Explanatory note

The Road Vehicles (Construction and Use) Regulations 1986 (SI 1986/1078) (“the 1986 Regulations”) include provisions which prescribe construction requirements for minibuses and coaches.

It is necessary that the 1986 Regulations are modified so that compliance with Directive 2001/85/EC (OJ L42 13.2.2002 p1) (“the Directive”) is offered as an alternative, as article 2 of the Directive provides that member States shall not refuse or prohibit sale or entry into service of a vehicle, or of bodywork intended to be part of the vehicle which may be type approved separately, if the requirements of the Directive and its Annexes are met.

Regulations 3 and 4 provide that the requirements of the 1986 Regulations may alternatively be met by a vehicle satisfying such of the Annexes of Directive 2001/85/EC as apply to it.

A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. It also covers the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No3) Regulations 2005 (S.I. 2005/2986) and the Public Service Vehicles Accessibility (Amendment) Regulations 2005 (S.I. 2005/2988). Copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. Alternatively, copies can be obtained from the Department’s website which is at www.dft.gov.uk. The Directive can be obtained from the Stationery Office (telephone: 0870 2600 5522, website: www.tsoshop.co.uk).

This Explanatory Note incorporates the Transposition Note that would otherwise be required.