Regulation 8 Insertion of regulation 23A

After regulation 23 of the principal Regulations insert—

“Application of the ECE conspicuity requirements

23A.

(1)

Subject to paragraphs (2), (3) and (4), a “relevant goods vehicle” to which this regulation applies is—

(a)

a motor vehicle first used on or after 10^th July 2011; or

(b)

a trailer sold or supplied by retail on or after 10^th July 2011,

and shall be fitted with conspicuity markings which comply with the mandatory ECE conspicuity requirements.

(2)

Paragraph (1) does not apply in respect of a relevant goods vehicle which is—

(a)

a motor vehicle with a maximum gross weight not exceeding 7500 kg;

(b)

a trailer with a maximum gross weight not exceeding 3500 kg;

(c)

an incomplete vehicle proceeding to a works for completion or to a place where it is to be stored or displayed for sale; or

(d)

a motor car or heavy motor car intended to form part of an articulated vehicle.

(3)

If the overall length of a relevant goods vehicle does not exceed 6 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the side of that vehicle.

(4)

If the overall width of a relevant goods vehicle does not exceed 2.1 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the rear of the vehicle.

(5)

To the extent that, pursuant to paragraph (3) or (4), a relevant goods vehicle is not required to be fitted with conspicuity markings to the side or rear that comply with the mandatory ECE conspicuity requirements, conspicuity markings which comply with the optional ECE conspicuity requirements may be fitted to the side or rear (as the case may be).

(6)

Subject to paragraph (7), a vehicle which is not a relevant goods vehicle may be fitted with conspicuity markings which comply with the optional ECE conspicuity requirements.

(7)

Paragraph (6) does not apply in respect of—

(a)

a passenger vehicle (other than a bus); or

(b)

a trailer with a maximum gross weight not exceeding 750 kg.

(8)

A requirement imposed under regulation 21 or 23 is to be disregarded to the extent it is incompatible with paragraph (1), (5) or (6).

(9)

In this regulation “motor car” and “heavy motor car” have the same meaning as in regulation 2 of the Construction and Use Regulations.”.