Guidance

Prototype road vehicles: construction requirements

Updated 24 September 2015

General requirements

In normal circumstances, all vehicles used on the public road have to comply with the ‘Road vehicles (construction and use) regulations 1986’ (known as C&U), ‘Road vehicles authorised weight regulations 1998’ and ‘Road vehicles lighting regulations 1989’ (RVLR)’. However certain exemptions are available for vehicles which are prototypes or which contain prototype equipment.

Often vehicle or equipment manufacturers, when testing a new product, may wish to use prototype vehicles or equipment on the public road that does not comply with regulations. This could be a newly registered prototype vehicle or a previously registered vehicle that has been modified with new equipment.

Manufacturers in this position should consult articles 36 and 37 (which refer to schedule 11) of the Road vehicles (authorisation of special types) (general) order 2003, statutory instrument 2003 No. 1998.

Under this order, certain exemptions from C&U and RVLR are available for vehicles of the following description:

Motor vehicles and trailers which are new or improved types constructed for tests or trials, or which are equipped with new or improved equipment or types of equipment.

The exemptions only apply in the following circumstances:

1. testing
2. demonstration
3. proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul

In other words, if manufacturers are testing new models of vehicle before they are put on sale, or new equipment is being tested in current vehicles, then the law allows certain exemptions from the normal construction requirements.

Construction and use

The C&U requirements which apply to such vehicles are listed below - all other C&U requirements do not apply, although the vehicle is still required to be a in a safe condition, under regulation 100.

The C&U regulations that need to be met by prototypes, are:

Applicable regulations	Subject
10	Indication of overall travelling height
16[footnote 1]	Braking systems
18(1)	Maintenance and efficiency of brakes
20	General requirement as to wheels and tracks
26	Mixing of tyres
27	Condition and maintenance of tyres
29	Maintenance of steering gear
30	View to the front
34	Windscreen wipers and washers
37	Audible warning instruments
53	Mascots
54	Silencers general
61	Emissions
62	Closets
81, 82[footnote 1]	Restrictions on use of vehicles carrying wide or long loads
83	Number of trailers
84	Trailers drawn by motor cycles
86	Distance between motor vehicles and trailers
89	Leaving trailers at rest
90	Passengers in trailers
92	Attachment of sidecars
97	Avoidance of excessive noise
98	Stopping of engine when stationary
99	Use of audible warning instruments
100	Maintenance and use of vehicles so as not to cause danger
101	Parking in darkness
102	Passengers on motor-cycles
103	Obstruction
104	Driver’s control
105	Opening of doors
106	Reversing
107	Leaving motor vehicle unattended
108	I Securing of suspended implements
109	Television sets

Authorised weight regulations

The Authorised weight regulations apply in their entirety to prototype vehicles. A prototype is not allowed to exceed the legal axle or vehicle weight limits.

Lighting regulations

The lighting requirements and exemptions are outlined below.

The lighting requirements that must still be met are regulation:

1. 11 of RVLR (the colour of light shown by lamps and reflectors, i.e. red light to rear and not to the front)
2. 13 (lamps to show steady light)
3. 16 (blue warning beacons may only be fitted to emergency vehicles)
4. 17 (mandatory amber beacon for slow vehicles on dual carriageways)
5. 18 (obligatory lamps^{[footnote 2]})
6. 19 (no obscuration of key lamps when stationary, with movable parts open, e.g. doors)
7. 21 (projecting loads and equipment)
8. 22 onwards (side marker lamps^{[footnote 3]} and all Use and Maintenance requirements)

The requirements that do not apply to prototypes, are:

1. regulation 12 (no movement of lamps)
2. regulation 14 (E-marking of filament bulbs required)
3. regulation 15 (electrical connections: all position, end outline and side marker lamps must come on together)
4. regulation 20 ( requirements to be met by optional lamps)
5. certain parts of Regulation 18 (obligatory lamps) - see above

Exceptions in special cases

If the vehicle can not comply with the construction regulations above, even after investing time and effort, then in exceptional cases the Department for Transport (DfT) may still allow the vehicle onto the road. The manufacturer of the vehicle must make a reasoned case for exemption from the regulations that he can not comply with and apply to the Vehicle Certification Agency (VCA) in order to be considered for a vehicle special order under section 44 of the Road Traffic Act 1988. This would be signed by an officer on behalf of the Secretary of State and would authorise use of a specific vehicle (identified by VIN and registration number) not complying with specified regulations.

The information in this document is a summary of the department’s understanding of what the law requires. However, ultimately the interpretation of the law is a matter for the courts based on individual facts of any particular case. You are therefore advised to consult the relevant legislation and, if necessary, seek independent advice.

Legal information

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Footnotes

1. Regulations 16 and 82 apply with the modifications in paragraph 9 of Schedule 11 ↩ ↩²

2. Regulation 18 contains the requirements for obligatory lamps and is applicable to prototypes - but with some relaxations, the main ones being:

   1. No requirement for approval (‘E-‘) markings on lamps.
   2. No requirement to meet the angles of visibility.
   3. A 5% tolerance on positioning dimensions is allowed.

   ↩

3. Regulation 22 requirements for side marker lamps are modified by points 1-3 above ↩