{
  "url": "https://openlegislation.uk/road-vehicles-construction-and-use-amendment-regulations-1995/note",
  "json_url": "https://openlegislation.uk/road-vehicles-construction-and-use-amendment-regulations-1995/note.json",
  "legislation": "uksi/1995/551",
  "legislation_title": "The Road Vehicles (Construction and Use) (Amendment) Regulations 1995",
  "legislation_url": "https://openlegislation.uk/road-vehicles-construction-and-use-amendment-regulations-1995",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 in relation to brakes and tyres. Apart from minor drafting changes, the Regulations make the following changes of substance.\nBraking systems of certain vehicles first used on or after 1st April 1995\nRegulation 15 of the 1986 Regulations is amended so as to require (with certain exceptions) motor vehicles first used on or after 1st April 1995 and trailers manufactured on or after that date to comply with certain requirements set out in Council Directive 71/320/EEC as last amended by Commission Directive 91/422/EEC. Motor vehicles first used on or after 1st April 1992 and trailers manufactured on or after 1st October 1991 currently have to comply with certain requirements of Council Directive 71/320/EEC as last amended by Commission Directive 88/194/EEC.\nRegulation 15 as originally enacted modified the Directives as applied by the regulation so that buses would not have to comply with paragraph 1.1.4.2 of Annex II to Directive 71/320/EEC as last amended by Directive 79/489/EEC. That paragraph requires the behaviour of vehicles on a road surface having reduced adhesion to fulfil specified conditions. Regulation 15(3) is amended so that coaches first used on or after 1st April 1996 will have to comply with the paragraph. Other buses are not affected by the amendment.\nA new regulation 15(3B) is inserted which provides that motor vehicles to which the new paragraph (1D) applies and which are first used on or after the 1st April 1996 must not be fitted with an integrated retarder unless either:\n(a) the motor vehicle is fitted with an anti–lock device which acts on the retarder and meets certain requirements specified in the Directive, or\n(b) the retarder is fitted with a cut–out device which allows the combined control to apply the service braking system alone and which can be operated by the driver from the driving seat.\nRegulation 15 as amended is set out in a Schedule.\nBraking systems of other vehicles\nRegulation 16(5A) requires the braking systems of certain motor cycles to comply with ECE Regualtion 78.01. A new paragraph (6A) is inserted which exempts vehicles with a maximum speed not exceeding 25 km/h and vehicles fitted for an invalid driver.\nMaintenance of efficiency of brakes\nRegulation 18(3) requires certain vehicles to be maintained so that the efficiency of the braking systems meets the requirements set out in a Table.\nParagraph (2) as originally enacted exempted certain agricultural motor vehicles, works trucks and pedestrian–controlled vehicles from the braking efficiency require– ments. Paragraph (2) is amended so that industrial tractors are also exempt.\nThe Table as originally enacted did not prescribe any braking efficiency requirements for buses first used on or after 15th August 1928 and before 1st January 1968. The Table is amended so that such buses will be required to meet braking efficiency requirements that are similar to the requirements for a goods vehicle in like circumstances.\nA new paragraph (4A) is added to regulation 18. Its effect, in relation to a bus first used on or after the 1st April 1982, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when the vehicle is so laden that its gross weight is its maximum gross weight as defined in the Regulations. The effect of the paragraph, in relation to buses first used before that date, is that the vehicle will not be regarded as meeting the braking efficiency requirements unless it is capable of meeting those requirements when it is so laden that its gross weight is equal to a weight calculated by reference to its unladen weight, its seating capacity and its standing capacity.\nTyre loads and speed ratings\nRegulation 25(7) requires the tyres of certain vehicles first used on or after the 1st April 1991 to be marked with an EC approval mark or to comply with ECE Regulations 30.01, 30.02 or 54. The vehicles include goods vehicles, trailers and buses. The requirements do not, however, apply to retreaded tyres.\nNew paragraphs (7B) and (7C) are inserted. They exempt tyres from the requirements of paragraph (7) in certain circumstances. The exemption is only applicable to a tyre designed so as to be capable of being fitted to an agricultural vehicle. In order to be exempt the tyre must be marked with a speed symbol and a load capacity index. The exemption applies only while the vehicle is travelling at a speed not exceeding the speed indicated by the speed symbol or 50 mph (whichever is the less) and the load on the tyre does not exceed the load indicated by the load capacity index.\nTrailers\nA new regulation 86A is inserted. Paragraph (1) applies to a trailer manufactured on or after the 1st October 1982 which is not fitted with a device designed to stop the trailer automatically in the event of the separation of the main coupling. The paragraph provides that the trailer must not be used on a road unless a secondary coupling is attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.\nParagraph (3) applies to certain other trailers manufactured on or after the 1st October 1982. The trailers are those which are fitted with a device which is designed to stop the trailer automatically in the event of the separation of the main coupling where the operation of the device depends on a secondary coupling linking the device to the drawing vehicle. The paragraph prohibits the use of the trailer on a road unless the secondary coupling is properly attached to the drawing vehicle and trailer. Certain trailers are exempt from this provision.\nA compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room C19/08, 2 Marsham Street, London SW1P 3EB (telephone 0171 276 6423). A copy has been placed in the library of each House of Parliament.\nCopies of the EC Directives and ECE Regulations relevant to these Regulations can be obtained from Her Majesty’s Stationery Office. The details of the Directives and ECE Regulations are set out in the Tables below.\nEC DIRECTIVES\nPrincipal Instrument\nRelevant Amending Instruments\nCouncil Directive 71/320/EEC of 26th July 1971 (OJ No. L202, 6.9.71, p.37).\nCommission Directive 74/132/EEC of 11th February 1974 (OJ No. L74, 19.3.74, p.7), Commission Directive 75/524/EEC of 25th July 1975 (OJ No. L236, 8.9.75, p.3), Commission Directive 79/489/EEC of 18th April 1979 (OJ No. L128, 26.5.79, p.12), Commission Directive 85/647/EEC of 23rd December 1985 (OJ No. L380, 31.12.85, p.1) Commission Directive 88/194/ EEC of 24th March 1988 (OJ No. L92, 9.4.88, p.47), and Commission Directive 91/422/EEC of 15th July 1991 (OJ No. L233, 22.8.91, p.21, to which there is a corrigendum in OJ No. L275, 2.10.91, p.36.\nECE REGULATIONS\nPrincipal Instrument\nRelevant Amending Instruments\nRegulation 13 annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 (Cmnd 2535) as amended (Cmnd 3562) to which the United Kingdom is a party by an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963 (“the ECE Agreement”).\nRevised on 11th July 1974;\namended on 4th January 1979;\namended on 11th August 1981;\namended on 26th November 1984;\namended on 1st April 1987;\namended on 5th October 1987;\namended on 29th July 1988;\namended on 22nd November 1990.\nRegulation 78 annexed to the ECE Agreement\nAmended on 22nd November 1990.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/551/note",
    "retrieved_at": "2026-10-29T13:14:49.817683+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}