Ownership or location?
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We are a subsidiary of a continental company and have several bases in the UK from which we operate accompanied and unaccompanied trailers services throughout Europe.
Many of our trailers are registered on the continent although owned by the UK company.
We cannot obtain the clear guidance on whether these trailers should be fitted with sideguards, underrun bars, spray suppression and side marker lamps.
Can you clarify this?
A Whether your trailers should have sideguards, underrun bars and spray suppression equipmment depends on their usual operating base.
These parts are required to be fitted by the Road Vehicles (Construction and Use) Regulations 1986 but the requirements do not apply in certain circumstances. For example, in a situation where a trailer having a base or centre in a country outside Great Britain from which it normally starts its journeys, provided that a period of not more than 12 months has elapsed since the vehicle was last brought into Great Britain.
It can be seen that the registration of a trailer is not relevant to the exemption.
If one of your trailers normally starts its journeys from any of your bases in Great Britain it will not benefit by the exemption.
Where your trailers normally start their journeys is a question of fact and you are in the best position to know those facts.
The exemption from side marker lamps is contained in Regulation 5 of the Road Vehicles Lighting Regulations 1989 and is in similar terms to the C and U exemption.