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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 No. 3165 URL: http://www.bailii.org/uk/legis/num_reg/2005/20053165.html |
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Made | 11th November 2005 | ||
Laid before Parliament | 17th November 2005 | ||
Coming into force | 12th December 2005 |
"11 |
A vehicle being used on a road by a vehicle examiner, who has been authorised in writing by the Secretary of State for the purpose of—
(b) removing the vehicle following that examination. |
The regulations in Part 2. Regulations 67, 75 to 79 and 100." |
Amendment of regulation 33 (mirrors)
5.
For regulation 33, there shall be substituted the regulation set out in the Schedule to these Regulations.
Amendment to Schedule 2 (Community Directives and ECE Regulations)
6.
—(1) In Table 1 in Schedule 2, in the appropriate numerical positions, there shall be added the following items—
"74C | 96/96 | 20.12.96 | L46, 17.2.97, p.1 | Roadworthiness tests for motor vehicles and their trailers | ||
83 | 2000/30 | 6.6.2000 | L203, 10.8.2000, p.1 | Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community | ||
84 | 2002/85 | 5.11.2002 | L57, 4.12.2002, p.327 | Installation and use of speed limitation devices for certain categories of motor vehicles in the Community | 92/6 | |
85 | 2003/26 | 3.4.2003 | L90, 8.4.2003, p.37 | Speed limiters and exhaust emissions of commercial vehicles | 2000/30 | |
86 | 2003/27 | 3.4.2003 | L90, 8.4.2003, p.41 | Testing of exhaust emissions from motor vehicles | 96/96 | |
87 | 2003/97 | 10.11.2003 | L25, 29.1.2004, p.1 |
Devices for indirect vision |
71/127 as amended by 79/795, 85/205, 86/562 and 88/321 |
|
88 | 2004/11 | 11.2.2004 | L44, 14.2.2004,p.19 | Speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles | 92/24 | 9A |
89 | 2005/27 | 30.3.2005 | L81, 30.3.2005, p.44 | Devices for indirect vision | 71/127 as replaced by 2003/97" |
(2) In Table 2 in Schedule 2, after item 21A there shall be added the following item—
" | 21A(1) | 46.02 | 46 | 21.10.84. | Mirrors | 23.06.05 | " |
(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—
(c) if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(d) if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and
(e) if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01.
(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in—
(7) In this regulation—
(8) In the case of—
when drawing a trailer the references to a vehicle in the definitions in paragraph (7) shall be construed as including references to that trailer.
TABLE
(regulation 33(1))
1 | 2 | 3 | 4 | 5 |
Item | Class of vehicle | Mirrors or other devices for indirect vision to be fitted | Requirements to be complied with by any mirrors fitted | Requirements to be complied with by any other devices for indirect vision where fitted |
1 |
A motor vehicle which is—
(b)
(ii) a track-laying agricultural motor vehicle; and (iii) a wheeled agricultural motor vehicle first used before 1st June 1978, if, in each case, the driver can easily obtain a view to the rear;
(c) a pedestrian-controlled vehicle;
(ii) is a wheeled vehicle first used before 1st June 1978. |
No requirement. |
(a) If the vehicle is a wheeled vehicle first used on or after 1st June 1978, Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. (b) In other cases, none, except as specified in paragraph (3). |
None |
2. |
A motor vehicle not included in item 1, which is—
(b) an agricultural motor vehicle, not being a track-laying vehicle with an unladen weight not exceeding 7370 kg (which falls in item 11) or a wheeled agricultural motor vehicle first used after 1st June 1986 which is driven at more than 20 mph (which falls in item 8); or (c) a works truck. |
At least one exterior mirror fitted on the offside. | None, except as specified in paragraphs (2) and (3). | None. |
3. | A wheeled motor vehicle not included in items 1 or 4 first used on or after 1st April 1983 which is— | Mirrors complying with item 3 of Annex I to Community Directive 79/795 or with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01 or, except in the case of a goods vehicle first used on or after 1st April 1985, mirrors as required in the entry in this column in item 8. | Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None. |
(a) a bus; or (b) a goods vehicle with a maximum gross weight exceeding 3500 kg (not being an agricultural motor vehicle or one which is not driven at more than 20 mph) other than a vehicle described in item 5. |
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4. | A wheeled motor vehicle not included in item 1 first used on or after 26th January 2007 which is— | (a) and (b)(ii) Mirrors and other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
(a) a bus; (b) a goods vehicle with a maximum gross weight— |
(b)
|
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(i) exceeding 3500 kg but not exceeding 7500 kg; or (ii) exceeding 7500 kg but not exceeding 12,000 kg;
(not being an agricultural motor vehicle or one which is not driven at more than 20 mph). |
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5. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 1st October 1988 and before 26th January 2007. | Mirrors complying with paragraph 2.1 of Annex III to Community Directive 86/562 or 88/321 or paragraph 16.2.1 of ECE Regulation 46.01. | Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01. | None |
6. | A goods vehicle not being an agricultural motor vehicle with a maximum gross weight exceeding 12,000 kg which is first used on or after 26th January 2007. | Mirrors or other devices for indirect vision complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | Part B of Annex II to Community Directive 2003/97 or paragraph 4, 5 and 6.2 of ECE Regulation 46.02. |
7. | A two-wheeled motor cycle with or without a sidecar attached. | No requirement. |
(a) If the vehicle is first used on or after 1st October 1978, Item 2 of Annex I to Community Directive 71/127, 79/795 or 80/780 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraph (4) of this regulation. (b) In other cases, none. |
None. |
8. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 1st June 1978 (or, in the case of a Ford Transit motor car, 10th July 1978) and before 26th January 2010. |
(i) At least one exterior mirror fitted on the offside of the vehicle; and (ii) at least one interior mirror, unless a mirror so fitted would give the driver no view to the rear of the vehicle; and (iii) at least one exterior mirror fitted on the nearside of the vehicle unless an interior mirror gives the driver an adequate view to the rear. |
Item 2 of Annex I to Community Directive 71/127 or 79/795 or Annex II to Community Directive 86/562 or 88/321 or paragraphs 4 to 8 of ECE Regulation 46.01 and paragraphs (2) and (4) of this regulation. | None. |
9. | A wheeled motor vehicle not in items 1 to 7, which is first used on or after 26th January 2010. | Mirrors complying with Annex III to Community Directive 2003/97 or 2005/27 or paragraph 15 of ECE Regulation 46.02. | Paragraph 6 of Annex I and Annex II to Community Directive 2003/97 or 2005/27 or paragraphs 4, 5 and 6.1 of ECE Regulation 46.02. | If fitted to comply with Part B of Annex II to Community Directive 2003/97 or paragraphs 4, 5 and 6.2 of ECE Regulation 46.02. |
10. |
A wheeled motor vehicle, not in items 1 to 7, first used before 1st June 1978 (or in the case of a Ford Transit motor car, 10th July 1978) and a track-laying motor vehicle which is not an agricultural motor vehicle first used on or after 1st January 1958, which in either case is—
(b) a dual-purpose vehicle; or (c) a goods vehicle. |
At least one exterior mirror fitted on the offside of the vehicle and either one interior mirror or one exterior mirror fitted on the near-side of the vehicle. |
None, except as specified in paragraph (3). | None. |
11. | A motor vehicle, whether wheeled or track-laying, not in items 1 to 10. | At least one interior or exterior mirror. | None, except as specified in paragraph (3). | None." |
Old item no | New item no | Old item no | New item no | Old item no | New item no |
1 | 1 | 4 | 5 | 9 | |
2 | 2 | 6 | 7 | 10 | |
3 | 3 | 5 | 7 | 8 | 11 |
4 | 6 | 8 |
[2] S.I. 1986/1078, as amended by instruments up to and including S.I. 2005/2987.back