SECOND SUPPLEMENT TO THE GIBRALTAR GAZETTE

SECOND SUPPLEMENT TO THE GIBRALTAR

GAZETTE

No. 2,349 of 27

th

MARCH 1987

LEGAL NOTICE NO. 68 OF 1987.

TRAFFIC ACT.

(Act 1957 No. 4).

VEHICLES (CONSTRUCTION, EQUIPMENT AND

MAINTENANCE) (AMENDMENT) REGULATIONS, 1987.

Regulations made by the Governor in exercise of the powers conferred on

him by section 44 of the Traffic Act, and of all other enabling powers.

Title and commencement.

1. These regulations may be cited as the Vehicles (Construction, Equipment

and Maintenance) (Amendment) Regulations 1987 and shall come into

operation on the lst day of April, 1987.

Amendment of regulation 2.

2. Regulation 2 of the Vehicles (Construction, Equipment and Maintenance)

Regulations (hereinafter called the principal regulations) is amended by

inserting, in their appropriate alphabetical order, the following new definitions-

"braking efficiency", in relation to the application of brakes to a motor

vehicle at any time, means the maximum braking force capable of

being developed by the application of those brakes, expressed as a

percentage of the weight of the vehicle, including any persons (not

being fare paying or other travelling passengers) or load carried in

the vehicle at that time;

"gross vehicle weight", in relation to a vehicle, means the weight of that

vehicle when fully loaded; .

"multi-pull means of operation", in relation to a braking system, means a

device which causes the muscular energy of the driver to apply the

brakes of that system progressively as a result of successive

applications of that device by the driver;

"split braking system", in relation to a motor vehicle, means a braking

system so designed and constructed that-

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March, 1987

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(a) it comprises two independant sections of mechanism capable

of developing braking force such that, excluding the means of

operation, a failure of any part (other than a fixed member or a

brake shoe anchor pin) of one of the sections shall not cause a

decrease in the braking force capable of being developed by

the other section;

(b) the two sections are operated by a means of operation which is

common to both sections;

(c) the braking efficiency of either of the two sections can be

readily checked;

"stop light" means a fight used to indicate to road users that the brakers of

a vehicle or combination of vehicles are being applied;

"stored energy", in relation to a braking system of a vehicles, means

energy (other than the muscular energy of the driver or the

mechanical energy of a spring) stored in a reservoir for the

purpose of applying the brakes under the control of the driver,

either directly or as a supplement to his muscular energy;

Amendment of regulation 8.

4. Regulation 8 of the principal regulations is amended by inserting,

immediately after the words "unladen weight", the words "and the gross

vehicle weight".

Insertion of new section 16A.

5. The principal regulations are amended by inserting, immediately after

regulation 16, the following new regulation-

“Maintenance of steering gear.

16A. All steering gear fitted to a motor vehicle shall at all times

while the vehicle is used on a road be maintained in good and

efficient working order and be properly adjusted.".

Replacement of regulation 17 and 18.

6. The principal regulations are amended by revoking regulations 17 and

18

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March, 1987

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and substituting the following new regulations-

“Brakes.

17.(1) Except as provided for in sub-regulations (2) and (3), the

braking system of every motor vehicle of a category specified

in the second column of Schedule 1 and the braking system of

` every trailer of a category specified in the third column of

that Schedule, and which was or is manufactured on or after

the 1st October 1982 and first used on or after the 1st April

1983 shall comply with the construction, fitting and

performance requirements specified in respect of that category

in the fourth column of that Schedule:

Provided that it shall not be unlawful for any motor vehicle of

a category specified in the second column or any trailer of a

category specified in the third column of that Schedule and

which was manufactured before the 1st October 1982 or first

used before the 1st April 1983 to comply with the said

requirements instead of with any other requirements relating to

the construction of the braking system of such vehicles as are

specified in these regulations.

(2) The requirements specified in sub-regulation (1) shall not

apply to-

(a) a motor tractor; or

(b) a works trailer; or

(c) a works truck; or

(d) a trailer designed and constructed or adapted to be

drawn exclusively by a vehicle to which paragraph (a)

or (c) applies.

(3) The requirements specified in the fourth column of Schedule 1

shall apply-

(a) to items 1, 2, 3, 4, 5 and 6 so that the requirement

specified in paragraph 1.2.1 of Annex IV to the

Council Directive shall apply as amended by

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March, 1987

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Commission Directive 79/489/ EEC of the 18th April

1979;

(b) to items 2 and 3 with the proviso that the testing

requirements specified in paragraphs 1.5.1 and 1.5.2

of Annex II to the Council Directive shall apply in

relation to every vehicle in category M3, other than a

doubledecked vehicle first used before the 1st

October 1983;

(c) to items 2 and 3 with the proviso that the requirements

specified in paragraph 1.1.4.2 of Annex II to the

Council Directive shall not apply in relation to a

vehicle which is in category M2 or category M3;

(d) in items 1, 2, 3, 4, 5 and 6, in the case of vehicles

constructed or adapted for use by physically

handicapped drivers, the requirement in paragraph

2.1.2.1 of Annex 1 to the Council Directive that the

driver must be able to achieve the braking action

mentioned in that paragraph from his driving seat

without removing his hands from the steering control

shall not apply, provided that the driver is able to

achieve that action while one of his hands remains on

the steering control.

(4) In this regulation-

(a) "the Council Directive" means Council Directive

71/320/EEC of the 26th July 1971 (which relates to

the braking devices of certain categories of motor

vehicles and their trailers), as amended by

Commission Directive 75/524/ EEC of the 25th July

1975 and Commission Directive 79/489/EEC of the

18th April 1979 (the amendments to Council

Directive 71/320/ EEC introduced by Commission

Directive 74/ 132/EEC of the 11th February 1974 not

being relevant); and

(b) a reference to a vehicle in category M2 or M3 is a

reference to a vehicle categorized by that number and

letter in Article I of the Council Directive.

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Dual systems of operation.

17A.(1) Save as provided in sub-regulation (2), every motor vehicle

shall be equipped either with an efficient braking system

having two means of operation or with two efficient braking

systems each having a separate means of operation:

Provided that for the purpose of this sub-regulation no account

shall be taken of a multi-pull means of operation unless that

means, at the first application, operates an hydraulic, electric or

pneumatic device which causes brakes to be applied sufficient to

have a total braking efficiency of not less than the total braking

efficiency required by sub-regulation 5(b) in relation to brakes as

applied by a second independent means of operation.

(2) Nothing in-

(a) any part of this regulation shall apply to a motor

vehicle to which regulation 17 applies;

(b) Sub-regulation (1) or (3) shall apply to a motor

vehicle equipped with one efficient braking system

with one means of operation and which is a split

braking system.

(3) Save as provided in sub-regulation (2), the braking system or

braking systems of every motor vehicle shall be so designed

and constructed that, notwithstanding the failure of any part

(other than a fixed member or a brake shoe anchor pin)

through or by means of which the force necessary to apply the

brakes is transmitted, there shall still be available for

application by the driver to not less than half the number of

wheels of the vehicle brakes sufficient under the most adverse

conditions to bring the vehicle to rest within a reasonable

distance:

Provided that, in the event of such failure, it shall not be

necessary for brakes to be available for application by the

driver in the case of a vehicle having. less than four wheels, to

more than one wheel.

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(4) The braking system or braking systems of every motor vehicle

to which Schedule 2 applies shall comply with the

requirements of that Schedule relating to the efficiency of the

brakes of such motor vehicles.

(5) The braking system or braking systems of every motor vehicle

which is not a works truck or a pedestrian controlled vehicle

shall-

(a) have brakes acting on all the wheels of the vehicle

which as applied by one means of operation have a

total braking efficiency of not less than 50 per cent;

(b) except in the case mentioned in paragraph (c), have

brakes which as applied by a second independent

means of operation have a total braking efficiency of

not less than 25 per cent;

(c) in the case of a motor vehicle equipped with a split

braking system in accordance with sub-regulation (2),

have brakes which in the event of a failure of any part

(other than a fixed member or a brake shoe anchor

pin) of one of the independent sections comprised in

the split braking system are such that there remain

brakes applied by the other section sufficient to have a

total braking efficiency of not less than 25 per cent.

(6) Sub-regulations (1) and (3) shall not apply in the case of a

works truck if it is equipped with one braking system having

one means of operation.

(7) The application of the one means of operation shall not affect

or operate the pedal or hand lever of the other means of

operation:

(8) No braking system shall be rendered ineffective by the non-

rotation of the engine:

Provided that this sub-regulation shall not apply in the case of

any vehicle referred to in sub-regulation (12)(b).

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(9) All the brakes of a motor vehicle which are operated by one

means of operation shall be capable of being applied by direct

mechanical action without the intervention of any hydraulic,

electric or pneumatic device:

Provided that this sub-regulation shall not apply to a motor

vehicle which satisfies the requirements of regulation 17G(2).

(10) Where any brake shoe of a motor vehicle is capable of being

applied by more than one means of operation, all the wheels of

the vehicle shall be fitted with brakes all of which are operated

by one of the means of operation:

Provided that—

(a) where a motor vehicle has more than six wheels at

least four of which are steering wheels, it shall be a

sufficient compliance with this sub-regulation if

brakes are fitted to all the wheels, other than two

steering wheels which are situated on opposite sides

of the vehicle, and all such brakes are operated by one

of the means of operation;

(b) where a motor vehicle has more than four wheels

and the . drive is transmitted to all wheels other than

the steering wheels without the inter-position of a

differential driving gear or similar mechanism

between the axles carrying the driving wheels, it shall

be deemed a sufficient compliance with this sub--

regulation if one means of operation operates the

brakes on two driving wheels situated on opposite

sides of the vehicle and the other means of operation

operates brakes on all the other wheels required by

this sub-regulation to be fitted with brakes; and

(c) where means of operation are provided in addition

to those prescribed by this regulation, such additional

means of operation may be disregarded for the

purposes of this sub-regulation.

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(11) One at least of the means of operation shall be capable of

causing brakes to be applied directly, and not through the

transmission gear, to not less than half the number of the

wheels of the vehicle:

Provided that

(a) in the case of a motor vehicle having brakes acting

on all the wheels of the vehicle and capable of being

applied by one means of operation, any shaft leading

from any differential driving gear of an axle to a

driving wheel shall be deemed not to form part of the

transmission gear;

(b) in the case of any other motor vehicle with more

than four wheels, if the drive is transmitted to all

wheels other than the steering wheels without the

interposition of a differential driving gear or similar

mechanism between the axles carrying the driving

wheels, it shall be deemed to be a sufficient

compliance with this sub-regulation if the brakes

applied by one means of operation act directly on two

driving wheels on opposite sides of the vehicle and

the brakes applied by the other means of operation

acts directly on all other driving wheels.

(12) For the purposes of this regulation -

(a) in the case of any motor vehicle-

(i) not more than one front wheel shall be

included in half the number of the wheels of the

vehicle for the purposes aforesaid, except that

this provision shall not apply either to a motor

vehicle with more than three wheels, whether or

not any brake shoe is capable of being applied

by more than one means of operation, if, as

respects the fitting of its wheels with brakes and

the operation of those brakes, the provisions of

sub-regulation (10) relating to such matters are

complied with, or to a works truck; and

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(ii) every moving shaft to which any part of a

braking system or any means of operation

thereof is connected or by which it is supported

shall be deemed to be part of that system; and

(b) in the case of a motor vehicle propelled by steam

and not used as a public service vehicle, the engine

shall be deemed to be an efficient braking system with

one means of operation if the engine is capable of

being reversed and is incapable of being disconnected

from any of the driving wheels of the vehicle except

by the sustained effort of the driver.

Vacuum or pressure braking systems.

17B. Every motor vehicle, not being a vehicle to which regulation

17 braking systems. applies, which is equipped with a braking

system which embodies a vacuum or pressure reservoir or

reservoirs shall be provided with a warning device so placed as

to be readily visible to the driver of the vehicle when in the

driving seat, in order to indicate any impending failure or

deficiency in the vacuum or pressure system:

Provided that in the case of a vehicle the unladen weight of

which does not exceed 3,050 kilograms and which is propelled

by an internal combustion engine and equipped with a braking

system embodying a vacuum reservoir or reservoirs, the

vacuum therein being derived directly from the induction

system of the engine, it shall not be necessary to provide such a

warning device if, in the event of a failure or deficiency in the

vacuum system, the brakes of that braking system are sufficient

under the most adverse conditions to bring the vehicle to rest

within a reasonable distance.

Motor cycle brakes.

17C.(1) Every motor cycle shall be equipped either with an efficient

braking system having two means of operation or with two

efficient braking systems each having a separate means of

operation.

(2) The braking system or braking systems with which a motor

cycle is required to be equipped shall be so designed and

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constructed that notwithstanding the failure of any part (other

than a fixed member or a brake shoe anchor pin) through or by

means of which the force necessary to apply the brakes is

transmitted there shall still be available for application by the

driver to at least one wheel of the vehicle brakes sufficient

under the most adverse conditions to bring the vehicle to rest

within a reasonable distance.

(3) The braking system or braking systems of every motor cycle to

which Schedule 2 applies shall comply with the requirements

of that Schedule relating to the efficiency of the brakes of such

motor cycles.

(4) Sub-regulations (1), (2) and (3) shall not apply in the case of a

works truck if it is equipped with one braking system having

one means of operation.

(5) In the case of a motor cycle required to have two means of

operating brakes, the application of one means of operation

shall not affect or operate the pedal or hand lever of the other

means of operation.

Invalid carriage brakes.

17D. Every invalid carriage shall be equipped with an efficient

braking system, the brakes of which act on at least two wheels

of the vehicle, so designed and constructed that the application

of the brakes shall bring the vehicle to rest within a reasonable

distance.

Trailer brakes.

17E.(1) Save as provided in sub-regulations (2) and (3), every trailer

which has a gross vehicle weight exceeding 750 kilograms

shall be equipped with an efficient braking system so designed

and constructed that-

(a) when the trailer is being drawn, the brakes of that

braking system are capable of being applied to all the

wheels of the trailer by the driver of the drawing

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vehicle using the means of operation applying those

of the brakes of the drawing vehicle which were

designed and constructed to have the highest braking

efficiency of any of the brakes of any braking system

with which the drawing vehicle is equipped;

(b) when the trailer is being drawn, in the event of a

failure of any part (other than a fixed member or a

brake shoe anchor pin) of the braking system system

with which the drawing vehicle is equipped

(excluding the means of operation of a split braking

system) or of any part (other than as aforesaid) of the

braking system with which the trailer is equipped,

brakes shall still be capable of being applied to at

least two wheels of the trailer or, in the case of a two-

wheeled trailer, to one wheel in the manner indicated

in paragraph (a) or by the driver using any other

means of operation of a braking system with which

the drawing vehicle is by these regulations required to

be equipped;

(c) when the trailer is stationary -

(i) the brakes of that system can also be applied

to at least two wheels of the trailer and released

by a person standing on the ground by a means

of operation fitted to the trailer;

(ii) the braking force of that system can, when

applied in the manner indicated in paragraph (a)

or in paragraph (c)(i) at all times be maintained

in operation by direct mechanical action without

the intervention of any hydraulic, electric or

pneumatic device; and

(iii) such braking force, when so applied and so

maintained in operation by direct mechanical

action, is capable of holding the trailer stationary

on a gradient of at least 1 in 6.25 without the

assistance of stored energy;

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Provided that the provisions of paragraphs (a) and (b) shall not

apply in the case of a trailer if the brakes of the trailer

automatically come into operation on the overrun of the trailer.

(2) Where-

(a) a motor vehicle which conforms to the require-

ments of Council Directive 71/320/EEC of the 26th

July 1971 or, where appropriate, to the requirements

of that Directive as amended by the amending

Directives specified in regulation 17(4)(a), is drawing

a trailer to which that Directive does not apply; or

(b) a motor vehicle to which regulation 17 applies is

drawing a trailer to which that regulation does not

apply,

sub-regulation (1)(b) shall apply to the trailer as if the words

"or of any part (other than as aforesaid) of the braking system

with which the trailer is equipped" were omitted.

(3) Sub-regulations (1) and (2) shall not apply to-

(a) any trailer designed for use and used for street

cleansing, which does not carry any load other than its

necessary gear and equipment;

(b) any broken down vehicle which is being drawn by

a motor vehicle in consequence of the breakdown; or

(c) any trailer to which regulation 17 applies.

(4) Where-

(a) a trailer which conforms to the requirements of

Council Directive 71/320/EEC of the 26th July 1971,

or where appropriate, to the requirements of that

Directive as amended by the amending Directives

specified in regulation 17(4)(a), is drawn by a motor

vehicle to which that Directive does not apply; or

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(b) a trailer to which regulation 17 applies is drawn by

a motor vehicle to which that regulation does not

apply,

then the braking system of the drawing vehicle shall be so

constructed that in die event of a failure of any part (other than

a fixed member or a brake shoe anchor pin) of the service

braking system with which the drawing vehicle is equipped

(excluding the means of operation of a split braking system)

brakes shall still be capable of being applied to at least two

wheels of the trailer or, in the case of a two-wheeled trailer, to

one wheel by the driver using the secondary braking system of

the drawing vehicle.

(5) In sub-regulation (4), "service braking system" means the

braking system which was designed and constructed to have

the highest braking efficiency of any braking system with

which the drawing vehicle is equipped, and "secondary braking

system" means a braking system applied by a second

independent means of operation or by one of the independent

sections comprised in a split braking system.

Other vehicles.

17F. All other vehicles, including works trucks, road roller;, mobile

cranes and pedestrian controlled vehicles shall be equipped

with an efficient braking system or braking systems so

designed and constructed that the application of the brakes

shall bring the vehicle to rest within a reasonable distance.

Parking brakes.

17G.(1) Save as provided in sub-regulation (3), every motor vehicle

shall be equipped with a braking system (which may be one of

the braking systems prescribed in regulation 17A (other than

sub-regulation (2))) so designed and constructed that it can at

all tunes be set so as effectually to prevent two at least, or in

the case of vehicles with only three wheels one, of the wheels

from revolving when the vehicle is not being driven or is left

unattended.

(2) Save as provided in sub-regulation (3), every motor vehicle, not

being a vehicle to which regulation 17 applies, shall be

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equipped with a braking system so designed and constructed

that-

(a) its means of operation, whether being a multipull

means of operation or not, is independent of the

means of operation of any braking system required by

regulation 17A(5) to have a total braking efficiency of

not less than 50 per cent;

(b) its braking force, when the vehicle is not being

driven or is left unattended-

(i) can at all times be maintained in operation by

direct mechanical action without the intervention

of any hydraulic, electric or pneumatic device;

and

(ii) when so maintained in operation by direct

mechanical action, is capable of holding the

vehicle stationary on a gradient of at least 1 in

6.25 without the assistance of stored energy.

(3) Nothing in sub-regulations (1) and (2) shall apply to-

(a) a two-wheeled motor cycle with or without a side

car attached; or

(b) an invalid carriage.

Maintenance of brakes.

17H.(1) Every part of every braking system and of the means of

operation thereof fitted to a motor vehicle or a trailer, not

being-

(a) a motor vehicle or a trailer which conforms to the

requirements of Council Directive 711320/ EEC of

the 26th July 1971 or, where appropriate, to the

requirements of that Directive as amended by the

amending Directives specified in regulation 17(4)(a);

or

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(b) a motor vehicle or trailer to which regulation 17

applies,

shall at all times while the motor vehicle or trailer is

used on a road-

(i) be maintained in good and efficient working

order and be properly adjusted;

(ii) in the case of motor vehicles to which

Schedule 2 applies, be so maintained that the

brakes forming part of the system comply with

the requirements as to the efficiency of brakes

which are applicable to such a vehicle by virtue

of the provisions contained in regulations

17A(4) and 17C(3);

(iii) in the case of motor vehicles to which

regulation 17A(5) or 17C(3) applies, where such

a vehicle is not being used while drawing a

trailer, be so maintained that the brakes forming

part of the system comply with the requirements

as to the efficiency of brakes which are

applicable to such a vehicle by virtue of the

provisions contained in either of those sub-

regulations;

(iv) in the case of a motor vehicle to which

regulation 17G(2) applies, be so maintained that

the system complies with the requirements as to

its braking force specified in regulation

17G(2)(b)(ii); and

(v) in the case of a trailer to which regulation

17E(1) applies, be so maintained that the system

complies with the requirements as to its braking

force specified in regulation 17E(1)(c)(iii), and

for the purposes of this paragraph a reference to

a trailer to which regulation 17E(1) applies shall,

in the case of a composite trailer, be deemed to

be a reference to the semi-trailer which forms

part of the composite trailer.

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(2) Where a motor vehicle to which regulation 17A(5) or 17C(3)

applies is being used while drawing a trailer (other than a

trailer not required by these regulations to be

,

equipped with a

braking system), whether or not that motor vehicle and trailer

together form an articulated vehicle, then every part of every

braking system with which that motor vehicle is equipped and

every part of every braking system with which the trailer is

equipped shall be so maintained that, when the brakes of any

braking system of that motor vehicle (being a system to which

regulation 17A(5) or 17C(3) applies) are applied by their

means of operation and the brakes of any braking system of

that trailer applied by that same means of operation are applied

those brakes together produce the same total braking

efficiencies as would be required of the brakes of such a motor

vehicle when applied by that means of operation if that motor

vehicle were not drawing a trailer.

(3) Where a motor vehicle to which regulation 17G(2) applies is

attached to a trailer (other than a trailer not required by these

regulations to be equipped with a braking system) whether or

not that motor vehicle and trailer together form an articulated

vehicle, and the combination of those vehicles is stationary,

then every part of every braking system with which that motor

vehicle is equipped and every part of every braking system with

which the trailer is equipped shall be so maintained that the

brakes of those systems as applied by the means of operation

specified in regulation 17G(2) can together produce a braking

force sufficient to bold the combination of vehicles stationary on

a gradient of at least 1 in 6.25 without the assistance of stored

energy.

(4) In this regulation, "EEC regulation 13" means regulation 13,

incorporating the amendments described therein as the 03

series of amendments which came into force on the 4th January

1979, annexed to the Agreement concerning the adoption of

uniform conditions of approval for Motor Vehicle Equipment

and Parts and reciprocal ion thereof, done at Geneva on the

20th March 1958.”.

Insertion of new section 28.

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7. The principal regulations are amended by inserting, immediately after

regulation 2(1, the following new regulations-

"Maintenance of direction indicators.

20A. Every direction indicator with which a motor vehicle is equipped

shall at all times while the vehicle is used on a road he

maintained in good and efficient working order and be properly

adjusted.".

Insertion of new section 27A.

8. The principal regulations are amended by inserting, immediately after

regulation 27, the following new regulation-

“Maintenance of windscreen wipers

27A. Every windscreen wiper required by regulation 27 to be fitted to

a motor vehicle shall at all times while the vehicle is used on a

road be maintained in goad and efficient working order and be

properly adjusted.".

Revocation of regulation 28.

9. The principal regulations are amended by revoking regulation 28.

Insertion of new section 29A.

10. The principal regulations are amended by inserting, immediately after

regulation 29, the following new regulation-

"Maintenance of fuel tanks.

29A. Every motor vehicle shall at all times be so maintained that-

(a) any tank, in which fuel used either for the

propulsion of the vehicle or for the driving of any

ancillary engine or equipment forming part of the

vehicle is contained, is reasonably secure against its

being damaged; and

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(b) the leakage.of any liquid or vapour from any such

tank is adequately prevented, so, however, that

nothing in this paragraph shall be taken to preclude

the tank being fitted with a device which by the intake

of air or the emission of vapour relieves changes in

pressure in the tank.".

Revocation and replacement of regulation 31.

11. The principal regulations are amended by revoking regulation 31 and

replacing it by the following new regulations-

“Emission of smoke or vapour.

31.(1) Every motor vehicle propelled by a compression ignition

engine shall be so constructed that no avoidable smoke or

visible vapour is emitted therefrom.

(2) Where a motor vehicle to which this regulation applies is

equipped with' a device designed to facilitate the starting of the

engine by causing it to be supplied with excess fuel, the device

and any apparatus by means of which it is operated shall be

fitted in such a position, or such other provision shall be made,

as to ensure that the device cannot readily be operated by a

person while he is being carried by the vehicle:

Provided that this regulation shall not apply in the case of a

vehicle fitted with such a device if the device is so designed

that-

(a) its use after the engine has been started cannot

cause the engines to be supplied with excess fuel; or

(b) it does not cause any increase in the smoke or

visible vapour emitted from the vehicle.

(3) The engine of every motor vehicle to which this regulation

applies shall be equipped with means sufficient to ensure that,

while the engine is running, any vapours or gases in the engine

crank case or in any other part of the engine to which vapours

or gases may pass from the crank case are prevented, so far as

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is reasonably practicable, from escaping into the atmosphere

otherwise than through the combustion chamber of the engine.

Maintenance of vehicles so as to prevent emission.

31A. No person shall use or cause or permit to be used on a road -

(a) a motor vehicle to which regulation 31 applies; or

(b) a motor vehicle conforming to the requirements

of Council Directive 72/3061 EEC of the 2nd August

1972,

if the fuel injection equipment, the engine speed governor or

any other parts of the engine by which it is propelled have been

in any way altered or adjusted so as to increase by such

alteration or adjustment the emission of smoke from that

vehicle.

(2) Where a motor vehicle is fitted with a device to facilitate the

starting of the engine by causing it to be supplied with excess

fuel-

(a) the device shall be maintained in such a condition

that it does not cause the engine to be supplied with

excess fuel while the vehicle is in motion on a road;

and

(b) no person shall use the device, or cause or permit

it to be used, so as to cause it to supply the engine

with excess fuel while the vehicle is in motion on a

road:

Provided that this paragraph shall not apply as

respects a device such as is mentioned in paragraph

(ii) of the proviso to regulation 31(2).

(3) The engine of every motor vehicle to which regulation 31(3)

applies shall at all times while the vehicle is used on a road be

so maintained that the means by which (in compliance with

that subregulation) vapours or gases in the engine crank case

or in other parts of the engine are prevented from escaping into

the atmosphere are in good and efficient working order.".

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

20

Insertion of Schedules 1 and 2.

12. The principal regulations are amended by inserting the following

schedules -

"SCHEDULE 1.

Regulation 17

REQUIREMENTS WITH RESPECT TO THE CONSTRUCTION

FITTING AND PERFORMANCE OF THE BRAKES OF CERTAIN

MOTOR VEHICLES AND TRAILERS.

Item Class of Vehicle Class of trailer Requirements

1 Passenger vehicles

constructed or

adapted to carry not

more than 8

passengers

(exclusive of the

driver) and which

either-

As set out in relation

to carry Ml vehicles

in Annexes I, II and

VIII to the Council

Directive and, if

relevant, in Annexes

III, IV, V and VI to

the Council

Directive.

(a) Have 4 or more

wheels or, if having

only 3 wheels, have

a gross weight

exceeding 1,000

kilograms; or

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

21

(b) have only 3 wheels,

a gross weight of

1,000 kilograms or

less and either a

design speed

exceeding 40

kilometres per hour

or an engine

capacity exceeding

50 cubic

centimetres, not

being motor cycles

with side-cars attac-

hed.

2 Passenger vehicles

constructed or

adapted to carry

more than 8

passengers

(exclusive of the

driver) and which

have a gross weight

of 5,000 kilograms

or less.

As set out in relation

to category M2

vehicles in Annexes

I, II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V

and VI to the

Council Directive.

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

22

Item Class of Vehicle Class of trailer Requirements

3 Passenger vehicles

constructed or

adapted to carry

more than 8 pass-

engers (exclusive of

the driver) and

which have a gross

weight exceeding

5,000 kilograms.

As set out in relation

to category M3

vehicles in Annexes

I, II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V

and VI to the Council

Directive.

4 Goods vehicles

which have a grow

weight of 3,500

kilogram or less, not

being motor cycles

with side-cars

attached.

As set out in relation

to category N1

vehicles in Annexes

I, H and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V

and VI to the council

Directive.

5 Goods vehicles

which have a gross

weight exceeding

3,500 kilograms but

not exceeding 12,000

kilograms.

As set out in relation

to category N2

vehicles in Annexes I,

If and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V

and VI to the Council

Directive.

6 Goods vehicles

which have a gross

weight exceeding

12,000 kilograms.

As set out in relation

to category N3

vehicles in Annexes I,

II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V

and VI to the Council

Directive.

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

23

Item Class of Vehicle Class of trailer Requirements

7 Trailers which

have a gross

weight of 750

kilograms or

less.

As set out in relation

to category 01

vehicles in Annexes I,

If and VII to the

Council Directive

and, if relevant, in

Annexes III, IV V,

VI and VIII to the

Council Directive.

8 Trailers which

have a gross

weight

exceeding 750

kilograms but

not exceeding

3,500

kilograms.

As set out in relation

to category 02

vehicles in Annexes I,

II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V,

VI and VIII to the

Council Directive.

9

Trailers which

have a gross

weight

exceeding

3,500 kilograms

but not

exceeding

10,000

kilograms.

As set out in relation

to category 03

vehicles in Annexes I,

II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV, V,

VI and VIII to the

Council Directive.

10 Trailers which

have a gross

weight

exceeding

10,000

kilograms.

As set out in relation

to category 04

vehicles in Annexes I,

II and VII to the

Council Directive

and, if relevant, in

Annexes III, IV,m V,

VI and VIII to the

Council Directive.

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

24

SCHEDULE 2.

Regulation 17A

REQUIREMENTS WITH RESPECT TO THE EFFICIENCY OF THE

BRAKES OF MOTOR VEHICLES.

(1) For the purpose of this Schedule a two-wheeled motor cycle shall not,

by reason that a sidecar is attached thereto, be treated as three wheeled.

(2) In the case of a motor vehicle having at least four wheels and

required to have two means of operating brakes-

(a) if each means of operation applies brakes to at least

fourwheels, the brakes as applied by one of the means shall

have a total braking efficiency of not less than 50 per cent, and

the brakes as applied by the other means shall have a total

braking efficiency of not less than 25 per cent;

(b) if only one of the means of operation applies brakes to at least

four wheels, the brakes as applied by that means shall have a

total braking efficiency of not less than 50 per cent and the

brakes as applied by the other means shall have a total braking

efficiency of not less than 25 per cent; and

(c) if neither means of operation applies brakes to at least four

wheels, the brakes as applied by one of the means shall have a

total braking efficiency of not less than 30 per cent and the

brakes as applied by the other means shall have a total braking

efficiency of not less than 25 per cent.

(3) In the case of a three-wheeled motor vehicle required to have two means

of operating brakes-

(a) if each means of operation applies brakes to an three wheels,

the brakes as applied by one of the means shall have a total

braking efficiency of not less than 40 per cent and the brakes

as applied by the other means shall have a total braking

efficiency of not less than 25 per cent.

(b) if only one of the means of operation applies brakes to all three

wheels, the brakes as applied by that means shall have a total

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

25

braking efficiency of not less than 40 per cent and the brakes

as applied by the other means shall have a total braking

efficiency of not less than 25 per cent; and

(c) if neither means of operation applies Wakes to all three

wheels, the brakes as applied by one of the means shall have a

total braking efficiency of not less than 30 per cent and the

brakes as applied by other means shall have a total braking

efficiency of not less than 25 per cent.

(4) In the case of a motor vehicle, being a two-wheeled motor cycle, required

to have more than one mews of operating brakes, the brakes as applied by

one of the means shall have a total braking efficiency of not less than 30 per

cent and the brakes as applied by the other means shall have a total braking

efficiency of not less than 25 per cent."

Conversion of metric units.

13. The principal regulations are amended by deleting from the provisions

specified in the first column of the Schedule to these regulations, the words

and figures set out in the second column and substituting therefor the figures

and words set out in the third column.

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

26

SCHEDULE.

to the amending regulations

SUBSTITUTIONS

Regulation

2(1) definition

of

“invalid carriage”

“overall width”

“overhang”

“wide tyre”

Delete

five hundredweight

4 inches

11.811 inches

Substitute

250 kilograms

10 centimetres

30 centimetres

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

27

2(4)

5

6(1)(a)

(b)

(c)

(d)

(f)

(2)(a)

(b)

(c)

(d)

(e)

7(1)(a)

(b) & (c)

9(1)(a)

(b) & (c)

(d), (e) & (f)

(g)

Proviso

(2)

(3)

10 (a)

10 (b)

(c)

(d)

(e)

18 inches

eight hundredweight

seven feet

twelve feet

twenty-two feet

twenty feet

thirteen feet six inches

five feet six inches

45 inches

eight feet three inches

thirteen feet ten inches

fifty-one feet

thirty-

nine feet three

inches

thirty-six feet

8 inches

12 inches

1½ inches

12 tons

14 tons

20 tons

14 tons

20 tons

140 lbs

10 tons

16 tons

24 tons

30 tons

32 tons

24 tons

32 tons

45 centimetres

400 kilograms

2.14 metres

3.65 metres

6.70 metres

6.40 metres

4.10 metres

1.70 metres

1.15 metres

2.50 metres

4.20 metres

15.50 metres

12 metres

11 metres

20 centimetres

4 centimetres

12 190 kilograms

14 220 kilograms

20 320 kilograms

14 220 kilograms

20 320 kilograms

64 kilograms

10 160 kilograms

16 260 kilograms

24 380 kilograms

30 480 kilograms,

32 500 kilograms

24380 kilograms

32 500 kilograms

GIBRALTAR GAZETTE, No 2,349, Friday 27

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March, 1987

28

Regulation

Delete Substitute

11 10 tons 10 160 kilograms

13(1)(a) 9 tons 9 140 kilograms

(b) 12 inches 30 centimetres

10 tons 10 160 kilograms

(c) 8 tons 8 120 kilograms

(d) 9 tons 9 140 kilograms

(e) 12 inches 30 centimetres

(2) 11 tons 11 170 kilograms

(3) two feet 60 centimetres

(a) and (b) 11 tons 11 170 kilograms

15 half an inch 1 centimetre

36 square inches 232.26 square

centimetres

ton 1016 kilograms

16(1)(c) one inch 2.50 centimetres

Proviso two hundredweight 100 kilograms

12 miles 19.31 kilometres

20(1)(a) six inches 15 centimetres

21(1) five hundredweight 250 kilograms

twelve miles 19.31 kilometres

24(2) two inches 5 centimetres

six feet six inches 2 metres

42(2) 21 inches 53 centimetres

44(1) 17 inches 43 centimetres

10 inches 25 centimetres

(3) 9 inches 22 centimetres

47(1) 1 foot 30 centimetres

2 feet 6 inches 76 centimetres

1 foot 2 inches 35 centimetres

6 inches 15 centimetres

(2) 9 inches 22 centimetres

48 5 feet 10 inches 1.78 metres

49(2) 15 inches 38 centimetres

49(4)(a) 26 inches 66 centimetres

4 inches 10 centimetres

(b) 19 inches 48 centimetres

(5) 9 inches 22 centimetres

56 4 inches 10 centimetres

GIBRALTAR GAZETTE, No 2,349, Friday 27

th

March, 1987

29

Regulation

Delete

Subsitute

2 inches 5 centimetres

61(1) 18 inches 46 centimetres

70(1)(a) 5 feet 1.52 metres

(b) 12 inches 30 centimetres

(c) 1 foot 6 inches 46 centimetres

71

72(2)(a)

(3)(a)

(b)

74(1)(a)

(b)

(c)

Proviso

(2)(b)

75(1)

(2)

76(2)(d)

78 (b)

(c)

79(1)(a)

(b)

(00)

(ii)

80(1)

(2)

(3)

16 inches

25 feet

3 feet 6 inches

2 feet 2 inches

30 inches

3 feet 6 inches

15 inches

20 inches

21 inches

2 inches

1 inch

lYx inches

l inch

25 feet

3 feet 6 inches

lyx inches

. 1 inch

6 inches

one inch

1'h inches

one inch

six inches

2 feet 6 inches

6 feet

4 feet 6 inches

four feet

41 centimetres

7.60 metres

1.05 metres

66 centimetres

76 centimetres

1.05 metres

38 centimetres

50 centimetres

52 centimetres

5 centimetres

2.50 centimetres

3.50 centimetres

2.50 centimetres

7.60 metres

1.05 metres

3.50 centimetres

2.50 centimetres

15 centimetres

2.50 centimeters

3.50 centimetres

2.50 centimetres

15 centimetres

76 Centi

1.80 metres

1.40 metres

1.20 metres

Dated this 27th day of March, 1987

By Command,

BRIAN TRAYNOR,

Acting Deputy Governor.