Towing mirrors

[ragitty]

UK LEGISTRATION REF TOWING MIRRORS

Our understanding of the legislation for towing mirrors is as follows:

The requirements for caravan towing mirrors follow the vehicle mirror requirements as defined in Regulation 33 of the Road Vehicles (Construction and Use) Regulations 1986. Regulation 33 (attached) requires that the mirrors comply with either the EC Directives (71/127/EEC or 2003/97/EC) or UNECE Regulation 46.

The current confusion appears to be based around the fact that Regulation 33 allows compliance with the construction and testing requirements of EC Directive 2003/97/EC. However, mirrors type approved to this Directive do not become compulsory for new cars until 26th January 2010. Therefore, if a towing-mirror is already in use, or newly purchased now it should comply with the construction and testing requirements of the relevant legislation but ‘E’ or ‘e’ marking is not strictly required.

However, for a NEW car purchased after 26th January 2010, 2003/97/EC or UNECE Regulation 46 compliant caravan towing mirrors will be required for that vehicle and we assume that all caravan towing mirrors would comply with the new requirements by that time.

The approval markings are:
'e' followed by a number or letters in a rectangle – which signifies approval to the EC Directives; or
'E' followed by a number or letters in a circle – which signifies approval to the UNECE Regulation.
The number or letters indicate the European country in which the component was approved.
Either of these types of marking is acceptable.

In order to assist with understanding the requirements, the following paragraphs are taken from Regulation 33 of the Road Vehicles (Construction and Use) Regulations 1986.

Paragraph (1) brings the caravan towing mirrors within the scope of the legislation.

(1) Save as provided in paragraphs (5) and (6), a motor vehicle (not being a road roller) which is of a class specified in an item in column 2 of the Table shall be fitted with such mirror or mirrors or other device for indirect vision, if any, as are specified in that item in column 3; and any mirror or other device for indirect vision which is fitted to such a vehicle shall, whether or not it is required to be fitted, comply with the requirements, if any, specified in that item in columns 4 and 5.

Paragraph (5)(e) calls for compliance with the relevant European legislation, including markings.

(5) Instead of complying with paragraphs (1) to (4) a vehicle may comply—
(a) if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989 with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(b) if it is a goods vehicle first used on or after 1st August 1989 and before 26th January 2007—
(i) in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and
(ii) in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(c) if it is an agricultural motor vehicle, with Community Directive 71/127, 74/346, 79/795, 85/205, 86/562 or 88/321 or ECE Regulation 46.01;
(d) if it is a two-wheeled motor cycle with or without a side-car, with Community Directive 71/127, 79/795, 80/780, 85/205, 86/562 or 88/321 or ECE Regulation 46.01; and
(e) if it is any other vehicle, with Community Directive 71/127, 79/795, 85/205, 86/562 or
88/321 or ECE Regulation 46.01.

Under Column 4 of Table Item 8 - For cars first used before 26 January 2010 – compliance is required with:

Item 2 of Annex I to Community Directive 71/127 or 79/795 – Application for EC Component Type Approval of a Device for Indirect Vision – para 2.6 requires the Type Approval Mark

SmiliesOR Annex II to Community Directive 86/562 or 88/321 – Design Specifications and Tests Required for EC Type Approval of a Device for Indirect Vision ? Appendix 2 to Annex II – Conditions Governing the EEC Component Type Approval and Marking of Rear View Mirrors

OR paragraphs 4 to 8 of ECE Regulation 46.01 ? 4. Markings, 5. Approval – para 5.4 requires the Type Approval Mark, 6. Requirements (Tests), 7. Modification of the Type of Device for Indirect Vision and extension of Approval, 8. Conformity of Production.

AND paragraphs (2) and (4) of this regulation

However, under paragraph (6), those vehicles (first used before 26 Jan 2010) in item 8 of the table, can comply with the construction and testing requirements but excludes:
under (a) and (b) the required mirror radius and the ‘E’ or ‘e’ markings under EC Directives 71/127 and 79/795.
under (c) and (d) the required mirror radius under EC Directives 2003/97/EC and 2005/38/EC.

(6) Instead of complying with the provisions of column 4 in items 3, 4, 7 or 8 of the Table a mirror may comply with the requirements as to construction and testing set out in

(a) Annex I to Community Directive 71/127, excluding paragraphs 2.3.4 and 2.6;
(b) Annex I to Community Directive 79/795, excluding paragraphs 2.3.3 and 2.6;
(c) Annex II to Community Directive 2003/97, excluding paragraph 3.4; or
(d) Annex II to Community Directive 2005/27, excluding paragraph 3.4.

Mirrors which are manufactured for those vehicles which will be first used after 26 January 2010 will be required comply with 2003/97/EC or 2005/27/EC and be ‘E’ or ‘e’ marked accordingly.

Our recommendation is that it is currently best to use ‘E’ or ‘e’ marked mirrors. However, if this is not possible, you should confirm that they meet the requirements with the supplier or manufacturer.

NOTE: The information supplied is a summary of our 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
I hope that this information will be useful to the many caravan owners on this forum