Statutory Instruments
Road Traffic
Made
24th February 2015
Laid before Parliament
2nd March 2015
Coming into force
23rd March 2015
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2), 57 and 59(2)(a) of the Vehicle Excise and Registration Act 1994(1).
1. These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015 and come into force on 23rd March 2015.
2. The Road Vehicles (Registration and Licensing) Regulations 2002(2) are further amended as follows.
3.—(1) Regulation 3 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)after the definition of “keeper”, insert the following definition—
““keeper of a fleet” means a person who is the registered keeper of 50 or more vehicles;”;
(b)in the definition of “tricycle”, for “4(3)(b); and” substitute “4(3)(b);”;
(c)in the definition of “valeting”, for “accordingly.” substitute “accordingly; and”; and
(d)after the definition of “valeting”, insert the following definition—
““vehicle trader” means any person who—
is the holder of a trade licence;
carries on business as a dealer in motor vehicles;
carries on business as an auctioneer of motor vehicles;
carries on business as a dismantler of motor vehicles; or
in relation to a particular vehicle, is—
a finance company which has acquired that vehicle under an order for repossession; or
an insurer which has acquired that vehicle in satisfaction of a total loss claim.”
(3) In paragraph (2) omit the words “regulations 21 to 25 “vehicle trader” has the meaning given by regulation 20(6) and in”.
4.—(1) Regulation 10 (registration and issue of registration document) is amended as follows.
(2) In paragraph (5), for “a person applying as mentioned in section 7(3A) of the 1994 Act” substitute “the keeper of a fleet”.
(3) After paragraph (5) insert—
“(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.”
5.—(1) Regulation 13 (issue of replacement registration document) is amended as follows.
(2) For paragraph (2), substitute—
“(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.”
(3) In paragraph (3), after the words “subject to regulation 15” insert “and paragraph (4)”.
(4) For paragraph (4), substitute—
“(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.”
6.—(1) Regulation 14(3) (correction of registration document) is amended as follows.
(2) In paragraph (1) for “Where” substitute “Unless when paragraph (1A) applies, where”.
(3) After paragraph (1) insert—
“(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.”
(4) For paragraphs (2), (2A) and (3), substitute—
“(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.”
7.—(1) Regulation 15 (issue of new registration document) is amended as follows.
(2) In paragraph (3)(a) for “of Annex II to Council directive 70/156/EEC” substitute “in 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(4)”.
(3) Omit paragraph (4).
8.—(1) Regulation 16(5) (notification of an alteration to a vehicle) is amended as follows.
(2) For paragraphs (1) and (1A), substitute—
“(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.”
(3) For paragraph (4), substitute—
“(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.”
9. For regulation 17(6) (notification of destruction or permanent export of a vehicle), substitute—
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.”
10.—(1) Regulation 17A(7) (vehicles to which the End-of-Life Vehicles Directive applies) is amended as follows.
(2) In paragraph (2)—
(a)in sub-paragraph (a), omit the words “and at the same time shall surrender the registration document to him, except where the registration document has been lost, stolen or destroyed”; and
(b)for sub-paragraph (b) substitute—
“(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.”
11.—(1) Regulation 18(8) (notification of a change of the keeper’s name or address) is amended as follows.
(2) In paragraph (1), omit the words “and, except where the registration document has been, or may have been, lost, stolen or destroyed, shall deliver the registration document to him”.
(3) For paragraph (2) substitute—
“(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.”
12. In regulation 20 (change of keeper: general provisions) omit paragraph (6).
13.—(1) Regulation 22(9) (change of keeper: registration document issued in Great Britain on or after 24th March 1997 and new keeper not a vehicle trader) is amended as follows.
(2) In the heading, omit “in Great Britain”.
(3) In paragraph (2)(b)—
(a)for “writing,” insert “writing or, if the Secretary of State thinks fit, orally by telephone or by electronic means”;
(b)in paragraph (ii), after “keeper;” insert “and”;
(c)in paragraph (iii) omit the word “signed” and for the words “are correct; and” substitute “are correct.”; and
(d)omit paragraph (iv).
(4) In paragraph (3), after “Where” insert “a registration document in respect of the vehicle has been issued and”.
(5) After paragraph (3), insert—
“(3A) An application under paragraph (3) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means.”
(6) In paragraph (4), omit the words “accompanied by that part”.
(7) After paragraph (4), insert—
“(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.”
(8) For paragraph (5), substitute—
“(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.”
14.—(1) Regulation 24(10) (change of keeper: obligations of vehicle traders where registration document issued on or after 24th March 1997) is amended as follows.
(2) For paragraph (8), substitute—
“(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.”
15.—(1) Schedule 8 (regulations to which the offences provision in section 59(2)(a) of the Vehicle Excise and Registration Act 1994 applies) is amended as follows.
(2) In column (1) of the table after “16(1)” insert “or (1B)”.
Signed by authority of the Secretary of State
Claire Perry
Parliamentary Under Secretary of State
Department for Transport
24th February 2015
(This note is not part of the Regulations)
These Regulations further amend the Road Vehicles (Registration and Licensing) Regulations 2002 (“the 2002 Regulations”) (S.I. 2002/2742) to make provision for notification of certain changes to registration documents online or by telephone. They also allow for vehicle traders, in certain circumstances, to notify the Secretary of State of these changes on behalf of the registered keeper. Provision is also made designating persons who are registered keepers of 50 or more vehicles as keepers of a fleet and for such fleet operators to be able to choose at first registration and/or following a relevant change, whether and when to have a new registration document issued, rather than have one issued as a matter of course, and the address to which such a document is to be issued.
Regulation 3 with regulation 12 amends regulation 3 of the 2002 Regulations—
to insert a definition of “keeper of a fleet”; and
to incorporate the definition of “vehicle trader” as previously defined by reference to and in regulation 20(6) of the 2002 Regulations so that that definition can be applied across those Regulations.
Regulations 4, 5, 6, 8, 11, 13 and 14 amend, respectively, regulations 10, 13, 14, 16, 18, 22 and 24 of the 2002 Regulations to permit keepers of a fleet to—
have the option of asking for a new registration document, rather than having one issued to them as a matter of course; and
request that the registration document is sent to another address instead of that keeper’s registered address.
Regulations 5, 6, 8, 9, 11 and 13 amend respectively, regulations 13, 14, 16, 17, 18 and 22 of the 2002 Regulations to permit notifications of changes and applications in relation to registration, to be made by telephone (other than under regulation 17 of the 2002 Regulations) or online in which case there is no need to return the registration document.
Regulation 7 amends regulation 15 of the 2002 Regulations to update a reference to European legislation and to remove a redundant paragraph.
Regulations 8, 9 and 11 insert provisions into regulations 16, 17 and 18 of the 2002 Regulations that permit a vehicle trader by or to whom a vehicle is being sold to notify the Secretary of State on the registered keeper’s behalf.
Regulation 10 clarifies regulation 17A of the 2002 Regulations and removes the requirement to surrender the registration document at the same time that the Secretary of State is notified of the issue of a certificate of destruction.
Regulation 15 makes a consequential amendment to the Table in Schedule 8 to the 2002 Regulations to ensure that the offence in section 59(2)(a) of the Vehicle Excise and Registration Act 1994 will continue to apply to fleet operators in relation to any alterations made to the vehicle that would have the effect of making any particulars held about the vehicle on the register incorrect in the absence of a registration document.
Two full impact assessments of the effect that these Regulations will have on costs of business and the voluntary sector are available from the Driver and Vehicle Licensing Agency, Longview Road, Morriston, Swansea, SA6 7JL (telephone: 01792 783864) and are published with the Explanatory Memorandum alongside these Regulations on the website www.legislation.gov.uk.
1994 c.22; relevant amendments to section 22(1) were made by the Finance Act 1995 (c.4), Schedule 4, paragraph 34(2), the Finance Act 1996 (c.8), Schedule 2, paragraphs 4(2) to (5), and prospectively by the Road Safety Act 2006 (c.49), section 47(4) to (8).
S.I. 2002/2742; relevant amending instruments are noted below.
Relevant amendments to regulation 14 have been made by S.I. 2004/238 and 1773, 2007/1018.
OJ No L 263, 9.10.2007, p1.
Relevant amendments to regulation 16 have been made by S.I. 2004/238 and 1773, 2007/1018, 2014/2358.
Regulation 17 has been amended by S.I. 2003/2635, 2004/3298.
Regulation 17A was inserted by S.I. 2003/2635.
Regulation 18 has been amended by S.I. 2003/3073, 2004/238 and 1773, 2007/1018.
Relevant amendments to regulation 22 have been made by S.I. 2003/2154, 2004/238 and 1773, 2007/1018.