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The Road Vehicles (Registration and Licensing) Regulations 2002

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PART IU.K. PRELIMINARY

Citation and commencementU.K.

1.—(1) These regulations may be cited as the Road Vehicles (Registration and Licensing) Regulations 2002.

(2) These regulations except regulations 15(3) and 20(4) and (5) and Schedule 3 shall come into force on 30th November 2002.

(3) Regulations 15(3) and 20(4) and (5) and Schedule 3 shall come into force on 7th April 2003.

RevocationU.K.

2.—(1) The regulations specified in column (1), whose numbers are specified in column (2), of the tables in Parts I and III of Schedule 1 are hereby revoked in their entirety.

(2) The Regulations specified in column (1), whose number is specified in column (2), of the table in Part II of Schedule 1 are hereby revoked to the extent specified in column (3).

InterpretationU.K.

3.—(1) In these regulations—

  • “the 1988 Act” means the Road Traffic Act 1988 M1;

  • “the 1994 Act” means the Vehicle Excise and Registration Act 1994 and a reference to the “predecessor legislation” of the 1994 Act is a reference to any of the following Acts—

    (a)

    the Roads Act 1920 M2;

    (b)

    the Vehicles (Excise) Act 1949 M3;

    (c)

    the Vehicles (Excise) Act (Northern Ireland) 1954 M4;

    (d)

    the Vehicles (Excise) Act 1962 M5;

    (e)

    the Vehicles (Excise) Act 1971 M6;

    (f)

    the Vehicles (Excise) Act (Northern Ireland) 1972 M7;

  • “bicycle” means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 450 kgs in weight unladen;

  • [F1“the Directive” means Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles as amended by Commission Directive 2003/127/EC of 23 December 2003;]

  • “GB records” means the part of the register which is maintained on behalf of the Secretary of State by the Driver and Vehicle Licensing Agency;

  • “insurer” means an authorised insurer as defined by section 145 of the 1988 Act;

  • “invalid vehicle” means a vehicle (including a cycle with an attachment for propelling it by mechanical power) which does not exceed 508 kgs in weight unladen and is adapted and used or kept on a public road for an invalid;

  • “keeper” in relation to a vehicle means the person by whom that vehicle is kept;

  • [F2“keeper of a fleet” means a person who is the registered keeper of 50 or more vehicles;]

  • “kgs” means kilograms;

  • “local authority” has, in relation to each part of the United Kingdom, the meaning given in the following table—

    EnglandCounty council, district council, London borough council, Council of the Isles of Scilly, Common Council of the City of London
    Northern IrelandM8District Council as defined in the Local Government Act (Northern Ireland) 1972
    ScotlandM9Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
    WalesCounty council, county borough council

  • “mm” means millimetres;

  • “NI records” means the part of the register which is maintained on behalf of the Secretary of State by Driver and Vehicle Licensing Northern Ireland;

  • “reduced pollution certificate” means a certificate issued with respect to a vehicle by virtue of Schedule 2;

  • “register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him, in Great Britain or in Northern Ireland, under section 21 of the 1994 Act;

  • “registered keeper” in relation to a vehicle means the person for the time being shown in the register as the keeper of that vehicle;

  • “trade plates” means plates issued in accordance with regulation 40 or 41;

  • “tricycle” means a mechanically propelled tricycle (including a motor scooter and a tricycle with an attachment for propelling it by mechanical power) not exceeding 450 kgs in weight unladen and not being a pedestrian controlled vehicle as defined by regulation [F34(3)(b);]

  • “valeting” means the thorough cleaning of a vehicle before its registration by the Secretary of State under section 21 of the 1994 Act or in order to prepare it for sale and includes removing wax and grease from the exterior, engine and interior, and “valeted” shall be construed [F4accordingly; and]

  • [F5“vehicle trader” means any person who—

    (a)

    is the holder of a trade licence;

    (b)

    carries on business as a dealer in motor vehicles;

    (c)

    carries on business as an auctioneer of motor vehicles;

    (d)

    carries on business as a dismantler of motor vehicles; or

    (e)

    in relation to a particular vehicle, is—

    (i)

    a finance company which has acquired that vehicle under an order for repossession; or

    (ii)

    an insurer which has acquired that vehicle in satisfaction of a total loss claim.]

[F6(1A) For the purposes of these Regulations “the registration document fee exemption” applies in relation to the issue of a new registration document for a vehicle if the following conditions are satisfied—

(a)the vehicle has sustained damage to its bodywork;

(b)the insurer of the vehicle has notified the Secretary of State that the vehicle was capable of being repaired but that the cost to the insurer of having it repaired would exceed the value of the vehicle in the condition in which it was immediately before it sustained the damage; and

(c)the last registration document to be issued for the vehicle was destroyed by the insurer in accordance with regulation 20(5).]

(2) In F7... Schedule 4 “relevant vehicle trader” has the meaning given by paragraph 1(4) of that Schedule.

(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

Textual Amendments

Marginal Citations

M210 & 11 Geo. 5. c. 72.

M312, 13 & 14 Geo. 6. c. 89.

M510 & 11 Eliz. 2. c. 13.

Electrically assisted pedal cycles and pedestrian controlled vehiclesU.K.

4.—(1) The requirements specified in regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983 M10 are hereby prescribed as requirements for the purposes of paragraph 2A of Schedule 2 to the 1994 Act (electrically assisted pedal cycles exempt vehicles if of a class complying with prescribed requirements).

(2) Nothing in the following provisions of these Regulations applies to a vehicle which is an electrically assisted pedal cycle or pedestrian controlled vehicle.

(3) In this regulation—

(a)“electrically assisted pedal cycle” means a vehicle which, by virtue of paragraph (1), is an electrically assisted pedal cycle for the purposes of paragraph 2A of Schedule 2 to the 1994 Act; and

(b)“pedestrian controlled vehicle” means a vehicle with three or more wheels which does not exceed 450 kgs in weight unladen and which is neither constructed nor adapted for use nor used for the carriage of a driver or passenger.

Marginal Citations

PART IIU.K. LICENCES

Application for a vehicle licence on the basis that the reduced pollution requirements are satisfiedU.K.

5.—(1) Where an application is made for a vehicle licence on the basis that the rate of vehicle excise duty applicable is a rate specified in one of the provisions of Schedule 1 to the 1994 Act specified in paragraph (2), the Secretary of State may require the applicant to furnish a reduced pollution certificate before he determines the rate at which vehicle excise duty is payable on the licence.

(2) The provisions of Schedule 1 to the 1994 Act M11 referred to in paragraph (1) are—

(a)paragraph 3(1A) (buses);

(b)paragraph 6(2A)(b) (vehicles used to carry exceptional loads);

(c)paragraph 7(3A)(b) (haulage vehicles);

(d)paragraph 9A (rigid goods vehicles); and

(e)paragraph 11A (tractive units).

(3) Schedule 2 shall have effect with respect to reduced pollution certificates and the reduced pollution requirements.

Marginal Citations

M11Paragraphs 3(1A), 6(2A)(b), 7(3A)(b) and 9A of Schedule 1 to the 1994 Act were inserted by the Finance Act 1998 (c. 36) Schedule 1 paragraphs 3(2), 6(2), 7(3), 9 and 12.

Exhibition of vehicle and nil licencesU.K.

F86.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prohibition against exhibiting anything resembling a vehicle, trade or nil licenceU.K.

F97.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Issue of duplicate vehicle, trade and nil licencesU.K.

F108.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F11 Applications for rebates for vehicle and trade licencesU.K.

9.—(1) The holder of a vehicle licence or trade licence who wishes to claim a rebate in accordance with section 19(1) of the 1994 Act must submit a signed application to the Secretary of State.

(2) In the case of a trade licence, the application must be accompanied by any trade plates issued to the holder in connection with the licence.]

Textual Amendments

[F12Supplement payable on late renewal of vehicle licenceU.K.

9A.—(1) Where paragraph (2) applies a supplement of the amount prescribed in paragraph (3) shall be payable.

(2) This paragraph applies where—

(a)a vehicle licence taken out for a vehicle expires,

(b)no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and

(c)the registered keeper has failed to comply with requirements contained in Schedule 4.

(3) The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.

(4) The supplement shall be payable by the person in whose name the vehicle is registered under the 1994 Act at the date of the expiry of the licence by reason of whose late renewal the supplement becomes payable.

[F13(5) The Secretary of State shall notify the person referred to in paragraph (4) that the supplement is payable and that notification shall—

(a)state the amount of the supplement payable; and

(b)be sent to the address of the person as given in the register.]]

Textual Amendments

PART IIIU.K. REGISTRATION AND REGISTRATION DOCUMENTS

Registration and issue of registration documentU.K.

10.—(1) A vehicle shall not be registered under section 21 of the 1994 Act unless a fee of [F14£55] has been paid to the Secretary of State.

(2) Paragraph (1) does not apply to a vehicle which is an exempt vehicle by virtue of paragraph 18 or 19 of Schedule 2 to the 1994 Act M12.

(3) The Secretary of State may register a vehicle in either the GB records or the NI records as he considers appropriate and may, if he thinks fit, remove the particulars of a vehicle included in one of those parts of the register and include them in the other.

(4) On registering a vehicle the Secretary of State shall issue a registration document to the keeper of the vehicle.

(5) Subject to paragraph (6) and regulation 11, the Secretary of State shall issue the registration document forthwith, except where the vehicle is registered in consequence of an application for a vehicle licence by [F15the keeper of a fleet], in which case the registration document shall be issued when that person asks for it to be issued.

[F16(5A) A new registration document issued in accordance with paragraph (5) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

(6) Before issuing a registration document to the keeper of a vehicle, the Secretary of State may require him to produce the vehicle for inspection or to produce other evidence that the vehicle accords with the particulars furnished when a vehicle or nil licence was applied for in respect of it.

(7) The Secretary of State may refuse to issue a registration document or replacement registration document for a vehicle if he is not satisfied that the vehicle accords with those particulars.

Textual Amendments

Marginal Citations

M12Paragraph 19 of Schedule 1 to the 1994 Act was amended by the Finance Act 1997 section 17.

[F17Registration documentU.K.

10A.—(1) [F18Subject to paragraph (1A),] this regulation applies to vehicles falling within the definition of “vehicle” in Article 2 of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers and in Article 2 of Council Directive 92/61/EEC relating to the type-approval of two or three-wheeled motor vehicles.

[F19(1A) Paragraph (3A) applies to any vehicle registered under the 1994 Act or its predecessor legislation.]

(2) The Secretary of State shall not issue a new registration document on or after 31st January 2004 unless it complies with Annex I of [F20the Directive] as regards—

(a)dimensions;

(b)composition; and

(c)information contained within it;

except that in relation to a new registration document, the information contained may be limited to that available to the Secretary of State.

(3) Any registration document which does not comply with [F21the Directive] shall cease to have effect on the earlier of—

(a)the date on which the Secretary of State issues a new registration document under these Regulations; or

(b)1st July 2005.

[F22(3A) Notwithstanding any other provision of these Regulations, the Secretary of State may, without charge and on surrender by the registered keeper of a registration document issued before 31st January 2004, issue to the registered keeper a registration document which is in a form provided for by the Directive in respect of the same vehicle if it appears proper and reasonable to him to do so.]

(4) In registering for the first time on or after 1st June 2004 a vehicle, which has been registered in another member State or Gibraltar, the Secretary of State shall recognise as a registration document a document which has been issued in respect of that vehicle by that other member State or Gibraltar if it complies with Annex I or Annexes I and II of [F23the Directive].

(5) Where the Secretary of State registers a vehicle in accordance with paragraph (4) he shall—

(a)retain the former registration document for not less than 6 months; and

(b)within 2 months of registration in the United Kingdom, notify the authorities in the member State or in Gibraltar where the vehicle was previously registered of his act of registration.]

Textual Amendments

Production of vehicle for inspection before assignment of registration markU.K.

11.  Where at the request of the keeper of a vehicle a particular registration mark is to be assigned to it, having previously been assigned to another vehicle, that other vehicle shall be made available for inspection by the Secretary of State at a place designated by him, and the keeper of the first mentioned vehicle shall, before the registration mark is so assigned, pay to the Secretary of State a charge of £80 for the assignment.

Production of registration document for inspectionU.K.

12.  The keeper of a vehicle in respect of which a registration document has been issued shall produce the document for inspection if he is required to do so at any reasonable time by a constable or by a person acting on behalf of the Secretary of State.

Issue of replacement registration documentU.K.

13.—(1) Where a registration document has been, or may have been, lost, stolen, destroyed or damaged, or it contains any particulars that have become illegible, the registered keeper shall apply to the Secretary of State for the issue of a replacement document.

[F24(2) Any application under paragraph (1) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document is lost, stolen or destroyed, must be accompanied by the registration document.]

[F25(2A) An application for the issue of a replacement registration document under this regulation shall[F26, unless the registration document fee exemption applies,] be accompanied by a fee of [F27£25].]

(3) If the Secretary of State—

(a)receives an application made in accordance with this regulation; and

(b)he is satisfied that a registration document has been, or may have been, lost, stolen, destroyed or damaged, or that it contains any particulars that have become illegible,

he shall, subject to regulation 15 [F28and paragraph (4)], issue a replacement registration document to the registered keeper.

[F29(4) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(5) A new registration document issued in accordance with paragraph (4) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

Correction of registration documentU.K.

14.—(1) [F30Unless when paragraph (1A) applies, where] the keeper of a vehicle believes that the particulars in the registration document issued in respect of that vehicle are, or have become, inaccurate, he shall forthwith notify the Secretary of State of the inaccuracy.

[F31(1A) Where the keeper of a fleet believes that any of the particulars about one of the keeper’s vehicles recorded in the register are, or have become, inaccurate, the keeper shall forthwith notify the Secretary of State of the inaccuracy.]

[F32(2) Where the registration document has been, or may have been lost, stolen or destroyed, notification under paragraph (1) must be accompanied by—

(a)an application for the issue of a new registration document; and

(b)except where the registration fee document exemption applies, a fee of £25.

(3) Any notification under paragraph (1) or (1A) or any application under paragraph (2) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document is lost, stolen or destroyed, a notification under paragraph (1) must be accompanied by the registration document.

(4) Where the Secretary of State believes that the particulars in the registration document or recorded in the register for a particular vehicle are inaccurate—

(a)if the document has not been sent to him and the registered keeper of the vehicle is not the keeper of a fleet, he may require the registered keeper of the vehicle to send it to him;

(b)whether or not he has received the document, he may correct the particulars in the register; and

(c)after correcting the particulars in the register, he must, provided that paragraph (2) or (3) has been complied with, and subject to regulation 15 and paragraph (5), issue a new registration document containing the correct particulars to the registered keeper.

(5) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(6) A new registration document issued in accordance with paragraph (5) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

Issue of new registration documentU.K.

15.—(1) Before issuing a new registration document in respect of a vehicle under any provision of these Regulations, the Secretary of State may require the keeper of the vehicle to satisfy him by the production of the vehicle or other sufficient evidence that the vehicle—

(a)accords with the particulars furnished when a vehicle or nil licence was last applied for in respect of it; or

(b)is the registered vehicle.

[F33(1A) Before issuing a new registration document the Secretary of State may take actions to satisfy himself that the identity and address of the person seeking to be the registered keeper accords with the information given to him,]

(2) The Secretary of State may refuse to issue a new registration document in respect of a vehicle if he is not satisfied as mentioned in [F34paragraphs (1) and (1A)].

(3) The provisions of Schedule 3 shall have effect in relation to the issue of a new registration document in respect of a vehicle (in this regulation and in Schedule 3 called “the relevant vehicle”) where—

(a)the relevant vehicle falls within category M1 [F35in paragraph 1.1.1. of Part A of Annex II to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles], and

(b)either an insurer has informed the Secretary of State that it has decided to pay the value of the relevant vehicle to the owner in preference to paying for the cost of repairing it or the registration document has been surrendered to the Secretary of State under regulation 20(5).

F36(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IVU.K. NOTIFICATION AND CHANGES

Notification of an alteration to a vehicleU.K.

16.—[F37(1) Unless paragraph (1B) applies, where any alteration is made to a vehicle so as to make any of the particulars set out in the registration document incorrect, notification of the alteration must be given to the Secretary of State—

(a)by the registered keeper; or

(b)on behalf of the registered keeper, by a vehicle trader—

(i)by whom the vehicle is disposed of, or

(ii)to whom the vehicle is sold.

(1A) Where the registration document has been, or may have been lost, stolen or destroyed, notification under paragraph (1) must be accompanied by—

(a)an application for the issue of a new registration document; and

(b)except where the registration fee document exemption applies, a fee of £25.

(1B) Where the keeper of a fleet believes that any of the particulars about one of the keeper’s vehicles recorded in the register are, or have become, inaccurate, because of any alteration made to that vehicle, the keeper shall forthwith notify the Secretary of State of the alteration.

(1C) Any notification under paragraph (1) or (1B) or any application under paragraph (1A) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document is lost, stolen or destroyed, a notification under paragraph (1) must be accompanied by the registration document.]

F38(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may require the registered keeper to furnish such evidence as he may reasonably require to show that the alteration has taken place.

[F39(4) On receiving notification under this regulation the Secretary of State must, if he is satisfied that the vehicle has been altered in the way notified to him—

(a)correct the particulars in the register to reflect any alteration made to that vehicle; and

(b)after correcting the particulars in the register, he must, subject to regulation 15 and paragraph (5), send the registered keeper a new registration document showing the correct particulars.

(5) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(6) A new registration document issued in accordance with paragraph (5) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

[F40Notification of destruction or permanent export of a vehicleU.K.

17.—(1) The registered keeper of a vehicle must immediately notify the Secretary of State if that vehicle is sent permanently out of the UK.

(2) The Secretary of State may, if he thinks fit, accept a notification under paragraph (1) by electronic means.

(3) A notification under paragraph (1) may be made on the registered keeper’s behalf by a vehicle trader by, or to whom, the vehicle is sold or disposed of.]

Textual Amendments

[F41Vehicles to which the End-of-Life Vehicles Directive appliesU.K.

17A.—(1) This regulation applies to a vehicle to which Directive 2000/53 of the European Parliament and of the Council on end-of-life vehicles applies and which is—

(a)registered in the GB or NI records; or

(b)designed or adapted for use on a road and would be registered but for the fact that it falls within the exemption in regulation 29(2).

(2) Where a vehicle to which this regulation applies is transferred to an authorised treatment facility—

(a)if that facility is in the United Kingdom, the owner or operator thereof shall notify the Secretary of State of the issue of a certificate of destruction pursuant to regulation 27 of the End-of-Life Vehicles Regulations F42...; and

[F43(b)if that facility is in an EEA State other than the United Kingdom, the registered keeper of the vehicle must—

(i)notify the Secretary of State of the issue in that other EEA State of a certificate of destruction, and

(ii)deliver the certificate of destruction to the Secretary of State.]

(3) Where the Secretary of State has been notified of the issue of a certificate of destruction he shall not as respects the vehicle to which it relates—

(a)record in the GB records or, in the case of a vehicle registered in Northern Ireland, in the NI records any further change of keeper;

(b)accept the required declaration in paragraph 1(1) of Schedule 4.

(4) In this regulation “authorised treatment facility”, “certificate of destruction” and “EEA State” have the meanings that those expressions have in the End-of-Life Vehicles Regulations 2003.]

Textual Amendments

F41Reg. 17A inserted (3.11.2003 for E.W.S., 31.12.2003 for N.I.) by The End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635), regs. 1(2)(a)(c)(ii), 34(b) (with reg. 3)

Notification of a change of the keeper’s name or addressU.K.

18.—(1) If the registered keeper of a vehicle changes his name or his address, he shall forthwith notify the new name or address to the Secretary of State F44...

[F45(1A) Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1) shall be accompanied by an application for the issue of a new registration document and[F46, except where the registration document fee exemption applies, by] a fee of [F47£25].]

[F48(1B) A notification under paragraph (1) or an application under paragraph (1A) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case, except where the registration document has been, or may have been, lost, stolen or destroyed, a notification under paragraph (1) must be accompanied by the registration document.

(1C) A notification under paragraph (1) may be made on the registered keeper’s behalf by a vehicle trader by or to whom the vehicle is sold or disposed of.

(2) On receiving notification in accordance with paragraph (1) the Secretary of State must—

(a)record the changes in the register; and

(b)subject to regulation 15 and paragraph (3), issue to the registered keeper a new registration document showing the new name or address.

(3) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(4) A new registration document issued in accordance with paragraph (3) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

[F49Trade licences: notification of change of holder’s name or addressU.K.

19.—(1) If there is a change in the name or business address of the holder of a trade licence, the holder must forthwith notify the Secretary of State of the change and of the new name or address.

(2) On receiving the notification, the Secretary of State must record the change in the register of trade licences.]

Textual Amendments

Change of keeper: general provisionsU.K.

20.—(1) Regulations 21 to 25 have effect subject to the provisions of this regulation.

F50(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) So far as they provide for the issue of a new registration document, regulations 21 to 25 have effect subject to the provisions of regulation 15.

(4) Paragraph (5) shall apply and regulations 21 to 25 shall not apply where—

(a)a vehicle has sustained damage to its bodywork such that the cost of commercial repair would exceed the value of the vehicle when repaired; and

(b)either the keeper of the vehicle does not have the benefit of a policy of insurance or cover note which covers the damage or the keeper is an insurer.

(5) On a change of keeper to which this paragraph applies the keeper shall forthwith surrender the registration document to the Secretary of State or, if an insurer, destroy it.

F51(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Change of keeper: registration document issued in Great Britain before 24th March 1997U.K.

F5221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Change of keeper: registration document issued F53... on or after 24th March 1997 and the new keeper not a vehicle traderU.K.

22.—(1) This regulation applies where—

(a)there is a change in the keeper of a vehicle;

(b)a vehicle registration document has been issued in respect of the vehicle F54...; and

(c)the new keeper is not a vehicle trader.

(2) The registered keeper of the vehicle—

(a)if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b)shall forthwith deliver [F55to the Secretary of State on the remainder of the registration document, or otherwise in [F56writing or, if the Secretary of State thinks fit, orally by telephone or by electronic means] the following information]—

(i)the name and address of the new keeper;

(ii)the date on which the vehicle was sold or transferred to the new keeper; [F57and]

(iii)a declaration F58... by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) [F59are correct.]

F60(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(3) Where [F62a registration document in respect of the vehicle has been issued and] all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document [F63and, except where the registration document fee exemption applies, that application shall be] accompanied by a fee of [F64£25].

[F65(3A) An application under paragraph (3) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means.]

(4) Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document F66....

[F67(4A) An application under paragraph (4) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means and in any other case must be accompanied by the part of the registration document which is marked as the part which is to be given to the new keeper.]

[F68(5) On receiving notification in accordance with this regulation the Secretary of State must—

(a)record the change in the register; and

(b)subject to regulation 15 and paragraph (6), issue to the new registered keeper a new registration document.]

(6) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(7) A new registration document issued in accordance with paragraph (6) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

Change of keeper: obligations of registered keeper where vehicle registration document issued F69... on or after 24th March 1997 and the new keeper a vehicle traderU.K.

23.—(1) Subject to regulation 24, this regulation applies where—

(a)there is a change in the keeper of a vehicle;

(b)the person disposing of the vehicle is the registered keeper;

(c)a vehicle registration document has been issued in respect of the vehicle F70...; and

(d)the new keeper is a vehicle trader.

(2) [F71The registered keeper, or, a vehicle trader by or to whom the vehicle is sold or disposed of, acting on the registered keeper’s behalf, must] forthwith notify the Secretary of StateF72... of the following—

(a)the name and address of the vehicle trader;

(b)the date on which the vehicle was transferred to the vehicle trader; [F73and]

(c)a declaration F74... by the registered keeper that he transferred the vehicle to the vehicle trader on the date specified in accordance with sub-paragraph (b); F74...

F75(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F76(2A) The Secretary of State may, if he thinks fit, accept a notification and declaration under paragraph (2) made orally by telephone or by electronic means and in any other case it must be made on that part of the registration document which relates to the transfer to a vehicle trader, or otherwise in writing.]

(3) If the registration document issued in respect of the vehicle is in his possession, the registered keeper shall deliver to the vehicle trader those parts of it not required to be sent to the Secretary of State under paragraph (2).

Textual Amendments

Change of keeper: obligations of vehicle traders where registration document issued F77... on or after 24 March 1997U.K.

24.—(1) This regulation applies where a vehicle trader becomes the keeper of a vehicle in respect of which a vehicle registration document has been issued F78... .

(2) Where this regulation applies the vehicle trader shall, on or before the appropriate date F79... F80..., notify the Secretary of State as to—

(a)the transfer of the vehicle to him; and

(b)the date on which he became the keeper of the vehicle.

[F81(2A) Where the registration document has been, or may have been, lost, stolen or destroyed, notification in accordance with paragraph (2) shall be effected by an application to the Secretary of State for the issue of a new registration document [F82and, except where the registration document fee exemption applies, that application shall be] accompanied by a fee of [F83£25].]

(3) For the purposes of paragraph (2) the appropriate date is whichever is the earliest of—

(a)the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence;

(b)the day on which he first keeps the vehicle on such a road;

(c)the day immediately following the expiration of the period of three months (“the three months period of grace”) beginning with the day after the date on which the vehicle was last kept by a person who was not a vehicle trader.

(4) Where this regulation applies and the vehicle trader transfers the vehicle to another vehicle trader before the expiration of the three months period of grace, he shall give to the new keeper any part of the registration document in his possession.

(5) Where the vehicle trader transfers the vehicle to another person in a case not falling within paragraph (4), he shall—

(a)forthwith deliver to the Secretary of State, F84... the following—

(i)the name and address of the new keeper;

(ii)the date on which the vehicle was transferred to the new keeper; [F85and]

(iii)a declaration F86... by the [F87vehicle trader] that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; F86...

F88(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the registration document issued in respect of the vehicle is in his possession, deliver to the new keeper [F89that part of it which is marked as the part to be given to the new keeper] .

[F90(6) Where all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document [F91and, except where the registration document fee exemption applies, that application shall be] accompanied by a fee of [F83£25].

(7) Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document F92....]

[F93(7A) The Secretary of State may, if he thinks fit, accept a notification under paragraph (2) or an application under paragraphs (2A), (6) or (7) or the information and declaration under paragraph (5)(a) made or given orally by telephone or by electronic means and in any other case—

(a)a notification under paragraph (2) must be made on that part of the registration document which relates to a change of keeper;

(b)the information and declaration under paragraph (5)(a) must be given on the part of the registration document which relates to a change of keeper or otherwise in writing;

(c)an application under paragraph (7) must be accompanied by that part of the registration document which is marked as the part to be given to the new keeper.]

[F94(8) On receiving notification of a change in keeper in accordance with paragraphs (2), (2A), (5), (6) or (7), the Secretary of State must—

(a)record the change in the register; and

(b)subject to regulation 15 and paragraph (9), issue to the new registered keeper a new registration document.

(9) Where the registered keeper is the keeper of a fleet, a new registration document must be issued only if that keeper asks for it to be issued.

(10) A new registration document issued in accordance with paragraph (9) must be sent to the address of the registered keeper unless that keeper has specified another address in the request in which case it may be sent to that other address.]

Textual Amendments

Change of keeper: registration document issued in Northern IrelandU.K.

F9525.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Statutory off-road notificationU.K.

26.  Schedule 4 shall have effect for the purpose of prescribing, the particulars to be furnished and the declarations to be made, and the times at which and the circumstances and manner in which they are to be made, by a person who—

F96(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)does not renew a vehicle licence on its expiration; or

(c)keeps an unlicensed vehicle.

Textual Amendments

[F97Exceptions to section 31AU.K.

26A.—(1) The requirements prescribed for the purposes of the first condition in section 31B of the 1994 Act are whichever are applicable in the circumstances of the requirements specified in—

(a)regulation 20(5) (surrender or destruction of registration document for damaged vehicle), in so far as it requires surrender of the registration document,

F98(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)regulation 22(2)(b) (delivery of remainder of registration document to the Secretary of State),

(d)regulation 23(2) (notifying the Secretary of State when the transfer is to a vehicle trader),

(e)regulation 24(5) (vehicle trader notifying the Secretary of State of a transfer), and

(f)regulation 25(1)(a) (delivery of registration document and notification to the Secretary of State where the registration document was issued in Northern Ireland).

(2) The requirement prescribed for the purposes of the second condition in section 31B is the making of the required declaration and the furnishing of the prescribed particulars to the Secretary of State in accordance with Schedule 4.

(3) The requirement prescribed under subsection (6) of section 31B for the purposes of subsection (4)(c) (the third condition) is that before the expiry of 14 days beginning with the date on which the theft came to the knowledge of the registered keeper notification of the theft was given to—

(a)a member of a police force maintained for any police area in England and Wales or Scotland,

(b)a member of the Police Service of Northern Ireland, or

(c)a person employed to assist such a police force or that Police Service.

(4) The prescribed length of the period for the purpose of the fourth condition shall be 14 days.]

Textual Amendments

PART VU.K. DISCLOSURE OF INFORMATION

Disclosure of registration and licensing particularsU.K.

27.—(1) The Secretary of State may make any particulars contained in the register available for use—

[F99(a)(i)by a local authority for any purpose connected with the investigation of an offence,

(ii)by a local authority in Scotland, for any purpose connected with the investigation of a decriminalised parking contravention, or

(iii)by a local authority in England and Wales, for any purpose connected with its activities as an enforcement authority within the meaning of Part 6 of the Traffic Management Act 2004;]

[F100(aa)by the Department for Regional Development for any purpose connected with—

(i)the investigation of a contravention to which Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (contraventions subject to penalty charges) applies; or

(ii)the exercise of the Department’s powers under Article 18(1)(b) or 21(1)(b) of that Order (immobilisation or removal of vehicles);]

(b)by a chief officer of police;

(c)by a member of the Police Service of Northern Ireland;

(d)by an officer of Customs and Excise F101...; F102...

[F103(da)on or after 30th April 2010 or the date of coming into force of section 144A of the 1988 Act (whichever is later), by the Motor Insurers’ Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929) for any purpose connected with the exercise of any of the functions of the Secretary of State relating to the enforcement of an offence under section 144A of the 1988 Act; or]

(e)by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

(2) Particulars may be provided to such a person as is mentioned in paragraph (1)(e) on payment of such fee, if any, of such amount as appears to the Secretary of State reasonable in the circumstances of the case.

(3) In this regulation—

(a)“a decriminalised parking contravention” means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991, that is to say—

F104(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and

(iv)paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London); and

(b)“an officer of Customs and Excise” means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979 M13 and includes any person engaged as mentioned in section 8(2) of that Act.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

[F105Exchange of informationU.K.

27A.  The Secretary of State may disclose such information, contained in the register, that he is required to disclose to comply with Article 9 of [F106the Directive].]

Textual Amendments

Sale of information derived from particulars contained in the registerU.K.

28.  The Secretary of State may sell information derived from particulars contained in the register—

(a)to such persons as the Secretary of State thinks fit;

(b)for such price and on such other terms, and subject to such restrictions, as the Secretary of State thinks fit,

if the information does not identify any person or contain anything enabling any person to be identified.

PART VIU.K. CROWN VEHICLES AND EXEMPT VEHICLES

Application of Regulations to Crown vehiclesU.K.

29.—(1) Except as provided by this Part of these Regulations, nothing in these Regulations applies to a vehicle kept by the Crown.

(2) Nothing in these Regulations or this Part of these Regulations applies to a vehicle kept by the Crown which is used or appropriated for use for naval, military or air force purposes.

Registration of Crown vehiclesU.K.

30.—(1) A Government Department which uses or keeps or, intends to use or keep, a vehicle on a public road shall—

(a)make to the Secretary of State such declaration and furnish him with such particulars as would be required by section 7 of the 1994 Act if the Department desired to take out a vehicle licence for the vehicle; and

(b)make to the Secretary of State a declaration that the vehicle is only to be used for the purposes of the Crown.

(2) Upon receipt of the declaration and particulars the Secretary of State shall—

(a)register the vehicle in the name of the Government Department;

(b)if there is no registration mark for the time being assigned to the vehicle, assign a registration mark to it; and

(c)issue a registration document for the vehicle.

(3) Any registration mark assigned under paragraph (2) shall be deemed to be assigned under section 23 of the 1994 Act for the purposes of subsection (2) of that section and of these Regulations.

(4) No vehicle licence or nil licence shall be issued by the Secretary of State in respect of the vehicle so registered.

[F107(5) Where a Government department is the registered keeper of a vehicle—

(a)regulations 13, 14, 15, 16 and 18 shall apply;

(b)regulations 20, 21, 22, 23, 24 and 25 shall apply on a change in the keeper of a vehicle; and

(c)regulations 20, 21, 22 and 25 shall apply on a change in the keeper of a vehicle from one Government department to another.]

Textual Amendments

Certificates of Crown exemptionU.K.

F10831.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of Regulations to exempt vehiclesU.K.

32.  Subject to the provisions of these Regulations, these Regulations shall apply to exempt vehicles so far as they are capable of being applied to such vehicles.

Nil licencesU.K.

33.—(1) In this regulation “nil licensable vehicle” means a vehicle which is an exempt vehicle otherwise [F109than] by virtue of paragraph 2, 2A, 3, 22 or 23 of Schedule 2 to the 1994 Act.

(2) A nil licence is required to be in force in respect of a nil licensable vehicle which is used or kept on a public road.

[F110(3) Subject to paragraph (3A), a nil licence must be granted for a period of 12 months beginning with the first day of the month in which the application for the licence is received by the Secretary of State.]

[F111(3A) A first nil licence may be granted for a period—

(a)in accordance with [F112paragraph (3)] , or

(b)consisting in the aggregate of 12 months commencing with the relevant month and the appropriate number of days.

(3B) In paragraph (3A)—

“first nil licence” means a nil licence for a vehicle on the issue of which the vehicle is first registered under the 1994 Act;

“the relevant month” means the month immediately following the month in which the nil licence first has effect; and

“the appropriate number of days” is the number of days between the tenth or seventeenth or twenty-fourth day (as appropriate) of the month in which the nil licence first has effect and the last day of that month (inclusive of both those days).]

(4) The keeper of a nil licensable vehicle may apply to the Secretary of State for a nil licence by making to him such a declaration and furnishing him with such particulars and such documentary or other evidence as might be specified under section 7 of the 1994 Act if the keeper desired to take out a vehicle licence for the vehicle.

(5) The Secretary of State may accept a declaration given, and particulars furnished, orally by telephone.

(6) In the case of a vehicle which is an exempt vehicle by virtue of—

(a)paragraph 19 of Schedule 2 to the 1994 Act, or

(b)paragraph 7 of Schedule 4 to that Act,

the Secretary of State shall require the keeper to furnish him with a certificate that paragraph 19 of Schedule 2 or, as the case may be, paragraph 7 of Schedule 4 applies, unless the Secretary of State satisfies himself by other means that one of those paragraphs applies.

(7) The certificate shall be obtained by the keeper of the vehicle from the Secretary of State for Work and Pensions, the Secretary of State for Defence or the Department for Social Development for Northern Ireland, whichever is appropriate.

(8) Paragraphs (4) to (7) do not apply where the person applying for a nil licence agrees to comply with such conditions as may be specified in relation to him by the Secretary of State.

[F113(8A) Section 22ZA of the 1994 Act shall apply to information of the following descriptions—

(a)the name of any person to whom—

(i)disability living allowance or mobility supplement is payable; or

(ii)disability living allowance has ceased to be payable and who would be entitled to receive the mobility component at the higher rate but for his failure to satisfy a condition referred to in paragraph 19(2A)(b) of Schedule 2 to the 1994 Act;

(b)that person’s date of birth and National Insurance number; and

(c)if applicable, the date on which the allowance or supplement, as appropriate, will cease to be payable.

(8B) For the purposes of paragraph (8A)—

“disability living allowance” means a disability living allowance for the purposes of section 71 of the Social Security Contributions and Benefits Act 1992 (disability living allowance);

“mobility component” means the mobility component of a disability living allowance and “higher rate” means the higher rate of the mobility component for the time being prescribed under section 73 of that Act (the mobility component); and

“mobility supplement” has the meaning which that expression bears in paragraph 19 of Schedule 2 to the 1994 Act.]

(9) If, following an application made in accordance with this regulation, the Secretary of State is satisfied that a vehicle is a nil licensable vehicle, he shall issue a nil licence to the keeper of the vehicle.

(10) If at any time vehicle excise duty becomes chargeable under the 1994 Act in respect of a vehicle which immediately before that time was a nil licensable vehicle, the keeper of the vehicle shall forthwith return to the Secretary of State—

F114(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any certificate obtained by him for the purposes of paragraph (6) in relation to the vehicle.

Textual Amendments

Exemptions from vehicle excise duty: vehicles imported by members of foreign armed forces and othersU.K.

34.  Schedule 5, which provides for the exemption from vehicle excise duty of vehicles imported into Great Britain by members of foreign armed forces and other persons, shall have effect.

PART VIIU.K. TRADE LICENCES

Definition of “motor trader”: descriptions of businessesU.K.

35.  The following descriptions of business are hereby prescribed for the purposes of sub-paragraph (b) of the definition of “motor trader” in section 62(1) of the 1994 Act—

(a)the business of modifying vehicles, whether by the fitting of accessories or otherwise;

(b)the business of valeting vehicles.

Period for review of decision refusing an application for a trade licenceU.K.

36.  For the purposes of section 14(3)(b) of the 1994 Act (which relates to the review by the Secretary of State of his decision refusing an application for a trade licence by a person entitled to make such an application) the period within which such an applicant may request the Secretary of State for such a review shall be 28 days beginning with the day after the day on which the decision was given.

Conditions subject to which trade licences are to be issuedU.K.

37.  The conditions subject to which trade licences are to be issued, and with which every holder of a trade licence shall comply, shall be those specified in Part I of Schedule 6.

Purposes for which the holder of a trade licence may use a vehicle by virtue of the licenceU.K.

38.  Part II of Schedule 6 shall have effect for prescribing the purposes for which a vehicle may be used by virtue of a trade licence.

Assignment of general registration marksU.K.

39.  On issuing a trade licence the Secretary of State shall assign to the holder of the licence a general registration mark in respect of that licence.

Issue of trade platesU.K.

40.—(1) Subject to paragraphs (3) and (4), the Secretary of State shall issue to every holder of a trade licence, as respects each licence held by him, a set of trade plates appropriate to the class of vehicles for which the licence is to be used.

(2) Each trade plate shall show the general registration mark assigned to the holder of the licence in respect of the licenceF115....

(3) Where the holder of a trade licence satisfies the Secretary of State that the vehicles which he will use by virtue of the licence include vehicles which would otherwise be liable to vehicle excise duty under paragraph 2 of Schedule 1 to the 1994 Act (motorcycles) and other vehicles, the Secretary of State shall issue to the holder an additional trade plate in respect of the vehicles otherwise liable to vehicle excise duty under that paragraph.

(4) Where the licence is to be used only in respect of vehicles to which paragraph 2 of Schedule 1 to the 1994 Act applies (motorcycles), the Secretary of State shall issue only one trade plate to the holder of the licence F116...

(5) Each trade plate shall remain the property of the Secretary of State and shall be returned forthwith to the Secretary of State by the person to whom it was issued if that person ceases to be—

(a)the holder of the trade licence in respect of which the trade plate was issued; or

(b)a motor trader or a vehicle tester.

Textual Amendments

Issue of replacement trade platesU.K.

41.—(1) If any trade plate issued by the Secretary of State to the holder of a trade licence is lost, stolen, destroyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement set of trade plates.

(2) On receipt of an application under paragraph (1) the Secretary of State shall so issue a replacement set if—

(a)he has received all those trade plates in the set which are still in the possession of the holder of the licence;

(b)except where paragraph (3) applies, the fee prescribed by paragraph (4) has been paid; and

(c)he is satisfied that any plate has been lost, stolen, destroyed or materially damaged.

F117(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable under paragraphs (2) and (3) shall be—

(a)for a replacement set of trade plates comprising two plates, £13.50;

(b)for a replacement set of trade plates comprising three plates, £18;

(c)for a replacement of a single trade plate issued under regulation 40(4), £7; F118...

F119(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No fee shall be payable under paragraph (4)(a) or (b) on account of the replacement of a trade plate, if the Secretary of State is satisfied that the plate has become illegible or the colour of the plate has been altered (whether by fading or by other means) otherwise than by reason of any act or omission of the licence holder.

(6) If a replacement set of trade plates has been issued on the ground that any of the original trade plates has been lost, stolen or destroyed, and the original plate is subsequently found or recovered, the holder of the licence—

(a)if the original plate is in his possession, shall forthwith return it to the Secretary of State, or

(b)if it is not in his possession but he becomes aware that it is found or recovered, shall take all reasonable steps to obtain possession of it and return it to the Secretary of State.

Textual Amendments

[F120Display of general registration mark of holder of a trade licence]U.K.

42.—(1) Where a vehicle is in use under a trade licence the general registration mark assigned to the holder of a trade licence shall be displayed on the vehicle in the manner specified in paragraph (2).

(2) The trade plates issued by the Secretary of State shall be fixed to and displayed on the vehicle in such a manner that, if the general registration mark assigned to the holder were a registration mark assigned to the vehicle, the provisions of regulations 5 and 6 of the Road Vehicles (Display of Registration Marks) Regulations 2001 M14 (the “2001 Regulations”) would be complied with, notwithstanding the vehicle may not have been first registered on or after the relevant date, as defined in regulation 2(1) of the 2001 Regulations, or it is a works truck (as defined by paragraph 4(6) of Schedule 1 to the 1994 Act) or an agricultural machine (as defined by regulation 2(1) of the 2001 Regulations) or a road roller.

F121(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M14S.I. 2001/561 to which there are amendments not relevant to these Regulations.

PART VIIIU.K. MISCELLANEOUS

Cylinder capacityU.K.

43.—(1) For the purposes of Schedule 1 to the 1994 Act (annual rates of vehicle excise duty) the cylinder capacity of an internal combustion engine shall be taken to be—

(a)in the case of a single-cylinder engine, the cylinder capacity attributable to the cylinder of the engine; and

(b)in the case of an engine having two or more cylinders, the sum of the cylinder capacities attributable to the separate cylinders.

(2) The cylinder capacity attributable to any cylinder of an internal combustion engine shall be deemed to be equal to—

(a)in the case of a cylinder having a single piston, the product expressed in cubic centimetres of the square of the internal diameter of the cylinder measured in centimetres, and the distance through which the piston associated with the cylinder moves during one half of a revolution of the engine measured in centimetres multiplied by 0.7854; and

(b)in the case of a cylinder having more than one piston, the sum of the products expressed in cubic centimetres of the square of the internal diameter of each part of the cylinder in which a piston moves measured in centimetres, and the distance through which the piston associated with that part of the cylinder moves during one half of a revolution of the engine measured in centimetres multiplied by 0.7854.

(3) In measuring cylinders for the purpose of calculating cylinder capacity, and in calculating cylinder capacity, fractions of centimetres are to be taken into account.

Seating capacity of busesU.K.

44.—(1) For the purpose of Part III of Schedule 1 to the 1994 Act (annual rates of vehicle excise duty applicable to buses), the seating capacity of a bus shall be taken to be the number of persons that may be seated in the bus at any one time, as determined in accordance with the principles specified in paragraph (2).

(2) Those principles are—

(a)where separate seats for each person are provided one person shall be counted for each separate seat provided;

(b)where the vehicle is fitted with continuous seats one person shall be counted for each complete length of 410 mm measured in a straight line lengthwise on the front of each seat;

(c)where any continuous seat is fitted with arms in order to separate the seating spaces and the arms can be folded back or otherwise put out of use, the arms shall be ignored in measuring the seat;

(d)no account shall be taken of—

(i)the driver’s seat; or

(ii)any seats alongside the driver’s seat, whether separate from or continuous with it, if the Secretary of State is satisfied that the use of those seats by members of the public will not be permitted during the currency of the licence applied for.

(3) In paragraph (2) “driver’s seat” means—

(a)any separate seat occupied by the driver; or

(b)where no such seat is provided and the driver occupies a portion of a continuous seat, so much of that seat as extends from the right edge of the seat if the vehicle is steered from the right-hand side, or from the left edge of the seat if the vehicle is steered from the left-hand side, to a point 460 mm left or right, as the case may be, of the point on the seat directly behind the centre of the steering column.

Recovery vehicles: prescribed purposesU.K.

45.—(1) The purposes specified in Part I of Schedule 7 are hereby prescribed for the purposes of paragraph 5(3)(e) of Schedule 1 to the 1994 Act (purposes for which a recovery vehicle may be used).

(2) The purposes specified in Part II of Schedule 7 are hereby prescribed for the purposes of paragraph 5(4) of Schedule 1 to the 1994 Act (purposes to be disregarded in determining whether a vehicle is a recovery vehicle).

Admissibility of evidence from recordsU.K.

46.—(1) The matters specified in paragraph (2) are hereby prescribed for the purposes of section 52(1) of the 1994 Act (matters with respect to which statements in documents are admissible in evidence).

(2) The matters are anything relating to—

(a)an application for—

(i)a vehicle licence;

(ii)a trade licence;

(iii)a repayment of vehicle excise duty under section 19 of the 1994 Act (surrender of licences); or

(iv)the recovery of overpaid vehicle excise duty;

(b)a vehicle licence, trade licence, nil licence, registration document or registration mark;

(c)a trade plate;

(d)the recovery of underpaid vehicle excise duty;

(e)the conviction of any person for an offence under the 1994 Act or its predecessor legislation;

(f)the exemption of a vehicle from vehicle excise duty;

(g)the liability of the person by whom a vehicle is kept to pay any sum in accordance with section 30 of the 1994 Act;

(h)the immobilisation, removal or disposal of a vehicle pursuant to regulations made under Schedule 2A to the 1994 Act.

Regulations prescribed under section 59(2) of the 1994 ActU.K.

47.  The regulations specified in column (1), whose subject matter is referred to in column (2), of the table in Schedule 8 are hereby prescribed as regulations to which section 59(2)(a) of the 1994 Act [F122(fines not to exceed level 3 on the standard scale) applies].

Textual Amendments

Signed by authority of the Secretary of State

David Jamieson

Parliamentary-Under Secretary of State,

Department for Transport

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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