
1992 No. 352
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) Regulations 1992
Made 24th February 1992
Laid before Parliament 28th February 1992
Coming into force 1st April 1992
The Secretary of State, in exercise of the powers conferred by section 41(1), (2)(g) and (5) of the Road Traffic Act 1988 and of all other enabling powers, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following regulations:—
Commencement and Citation
1 
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amend ment) Regulations 1992 and shall come into force on 1st April 1992.
2 
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to Regulation 15 (braking systems of certain vehicles first used on or after the 1st of April 1983)
3 

(1) Regulation 15 shall be amended as follows.
(2) In the Table for sub-paragraph (c) in column 2 of item 1 there shall be substituted—“
(c) vehicles with three wheels, an unladen weight not exceeding 410 kg, a maximum design speed not exceeding 50 km/h and an engine capacity not exceeding 50 cc;”.
(3) In paragraphs (3)(d)(i) and (4) for “or 13.05” there shall be substituted “, 13.05 or 13.06”.
(4) For paragraph (5) there shall be substituted—“
(5) Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.05 or 13.06.
(5A) Instead of complying with paragraph (1C) of this regulation, a vehicle to which this regulation applies may comply—
(a) in the case of a trailer manufactured before the 1st April 1992, with ECE Regulation 13.05 or 13.06; or
(b) in the case of any vehicle not falling within sub-paragraph (a), with ECE Regulation 13.06.”
Amendments to regulation 16 (braking systems of other vehicles)
4 

(1) Regulation 16 shall be amended as follows.
(2) In paragraph (2) for the words “regulation 15(1)” onwards there shall be substituted the words “regulation 15(1), (1A) or (1C), or which complies with Community Directive 79/489, 85/647 or 88/194 or ECE Regulation 13.03, 13.04, 13.05 or 13.06”.
(3) For paragraph (5) there shall be substituted the following paragraphs—“
(5) Subject to paragraphs (5B) and (6), the braking system of a motor cycle to which this regulation applies and which is—
(a) of a class specified in an item in column 2 of the Table below; and
(b) first used on or after 1st April 1987 and before 22nd May 1995;
shall comply with ECE Regulation 13.05, 78 or 78.01 in relation to the category of vehicles specified in that item in column 3.
(5A) Subject to paragraph (6), the braking system of a motor cycle to which this regulation applies and which is—
(a) of a class specified in an item in column 2 of the Table below; and
(b) first used on or after 22nd May 1995;
shall comply with ECE Regulation 78.01 in relation to the category of vehicles specified in that item in column 3.

TABLE
(Regulation 16(5) and (5A))
1 2 3
Item Class of Vehicle Vehicle Category in ECE Regulations
1 Vehicles (without a sidecar attached) with two wheels, an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h. L1
2 Vehicles with three wheels (including two-wheeled vehicles with a sidecar attached) and with an engine capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km/h. L2
3 Vehicles with two wheels (without a sidecar attached) and with—
(a) an engine capacity exceeding 50 cc, or
(b) a maximum design speed exceeding 50 km/h. L3
4 Vehicles with two wheels, a sidecar attached and—
(a) an engine capacity exceeding 50 cc, or
(b) a maximum design speed exceeding 50 km/h. L4”
(4) Paragraph (5A) shall be renumbered as paragraph (5B).
Amendments to Regulation 17 (vacuum or pressure brake warning devices)
5 

(1) In regulation 17(2)(a)—
(a) for the words “paragraph (1) or (1A)” there shall be substituted the words “paragraph (1), (1A) or (1C)”; and
(b) for “or 13.05” there shall be substituted “, 13.05 or 13.06”.
Amendments to Regulation 18 (maintenance and efficiency of brakes)
6 

(1) Regulation 18 shall be amended as follows.
(2) After paragraph (1) there shall be inserted the following paragraph—“
(1A) Without prejudice to paragraph (3), where a vehicle is fitted with an anti-lock braking system (“the ABS”), then while the condition specified in paragraph (1B) is fulfilled, any fault in the ABS shall be disregarded for the purposes of paragraph (1).
(1B) The condition is fulfilled while the vehicle is completing a journey at the beginning of which the ABS was operating correctly or is being driven to a place where the ABS is to undergo repairs.”.
(3) In item 1 in Table I and in paragraph (8) for “or 13.05” there shall be substituted “, 13.05 or 13.06”.
Amendments to Schedule 3 (braking requirements)
7 
In the Table in Schedule 3, in items 4 and 6, for “or 13.05” there shall be substituted “, 13.05 or 13.06”.
Consequential amendments
8 
In Table II of Schedule 2—
(a) item 5 shall be re-numbered as item 4A;
(b) after item 4A as so re-numbered there shall be inserted the following item—“
4B 13.06 13 29.5.69 Brakes 22.11.90 — —”;
(c) after item 9, there shall be inserted the following items—“
9A 78 78 15.10.88 Brakes — — —
9B 78.01 78 15.10.88 Brakes 22.11.90 — —”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
24th February 1992