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—
- a
the registration mark of the vehicle;
- b
the make and model of the vehicle; and
- c
the address of the premises at which the vehicle is kept; and
- a
“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.
(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.