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Page 89
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riving mirrors the new law
F NEW traffic laws are carefully analysed, one can usually e their purpose. They are generally aimed at promoting road fety, regulating traffic, collecting revenue, ensuring that e general public are not inconvenienced or have some other imilar and worthwhile purpose. , Regulation 23A of the Motor Vehicles (Construction and Use) egulations 1973, which was added to the regulations by the otor Vehicles (Construction and Use) (Amendment) Regulations 977, concerns driving mirrors, and it seems a totally unnecessary iece of legislation as the existing law appears totally adequate. The only reason one can see for it being passed is to comply with EC directives. However, whatever the reason, the new law is with s and it will have to be complied with.
The amended law only applies to new vehicles, so let us look first f all at the old law and consider the amendments later. Summarised, the requirements for the older vehicles are on all oods vehicles, dual purpose vehicles and passenger vehicles dapted to carry more than seven passengers exclusive of the river, two mirrors are required, one externally on the off side and he other internally or externally on the near side, to allow the driver o become aware of traffic to the rear and on Both sides rearards.
The latter requirement precludes the use of an internal mirror on II vehicles, except perhaps dual purpose vehicles with windows all ound, or such vehicles as pick-up trucks with a very large rear indow to the cab so that the internal mirror, together with the off ide external one, can provide the view "to both sides rearwards" as equired by the regulation.
All other vehicles, except motor cycles and one or two other types f vehicles such as land locomotives unlikely to be operated by eaders of CM, have to have one mirror and this mirror may be fitted nternally or externally.
On vehicles first registered on or after April 1, 1 969, the edges of nternal mirrors must be surrounded by some material which will ender the edges of the glass unlikely to cause severe cuts if a assenger in the vehicle were thrown against them.
So much for the old regulations. The new ones apply to the 'ollowing vehicles: VEHICLE MANUFACTURED FIRST USED ON OR AFTER ON OR AFTER rwo-wheeled motorcycles April 1, 1978 October 1, 1978 :ord Transit January 10, 1978 July 10, 1978 Every other type December 1, 1977 June 1, 1978 I wonder why there are three different dates on which the egulations become operative and why the Ford Transit is particuarly dealt with?
The following vehicles are defined in Regulation 23A as "ex:epted vehicles, "' which need not comply with the new regulations: i) a two-wheeled motorcycle with or without a sidecar; ii) a motor vehicle drawing a trailer if a person is carried on the trailer who is provided with efficient means of communicating with the driver: iii) a works truck if the driver can get a good view to the rear; iv) a pedestrian controlled vehicle; v) a motor vehicle chassis being delivered from the place where it has been manufactured to a place where it is to be fitted with a body. Under the new regulations motor tractors, locomotives, works trucks and vehicles with a design speed of less than 16mph must be fitted with one exterior mirror on the offside of the vehicle, providing they do not fall within one of the categories discussed in the following paragraph, when they will have to comply with the requirements set out there.
Passenger, goods and dual-purpose vehicles which are not of the type set out in the previous paragraph must be equipped with an exterior mirror on the off side of the vehicle and an interior mirror. Where the interior mirror does not afford an adequate view to the rear, a near side external mirror must be fitted. Where an interior mirror would provide no view to the rear, such a mirror need not be fitted.
It would seem that if some view: to the rear can be obtained through an internal mirror, but that view is not adequate, three mirrors must be fitted: one on the offside, one on the nearside and an interior mirror. If an interior mirror is completely useless because no view at all can be obtained, it may be dispensed with.
Rear view mirrors to comply with Regulation 23A must be marked with the marking designated by Schedule 4 of the Motor Vehicles (Designation of Approval Marks) Regulations 1976, that is Mirrors must be fitted in such a way that they remain steady under normal driving conditions. Exterior mirrors must be visible to the driver either through a side window or through the portion of the, windscreen that is swept by the windscreen wiper.
Where the bottom edge of an exterior mirror is less than two metres above the road surface when the vehicle is laden, that mirror must not project more than 20 centimetres beyond the overall width of the vehicle or, if a trailer is being drawn, more than that amount beyond the overall width of the trailer. Interior mirrors must be capable of being adjusted by the driver when he is sitting in his driving position.
Except in the case of a spring back mirror, mirrors on the driver's side of the vehicle must be capable of being adjusted by the driver when he is in the driver's seat, but this requirement shall not prevent such a mirror from being locked in position from the outside of the vehicle.. Vehicles having a technically permissible maximum weight exceeding 3.5 metric tons are required to be fitted with Class II mirrors, and for other vehicles either Class II or Class III mirrors as mentioned in Annex 1 to Council Directive 71 / 127 / EEC are required.
The provision that external mirrors fitted to the driver's side of the vehicle must be capable of being adjusted by the driver may cause some difficulty. Wing mirrors as fitted to many motor cars and light vans will not comply with the regulations because they are out of reach of the driver and, therefore, incapable of being adjusted by him.
In future, unless some remote control of the adjustment is provided, which seems unlikely, mirrors will have to be mounted on the door pillar or on the door itself so as to be within the reach of the driver for adjustment purposes.
In Mawdsley v Walter Cox (Transport) Ltd (1966) 1 WLR63, a lorry was carrying a plastic swimming pool which obscured the driving mirrors. On appeal it was decided that in such cases the vehicle must be considered to be in its unloaded state, so no offence was committed.