# The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1988, Note: Explanatory note


(This note is not part of the Regulations)
These regulations amend regulation 33 of the Road Vehicles (Construction and Use) Regulations 1986.
The principal changes to the Regulations are as follows—
(a) Firstly the Regulations are amended in consequence of Community Directive 86/562 which further amended Directive 71/127. Directive 85/205 which earlier amended Directive 71/127 required all rear view mirrors EEC component type-approved after 1st October 1986 to bear the type-approval mark with the sequence number 02. Directive 86/562 permits sequence number 01 to be retained for Class I, II or III rear-view mirrors.
(b) Secondly these regulations substitute a new regulation 33(5). The previous provision—
(i) enabled goods vehicles with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 to be used on the road if they complied with the requirements of Directive 71/127 as amended by Directive 79/795, or with Directive 71/127 as further amended by Directive 85/205; and
(ii) enabled other vehicles to be so used if they complied with the requirements of Directive 71/127, or with Directive 71/127 as amended by Directive79/795 or with Directive 71/127 as further amended by Directive 85/205, or in addition in the case of agricultural motor vehicles with Directive 74/346.
(c) The effect of the new regulation 33(5) is that—
(i) goods vehicles with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989 may comply with the requirements described in paragraph (b)(i) of this Note or in addition with the requirements of Directive 71/127 as further amended by Directive 86/562;
(ii) goods vehicles with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg first used on or after 1st August 1989 may comply with the requirements described above in paragraph (c)(i);
(iii) goods vehicles with a maximum gross weight exceeding 12,000 kg first used on or after 1st August 1989 may comply with the requirements of Directive 71/127 as amended up to and including Directive 85/205 or 86/562, but may no longer comply with the requirements of Directive 71/127 as amended by Directive 79/795 alone;
(iv) the position for agricultural motor vehicles is unchanged except that they may now comply with the requirements of Directive 71/127 as further amended by Directive 86/562;
(v) provision is made for two-wheeled motor cycles with or without a side-car whereby they may comply with the requirements described above in paragraph (c)(i) or in addition with the requirements of Directive 80/780;
(vi) the position for other vehicles is unchanged except that they may now comply with the requirements of Directive 71/127 as further amended by Directive 86/562.
Copies of the EEC Directives referred to in these Regulations can be obtained from Her Majesty’s Stationery Office.

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Source: https://www.legislation.gov.uk/uksi/1988/1102/note (the official version)
Page: https://openlegislation.uk/road-vehicles-construction-and-use-amendment-no-2-regulations-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.