SCHEDULE 4 STATUTORY OFF-ROAD NOTIFICATION

PART IGeneral

Interpretation of Schedule1

1

In this Schedule—

  • “authorised insurer” has the meaning given in section 145(5) of the 1988 Act;

  • “personal credit agreement” has the meaning given in section 8(1) of the Consumer Credit Act 1974 M1;

  • “relevant vehicle” means a vehicle which is either a relevant GB vehicle or a relevant NI vehicle;

  • “the required declaration” means a declaration made to the Secretary of State by F1... the keeper of a relevant vehicle to the effect that (except for use under a trade licence) he does not for the time being intend to use or keep the vehicle on a public road and will not use or keep the vehicle on a public road without first taking out a vehicle licence (or if appropriate a nil licence) for the vehicle;

  • “the required particulars” in relation to a relevant vehicle are particulars of—

    1. a

      the registration mark of the vehicle;

    2. b

      the make and model of the vehicle; and

    3. c

      the address of the premises at which the vehicle is kept; and

  • “unlicensed vehicle” means a relevant vehicle for which no vehicle licence is for the time being in force and “unlicensed” shall be construed accordingly.

2

In this Schedule, subject to sub-paragraph (3),—

a

a “relevant GB vehicle” means a vehicle which is registered in the GB records and kept in Great Britain, but does not include a vehicle in relation to which each of the following conditions is satisfied—

i

neither a vehicle licence nor a nil licence was in force for the vehicle on 31st January 1998;

ii

such a licence has not been taken out for the vehicle for a period starting after that date; and

iii

the vehicle has not been used or kept on a public road on or after that date; and

b

a “relevant NI vehicle” means a vehicle which is registered in the NI records and kept in Northern Ireland, but does not include a vehicle in relation to which each of the following conditions is satisfied—

i

neither a vehicle licence nor a nil licence was in force for the vehicle on 30th November 2002;

ii

such a licence has not been taken out for the vehicle for a period starting after that date; and

iii

the vehicle has not been used or kept on a public road on or after that date.

3

A vehicle which is an exempt vehicle falling within a description specified in paragraph 2, 2A, 3, 23 or 24 of Schedule 2 to the 1994 Act is neither a relevant GB nor a relevant NI vehicle.

4

For the purposes of this Schedule a person is a “relevant vehicle trader” in relation to a vehicle if he falls within a description mentioned in column (2) of an item in the Table below and the vehicle falls within a description mentioned in column (3) of that item.

TABLE

(1)

(2)

(3)

Item

Descriptions of person

Descriptions of vehicle

1.

The holder of a trade licence

A vehicle temporarily in his possession in the course of the business by virtue of which he is a person eligible to hold such a licence

2.

An auctioneer of vehicles

A vehicle temporarily in his possession in the course of his business as such an auctioneer

3.

A motor dealer

A vehicle temporarily in his possession in the course of his business as a motor dealer

4.

A person who carries on business as a dismantler of vehicles

A vehicle temporarily in his possession in the course of that business

5.

An authorised insurer

A vehicle temporarily in his possession in consequence of settling a claim under a policy of insurance which related to the vehicle

6.

The holder of a licence under Part II of the Consumer Credit Act 1974

A vehicle temporarily in his possession under an order for the repossession of the vehicle made in pursuance of a personal credit agreement relating to the vehicle

Manner in which declaration is to be made and particulars furnished2

1

For the purposes of this Schedule the required declaration may be made and the required particulars furnished in such way as the Secretary of State may accept including—

a

in writing on a form specified by the Secretary of State;

b

orally by telephone to a person authorised by the Secretary of State; or

c

by electronic means in a form specified by the Secretary of State.

2

A person furnishing the required particulars need not provide particulars of the address at which the vehicle is kept unless required to do so—

a

in a case falling within sub-paragraph (1)(a) or (c), by the form on which those particulars are furnished; or

b

in a case falling within sub-paragraph (1)(b) , by the person to whom they are furnished.