S.I. No. 422/2011 - European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th August, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), as amended by the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving further effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007¹ , to the Directives specified in Schedule 1 and, as regards their required administrative procedures, to the Regulations therein specified, in so far as those Directives apply to the type approval of motor vehicles and their trailers, components, systems and separate technical units specified in Directive 2007/46/EC1, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2011.

2. The European Communities (Road Vehicles: Type-Approval) Regulations 2009 ( S.I. No.158 of 2009 ) are amended—

(a) by the substitution of the following for 20(13)(b) and renumbering of existing subparagraphs

(13) A national small series certificate of conformity must be in the same format as that prescribed in Annex IX to the Framework Directive for an EC certificate of conformity relating to a vehicle of the same category and class containing such particulars as are relevant to the vehicle in respect of which it is issued, except that:

(a) the certificate must carry the heading “National Small Series Certificate of Conformity (Ireland)”;

(b) Side 1 is amended by the insertion of the following;

“0.11

(i) Speedometer: Metric only / metric and imperial

(ii) Does any dimension exceed the limits of 7.3 of Directive 97/27/EC as amended? yes/no”

(c) for each reference to an EC type-approval there must be substituted a reference to a national small series type approval, and

(d) for “EC type-approved”, in each place the expression occurs, there must be substituted “nationally type-approved”.

(b) by substituting for Schedule 1, as inserted by Regulation 2(b) of the European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2010, the following:

“SCHEDULE 1

ENTRY INTO SERVICE DIRECTIVES

1 Council Directive 70/157/EEC of 6 February 1970 on sound level and exhaust systems (O.J. L42 of 23.2.70, p.16 (S.E. 1970(1)))

Amended by

2 Council Directive 70/220/EEC of 20 March 1970 on air pollution by emissions from motor vehicles (O.J. L76 of 6.4.70, p.1 (S.E. 1970 (I)))

Amended by

including the administrative procedures required by

Parliament and Council Regulation 715/2007 of 20 June 2007 on the type approval of motor vehicles and their trailers with respect to emissions from light passenger and commercial vehicles (O.J. L171 of 29.6.2007, p.1)

Amended by

Corrigenda

OJ L 303, 8.11.1988, p. 36 (88/436/EEC)

OJ L 270, 19.9.1989, p. 16 (89/458/EEC)

OJ L 104, 21.4.1999, p. 31 (98/69/EC)

OJ L 104, 21.4.1999, p. 32 (98/69/EC)

OJ L 200, 31.7.2009, p.52 (595/2009)

3 Council Directive 70/221/EEC of 20 March 1970 on fuel tanks and rear protective devices (O.J. L76 of 6.4.70, p.23 (S.E. 1970 (I)))

Amended by

Corrigenda

OJ L 65, 15.3.1979, p. 42 (70/221/EEC)

OJ L188, 26.7.1979, p.54 (79/490/EEC)

OJ L 64, 6.3.2001, p. 39 (2000/8/EC)

4 Council Directive 70/222/EEC of 20 March 1970 on mounting and fixing of rear registration plates (O.J. L76 of 6.4.70, p.25 (S.E. 1970 (I)))

Amended by

5 Council Directive 70/311/EEC of 8 June 1970 on steering equipment (O.J. L133 of 18.6.70, p.10)

Amended by

6 Council Directive 70/387/EEC of 27 July 1970 on doors (O.J. L176 of 10.8.70, p.5 (S.E. 1970 (II)))

Amended by

Corrigenda

Consolidated text of corrigenda to instruments published in Special Edition 1952-72, p. 76 (70/387/EEC)

7 Council Directive 70/388/EEC of 27 July 1970 on audible warning devices (O.J. L176 of 10.8.70, p.12 (S.E. 1970 (II)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 77 (70/388)

OJ L 329, 25.11.1982, p. 31 (70/388)

8 Council Directive 71/320/EEC of 26 July 1971 on braking devices (O.J. L202 of 6.9.71, p.37 (S.E. 1971 (III)))

Amended by

Corrigenda

OJ L 999, 1.1.1973, p. 96 (71/320/EEC)

OJ L 247, 23.9.1975, p. 36 (75/524/EEC)

OJ L 275, 2.10.1991, p. 36 (91/422/EEC)

9 Council Directive 72/245/EEC of 20 June 1972 on suppression of radio interference (O.J. L152 of 6.7.72, p.15 (S.E. 1972 (II)))

Amended by

Corrigenda

OJ L 056, 2.3.2005, p. 35 (2004/104)

10 Council Directive 72/306/EEC of 2 August 1972 on emission of pollutants from diesel engines for use in motor vehicles (O.J. L190 of 20.8.72, p.1 (S.E. 1972 (III)))

Amended by

including the administrative procedures required by

Parliament and Council Regulation 715/2007 of 20 June 2007 on the type approval of motor vehicles and their trailers with respect to emissions from light passenger and commercial vehicles (O.J. L171 of 29.6.2007, p.1)

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (72/306/EEC)

OJ L 299, 23.11.1977, p. 27 (72/306/EEC)

OJ L200, 31.7.2009, p.52 (595/2009)

11 Council Directive 74/60/EEC of 17 December 1973 on certain interior fittings (O.J. L38 of 11.2.74, p.2)

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (74/60/EEC)

OJ L 53, 25.2.1977, p. 30 (74/60/EEC)

12 Council Directive 74/61/EEC of 17 December 1973 on anti-theft devices (O.J. L38 of 11.2.74, p.22)

Amended by

Corrigenda

OJ L 215, 6.8.1974, p. 20 (74/61)

OJ L 40, 13.2.1998, p. 19 (95/56)

13 Council Directive 74/297/EEC of 4 June 1974 on the behaviour of steering mechanisms in the event of impact (O.J. L165 of 20.6.74, p. 16)

Amended by

14 Council Directive 74/408/EEC of 22 July 1974 on strength of seats and their anchorages (O.J. L221 of 12.8.74, p.1)

Amended by

Corrigenda

OJ L 221, 31.8.1996, p. 71 (96/37/EC)

15 Council Directive 74/483/EEC of 17 September 1974 on external projections (O.J. L266 of 2.10.74, p.4)

Amended by

16 Council Directive 75/443/EEC of 26 June 1975 on reverse and speedometer equipment (O.J. L196 of 26.7.75, p.1)

Amended by

17 Council Directive 76/114/EEC of 18 December 1975 on location and attachment of statutory plates and inscriptions (O.J. L24 of 30.1.76, p.1)

Amended by

Corrigenda

OJ L 56, 4.3.1976, p. 38 (76/114)

OJ L 329, 25.11.1982, p. 31 (76/114)

18 Council Directive 76/115/EEC of 18 December 1975 on anchorages for safety belts (O.J. L24 of 30.1.76, p.6)

Amended by

19 Council Directive 76/756/EEC of 27 July 1976 on lighting and light signalling devices (O.J. L262 of 27.9.76, p.1)

Amended by

Corrigenda

OJ L 111, 30.4.1980, p. 22 (80/233/EEC)

OJ L 131.1.5.1984, p. 50 (84/8/EEC)

OJ L 135, 22.5.1984, p. 27 (84/8/EEC)

20 Council Directive 76/757/EEC of 27 July 1976 on reflex reflectors (O.J. L262 of 27.9.76, p. 32)

Amended by

21 Council Directive 76/758/EEC of 27 July 1976 on end outline marker lamps, side lamps, rear lamps and stop lamps (O.J. L262 of 27.9.76, p.54)

Amended by

22 Council Directive 76/759/EEC of 27 July 1976 on direction indicator lamps (O.J. L262 of 27.9.76, p.71)

Amended by

23 Council Directive 76/760/EEC of 27 July 1976 on rear registration plate lamps (O.J. L262 of 27.9.76, p.85)

Amended by

24 Council Directive 76/761/EEC of 27 July 1976 on headlamps and filament lamps for them (O.J. L262 of 27.9.76, p.96)

Amended by

25 Council Directive 76/762/EEC of 27 July 1976 on front fog lamps and filament lamps for them (O.J. L 262 of 27.9.76, p.122)

Amended by

26 Council Directive 77/389/EEC of 17 May 1977 on towing devices (O.J. L145 of 13.6.77, p.41)

Amended by

Corrigenda

O.J. L40 of 13.2.98, p. 19 (77/389)

27 Council Directive 77/538/EEC of 28 June 1977 on rear fog lamps (O.J. L220 of 29.8.77, p.60)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/538)

28 Council Directive 77/539/EEC of 28 June 1977 on reversing lamps (O.J. L220 of 29.8.77, p.72)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/539)

29 Council Directive 77/540/EEC of 28 June 1977 on parking lamps (O.J. L220 of 29.8.77, p.83)

Amended by

Corrigenda

OJ L 284, 10.10.1978, p. 11 (77/540)

30 Council Directive 77/541/EEC of 28 June 1977 on safety belts and restraint systems (O.J. L220 of 29.8.77, p.95)

Amended by

Corrigenda

OJ L 105, 26.4.2005, p. 5 (2000/3/EC)

31 Council Directive 77/649/EEC of 27 September 1977 on field of vision (O.J. L267 of 19.10.77, p.1)

Amended by

Corrigenda

OJ L 150, 6.6.1978, p. 6 (77/649/EEC)

32 Council Directive 78/316/EEC of 21 December 1977 on identification of controls, tell-tales and indicators (O.J. L81 of 28.3.78, p.3)

Amended by

33 Council Directive 78/318/EEC of 21 December 1977 on windscreen wiper and washer systems (O.J. L81 of 28.3.78, p.49)

Amended by

Corrigenda

OJ L 194, 19.7.1978, p. 30 (78/318)

34 Council Directive 78/549/EEC of 12 June 1978 on wheel guards (O.J. L168 of 26.6.78, p.45)

Amended by

35 Council Directive 78/932/EEC of 16 October 1978 on head restraints (O.J. L325 of 20.11.78, p.1)

Amended by

Corrigenda

OJ L 329, 25.11.1982, p. 31 (78/932)

36 Council Directive 80/1268/EEC of 16 December 1980 on fuel consumption of motor vehicles (O.J. L375 of 31.12.80, p.36)

Amended by

Corrigenda

OJ L 42, 15.2.1994, p. 27 (93/116/EC)

OJ L 163, 4.7.2000, p. 38 (1999/100/EC)

37 Council Directive 80/1269/EEC of 16 December 1980 on engine power of motor vehicles (O.J. L375 of 31.12.80, p.46)

Amended by

including the administrative procedures required by

Corrigenda

OJ L 105, 26.4.1988, p. 34 (88/195/EEC)

OJ L200, 31.7.2009, p.52 (595/2009)

38 Council Directive 89/297/EEC of 13 April 1989 on lateral protection (side guards) (O.J. L124 of 5.5.89, p.1)

39 Council Directive 91/226/EEC of 27 March 1991 on spray-suppression systems (O.J. L103 of 23.4.91, p.5)

Amended by

40 Council Directive 92/21/EEC of 31 March 1992 on masses and dimensions of certain motor vehicles (O.J. L129 of 14.5.92, p.1)

Amended by

Corrigenda

OJ L 14, 22.1.1993, p. 29 (92/21)

OJ L 252, 20.10.1995, p. 27 (95/48)

OJ L 304, 16.12.1995, p. 60 (95/48)

41 Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials (O.J. L129 of 14.5.92, p.11)

Amended by

42 Council Directive 92/23/EEC of 31 March 1992 on tyres (O.J. L129 of 14.5.92, p.95)

Amended by

43 Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices (O.J. L129 of 14.5.92, p.154)

Amended by

44 Council Directive 92/114/EEC of 17 December 1992 on external projections forward of the cab’s rear panel of motor vehicles of category N (O.J. L409 of 31.12.92, p.17)

45 Directive 94/20/EC of the European Parliament and of the Council of 30 May 1994 on mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles (O.J. L195 of 29.7.94, p.1)

Amended by

46 Directive 95/28/EC of the European Parliament and of the Council of 24 October 1995 on burning behaviour of materials used in the interior construction of certain categories of motor vehicles (O.J. L281 of 23.11.95, p.1)

Amended by

47 Directive 96/27/EC of 20 May 1996 on the protection of occupants of motor vehicles in the event of a side impact (OJ L 169, 8.7.1996)

Corrigenda

OJ L 102, 19.4.1997, p. 46 (96/27)

48 Directive 96/79/EC of the European Parliament and of the Council of 16 December 1996 on the protection of occupants of motor vehicles in the event of a frontal impact (O.J. L18 of 21.1.1997, p.1)

Amended by

Corrigenda

OJ L 83, 25.3.1997, p. 23 (96/79)

49 Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers (OJ L 233, 25.8.1997, p.1)

Amended by

Corrigenda

OJ L 125, 21.5.2003, p. 14 (2001/85/EC)

50 Directive 98/91/EC of the European Parliament and of the Council of 14December 1998 relating to motor vehicles and their trailers intended for the transport of dangerous goods by road (OJ L 11.1.1.1999, p.25)

51 Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (OJ L 203, 10.8.2000, p.9)

Amended by

52 Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001 on heating systems (O.J. L292 of 9.11.2001, p.21)

Amended by

53 Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 on buses and coaches (O.J. L42 of 13.2.2002, p.1)

Amended by

Corrigenda

OJ L 125, 21.5.2003, p. 14 (2001/85)

54 Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the type-approval of devices for indirect vision and of vehicles equipped with these devices (O.J. L25, 29.1.2004, p.1)

Amended by

55 Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on emission of gaseous and particulate pollutants from diesel or gas engines for use in vehicles (O.J. L275 of 20.10.2005, p.1)

Amended by

including the administrative procedures required by

Corrigenda

OJ L200, 31.7.2009, p.52 (595/2009)

56 Directive 2005/64/EC of the European Parliament and of the Council of 26October 2005 on reusability, recyclability and recoverability (O.J. L310 of 25.11.2005, p.10)

Amended by

57 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air-conditioning systems (O.J. L161 of 14.6.2006, p.12)

including the administrative procedures required by

”,

and

(c) by substituting for Schedule 3 the following:

“SCHEDULE 3

PART 1

Technical Specification and Technical Requirements for

National Small Series Type-Approval for

Category M Vehicles

(small series limit: for M1 is 75 vehicles per type per year; for M2 or M3 is 250 vehicles per type per year)

To enable representative testing the vehicle will be delivered in a presentable state and capable of being laden to maximum authorised weight.

A representative of the manufacturer must be present to enable access to all parts of the vehicle, to assist in explanation of features of that vehicle, and to cooperate in any testing.

Table 1. Requirement for minimum number of exits in each separate compartment

(a) This table may be used as an alternative to;

• Table 7.6.1.1 in Annex 1 of EC Directive 2001/85/EC

(b) and

• Table 7.6.1.1 in Annex 3 of UNECE Regulation 107.02

Note * Indicates where the requirement differs from the regulatory acts mentioned above

CHAPTER I

WHEELCHAIR ACCESSIBILITY REQUIREMENTS

Definitions;

1. In this Schedule;

“the 1976 Directive” means Council Directive 76/115/EEC (as amended) of 18 December 1975 on the approximation of the laws of the member states relating to anchorages for motor vehicle safety belts;

“the 1977 Directive” means Council Directive 77/541/EEC (as amended) of 28 June 1977 on the approximation of the laws of the member states relating to safety belts and restraint systems of motor vehicles;

“boarding lift” means a lift fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“boarding ramp” means a ramp fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated public service vehicle or its equipment which is required by these Regulations to contrast;

“dynamic test” means a test which complies with the requirements of paragraph 3(7);

“exit” means an exit from a regulated public service vehicle but does not include an exit which is provided for use only in case of emergency;

“gangway” means the space provided for obtaining access from any entrance to the passengers’ seats or from any such seat to an exit other than an emergency exit, but does not include a staircase or any space in front of a seat or row of seats which is required only for the use of passengers occupying the seat or row of seats;

“g” means 9.81 m/s2;

“kg” means kilogram(s);

“km/h” means kilometre(s) per hour;

“mm” means millimetre(s);

“m/s” means metre(s) per second and “m/s2” means metre(s) per second per second;

“N” means newton(s);

“optical device” means any system (including a mirror, closed circuit television and optical cable) which provides the driver of a regulated public service vehicle with a view of an area of the vehicle;

“portable ramp” means a ramp which is carried on a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“reference wheelchair” means an occupied wheelchair having the dimensions shown in diagram A of Part II to this Schedule;

“seat” means a seat intended for use by passengers and, accordingly, does not include the driver’s seat or any other seat intended to use solely by a crew member;

“static test” means a test which complies with the requirements of paragraph 3(5) and which applies the forces specified in paragraph 3(6);

“wheelchair restraint system” means a system which is designed to keep a wheelchair restrained within the wheelchair space;

“wheelchair user” means a disabled person using a wheelchair, and

“wheelchair user restraint” means a system which is designed to keep a wheelchair user restrained in the wheelchair.

Wheelchair spaces

2. (1) A regulated public service vehicle shall be fitted with not less than one wheelchair space.

(2) Any wheelchair space shall be fitted to the lower deck of a double-deck bus or double-deck coach.

(3) Any wheelchair space on a regulated public service vehicle—

(a) shall comply with the requirements of paragraph 3; or

(b) where the vehicle is adapted to carry standing passengers and is not fitted with any seat belts for passengers which are required to be fitted by regulation, may comply with the requirements of paragraph 4 as an alternative to the requirements of paragraph 3.

Forward-facing wheelchairs

3. (1) Any wheelchair space fitted to a regulated public service vehicle shall comply with the following requirements:

(a) a wheelchair space shall not be less than;

(i)1300mm measured in the longitudinal plane of the vehicle;

(ii)750mm measured in the transverse plane of the vehicle; and

(iii)1500mm measured vertically from any part of the floor of the wheelchair space;

(b) a wheelchair space shall allow the carriage of a wheelchair and a wheelchair user facing the front of the vehicle;

(c) a wheelchair space shall be fitted with a wheelchair restraint system suitable for general wheelchair application;

(d) a wheelchair space shall be fitted with a wheelchair user restraint system which shall comprise a minimum of two anchorage points and a pelvic restraint (lap belt) designed and constructed of components intended to perform in a similar manner to those of a seat belt conforming to the 1977 Directive;

(e) any wheelchair user restraint or wheelchair restraint system fitted to a wheelchair space shall be capable of being easily released in the case of an emergency;

(f) any wheelchair restraint system shall either—

(i) meet the dynamic test requirements described in sub-paragraph (7) and be securely attached to vehicle anchorages meeting the static test requirements in sub-paragraph (5); or

(ii) be securely attached to vehicle anchorages such that the combination of restraint and anchorages meets the requirements of sub-paragraph (7) when the anchorages comply with sub-paragraph (7)(d)(ii); and

(g) any wheelchair user restraint shall either—

(i) meet the test requirements described in sub-paragraph (8) and be securely attached to vehicle anchorages meeting the static test requirements in sub-paragraph (5); or

(ii) be securely attached to vehicle anchorages such that the combination of restraint and anchorages meets the test requirements described in sub-paragraph (8) when fitted to a representative section of the vehicle structure as described in sub-paragraph (5)(g).

(2) One or more seats which are capable of being tipped, folded or otherwise moved may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7 provided that the seat is capable of being easily moved out of the volume or out of the gangway. In the case of a single-deck or double-deck coach, this may include a seat which may be quickly dismantled or removed provided that the seat can be safely stowed.

(3) The clear space in front of any seat may lie within the volume specified in sub-paragraph (1) (a) or within the gangway specified in paragraph 7.

(4) There shall be a sign on or near a seat specified in sub-paragraphs (2) and (3) stating the following “Please give up this seat for a wheelchair user” or stating words of equivalent meaning.

(5) A static test shall be carried out on the anchorage points for both the wheelchair restraint system and the wheelchair user restraint in accordance with the following requirements—

(a) the forces specified in sub-paragraph (6) shall be applied by means of a device reproducing the geometry of the wheelchair restraint system;

(b) the forces specified in sub-paragraph (6) shall be applied by means of a device reproducing the geometry of the wheelchair user restraint and by means of a traction device specified in paragraph 5.3.4 of Annex 1 of the 1976 Directive;

(c) the forces in (a) and (b) above shall be applied simultaneously in the forward direction and at an angle of 10°±5° above the horizontal plane;

(d) the forces in (a) above shall be applied in the rearward direction and at an angle of 10°±5° above the horizontal plane;

(e) the forces shall be applied as rapidly as possible through the central vertical axis of the wheelchair space;

(f) the force shall be maintained for a period of not less than 0.2 seconds; and

(g) the test shall be carried out on a representative section of the vehicle structure together with any fitting provided in the vehicle which is likely to contribute to the strength or rigidity of the structure.

(6) The forces referred to in sub-paragraph (5) are—

(a) in the case of anchorages provided for a wheelchair restraint system fitted to a Category M2 vehicle—

(i)11100N applied in the longitudinal plane of the vehicle and towards the front of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space, and

(ii)5500N applied in the longitudinal plane of the vehicle and towards the rear of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space;

(b) in the case of anchorages provided for a wheelchair restraint system fitted to a Category M3 vehicle—

(i)7400N applied in the longitudinal plane of the vehicle and towards the front of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space, and

(ii)3700N applied in the longitudinal plane of the vehicle and towards the rear of the vehicle at a height of not less than 200mm and not more than 300mm measured vertically from the floor of the wheelchair space;

(c) in the case of anchorages provided for a wheelchair user restraint system, the forces shall be in accordance with the requirements of paragraph 5.4 of Annex 1 of the 1976 Directive;

References to M2 and M3 vehicles are references to vehicles of those categories as defined in Annex II (A) to the 1970 Directive.

(7) A wheelchair restraint system shall be subject to a dynamic test carried out in accordance with the following requirements—

(a) a representative wheelchair test trolley of mass 85kg shall, from a speed of between 48km/h to 50km/h to rest, be subject to a deceleration-time pulse in the forward direction which—

(i) exceeds 20g for a cumulative period of at least 0.015 seconds,

(ii) exceeds 15g for a cumulative period of at least 0.04 seconds,

(iii) is for an overall duration of at least 0.075 seconds and not more than 0.12 seconds,

(iv) shall not, for a duration of more than 0.08 seconds, be at 28g, and

(v) shall not exceed 28g;

(b) except as provided in (c) below, a representative wheelchair test trolley of mass 85kg shall, from a speed of between 48km/h to 50km/h to rest, be subject to a deceleration-time pulse in the rearward direction which

(i) exceeds 5g for a cumulative period of at least 0.015 seconds,

(ii) shall not, for a duration of more than 0.02 seconds, be at 8g, and

(iii) shall not exceed 8g;

(c) the test in (b) above shall not apply if the same restraints and direction of loading are used for the forward and rearward direction or if an equivalent test has been conducted;

(d) for the above tests the wheelchair restraint system shall be attached to either—

(i) anchorages fixed to the test rig which represents the geometry of the anchorages in a vehicle for which the restraint system is intended, or

(ii) anchorages forming part of a representative section of the vehicle for which the restraint system is intended, set up as described in sub-paragraph (5)(g).

(8) A wheelchair occupant restraint shall comply with the test requirements specified in paragraph 2.7.8.4 of Annex 1 of the 1977 Directive or an equivalent test to the deceleration-time pulse in paragraph (7)(a). A seat belt which has been type approved in accordance with the 1977 Directive, and so marked, shall be deemed to comply.

(9) A test in sub-paragraphs (5), (7) or (8) shall fail unless the following requirements are met—

(a) no part of the system shall have failed, or shall have become detached from its anchorage or from the vehicle during the test;

(b) mechanisms to release the wheelchair and user shall be capable of release after completion of the test;

(c) in the case of the test specified in sub-paragraph (7), the wheelchair shall not move more than 200mm in the longitudinal plane of the vehicle during the test; and

(d) no part of the system shall be deformed to such an extent after completion of the test that, because of sharp edges or other protrusions, the part is capable of causing injury.

Rearward-facing wheelchairs

4. (1) Any wheelchair space fitted to a regulated public service vehicle shall comply with the following requirements—

(a) a wheelchair space shall not be less than—

(i)1300mm measured in the longitudinal plane of the vehicle,

(ii)750mm measured in the transverse plane of the vehicle, and

(iii)1500mm measured vertically from any part of the floor of the wheelchair space;

(b) a wheelchair space shall allow the carriage of a wheelchair and a wheelchair user seated in the wheelchair and facing the rear of the vehicle;

(c) a wheelchair space shall be fitted with a backrest which shall—

(i) be fitted to the front end of the wheelchair space;

(ii) be positioned centrally with respect to the front end of the wheelchair space, and

(iii) be fitted with a padded surface facing the rear of the vehicle; and

(d) a wheelchair space shall be fitted with a horizontal handrail which shall—

(i) be fitted along not less than one of the longitudinal sides of the wheelchair space,

(ii) be at a height of not less than 850mm and not more than 1000mm measured vertically from the floor of the wheelchair space,

(iii) run continuously from a point not more than 300mm to the rear of the front end of the wheelchair space measured horizontally to a point not less than 1000mm to the rear of the front end of the wheelchair space measured horizontally,

(iv) not extend into the wheelchair space by more than 90mm measured horizontally from the edge of the wheelchair space,

(v) be capable of being easily and firmly gripped by a wheelchair user,

(vi) have a circular cross section with a diameter of not less than 30mm and not more than 35mm,

(vii) have clear space of not less than 45mm between any part of the vehicle and all parts of a handrail other than its mountings,

(viii) have a slip-resistant surface, and

(ix) contrast with the parts of the vehicle adjacent to the handrail.

(2) Any backrest fitted to a wheelchair space in accordance with sub-paragraph (1)(c) shall comply with the following requirements—

(a) the bottom edge of a backrest shall be at a height of not less than 350mm and not more than 480mm measured vertically from the floor of the wheelchair space;

(b) the top edge of a backrest shall be at a height of not less than 1300mm measured vertically from the floor of the wheelchair space;

(c) a backrest shall have a width of—

(i) not less than 270mm and not more than 420mm up to a height of 830mm measured vertically from the floor of the wheelchair space, and

(ii) not less than 270mm and not more than 300mm at heights exceeding 830mm measured vertically from the floor of the wheelchair space;

(d) a backrest shall be fitted at an angle of not less than 4° and not more than 8° to the vertical with the bottom edge of the backrest positioned closer to the rear of the vehicle than the top edge;

(e) the padded surface of a backrest shall form a single and continuous plane;

(f) the padded surface of a backrest shall pass through any point on an imaginary vertical plane situated to the rear of the front end of the wheelchair space and situated not less than 100mm and not more than 120mm from the front end of the wheelchair space measured horizontally and not less than 830mm and not more than 870mm from the floor of the wheelchair space measured vertically; and

(g) a backrest shall be capable of bearing a load of 2000N applied for a minimum of 2 seconds by means of a block 200mm x 200mm square in the longitudinal plane of the vehicle towards the front of the vehicle to the centre of the padded surface of the backrest at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space. The backrest shall not deflect more than 100mm or suffer permanent deformation or damage.

(3) In the lateral plane of the wheelchair space, a clear space of not less than 750mm shall be maintained and, in order to restrict the lateral movement of a reference wheelchair, there shall be a distance not greater than 900mm (measured in the lateral plane of the wheelchair space) between any two of the following adjacent means of support fitted on each side of the wheelchair space—

(a) a vertical stanchion situated to the rear of the front end of the wheelchair space and running continuously from the floor of the wheelchair space to a height of not less than 1500mm, which shall comply with the following requirements—

(i) the base of the stanchion shall be not less than 400mm and not more than 560mm from the front end of the wheelchair space measured horizontally, and

(ii) at heights exceeding 775mm measured vertically from the floor of the wheelchair space, the stanchion shall be not less than 540mm and not more than 560mm from the front end of the wheelchair space measured horizontally; or

(b) a retractable rail extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space; or

(c) a partition extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space; or

(d) the side wall, or equipment fitted to the side wall, of the vehicle extending continuously from a point not more than 200mm from the front end of the wheelchair space to a point not less than 540mm from the front end of the wheelchair space measured horizontally and at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space.

(4) Any stanchion, retractable rail, partition, or side wall (in this sub-paragraph referred to as “the device”) fitted to a regulated public service vehicle in accordance with sub-paragraph (3) shall be capable of bearing a load of 1000N applied for a minimum of 2 seconds by means of a block 200mm x 200mm in the transverse plane of the wheelchair space and applied to the centre of the device at a height of not less than 600mm and not more than 800mm measured vertically from the floor of the wheelchair space. The device should not deflect more than 50mm or suffer permanent deformation or damage.

(5) One or more seats which are capable of being tipped, folded or otherwise moved may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7 provided that the seat is capable of being easily moved out of the volume or out of the gangway.

(6) The clear space in front of any seat may lie within the volume specified in sub-paragraph (1)(a) or within the gangway specified in paragraph 7.

(7) There shall be a sign on or near a seat specified in sub-paragraphs (5) and (6) stating the following “Please give up this seat for a wheelchair user” or stating words of equivalent meaning.

(8) In this paragraph, the phrase “front end of a wheelchair space” means the end of a wheelchair space that is closer to the front of the regulated public service vehicle to which the wheelchair space is fitted.

Boarding lifts and ramps

5. (1) A regulated public service vehicle shall be fitted with not less than one boarding lift or one boarding ramp, or shall carry not less than one portable ramp.

(2) Any boarding lift or boarding ramp fitted in accordance with sub-paragraph (1) shall—

(a) have a safe working load of not less than 300kg;

(b) when subject to a uniformly distributed mass equal to 125 per cent of the safe working load for a period of not less than 10 seconds, not suffer any permanent deformation or damage when the load is removed;

(c) have its maximum safe working load marked in a position which is clearly visible to the operator of the lift or ramp; and

(d) not allow the vehicle in the normal course to be driven away unless the lift or ramp is at its normal position of vehicle travel.

(3) Any boarding ramp fitted to a regulated public service vehicle shall (subject to (d) below) comply with the following requirements—

(a) a boarding ramp shall have a surface of not less than 800mm in width;

(b) no part of the surface in sub-paragraph (3)(a), and no part of the vehicle, shall present an obstruction greater than 15mm in height measured along a plane parallel to, and above, the surface of the ramp, and in the direction of travel of a reference wheelchair when moved into or from the vehicle;

(c) with the vehicle on a flat surface, in the normal condition for a wheelchair user to board or alight, and with the boarding ramp extended and sitting on a kerb of 125mm in height measured vertically from and parallel to the ground, the surface of a boarding ramp shall have a slope measured over the surface referred to in sub-paragraph (3)(a) of not more than [8°] measured relative to the ground;

(d) notwithstanding (c) above, a boarding ramp may have—

(i) at the intersection of the surface of the kerb and the surface of the ramp described above, a slope not exceeding 15° relative to the ground over a distance of not more than 150mm (measured along the surface of the ramp and parallel to the direction of travel of a reference wheelchair when it is moved from the kerb and onto the ramp surface), and

(ii) at any other point a slope not exceeding 15° relative to the ground over a distance of not more than 150mm (measured along the surface of the ramp and parallel to the direction of travel of a reference wheelchair when it is moved into the vehicle) and rising to a height of not more than 15mm (measured above and parallel to the surface of the ramp or its sections);

(e) with the vehicle on a flat surface and in the normal condition for a wheelchair user to board or alight, the boarding ramp shall be capable of being extended to and of sitting on that surface and in this position the surface of a boarding ramp shall have a slope of not more than 20° measured over the surface referred to in sub-paragraph (3)(a);

(f) a boarding ramp shall be free of sharp edges or other protrusions capable of causing injury; and

(g) around and abutting each of the edges of a boarding ramp there shall be a band of colour of not less than 50mm in width which shall contrast with the remainder of the ramp surface.

(4) Any boarding lift fitted to a regulated public service vehicle shall comply with the following requirements—

(a) a boarding lift platform shall be not less than 750mm in width and not less than 1200mm in length (excluding the device specified in (b) below);

(b) unless a boarding lift platform is in the lowered position and resting on a surface from which a wheelchair user will board, the following shall apply—

(i) along any side of the lift platform from which a wheelchair user will move on to, or move from, the lift platform, a device of a height not less than 100mm measured vertically above the surface of the lift platform shall operate automatically as the lift is raised above the lowered position, except that when in the raised position for a wheelchair user to move from the lift platform to the floor of the vehicle, the device shall permit unobstructed access to the floor of the vehicle;

(ii) along any other side, there shall be a device or structure of a height not less than 25mm measured vertically above the surface of the lift platform; and

(iii) part of the vehicle structure may fulfil the requirements in (i) or (ii) above throughout the operating range of the lift provided that any gaps in the structure are unlikely to cause injury while the lift is in motion;

(c) the vertical operating speed of a boarding lift platform shall not exceed 0.15m/s;

(d) with the vehicle on a flat surface and in the normal condition for a wheelchair user to board or alight, the lift shall be capable of being lowered to and of sitting on that surface;

(e) where the vertical travel of the lift platform exceeds 500mm, at least one side of the lift platform shall be fitted with a handrail where—

(i) in the case of a handrail fitted to the lift platform, a secure horizontal handrail shall be provided at a height of not less than 650mm or more than 1100mm measured vertically from the surface of the lift platform; or

(ii) in the case of a handrail that does not move with the lift platform, a vertical handrail shall provide a grasping point at the same heights above the lift platform throughout the range of the vertical travel; and

(f) around and abutting each of the edges of a boarding lift there shall be a band of colour of not less than 50mm in width which shall contrast with the remainder of the lift surface.

(5) Any power-operated boarding lift or power-operated boarding ramp fitted to a regulated public service vehicle shall (subject to sub-paragraphs (6) to (9))—

(a) be capable of operation—

(i) by means of a control situated in the driver’s cab, or

(ii) by means of a control situated adjacent to the lift or ramp which shall only be capable of operation by means of a master control situated in the driver’s cab;

(b) produce an audible signal when in operation;

(c) be capable of being manually operated, or where the vehicle is fitted with more than one lift or ramp, not less than one lift or ramp capable of being manually operated shall be accessible to each wheelchair user;

(d) not be capable of operation when the vehicle is in motion;

(e) be fitted with a safety device which stops the movement of the ramp if the ramp is subject to a reactive force not exceeding 150N in any direction and if that motion could cause injury to a passenger; and

(f) be fitted with sensors capable of stopping the movement of the lift platform if it comes into contact with any thing or person whilst it is in motion and, once stopped, the lift platform must be capable of being reversed.

(6) Sub-paragraph (5)(f) shall not apply to a power-operated boarding lift which can only be operated by a control fitted in accordance with sub-paragraph (5)(a)(ii).

(7) As an alternative to the requirement in sub-paragraph (5)(c), a regulated public service vehicle may carry a portable ramp.

(8) This sub-paragraph applies where—

(a) a power-operated boarding lift is fitted to a regulated public service vehicle, and

(b) there are areas of that lift which are not visible to a person operating the lift.

(9) Where sub-paragraph (8) applies—

(a) the lift shall be fitted with a stop control which is within easy reach of any user of the lift and which is operable with the palm of the hand, and

(b) where the stop control is activated, the lift, once stopped, shall be capable of being reversed.

(10) Where a portable ramp is carried in a regulated public service vehicle the ramp shall—

(a) not easily be moved when it is in the normal position for a wheelchair user to board or alight from the vehicle and it is being so used;

(b) be provided with a stowage position in a position where it is readily available for use;

(c) be capable of being securely stowed in the stowing position so as to minimise the risk of injury to the passengers, the driver and any other crew members; and

(d) comply with the requirements in sub-paragraph (2)(a), (b) and (c) and (3) as if references to “boarding ramp” were references to “portable ramp”.

(11) In this paragraph “master control” means a control which enables another control to activate the relevant system, but which is not itself alone capable of activating that system.

Entrances and exits

6. (1) Any entrance or exit which is intended to provide access for a wheelchair user shall have a clear unobstructed width of not less than 800mm.

(2) Subject to sub-paragraph (3), where an entrance or exit which is intended to provide access for a wheelchair user is fitted with a power-operated boarding lift or a power-operated boarding ramp which is not within the direct field of vision of the driver—

(a) the entrance or exit shall be fitted with an optical device; and

(b) the optical device shall enable the driver to have a clear unobstructed view of the inside and outside of the door area and of the operation of the lift or ramp.

(3) Sub-paragraph (2) shall not apply to a power-operated boarding lift or a power-operated ramp which can only be operated by a control fitted in accordance with paragraph 5(5)(a)(ii).

Gangways

7. Any gangway between a wheelchair space and an entrance or exit intended to provide access for a wheelchair user—

(a) shall allow a reference wheelchair to be moved from an entrance to the wheelchair space and from the wheelchair space to an exit, with the wheelchair user moving in a forward facing direction, and to be moved (in either direction) from the gangway into the wheelchair space in the appropriate direction for travel;

(b) shall not be less than 750mm wide at any point along the gangway; and

(c) where a vehicle is fitted with more than one wheelchair space, the requirement in (a) above shall be met with any other wheelchair space occupied with a reference wheelchair.

Signs and markings

8. (1) A regulated public service vehicle shall have a sign conforming with diagram B in Part II of this Schedule, or a sign of equivalent meaning conforming to the dimensions in that diagram, which is;

(a) coloured white on a blue background,

(b) of dimensions of not less than 150mm by 150mm when fitted externally or of not less than 60mm by 60mm when fitted internally, and

(c) situated—

(i) on the exterior of the vehicle and adjacent to any entrance for a wheelchair user,

(ii) on the interior of the vehicle and adjacent to any exit for a wheelchair user, and

(iii) adjacent to any wheelchair space,

and in a position clearly visible to a wheelchair user.

(2) There shall be situated adjacent to a wheelchair space and in a position clearly visible to a wheelchair user—

(a) a sign indicating the direction that the wheelchair and the wheelchair user shall face during travel, and

(b) appropriate safety instructions explaining the use of the wheelchair space.

(3) Where a regulated public service vehicle is fitted with a wheelchair space for a forward facing wheelchair in accordance with the requirements of paragraph 3, instructions on the use of the wheelchair restraint system and wheelchair user restraint shall be situated in a position readily visible to any person using the system.

Communication devices

9. (1) A communication device shall be fitted to a regulated public service vehicle in the following positions—

(a) adjacent to a wheelchair space and in a position readily useable by any person who is using the wheelchair space, and

(b) on the exterior of the vehicle adjacent to any entrance for wheelchair access which is outside the direct view of the driver, except where that entrance is in the rear of the vehicle in which case the device shall be fitted on the rearmost part of the side face of the vehicle from which passengers will board the vehicle and at a height of not less than 850mm and not more than 1000mm measured vertically from the ground (with the vehicle at its minimum height if it is fitted with a kneeling system) to the centre of the device.

(2) Unless sub-paragraph (3) applies, any communication device fitted in accordance with sub-paragraph (1) shall comply with the following requirements—

(a) a communication device shall be operable by the palm of the hand;

(b) the surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and

(c) when operated, a communication device shall activate an audible signal which enables the driver to identify that a device fitted in accordance with sub-paragraph (1) has been activated, and where fitted in accordance with sub-paragraph (1)(a), after activating an audible signal may (on being operated subsequently) provide a visual signal which is visible to the driver until the opening of at least one of the exits.

(3) Where a regulated public service vehicle is required to comply with Schedule 2, any communication device fitted in accordance with sub-paragraph (1)(a) shall comply with the following requirements—

(a) a communication device shall be operable by the palm of the hand;

(b) the surround of the communication device shall contrast with the device and with the surface on which the surround is mounted; and

(c) when operated, a communication device—

(i) after activating an audible signal to the driver which enables the driver to identify that a device fitted in accordance with sub-paragraph (1)(a) or (b) has been activated, may (on being operated subsequently) provide a visual signal to the driver until the opening of at least one of the exits;

(ii) shall activate an audible signal which is audible in the passenger area; and

(iii) shall activate at least one illuminated stopping sign on each deck of the vehicle or, in the case of an articulated vehicle, on each section of that vehicle, which is or would be within the field of vision of the passengers seated on a majority of the seats on that deck or in that section.

(4) An illuminated stopping sign—

(a) shall not use only capital letters; and

(b) shall display illuminated the word “stopping” or a word or words to that effect immediately a communication device is activated and until at least one of the exits is open.

Lighting

10. (1) Lighting shall be fitted to illuminate the interior and exterior of a regulated public service vehicle sufficient to allow a wheelchair user to board and alight from the vehicle in safety.

(2) Any lighting fitted to a regulated public service vehicle in accordance with sub-paragraph (1) shall have a means of preventing its operation when the vehicle is in motion if its use is likely to affect adversely the driver’s vision.

Diagram A-Wheelchair Dimensions

Diagram B-Wheelchair Sign

CHAPTER II

GENERAL ACCESSIBILITY REQUIREMENTS FOR SINGLE-DECK AND DOUBLE-DECK BUSES (Class I)

Definitions

1. In this Schedule;

“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated public service vehicle or its equipment which is required by these Regulations to contrast;

“cushion” means that part of a seat on which a person using the seat sits, whether padded or not;

“deep” in relation to a step, means the distance from the outer edge of the nosing of the step tread to the riser of the step tread;

“doorway area” means that area which is within one metre of any entrance or exit measured horizontally from any point along the external edge of the door aperture;

“exit” means an exit from a regulated public service vehicle but does not include an exit which is provided for use only in case of emergency;

“external step” means the last step or platform from an entrance or an exit which leads directly from the vehicle to the ground;

“gangway” means the space provided for obtaining access from any entrance to the passengers’ seats or from any such seat to an exit other than an emergency exit, but does not include a staircase or any space in front of a seat or row of seats which is required only for the use of passengers occupying the seat or row of seats;

“km/h” means kilometre(s) per hour;

“kneeling system” means a system which enables the bodywork of a regulated public service vehicle to be lowered relative to its normal height of travel;

“mm” means millimetre(s);

“N” means newton(s);

“normal height of travel” means the height specified by the vehicle’s manufacturer for normal vehicle travel;

“priority entrance” means an entrance (not being an entrance fitted to the off-side of the vehicle) providing access to the priority floor area in accordance with paragraph 2(2)(b);

“priority exit” means an exit (not being an exit fitted to the off-side of the vehicle) providing access from the priority floor area in accordance with paragraph 2(2)(b);

“priority floor area” means a single continuous area of floor space comprising not less than 35% of the total floor area of a regulated public service vehicle;

“priority seat” means a seat designated as such in accordance with paragraph 3;

“seat” means a seat intended for use by passengers and, accordingly, does not include the driver’s seat or any other seat intended for use solely by a crew member; and

“total floor area” means the total floor area of a regulated [public] service vehicle, or in the case of a double-deck bus the total floor area of the vehicle’s lower deck, excluding the driver’s cab, wheelboxes, stepwells, internal staircases and any space designated for the storage of luggage.

Floor and gangways

2. (1) All floors within the total floor area of a regulated public service vehicle shall be slip-resistant.

(2) A regulated public service vehicle shall contain a priority floor area which shall—

(a) not contain steps;

(b) provide access to at least one priority entrance to, and one priority exit from, the vehicle or access to steps which lead to such entrances and exits;

(c) contain all priority seats specified in paragraph 3; and