Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) to enable the road use of hydrogen-fuelled non-road mobile machinery and category T tractors.

Regulation 94(2A) of the 1986 Regulations requires that, for vehicles fitted with a hydrogen or natural gas fuel system, the system must be approved under the Roads Vehicles (Approval) Regulations 2009 before it may be used.

Regulation 2 of these Regulations creates a new exemption by amending regulation 94(2A) to enable the road use of hydrogen-fuelled vehicles that meet the requirements specified in new paragraphs (2B) and (2C).

The requirements specified in new paragraph (2B) are that the vehicle must be an agricultural motor vehicle, engineering plant or a works truck, have been designed and constructed to be fuelled by hydrogen, and must comply with the Pressure Equipment (Safety) Regulations 2016 and the requirements in new Schedule 5A.

The requirements specified in new paragraph (2C) are that the vehicle must be a category T tractor, have been designed and constructed to be fuelled by hydrogen, and must comply with Parts I and II of UN Regulation 134, 134.01 or 134.02 and the requirements in new Schedule 5A.

New Schedule 5A sets out safety requirements for hydrogen-fuelled vehicles specified in regulation 94(2B) or (2C), including requirements relating to the fuelling receptacle, pressure relief devices, protection against flammable conditions, signal warnings to the driver, fuel system leakage and installation requirements.

Regulation 2 of these Regulations also updates the reference to the Road Vehicles (Approval) Regulations 2009 to refer to the Road Vehicles (Approval) Regulations 2020 instead.

UN Regulations are issued by the United Nations Economic Commission for Europe. Copies of UN Regulation 134, 134.01 and 134.02 may be obtained from the UNECE website: http://www.unece.org/trans/main/wp29/wp29regs.html. Hard copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk, or from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.