Motor Vehicles (Construction and Use) (Amendment) Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1233 |
| Year | 1978 |
1978 No. 1233
ROAD TRAFFIC
The Motor Vehicles (Construction and Use) (Amendment) Regulations 197818thAugust 1978
21stAugust 1978
29thSeptember 1978
The Secretary of State for Transport, in exercise of his powers under section 40(1) and (3) of the Road Traffic Act 1972(a) and of all other enabling powers, and after consultation with representative organisations in accordance with the provisions of section 199(2) of that Act, hereby makes the following Regulations:—
1. These Regulations shall come into operation on 29th September 1978, and may be cited as the Motor Vehicles (Construction and Use) (Amendment) Regulations 1978.
2. The Motor Vehicles (Construction and Use) Regulations 1978(b), shall be amended in accordance with the provisions of these Regulations.
3. In Regulation 5 (Application and exemptions-Type approval), in the Table, the following item shall be added:—
4. In Regulation 17 (Seat belts and anchorage points),—
(a) in paragraph (2), at the end of sub-paragraph (i) the word "or" shall be deleted, at the end of sub-paragraph (j) the full stop shall be replaced by "; or", and the following sub-paragraph shall be added—
"(k) a vehicle manufactured on or after 1st October 1979 and first used on or after 1st April 1980.";
(b) for paragraph (4) there shall be substituted the following paragraphs:—
"(4) Save as provided in paragraph (4A) of this Regulation, every vehicle to which this Regulation applies shall be provided with—
(a) a body-restraining seat belt, designed for use by an adult, for the driver's seat, and
(a) 1972 c. 20.
(b) S.I. 1978/1017.
(b) a body-restraining seat belt for the specified passenger's seat (if any).
(4A) The requirements specified in paragraph (4) of this Regulation shall not apply—
(a) to a vehicle—
(i) while it is being used under a trade licence within the meaning of the Vehicles (Excise) Act 1971, or
(ii) while it is being driven from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles—
(a) to premises of a distributor of or dealer in vehicles or of the purchaser of the vehicle, or
(b) to premises of a person obtaining possession of the vehicle under a hiring agreement or hire-purchase agreement; or
(b) in relation to the driver's seat or the specified passenger's seat (if any) of a vehicle which has been specially designed and constructed, or specially adapted, for the use of a person suffering from some physical defect or disability, in a case where a disabled person's seat belt for an adult person is provided for use for that seat.";
(c) in paragraph (5), for the words "Every seat belt provided in pursuance of this Regulation" there shall be substituted the words "Every seat belt, other than a disabled person's seat belt, provided in pursuance of this Regulation";
(d) in paragraph (6), for the words "Subject to paragraph (7) of this Regulation, where a seat belt, other than a restraining device for a young person or a seat belt comprising a lap belt and shoulder straps is provided in pursuance of this Regulation" there shall be substituted the following:—
"Subject to paragraph (7) of this Regulation, where a seat belt other than—
(i) a restraining device for a young person,
(ii) a seat belt comprising a lap belt and shoulder straps, or
(iii) a disabled person's seat belt
is provided in pursuance of this Regulation";
(e) in paragraph (8), for sub-paragraph (e) there shall be substituted the following sub-paragraphs—
"(e) Each seat belt, not being a restraining device for a young person or a disabled person's seat belt, provided for any person in any vehicle to which this Regulation applies, whether or not the vehicle is required by this Regulation to be equipped with such seat belt, shall be legibly and permanently marked—
(i) in the case of a belt which was first fitted to the vehicle before 1st February 1979, with a British Standards mark; or
(ii) in the case of a belt which was first fitted to the vehicle on or after 1st February 1979, with either a British Standards mark or with a designated approval mark;
(f) Each seat belt, being a restraining device for a young person, fitted to any vehicle to which this Regulation applies shall be legibly and permanently marked with a British Standards mark."; and
(f) in paragraph (9), after the definition of "body restraining seat belt", there shall be inserted the following new definitions:—
" "British Standards mark" means a mark consisting of—
(a) the specification number of a British Standard for Seat Belt Assemblies for Motor Vehicles, namely either—
(i) BS 3254: 1960, or
(ii) BS AU160a in the case of a restraining device for an adult or BS AU157a in the case of a restraining device for a young person, and
(b) the registered certification trade mark of the British Standards Institution;
"designated approval mark" means the marking designated as an approval mark by Regulation 5 of the Designation of Approval Marks Regulations as amended (a) and shown in column (2) at item 23 of Schedule 4 to those Regulations;
"disabled person's seat belt" means a seat belt which has been specially designed and constructed, and not merely adapted, for use by an adult or young person suffering from some physical defect or disability and which is used solely by such a...
To continue reading
Request your trial