Companion Website

Police Law 11th Edition

10. Use of Vehicles

Chapter 10

Regulation 36A (coaches, buses etc) p 444

From 3 March 2009, amendments to regs 36A and 36B are effective. [SI 2009/142]

Paragraphs (2D) and (2E) of reg 36A are omitted. These paragrahs provided transitional exemption for certain categories of passenger carrying vehicles from the requirement to be fitted with a speed limiter. Those provisions are now time expired. Vehicles which were previously exempted under para (2D) must now comply with para (2C) and those previosuly exempted under (2E) must comply with (2B). The exemptions were in consequence of Directive 2002/85/EC which required the retrospectve fitting of limiters to specified vehicles restricting the speed of those buses to 100 km/h and in recognition that it would take a little time for changes to be effected by vehicle operators.

Exemptions p 445

The exemptions are extended are extended to include Her Majesty's Prison Service Vehicles which are primarily used in the movement of Category A prisoners (those prisoners whose escape would be highly dangerous to the public or the police or to the security of the state, no matter how unlikley that escapoe might be, and for whom the aim must be to make escape impossible). [SI 2009/142]

Regulation 36B (goods vehicles) p 445

Regulation 36B is similarly amended by the removal of paras (1C) and (1D) therefrom. Paragraph (1C) made similar temporary provisions in respect of certain categories of goods vehicles and those vehicles must now comply with the provisions of (1B). Vehicles which previously fell within (1D) must now comply with the provisions of (1A).

The exemptions listed on p 446 are extended to include an emergency tactical response vehicle operated by or on behalf of Her Majesty's Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order in Her majesty's prisons or immigration detention centres.

Mirrors p 446

In relation to the information in para 5 under this heading, the following information is now relevant:

The provisions at (a) to (c) in the text require most goods vehicles first used on or after 26 January 2007 to be fitted with 'wide angle' (class IV) and 'close proximity mirrors' (Class V) on both sides of the vehicle. The Road Vehicles (Construction and Use) Regulations 1986 (Amendment) Regulations 2009 (SI 2009/142) were made in consequence of Directive 2007/38/EC. The Regulations require goods vehicles over 3.5 tonnes first used on or after 1 January 2000 to be fitted with one Class IV wide angle mirror and one Class V close proximity mirror on the passenger side of a goods vehicle over 3.5 tonnes and up to 7.5 tonnes. The new requirement only applies to those vehicles under 7.5 tonnes which have high cabins similar to heavy goods vehicles and so will exclude `Transit' type vehicles which represent a large number of the vehicles within the 3.5-7.5 tonnes range. A 'high cabin' is one on which the mounting height for a close-proximity mirror (Class V) is higher than 2m according to the provisions of Directive 2003/97/EC.

Where vehicles are already equipped, on the passenger side, with wide angle and close proximity mirrors, the combination of the effects of which covers not less than 95% of the field of vision at ground level of a Class IV mirror and not less than 85% of that field of vision in the case of a Class V mirror in accordance with Directive 2003/97/EC they will be deemed to comply with this new requirement.