Purposes Prescribed for the Purposes of Paragraph 5(4)(c) of Schedule 1 to the 1994 Act
2002 No. 2742
ROAD TRAFFIC
The Road Vehicles (Registration and Licensing) Regulations 2002
Made 4th November 2002
Laid before Parliament 8th November 2002
The Secretary of State for Transport, in exercise of the powers conferred by sections 7(6), 10(1), 11(1), 11(1A), 12(2), (3) and (4), 14(3)(b) and (4), 21(3), 22(1), (1A), (1B), (1C), (1D), (1E), (1G), (2), (2A), (2B), (2C), and (4), 22A, 23(5), 25, 33(1)(b), (1A)(c), (3)(a), (4) and (5), 52(1), 57(1), (2) and (3), 59(2)(a), 61A, 61B and 62(1) of the Vehicle Excise and Registration Act 19941, by paragraphs 1(2B), 3(5) and 5(3)(e) and (4)(c) of Schedule 1 and paragraphs 2A and 24 of Schedule 2 to that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART I
PRELIMINARY
Citation and commencement
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.
Revocation
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).
Interpretation
3.—(1) In these regulations—
“the 1988 Act” means the Road Traffic Act 19882;
“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 19203;
(b) the Vehicles (Excise) Act 19494;
(c) the Vehicles (Excise) Act (Northern Ireland) 19545;
(d) the Vehicles (Excise) Act 19626;
(e) the Vehicles (Excise) Act 19717;
(f) the Vehicles (Excise) Act (Northern Ireland) 19728;
“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;
“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;
“kgs” means kilograms;
“local authority” has, in relation to each part of the United Kingdom, the meaning given in the following table—
England |
County council, district council, London borough council, Council of the Isles of Scilly, Common Council of the City of London |
Northern Ireland |
9District Council as defined in the Local Government Act (Northern Ireland) 1972 |
Scotland |
10Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 |
Wales |
County 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 4(3)(b); and
“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 accordingly.
(2) In regulations 21 to 25 “vehicle trader” has the meaning given by regulation 20(6) and in 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.
Electrically assisted pedal cycles and pedestrian controlled vehicles
4.—(1) The requirements specified in regulation 4 of the Electrically Assisted Pedal Cycles Regulations 198311are 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)
(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)
(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.
PART II
LICENCES
Application for a vehicle licence on the basis that the reduced pollution requirements are satisfied
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 Act12referred to in paragraph (1) are—
(a)
(a) paragraph 3(1A) (buses);
(b)
(b) paragraph 6(2A)(b) (vehicles used to carry exceptional loads);
(c)
(c) paragraph 7(3A)(b) (haulage vehicles);
(d)
(d) paragraph 9A (rigid goods vehicles); and
(e)
(e) paragraph 11A (tractive units).
(3) Schedule 2 shall have effect with respect to reduced pollution certificates and the reduced pollution requirements.
Exhibition of vehicle and nil licences
6.—(1) When a vehicle licence or nil licence has been delivered to the Secretary of State with an application for a replacement licence, no licence need be fixed to and exhibited on the vehicle to which the licence relates until the replacement licence is obtained.
(2) Except where paragraph (1) applies, the manner in which any vehicle licence or nil licence in force for a vehicle is to be fixed to and exhibited on the vehicle in accordance with the provisions of section 33(1) or (1A) of the 1994 Act, when it is used or kept on a public road, is that specified in the following provisions of this regulation.
(3) Each such licence shall be fixed to the vehicle in a holder sufficient to protect the licence from the weather to which it would otherwise be exposed.
(4) The licence shall be exhibited on the vehicle—
(a)
(a) in the case of an invalid vehicle, tricycle or bicycle, other than in a case specified in sub-paragraph (b) or (c) of this paragraph, on the near side of the vehicle;
(b)
(b) in the case of a bicycle drawing a side-car or to which a side-car is attached, on the near side of the handlebars of the bicycle or on the near side of the side-car;
(c)
(c) in the case of any vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;
(d)
(d) in the case of any other vehicle—
(i) if the vehicle is fitted with a driver’s cab containing a near side window, on that window; or
(ii) on the near side of the vehicle in front of the driver’s seat and not less than 760 mm and not more than 1.8 metres above the surface of the road.
(5) In each case referred to in paragraph (4), the licence shall be so exhibited that all the particulars on the licence are clearly visible in daylight from the near side of the road.
Prohibition against exhibiting anything resembling a vehicle, trade or nil licence
7. No person shall exhibit on a vehicle which is kept or used on a public road anything—
(a) which is intended to be, or
(b) which could reasonably be,
mistaken for a vehicle licence, a nil licence or a trade licence which is for the time being in force for, or in respect of, the vehicle.
Issue of duplicate vehicle, trade and nil licences
8.—(1) Where a vehicle licence, trade licence or nil licence—
(a)
(a) has been, or may have been, lost, stolen, destroyed or damaged; or
(b)
(b) contains any particulars which have become illegible,
the holder of the licence shall apply to the Secretary of State for...
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