from the horizontal; and

(b) the deceleration of the vehicle exceeds 5g.

Gas-fired appliances

12. Every part of a gas-fired appliance shall -

(a) be so designed and constructed that leakage of gas is unlikely to occur; and

(b) be constructed of materials which are compatible with each other and with the gas used.

13. Every gas-fired appliance shall -

(a) be so located as to be easily inspected and maintained;

(b) be so located and either insulated or shielded that its use shall not cause or be likely to cause danger due

111 to the presence of any flammable material;

(d) be so fastened or located as not to work loose or move in relation to the vehicle.

14. With the exception of catalytic heating appliances, every appliance of the kind described in Regulation 56(3)(b) which is fitted to a motor vehicle shall be fitted with a flue which shall -

(a) be connected to an outlet which is on the outside of the vehicle;

(b) be constructed and located so as to prevent any expelled matter from entering the vehicle; and

(c) be located so that it will not cause any adverse effect to, or suffer any adverse effect from, the exhaust outlet of any engine or any other source of heat.

General requirements

15. Every part of a gas propulsion system or a gas-fired appliance system, excluding the appliance itself, shall -

(a) as far as practicable be so located or protected as not to be exposed to accidental damage;

(b) be soundly and properly constructed of materials which are compatible with each other and with the gas used or to be used and which are capable of withstanding the loads and stresses likely to be met in operation; and

112 Regulation 57 SCHEDULE 7

GAS WARNING SIGNS ON VEHICLES PROPELLED BY LIQUEFIED PETROLEUM GAS

A sign complies with the requirements of this Schedule if -

(a) save as otherwise provided in paragraph (c), it is in the form shown in the diagram below;

(b) its dimensions are not less than 100 mm square; and

(i) a figure of a flame in white or black in one half of the sign and the words "FLAMMABLE GAS" in white or black in the other,

(ii) a white, black or red border, and

(ii) a red background.

Diagram of sign

113 Regulation 69 SCHEDULE 8

REPLACEMENT BRAKE LININGS

Interpretation

1. In this Schedule, -

"brake lining" means the friction material component of a brake lining assembly;

"brake lining assembly" means a component of a friction brake which is pressed against a drum or disc to produce the friction force;

"the Braking Devices Directive" means Community Directive 98/12;

"the Framework Directive" means Community Directive 92/53; and

"relevant vehicle" means a vehicle which falls within vehicle category M1, M2 or N1 of the categories specified in Annex II to the Framework Directive and has a maximum mass not exceeding 3.5 tonnes.

Prohibition on the use of replacement brake linings containing asbestos

2. (1) Subject to sub-paragraph (2), no person shall use on a road, or cause or permit another to use thereon, any motor vehicle fitted with replacement brake linings which contain asbestos.

(2) Nothing in sub-paragraph (1) shall apply to a vehicle fitted with replacement brake linings if the vehicle was first used before 1st January 1973.

(3) Sub-paragraph (2) shall cease to have effect on 1st January 2005.

Replacement brake linings for relevant vehicles

3. (1) Subject to sub-paragraph (3), no person shall use on a road, or cause or permit another to use thereon, any relevant vehicle fitted with replacement brake linings which do not meet the requirements specified in sub-paragraph (2)(a) or (b).

(2) The requirements are -

(a) that the brake linings -

(i) have been type approved in accordance with the requirements of the Braking Devices Directive,

(ii) have been marked by the manufacturer in accordance with the requirements of paragraph 3 of Article 6 of the Framework Directive, and

(iii) are marked in accordance with the requirements of point 4 of Annex XV to the Braking Devices Directive; or

(b) that the brake linings -

(i) have been approved in accordance with paragraph 4 of ECE Regulation 90.01, and

(ii) are marked in accordance with paragraph 6 of that Regulation.

114 (3) Nothing in this paragraph shall apply in relation to replacement brake linings fitted to a relevant vehicle which was first used before 1st September 1999, provided that those linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used.

Replacement brake linings for other vehicles

4. No person shall use on a road, or cause or permit another to use thereon, any motor vehicle (not being a relevant vehicle) if it is fitted with replacement brake linings which are such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used.

Regulation 70(3) and (4) SCHEDULE 9

MANUFACTURERS' PLATES

PART I

MOTOR VEHICLES

1. In accordance with the footnotes appended thereto, the following particulars are to be shown on a plate for motor vehicles (including motor vehicles forming part of articulated vehicles):

1. Manufacturer's name. 2. Vehicle type. 3. Chassis number or serial number. 4. Number of axles. 5. Maximum axle weight for each axle28. 6. Maximum gross weight29. 7. Maximum train weight30. 8. Maximum weight in Great Britain for each axle31. 9. Maximum weight in Great Britain32.

2. The references in Footnotes 28 to 32 to the weights to be transmitted to the road surface by all or any of the wheels of the vehicle or of any trailer drawn are references to the weights so to be transmitted both of the vehicle or trailer and of any load or persons carried by it.

PART II

TRAILERS

3. In accordance with the footnotes appended thereto, the following particulars are to be shown on a plate for trailers

28 This weight as respects each axle is the sum of the weights to be transmitted to the road surface by all the wheels of that axle. 29 This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the motor vehicle (including any load imposed on the motor vehicle by a trailer, whether forming part of an articulated vehicle or not). 30 This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the motor vehicle and of any trailer drawn, but this item need not be completed where the motor vehicle is not constructed to draw a trailer. 31 Footnote 28 applies to the completion of this item, which need not be completed in the case of a vehicle manufactured before 1st October 1972 or in the case of a locomotive or motor tractor. 32 Footnote 29 applies to the completion of this item, which need not be completed in the case of a vehicle mentioned in footnote 31.

115 (including trailers forming part of articulated vehicles):

1. Manufacturer's name. 2. Chassis number, serial number or vehicle identification number. 3. Number of axles. 4. Maximum axle weight for each axle33. 5. Maximum load imposed on drawing vehicle34. 6. Maximum gross weight35. 7. Maximum weight in Great Britain for each axle36. 8. Maximum weight in Great Britain37. 9. Year of manufacture38.

4. The references in Footnotes 33 to 37 to the weights to be transmitted to the road surface by all or any of the wheels of the trailer are references to the weight so to be transmitted both of the trailer and of any load or persons carried by it, and references to the weights to be imposed on a drawing vehicle are references to the weights so to be imposed both of the trailer and of any load or persons carried by it.

PART III

PROVISIONS SUPPLEMENTARY TO PARTS I AND II

5. (1) Subject to sub-paragraphs (2) and (3), the weights to be shown on the plate in relation to items 5, 6 and 7 in Part I and in relation to items 4, 5 and 6 in Part II shall be the maximum weights at which the vehicle is certified fit for use -

(a) in the case of a motor vehicle which is either a goods vehicle or the tractor unit of an articulated vehicle, by the Secretary of State; or

(b) in the case of any other vehicle, by the manufacturer, when due regard is had to the design, construction and equipment of the vehicle and to the stresses to which it is likely to be subjected in use.

(2) Where alterations are made to a vehicle which may render the vehicle fit for use at weights exceeding those referred to in sub-paragraph (1) and shown on the plate, -

(a) there may be shown on the plate, in place of those weights, such new weights as the manufacturer of the vehicle or any person carrying on business as a manufacturer of motor vehicles or trailers (or a person duly authorised on behalf of that manufacturer or any such person) or a person authorised by the Secretary of State or by the Department considers to represent the maximum weights at which the vehicle will then be fit for use, having regard to those alterations, to the design, construction and equipment of the vehicle, and to the stresses to which it is likely to be subjected when in use; and

33 This weight as respects each axle is the sum of the weights to be transmitted to the road surface by all the wheels of that axle. 34 This item is to be completed only where the trailer forms part of an articulated vehicle or where some of the weight of the trailer or its load is to be imposed on a drawing vehicle. This item does not apply to a converter dolly manufactured before 1st February 1992. 35 This weight is the sum of the weights to be transmitted to the road surface by all the wheels of the trailer, including any weight of the trailer to be imposed on the drawing vehicle. 36 Footnote 33 applies to the completion of this item, which need not be completed in the case of a trailer manufactured before 1st October 1972. 37 Footnote 35 applies to the completion of this item, which need not be completed in the case of a trailer which was manufactured before 1st October 1972 or which forms part of an articulated vehicle. 38 This item need not be completed in the case of a trailer manufactured before 1st April 1970.

116 (b) the name of the person who has determined the new weights shall be shown on the plate and, where he is a person authorised by the Secretary of State or by the Department, his appointment shall be shown.

(3) In sub-paragraphs (1) and (2), in so far as a vehicle manufactured on or after 1st October 1972 is concerned, the references to equipment shall not be treated as including a reference to the type of tyres with which the vehicle is fitted.

6. The weights, which are to be shown on the plate -

(a) in respect of items 8 and 9 in Part I, shall be the weights shown respectively at items 5 and 6 in that Part; and

(b) in respect of items 7 and 8 in Part II, shall be the weights shown respectively at items 4 and 6 in that Part, subject to each weight being reduced so far as necessary to indicate the maximum weight for each axle or, as the case may be, the maximum weight for the vehicle if -

(i) the vehicle were not to be used in contravention of the provisions of the Construction and Use Regulations relating to maximum permitted weights were it to be used in Great Britain; and

(ii) the tyres fitted to the vehicle are not, as respects strength, to be inadequate to support the weights to be so shown at items 8 and 9 in Part I, and at items 7 and 8 in Part II.

7. (1) Subject to sub-paragraph (2), weights on plates first affixed to a vehicle on or after 1st October 1972 shall be shown in kilograms and weights on plates first so affixed before that date shall be shown in tons and decimals thereof.

(2) Where a new weight is first shown on a plate by virtue of paragraph 5(2), the weight shall be shown in kilograms if it appears on the plate on or after 1st October 1972, and in tons and decimals thereof if it appears on the plate before that date.

8. All letters and figures shown on the plate shall be at least 6 mm in height.

9. In the preceding Parts of this Schedule, references to the manufacturer of a motor vehicle or trailer are, -

(a) in relation to a vehicle constructed with a chassis which has not previously formed part of another vehicle, references to the person by whom that chassis was made; and

(b) in relation to any other vehicle, references to the person by whom that vehicle was constructed.

PART IV

ALTERNATIVE REQUIREMENTS

10. Instead of bearing a plate to which Regulation 70(3) refers, a vehicle may bear a plate which -

(a) is securely affixed to the vehicle in a conspicuous and readily accessible position; and

(b) complies with the requirements of -

(i) the Annex to Community Directive 78/507, or

(ii) in the case of a vehicle first used before 1st October 1982, the Annex to Community Directive 76/114,

subject to the modifications of those requirements set out in following provisions of this Part.

117

11. Instead of the particulars required by items 2.1.4 to 2.1.7 of the Annex to either Directive, the plate shall show, for a vehicle of a class specified in column 2 of the Table below against an item in the Annex specified in column 1 thereof, the following particulars -

(a) the maximum permitted weight for that class, if any, shown in column 3 of the Table;

(b) where the maximum design weight shown in column 4 of the Table exceeds the maximum permitted weight, the maximum design weight in a column on the plate to the right of the maximum permitted weight; and

(c) if no weight is shown in column 3 of the Table, the maximum design weight shown in column 4 of the Table in the right-hand column of the plate.

TABLE (paragraph 11)

1 2 3 4 Item in Annex to either Class of vehicle Maximum permitted weight Maximum design weight Directive 2.1.4 (Laden weight of (i) Motor vehicles The maximum weight in The maximum gross vehicle) Great Britain as referred weight referred to in item to in item 9 in paragraph 6 in paragraph 1 of Part I 1 of Part I of this of this Schedule Schedule

(ii) Trailers, other than The maximum weight in The maximum gross semi-trailers Great Britain as referred weight referred to in item to in item 8 in paragraph 6 in paragraph 3 of Part 3 of Part II of this II of this Schedule Schedule

(iii) Semi-trailers The maximum gross weight referred to in item 6 in paragraph 3 of Part II of this Schedule 2.1.5 (Train weight of Motor vehicles constructed The lower of - The maximum design train motor vehicle to draw a trailer weight (a) the maximum design train weight; and either

(b) in the case of vehicles constructed to form part of an articulated vehicle, the maximum total laden weight specified in Part IV of Schedule 6 to the Construction, Equipment and Weights Regulations; or

118 2.1.6 (Axle weight of (i) Motor vehicles The maximum weight in The maximum weight for vehicle) Great Britain for each axle each axle as referred to in as referred to in item 8 in item 5 in paragraph 1 of paragraph 1 of Part I of Part I of this Schedule this Schedule

(ii) Trailers The maximum weight in The maximum weight for Great Britain for each axle each axle as referred to in as referred to in item 7 in item 4 in paragraph 3 of paragraph 3 of Part II of Part II of this Schedule this Schedule 2.1.7 (Load imposed by Semi-trailers The maximum load semi-trailer imposed on the drawing vehicle as referred to in item 5 in paragraph 3 of Part II of this Schedule

119 Regulation 72 SCHEDULE 10

DEPARTMENT PLATES AND DEPARTMENT DISCS

The Department plate and the Department disc shall be in the form shown in the diagrams below and shall contain the particulars provided for there.

Diagram of Department plate

Department of Transport

ROAD VEHICLES (MAINTENANCE AND USE) REGULATIONS 2002 PLATING OF GOODS VEHICLES

Department Plate Plate Ref No:

Registration Mark Chassis No. or Serial No. Type Approval No./Variant

Manufacturer and Model Type

Function (See Note 3 below) Year of original registration Year of manufacture

Length Width Coupling centre to vehicle Coupling centre to vehicle foremost part (See Note 5 below) rearmost part (See Note 6 below)

max min max min

(1) (2) (3) Description of weights Weights not to be exceeded in the Design weights (if higher than Maximum Kingpin Load applicable to vehicle Isle of Man shown in column 2) (semi-trailers only) Gross Weight (See Notes 1 & 4 below) Train Weight (See Note 2 below)

Axle weights Axle 1 (Axles numbered from front to Axle 2 Date of issue and authenticating rear) (See Note stamp 1) Axle 3

Axle 4

NOTES Tyre use conditions applicable to vehicle (eg 2B, 2J or 2M etc): 1. A reduced gross weight and/or axle weight may apply in certain cases to a vehicle towing or being towed by another.

2. The MAXIMUM permissible train weight can vary depending on the type of trailer drawn.

3. If the last letter in the function box is “R”, road-friendly suspension is fitted.

4. All weights shown are subject to the fitting of correct tyres.

5. This dimension applies only to drawing vehicles of trailers and semi-trailers.

6. This dimension applies only to trailers and semi-trailers.

120 Diagram of Department disc

Isle of Man GOVERNMENT Department of Transport

Road Vehicles (Maintenance and Use Regulations 2002 PLATING OF GOODS VEHICLES

Department Disc

Reference No. ………………

The weights shown on the plate, and for the vehicle, referred to below remain valid

Plate Reference No. ………………………

Plate issued by……………………………..on (date)…………….

Registration mark of vehicle…………………………………..Manufacturer………………………….

Chassis or Serial No. …………………………………………………

Date of issue and authentication stamp

121 Regulation 75(3) SCHEDULE 11

MOTOR CYCLE PLATES

1. The plate required by Regulation 75(3) shall be firmly attached to a part of the motor cycle which is not normally subject to replacement during the life of the vehicle.

2. The plate shall be in the form shown in the diagram in this paragraph, shall have dimensions not less than those shown in that diagram, and shall show the information provided for in that diagram and detailed in the Notes at the end of this Schedule.

Diagram of Plate

30 mm

Manufacturer’s name

Category (see Note 1) 50 mm (see Note 4)

Details (see Note 2)

VIN (see Note 3)

3. The information on the plate shall be shown in characters not less than 4 mm in height and in the positions on the plate indicated in the diagram above.

4. No information other than that provided for in the diagram above shall be marked within the rectangle which is shownin that diagram.

5. In this Schedule, -

"maximum engine power" means the maximum net power in kilowatts that the motor cycle engine will develop

122 when measured in accordance with the test conditions specified in the document numbered ISO 4106 published by the International Organisation for Standardisation under reference ISO 1978 4106-09-01;

"moped" means a motor cycle which -

(a) has a kerbside weight not exceeding 250 kg,

(b) has an internal combustion engine with a cylinder capacity not exceeding 50 cc, and

"power to weight ratio" means the ratio of the maximum engine power to the kerbside weight of the vehicle when measured, as regards the maximum engine power, in kilowatts and, as regards the kerbside weight, in 1000 kg;

"standard motor cycle" means a motor cycle which is not a moped.

6. A motor cycle shall be regarded as complying with paragraph (c) of the definition of "moped" in paragraph 5 if it cannot exceed 35 mph when tested under the following conditions -

(a) the surface on which it is tested shall be dry asphalt or concrete;

(b) the rider shall be a person not exceeding 75 kg in weight;

(d) the test route shall be so located that acceleration to, and deceleration from, maximum speed can take place elsewhere than on the test route itself;

(e) the test route shall not have a gradient exceeding 5%;

(f) the motor cycle shall be ridden in opposite directions along the test route, and the speed recorded for the purpose of the test shall (in order to minimise the effect of wind resistance and gradient) be the average of speed shown for each direction;

(g) when being driven along the test route, the motor cycle shall be driven in such a manner and in such a gear as to achieve the maximum speed of which the vehicle is capable; and

(h) if the motor cycle is fitted with a device which can, without the use of specialist tools or equipment, be readily modified or removed so as to increase its maximum speed, the test shall be carried out with the device in the modified condition or, as the case may be, without the device.

NOTES:

1. The categories are "standard motor cycle" and "moped".

2. The details are -

(a) for standard motor cycles -

(i) the engine capacity,

(ii) the maximum engine power, and

iii) the power to weight ratio;

123 (b) for mopeds -

(i) the engine capacity,

(ii) the kerbside weight, and

iii) the maximum speed.

3. The vehicle identification number (VIN) shall be marked in the form used by the manufacturer to identify any one individual vehicle.

4. In the case of a plate fitted to a moped, this dimension shall be 40 mm.

124 Regulation 76(2) SCHEDULE 12

GOODS VEHICLE MAXIMUM SPEED PLATES

A plate complies with the requirements of this Schedule if -

(a) it is in the form shown in the diagram below;

(b) its diameter is at least 95 mm; and

(i) are white against a black background,

(ii) have a stroke width of at least 12 mm, and

(iii) consist of the numerals "50","40", "30", "20", "18", "12" or "5" corresponding to the maximum speed of the vehicle (as defined in Regulation 76(3)).

Diagram of plate

125 Regulation 77 SCHEDULE 13

WEIGHTS NOT TO BE EXCEEDED IN CERTAIN CIRCUMSTANCES BY CERTAIN VEHICLES FITTED WITH A MANUFACTURER'S PLATE OR A MINISTRY PLATE

PART I

INTRODUCTORY

Application

1. A weight is prescribed by this Schedule for the purposes of Regulation 77(2) and applies to a vehicle which is fitted with a manufacturer's plate or a Ministry plate, but not a Department plate.

Interpretation

2. (1) In this Schedule, -

"air spring" means a spring operated by means of air or compressible fluid under pressure; and

"air suspension" means a suspension system in which at least 75 per cent of the spring effect is caused by an air spring.

(2) For the purposes of this Schedule an axle shall be regarded as fitted with road-friendly suspension if its suspension is -

(a) an air suspension; or

(b) a suspension, not necessarily being an air suspension, which -

(i) is equivalent to an air suspension for the purposes of Community Directive 92/7, or

(ii) in the Department's opinion is adequately effective in suppressing recoil and damping hammer-blow between a vehicle's frame and the surface and structure of a road which the vehicle is permitted to use.

PART II

MAXIMUM TOTAL LADEN WEIGHTS AND MAXIMUM TRAIN WEIGHTS

Maximum total laden weight of locomotives

3. (1) This paragraph applies to a wheeled locomotive fitted with -

(a) a pneumatic tyre or resilient tyre on each wheel; and

(b) suitable and sufficient springs between each wheel and the frame of the vehicle.

(2) A locomotive to which this paragraph applies shall not exceed a total laden weight of 28450 kg if it has more than six wheels.

126 Maximum train weights of locomotives

4. The total laden weight of a wheeled locomotive to which paragraph 3 applies, together with that of one or more wheeled trailers drawn by it, shall not exceed -

(a) 50810 kg if the locomotive has fewer than six wheels;

(b) 54870 kg if the locomotive has six wheels; or

5. The total laden weight of a wheeled locomotive to which paragraph 3 does not apply, together with that of one or more wheeled trailers drawn by it, shall not exceed 49280 kg.

Maximum total laden weights of motor vehicles, being two-axle buses not fitted with twin tyres and road-friendly suspension, three-axle buses, and goods vehicles in each case complying with the relevant braking requirement

6. (1) This paragraph applies to -

(a) a two-axle bus which has its driving axle not fitted with twin tyres and road-friendly suspension;

(b) a three-axle bus; and

(c) a wheeled heavy motor car or wheeled motor car, being in either case a goods vehicle, where the vehicle in question -

(i) does not form part of an articulated vehicle,

(ii) is not an agricultural motor vehicle, and

(iii) complies with the relevant braking requirement.

(2) Every vehicle to which this paragraph applies, and which has the number of axles and the axle spacing specified in an item in columns 2 and 3 of Table I, shall not exceed the total laden weight specified in that item in column 4.

TABLE I

MAXIMUM TOTAL LADEN WEIGHTS OF VEHICLES TO WHICH PARAGRAPH 6 APPLIES

1 2 3 4 Item No. of axles Distance between foremost and rearmost axles (metres) Maximum total laden weight (kg) 1 2 Less than 2.65 14230 2 2 At least 2.65 16260 3 3 or more At least 3.2 but less than 3.9 20330 4 3 or more At least 3.9 but less than 4.9 22360 5 3 At least 4.9 24390 6 4 or more At least 4.9 but less than 5.6 25000 7 4 or more At least 5.6 but less than 5.9 26420 8 4 or more At least 5.9 but less than 6.3 28450 9 4 or more At least 6.3 30490

127 Maximum total laden weights of trailers (other than semi-trailers) drawn by motor vehicles complying with the relevant braking requirement

7. (1) This paragraph applies to a wheeled trailer (including a composite trailer) which -

(a) does not form part of an articulated vehicle;

(b) is not an agricultural trailer or a trailer fitted with overrun brakes; and

(c) is drawn by a motor tractor, heavy motor car or motor car which in each case complies with the relevant braking requirement.

(2) Every vehicle to which this paragraph applies, and which has the number of axles and the axle spacing specified in an item in columns 2 and 3 of Table II, shall not exceed the total laden weight specified in that item in column 4.

TABLE II

MAXIMUM TOTAL LADEN WEIGHTS OF VEHICLES TO WHICH PARAGRAPH 7 APPLIES

1 2 3 4 Item No. of axles Distance between foremost and rearmost axles (metres) Maximum total laden weight (kg) 1 2 Less than 2.65 14230 2 2 At least 2.65 16260 3 3 or more At least 3.9 but less than 4.9 22360 4 3 At least 4.9 24390 5 3 or more At least 4.9 25000

Maximum train weights of motor vehicles drawing drawbar trailers

8. The total laden weight of a wheeled motor tractor, wheeled heavy motor car or wheeled motor car (not being in any case an agricultural motor vehicle), together with that of a wheeled trailer (other than a semi-trailer) drawn by it, shall not -

(a) exceed 32520 kg if the combination of vehicles has a total of four or more axles and if the drawing vehicle -

(i) was first used on or after 1st April 1973,

(ii) complies with the relevant braking requirement,

(iii) has every driving axle (not being a steering axle) fitted with twin tyres, and

(iv) has every driving axle fitted with road-friendly suspension;

(b) exceed 28450 kg if -

(i) the conditions referred to in sub-paragraph (a) are not met,

(ii) the trailer is fitted with power-assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of its engine, and

128 (iii) the drawing vehicle is equipped with a warning device placed so as to be readily visible to its driver and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system; or

Articulated vehicles complying with the relevant braking requirement

(a) Maximum total laden weight of motor vehicles forming part of articulated vehicles

9. (1) This paragraph applies to a wheeled heavy motor car or wheeled motor car which in either case is not an agricultural motor vehicle, forms part of an articulated vehicle, and complies with the relevant braking requirement.

(2) Every vehicle to which this paragraph applies, and which has the number of axles and the axle spacing specified in an item in columns 2 and 3 of Table III, shall not exceed -

(a) the total laden weight specified in that item in column 5; and

(b) as respects any intermediate axle, the axle weight specified in that item in column 4.

TABLE III

MAXIMUM TOTAL LADEN WEIGHTS OF VEHICLES TO WHICH PARAGRAPH 9 APPLIES

1 2 3 4 5 Item No. of axles Distance between foremost and rearmost axles Weight not Maximum (metres) exceeded by total laden any weight (kg) intermediate axle (kg) 1 2 At least 2.0 - 14230 2 2 At least 2.4 - 16260 3 3 or more At least 3.0 8390 20330 4 3 or more At least 3.8 8640 22360 5 3 or more At least 4.0 8900 22500 6 3 or more At least 4.3 9150 24390 7 3 or more At least 4.9 10170 24390

(b) Maximum total laden weights of articulated vehicles

10. Where an articulated vehicle (not being in part an agricultural motor vehicle or an agricultural trailer) complies with the relevant braking requirement, -

(a) the total laden weight of a motor vehicle with two axles and a semi-trailer shall not, -

(i) in the case of a semi-trailer with one axle, exceed 24390 kg, and

(ii) in the case of a semi-trailer with two axles, exceed 32520 kg;

(b) the total laden weight of an articulated vehicle with five or more axles shall not exceed 38000 kg if the motor vehicle is first used on or after 1st April 1973; and

(c) the total laden weight of an articulated vehicle with five or more axles shall not exceed 32520 kg if the combination does not fall within sub-paragraph (b).

129 PART III

MAXIMUM LADEN AXLE WEIGHTS

Maximum laden axle weight of two-axle buses not fitted with twin tyres and road-friendly suspension, three-axle buses, goods vehicles and trailers

11. (1) This paragraph applies to -

(a) a two-axle bus which -

(i) has its driving axle not fitted with twin tyres and road-friendly suspension, and

(ii) complies with the relevant braking requirement;

(b) a three-axle bus complying with the relevant braking requirement;

(c) a wheeled heavy motor car or wheeled motor car, being in either case a goods vehicle, complying with that requirement;

(d) a wheeled trailer drawn by a motor vehicle complying with that requirement; and

(e) a wheeled agricultural motor vehicle and a wheeled agricultural trailer.

(2) In the case of a vehicle to which this paragraph applies, the maximum laden axle weight transmitted to the road surface by any two wheels in line transversely shall not exceed 10170 kg if each wheel is fitted with a wide tyre or with two pneumatic tyres having the centres of their areas of contact with the road surface not less than 300 mm apart as measured at right angles to the longitudinal axis of the vehicle.

PART IV

MAXIMUM WEIGHTS FOR CERTAIN CLOSELY SPACED AXLES

12. (1) This paragraph applies to -

(a) a wheeled motor vehicle complying with the relevant braking requirement; and

(b) a wheeled trailer drawn by a motor vehicle complying with that requirement.

(2) In the case of a motor vehicle to which this paragraph applies, the total weight transmitted to the road surface by all the wheels of two closely spaced axles shall not, if the distance between those axles is at least 1.3 m, exceed 18000 kg.

(3) In the case of any vehicle to which this paragraph applies, the total weight transmitted to the road surface by all the wheels of three closely spaced axles shall not, if the smallest distance between any two of those axles is at least 1.3 m, exceed 22500 kg.

PART V

GENERAL

13. Where a vehicle ceases to comply with the relevant braking requirement, a weight prescribed by this Schedule and otherwise applying to the vehicle shall not be exceeded by virtue of that fact.

130 Regulations 83 and 85 SCHEDULE 14

CONDITIONS TO BE COMPLIED WITH IN RELATION TO LONG VEHICLE COMBINATIONS AND IN RELATION TO VEHICLES WITH FORWARD, REARWARD OR LATERAL PROJECTIONS OF LOAD

PART I

Advance notice to police

1. (1) Before using on a road a vehicle or vehicles to which this paragraph applies, the user of the motor vehicle shall give notice of the intended use to the Chief Constable.

(2) The notice shall be given so that it is received by the date after which there are at least two working days before the date on which the use of the vehicle or vehicles is to begin, and shall include the following details -

(a) the time, date and route of the proposed journey; and

(b) in a case to which Regulation 83(2) applies, the overall length of the vehicle or, if there is more than one vehicle, of the combination of vehicles and the length of the forward or rearward projection of -

(i) the load; or

(ii) the special appliance or apparatus;

(c) in a case to which Regulation 83(5) applies, the overall length of the combination of vehicles and the length of any forward or rearward projection of the load; and

(d) in a case of an indivisible load to which Regulation 85(2) applies, the overall length of the vehicle or, if there is more than one vehicle, of the combination of vehicles, the overall width of the vehicle or vehicles, and the width of the lateral projection or projections of the load.

(3) The Chief Constable may, at his discretion, accept a shorter period of notice or fewer details than are provided for in sub-paragraph (2).

(4) The vehicle or vehicles shall be used only in accordance with the details provided in accordance with sub- paragraph (2), which may be subject to such variation in the time, date or route as may be directed by -

(a) the Chief Constable to the user of the vehicle or vehicles; or

(b) a police constable to the driver in the interests of road safety or in order to avoid undue traffic congestion.

(5) In this paragraph, -

"bank holiday" means a day which is a bank holiday by or under the Bank Holidays Act 198939; and

"working day" means a day which is not a Sunday, a bank holiday, Christmas Day or Good Friday.

39 1989 c. 5

131

Attendants

2. (1) Subject to sub-paragraph (2), at least one person in addition to the person or persons employed in driving a motor vehicle to which this paragraph applies shall be employed -

(a) in attending to that vehicle and its load and any other vehicle or vehicles drawn by that vehicle and the load or loads carried on the vehicle or vehicles so drawn; and

(b) to give warning to the driver of the said motor vehicle and to any person of any danger likely to be caused to any such other person by reason of the presence of the said vehicle or vehicles on the road.

(2) Where three or more vehicles as respects which the conditions in this paragraph are applicable are travelling together in convoy, it shall be a sufficient compliance with this paragraph if only the foremost and rearmost vehicles in that convoy are attended in the manner prescribed in this paragraph.

(3) For the purposes of this paragraph, when a motor vehicle is drawing a trailer or trailers, -

(a) any person employed in pursuance of section 26 of the Act in attending that vehicle or any such trailer shall be treated as being an attendant required by this paragraph as long as he is also employed to discharge the duties mentioned in sub-paragraph (1); and

(b) when another motor vehicle is used for the purpose of assisting in their propulsion on the road, the person or persons employed in driving that other motor vehicle shall not be treated as a person or persons employed in attending to the first-mentioned vehicle or any vehicle or vehicles drawn by it.

Marking of longer projections

3. (1) Every forward and rearward projection to which this paragraph applies shall be fitted with -

(a) an end marker, except in the case of a rearward projection which is fitted with a rear marking in accordance with the Lighting Regulations; and

(b) where required by sub-paragraph (3), two side markers, which shall be of the size, shape and colour described in Part II.

(2) The end marker shall be so fitted that -

(a) it is as near as practicable in a transverse plane;

(b) it is not more than 0.5 m from the extreme end of the projection;

(d) it, and the means by which it is fitted to the projection, impedes the view of the driver as little as possible; and

(e) it is clearly visible within a reasonable distance to a person using the road at the end of the vehicle from which the projection extends.

(3) Where the forward projection exceeds 1.83 m or the rearward projection exceeds 3.05 m, one side marker shall be fitted on the right-hand side and one on the left-hand side of the projection so that -

(a) each marker is as near as practicable in a longitudinal plane;

132

(b) no part extends beyond the end of the projection;

(d) the horizontal distance between each marker and the end marker or, as the case may be, the rear marking carried in accordance with the Lighting Regulations does not exceed 1 m; and

(e) each marker is clearly visible within a reasonable distance to a person using the road on that side of the projection.

(4) Every marker fitted in accordance with this paragraph shall be kept clean and unobscured and be illuminated between sunset and sunrise by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road.

Marking of shorter projections

4. A rearward projection to which this paragraph applies shall be rendered clearly visible to other persons using the road within a reasonable distance from the rear, and from either side, of the projection.

Marking of wide loads

5. (1) Subject to sub-paragraph (3), every load carried on a vehicle in circumstances where this paragraph applies shall be fitted transversely, on each side of the front and rear of the load, and in the prescribed manner, with -

(a) a prescribed marker in such a position that it is visible from the front of the vehicle; and

(b) a prescribed marker in such a position that it is visible from the rear of the vehicle.

(2) Every marker fitted pursuant to this paragraph shall be kept clean and unobscured and be illuminated between sunset and sunrise by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road.

(3) If the load does not extend beyond the longitudinal plane passing through the extreme lateral projecting point of one side of the vehicle, it shall not be necessary for a marker to be fitted to the load on that side.

(4) For the purposes of sub-paragraph (1), -

(a) a marker fitted transversely on each side of the front and rear of the load is fitted in the prescribed manner if at least part of it is within 50 mm of a longitudinal plane passing through the point on that side of the load which is farthest from the longitudinal axis of the vehicle; and

(b) a prescribed marker is a side marker of the size, shape and colour described in Part II.

133 PART II

PROJECTION MARKERS

Diagram of End Marker

Not less than 610 mm

45°

Alternate red and white Stripes 100 mm wide Not less than 610 mm

50 mm wide red border

Diagram of Side Marker

45°

Alternate red and white stripes 100 mm wide

Not less than 610 mm 50 mm wide red border

Not less than 1520 mm

MADE 23rd October 2002

JP SHIMMIN Minister for Transport

134 EXPLANATORY NOTE (This Note is not part of the Regulations)

1. These Regulations consolidate with modifications the Road Vehicles (Maintenance and Use) Regulations 1998 (SD 345/98) and regulations amending them. All those regulations are revoked by Regulation 2 and Schedule 1.

2. The modifications are fourfold. First, new Regulation 17 addresses the problem of excessively noisy motorcycle silencers, on the one hand by requiring silencers on new machines, or new replacement silencers, to be `e' or `BS' marked to guarantee their integrity (and, thereby, to guarantee that they have met internationally accepted noise standards), and on the other hand by prohibiting the use on roads of silencers marked "NOT FOR ROAD USE", which are excessively noisy and becoming a problem thereon. Apart from these requirements being enforceable on roads, it is to be noted that paragraph 6B of Schedule 2 to the Road Traffic Act 1985 will effectively make it an offence to sell or offer for sale, for use on a road, any motorcycle silencer not bearing the `e' or `BS' mark.

3. Second, new regulation 40 introduces a requirement that, where both a drawing vehicle and a trailer are fitted with dedicated ABS electrical connectors meeting the ISO (International Organisation for Standardisation) Standard 7638, those connectors must be used irrespective of any other means of ABS connection that may be available on the vehicles.

4. Third, a modification has been made to Regulation 72, which requires the fitment of Department plates or Department discs to certain heavier goods vehicles. In its unmodified form, Regulation 72 applied only to vehicles whose plated particulars were determined in limited circumstances under the Goods Vehicles (Plating) Regulations 1998 (SD 348/98). Now, the Regulation will also apply to vehicles whose plated particulars are determined in much more extensive circumstances under the Goods Vehicles (Plating without Examination of Vehicles) Regulations 2002 (SD 710/02). A Department plate or a Department disc is a laminated document which specifies or confirms a goods vehicle's total permitted laden weight and maximum permitted laden axle weights. It is affixed in a conspicuous and readily accessible position in the cab of the vehicle and facilitates enforcement of weights by the police and the Vehicle and Driving Test Centre.

5. Finally, the fourth set of modifications introduce various relaxations from requirements for vehicles which have received single vehicle approval. Such approval is a less exacting alternative to type approval, either approval being necessary for passenger cars, light goods vehicles and dual-purpose vehicles before they are licensed for the first time.

6. Copies of the British Standard specifications referred to in these Regulations may be obtained from any of the outlets operated by the British Standards Institution or by post from the British Standards Institution, Customer Service Department, 389 Chiswick High Road, London W4 4AL (telephone: 020 8996 7000) or from the Stationery Office at the address below.

135 7. Copies of GB Statutory Instruments, EC Directives and ECE Regulations referred to in these Regulations may be obtained from the Stationery Office, PO Box 29, Norwich NR3 1GN by writing there or telephoning 0870 6005522. The references to ECE Regulations are references to Regulations annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded by members of the United Nations' Economic Commission for Europe at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562). ______

136