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Page 39
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by Les Oldridge, AMIRTE, MIMI
The Construction and Use Regulations (2)
LAST WEEK I discussed Regulation 3 of the C and U Regulations which defines the various terms used in the Regulations. Following this part is a list of exemptions for various vehicles to certain requirements of the text. Generally speaking, these exemptions are for the odd vehicles or those used in special circumstances but it is well worth studying this part of the Regulations when considering a particular case in order to decide whether or not advantage can be taken of any concessions contained therein.
Part II of the Regulations is concerned with the construction, weight and equipment of motor vehicles and trailers and starts by laying down the rule that every motorcycle and invalid carriage must be a wheeled vehicle and every other type of vehicle must be either wheeled or track-laying. This seems so obvious that at first glance it would seem an unnecessary statement to make but on reflection one realizes that someone may want to use a trailer with runners like a sledge — an obvious offence against this Regulation.
Overall length Regulation 7 deals with the overall length of vehicles. Articulated vehicles must not exceed 15 metres (49ft. 2.6in). Articulated vehicles constructed and norntally used for the conveyance of indivisible loads of exceptional length are not subjected to this restriction provided all the wheels are fitted with pneumatic tyres or if not fitted with these tyres they never exceed a speed of 12 mph.
This is one of the occasions when we should consult the interpretation section of the Regulations I discussed last week, to find out the precise meaning of "indivisible load". It is defined therein as a load which cannot without undue expense or risk of damage be divided into two or more loads for the purpose of conveyance on a road. If a trailer is to take advantage of this length concession it must be "normally used" for the carriage of long loads.
It was held in Peak Trailers and Chassis Ltd v Jackson (1967) IWL12 285 that where a vehicle was used for carrying indivisible loads of exceptional length on all but 46 out of 177 journeys the vehicle was not "normally" used for this purpose. From this case it is evident that the • word "normal" must be given its ordinary dictionary meaning of "usual" or "regular".
The same Regulation limits the length of public service vehicles to 12 metres (39ft 4fin.) and all other motor vehicles, not falling into one of the classes already discussed, to 11 metres (36ft lin.).
Again looking to the interpretation section one finds that when calculating the overall length of a vehicle any driving mirror, starting handle, any hood when down, any expanding or extensible contrivance forming part of a turntable fire escape, telescopic fog lamp, snow plough fitted to the front of a vehicle, post office letter box not exceeding I2in. and a Customs clearance seal can be excluded. Account must be taken of any device or receptacle which increases the carrying capacity of the vehicle unless: (a) it is a tailboard which is let down while the vehicle is stationary in order to facilitate its loading or unloading; (b) it is a tailboard which is let down in order to facilitate the carriage of, but which is not essential to the support of, loads which are themselves so long as to extend at least as far as the tailboard when in the upright position; (c) it is a receptacle which is lifted on or off vehicles with goods or burden contained therein and from time to time actually used for that purpose in the ordinary course of business.
Overall height Regulation 10, which restricts the height of public service vehicles to 15ft, is the only legislation which limits the height of vehicles.
Variation of wheel load All motor vehicles and trailers with more than four wheels and semi-trailers with more than two wheels forming part of an artic must be fitted with compensating arrangements to ensure that all the wheels remain in contact with the road surface under the most adverse conditions and will not be subject to abnormal variations of load. The commercial vehicle engineer will be familiar with the sometimes quite elaborate arrangements for suspension units on bogies to meet these requirements. Incidentally, this Regulation does not apply to any steerable wheel of a motor vehicle carrying a load of less than 3 tons. .
Springs All motor vehicles and trailers must be fitted with springs with the exception of several types of vehicles as explained in Regulation 10. Among the exempted vehicles are the following which may be of particular interest to the commercial vehicle operator: motor tractors not exceeding 4 tons ulm and fitted with pneumatic tyres; mobile cranes; works trucks and works trailers; vehicles under 4 tons ulm designed for and mainly used on rough ground and fitted with pneumatic tyres which are not driven at a speed exceeding 20 mph and any broken-down vehicle being towed by a motor vehicle in consequence of the breakdown.