The Road Vehicles (Registration and Licensing) Regulations 2002

Nil licences U.K.

33.—(1) In this regulation “nil licensable vehicle” means a vehicle which is an exempt vehicle otherwise [F1 than] 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.

(3) A nil licence shall—

(a) 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; and

(b) be in the same form as a vehicle licence with the word “NIL” marked in the space provided for indicating the amount of vehicle excise duty payable.

(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.

[F2 (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—

(a) any nil licence issued in respect of the vehicle; and

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

Textual Amendments

F1 Word in reg. 33(1) inserted (1.10.2003) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. 2003/2154), regs. 1, 5

F2 Reg. 33(8A)(8B) inserted (31.10.2005) by The Road Vehicles (Registration and Licensing) (Amendment) (No.2) Regulations 2005 (S.I. 2005/2713), regs. 1, 2