Regulation 2 InterpretationI1

In these Regulations—

• “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995;

• F1“the Haulage Permits and Trailer Registration Act” means the Haulage Permits and Trailer Registration Act 2018;

• “the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999^f1;

• “the Designation of Approval Marks Regulations” means the Motor Vehicles (Designation of Approval Marks) Regulations 1979^f2;

• F2“abnormal load escort vehicle” means a vehicle which is clearly identifiable to other road users as a vehicle used for the purposes of escorting abnormal loads by having on its front suitable markings and on its sides and rear retro-reflective markings;

• F3“adaptive front lighting system” has the same meaning as in ECE Regulation 48;

• “agricultural vehicle” means a vehicle constructed or adapted for agriculture, grass cutting, forestry, land levelling, dredging or similar operations and primarily used for one or more of these purposes, and includes any trailer drawn by an agricultural vehicle;

• “angles of visibility” means a requirement for a lamp or reflector fitted to a vehicle to have specified horizontal and vertical angles of visibility as a requirement that at least 50 per cent. of the apparent surface must be visible from any point within those angles when every door, tailgate, boot lid, engine cover, cab or other movable part of the vehicle is in the closed position;

• “apparent surface” means for any given direction of observation, is the orthogonal projection of a light-emitting surface in a plane perpendicular to the direction of observation and touching that surface;

• “articulated bus” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “articulated vehicle” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “breakdown vehicle” means a vehicle used to attend an accident or breakdown or to draw a broken down vehicle;

• “bus” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “caravan” means a trailer which is constructed (and not merely adapted) for human habitation;

• “cc” means cubic centimetre or centimetres;

• F4“child” means a child under the age of 16 years;

• “circuit-closed tell-tale” means a light showing that a device has been switched on;

• “cm²” means square centimetre or centimetres;

• “cm” means centimetre or centimetres;

• “combat vehicle” means a vehicle of a type described at item 1, 2 or 3 in column 1 of Schedule 1 to the Motor Vehicles (Authorisation of Special Types) Order 1997^f3;

• “Community Directive 76/756/EEC, as last amended by Directive 89/278/EEC” means Council Directive 76/756/EEC of 27.7.76 (O.J. No. L262, 27.9.76, p. 1) as amended by Commission Directive 80/233/EEC of 21.11.79 (O.J. No. L51, 25.2.80, p. 8), Commission Directive 82/244/EEC of 17.3.82 (O.J. No. L109, 22.4.82, p. 31), Council Directive 83/276/EEC of 26.5.83 (O.J. No. L151, 9.6.83, p. 47), Commission Directive 84/8/EEC of 14.12.83 (O.J. No. L9, 12.1.84, p. 24) and Commission Directive 89/278/EEC of 23.3.89 (O.J. No. L109, 20.4.89, p. 38);

• “Community Directive 76/756/EEC, as last amended by Directive 91/663/EEC” means Council Directive 76/756/EEC as last amended by Directive 89/278/EEC and further amended by Commission Directive 91/663/EEC (O.J. No. L366, 31.12.91, p. 17);

• F5“conspicuity marking” means a device intended to increase the conspicuity of a vehicle, when viewed from the side or rear, by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source;

• “cycle” has the same meaning as in Article 2(2) of the 1995 Order;

• “daytime hours” means the time between half an hour before sunrise and half an hour after sunset;

• F6“daytime running lamp” has the same meaning as in ECE Regulation 48;

• “dim-dip device” means a device which is capable of causing a dipped-beam headlamp to operate at reduced intensity;

• “dipped beam” means a beam of light emitted by a lamp which illuminates the road ahead of the vehicle without causing undue dazzle or discomfort to oncoming drivers or other road users;

• “direction indicator” means a lamp on a vehicle used to indicate to other road users that the driver intends to change direction to the right or to the left;

• “dual-carriageway road” means a dual-carriageway within the meaning given in Part IV of the Schedule to the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989^f4;

• “dual-purpose vehicle” has the same meaning as in Article 2(2) of the Order of 1981;

• “Education and Library Board” has the same meaning as in Article 3(1) of the Education and Libraries (Northern Ireland) Order 1986^f5;

• “emergency vehicle” means a F7vehicle of any of the following descriptions—

  1. (a)

     a vehicle used for F8fire and rescue authority, ambulance or police purposes;

  2. (b)

     an ambulance, being a vehicle (other than an invalid carriage) which is constructed or adapted for the purposes of conveying sick, injured or disabled persons and which is used for such purposes;

  3. (c)

     a cardiac response vehicle, being a vehicle used only for the purposes of transporting medical or nursing personnel and equipment to cardiac incidents;

  4. (d)

     a vehicle owned by a body formed primarily for the purposes of fire salvage and used for those or similar purposes;

  5. (e)

     a vehicle owned by Department of Agriculture and used from time to time for the purposes of fighting fires;

  6. (f)

     F9a vehicle owned or operated by the Secretary of State for Defence and used—

     1. (i)

        for the purposes of the disposal of bombs or explosives,

     2. (ii)

        F10for the purposes of any activity—

        1. (A)

           which prevents or decreases the exposure of persons to radiation arising from a F11... radiation emergency, or

        2. (B)

           in connection with an event which could lead to a ... radiation emergency; F12or

     3. (iii)

        by the Royal Air Force Mountain Rescue Service for the purposes of rescue operations or any other emergencies, F13...

     4. (iv)

        F14...

  7. (g)

     a vehicle primarily used for the purposes of the Blood Transfusion Service provided under Article 10(1)(d) of the Health and Personal Social Services (Northern Ireland) Order 1972^f6;

  8. (h)

     a vehicle used by Her Majesty’s Coastguard or Coastguard Auxiliary Service for the purposes of giving aid to persons in danger or vessels in distress on or near the coast;

  9. (i)

     a vehicle owned by the Royal National Lifeboat Institution and used for the purposes of launching lifeboats, F15...

  10. (j)

      a vehicle primarily used for the purposes of conveying any human tissue for transplanting or similar purposes; F16F17...

  11. (k)

      a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of the investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given in section 93(4) of the Police Act 1997). F18and

  12. (l)

      a search and rescue vehicle deployed on the authority of the Chief Constable on search and rescue operations;

• “end-outline marker lamp” means a lamp fitted near the outer edge of a vehicle in addition to the front and rear position lamps to indicate the presence of a wide vehicle;

• “engineering plant” has the same meaning as in regulation 2(2) of the Construction and Use Regulations;

• “extreme outer edge” means, in relation to a side of a vehicle, the vertical plane parallel with the longitudinal axis of the vehicle, and coinciding with its lateral outer edge, disregarding the projection of—

  1. (a)

     so much of the distortion of any tyre as is caused by the weight of the vehicle,

  2. (b)

     any connections for tyre pressure gauges,

  3. (c)

     any anti-skid devices which may be mounted on the wheels,

  4. (d)

     rear-view mirrors,

  5. (e)

     lamps and reflectors,

  6. (f)

     customs seals affixed to the vehicle, and devices for securing and protecting such seals, and

  7. (g)

     special equipment;

• “front fog lamp” means a lamp used to improve the illumination of the road in front of a motor vehicle in conditions of seriously reduced visibility;

• “front position lamp” means a lamp used to indicate the presence and width of a vehicle when viewed from the front;

• “first used” shall be construed in accordance with regulation 2(4) of the Construction and Use Regulations;

• “hazard warning signal device” means a device which is capable of causing all the direction indicators with which a vehicle, or a combination of vehicles, is fitted to operate simultaneously;

• “headlamp” means a lamp used to illuminate the road in front of a vehicle and which is not a front fog lamp;

• F19“headlamp cleaning device” means a complete device with which all or part of the light emitting surface of a headlamp or an adaptive front lighting system can be cleaned;

• “headlamp levelling device” means either—

  1. (a)

     an automatic headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp is automatically maintained regardless of the load on the vehicle, or

  2. (b)

     a manual headlamp levelling device by means of which the downward inclination of any dipped-beam headlamp may be adjusted by a manual control operable from the driving seat of the vehicle;

• “home forces” means the naval, military or air forces of Her Majesty raised in the United Kingdom;

• “home forces vehicle” means a vehicle owned by, or in the service of, the home forces and used for naval, military or air force purposes;

• “horse-drawn” means, in relation to a vehicle, that the vehicle is drawn by a horse or other animal;

• “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise;

• F20“illuminable sign” means a sign which is of a type shown in Part 1 and Part 2 of Schedule 22A and complies with the requirements of that Schedule;

• “illuminated area” means—

  1. (a)

     in relation to a headlamp, front fog lamp and reversing lamp, in each case fitted with a reflector, the orthogonal projection of the full aperture of the reflector on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which the lamp is fitted. If the light emitting surface extends over only part of the full aperture of the reflector, then the projection of only that part shall be taken into account. In the case of a dipped-beam headlamp, the illuminated area is limited by the apparent trace of the cut-off on the lens;

  2. (b)

     in relation to any other lamp, the part of the orthogonal projection of the light-emitting surface on a plane (touching the surface of the lamp) at right angles to the longitudinal axis of the vehicle to which it is fitted, the boundary of which is such that if the straight edge of an opaque screen touches it at any point 98 per cent. of the total intensity of the light is shown in the direction parallel to the longitudinal axis of the vehicle. Accordingly, for the purposes of determining the lower, upper and lateral edges of the lamp, only a screen placed with its straight edge horizontally or vertically needs to be considered;

• “industrial tractor” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “installation and performance requirements” means, in relation to any lamp, reflector, rear marking or device, the requirements specified in the Schedules to these Regulations relating to that lamp, reflector, rear marking or device;

• “invalid carriage” means a mechanically propelled vehicle constructed or adapted for the carriage of one person, being a person suffering from some physical defect or disability;

• “kerbside weight” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “kg” means kilogram or kilograms;

• F21“km/h means kilometres per hour;

• “light-emitting surface” means, in relation to a lamp, that part of the exterior surface of the lens through which light is emitted when the lamp is lit, and in relation to a retro reflector that part of the exterior surface of the retro reflector from which light can be reflected;

• “m” means metre or metres;

• “main beam” means a beam of light emitted by a headlamp which illuminates the road over a long distance ahead of the vehicle;

• F22“mandatory ECE conspicuity requirements” means the requirements specified in—

  1. (a)

     paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking, and

  2. (b)

     paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is mandatory;

• “matched pair” means, in relation to lamps, a pair of lamps in respect of which—

  1. (a)

     both lamps emit light of substantially the same colour and intensity, and

  2. (b)

     both lamps are of the same size and of such a shape that they are symmetrical to one another;

• “maximum distance from the side of the vehicle” means—

  1. (a)

     in relation to a lamp fitted to a vehicle, the shortest distance from the boundary of the illuminated area to an extreme outer edge of the vehicle, and

  2. (b)

     in relation to a retro reflector fitted to a vehicle, the shortest distance from the boundary of the reflecting area to an extreme outer edge of the vehicle;

• “maximum gross weight” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “maximum height above the ground” means the height above which no part of the illuminated area in the case of a lamp, or the reflecting area in the case of a retro reflector, extends when the vehicle is at its kerbside weight and when each tyre with which the vehicle is fitted is inflated to the pressure recommended by the manufacturer of the vehicle;

• “maximum speed” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “minimum height above the ground” means the height below which no part of the illuminated area in the case of a lamp, or the reflecting area in the case of a retro reflector, extends when the vehicle is at its kerbside weight and when each tyre with which the vehicle is fitted is inflated to the pressure recommended by the manufacturer of the vehicle;

• “mm” means millimetre or millimetres;

• “motor bicycle combination” means a combination of a solo motor bicycle and a sidecar;

• “motor tractor” has the same meaning as in Article 3(1) of the 1995 Order;

• “motorway” means a road designated as a special road under Article 15 of the Roads (Northern Ireland) Order 1993^f7;

• “movable platform” means a platform which is attached to, and may be moved by means of, an extendible boom;

• “mph” means mile per hour or miles per hour;

• “obligatory” means, in relation to a lamp, reflector, rear marking or device, a lamp, reflector, rear marking or device with which a vehicle, its load or equipment is required by these Regulations to be fitted;

• “operational tell-tale” means a warning device readily visible or audible to the driver and showing whether a device that has been switched on is operating correctly or not;

• “optional” means, in relation to a lamp, reflector, rear marking or device, a lamp, reflector, rear marking or device with which a vehicle, its load or equipment is not required by these Regulations to be fitted;

• F23“optional ECE conspicuity requirements” means the requirements specified in—

  1. (a)

     paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking, and

  2. (b)

     paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is optional;

• “overall length” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “overall width” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “pair” means, in relation to lamps, reflectors or rear markings a pair of lamps, reflectors or rear markings, including a matched pair, one on each side of the vehicle, in respect of which the following conditions are met—

  1. (a)

     each lamp, reflector or rear marking is at the same height above the ground, and

  2. (b)

     each lamp, reflector or rear marking is at the same distance from the extreme outer edge of the vehicle;

• In the case of an asymmetric vehicle, these conditions shall be deemed to be met if they are as near as practicable to being met;

• “passenger vehicle” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “pedal retro reflector” means a retro reflector attached to or incorporated in the pedals of a cycle or motor bicycle;

• “pedestrian-controlled vehicle” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• F24...

• F25“radiation emergency” has the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019.

• “rear fog lamp” means a lamp used to render a vehicle more readily visible from the rear in conditions of seriously reduced visibility;

• “rear position lamp” means a lamp used to indicate the presence and width of a vehicle when viewed from the rear;

• “rear retro reflector” means a retro reflector used to indicate the presence and width of a vehicle when viewed from the rear;

• “rear registration plate lamp” means a lamp used to illuminate the rear registration plate;

• “reflecting area” means, in relation to a retro reflector fitted to a vehicle, the area of the orthogonal projection on a vertical plane (touching the surface of the reflector)—

  1. (a)

     at right angles to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a front or a rear retro reflector, and

  2. (b)

     parallel to the longitudinal axis of the vehicle of that part of the reflector designed to reflect light in the case of a side retro reflector;

• “reversing lamp” means a lamp used to illuminate the road to the rear of a vehicle for the purpose of reversing and to warn other road users that the vehicle is reversing or about to reverse;

• “road clearance vehicle” means a mechanically propelled vehicle used for dealing with frost, ice or snow on roads;

• F26“roof bar” means an appliance fitted to the roof of a vehicle which is of a type described in Schedule 22C and complies with the requirements of that Schedule;

• “running lamp” means a lamp (not being a front position lamp, an end-outline marker lamp, headlamp or front fog lamp) used to make the presence of a moving motor vehicle readily visible from the front;

• F27“school” has the same meaning as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;

• “school service” means a bus service—

  1. (i)

     which operates during term time only in accordance with a timetable and is normally available to members of the general public and is regularly used by such members but the main purpose of that service is to carry a child to or from his school;

  2. (ii)

     provided or secured by an Education and Library Board pursuant to arrangements made under Article 52 of the Education and Libraries (Northern Ireland) Order 1986; and

  3. (iii)

     which is provided by a bus which is the property of an Education and Library Board and is painted in the distinctive livery of that Board;

• “separation distance” means, in relation to two lamps or two retro reflectors, except where otherwise specified, the shortest distance between the orthogonal projections in a plane perpendicular to the longitudinal axis of the vehicle of the illuminated areas of the two lamps or the reflecting areas of the two reflectors;

• “service braking system” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “side marker lamp” means a lamp fitted to the side of a vehicle or its load and used to render the vehicle more visible to other road users;

• “side retro reflector” means a reflector fitted to the side of a vehicle or its load and used to render the vehicle more visible from the side;

• F28“small bus” means a motor vehicle which is constructed or adapted to carry more than eight but not more than sixteen seated passengers in addition to the driver;

• “solo motor bicycle” means a motor bicycle without a sidecar;

• “special equipment” means a movable platform fitted to a vehicle, the apparatus for moving the platform and any jacks fitted to the vehicle for stabilising it while the movable platform is in use;

• “special warning lamp” means a lamp, fitted to the front or rear of a vehicle, capable of emitting a blue flashing light and not any other kind of light;

• F29“standard sign” means a sign which is of a type shown in Schedule 22 and complies with the requirements of that Schedule;

• “stop lamp” means a lamp used to indicate to road users that the brakes of a vehicle or combination of vehicles are being applied;

• “traffic sign” has the same meaning as in Article 2(2) of the 1995 Order;

• “trailer” means a vehicle constructed or adapted to be drawn by another vehicle;

• “unladen weight” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “vehicle in the service of a visiting force or of a headquarters” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “visiting vehicle” means a vehicle brought temporarily into Northern Ireland by a person resident outside the United Kingdom;

• “warning beacon” means a lamp that is capable of emitting a flashing or rotating beam of light throughout 360° in the horizontal plane;

• F30“warning light” means a lamp which is of a type described in Schedule 22B and complies with the requirements of that Schedule;

• “wheel” has the same meaning as in regulation 2(1) of the Construction and Use Regulations (see also paragraph (6));

• “wheeled” has the same meaning as in regulation 2(1) of the Construction and Use Regulations;

• “work lamp” means a lamp used to illuminate a working area or the scene of an accident, breakdown or roadworks in the vicinity of the vehicle to which it is fitted;

• “s trailer” has the same meaning as in regulation 2(1) of the Construction and Use Regulations.

• “works truck” has the same meaning as in regulation 2(1) of the Construction and Use Regulations.

In these Regulations a reference to a bus carrying a child to or from his school is a reference to a bus carrying a child—

Material designed primarily to reflect light is, when reflecting light, to be treated for the purposes of these Regulations as showing a light, and material capable of reflecting an image is not, when reflecting the image of a light, to be so treated.

In these Regulations a reference to one lamp, except in the case of a dipped-beam headlamp, a main-beam headlamp and a front fog lamp, includes any combination of two or more lamps, whether identical or not, having the same function and emitting light of the same colour, if it comprises devices the aggregate illuminated area of which occupies 60 per cent. or more of the area of the smallest rectangle circumscribing those illuminated areas.

In these Regulations a reference to two lamps includes—

Where a part fitted to a vehicle is required by these Regulations to be marked with a British Standard mark, the requirements shall not be regarded as met unless, in addition to being marked as required, the part complied with the relevant British Standard at the time when the part was first fitted to the vehicle.

A reference in these Regulations to the number of wheels of a vehicle shall be construed in accordance with regulation 2 of the Construction and Use Regulations.

A reference in a Schedule to there being no requirement in relation to a lamp, reflector, rear marking or device is without prejudice to any other provision in these Regulations affecting same.

In these Regulations, a reference to “ECE Regulation” followed by a number is a reference to the regulation of the same number 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 2^nd March 1958 as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for reciprocal recognition of approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5^th October 1995.

In these Regulations, a reference to ECE Regulation 48 is to that Regulation as amended by the 03 series of amendments (as in force on 12^th June 2007) with the following modifications—