ROAD TRAFFIC Citation and Commencement 1 These Regulations may be cited as the Use of Invalid Carriages on Highways Regulations 1988 and shall come into force on 30th January 1989. Revocation and saving 2 1 Subject to paragraph (2), the Use of Invalid Carriages on Highways Regulations 1970 (“the 1970 Regulations ”) are hereby revoked. 2 Nothing in these Regulations shall apply to invalid carriages manufactured before 30th January 1989, and the 1970 Regulations shall continue to apply to such invalid carriages as if these Regulations had not been made. Interpretation 3 In these Regulations— the “ 1970 Act ” means the Chronically Sick and Disabled Persons Act 1970; the “ 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ; a “Class 1 invalid carriage” means an invalid carriage which is not mechanically propelled; a “Class 2 invalid carriage” means a mechanically propelled invalid carriage which is so constructed or adapted as to be incapable of exceeding a speed of 4 miles per hour on the level under its own power; a “Class 3 invalid carriage” means a mechanically propelled invalid carriage which is so constructed or adapted as to be capable of exceeding a speed of 4 miles per hour but incapable of exceeding a speed of 8 miles per hour on the level under its own power; “horn” has the meaning given by regulation 37(10)(a) of the 1986 Regulations; “reversing alarm” has the meaning given by regulation 37(10)(c) of the 1986 Regulations; “road” has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984 ; “two-tone horn” has the meaning given by regulation 37(10)(d) of the 1986 Regulations. Prescribed conditions for purposes of section 20(1) of the 1970 Act 4 The conditions in accordance with which an invalid carriage must be used, in order that the modifications of the statutory provisions mentioned in subsection (1) of section 20 of the 1970 Act shall have effect in the case of the invalid carriage (being modifications of certain statutory provisions which relate to the use of vehicles on footways and roads) shall be— a in the case of Class 1, Class 2 and Class 3 invalid carriages that the invalid carriage must be used— i by a person falling within a class of persons for whose use it was constructed or adapted, being a person suffering from some physical defect or physical disability; ii by some other person for the purposes only of taking the invalid carriage to or bringing it away from any place where work of maintenance or repair is to be or has been carried out to the invalid carriage; iii by a manufacturer for the purposes only of testing or demonstrating the invalid carriage; iv by a person offering to sell the invalid carriage for the purpose only of demonstrating it; or v by a person giving practical training in the use of the invalid carriage for that purpose only; b in the case of Class 1, Class 2 and Class 3 invalid carriages, that any horn fitted to it must not be sounded in the circumstances set out in regulation 5; c in the case of Class 3 invalid carriages only— i that the invalid carriage must not be used by a person who is aged under 14 years; ii that, when being used on a footway, the invalid carriage must not be driven at a speed greater than 4 miles per hour; iii that the invalid carriage must not be used on a footway unless the device fitted in accordance with regulation 10(1)(a) is operating; and iv that the invalid carriage must not be used at any time unless the speed indicator fitted to it in accordance with regulation 10(1)(b) is operating. 5 The circumstances referred to in regulation 4(b) are that the invalid carriage is either— a stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or b in motion on a road which is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 between 23.30 hours and 07.00 hours in the following morning. Prescribed requirements for purposes of section 20(1) of the 1970 Act 6 The requirements with which an invalid carriage must comply in order that the modifications of the statutory provisions mentioned in subsection (1) of section 20 of the 1970 Act shall have effect in the case of the invalid carriage (being modifications of certain statutory provisions which relate to the use of vehicles on footways and roads) shall be— a that it shall be a Class 1, Class 2 or Class 3 invalid carriage; and b the requirements specified in regulations 7 to 14. Unladen weight 7 1 Subject to paragraph (2), the unladen weight of an invalid carriage must not exceed — a in the case of a Class 1 or Class 2 invalid carriage, 113.4 kilograms; and b in the case of a Class 3 invalid carriage, 150 kilograms. 2 The unladen weight of an invalid carriage which satisfies the conditions in paragraph (3) must not exceed 200 kilograms. 3 The conditions are that — a the invalid carriage includes necessary user equipment; and b the unladen weight of the invalid carriage, excluding the weight of necessary user equipment, does not exceed the weight limit for its Class as set out in paragraph (1). 4 In this regulation — a “necessary user equipment” means equipment that — i forms part of, or is attached to, the invalid carriage upon construction or adaptation; and ii is necessary for the specific clinical, postural, hygienic, caring or nursing requirement of the usual user. b “unladen weight” means the weight of the invalid carriage — i inclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for propulsion of the invalid carriage, loose tools, and any necessary user equipment; but ii exclusive of any other load and the weight of the person carried by the invalid carriage. Means of stopping 8 1 A Class 2 or Class 3 invalid carriage shall be so constructed and maintained that it meets the requirements set out in paragraphs (2) to (4). 2 The invalid carriage shall be capable of being brought to rest in all conditions of use with reasonable directional stability and within a reasonable distance. 3 When the invalid carriage is not being propelled or is left unattended it shall be capable of being held stationary indefinitely in all conditions of use on a gradient of at least 1 in 5. 4 The requirements of paragraphs (2) and (3) shall not be regarded as met unless the necessary braking effect can be achieved by the appropriate use— a of the invalid carriage’s propulsion unit or transmission gear or of both the propulsion unit and transmission gear; b of a separate system fitted to the vehicle (which may be a system which operates upon the propulsion unit or transmission gear); or c of a combination of the means of achieving a braking effect referred to in sub-paragraphs (a) and (b); and in the case of paragraph (3) without depending upon any hydraulic or pneumatic device or on the flow of electrical current. Lighting 9 A Class 2 or Class 3 invalid carriage when on the carriageway of any road shall comply with the requirements specified in the Road Vehicles Lighting Regulations 1984 as if it was a motor vehicle within the meaning of the Road Traffic Act 1972 and as if any reference to an invalid carriage in those Regulations included an invalid carriage within the meaning of the 1970 Act. Speed device and speed indicator 10 1 A Class 3 invalid carriage shall be fitted with— a a device which is capable of limiting the maximum speed of the invalid carriage to 4 miles per hour on the level under its own power and which can be put into operation by the user; and b a speed indicator. 2 A speed indicator fitted in accordance with this regulation shall be kept free from any obstruction which might prevent it being easily seen by the user of the invalid carriage and shall be maintained in efficient working order. 3 In this regulation, “speed indicator” means a device fitted to an invalid carriage for the purpose of indicating to the user of the invalid carriage whether the device referred to in paragraph (1)(a) is in operation. Width 11 The overall width of a Class 3 invalid carriage shall not exceed 0.85 metres. Audible Warning Instrument 12 1 A Class 3 invalid carriage shall be fitted with a horn, not being a reversing alarm or a two-tone horn. 2 The sound emitted by any horn fitted to an invalid carriage shall be continuous and uniform and not strident. Vision 13 1 A Class 2 or Class 3 invalid carriage shall be so constructed that the user of the invalid carriage can at all times have a full view of the road and traffic ahead when controlling the invalid carriage. 2 Any windscreen or window fitted to a Class 2 or Class 3 invalid carriage shall be made of safety glass or safety glazing and shall be maintained in such condition that it does not obscure the vision of the user of the invalid carriage while the invalid carriage is being driven. 3 In this regulation— “safety glass” means glass so manufactured or treated that if fractured it does not fly into fragments likely to cause severe cuts; and “safety glazing” means material other than glass so manufactured or treated that if fractured it does not fly into fragments likely to cause severe cuts. Rear view mirrors 14 1 A Class 3 invalid carriage shall be fitted either internally or externally with a rear view mirror. 2 Any rear view mirror fitted to an invalid carriage shall be so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts. 3 In this regulation “rear view mirror” means a mirror to assist the user of the invalid carriage to become aware of traffic to the rear of the invalid carriage. Signed by authority of the Secretary of State Peter Bottomley Parliamentary Under Secretary of State, Department of Transport 21st December 1988