KNOW T AW
Page 59
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by Les Oldridge, T.Erig(CE1), MIMI, AMIRTE
Changes in C &U Regulations, 3
REGULATION 18 of the Motor Vehicle (Construction and Use) Regulations 1978 requires that all motor vehicles, with minor exceptions, have to be fitted with speedometers. This I pointed out in my last article. Regulation 98 of the same Regulations require that speedometers are maintained in good working order and free from any obstruction which might prevent the speedometer being easily read.
There are two useful statutory defences to a charge against this Regulation: 1, that the defect occurred in the course of the journey during which contravention was detected, and 2, at the time contravention was detected steps had already been taken to have the defect remedied with all reasonable expedition.
As far as I am aware there has never been any stated case on exactly what is meant by "all reasonable expedition,but one would think a commonsense view must be taken.
Let us look at a hypothetical case. Suppose a speedo head develops a fault and a replacement is not available at the local agent for that particular make of vehicle. There would appear to be no reason to lay the vehicle up. One would think that a telephone or telex message to the manufacturer of the speedometer asking for a new head to be forwarded without delay would be acting with -all reasonable expedition."
An order sent by second-class post would not meet the requirements Of the regulation.
It would be prudent to provide the driver of the vehicle with written evidence of the action taken to repair the speedometer so that he could produce something to satisfy any inquiring police officer or vehicle examiner that everything possible was being done to remedy the defect.
Incidentally, the fact that a speedometer is not working is no defence to a charge of exceeding the speed limit although it may be brought forward in mitigation.
Construction of petrol tank: Regulation 19
Petrol tanks, including those providing fuel for any ancillary engine must be made of metal and be fitted in such a position that it is reasonably secure against being damaged. Provision must be made to prevent any petrol or vapour leaking from the tank. Pressure relief devices are, however, permitted. Vehicles carrying an approval mark as laid down by the Motor Vehicles (Designation of Approval Marks) Regulations 1976, are exempt from the requirements of this Regulation.
Diameter of wheels: Regulation 20
If wheels are fitted with any type of tyre except pneumatic ones then the rim diameter of the wheel.must not be less than 670mm (2ft 2.37in). Exceptions to this rule are for vehicles first used before January 1933; for works trucks or trailers, vehicles used for street cleaning, refuse collection or gully emptying; pedestrian controlled vehicles, mobile cranes; land implements; broken down vehicles; any electrically propelled goods vehicle the unladen weight of which does not exceed 1,270kg (25cwt). Wheels fitted to motor cars first used on or before July 1, 1936, are also exempt if the wheel inclusive of the tyre has a diameter of not less than 670mm.
Reversing: Regulation 21
Motor vehicles exceeding 410kg (903.91b) must be fitted with a reverse gear.
View to the front: Regulation 22
Every vehicle must be constructed so that the driver can have a full view of the road and traffic ahead of the vehicle.
Mirrors: Regulations 23 and 24
The law concerning driving mirrors is divided into two, one part for older vehicles and the other for new ones. Summarised, the requirements for the older vehicles are that on goods vehicles, dual-purpose vehicles and passenger vehicles adapted to carry more than seven passengers exclusive of the driver, two mirrors are required, one externally on the offside and one internally or externally on the nearside to allow the driver to become aware of traffic to the rear and on both sides rearwards. In practice this means that most goods vehicles and psv need two external mirrors. Other vehicles in the older group, except motor cycles and one or two other types such as land locomotives, unlikely to be operated by CM readers, are required to be fitted with one mirror and this one may be fitted internally or externally. On vehicles first registered on or after April 1, 1969, the edges of internal mirrors must be surrounded by some material which will render the edges of the glass unlikely to cause severe cuts if a passenger in the vehicle was thrown against them.
The Regulations for the newer vehicles apply to the following: VEHICLE MANUFACTURED ON FIRST USED ON O OR AFTER OR AFTER • Two-wheeled April 1, 1978 October 1, 1978 motorcycle Ford Transit January 10, 1978 July 10, 1978 Any other type December 1, 1977 June 1, 1978 The following vehicles are defined in the Regulation as "excepted vehicles" which need not comply with the regulations for the new type vehicles: two-wheeled motorcycles, with or without a sidecar; motor vehicle drawing a trailer if a person is carried on the trailer who is provided with an efficient means of communicating , with the driver; a works truck if the driver can get a good view to the rear; a pedestrian controlled vehicle or a vehicle chassis being delivered from the place where it has been manufactured to a place where it is to be fitted with a body.
Under the new regulations motor tractors, locomotives, works , trucks and vehicles with a design speed of less than 16mph must be fitted with one mirror on the offside of the vehicle, provided they do not fall within one of the categories discussed in the following paragraph, when they will have to comply with the requirements set out there.
Passenger, goods and dual-purpose vehicles which are not of the type set out in the previous paragraph must be equipped with an exterior mirror on the offside of the vehicle and an interior mirror. Where the interior mirror does not afford an adequate view to the rear, a nearside external mirror must be fitted. Where an internal mirror would be completely useless because no view to the rear could be obtained through it, it may be dispensed with. Mirrors must bear the approval mark required by the Approval Mark Regulations, and be fixed in such a way that they remain steady under normal driving conditions. External mirrors must be visible to. the driver through a .side window or through the portion of the windscreen which is swept by the windscreen wiper.
Both the internal and the external mirror on the driver's side. (unless it is a springback mirror) must be capable of adjustment from the driving seat.
Vehicles having a technically permissible maximum weight exceeding 3.5 metric tons are required to be fitted with Class H mirrors and for other vehicles either Class II or III mirrors as mentioned in Annex 1 to Council Directive 71/127/ EEC are 'required.