S.I. No. 190/1963 - Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963.


S.I. No. 190 of 1963.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) REGULATIONS, 1963.

PART I.

PRELIMINARY AND GENERAL.

Article

1. Citation.

2. Commencement.

3. Interpretation.

4. Revocations.

PART II.

LADEN WEIGHT, DIMENSIONS AND GENERAL CONSTRUCTION OF MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

5. Interpretation.

6. Compliance with this Part, owner liability.

7. Maximum weights.

8. Marking of weight.

9. Distribution of weight.

10. Width.

11. Length.

12. Trailers.

13. Rear overhang.

14. Springs.

15. Wheels and tracks.

16. Tyres.

17. Special permits in relation to this Part.

PART III.

EQUIPMENT (OTHER THAN BRAKES) OF MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

18. Definition.

19. Compliance with this Part.

20. Steering.

21. Reversing gear.

22. Wings.

23. View of road.

24. Safety glass.

25. Windscreen wiper.

26. Driving mirrors.

27. Speedometer.

28. Audible warning device.

29. Silencer.

30. Emission of smoke, etc.

31. Means to prevent unauthorised driving.

32. Inessential projections.

33. Closets, etc.

34. Condition and maintenance.

35. Loudspeakers.

36. Good defence.

37. Owner liability.

PART IV.

BRAKES ON MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

38. Definitions.

39. Combination of brakes.

40. Obligatory brakes on mechanically propelled vehicles.

41. Obligatory brakes on trailers.

42. Obligatory brakes on combinations of vehicles.

43. Service brake.

44. Parking brake.

45. Miscellaneous requirements.

46. Performance of brakes.

47. Good defence.

48. Owner liability.

PART V.

ADDITIONAL PROVISIONS APPLICABLE TO SMALL PUBLIC SERVICE VEHICLES.

49. Equipment to be carried.

50. Limitation on number of passengers.

51. Provisions applicable to public hire vehicles.

52. Saver for certain vehicles.

PART VI.

ADDITIONAL PROVISIONS APPLICABLE TO LARGE PUBLIC SERVICE VEHICLES.

Article

53. Definitions.

54. Compliance with this Part.

55. Height.

56. Stability.

57. Suspension.

58. Turning circle.

59. Side overhang.

60. Clearance.

61. Guard rails.

62. Steering.

63. Hub projection.

64. Fuel tanks, etc.

65. Exhaust pipes.

66. Electrical apparatus.

67. General construction and equipment.

68. Steps, platforms and stairs.

69. Number and situation of exits and entrances.

70. Dimensions of entrances and exits.

71. Doors.

72. Emergency exits.

73. Access to exits.

74. Dimensions of gangways.

75. Seats.

76. Driver's accommodation.

77. Markings.

78. Maintenance.

79. Carriage of certain equipment.

80. Number of passengers.

81. Obstruction.

82. Saver for certain vehicles.

83. Owner liability.

PART VII.

DUTIES OF DRIVERS AND OTHERS IN RELATION TO MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

84. Definition.

85. Prevention of noise.

86. Use of audible warning device.

87. Stationary vehicles.

88. Races.

89. Use of closets.

90. Emission of fumes.

91. Passengers on motor cycles.

92. General duties of drivers and others.

PART VIII.

MISCELLANEOUS PROVISIONS.

93. Pedal cycles.

94. Pedestrian-controlled vehicles.

95. Track-laying vehicles.

96. General provisions.

97. Experimental vehicles.

SCHEDULES.

FIRST SCHEDULE—Revocations.

SECOND SCHEDULE—Standards of Performance for Braking Devices.

S.I. No. 190 of 1963.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) REGULATIONS, 1963.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 , 11 , 12 and 13 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

PART I. PRELIMINARY AND GENERAL.

1 Citation.

1. These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963.

2 Commencement.

2. These Regulations shall come into operation on the 27th day of October, 1963.

3 Interpretation.

3. (1) In these Regulations, save where the context otherwise requires:—

"the Act" means the Road Traffic Act, 1961 ;

"agricultural trailer" means a trailer, the property of a person engaged in agriculture, which is designed and used primarily for work on the land and which is used on a public road only incidentally to such work;

"articulated vehicle" means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent. of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

"drawbar" means any drawbar, chain or other towing device and includes any special fitting for the attachment of such drawbar, chain or towing device;

"goods trailer" means a trailer constructed or adapted primarily for the conveyance of goods or burden of any description;

"goods vehicle" means a mechanically propelled vehicle constructed or adapted primarily for the conveyance of goods or burden of any description;

"indivisible load" means a load or article which cannot, without undue expense or risk of damage, be divided into two or more parts for conveyance by road;

"invalid carriage" means a mechanically propelled vehicle the weight unladen of which does not exceed 6 cwt. and which is specially designed and constructed for the use of persons suffering from a physical defect or disability and which is used solely by such persons;

"land implement" means a trailer which consists of any implement or machinery used with a land tractor in connection with agriculture, forestry, land levelling, dredging or similar operations, and includes any trailer which carries only the necessary gear and equipment of the land tractor which draws it;

"land tractor" means a tractor designed and used primarily for work on the land in connection with agriculture, forestry, land levelling, dredging and similar operations, and—

(a) which is driven on a road only when proceeding to and from the site of such work and which when so driven hauls nothing except an agricultural trailer, a land implement, a land trailer or a trailer specially designed and constructed and used only for the conveyance of any implement or machinery used with the tractor in connection with its work on the land, or

(b) which is used on a road while it hauls nothing except an agricultural trailer;

"land trailer" means a trailer used for work on the land and used on a road only when proceeding to or from the site of such work;

"large tractor" means a tractor the weight unladen of which exceeds 7¼ tons;

"mechanically propelled cycle" means a mechanically propelled vehicle which has less than four wheels and the weight unladen of which does not exceed 8 cwt.;

"passenger accommodation" means seating passenger accommodation determined in accordance with the provisions of the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 );

"passenger vehicle" means a mechanically propelled vehicle (other than a cycle) constructed primarily for the carriage of passengers;

"pedestrian-controlled vehicle" means a mechanically propelled vehicle, not exceeding 8 cwt. in weight unladen, which is controlled by a pedestrian and which is not constructed or adapted to carry a driver or a passenger;

"pneumatic tyre" means a tyre which—

(a) is provided with, or together with the wheel on which it is mounted forms, a continuous closed chamber inflated with air to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used but is not subject to any load,

(b) is capable of being inflated and deflated without removal from the wheel or vehicle, and

(c) is such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse;

"registered" means registered under section 2 of the Motor Car Act, 1903, or under section 6 of the Roads Act, 1920;

"semi-trailer" means the drawn component of an articulated vehicle, or a vehicle constructed or adapted for use as such drawn component;

"soft tyre" means a tyre (other than a pneumatic tyre) of soft or elastic material, which material is either—

(a) continuous round the circumference of the wheel, or

(b) in segments so fitted that, so far as is reasonably practicable, no space is left between the ends thereof,

and is of such thickness as to minimise, so far as is reasonably practicable, vibration when the vehicle is in motion, and is so constructed as to be free from any defect which might in any way cause damage to the surface of a road;

"station wagon" includes station wagons, estate cars and other similar vehicles which are constructed or adapted for alternative purposes (including the carriage of one or more passengers) and which are fitted with seats, whether rigid, collapsible or detachable, in the area to the rear of the driver's seat;

"track-laying" in relation to a vehicle means that the vehicle is so constructed that its entire weight is not transmitted to the road surface by circular wheels;

"tractor" means a mechanically propelled vehicle (other than a cycle) which is not constructed itself to carry any load except the following:—

(a) water, fuel, accumulators and other equipment used for the purposes of propulsion,

(b) loose tools and loose equipment,

(c) in the case of a vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent fixture, such appliance or apparatus, and

(d) in the case of a land tractor, a detachable platform, container or implement (being a platform, container or implement used primarily for farm work) together with the load on or in such platform, container or implement;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle, but does not include a semi-trailer;

"wheel", in relation to a vehicle, means a wheel the tyre or rim of which, when the vehicle is in motion, is in contact with the ground;

"works trailer" means a trailer designed for use in private premises and used on a road only in passing from one part of any such premises to another, or to other private premises in the immediate neighbourhood, or in connection with road works while at or in the immediate neighbourhood of the site of such works;

"works truck" means a mechanically propelled works truck designed for use in private premises and used on a road only in passing from one part of any such premises to another, or to other private premises in the immediate neighbourhood, or in connection with road works while at or in the immediate neighbourhood of the site of such works.

(2) In the application of these Regulations, a vehicle which stands so substantially disabled (either through accident, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically shall not be regarded as not being a mechanically propelled vehicle.

(3) For the purposes of these Regulations, any two wheels of a vehicle shall be regarded as one wheel if the distance between the centres of the portions of the wheels which come in contact with the ground is less than 18 inches.

(4) In these Regulations, save where the context otherwise requires, a reference to the weight laden of a vehicle or combination of vehicles, or to the weight transmitted to the surface of a road by a vehicle or combination of vehicles, shall be construed as a reference to the weight of such vehicle or combination together with its load, if any, when it is stationary, and any reference to the weight transmitted to the surface of a road by any part of a vehicle or combination of vehicles shall be construed accordingly.

4 Revocations.

4. The regulations and orders specified in the First Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule.

PART II. LADEN WEIGHT, DIMENSIONS AND GENERAL CONSTRUCTION OF MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

5 Interpretation.

5. (1) In this Part of these Regulations, save where the context otherwise requires, "vehicle" means a mechanically propelled vehicle and includes an articulated vehicle.

(2) For the purposes of this Part of these Regulations, the weight transmitted to the surface of a road by a single axle of a vehicle or trailer shall be taken as the total weight transmitted to any transverse strip of the road surface on which the vehicle or trailer rests by all the wheels the centres of which can be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle or trailer at right angles to its longitudinal axis.

6 Compliance with this Part, owner liability.

6. (1) Every vehicle and trailer while used on a public road shall comply with the provisions of this Part of these Regulations applying in relation to the vehicle or trailer.

(2) Where a vehicle or trailer which does not comply with a provision of articles 8 to 16 of these Regulations applying in relation to the vehicle or trailer is used on a public road by a person who is not the owner of the vehicle or trailer, such owner shall also, subject to paragraph (b) of subsection (5) of section 11 of the Act, be guilty of an offence.

7 Maximum weights.

7. (1) The weight transmitted to the surface of a road by any wheel of a vehicle or any wheel of a trailer attached to a vehicle shall not exceed—

(a) where the wheel is fitted with a pneumatic tyre, 5 tons;

(b) where the wheel is fitted with a soft tyre, 8 cwt. for each inch width of the tyre measured at the point of contact of the tyre with the ground;

(c) where the wheel is not fitted with a pneumatic or soft tyre, 5 cwt. for each inch width of the wheel or its tyre measured at the point of contact of the wheel or tyre with the ground.

(2) (a) The weight transmitted to the surface of a road by a single axle of a vehicle or of a trailer attached to a vehicle shall not exceed 10 tons.

(b) Subject to the provisions of paragraph (c) of this sub-article, the combined weight transmitted to the surface of a road by two successive single axles of a vehicle or of a trailer attached to a vehicle, where the two axles are not less than 40 inches and not more than 7 feet apart (measured along the longitudinal axis of the vehicle or trailer) shall not exceed 16 tons.

(c) (i) This paragraph applies to a vehicle and to a trailer attached to a vehicle, in a case where the weight laden of the vehicle or trailer may be, or may exceed, 25 tons under the provisions of sub-article (3) of this article.

(ii) The combined weight transmitted to the surface of a road by two successive single axles of a vehicle or trailer to which this paragraph applies may exceed 16 tons but shall not exceed 18 tons.

(d) For the purpose of this sub-article, the weight transmitted to the surface of a road by two successive single axles of a vehicle or trailer shall be taken as the total weight transmitted to any transverse strip of the road surface on which the vehicle or trailer rests by all the wheels the centres of which can be included between two parallel transverse vertical planes 7 feet apart, extending across the full width of the vehicle or trailer at right angles to its longitudinal axis.

(3) (a) The weight laden of a vehicle or of a trailer attached to a vehicle shall not exceed—

(i) where the vehicle or trailer has two axles, 16 tons;

(ii) where the vehicle or trailer has three axles, 22 tons;

(iii) where the vehicle or trailer has four or more axles, 25 tons;

(iv) where the vehicle has four or more axles and (except in the case of a vehicle registered before the 1st day of July, 1964) the extreme front and rear axles are more than 24 feet apart, 28 tons;

(v) where the vehicle, being an articulated vehicle, has four or more axles and the extreme front and rear axles are more than 35 feet apart, 32 tons.

(b) In this sub-article, a reference to an axle includes a reference to the single-wheel axle of a three-wheel drawing unit of an articulated vehicle.

(4) (a) The weight laden of a track-laying vehicle shall not, subject to paragraphs (c) and (d) of this sub-article, exceed 7¼ tons.

(b) The weight transmitted to any strip of the surface of a road upon which a track-laying vehicle rests, contained between any two parallel lines drawn 2 feet apart on that surface at right angles to the longitudinal axis of the vehicle, shall not exceed 10 tons.

(c) Paragraph (a) of this sub-article shall not apply to a track-laying vehicle while it is being loaded on to or unloaded from a conveying vehicle or while it is travelling between such vehicle and a place off the road for a distance not exceeding 100 yards.

(d) Paragraph (a) of this sub-article shall not apply to a track-laying vehicle registered before the 1st day of July, 1964, if such vehicle complies with the provisions of the regulations relating to maximum weight under Part II of the Road Traffic Act, 1933 (No. 11 of 1933) which were in operation immediately prior to the coming into operation of these Regulations.

(5) The weight laden of a combination of vehicles shall not exceed 32 tons.

(6) In calculating, for the purposes of this article, the weight laden of a large public service vehicle or the weight transmitted by an axle or wheel thereof, the vehicle shall be deemed to be carrying its full complement of standing and sitting passengers, and weights of 140 lbs. each shall be placed in the correct relative positions for the driver, the conductor and each passenger.

8 Marking of weight.

8. (1) This article applies to—

(a) a vehicle (other than an articulated vehicle) which exceeds 2 tons in weight unladen,

(b) the drawing component of an articulated vehicle where such component exceeds 2 tons in weight unladen,

(c) a trailer or semi-trailer which exceeds 1 ton in weight unladen.

(2) Every vehicle, drawing component, trailer and semi-trailer to which this article applies shall have its weight unladen painted or otherwise clearly marked on its rear or left side.

9 Distribution of weight.

9. (1) Subject to the provisions of sub-article (2) of this article, every vehicle (other than an articulated vehicle) or trailer having more than four wheels, and every semi-trailer having more than two wheels and forming part of an articulated vehicle, shall be provided with such compensating arrangement as will ensure that all the wheels will remain in contact with the road surface and will not under the most adverse conditions be subject to abnormal variations of load.

(2) This article shall not apply as respects any steerable wheel of a vehicle where the weight transmitted to the surface of a road by such wheel does not exceed 2½ tons.

10 Width.

10. (1) Subject to the provisions of sub-articles (2) and (3) of this article, the overall width of a vehicle or trailer shall not exceed 8 feet and 2½ inches.

(2) The overall width of a large tractor shall not exceed 9 feet.

(3) Sub-articles (1) and (2) of this article shall not apply to—

(a) a vehicle for grass-cutting, hedge-trimming or forestry operations while used in the day time, or

(b) a land implement while used in the day time or, in the months of July, August, September and October, during lighting-up hours while complying with the Road Traffic (Lighting of Vehicles) Regulations, 1963 ( S.I. No. 189 of 1963 ).

(4) The overall width of a vehicle or trailer shall be the distance between vertical planes parallel to the longitudinal axis of the vehicle or trailer and passing through the extreme projecting points on each side of the vehicle or trailer, and for that purpose—

(a) any receptacle within the meaning of subsection (4) of section 16 of the Act shall be regarded as part of the vehicle or trailer,

(b) a direction indicator or a driving mirror shall not be regarded as part of the vehicle or trailer,

(c) in the case of an articulated vehicle, the longitudinal axes of the drawing and drawn components shall be in the same vertical plane.

(5) (a) A load (other than loose agricultural produce not baled or crated) on a vehicle or trailer shall not project to the side of the vehicle or trailer by more than 1 foot beyond the extreme projecting point of the vehicle or trailer (as determined for the purpose of sub-article (4) of this article) on that side.

(b) The overall width of a vehicle or trailer together with its load (other than loose agricultural produce not baled or crated) shall not in any case exceed 9 feet and 6 inches and, for the purpose of calculating the overall width for the purpose of this paragraph, sub-article (4) of this article shall apply as if the load formed part of the vehicle or trailer.

11 Length.

11. (1) Subject to sub-article (2) of this article, the overall length of a vehicle shall not exceed 36 feet.

(2) The overall length of an articulated vehicle shall not exceed 49 feet.

(3) Subject to sub-article (4) of this article, the overall length of a trailer shall not exceed 22 feet.

(4) Sub-article (3) of this article shall not apply to—

(a) a trailer not constructed to carry any load, or

(b) a trailer constructed and normally used for the carriage of an indivisible load,

where the combination of vehicles of which the trailer forms a part does not exceed in overall length 54 feet.

(5) Subject to sub-articles (6) and (7) of this article, the overall length of a combination of vehicles shall not exceed 54 feet.

(6) Where in a combination of vehicles comprising a vehicle and one trailer—

(a) the drawing vehicle is constructed to carry a load and does not exceed 30 feet in overall length,

(b) the trailer is constructed to carry a load and does not exceed 22 feet in overall length,

(c) the distance between the drawing vehicle and the trailer (excluding the drawbar) does not exceed 5 feet, and

(d) the drawing vehicle is used only occasionally with a trailer,

the combination of vehicles shall be deemed not to exceed 54 feet in overall length.

(7) Sub-article (5) of this article shall not apply to a large tractor where—

(a) such tractor is drawing two trailers outside a county or other borough or an urban district the population of which exceeds 10,000 persons, and

(b) the overall length of the combination of vehicles comprising the tractor and trailers does not exceed 72 feet.

(8) (a) The overall length of a vehicle or trailer shall be the distance between vertical planes at right angles to the longitudinal axis of the vehicle or trailer and passing through the extreme projecting points at the front and rear of the vehicle or trailer, and for that purpose—

(i) in calculating the overall length of a trailer, the drawbar shall be disregarded;

(ii) in calculating the overall length of a vehicle, any ladder permanently attached to the vehicle for the purpose of affording access to the roof and not projecting backwards more than 9 inches beyond the rear of the vehicle shall be disregarded;

(iii) in calculating the overall length of an articulated vehicle—

I. any load on the vehicle shall be deemed to form part of the vehicle save where the vehicle is carrying poles for use in connection with the provision of telephone or electricity services,

II. the longitudinal axes of the drawing and drawn components shall be in the same vertical plane.

(b) The overall length of a combination of vehicles shall be the distance between vertical planes at right angles to the longitudinal axes of the drawing and drawn components comprised in such combination (while such axes are in the same vertical plane) and passing through the extreme projecting points at the front and rear of the combination.

(9) Where a combination of vehicles exceeds 54 feet in overall length, the words "over 54 feet" shall be marked on the rear of the rearmost vehicle in the combination so as to be clearly visible for a reasonable distance.

(10) The provisions of this article relating to the overall length of a combination of vehicles shall not operate so as to prohibit the towing of a broken down vehicle which is being towed, in consequence of the breakdown, to the nearest convenient place of safety or repair.

(11) A load on a vehicle which is not drawing a trailer, or on the rearmost trailer in a combination of vehicles, shall not project more than 10 feet to the rear beyond the rearmost point of such vehicle or trailer:

Provided that this sub-article shall not apply to a vehicle or trailer carrying poles intended for use in connection with telephone or electricity services.

(12) Where a load (including an implement carried by a tractor) projects more than 3 feet and 6 inches to the rear beyond the rearmost point of a vehicle or the rearmost trailer in a combination of vehicles, a warning device (being either a red flag or cloth at least 12 inches square, or a rigid device having a surface of a similar area coloured red or in two colours, one of which is red and the other of which is lighter than red) shall be carried at the rear of the load during the day time.

12 Trailers.

12. (1) A vehicle, other than a large tractor, shall not draw more than one trailer.

(2) A large tractor shall not draw more than two trailers.

(3) Subject to the provisions of sub-article (4) of this article, a mechanically propelled cycle shall not draw a trailer.

(4) A side-car may be fitted to a mechanically propelled bicycle—

(a) on the left side of the bicycle, and

(b) so that the wheel of the side-car is not wholly outside planes perpendicular to the longitudinal axis of the bicycle passing through the extreme projecting points at the front and rear of the bicycle.

(5) A trailer or articulated vehicle shall not be used for the carriage of passengers for reward.

(6) A drawbar shall be of such strength and shall be so fitted that a drawn vehicle to which it is fitted cannot become detached while in use as part of a combination of vehicles.

(7) A drawbar shall be so adjusted that the distance separating the nearest points (excluding the drawbar) of the units (in a combination of vehicles) which it connects shall not exceed 15 feet.

(8) Where the distance separating the nearest points (excluding the drawbar) of any two units in a combination of vehicles exceeds 5 feet, the drawbar connecting them shall be rendered easily distinguishable to other traffic by means of a warning device which may be in the form of a white flag or cloth at least 12 inches square.

(9) The provisions of sub-article (1) of this article shall not operate so as to prohibit the towing of a broken down vehicle which is being towed, in consequence of the breakdown, to the nearest convenient place of safety or repair.

(10) In the case of a trailer which can be steered by its own steering gear, an attendant shall be present in the trailer in charge of the steering gear whenever the trailer is being drawn.

(11) Where two trailers are drawn by a large tractor, an attendant shall be present in the combination of vehicles comprising such tractor and trailers.

13 Rear overhang.

13. (1) This article applies to every vehicle other than—

(a) an articulated vehicle,

(b) a tractor,

(c) a works truck,

(d) a cycle,

(e) a vehicle which is steered by movement of the rear wheels,

(f) a vehicle registered before the 1st day of July, 1964, which complies with the provisions of the regulations under Part II of the Road Traffic Act, 1933 , regarding rear overhang which were in operation immediately prior to the coming into operation of these Regulations.

(2) The rear overhang of a vehicle shall not exceed—

(a) one half of the length between the plane, perpendicular to the longitudinal axis of the vehicle, which passes through the centre or centres of the front wheel or wheels and the foremost vertical plane from which rear overhang is to be measured under sub-article (3) of this article, or

(b) where the rear overhang of a vehicle does not exceed seven twenty-fourths of the overall length of the vehicle, 18 inches and one half of the length between such planes.

(3) In this article "rear overhang" means the distance measured horizontally and parallel to the longitudinal axis of the vehicle between—

(a) a vertical plane at right angles to such axis passing through the centre point of the rear axle or (in the case of a vehicle having three or more axles) the centre point of a straight line joining the centre points of the rear and second rearmost axles, and

(b) a vertical plane at right angles to such axis passing through the rearmost point of the vehicle, exclusive of any ladder forming part of a turntable fire escape or a luggage carrier fitted to a passenger vehicle having passenger accommodation for not more than 8 persons.

14 Springs

14. (1) Subject to the provisions of sub-article (2) of this article, every vehicle and every trailer shall have a suitable and adequate system of flexible suspension between each wheel and the frame or body of the vehicle or trailer.

(2) Sub-article (1) of this article shall not apply to—

(a) a cycle,

(b) a mobile crane,

(c) a tractor not exceeding 4 tons in weight unladen where all the unsprung wheels of such tractor are equipped with pneumatic tyres,

(d) a works truck,

(e) a works trailer,

(f) a pedestrian-controlled vehicle where all the wheels of such vehicle are equipped with either pneumatic or soft tyres,

(g) a broken down vehicle being drawn in consequence of the breakdown, or an associated towing ambulance,

(h) a vehicle or trailer used by, or on behalf of, a local authority for the construction or maintenance of roads, being a vehicle or trailer constructed or adapted for the conveyance of road construction machinery built in as part of such vehicle or trailer or otherwise permanently attached thereto and not constructed or adapted for the conveyance of any other load except articles or material used for the purposes of the road construction machinery,

(i) a land tractor,

(j) a land implement, or a trailer specially designed and constructed and used only for the conveyance of a land implement,

(k) an agricultural trailer or a trailer used solely for the haulage of felled trees, where all the wheels of such trailer are fitted with pneumatic tyres and where the maximum weight transmitted to the surface of a road by any single axle of the trailer does not exceed 5 tons,

(l) a vehicle or trailer not exceeding 4 tons in weight unladen, or an articulated vehicle the semi-trailer of which does not exceed 4 tons in weight unladen, being in any such case a vehicle or trailer specially designed for, and mainly used in, operations which necessitate working on rough ground or unmade roads, where all the wheels of the vehicle or trailer are equipped with pneumatic tyres and the vehicle or trailer does not proceed at a speed exceeding 20 miles per hour,

(m) a self-propelled loading shovel where the maximum weight transmitted to the surface of a road by any single axle of the vehicle does not exceed 5 tons,

(n) a vehicle or trailer consisting of movable engineering plant or equipment designed and constructed for the purposes of engineering operations, subject to the following conditions:—

(i) the maximum weight transmitted to the surface of a road by any single axle of the vehicle or trailer does not exceed 5 tons;

(ii) the vehicle or trailer is within a radius of 5 miles from the site of engineering operations in which it is being used;

(iii) the vehicle or trailer (if having wheels not fitted with pneumatic tyres) does not proceed at a speed exceeding 6 miles per hour, and

(iv) any wheel of the vehicle or trailer not having a pneumatic or soft tyre has a smooth tyre with edges rounded to a radius of not less than half an inch and not more than 1 inch.

15 Wheels and tracks.

15. (1) Subject to the provisions of sub-article (2) of this article, every vehicle and every trailer attached thereto shall be so constructed that the entire weight of the vehicle or trailer is transmitted directly to the road surface by circular wheels.

(2) Sub-article (1) of this article shall not operate so as to prohibit the use on a public road of a track-laying land tractor not exceeding 7¼ tons in weight unladen, or a track-laying land tractor registered before the 1st day of July, 1964 which complies with the provisions of the regulations relating to maximum weight under Part II of the Road Traffic Act, 1933 which were in operation immediately prior to the coming into operation of these Regulations, subject in each case to the following conditions:—

(a) the parts of the track which come into contact with the road surface shall be flat and have a minimum width of half an inch;

(b) the total area of each track actually in contact with the road surface at any time shall be not less than 36 square inches in respect of each ton of the total weight of the vehicle which is transferred to the road surface by means of the tracks;

(c) the vehicle shall not draw on a public road any trailer other than a land implement or a trailer conveying a land implement.

(3) (a) Subject to the provisions of paragraph (b) of this sub-article, all wheels of a vehicle and all wheels of a trailer (attached to a vehicle) which are in contact with the road surface shall have a rim diameter of not less than 26¾ inches where such wheels are equipped with tyres other than pneumatic tyres.

(b) Paragraph (a) of this sub-article shall not apply to—

(i) a works truck or a works trailer,

(ii) a vehicle or trailer designed for street cleansing or the disposal of refuse by, or on behalf of, a local authority, and used for such a purpose,

(iii) a land implement,

(iv) a broken down vehicle which is being drawn in consequence of the breakdown,

(v) a pedestrian-controlled vehicle, or

(vi) a mobile crane.

(4) All wheels and tracks of a vehicle or trailer (attached to a vehicle) shall be maintained in such condition as to be free from any defect which might in any way cause damage to the surface of a road or cause danger.

16 Tyres.

16. (1) All wheels of a vehicle, other than—

(a) a road roller,

(b) a steam propelled land tractor registered before the 1st day of July, 1964, which complies with the provisions of the regulations relating to tyres under Part II of the Road Traffic Act, 1933 which were in operation immediately prior to the coming into operation of these Regulations,

(c) a vehicle consisting of movable engineering plant or equipment specially designed and constructed for the purpose of engineering operations, which complies with the conditions specified in paragraph (n) of sub-article (2) of article 14 of these Regulations, or

(d) a vehicle mentioned in sub-article (2) of this article, shall be fitted with pneumatic tyres.

(2) All wheels of a vehicle which is—

(a) a land tractor,

(b) a works truck,

(c) a vehicle (other than a passenger vehicle, station wagon, cycle or goods vehicle) which does not exceed 1 ton in weight unladen,

(d) a vehicle which exceeds 4 tons in weight unladen and which is mainly used in operations which necessitate working on rough ground or on unmade roads,

(e) a pedestrian-controlled vehicle, or

(f) a mobile crane,

shall be fitted with either pneumatic tyres or soft tyres.

(3) All wheels of a trailer (attached to a vehicle) other than—

(a) a land implement,

(b) a trailer consisting of movable engineering plant or equipment specially designed and constructed for the purpose of engineering operations, which complies with the conditions specified in paragraph (n) of sub-article (2) of article 14 of these Regulations, or

(c) a trailer mentioned in sub-article (4) of this article, shall be fitted with pneumatic tyres.

(4) All wheels of a trailer (attached to a vehicle) which is—

(a) a works trailer being drawn at a speed not exceeding 6 miles per hour,

(b) a broken down vehicle (or associated towing ambulance) being drawn (in consequence of the breakdown) at a speed not exceeding 12 miles per hour, or

(c) a trailer being drawn at a speed not exceeding 6 miles per hour by a vehicle which is not required by these Regulations to have all its wheels fitted with pneumatic tyres, shall be fitted with either pneumatic or soft tyres.

(5) Where a person is charged with using, before the 1st day of July, 1969, a trailer which does not comply with the provisions of sub-article (3) or (4) of this article, it shall be a good defence to the charge to show that the trailer was constructed before the 1st day of July, 1964 and complies with the regulations relating to wheels and tyres of trailers under Part II of the Road Traffic Act, 1933 which were in operation immediately prior to the coming into operation of these Regulations.

(6) All tyres of a vehicle or trailer (attached to a vehicle) shall be maintained in such condition as to be free from any defect which might in any way cause damage to the surface of a road or cause danger.

(7) No tyre used on a vehicle or trailer (attached to a vehicle) shall be excessively worn and, as respects pneumatic tyres on passenger vehicles and goods vehicles—

(a) the requirement of this sub-article shall be deemed to be complied with in every case where the tread of the tyre displays throughout its breadth and around its entire circumference a pattern the relief of which is clearly visible and is at least 1 millimetre in depth,

(b) the requirements of this sub-article shall be deemed not to be complied with in every case where no portion of the tread pattern is clearly visible on the contact wearing area of the tyre under normal operating conditions or where any portion of the fabric or carcase of the tyre is visible at any point on the contact wearing area under normal operating conditions.

17 Special permits in relation to this Part.

17. (1) In this article the expression "appropriate local authority" means—

(a) in relation to a public road in a county borough, the corporation of the county borough;

(b) in relation to a public road in the Borough of Dún Laoghaire, the Corporation of Dún Laoghaire;

(c) in relation to any other public road, the council of the county in which the road is situate.

(2) Any person may apply to the appropriate local authority for the issue to him of a special permit (hereinafter referred to as a permit) authorising any particular vehicle or trailer or any particular vehicles or trailers, the use of which would contravene any of the requirements of this Part of these Regulations, to be used on a specified public road or roads or all the public roads within a specified area notwithstanding such contravention.

(3) An application for a permit shall specify and describe any vehicles or trailers for which the permit is required, the nature, dimensions and weight of the load or loads to be carried (if any), particulars of the journey or journeys to be undertaken and such other information as the local authority concerned may require.

(4) (a) Before making an application for a permit, the applicant shall give to the Commissioner of the Garda Síochána (hereinafter referred to as the Commissioner) seven clear days' notice of such application, and such notice shall be accompanied by a copy of the application for the permit.

(b) Where a public authority, company or other person is concerned with public transport, lighting, water supply, communications or some other similar public service and the Commissioner is of opinion that the use on public roads of vehicles or trailers belonging to such public authority, company or other person, the use of which would contravene any of the requirements of this Part of these Regulations, is likely to be urgently necessary for the more efficient carrying on of such public service, the Commissioner may exempt such public authority, company or other person from full compliance with the provisions of paragraph (a) of this sub-article.

(5) Every application for a permit shall contain an undertaking by the applicant to refund to the local authority charged with the maintenance of the road the amount of any damage caused to any public road by the use of the vehicle or trailer under the permit which may be granted as a result of the application, provided that a claim for such refund is made by such local authority before the expiration of twelve months from the last date when a vehicle is driven on the public road under the permit.

(6) Where an application for a permit is made, the appropriate local authority, where they are satisfied that the requirements of this article have been complied with and after consideration of any representations made to them by the Commissioner, may issue such permit.

(7) Where the permit relates to a public road in the charge of an urban district council, the appropriate local authority shall inform that council of the issue of the permit.

(8) Where an application for a permit is made, the appropriate local authority shall, before issuing the permit, satisfy themselves that the undertaking in such application to refund damage can be enforced, if necessary, and for that purpose may require the applicant, as a condition to the issue of the permit, either to deposit with them (or in the case of a public road in the charge of an urban district council, with that council) a sum sufficient to cover the amount of such damage, or to furnish other sufficient security.

(9) Every permit shall contain the following particulars:—

(a) a specification and description of any vehicle or trailer to which the permit relates;

(b) the nature, dimensions and weight of any vehicle or trailer to which the permit relates, and of the load or loads (if any) to be carried;

(c) particulars of the journey or journeys to be undertaken, or conditions as to the public roads on which and the time at which journeys are to be undertaken.

(10) A local authority by whom a permit is issued may insert in the permit any limitations, restrictions or conditions (including in particular conditions as to weight, dimensions, speed, number of trailers, springs, tyres and wheels) which they consider advisable to prevent unnecessary damage to public roads or which (after consultation with the Commissioner) they consider expedient to protect other road users.

(11) A permit may, in addition to specifying a particular public road or roads or public roads in a specified area, authorise the occasional use of any vehicle or trailer to which it relates on other public roads not specified, subject to compliance with conditions specified by the appropriate local authority, including in particular the condition that before using a vehicle or trailer on any such other public road, the person in charge of the vehicle shall inform (orally or in writing) an officer of the appropriate local authority designated for that purpose by the local authority and shall comply with any instructions given by such officer.

(12) A permit issued under this article shall at all times be carried on the vehicle to which it relates, or on the vehicle drawing the trailer to which it relates.

(13) A permit shall be valid for a period of one year from the date of issue of the permit or for such lesser period as may be specified therein, or until the cancellation of the permit by the appropriate local authority after seven days' notice to the person to whom the permit was issued.

PART III. EQUIPMENT (OTHER THAN BRAKES) OF MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

18 Definition.

18. In this Part of these Regulations, save where the context otherwise requires, "vehicle" means a mechanically propelled vehicle and includes an articulated vehicle.

19 Compliance with this Part.

19. Every vehicle and trailer while used in a public place shall comply with the provisions of articles 20 to 34 of these Regulations applying in relation to the vehicle or trailer.

20 Steering.

20. Every vehicle shall be equipped with a strong and efficient steering mechanism which enables the vehicle to be turned easily, quickly and with certainty and which is so constructed and arranged that no overlock is possible and that the wheels will not under any circumstances foul any part of the vehicle.

21 Reversing gear.

21. Every vehicle exceeding 8 cwt. in weight unladen shall be capable of being so worked that it may be moved by its own power either forwards or backwards.

22 Wings.

22. (1) Every vehicle and every trailer attached to a vehicle shall, subject to the provisions of sub-article (2) of this article, be equipped with wings or other similar devices to catch, so far as practicable, mud or water thrown up by the rotation of the wheels (or, in the case of a trailer, of the rear wheels) unless adequate protection is afforded by the body of the vehicle.

(2) Sub-article (1) of this article shall not apply to—

(a) a tractor,

(b) a vehicle in the nature of a self-propelled implement constructed for use and used primarily elsewhere than on roads,

(c) a works truck,

(d) a works trailer,

(e) a land implement,

(f) a trailer while carrying a land implement,

(g) a broken down vehicle, or associated towing ambulance,

(h) a trailer in a combination of vehicles proceeding at a speed not exceeding 12 miles per hour,

(i) a pedestrian-controlled vehicle.

23 View of road.

23. Every vehicle shall be so constructed that the driver, while controlling the vehicle in motion, can at all times have such a view of the road and of other traffic on the road in front and to the sides of the vehicle as is necessary to enable him to drive safely.

24 Safety glass.

24. (1) Where a windscreen is fitted to a vehicle, it shall be of a stable substance, fully transparent so that objects are not seen distorted through it, and not likely if fractured to produce fragments capable of causing severe cuts.

(2) Where a windscreen made of glass is fitted to a vehicle, the glass shall be safety glass.

(3) In the case of every vehicle first registered on or after the 1st day of July, 1964, the glass of all windows and partitions shall be safety glass.

(4) In this article "safety glass" means glass so constructed or treated that if fractured it does not fly into fragments capable of causing severe cuts.

25 Windscreen wiper.

25. An efficient automatic windscreen wiper shall be fitted to every vehicle (other than a bicycle or a vehicle incapable of exceeding 12 miles per hour on a dry level road under normal atmospheric conditions) where such vehicle is fitted with a windscreen and is so constructed that the driver cannot, by opening the windscreen or otherwise, obtain an adequate view to the front of the vehicle without looking through the windscreen.

26 Driving mirrors.

26. (1) Every vehicle shall, subject to the provisions of sub-articles (2) and (3) of this article, be equipped with a rear-view driving mirror of adequate dimensions and so constructed and fitted as to enable the driver while seated in the driving seat to obtain an adequate view of the road to the rear of the vehicle.

(2) Every passenger vehicle constructed or adapted to carry more than eight persons exclusive of the driver and every station wagon and goods vehicle shall, subject to the provisions of sub-article (3) of this article, be equipped with two rear-view driving mirrors of adequate dimensions, one of which shall be fitted externally on the right side of the vehicle and the other of which shall be fitted either internally or externally on the left side, and the mirrors shall be so fitted and constructed as to enable the driver while seated in the driving seat to obtain an adequate view of traffic to the rear and on both sides rearwards.

(3) Sub-articles (1) and (2) of this article shall not apply to—

(a) a bicycle,

(b) a pedestrian-controlled vehicle,

(c) a vehicle when drawing a trailer, if a person is carried on the trailer in a position which affords an uninterrupted view to the rear and such person is provided with an efficient means of communicating to the driver the import of signals given by the drivers of other vehicles to the rear,

(d) a works truck from which the driver can easily obtain a clear view of traffic to the rear.

(4) Every driving mirror with which a vehicle is equipped in accordance with the provisions of sub-articles (1) and (2) of this article shall—

(a) be firmly secured to the vehicle,

(b) be adjustable,

(c) be so designed that it maintains its position despite the normal vibrations of the vehicle,

(d) have a reflecting surface which retains its properties despite atmospheric conditions and fatigue,

(e) be plane or slightly convex,

(f) show a reflected image free from substantial distortion,

(g) be such that the appearance of colours reflected by its surface is not modified to such an extent as to cause confusion in identifying the colours of traffic lights.

27 Speedometer.

27. An efficient speedometer, so placed and constructed as to be easily read at all times by the driver of the vehicle, shall be fitted to every vehicle other than a works truck, or a vehicle incapable of exceeding 30 miles per hour (or 20 miles per hour, in the case of a large tractor) on a dry level road under normal atmospheric conditions.

28 Audible warning device.

28. (1) Every vehicle (other than a pedestrian-controlled vehicle) shall be fitted with an audible warning device complying with the provisions of sub-article (2) of this article, capable of giving sufficient warning of the approach or position of the vehicle.

(2) The device referred to in sub-article (1) of this article shall not consist of—

(a) a gong, siren or other strident-toned device except in the case of a vehicle used for fire brigade, ambulance or police purposes, or

(b) a bell, except in the case of—

(i) a vehicle used for fire brigade, ambulance or police purposes, or

(ii) a bicycle—

I. the engine of which does not exceed 50 cubic centimetres in cylinder capacity as calculated in accordance with article 27 of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) and

II. which is incapable of exceeding 24 miles per hour on a dry level road under normal atmospheric conditions.

29 Silencer.

29. (1) Every vehicle propelled by an internal combustion engine shall, subject to the provisions of sub-article (2) of this article, be fitted with an exhaust silencer or other device suitable and sufficient for reducing to a reasonable level the noise caused by the escape of exhaust gases from the engine.

(2) Sub-article (1) of this article shall not apply to a vehicle taking part in a trial, competition or race carried out on a road closed under section 35 of the Local Government Act, 1955 (No. 9 of 1955), subject to any conditions the local authority concerned may impose in connection with such closing.

30 Emission of smoke, etc.

30. (1) Every vehicle shall be so constructed as to prevent, to such extent as is reasonably possible, the emission of smoke, visible vapour, noxious gases or offensive odours.

(2) Every vehicle using solid fuel shall be fitted with an efficient appliance for the purpose of preventing the emission of sparks or grit and also with a tray or shield to prevent ashes or cinders from falling on the ground.

(3) A vehicle (other than a works truck or a vehicle registered before the 1st day of July, 1964) which is propelled by a compression ignition engine shall not be fitted with a device designed to facilitate the starting of the engine by causing it to be supplied with excess fuel unless—

(a) the device is so designed that it cannot cause the engine to be supplied with excess fuel after the engine has been started, or

(b) the device cannot be readily operated by a person while he is carried on the vehicle.

31 Means to prevent unauthorised driving.

31. (1) Every vehicle shall—

(a) be provided with a door or doors capable of being locked with a detachable key and such that when locked access to the controls of the vehicle is impossible, or

(b) be provided with a device operated by means of a detach able key by which the ignition of the vehicle can be interrupted in such a manner that such ignition cannot be made to operate without opening the separate portion of the vehicle containing the engine, or

(c) be provided with or have carried thereon a device operated by means of a detachable key or combination lock or other similar means whereby the engine, the wheels, the transmission, the steering gear, or any other mechanism the movement of which is essential to the starting or movement of the vehicle as a whole, and not forming part of the ignition, can be locked in position and made immovable.

(2) Sub-article (1) of this article shall not apply in relation to a large public service vehicle fitted with powered doors and propelled by a compression ignition engine, provided all reasonable precautions are taken against unauthorised interference with the vehicle.

32 Inessentia projections.

32. A vehicle first registered on or after the 1st day of July, 1964 shall not have any inessential object in a position where it is likely to strike any person involved in a collision with the vehicle, unless injury is not likely to be caused by reason of the projection of the object.

33 Closets, etc.

33. A vehicle or trailer shall not be equipped with any closet, urinal, lavatory basin or sink unless the following conditions are complied with:—

(a) a closet or urinal shall be so constructed or fitted that the contents cannot be discharged directly on to the road;

(b) except in the case of a trailer which is a living van, every closet pan or urinal pan shall empty into a tank which is carried by the vehicle or trailer and which is efficiently ventilated by means of a pipe the outlet of which is outside the vehicle or trailer;

(c) every tank into which a closet pan or urinal pan empties, and, where no such tank is fitted, every closet or urinal, shall contain non-inflammable and non-irritant chemicals of such character and in such quantity as to form at all times an efficient deodorant and germicide in respect of the contents of the tank, closet or urinal; and

(d) no lavatory basin or sink shall drain into any closet or urinal or into any tank into which a closet or urinal empties.

34 Condition and maintenance

34. (1) Every vehicle and trailer, and all parts and equipment of every vehicle and trailer, shall be maintained in good and efficient working order, and shall be such and so maintained that no danger is liable to be caused thereby.

(2) Without prejudice to the generality of sub-article (1) of this article—

(a) all steering gear shall be maintained in good and efficient working order and shall be properly adjusted;

(b) all glass and all safety glass fitted to a vehicle shall be maintained in such a condition that it does not obscure the vision of the driver while the vehicle is being driven and shall be kept free of inessential objects or inessential stickers;

(c) every windscreen wiper which is required to be fitted under these Regulations shall be maintained in good and efficient working order and shall be properly adjusted;

(d) every speedometer which is required to be fitted under these Regulations shall be maintained in good and efficient working order and kept free from any obstruction which might prevent its being easily read;

(e) every silencer or similar contrivance which is required to be fitted under these Regulations shall be maintained in good and efficient working order and shall not have been altered in such a way that the noise caused by the escape of the exhaust gases is made greater by the alteration;

(f) every vehicle and trailer shall be maintained in such a condition that there will not be emitted any smoke, visible vapour, grit, sparks, ashes, cinders, or oily substances, the emission of which could be prevented by the taking of any reasonable steps or the exercise of reasonable care, or the emission of which might cause damage to person or property or endanger the safety or health of any other user of the public place in consequence of any harmful content contained therein;

(g) where a vehicle with a compression ignition engine is fitted with a device designed to facilitate starting by causing the engine to be supplied by excess fuel, 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;

(h) the body of every vehicle shall be secure, and the floor shall be strong and in good condition;

(i) all electric leads in a vehicle or trailer shall be adequately insulated and protected from injury and so placed that they cannot cause any danger;

(j) the exhaust pipe on a vehicle and all apparatus connected therewith shall be so fitted, and shall be maintained in such condition, as to prevent fumes, as far as possible, from entering the vehicle;

(k) every vehicle shall be so maintained that oil or any vaporisable or inflammable material is unlikely to be dropped upon the exhaust pipe;

(l) all fuel tanks and all apparatus supplying fuel to the engine of a vehicle shall be so placed or shielded that no fuel overflowing or leaking therefrom can fall or accumulate upon any woodwork or upon any part or fitting where it is capable of being readily ignited or can fall into any receptacle where it might accumulate;

(m) all parts of a vehicle or trailer which are subject to severe vibration and all parts relevant to the control of a vehicle which are connected by bolts or studs and nuts shall be fastened by lock nuts or by nuts and efficient spring washers or lock nut washers, or by castellated nuts and split pins, or by some other efficient device, so as to prevent their working or coming loose.

35 Loudspeakers

35. (1) A vehicle shall not, subject to the provisions of sub-article (2) of this article, be used on a public road while there is in or on, or attached to, the vehicle (or in or on, or attached to, any trailer attached to such vehicle) a public address system incorporating a loudspeaker or similar device capable of being heard outside the vehicle or trailer.

(2) This sub-article shall not apply to—

(a) a vehicle used for police, ambulance or fire brigade purposes,

(b) in the case of a large public service vehicle, a device used to address intending passengers, or

(c) a vehicle used for the purpose of an address relating to a Presidential, Dáil or local election or to a referendum.

(3) (a) A person may apply to a local authority for the issue to him of a special permit authorising the use, on a public road in the functional area of such local authority, of a vehicle or trailer which would contravene sub-article (1) of this article, and such local authority may issue such permit subject to such conditions, limitations and restrictions as they consider necessary or desirable.

(b) In this sub-article "local authority" means the corporation of a county or other borough, the council of a county or the council of an urban district.

36 Good defence.

36. Where a person is charged with a contravention of any provision of this Part of these Regulations, it shall be a good defence to the charge to show that the contravention arose from a defect in the vehicle or trailer or their equipment which occurred on the day on which, and during the journey on which, the contravention took place and that immediate steps were taken to have the defect repaired and that, in the case of a defect liable to make the driving of the vehicle dangerous, the vehicle was immediately parked in the nearest safe place.

37 Owner liability.

37. Where a vehicle, which does not comply with a provision of articles 18 to 34 of these Regulations applying in relation to the vehicle, is used in a public place by a person who is not the owner of the vehicle, such owner shall also, subject to paragraph (b) of subsection (5) of section 11 of the Act, be guilty of an offence.

PART IV. BRAKES ON MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

38 Definitions.

38. (1) In this Part of these Regulations, save where the context otherwise requires:—

"mechanically propelled vehicle" does not include an articulated vehicle (other than the drawing unit thereof), a track-laying vehicle or a pedestrian-controlled vehicle;

"trailer" means a trailer or a semi-trailer but does not include a land implement, a broken down vehicle being towed in consequence of the breakdown or a track-laying vehicle;

"vehicle" includes a mechanically propelled vehicle and a trailer; "combination of vehicles" means a mechanically propelled vehicle and a trailer or trailers attached thereto, and includes an articulated vehicle;

"braking device" means a device fitted to a vehicle or combination of vehicles, designed for the purpose of reducing the speed of, and stopping, the vehicle or combination, or of keeping the vehicle or combination stationary, and which consists of a control, a component or components in which the forces opposing the movement of the vehicle or combination develop, and a transmission system (which may be mechanical, hydraulic, pneumatic, electrical or a combination of these) linking the said control and the said component or components;

"service brake" means a braking device which is capable of—

(a) controlling the movement of, and stopping, the mechanically propelled vehicle or combination of vehicles to which it is fitted in a safe, efficient and rapid way under any conditions of loading, and at any speed at which, and on any gradient on which, the vehicle or combination is operated, and

(b) acting progressively, and

(c) being easily operated by the driver from the driving seat, and

(d) (except in the case of a mechanically propelled vehicle equipped in accordance with these Regulations with a single control for the service and parking brakes, and except in the case of a mechanically propelled vehicle specially adapted for use by persons with disabled legs) being operated by the driver without removing either hand from the steering control;

"emergency brake" means a braking device which—

(a) is so constructed that, in the event of the total or partial failure of the service brake, it will be capable of stopping within a reasonable distance the mechanically propelled vehicle or combination of vehicles to which it is fitted, and

(b) is capable of being operated at all times, and

(c) is capable of being easily operated by the driver from the driving seat while keeping at least one hand on the steering control;

"parking brake" means a braking device capable of being secured so as effectually, under any conditions of loading and on any gradient on which the vehicle or combination of vehicles to which it is fitted is operated, to hold the vehicle or combination of vehicles stationary when it is left unattended, the operative surfaces of the brake being held in the braking position by a purely mechanical direct-acting device.

(2) In the case of a braking device where the braking power is derived from a source of energy independent of the driver but controlled by him, the reserve of energy in the mechanism employed (save where the source of energy merely amplifies the effort of the driver to actuate a direct linkage between the control and the component or components in which the forces opposing the movement of the vehicle or combination of vehicles develop) shall be deemed to form part of the transmission system of the braking device.

39 Combination of brakes.

39. (1) In the case of a mechanically propelled vehicle required under these Regulations to be equipped with a service brake and a parking brake and not required to be equipped with an emergency brake, the service brake and parking brake may be combined in one braking device capable of performing the respective functions of these brakes.

(2) (a) In a case other than the case referred to in sub-article (1) of this article, the braking devices with which a vehicle or combination of vehicles is required to be equipped under these Regulations may be combined, provided the conditions specified in paragraph (b) of this sub-article are complied with.

(b) The conditions referred to in paragraph (a) of this sub-article are as follows:—

(i) the respective requirements applying in relation to each braking device with which the vehicle or combination is required to be equipped shall be complied with;

(ii) there shall be at least two controls, independent of each other and easily accessible to the driver;

(iii) the service brake control shall be independent of and separate from the parking brake control;

(iv) where there is a single control for both the service brake and the emergency brake, it shall be of ample dimensions, easily accessible for maintenance and so constructed as to ensure reliability of a high standard;

(v) parts of the transmission of the service brake and the emergency brake shall not be combined unless the effectiveness of the emergency brake is assured in the event of the failure of any of those combined parts.

40 Obligatory brakes on mechanically propelled vehicles.

40. (1) Subject to the provisions of sub-articles (3), (4) and (5) of this article, every mechanically propelled vehicle (other than a bicycle) shall be equipped, while used in a public place, with a service brake, an emergency brake and a parking brake, all of which shall comply in all respects with these Regulations.

(2) (a) Every mechanically propelled bicycle shall, while used in a public place, be equipped with two independent braking devices, one capable of acting on the front wheel and the other on the rear wheel, and the control of each device shall be capable of being easily operated by the driver without removing either hand from the steering control.

(b) The braking devices referred to in paragraph (a) of this sub-article shall be capable together of performing the functions of a service brake, and any one of the said devices shall be capable of performing the functions of an emergency brake.

(3) (a) This sub-article applies to every mechanically propelled vehicle which has three, and only three, wheels and which is under 1 ton in weight unladen, other than—

(i) an invalid carriage,

(ii) a tractor,

(iii) a vehicle in the nature of a self-propelled implement,

(iv) a works truck, or

(v) a vehicle drawing a trailer.

(b) Every mechanically propelled vehicle to which this sub-article applies shall comply either with the provisions of sub-article (1) of this article or with the requirements specified in paragraph (c) of this sub-article.

(c) The requirements referred to in paragraph (b) of this sub-article are as follows:—

(i) the vehicle shall be equipped with two independent braking devices, the control of each device being capable of being easily operated by the driver;

(ii) the devices together, or one of them, shall be capable of performing the functions of a service brake, and one device shall be capable of performing the functions of a parking brake;

(iii) in the case of a vehicle first registered on or after the 1st day of July, 1964, the devices shall be so constructed that it is possible to apply brakes to all the wheels of the vehicle.

(4) The requirement of sub-article (1) of this article as respects an emergency brake shall not apply to invalid carriages, and the requirement of that sub-article as respects a parking brake shall not apply to any invalid carriage registered before the 1st day of July, 1964.

(5) The requirement of sub-article (1) of this article as respects an emergency brake shall not apply to a mechanically propelled vehicle incapable of exceeding 24 miles per hour on a dry level road under normal atmospheric conditions, being

(a) a vehicle in the nature of a self-propelled implement constructed for use and used primarily for work in places other than public roads and used on a public road only when proceeding to and from the site of such work or when engaged in civil engineering work on such road,

(b) a large tractor registered before the 1st day of July, 1964,

(c) a land tractor,

(d) a works truck, or

(e) a road roller.

(6) (a) Subject to the provisions of paragraph (c) of this sub-article, at least one of the braking devices with which a vehicle is required to be equipped under this article shall be so constructed that when it is operated the braking surfaces are always connected with the wheels of the vehicle in such a manner that it is not possible to disconnect them otherwise than momentarily by means of the clutch, gearbox, free-wheel or other similar device.

(b) Subject to the provisions of paragraph (c) of this sub-article, at least one of the braking devices with which a vehicle is required to be equipped under this article, being either the service brake or the emergency brake or a device capable of performing the functions of either such brake, shall be capable of acting on braking surfaces directly attached to the wheels of the vehicle or attached through parts not liable to failure.

(c) In the case of a vehicle required under this article to be equipped with a service brake and an emergency brake, at least one of such brakes, and, in the case of a passenger vehicle having passenger accommodation for more than 14 persons, the service brake and the emergency brake, shall be capable of acting otherwise than through the transmission gear of the vehicle.

41 Obligatory brakes on trailers.

41. (1) Every trailer while used in a public place, being either—

(a) a trailer having more than two wheels, or

(b) a trailer having two wheels and exceeding in weight laden 15 cwt. or half the weight laden of any drawing vehicle to which it is attached (whichever is the less),

shall be provided with scotches or chocks, suitable and sufficient to hold the trailer stationary when uncoupled, unless the trailer is equipped with a parking brake in accordance with these Regulations or is equipped with a braking device capable of performing the functions of a parking brake.

(2) (a) Every trailer exceeding in weight laden 15 cwt. or half the weight laden of any drawing vehicle to which it is attached (whichever is the less) while used in a public place, shall be provided with—

(i) a parking brake complying with these Regulations,

(ii) all equipment, appropriate to a trailer, which is necessary for the proper functioning of a service brake of the continuous or semi-continuous type in accordance with these Regulations on any combination of vehicles of which the trailer is, or is intended to be, a part, and

(iii) (except in the case of a semi-trailer constructed before the 1st day of July, 1967) a device capable of automatically stopping the trailer if it becomes detached while in motion.

(b) Where a person is charged with a contravention of paragraph (a) of this sub-article, it shall be a good defence to the charge to show that the trailer—

(i) being a vehicle in the nature of movable civil engineering plant, was not at the time of such contravention being drawn at a speed exceeding 12 miles per hour, or

(ii) at the time of such contravention, did not, and was not intended to, form part of a combination of vehicles required under these Regulations to be equipped with a service brake of the continuous or semi-continuous type, and was equipped with an efficient braking device complying with the conditions specified in paragraph (c) of this sub-article.

(c) The conditions referred to in sub-paragraph (ii) of paragraph (b) of this sub-article are as follows:—

(i) in a case where the contravention relates to the use in a public place prior to the 1st day of July, 1969 of a trailer constructed before the 1st day of July, 1964, the braking device shall be capable of acting on at least half the number of wheels of the trailer and shall be capable of performing the functions of a parking brake;

(ii) in any other case, the braking device shall be capable of acting on at least half the number of wheels of the trailer and shall be capable of being operated from the drawing vehicle:

Provided that (except in the case of a semi-trailer) the braking device may be of the overrun type (operated by the trailer moving in on the drawing vehicle).

(3) Every trailer, exceeding in weight laden 15 cwt. or half the weight laden of the drawing vehicle (whichever is the less) and having more than two wheels, shall, on and after the 1st day of July, 1964, while attached to a mechanically propelled vehicle in a public place, be equipped with a secondary coupling (in addition to the main coupling), consisting of a chain or wire rope or other similar connection, unless the combination of vehicles of which the trailer forms part is equipped with a service brake of the continuous or semi-continuous type and with the device referred to in sub-paragraph (iii) of paragraph (a) of sub-article (2) of this article.

(4) Every braking device or appropriate braking equipment (other than the scotches or chocks referred to in sub-article (1) of this article) with which a trailer is required to be equipped under these Regulations shall be so constructed that, when it is operated, the braking surfaces are connected with the wheels of the trailer directly or through parts not liable to failure.

42 Obligatory brakes on combinations of vehicles.

42. (1) Every combination of vehicles shall, while used in a public place, be adequately equipped with service and parking brakes complying in all respects with these Regulations and, where the drawing vehicle is required under these Regulations to be equipped with an emergency brake, with an adequate emergency brake complying with these Regulations.

(2) (a) The service brake of a combination of vehicles to which this sub-article applies shall be of the continuous or semi-continuous type complying with these Regulations.

(b) (i) On the coming into operation of these Regulations and until the 1st day of July, 1969, this sub-article shall apply to every combination of vehicles (save in a case where the trailer, or one of the trailers, in the combination is a vehicle in the nature of movable civil engineering plant and the combination is not travelling at a speed exceeding 12 miles per hour) where the trailer, or one of the trailers, in the combination was constructed on or after the 1st day of July, 1964 and exceeds in weight laden 3½ tons or half the weight laden of the drawing vehicle (whichever is the less).

(ii) On and after the 1st day of July, 1969, this sub-article shall apply to every combination of vehicles (save in a case where the trailer, or one of the trailers, in the combination is a vehicle in the nature of movable civil engineering plant and the combination is not travelling at a speed exceeding 12 miles per hour) where the trailer, or one of the trailers, in the combination exceeds—

I. in the case of a goods trailer, 1 ton in weight unladen,

II. in any case, in weight laden 3½ tons or half the weight laden of the drawing vehicle (whichever is the less).

(c) Where the drawing vehicle of a combination is incapable of exceeding 24 miles per hour on a dry level road under normal atmospheric conditions, paragraph (b) of this sub-article shall apply as if "5 tons" were substituted for "3½ tons" in sub-paragraphs (i) and (ii) of that paragraph.

(3) Nothing in this article shall operate to relieve the individual units of a combination of vehicles from compliance with any other provisions of these Regulations.

43 Service brake.

43. (1) The service brake with which a vehicle or combination of vehicles is required under these Regulations to be equipped shall comply with the provisions of this article.

(2) In the case of a mechanically propelled vehicle, the service brake shall act on the wheels of a sufficient number of axles to ensure that the axles braked bear not less than three-quarters of the weight laden of the vehicle and shall (except in the case of a vehicle registered before the 1st day of July, 1964, a tractor, or a vehicle not required under these Regulations to be equipped with an emergency brake) act on the wheels of all axles of a vehicle having two or three axles and on the wheels of at least three-quarters of the axles of a vehicle having more than three axles.

(3) In the case of a combination of vehicles, the service brake shall act on the wheels of a sufficient number of the axles of each trailer in the combination to ensure that the axles braked in the combination of vehicles bear not less than three-quarters of the weight laden of the combination, and shall act on at least half of the number of wheels of each trailer in the combination.

(4) (a) This sub-article applies to a mechanically propelled vehicle, equipped to draw a trailer or trailers having a braking device controlled by the driver of the drawing vehicle—

(i) from the coming into operation of these Regulations until the 1st day of July, 1969, being any such mechanically propelled vehicle first registered on or after the 1st day of July, 1964,

(ii) on and after the 1st day of July, 1969, being any such mechanically propelled vehicle.

(b) In the case of a mechanically propelled vehicle to which this sub-article applies, the service brake of such vehicle shall be such that it is not put out of action when such vehicle is disconnected from the trailer immediately attached to it.

(5) The action of the service brake shall be so distributed among the axles braked as to ensure a high standard of safety and efficiency.

(6) In the case of a combination of vehicles required under these Regulations to be equipped with a service brake of the continuous or semi-continuous type, the brake on every trailer shall be so constructed as not to entail any change in the performance of the brake on the drawing vehicle and that a failure of the brake on the trailer cannot entail a failure of the brake on the drawing vehicle.

(7) Where a service brake is required under these Regulations to be of the continuous or semi-continuous type, it shall—

(a) possess a single control capable of being operated progressively by a single action from the driving seat;

(b) either be such that the energy used for braking the combination of vehicles is mainly provided by a source fitted to the drawing vehicle or, in the ease of a semi-continuous device, be such that the energy used for braking the drawing vehicle is provided by the muscular power of the driver while the energy used for braking the trailer or trailers is provided from a source fitted to the drawing vehicle;

(c) be such as to ensure simultaneous or suitably staggered braking of each of the vehicles forming the combination;

(d) be such, and the coupling between the vehicles shall be so arranged, that—

(i) not more than six-tenths of a second elapse between the moment when the control begins to be operated and the moment when the braking force in .the least favourably placed axle of the combination reaches the level to give the performance required under these Regulations, and

(ii) the action of the brake is so distributed and synchronised between the drawing vehicle and the trailer or trailers as to ensure a high standard of safety and efficiency.

44 Parking brake.

44. (1) The parking brake with which a mechanically propelled vehicle is required under these Regulations to be equipped shall be capable of being operated from the driving seat.

(2) Where a trailer is required under these Regulations to be equipped with a parking brake, the brake shall be capable of operating where the trailer is not attached to the drawing vehicle and of being applied by a person standing outside the trailer.

45 Miscellaneous requirements

45. (1) Every braking device with which a vehicle or combination of vehicles is required to be equipped under these Regulations shall comply with the provisions of this article.

(2) Where wheels are symmetrically placed on each side of the longitudinal axis of a vehicle, a braking device acting on one of such wheels shall act on all and shall be capable of applying an evenly balanced braking force on each side of the axis.

(3) Wear on components of a braking device shall be capable of being easily taken up by means of a manual or automatic adjustment.

(4) In the case of mechanically propelled vehicles first registered on or after the 1st day of July, 1964 and having a hydraulic braking system, the filling ports of the oil tanks shall be easily accessible, and, if there is no special device showing the level to which the tank is filled, the tank shall be readily accessible for inspection.

(5) In the case of—

(a) a mechanically propelled vehicle first registered on or after the 1st day of July, 1964, and

(b) a combination of such a mechanically propelled vehicle and one or more trailers, and

(c) (on or after the 1st day of July, 1969) any mechanically propelled vehicle or combination of vehicles,

which is equipped with a braking device operated from an energy storage device, there shall, where effective braking is impossible without the use of the stored energy, be fitted an optical or audible warning device capable of indicating when the energy reserve is about to become inadequate.

(6) Where an auxiliary source of energy is essential to the functioning of a braking device, it shall be such as to ensure that, when the engine is stopped, the performance of the braking device remains adequate.

(7) In the case of a mechanically propelled vehicle first registered on or after the 1st day of July, 1964, and equipped with a braking device of the servo type, that device shall be such that not more than six-tenths of a second elapse between the moment when the control begins to be operated and the moment when the braking performance on the least favourably placed axle reaches the level to give the standard of performance required under these Regulations.

(8) Every braking device shall be maintained in good and efficient working order and shall be properly adjusted.

46 Performance of brakes.

46. The braking devices of a vehicle or combination of vehicles specified in paragraph 1 of the Second Schedule to these Regulations shall comply with the standards of performance specified in the said Schedule in respect of such vehicle or combination of vehicles.

47 Good defence.

47. Where a person is charged with a contravention of any provision of this Part of these Regulations, it shall be a good defence to the charge to show that the contravention arose from a defect which occurred on the day, and in the course of the journey, during which the contravention occurred and that the vehicle or combination of vehicles was parked immediately after the defect was discovered and that immediate steps were taken to have the defect remedied.

48 Owner liability.

48. Where a person who is not the owner of a vehicle contravenes any provision of this Part of these Regulations applying in relation to the vehicle, such owner also shall, subject to paragraph (b) of subsection (5) of section 11 of the Act, be guilty of an offence.

PART V. ADDITIONAL PROVISIONS APPLICABLE TO SMALL PUBLIC SERVICE VEHICLES.

49 Equipment to be carried.

49. Every small public service vehicle while in a public place shall carry the following articles:—

(a) a wheel or rim fitted with a tyre and capable of being fitted to the vehicle for immediate use and suitable for such use;

(b) an apparatus capable of raising any wheel fitted to the vehicle to a reasonable height from the ground;

(c) a kit of tools, including such tools as are necessary for any repairs which might reasonably be expected to be carried out in the course of a journey.

50 Limitation on number of passengers.

50. (1) The number of passengers carried on a small public service vehicle in a public place shall not exceed the number stated, in the public service vehicle licence granted under the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) in respect of the vehicle, to be the number of passengers for Which passenger accommodation is available in such vehicle.

(2) If and so long as three or more children under the age of 15 years are being carried on a small public service vehicle, the number of such children shall be deemed to be reduced by one-third for the purpose of calculating the number of passengers carried.

51 Provisions applicable to public hire vehicle.

51. (1) This article applies to every licensed public hire vehicle within the meaning of the Road Traffic (Public Service Vehicles) Regulations, 1963 while in a public place.

(2) (a) Every vehicle to which this article applies shall be provided with—

(i) at least 4 doors (or where there is a doorless opening to the left of the driver, at least 3 doors) each door being capable of being readily opened to a reasonable extent,

(ii) a permanent top,

(iii) seats which are properly upholstered with leather or good quality artificial leather.

(b) The requirements of paragraph (a) of this sub-article shall not apply in relation to a vehicle licensed as a public service vehicle under Part VII of the Road Traffic Act, 1933 before the coming into operation of these Regulations, and which complies with the regulations in force immediately prior to that date.

(3) In regard to the seats of a vehicle to which this article applies—

(a) the supports of such seats shall be firmly fixed in position,

(b) at least 16 inches measured in a straight line along the front of each seat shall be allowed for each passenger, and

(c) any cross or transverse seats shall be so fitted that, when facing each other, there shall be a clear space of at least 16 inches between any part of the front of a seat and any part of any seat which faces it.

(4) Where the floor of a vehicle to which this article applies is more than 14 inches above the ground, suitable steps shall be fitted to facilitate entrance or exit from the vehicle.

(5) In the case of every vehicle to which this article applies, provision shall be made for the carrying of a reasonable quantity of luggage and efficient means provided for securely packing the luggage in or on the vehicle.

52 Saver for certain vehicles.

52. Articles 49 to 51 of these Regulations shall not apply to a vehicle in respect of which a licence is in force under article 60 of the Road Traffic (Public Service Vehicles) Regulations, 1963 while such vehicle is being used for the carriage of school-children in accordance with such a licence.

PART VI. ADDITIONAL PROVISIONS APPLICABLE TO LARGE PUBLIC SERVICE VEHICLES.

53 Definitions.

53. In this Part of these Regulations, save where the context otherwise requires—

"vehicle" means a large public service vehicle;

"double deck vehicle" means a vehicle which is fitted with a floor for the seating of passengers (in this Part of these Regulations referred to as the upper deck) the whole or any part of which is vertically above the whole or any part of another such floor (in this Part of these Regulations referred to as the lower deck);

"single deck vehicle" means any vehicle which is not a double deck vehicle.

54 Compliance with this Part.

54. Every vehicle while in a public place shall comply with the provisions of articles 55 to 79 of these Regulations.

55 Height.

55. The height of a vehicle shall not exceed 15 feet.

56 Stability.

56. (1) The stability of a double deck vehicle shall be such that the point at which overturning occurs would not be passed if, when the vehicle is complete and fully equipped for service and loaded with weights of 140 lbs. placed in the correct relative positions to represent the driver and conductor (if carried) and a full complement of passengers on the upper deck only, the surface on which the vehicle stands were tilted to either side to an angle of 28 degrees from the horizontal.

(2) The stability of a single deck vehicle having passenger accommodation for more than 14 persons shall be such that the point at which overturning occurs would not be passed if, when the vehicle is complete and fully equipped for service under any conditions of load, the surface on which the vehicle stands were tilted to either side to an angle of 35 degrees from the horizontal.

57 Suspension.

57. (1) The suspension system of a vehicle shall be so designed and constructed that there is not excessive body sway.

(2) Every vehicle shall be so constructed or adapted that a failure of a spring, torsion bar or other resilient component of the suspension system is not likely to cause the driver to lose directional control of the vehicle.

58 Turning circle.

58. Every vehicle shall be so constructed as to be capable of turning in either direction in a circle not exceeding 82 feet in diameter, and for the purpose of this article regard shall be had to any part of the vehicle included in the overall width and length of the vehicle calculated in accordance with the provisions of articles 10 and 11 respectively of these Regulations.

59 Side overhang.

59. No part of a vehicle (other than a driving mirror or direction indicator) shall project laterally more than 6 inches beyond the outer face of the outer tyre on the rear wheel on that side of the vehicle.

60 Clearance.

60. In the case of a vehicle having passenger accommodation for more than 14 persons, a fully laden vehicle standing on level ground shall not be nearer to the ground than 10 inches at any point within the following limits:—

(a) in length rearwards from the foremost part of the vehicle for a distance of 13 feet or for a distance up to (but not including) the foremost non-steerable axle, whichever is the less,

(b) in width for a distance on either side of the longitudinal axis of the vehicle of not less than one-third of the distance between the centre lines of the tracks of the front wheels.

61 Guard rails.

61. Where any two wheels on either side of a vehicle have a clear space of more than 2 feet between their nearest points, that space shall be effectively guarded to within a distance of 1 foot from the ground, calculated when the vehicle is carrying no passengers and is standing on level ground.

62 Steering.

62. (1) In the case of a vehicle having passenger accommodation for more than 14 persons, the ball and socket joints of steering connections (where such are used) shall not be pendant.

(2) In the case of a vehicle having passenger accommodation for more than 14 persons, the steering arms shall be polished and shall not be painted or plated.

(3) Where steering connections are secured with bolts or pins, the bolts or pins shall be threaded and effectively locked, and all connections made with bolts or pins shall be such that, when they are in any position other than horizontal, the head of the bolt or pin shall be uppermost.

(4) In the case of a vehicle having passenger accommodation for more than 14 persons, dust-excluding covers fitted to any joint or connection of the steering mechanism shall be capable of being easily removed to facilitate inspection.

63 Hub projection.

63. No portion of any wheel of a vehicle shall project more than 3½ inches beyond the outer face of the tyre.

64 Fuel tanks, etc.

64. (1) In the case of a single deck vehicle having passenger accommodation for more than 14 persons and in the case of a double deck vehicle, no fuel tank shall be placed under any part of any gangway or under any part of any passage leading to an emergency exit (excluding an additional exit, if restricted to use as an emergency exit, provided in accordance with sub-article (2) of article 69 of these Regulations) where that part of the gangway or passage is within 2 feet of any entrance or exit.

(2) In the case of a single deck vehicle having passenger accommodation for not more than 14 persons, no fuel tank shall be placed immediately under or within 1 foot of any entrance or exit, and no filling point for such a tank shall be situated at the rear of the vehicle.

(3) In a vehicle, no part of any fuel tank or apparatus for the supply of fuel shall be placed in the compartments or other spaces provided for the accommodation of the driver or of passengers.

(4) The filling points for all fuel tanks on a vehicle shall be accessible only from the outside of the vehicle, filler caps shall be so designed and constructed that they cannot be dislodged by accidental operation, and the vent hole (if any) shall be protected from danger of penetration by fire and shall be so designed as to prevent fuel from being splashed over.

(5) In the case of a vehicle having passenger accommodation for more than 14 persons, a device shall be provided by means of which the supply of fuel to any carburettor or, in the case of a fuel injection pump, to the injection nozzles, can be readily cut off, and the following requirements shall be complied with:—

(a) the means of operation of the device shall at all times be readily accessible from outside the vehicle and, except in the case of a vehicle fitted with an engine having a fuel injection system, shall be visible from the outside of the vehicle, and

(b) where the device is visible from the outside of the vehicle, the "off" position of the means of operation thereof shall be clearly marked on the outside of the vehicle, and, where the device is not visible, its position shall be clearly marked on the outside of the vehicle and the means of operation indicated.

65 Exhaust pipes

65. The exhaust pipe on a vehicle shall be so fitted or shielded that no inflammable material can fall or be thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle, and its outlet shall be placed on the right side of the vehicle and far enough to the rear to prevent, as far as practicable, fumes from entering the vehicle.

66 Electrical apparatus.

66. All electrical apparatus and circuits in a vehicle shall be so constructed, installed, electrically insulated, mechanically protected and shielded as to guard against the risk of electric shock or the outbreak of fire.

67 General construction and equipment.

67. (1) Every vehicle (including all bodywork, upholstery and fittings) shall be properly constructed of suitable materials and shall be of such a design that it is capable of withstanding the loads and stresses likely to be met with in operation and is otherwise suitable for use for the carriage of passengers.

(2) Where part of the floor of a vehicle is intended to be lifted, a properly sunk lifting device shall be provided for the purpose.

(3) Every vehicle shall be provided with a suitable roof, and, in the case of a vehicle having a roof capable of being folded back, the sides of the body of the vehicle shall be of a height adequate to ensure the safety of the passengers.

(4) Every vehicle shall be so constructed that adequate ventilation is possible without opening windows.

(5) In the case of a vehicle having passenger accommodation for more than 14 persons, efficient means shall be provided to enable passengers on any deck to signal to the driver when necessary.

(6) The windscreen on a vehicle shall be capable of being opened, if necessary, so as to give the driver a clear view of the road ahead unless an adequate demisting and defrosting device is fitted.

68 Steps, platforms and stairs.

68. (1) In every vehicle—

(a) the rear platform or the lowest step for the ordinary entrance to the vehicle when empty shall not be more than 1 foot and 5 inches or less than 10 inches above the ground;

(b) non-slip treads shall be fitted to the outer edge of any rear platform and of every step of every doorway;

(c) fixed steps shall be not less than 9 inches wide, and no step shall project laterally beyond the front wings of the vehicle.

(2) In a double deck vehicle—

(a) all steps leading from the lower to the upper deck shall be fitted with non-slip treads, and the risers of all such steps shall be closed;

(b) no aperture shall be left at the top landing board through which a passenger might inadvertently step;

(c) the horizontal distance from the riser of the top step to the vertical plane passing through the nearest point of the seat opposite to the top tread of the staircase (excluding any grab rail which does not project more than 4 inches from the back of the seat) shall not be less than 2 feet and 2 inches.

69 Number and situation of exits and entrances.

69. (1) A single deck vehicle (other than a vehicle having passenger accommodation for not more than 14 persons and having one means of entrance and exit behind the rear wheels) and the lower deck of a double deck vehicle shall be provided with not less than two exits (one of which may be restricted to use as an emergency exit) which shall be situated on different sides of the vehicle (the front or back of the vehicle being regarded as a side for this purpose).

(2) Where, in the case of a single deck vehicle and in the case of the lower deck of a double deck vehicle, passenger accommodation for more than 35 passengers is provided and the exits provided in accordance with sub-article (1) of this article are so placed that the distance (measured along the longitudinal axis of the vehicle between the centres of such exits) is less than 10 feet, an additional exit (which may be restricted to use as an emergency exit) shall be provided so that the distance (measured as aforesaid) between the nearest points of such additional exit and one of the other exits shall not exceed 10 feet.

(3) An emergency exit, which shall not be on the left side of the vehicle and which need not be equipped with a ladder or staircase, shall be provided on the upper deck of a double deck vehicle.

(4) In the case of an omnibus, every entrance shall be on the left side of the vehicle.

(5) In the case of a double deck vehicle, the provisions of sub-articles (1) and (4) of this article shall be deemed to be complied with where the vehicle is provided with a rear platform which communicates with the lower deck by means of a doorless opening and has a doorless opening on the left side of the vehicle continuous with one at the rear serving together as a means of both entrance and exit to the vehicle.

70 Dimensions of entrances and exits.

70. (1) Subject to the provisions of this article, every entrance and exit in a vehicle shall be at least 1 foot and 10 inches in width:

Provided that—

(a) Where, in accordance with the provisions of sub-article (5) of article 69 of these Regulations, one exit only is provided, the width of such exit measured along the rear of the vehicle may be less than 1 foot and 10 inches but not less than 1 foot and 6 inches where the width of the exit to the side of the vehicle is not less than 1 foot and 10 inches;

(b) the size of an emergency exit from the upper deck of a double deck vehicle shall not be less than 5 feet by 1 foot and 6 inches, and the size of an additional exit from a single deck vehicle and the lower deck of a double deck vehicle provided in accordance with sub-article (2) of article 69 of these Regulations shall, where restricted to use as an emergency exit, be not less than 3 feet by 1 foot and 10 inches;

(c) where the same entrance is used for both the upper and the lower deck of a double deck vehicle, no part of the entrance measured along the left side of the vehicle (disregarding any stanchion) shall be less than 3 feet in width.

(2) The clear height of any emergency exit (other than an emergency exit complying with the rules as to dimensions in paragraph (b) of sub-article (1) of this article) shall be not less than 4 feet in the case of a vehicle having passenger accommodation for not more than 14 persons, and 4 feet and 6 inches in any other case.

71 Doors.

71. (1) Every entrance and exit door on a vehicle shall be capable of being readily opened from inside and outside the vehicle by one operation of the locking mechanism:

Provided that, for the purpose of securing the vehicle when unattended, any entrance or exit door may be fitted with a supplementary lock with or without an actuating mechanism, where such lock is so designed and constructed that the door can at all times be opened by a person inside the vehicle by one operation of the ordinary locking mechanism.

(2) The device provided outside a vehicle for operating the locking mechanism of a door (not being an emergency exit on the upper deck of a double deck vehicle) shall be easily accessible to persons of normal height standing at ground level outside the vehicle.

(3) Means shall be provided for holding every entrance and exit door in a vehicle securely in the closed position.

(4) All locks and fastenings fitted to entrance and exit doors in a vehicle shall be so designed and fitted that they cannot become dislodged or operated accidentally.

(5) Where any entrances are provided with doors which are intended to remain open when the vehicle is in motion, suitable fastenings shall be provided to hold such doors securely in the open position.

(6) Every sliding door and every folding door fitted to an entrance or exit shall be provided with suitable fastenings to prevent it from being closed by the movement of the vehicle.

(7) All doors in a vehicle shall open so as not to obstruct clear access to any entrance or exit either from inside or from outside the vehicle.

(8) Where a vehicle is equipped with a door which is operated by power—

(a) a means by which the door may be opened shall be provided inside the vehicle convenient to the door, and its position shall be clearly marked;

(b) the storage and transmission systems of such power shall be such that operation of the doors does not adversely affect the efficient operation of the braking system of the vehicle, and

(c) the apparatus shall be so designed and constructed that, in the event of the system becoming inoperative, the door will be capable of being opened manually from both inside and outside the vehicle.

72 Emergency exits.

72. (1) The means of operation of all emergency exits in a vehicle shall be clearly indicated.

(2) All emergency exits in a vehicle shall—

(a) be clearly marked as such, inside and outside the vehicle;

(b) be fitted with doors which open outwards;

(c) be easily accessible to passengers;

(d) in the case of a single deck vehicle or the lower deck of a double deck vehicle, be so situated that passengers can step directly from the passage referred to in sub-article (3) of this article to the outside of the vehicle:

Provided that this requirement shall not apply in respect of an emergency exit in the roof of a vehicle or an additional exit provided in accordance with sub-article (2) of article 69 of these Regulations.

(3) Between every emergency exit and a gangway in a vehicle there shall be a passage which shall—

(a) have dimensions not less than those prescribed for a gangway in paragraph (a) of sub-article (1) of article 74 of these Regulations;

(b) be so designed that a vertical line projected upwards from the centre line of the passage at floor level will, to a height of 2 feet and 6 inches from the level of the deck, be laterally not less than 6 inches from any part of the vehicle (other than any cowling or cover which projects not more than 9 inches from the bulkhead into the passage at floor level and not more than 9 inches above the deck level and the provision of which is required by the projection of part of the chassis or mechanism of the vehicle into the body);

(c) have a clear height at every point along the centre line of the passage of 5 feet from the deck level:

Provided that—

(i) for the purposes of paragraphs (a) and (b) of this sub-article, a seat placed below or in front of an emergency exit on the upper deck of a double deck vehicle or an additional exit provided in accordance with sub-article (2) of article 69 of these Regulations may be deemed to form part of such a passage;

(ii) paragraph (c) of this sub-article shall not apply in the case of a passage leading to an emergency exit on the upper deck of a double deck vehicle or to an additional exit provided in accordance with sub-article (2) of article 69 of these Regulations, and shall not apply in the case of a passage on a single deck vehicle where the vehicle has passenger accommodation for not more than 14 persons;

(iii) in the case of a passage in which a tip-up seat is placed, the conditions of this sub-article shall apply as if the seat were turned up in the normal way when not in use.

(4) No emergency exit shall be fitted with any system of power operation for opening the doors thereof.

(5) The means of operation of all emergency exits other than those fitted to an upper deck of a double deck vehicle shall be easily accessible to persons of normal height standing on ground level outside the vehicle.

73 Access to exits.

73. (1) In every vehicle there shall be unobstructed access from every seat (save in the case of any seats beside the driver's seat, where there is access to such seats by an entrance other than the driver's entrance) to at least two exits, or to one exit where one exit only is required under article 69 of these Regulations.

(2) No seat shall be fitted to any door of any vehicle.

(3) A grab handle shall be fitted to each entrance or exit (other than an emergency exit) to assist passengers in boarding or alighting from the vehicle.

74 Dimensions of gangways.

74. (1) (a) The width of every gangway in a vehicle shall not be less than—

(i) 1 foot, up to a height of 2 feet and 6 inches above the level of the deck;

(ii) 1 foot and 2 inches, at heights exceeding 2 feet and 6 inches but not exceeding 4 feet above the level of the deck;

(iii) 1 foot and 6 inches, at heights exceeding 4 feet above the level of the deck.

(b) A vertical line projected upwards from the centre line of any gangway at deck level shall, to the height prescribed in sub-article (2) of this article as the height of that gangway, be laterally not less than 6 inches from any part of the vehicle other than the roof over the gangway.

(c) No part of any gangway which serves as a joint means of access from any entrance to both the upper and the lower deck of a double deck vehicle shall be less than 3 feet in width.

(d) In the case of a vehicle having passenger accommodation for more than 14 persons, no part of any gangway which is within 3 feet of an exit (other than an emergency exit) to which it leads shall be less than 1 foot and 10 inches in width.

(e) For the purposes of this sub-article, when any space in front of a seat is required for the accommodation of seated passengers, the space within 9 inches of the seat shall not be taken into account in measuring the width of a gangway, except in the case of a vehicle having passenger accommodation for not more than 14 persons.

(2) (a) The clear height at every point along the centre line of any gangway from the front edge of the foremost passenger seat adjacent to the gangway to the front edge of the rearmost passenger seat adjacent to the gangway shall, subject to paragraph (c) of this sub-article, be—

(i) in the case of a single deck vehicle and in the case of the lower deck of a double deck vehicle, not less than 5 feet and 10 inches; and

(ii) in the case of the top deck of a double deck vehicle, not less than 5 feet and 8 inches.

(b) No part of any gangway on the top of a double deck vehicle shall project into the compartment or other space provided for the accommodation of the driver.

(c) In the case of a vehicle having passenger accommodation for not more than 14 persons, the clear height along the centre line of any gangway shall be not less than 4 feet and 8 inches, except for a distance of 12 inches measured along the centre line of the gangway from each entrance or exit, along which distance the clear height over the centre line of the gangway shall not be less than 4 feet.

75 Seats.

75. (1) In a vehicle, each seat shall be of adequate dimensions, with a closed or continuous back rest of adequate size, and the supports of the seat shall be firmly fixed in position.

(2) Each seat in a vehicle shall be so constructed, and placed in such a position, as not to be likely to cause discomfort to any passenger.

(3) Where any seat in a vehicle is so placed that a passenger seated upon it is liable to be thrown through any exit or entrance or down a stairway, an effective screen or guard shall be placed so as to provide protection for any passenger occupying that seat.

(4) In a vehicle, there shall be a clear space of at least 3 feet measured vertically above the centre of the front edge of each seat or portion of seat allowed to each passenger.

(5) In a vehicle, the shortest distance between the edge of any step well and vertical plane passing through the front edge of a seat shall not be less than 9 inches.

(6) In a vehicle the distance between any part of the back rest of any seat placed lengthwise and the corresponding part of the back rest of the seat facing it shall not be less than 5 feet and 3 inches:

Provided that, in the case of a vehicle having passenger accommodation for not more than 14 persons, it shall be sufficient compliance with this requirement if the distance is not less than 4 feet and 6 inches.

(7) Seats placed lengthwise in a vehicle shall be so fitted that there is a clear space of at least—

(a) 8 inches in front of any part of every such seat, and

(b) 2 feet in front of the centre of the back rest of any such seat or any portion of such seat allowed for one passenger.

(8) In a vehicle, cross or transverse seats shall be so fitted that—

(a) there is a clear space of at least 1 foot and 4 inches between any part of the front edge of a seat and any part of any seat which faces it, and

(b) there is a clear space of at least—

(i) 8 inches in front of any part of a seat, and

(ii) 2 feet in front of the centre of the back rest of any such seat or any portion of such seat allowed for one passenger.

76 Driver's accommodation.

76. (1) Every vehicle shall be so designed that the driver has adequate room and can easily reach and quickly operate the controls.

(2) In a vehicle, the steering pillar shall be on the right side of the vehicle and the driver's seat shall be so placed as to permit him to give by hand the usual traffic signals on the right side of the vehicle.

(3) The controls of a vehicle shall be so placed as to allow reasonable access to the driver's seat.

(4) Means shall be provided, where necessary, to prevent light from the interior of a vehicle from interfering with the driver's clear view of the road.

(5) In a vehicle having passenger accommodation for more than 14 persons, the driver's seat shall be capable of being adjusted in a vertical direction and in a horizontal direction parallel to the longitudinal axis of the vehicle and of being firmly secured in any desired position within the limits of such adjustments.

(6) There shell not be any seat in a vehicle on the righthand side of the driver's seat.

(7) Where the driver's seat in a vehicle is continuous with a seat for passengers on the left-hand side of the driver, a space of 1 foot and 6 inches from the centre of the steering column to the left thereof shall be reserved for the driver and shall be divided off from such passengers by means of a solid partition at least 9 inches high from seat level and extending for the whole depth of the seat.

(8) In a vehicle, direct and reasonable access to the driver's seat shall be provided.

(9) Where there is in a vehicle a separate and enclosed compartment for the driver and access to the driver's seat is from the right side of the vehicle, there shall be provided an emergency escape window which shall—

(a) be easily accessible to the driver;

(b) have a clear opening of not less than 1 foot and 10 inches by 1 foot and 6 inches; and

(c) not be on the right side of the vehicle.

77 Markings.

77. (1) The passenger accommodation of a vehicle together with the passenger accommodation of each deck of the vehicle shall be clearly marked with letters at least 1 inch high—

(a) in the interior of the lower deck of the vehicle, and

(b) on the outside of the vehicle, either on the rear or on the left side.

(2) The name and address of the operator of a vehicle shall be clearly inscribed on the outside of the vehicle with letters at least 1 inch high, in a conspicuous position on the left side of the vehicle.

78 Maintenance.

78. (1) The outside and inside of the body of a vehicle, and all windows, fittings and seats for passengers shall be maintained in clean and good condition.

(2) The steering arms of a vehicle shall be kept clean and free from rust.

79 Carriage of certain equipment

79. (1) Every vehicle shall carry, in such a position as to be immediately available for use, suitable and efficient apparatus for extinguishing fire, which apparatus shall consist of fire extinguishers of one or more of the following kinds:—

(a) foam producing,

(b) soda acid chemical,

(c) carbon tetrachloride,

(d) dry powder,

(e) chlorobromomethane,

(f) bromochlorodefluoromethane,

(g) carbonic acid.

(2) Every vehicle (other than an omnibus with a scheduled route not exceeding 15 miles) shall carry—

(a) apparatus capable of raising any wheel fitted to the vehicle to a height not less than 6 inches from the ground,

(b) in a readily accessible and conspicuous position, a suitable receptacle containing the following first-aid dressings and appliances, of good quality and in good condition:—

(i) 2 ounce bottle Sal Volatile (with amount of dose, mode of administration and a warning "NOT TO BE ADMINISTERED IN CASE OF HAEMORRHAGE" printed on the label),

(ii) antiseptic cream which embodies acriflavine or aminoacridine,

(iii) a constrictive bandage,

(iv) a large sterilised dressing suitable for burns and wounds (not less than 3 inches x 3 inches),

(v) 3 medium sterilised wound dressings (consisting of gauze and wool or lint and wool, not less than 2 inches x 2 inches),

(vi) sterilised cotton wool (not less than 2 ounces),

(vii) 3 roller bandages (3 inches x 6 yards),

(viii) 2 triangular bandages,

(ix) a roll of surgical strapping (not less than 1 inch x 3 yards or ½ inch x 5 yards),

(x) a tourniquet of the Samway Anchor type, labelled "TO BE LOOSENED EVERY 15 MINUTES",

(xi) a pair of rustless scissors,

(xii) a box of large strong safety pins.

80 Number of passengers.

80. (1) A person shall not, subject to the provisions of sub-articles (2) and (3) of this article, cause or permit the number of passengers carried on a vehicle to exceed the number of persons for which passenger accommodation is provided.

(2) If and so long as three or more children under the age of 15 years are being carried on the vehicle, the number of such children shall be deemed to be reduced by one-third for the purposes of calculating the number of passengers carried.

(3) During hours of peak traffic, or in circumstances in which undue hardship would be caused to intending passengers if they were not carried, a greater number of passengers than that permissible under sub-article (1) of this article may be carried on an omnibus, subject to the following limitations:

(a) no additional passengers may be carried by virtue of this sub-article in the upper deck of a double deck omnibus, or in an omnibus having passenger accommodation for less than 15 persons;

(b) no additional passengers may be carried by virtue of this sub-article at any time while the omnibus is exceeding a speed of 40 miles per hour;

(c) the additional number of passengers carried in a single deck omnibus by virtue of this sub-article shall not exceed in number 8, or one-quarter of the passenger accommodation of such omnibus, whichever is the less;

(d) the additional number of passengers carried in the lower deck of a double deck omnibus by virtue of this sub-article shall not exceed in number 8, or one-quarter of the passenger accommodation of such lower deck, whichever is the less.

81 Obstruction.

81. In a vehicle in a public place, every entrance, exit, and gangway shall be kept clear of obstruction while passengers are being carried, but for this purpose standing passengers shall not be deemed to be an obstruction.

82 Saver for certain vehicles.

82. (1) (a) This sub-article applies to a vehicle which complies in all respects with the provisions of the regulations relating to the construction of large public service vehicles under Part II of the Road Traffic Act, 1933 which were in, operation immediately prior to the coming into operation of these Regulations.

(b) In the case of a vehicle to which this sub-article applies, it shall not be necessary to make any alteration in the construction of the vehicle in order to comply with this Part of these Regulations—

(i) from the coming into operation of these Regulations until the 1st day of July, 1964, to any such vehicle,

(ii) on and after the 1st day of July, 1964, to any such vehicle—

I. in respect of which there was in force before the said date a public service vehicle licence under the Road Traffic (Public Service Vehicles) Regulations, 1963, or

II. owned by a statutory transport undertaking within the meaning of the said regulations and used as a public service vehicle before the said date.

(2) Articles 54 to 81 of these Regulations shall not apply to a vehicle in respect of which a licence is in force under article 60 of the Road Traffic (Public Service Vehicles) Regulations, 1963, while such vehicle is being used for the carriage of school-children in accordance with such a licence.

83 Owner liability.

83. Where a vehicle which does not comply with a provision (other than articles 80 and 81) of this Part of these Regulations applying in relation to the vehicle is used in a public place by a person who is not the owner of the vehicle, such owner shall also, subject to paragraph (b) of subsection (5) of section 11 of the Act, be guilty of an offence.

PART VII. DUTIES OF DRIVERS AND OTHERS IN RELATION TO MECHANICALLY PROPELLED VEHICLES AND TRAILERS.

84 Definition.

84. In this Part of these Regulations, save where the context otherwise requires, "vehicle" means a mechanically propelled vehicle and includes an articulated vehicle.

85 Prevention of noise.

85. (1) (a) A person shall not use, or cause or permit to be used, in a public place any vehicle or trailer attached thereto, which causes any excessive noise either directly or indirectly as a result of—

(i) any defect (including a defect in design or construction), lack of repair or faulty adjustment in the vehicle or trailer or any equipment fitted thereto, or

(ii) the faulty packing or adjustment of the load of the vehicle or trailer.

(b) Where a person is charged with a contravention of paragraph (a) of this sub-article, it shall be a good defence to the charge—

(i) to show that the noise or continuance of noise in respect of which the charge is made was due to some temporary or accidental cause, and could not have been prevented by the exercise of due diligence and care on the part of the driver or owner of the vehicle or trailer; or

(ii) in the case of a charge against the driver of a vehicle who is not the owner thereof, to show that the noise arose through a defect in the design or construction of the vehicle or trailer or through the negligence or fault of some other person whose duty it was to keep the vehicle or trailer in proper condition or in a proper state of repair or adjustment or properly to pack or adjust the load of the vehicle or trailer, and could not have been prevented by the exercise of reasonable diligence and care on the part of such driver.

(2) A person shall not drive a vehicle in a public place in such a manner as to cause any excessive noise which could have been avoided by the exercise by him of reasonable care.

(3) The driver of a vehicle shall, when the vehicle is stationary in a public place otherwise than in the course of traffic, stop the action of any machinery attached to, or forming part of, such vehicle, so far as may be necessary for the prevention of noise:

Provided that this sub-article shall not apply so as to prevent the examination or working of the machinery attached to or forming part of a vehicle where any such examination or working is rendered necessary by any failure or derangement of the said machinery or where the engine of the vehicle is required to be worked for some ancillary purpose.

(4) A person shall not use, or permit to be used, in a public place any vehicle which is propelled by an internal combustion engine, so that the exhaust gases from the engine escape into the atmosphere without first passing through the exhaust silencer or other device required by article 29 of these Regulations to be fitted to the vehicle.

86 Use of audible warning device.

86. (1) Subject to the following sub-articles of this article, the driver of every vehicle which is required by article 28 of these Regulations to be fitted with an audible warning device shall, whenever necessary in a public place, give audible and sufficient warning of the approach or position of the vehicle by sounding the device.

(2) A person shall not use, or permit to be used, any device provided on a vehicle for the purpose of giving audible warning except when such use is reasonably necessary on grounds of safety.

(3) (a) A person shall not, between the hours of 11.30 p.m. and 7 a.m., sound any audible warning device provided on a vehicle while the vehicle is on a road to which a speed limit of 30 miles per hour or 40 miles per hour under Section 45 or 46 of the Act applies:

Provided that this paragraph shall not apply to a vehicle used for fire brigade, ambulance, or police purposes.

(b) Where a person is charged with a contravention of paragraph (a) of this sub-article, it shall be a good defence to the charge to show that the use of the audible warning device was necessary for the purpose of avoiding immediate danger.

(4) Nothing in this article shall prevent—

(a) the sounding of a device for the purposes of raising an alarm as to theft or attempted theft,

(b) the sounding of a device operated by radio to summon the driver of a vehicle used for public utility or emergency services.

87 Stationary vehicles.

87. (1) Where a vehicle as allowed to remain stationary on a public road, the driver shall not, subject to sub-article (2) of this article, leave the vehicle unattended unless—

(a) the engine of the vehicle is not running,

(b) where the engine is contained in a separate portion of the vehicle capable of being closed, such portion is closed, and

(c) where the vehicle is fitted under article 31 of these Regulations with a door or doors capable of being locked or with a device for preventing unauthorised driving, such door, doors or device is or are locked so as to prevent the vehicle being driven, and, where appropriate, the key of the door, doors or device is removed from the vehicle.

(2) Sub-article (1) of this article shall not apply to a fire brigade vehicle, the engine of which is being used for any fire fighting or rescue purpose.

(3) Where a vehicle which is required to have a parking brake or a braking device capable of acting as such is allowed to remain stationary on a public road, the vehicle shall not be left unattended unless that brake or braking device is effectually set:

Provided that this sub-article shall not apply where the driver is requested by a member of the Garda Síochána or a parking attendant (licensed or authorised as such under the Act not to set the brake.

88 Races.

88. (1) Subject to sub-article (2) of this article, a person shall not drive a vehicle on a public road in any race, trial of speed, or other competition in which competitors are required to cover in vehicles a fixed distance in the shortest possible time, or which is likely for any reason to induce competitors to drive vehicles at a high speed.

(2) Sub-article (1) of this article shall not operate so as to—

(a) prevent the driver of a vehicle from taking part in a race or other competition on a road which is for the time being closed under section 35 of the Local Government Act, 1955 , provided that such race, trial or competition is held with the consent of the local authority charged with the maintenance of the road, or

(b) prevent the driver of a vehicle from taking part in a test of the reliability of the vehicle, where the test does not require or encourage the driving of a vehicle at more than a reasonable speed.

89 Use of closets.

89. A person shall not discharge, or allow to leak, on to a public road or a public place which is a car park any part of the contents of any closet, urinal, lavatory basin or sink carried by a vehicle or trailer, or any part of the contents of any tank into which such closet, urinal, lavatory basin or sink drains.

90 Emission of fumes.

90. (1) A person shall not use a vehicle in a public place so that there is emitted therefrom any smoke, visible vapour, grit, sparks, ashes, cinders or oily substances the emmision of which could be prevented by the exercise of reasonable care.

(2) Where a device which is designed to facilitate starting, by causing the engine to be supplied with excess fuel, is fitted to a vehicle propelled by a compression ignition engine, a person shall not 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.

91 Passengers on motor cycles.

91. (1) In this article "motor cycle" means a mechanically propelled bicycle exclusive of any side-car attached to such bicycle.

(2) There shall not be carried on a motor cycle in a public place more than one person in addition to the driver.

(3) Where a person in addition to the driver is carried on a motor cycle in a public place, such person shall be carried sitting astride the motor cycle behind the driver.

(4) A person in addition to the driver shall not be carried on a motor cycle in a public place unless the motor cycle is constructed or adapted for the carriage of a person in addition to the driver.

92 General duties of drivers and others.

92. (1) A person shall not drive a vehicle in a public place at any time when his power of control over the vehicle or his field of view is seriously diminished, either by reason of his position in or on the vehicle, by reason of anything permanently or temporarily carried by the vehicle, or by reason of the position or number of the passengers in or on the vehicle, or for any other reason.

(2) A passenger in a vehicle in a public place shall not wilfully obstruct or impede the driver or, without reasonable cause, obstruct or interfere with the working of the vehicle or distract the driver's attention.

(3) A person shall not in a public place cause or permit a door of a vehicle or trailer to be opened or remain open unnecessarily or passengers to alight where the opening, or the remaining open, of such door is liable to cause danger or obstruction.

(4) A person shall not in a public place cause or permit the filling of the fuel tank of a vehicle or the removal of a filler cap from such tank while the engine of the vehicle is running.

PART VIII. MISCELLANEOUS PROVISIONS.

93 Pedal cycles.

93. (1) Every pedal cycle (other than a cycle constructed or adapted for use as a racing cycle) while used in a public place shall be fitted with an audible warning device consisting of a bell capable of being heard at a reasonable distance, and no other type of audible warning instrument shall be fitted to a pedal cycle while used in a public place.

(2) Every pedal cycle (other than a cycle so constructed that the pedals act directly on any wheel or its axle without the intervention of any gearing, chain or other device) while used in a public place shall be equipped with an efficient braking device, or two efficient braking devices, in accordance with the following provisions, that is to say:—

(a) where at least one wheel of the cycle is incapable of rotating independently of the pedals or where the cycle is designed for use by a child not more than seven years of age, the cycle shall be equipped with one braking device;

(b) in any other case, the cycle shall be equipped with two braking devices and, in the case of a bicycle, one device shall operate on the front wheel and one device shall operate on the rear wheel.

94 Pedestrian controlled vehicles

94. Every pedestrian-controlled vehicle while used in a public place shall be so constructed or equipped as to be capable of being braked in an efficient manner.

95 Track-laying vehicles.

95. (1) Subject to sub-articles (2) and (3) of this article, every mechanically propelled track-laying vehicle while used in a public place shall be so constructed or equipped as to be capable of being braked in an efficient manner.

(2) Where a vehicle referred to in sub-article (1) of this article is capable of exceeding 6 miles per hour, it shall be equipped with one or more efficient braking devices capable of stopping the vehicle within a reasonable distance and of holding the vehicle stationary when stopped.

(3) Where a vehicle referred to in sub-article (2) of this article is capable of exceeding 24 miles per hour, it shall be equipped with two independent efficient braking devices so constructed that, in, the event of the total or partial failure of one device, the other device shall be capable of stopping the vehicle within a reasonable distance.

96 General provisions.

96. (1) Every vehicle while used in a public place shall be such, and so maintained and used, that no danger is likely to be caused to any person.

(2) The wheels of a vehicle, while it is in use on a public road, and any part of the vehicle in contact with the ground, shall be such that no damage is likely to be caused to the road.

(3) (a) Every load carried by a vehicle in a public place shall be of such a weight and size and so distributed, packed, adjusted and attached to the vehicle that, so far as can reasonably be foreseen, no danger is liable to be caused and that there is no interference with the stability of vehicle.

(b) In the case of mechanically propelled vehicles and trailers, no load carried shall exceed a reasonable weight, having regard to the engine capacity, brakes, tyres and general construction of the vehicle.

(4) A load shall not be carried on a vehicle on a public road in such a manner that part of the load is liable to fall on the road, or drags on the surface of the road, so as to cause damage to the road or to be liable to cause danger.

(5) The number of passengers carried by a vehicle in a public place shall be such that no danger is caused or is likely to be caused.

(6) A mechanically propelled vehicle or trailer shall not be used in a public place for any purpose for which it is so unsuitable as to be likely to cause danger.

97 Experimental vehicles.

97. The Minister for Local Government may issue to any person a special permit authorising, subject to such conditions as may be specified in such permit, the use in public places of a particular vehicle or combination of vehicles for experimental purposes notwithstanding that such vehicle or combination of vehicles contravenes the provisions of these Regulations.

FIRST SCHEDULE.

REVOCATIONS.

Number.

Title.

Extent of Repeal.

S.R. & O. 1934. No. 150.

The Mechanically Propelled Vehicles (Construction, Equipment and Use) Order, 1934.

The whole order.

S.R. & O. 1935. No. 259.

Large Public Service Vehicles Regulations, 1935.

The whole regulations except article 56.

S.R. & O. 1936. No. 200.

Road Traffic (Weigh-Bridges) Order, 1936.

The whole order.

S.R. & O. 1936. No. 269.

Small Public Service Vehicles Regulations, 1936.

The whole regulations except articles 18 and 32.

S.R. & O. 1938. No. 330.

Mechanically Propelled Vehicles (Construction, Equipment and Use) Order, 1938.

The whole order.

S.R. & O. 1944. No. 206.

Large Public Service Vehicles (Amendment) Regulations, 1944.

The whole regulations.

S.R. & O. 1946. No. 122.

Large Public Service Vehicles (Special Roads) Order, 1946.

The whole order.

S.R. & O. 1946. No. 218.

Mechanically Propelled Vehicles (Construction, Equipment and Use) (Amendment) Order, 1946.

The whole order.

S.I. No. 189 of 1956 .

Small Public Service Vehicles (Amendment) Regulations, 1956.

The whole regulations.

S.I. No. 117 of 1960 .

Small Public Service Vehicles (Amendment) Regulations, 1960.

The whole regulations.

SECOND SCHEDULE.

STANDARDS OF PERFORMANCE FOR BRAKING DEVICES.

1. The vehicles and combinations of vehicles referred to in article 46 of these Regulations and to which this Schedule applies are as follows:—

(a) every mechanically propelled vehicle capable of exceeding 24 miles per hour on a dry level road under normal atmospheric conditions, other than—

(i) any vehicle registered before the 1st day of January, 1931 and used only for the purpose of rallies,

(ii) any track-laying vehicle, or

(iii) any works truck;

(b) every trailer (other than any track-laying trailer, or any trailer in the nature of movable civil engineering plant which is stationary or is being drawn at a speed not exceeding 12 miles per hour) which is, or is intended to form part of a combination of vehicles required under these Regulations to be equipped with a service brake of the continuous or semi-continuous type;

(c) every combination of a mechanically propelled vehicle referred to in sub-paragraph (a) of this paragraph and one or more trailers.

2. For the purposes of the determination of the standards of performance set out in this Schedule—

(a) the stopping distance of a vehicle or combination of vehicles shall be measured, from the point where the driver begins to move the control of the braking device to the point where the vehicle or combination stops, on a reasonably dry and level road;

(b) a reference to a vehicle or combination of vehicles in relation to stopping distance, rate of deceleration or braking force expressed as a percentage of the weight of the vehicle or combination, shall be construed as a reference to the vehicle or combination of vehicles while carrying a driver and any passengers and load which it is carrying or is designed to carry (whichever condition of loading is the greater), and (in the case of a bicycle) with any side-car attached;

(c) a reference to speed shall be construed as a reference to the speed at which the vehicle or combination of vehicles is travelling when the driver begins to move the control of the braking device;

(d) save in the case of a vehicle to which sub-article (3) of article 40 of these Regulations applies, the engine shall be disengaged when a braking device is operated.

3. (a) In the case of a mechanically propelled vehicle or combination of vehicles of a class mentioned in column 1 of the Table to this paragraph, each braking device mentioned in column 2 of the said Table (opposite the mention in column 1 of that class) shall be capable of stopping the vehicle or combination within the stopping distance mentioned in column 3 of the said Table at the speed mentioned in column 4 of the said Table and for the maximum pressure applied to the control of the braking device mentioned in column 5 of the said Table, opposite (in each case) the mention in column 2 of that braking device.

TABLE

Column 1

Column 2

Column 3

Column 4

Column 5

Class of vehicle or combination of vehicles.

Braking device.

Stopping distance.

Speed in miles per hour.

Maximum pressure applied to control of braking device.

I

Mechanically propelled bicycles ... ... ...

Device acting on front wheel

52 feet

25

/images/si190y63p135.gif

40 lbs. for a hand control and 100 lbs. for a foot control.

Device acting on rear wheel

66 feet

25

II

Vehicles to which sub-article (3) of article 40 of these Regulations applies.

The device or combination of devices capable of acting as service brake.

100 feet

37

/images/si190y63p135.gif

Each device acting separately

100 feet

25

III

Mechanically propelled vehicles, other than those referred to at references I and II above, being passenger vehicles with passenger accommodation for not more than 14 persons or vehicles (other than passenger vehicles) which do not exceed 2 tons in weight unladen.

Service brake ... ... ...

160 feet

50

100 lbs.

Emergency brake ... ...

320 feet

50

100 lbs.

IV

Passenger vehicles with passenger accommodation for more than 14 persons.

Service brake ... ...

120 feet

37

150 lbs.

Emergency brake ... ...

240 feet

37

150 lbs.

V

Mechanically propelled vehicles (other than passenger vehicles) exceeding 2 tons in weight unladen.

Service brake ... ...

66 feet

25

150 lbs.

Emergency brake ... ...

132 feet

25

150 lbs.

VI

Combinations of vehicles required to be equipped with service brakes of the continuous or semi-continuous type.

Service brake ... ...

70 feet

25

150 lbs.

Emergency brake assisted by brake on trailer.

140 feet

25

150 lbs.

(b) This paragraph shall not apply to any mechanically propelled vehicle registered before the 1st day of July, 1964, or to any combination of such a mechanically propelled vehicle and one or more trailers.

4. (a) The service brake of a mechanically propelled vehicle or combination of vehicles or, where the vehicle (other than a bicycle) is not required to be equipped with a service brake, the braking device or devices required under these Regulations to be capable of performing the function of a service brake, shall be capable of developing a maximum braking force equivalent to not less than—

(i) in the case of a vehicle to which sub-article (3) of article 40 of these Regulations applies, 45 per cent. of the weight of the vehicle,

(ii) in the case of a passenger vehicle (not being a vehicle to which sub-article (3) of article 40 of these Regulations applies) having passenger accommodation for not more than 14 persons, and in the case of a vehicle (not being a passenger vehicle or a vehicle to which sub-article (3) of article 40 of these Regulations applies) which does not exceed 2 tons in weight unladen, 55 per cent. of the weight of the vehicle,

(iii) in the case of a trailer, 45 per cent. of the weight transmitted to the ground by the axle or axles braked,

(iv) in any other case, 45 per cent. of the weight of the mechanically propelled vehicle or combination of vehicles.

(b) The service brake of a mechanically propelled vehicle or combination of vehicles or, where the vehicle (other than a bicycle) is not required to be equipped with a service brake, the braking device or devices required under these Regulations to be capable of performing the functions of a service brake, shall be capable of decelerating the vehicle to a maximum rate of deceleration of not less than—

(i) in the case of a vehicle to which sub-article (3) of article 40 of these Regulations applies, 14½ feet per second per second,

(ii) in the case of a passenger vehicle (not being a vehicle to which sub-article (3) of article 40 of these Regulations applies) having passenger accommodation for not more than 14 persons, and in the case of a vehicle (not being a passenger vehicle or a vehicle to which sub-article (3) of article 40 of these Regulations applies), which does not exceed 2 tons in weight unladen, 17¾ feet per second per second,

(iii) in any other case, 14½ feet per second per second.

5. (a) The emergency brake of a mechanically propelled vehicle or combination of vehicles or, where the vehicle (other than a bicycle) is not required to be equipped with an emergency brake, any braking device required under these Regulations to be capable of performing the functions of an emergency brake, shall be capable of developing a maximum braking force equivalent to not less than—

(i) in the case of a vehicle registered before the 1st day of July, 1964, or a combination of vehicles of which such vehicle is the drawing unit, or in the case of a vehicle to which sub-article (3) of article 40 of these Regulations applies, 20 per cent. of the weight of the vehicle or combination of vehicles,

(ii) in any other case, half of the maximum braking force prescribed under paragraph 4 of this Schedule in respect of the service brake of the vehicle or combination of vehicles.

(b) The emergency brake of a mechanically propelled vehicle or combination of vehicles or, where the vehicle (other than a bicycle) is not required to be equipped with an emergency brake, any braking device required under these Regulations to be capable of performing the functions of an emergency brake, shall be capable of decelerating the vehicle or combination of vehicles to a maximum rate of deceleration not less than—

(i) in the case of a vehicle registered before the 1st day of July, 1964, or a combination of vehicles of which such vehicle is the drawing unit, or in the case of a vehicle to which sub-article (3) of article 40 of these Regulations applies, 6½ feet per second per second,

(ii) in any other case, half the maximum rate of deceleration prescribed under paragraph 4 of this Schedule in respect of the service brake of the vehicle or combination of vehicles.

6. The parking brake of a mechanically propelled vehicle or trailer shall be capable of holding the vehicle or trailer stationary on a gradient of not less than 16 per cent., and the parking brake of a combination of vehicles shall be capable of holding the combination of vehicles stationary on a gradient of not less than 8 per cent.

7. (a) The braking device acting on the front wheel with which a mechanically propelled bicycle is required to be equipped under these Regulations shall be capable of holding the cycle stationary on a gradient of not less than 35 per cent., and the braking device acting on the rear wheel with which the cycle is required to be equipped under these Regulations shall be capable of so holding such cycle on a gradient of not less than 27 per cent.

(b) References to the cycle in this paragraph shall be construed as references to the cycle, including a side-car where used, while carrying a driver and any passengers which the cycle is carrying or is designed to carry (whichever condition of loading is the greater).

8. Where the speed specified in relation to a stopping distance in the Table to paragraph 3 of this Schedule exceeds the maximum speed of which any vehicle is capable on a dry level road under normal atmospheric conditions, such maximum speed shall be substituted for the speed so specified and the stopping distance in feet in respect of a service brake or device performing the function thereof shall not exceed the stopping distance determined in accordance with the formula 0.071 x S2 in the case of vehicles at reference II in the Table to paragraph 3 of this Schedule, 0.065 x S2 in the case of vehicles at reference III of the said Table or 0.79 x S + 0.065 x S2 in the case of vehicles at reference IV of the said Table, where S represents the speed of the vehicle in miles per hour.

9. In the case of a mechanically propelled vehicle which is first registered on or after the 1st day of July, 1965 and which exceeds 10 tons in weight laden and the emergency brake of which is not operated by the same control as the service brake, the emergency brake shall, notwithstanding any other provision of this Schedule, be capable of stopping the vehicle within a distance of 85 feet at 25 miles per hour unless the service brake is such that, in the event of the failure of braking transmission to one of the axles, at least one other axle can be braked by the operation of the service brake control with a residual braking performance equivalent to not less than 30 per cent. of that prescribed for the service brake in this Schedule.

GIVEN under the Official Seal of the Minister for Local Government

this twelfth day of October, 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe the requirements as to the construction, equipment and use of vehicles (including large public service vehicles and small public service vehicles) while being used on public roads and, in certain cases, in public places.

The Regulations prescribe certain maximum laden weights and dimensions for vehicles and trailers drawn thereby on public roads and specify the types of tyres and wheels with which they must be fitted.

The Regulations also prescribe conditions as to the use of vehicles and their equipment and the duties of drivers and passengers.

These Regulations replace regulations made under, and certain sections of, the Road Traffic Act, 1933 .