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The Road Vehicles (Construction and Use) Regulations 1986

The Road Vehicles (Construction and Use) Regulations 1986

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Document Generated: 2012-02-28<br />

Status: This is the original version (as it was originally made). UK Statutory Instruments<br />

are not carried in their revised form on this site. <strong>The</strong> electronic version of this UK Statutory<br />

Instrument has been contributed by Westlaw <strong>and</strong> is taken from the printed publication. Read more<br />

(i) to raise alarm as to the theft or attempted theft of the vehicle or its contents;or<br />

(ii) in the case of a bus, to summon help for the driver, the conductor or an inspector.<br />

(6) Subjectto the provisions of section 62of the Controlof Pollution Act 1974 <strong>and</strong> notwithst<strong>and</strong>ing<br />

theprovisions of paragraphs (1) <strong>and</strong> (4) above, a person may, between 12.00 hours<strong>and</strong> 19.00 hours,<br />

sound or cause or permit to be sounded an instrument or apparatus,other than a two-tone horn, fitted<br />

to or otherwise carried on a vehicle, beingan instrument or apparatus designed to emit a sound for the<br />

purpose of informingmembers of the public that the vehicle is conveying goods for sale, if, whenthe<br />

apparatus or instrument is sounded, it is sounded only for that purpose.<br />

(7) For thepurposes of this regulation the expressions which are referred to in regulation 37(10)<br />

have the meaningsthere given to them <strong>and</strong> the expression “restricted road”in paragraph (1) means a<br />

road which is a restrictedroad for the purpose of section 81of the 1984 Act.<br />

F<br />

AVOIDANCE OF DANGER<br />

Maintenance <strong>and</strong> use of vehicle so as not to be a danger, etc<br />

100.—(1) A motorvehicle, every trailer drawn thereby <strong>and</strong> all parts <strong>and</strong> accessories of<br />

suchvehicle <strong>and</strong> trailer shall at all times be in such condition, <strong>and</strong> the numberof passengers carried<br />

by such vehicle or trailer, the manner in which anypassengers are carried in or on such vehicle or<br />

trailer, <strong>and</strong> the weight, distribution,packing <strong>and</strong> adjustment of the load of such vehicle or trailer shall<br />

at alltimes be such, that no danger is caused or is likely to be caused to any personin or on the vehicle<br />

or trailer or on a road.<br />

Provided thatthe provisions of this regulation with regard to the number of passengerscarried shall<br />

not apply to a vehicle to which the Public Service <strong>Vehicles</strong> (Carrying Capacity) <strong>Regulations</strong> 1984<br />

apply.<br />

(2) <strong>The</strong> loadcarried by a motor vehicle or trailer shall at all times be so secured, ifnecessary<br />

by physical restraint other than its own weight, <strong>and</strong> be in sucha position, that neither danger nor<br />

nuisance is likely to be caused to anyperson or property by reason of the load or any part thereof<br />

falling or beingblown from the vehicle or by reason of any other movement of the load or anypart<br />

thereof in relation to the vehicle.<br />

(3) No motorvehicle or trailer shall be used for any purpose for which it is so unsuitableas to<br />

cause or be likely to cause danger or nuisance to any person in or onthe vehicle or trailer or on a road.<br />

Parking in darkness<br />

101.—(1) Saveas provided in paragraph (2) no person shall, except with the except withthe<br />

permission of a police officer in a uniform, cause or permit any motorvehicle to st<strong>and</strong> on a road at<br />

any time between half an hour after sunset <strong>and</strong>half an hour before sunrise unless the near side of the<br />

vehicle is as closeas may be to the edge of the carriageway.<br />

(2) <strong>The</strong> provisionsof paragraph (1) do not apply in respect of any motor vehicle—<br />

(a) being used for fire brigade, ambulance or police purposes or for defence<br />

purposes(including civil defence purposes) if compliance with those provisions<br />

wouldhinder or be likely to hinder the use of the vehicle for the purpose for whichit is<br />

being used on that occasion;<br />

(b) being used in connection with—<br />

(i) any building operation or demolition;<br />

(ii) the repair of any other vehicle;<br />

(iii) the removal of any obstruction to traffic;<br />

108

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