CONSUMER PROTECTION Citation and commencement 1 1 These Regulations may be cited as the Road Vehicles (Brake Linings Safety Regulations 1999. 2 This regulation and regulations 2, 3 and 7 shall come into force on 24th November 1999 and the remaining provisions of these Regulations on 31st March 2001. Interpretation 2 1 In these Regulations— “the 1987 Act ” means the Consumer Protection Act 1987; “brake lining” means the friction material component of a brake lining assembly; “brake lining assembly” means a component of a friction brake which is pressed against a drum or disc to produce the friction force; “the Braking Devices Directive ” means Council Directive 71/320/ EEC as amended by Commission Directive 98/12/ EC ; “ ECE Regulation 90 ” means Regulation 90 containing uniform provisions concerning the approval of replacement brake lining assemblies for power-driven vehicles and their trailers which came into force on 1st November 1992 as an Annex to the UNECE Agreement ; “ ECE Regulation 90.01 ” means ECE Regulation 90 as amended by the 01 series of amendments on 18th September 1994; “the Framework Directive ” means Council Directive 70/156/EEC as amended by Council Directive 92/53/EEC ; “relevant vehicle” means a vehicle which falls within vehicle category M 1 M 2 or N 1 of the categories specified in Annex II of the Framework Directive and has a maximum mass not exceeding 3.5 tonnes; “the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963; and “vehicle” means a vehicle which is to be treated as a motor vehicle or trailer for the purposes of the Road Traffic Act 1988 or the Road Traffic (Northern Ireland) Order 1995 . 2 For the purposes of these Regulations the date on which a vehicle is first used shall be determined in accordance with regulation 3(3) of the Road Vehicles (Construction and Use) Regulations 1986 or regulation 2(4) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989 . Prohibition of the supply or fitting of brake linings containing asbestos 3 1 Subject to paragraph (2), no person shall— a supply or offer or agree to supply for fitting to a vehicle; b expose or possess for supply for fitting to a vehicle; or c fit to a vehicle, brake linings which contain asbestos. 2 Nothing in paragraph (1) shall apply in relation to replacement brake linings— a for fitting to a vehicle which was first used before 1st January 1973 provided that the linings are clearly marked, or are contained in packaging clearly marked, “ILLEGAL TO FIT TO POST-1972 VEHICLES”; or b for fitting to any vehicle— i owned by the Secretary of State for Defence and used for naval, military or air force purposes, or ii owned by and used for the purposes of any visiting force. 3 Paragraph 2(a) shall cease to have effect on 1st January 2005. 4 In paragraph (2) “visiting force” means any body, contingent or detachment which is in accordance with section 12(1) of the Visiting Forces Act 1952 a visiting force for the purposes of any provision of Part I of that Act. Brake linings for relevant vehicles 4 1 Subject to regulation 5, no person shall— a supply or offer or agree to supply for fitting to a relevant vehicle; b expose or possess for supply for fitting to a relevant vehicle; or c fit to a relevant vehicle, brake linings which do not meet the requirements specified in paragraph (2)(a) or (b). 2 The requirements are— a that the brake linings— i have been type approved in accordance with the requirements of the Braking Devices Directive; ii have been marked by the manufacturer in accordance with the requirements of paragraph 3 of Article 6 of the Framework Directive; and iii are marked and packaged in accordance with the requirements of point 4 and point 6 of Annex XV of the Braking Devices Directive; or b that the brake linings— i have been approved in accordance with paragraph 4 of ECE Regulation 90.01; and ii are marked and packaged in accordance with paragraph 6 of that Regulation. Exception to regulation 4 5 Nothing in regulation 4 shall be taken to apply in relation to replacement brake linings for fitting or fitted to a relevant vehicle which was first used before 1st September 1999, provided that the replacement brake linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used. Brake linings for other vehicles 6 Without prejudice to regulation 3, no person shall— a supply or offer or agree to supply for fitting to a vehicle which is not a relevant vehicle; b expose or possess for supply for fitting to a vehicle which is not a relevant vehicle; or c fit to a vehicle which is not a relevant vehicle, brake linings which are such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used. Commencement of proceedings 7 In England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within 12 months from the time when the offence is committed and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from when the offence is committed. Signed by authority of the Secretary of State Larry Whitty Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions 2nd November 1999