Regulation 2 Amendment of the Motor Vehicles (Construction and Use) Regulations 1999

For Part 1 (fire extinguishing apparatus) of Schedule 7 to the Motor Vehicles (Construction and Use) Regulations 1999^f1 substitute—

“PART 1

Fire Extinguishing Apparatus

Regulation 51(1)

1.

(1)

A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS EN 3-7:2004+A1:2007 and which—

(a)

has a minimum test fire rating of 8A or 34B;

(b)

contains water or foam; and

(c)

has a minimum capacity of two litres.

(2)

Sub-paragraph (1) shall not apply to a minibus if it carries apparatus for extinguishing fire which would meet the requirements of that sub-paragraph were there substituted—

(a)

for a reference in that sub-paragraph to any British Standard, a reference to a corresponding standard;

(b)

for the reference in that sub-paragraph to a test fire rating of 8A or the reference to a test fire rating of 34B, a reference to an equivalent level of performance specified in the corresponding standard; and

(c)

for the reference in regulation 51(2)(b) to the appropriate British Standards Institution Specification number, a reference to a marking indicating compliance with the corresponding standard.

(3)

In sub-paragraph (2), “corresponding standard”, in relation to a British Standard, means—

(a)

a standard or code of practice of a national standards body or equivalent body of an EEA State or the Republic of Turkey;

(b)

any international standard recognised for use as a standard by any EEA State or the Republic of Turkey; or

(c)

a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State or the Republic of Turkey,

where the standard or code of practice, international standard or technical specification provides, in relation to fire extinguishers, a level of safety equivalent to that provided by the British Standard and contains a requirement as respect the markings of fire extinguishers equivalent to that provided by the British Standard.

(4)

In sub-paragraph (3)—

• “EEA State” means a State which is a contracting party to the EEA Agreement; and

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^f2 as adjusted by the Protocol signed at Brussels on 17th March 1993^f3.”.