Construction and Use of Vehicles

Question 1

What is construction and use legislation?

Answer 1

Relates to the maintenance of a vehicle to a roadworthy standard, and the circumstances in which it may create a danger to other road users.

The legislation is written in the form of regulations, notably the Road Vehicles (Construction and Use) Regulations 1986 and the Road Vehicles and Lighting Regulations 1989.

Question 2

When dealing with tyre offences it is important to record sufficient information so the specific tyre can be identified when presenting evidence.

What does this include?

Answer 2

Size 
Rating
Dimension
Description of defects
its Location on the vehicle

Question 3

When describing a tyres location on the vehicle, what system is used?

Answer 3

Front (F)
Rear (R)
Nearside (NR) - side closest to curb when driving on the left.
Offside (OS) - side further from the curb when driving on the left.

Question 4

Tyre at the front of the car on the driver’s side would be what location?

Answer 4

F/O/S

Question 5

195/50 R 15 92V

The side wall information above can be interpreted as…

Answer 5

• Section width is 195 mm (distance between outer edge of each sidewall under normal inflation).
• Aspect ratio is 50% (compares the height of the side wall with the section width).
• Letter R denotes that tyre has a radial construction (most tyres).
• 15 (wheel rim diameter in inches)
• 92 (load index)
• V (speed rating)

Question 6

Offences relating to tyre conditions.

Tyres must be…

Answer 6

In good condition

Suitable for the purpose for which they are being used.

Inflated to the correct pressure.

Question 7

Under what legislation should tyres not be in such a condition that they could cause damage to the road surface or persons?

Answer 7

Regulation 27(1)(h) of the Road Vehicle (Construction and Use) Regulations 1986.

Question 8

What types of tyre damage is not permitted?

Answer 8

• Cuts anywhere on the surface of the tyre, longer than 25 mm or 10% of the section width of the tyre (whichever is the greater), and also deep enough to reach the ply or cord.
• Lumps, bulges or tears.
• Exposed ply or cord.

Question 9

For private cars and vans (driving licence category B and Private Light Goods vehicles) and their trailers must have tread grooves of what depth?

Answer 9

At least 1.6 mm deep over the centre 3/4 tread width.

Question 10

For motorcycles, larger passenger vehicles and larger good vehicles, the tyres must have tread grooves of what depth?

Answer 10

At least 1.0 mm deep over the centre 3/4 tread width.

Question 11

What are the obligatory lights required for a vehicle?

Answer 11

Front of the car:

• Position lights (‘side lights’)
• Dipped and main beam headlights
• Direction indicators

Back of the car:

• Position lights (‘side lights’)
• Direction indicators
• Stop lights (brake lights)
• Fog lights
• Registration plate lamp
• Reflector (albeit not strictly a light)

A hazard warning signal device is also obligatory.

Question 12

Position lights must be present where…

Answer 12

All four corners of a vehicle, to indicate the vehicle’s presence and width to other road users.

The front are white, back are red.

Question 13

When are cars dipped lights not required?

Answer 13

With street lighting with a 30mph limit or less or if the fog lights are illuminated.

Question 14

Hazard warning lights should only be used when?

Answer 14

• When the vehicle is stationary, to alert other road users of an obstruction.
• When moving on a motorway or dual carriageway, to warn drivers behind of an obstruction ahead.
• By the driver of a bus when children under 16 are getting on or off, or to summon help.

Question 15

Are what times of the day must different lights be on?

Answer 15

Position lights (sidelights) must be used as soon as the sun sets and until the sun rises.

Dipped headlights should be used during hours of darkness (half hour after sunset, half hour before sunrise).

Question 16

What is the permitted rate of flash be for direction indicators?

Answer 16

Must be amber and flash between 60 and 120 times a minute.

Question 17

If the use of a vehicle or trailer involves danger or nuisance to other road users, this is an offence under s40A of the Road Traffic Act 1988, if the danger is due to…

Answer 17

• The condition of the motor vehicle or trailer (or of its accessories or equipment).
• The purpose for which it is used.
• The number of passengers carried by it or the manner in which they are carried.
• The weight, position, or distribution of its load or the manner in which it is secured.

Question 18

If the use of the vehicle causes nuisance but not danger, what regulation can be used?

Answer 18

Reg 100 of the Road Vehicle (Construction and Use) Regulations 1986.

Question 19

Poor maintenance and some associated offences

What are some of the offences under the Road Vehicles (Construction and Use) Regulations 1986 that relate to poor maintenance of a vehicle:

Answer 19

Reg 18: Braking systems must be well maintained and properly adjusted.

Reg 34: Wipers and washers must be maintained in efficient working order and be properly adjusted.

Reg 37: Horn must be fitted to any motor vehicle with a max speed of more than 20 mph.

Reg 54: Exhaust systems and silencers must be maintained in good working order, and not be altered to increase noise.

Reg 579A(1) to (4): Motorcycle exhausts must be the correct type and most comply with noise requirements.

Reg 61: Vehicle emissions must not contain any smoke, visible vapour, grit, sparks, ashes, cinders or oily substance that causes (or is likely to cause) damage to property, or injury or danger emissions.

Question 20

Incorrect use of a vehicle and some associated offences

There are many ways in which a vehicle can be used incorrectly under the Road Vehicles (Construction and Use) Regulations 1986. For example:

Answer 20

• Passenger numbers must not exceed the number that seats allow (reg 100(1) and (3)).
• The horn must not be used when the vehicle is stationary (reg 99) other than in an emergency with another vehicle, or when using a reversing or boarding aid alarm.
• Excessive engine noise from motor vehicles on roads must be avoided by the driver taking reasonable care (reg 97).

Question 21

When can horns not be used by moving vehicles?

Answer 21

Road Vehicles (Construction and Use) Regulations 1986.

(Reg 99) Horn must not be used on restricted roads between 2330 and 0700 hours.

Question 22

The regulations on stationary vehicles are covered under what legislation?

Answer 22

Road Vehicles (Construction and Use) Regulations 1986

Question 23

Regulations on stationary vehicles

Turning off your engine

Answer 23

Reg 98 of the Road Vehicles (Construction and Use) Regulations 1986

The engine must be turned off when the vehicle is stationary for any length of time to prevent noise or exhaust emissions. It is an offence to leave the engine running when stationary in a confined space with other vehicles.

Question 24

Regulations on stationary vehicles

What must be done when you stop and get out a car?

Answer 24

Reg 107 of the Road Vehicles (Construction and Use) Regulations 1986

Engine turned off and parking break applied UNLESS there is another person in the vehicle who is licensed to drive it.

Question 25

It is an offence under what legislation to drive or ride a motorcycle without helmets or other suitable protective headgear?

Answer 25

s 16 of the Road Traffic Act 1988 The design is regulated by the Motor Cycles (Protective Helmets) Regulations 1998. Helmet must have a market indicating compliance with the British Standard or equivalent EU standard. Must be securely fastened on and an additional strap under the jaw.

Question 26

Helmets are not required for some people in some circumstances, such as:

Answer 26

- A person using a ride on mower. - Sikhs who wear a turban on a two wheeled motorcycle. - Passengers in a side car; and - A person pushing a two-wheeled motorcycle on foot.

Question 27

Riders or drivers of three wheeled vehicles do not have to wear a helmet in what cases?

Answer 27

If the distance between any two wheels on the same axle (front or back) is at least 460mm.

Question 28

The requirements for the use of seatbelts depend on what? Where are these requirements provided?

Answer 28

Age of the person and where he/she is sitting. Provided in ss 14, 15, 15A and 15B of the Road Traffic Act 1988 The Motor Vehicles (Wearing of Seat Belts) Regulations 1993 The Motor Vehicles (Wearing of Seatbelts by Children in Front Seats) Regulations 1993 Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006

Question 29

Driver Front seat requirements? Rear sear requirements? Who is responsible?

Answer 29

Front seat must be worn if fitted. Not applicable Driver is responsible.

Question 30

Child under 3 Front seat requirements? Rear sear requirements? Who is responsible?

Answer 30

Correct child restraint must be used in front and back, if in taxi can go unrestrained. Driver is responsible.

Question 31

Child from 3rd birthday up to 1.35 m in height or 12th birthday (whatever is reached first) Front seat requirements? Rear sear requirements? Who is responsible?

Answer 31

Correct child restraint must be used in front and back, if in taxi and not available must wear seatbelt, Driver is responsible.

Question 32

Child aged 12 or 13 years OR child over 1.35m tall Front seat requirements? Rear sear requirements? Who is responsible?

Answer 32

Seat belt must be worn in front and back. Driver is responsible.

Question 33

Passengers over 14 Front seat requirements? Rear sear requirements? Who is responsible?

Answer 33

Seat belt must be worn in front and back. Passenger is responsible.

Question 34

In some situations, a seatbelt does not have to be worn, such as:

Answer 34

- Delivery driver or collections where distance between stops is less than 50m. - A driver reversing a vehicle, or supervising a learner driver who is reversing a vehicle. - Examiner conducting driving test, if dangerous to wear. - People in police vehicles (e.g under arrest) - Taxi drivers while plying for hire - People taking part in processions for the Crown - Medically exempt people - Disabled people wearing disabled belt - Vehicle is driven under trade excise licence - Where seatbelt is an inertia type which is locked as a result of being on a steep incline.

Question 35

Loads must not exceed what?

Answer 35

Weight of load must not cause the gross vehicle/ axle indicated on the vehicle to be exceeded.

Question 36

A load is considered abnormal if:

Answer 36

Total weight exceeds 44,000 kg Axle load for single driving axle exceeds 11,500 kg Axle load for single non-driving axle exceeds 10,000 kg The width of the vehicle and its load exceeds 2.9 m The length of the vehicle and its load exceeds 18.65 m

Question 37

The carriage of hazardous goods on the roads is regulated by what?

Answer 37

A European agreement, the International Carriage of Dangerous Goods by Road (ADR). Drivers must hold the correct ADR certificate for the specific goods carried. Hazchem information sign must be displayed also.

Question 38

What is one of the key controls imposed on the drivers of commercial vehicles?

Answer 38

Driving hours, rest periods and breaks. All commercial vehicle operators are obliged to record driver hours and number of drivers of each vehicle (information retained for 2 years).

Question 39

What are the two types of rules for commercial drivers?

Answer 39

GB rules and EU rules

Question 40

What are the 'GB rules' for commercial drivers?

Answer 40

Apply for goods vehicles under 3.5 tonnes, for passenger vehicles with eight or fewer seats and for any regular passenger services of less than 50 km. Driving time must not exceed 10 hours (11 hours for duty time ie time at work)

Question 41

What are the 'EU rules' for commercial drivers? Rest periods?

Answer 41

Apply for goods vehicles over 3.5 tonnes, for passenger vehicles with nine or more seats on any type of journey in the EU, except for regular passenger services of less than 50 km. Driver must not generally drive more than 9 hours total in a day. This can be extended to 10 hours on two occasions each week. The weekly total must not exceed 56 hours, and two weeks must not total more than 90 hours. Rest - Driver must have a 45 minute break every 4.5 hours of driving. - Daily rest of at least 11 hours (can be reduced to 9 hours three occasions in two weeks). - A weekly rest of at least 45 continuous hours after 6 consecutive 24 hours periods of working.