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 1988 ;

• “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 1920 ;

  (b)

  the Vehicles (Excise) Act 1949 ;

  (c)

  the Vehicles (Excise) Act (Northern Ireland) 1954 ;

  (d)

  the Vehicles (Excise) Act 1962 ;

  (e)

  the Vehicles (Excise) Act 1971 ;

  (f)

  the Vehicles (Excise) Act (Northern Ireland) 1972 ;

• “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;

• “the Directive” means Council Directive 1999/37/ EC of 29 April 1999 on the registration documents for vehicles as amended by Commission Directive 2003/127/ EC of 23 December 2003;

• “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;

• “keeper of a fleet” means a person who is the registered keeper of 50 or more vehicles;

• “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	District Council as defined in the Local Government Act (Northern Ireland) 1972
  Scotland	Council 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);

• “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; and

• “vehicle trader” means any person who—

  (a)

  is the holder of a trade licence;

  (b)

  carries on business as a dealer in motor vehicles;

  (c)

  carries on business as an auctioneer of motor vehicles;

  (d)

  carries on business as a dismantler of motor vehicles; or

  (e)

  in relation to a particular vehicle, is—

  (i)

  a finance company which has acquired that vehicle under an order for repossession; or

  (ii)

  an insurer which has acquired that vehicle in satisfaction of a total loss claim.

(1A) For the purposes of these Regulations “the registration document fee exemption” applies in relation to the issue of a new registration document for a vehicle if the following conditions are satisfied—

(a) the vehicle has sustained damage to its bodywork;

(b) the insurer of the vehicle has notified the Secretary of State that the vehicle is suitable for repair; and

(c) the last registration document to be issued for the vehicle was destroyed by the insurer in accordance with regulation 20(5).

(2) 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 , electric scooters being used in a trial and pedestrian controlled vehicles

4. —(1) The requirements specified in regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983 are hereby prescribed as requirements for the purposes of paragraph 2A of Schedule 2 to the 1994 Act (electrically assisted pedal cyclesexempt 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.

(2A) With the exception of regulation 33(1) and (1A), nothing in the following provisions of these Regulations applies to an electric scooter being used in a trial.

(3) In this regulation—

(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) “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. ; and

(c) “electric scooter” and “trial” have the meanings given in regulation 33(1A)

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 Act referred to in paragraph (1) are—

(a) paragraph 3(1A) (buses);

(b) paragraph 6(2A)(b) (vehicles used to carry exceptional loads);

(c) paragraph 7(3A)(b) (haulage vehicles);

(d) paragraph 9A (rigid goods vehicles); and

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition against exhibiting anything resembling a vehicle, trade or nil licence

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of duplicate vehicle, trade and nil licences

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for rebates for vehicle and trade licences

9.—(1) The holder of a vehicle licence or trade licence who wishes to claim a rebate in accordance with section 19(1) of the 1994 Act must submit a signed application to the Secretary of State.

(2) In the case of a trade licence, the application must be accompanied by any trade plates issued to the holder in connection with the licence.

Supplement payable on late renewal of vehicle licence

9A.—(1) Where paragraph (2) applies a supplement of the amount prescribed in paragraph (3) shall be payable.

(2) This paragraph applies where—

(a) a vehicle licence taken out for a vehicle expires,

(b) no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and

(c) the registered keeper has failed to comply with requirements contained in Schedule 4.

(3) The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.

(4) The supplement shall be payable by the person in whose name the vehicle is registered under the 1994 Act at the date of the expiry of the licence by reason of whose late renewal the supplement becomes payable.

(5) The Secretary of State shall notify the person referred to in paragraph (4) that the supplement is payable and that notification shall—

(a) state the amount of the supplement payable; and

(b) be sent to the address of the person as given in the register.

PART III REGISTRATION AND REGISTRATION DOCUMENTS

Registration and issue of registration document

10. —(1) A vehicle shall not be registered under section 21 of the 1994 Act unless a fee of £55 has been paid to the Secretary of State.

(2) Paragraph (1) does not apply to a vehicle which is an exempt vehicle by virtue of paragraph 18 or 19 of Schedule 2 to the 1994 Act .

(3) The Secretary of State may register a vehicle in either the GB records or the NI records as he considers appropriate and may, if he thinks fit, remove the particulars of a vehicle included in one of those parts of the register and include them in the other.

(4) On registering a vehicle the Secretary of State shall issue a registration document to the keeper of the vehicle.

(5) Subject to paragraph (6) and regulation 11, the Secretary of State shall issue the registration document forthwith, except where the vehicle is registered in consequence of an application for a vehicle licence by the keeper of a fleet , in which case the registration document shall be issued when that person asks for it to be issued.

(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.

(6) Before issuing a registration document to the keeper of a vehicle, the Secretary of State may require him to produce the vehicle for inspection or to produce other evidence that the vehicle accords with the particulars furnished when a vehicle or nil licence was applied for in respect of it.

(7) The Secretary of State may refuse to issue a registration document or replacement registration document for a vehicle if he is not satisfied that the vehicle accords with those particulars.

Registration document

10A.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) Paragraph (3A) applies to any vehicle registered under the 1994 Act or its predecessor legislation.

(2) A registration document issued on or after IP completion day must contain the following information, unless it is not available to the Secretary of State, and be in such form, and contain such other particulars, as the Secretary of State may specify—

(a) the registration mark of the vehicle;

(b) the name and address of the keeper of the vehicle;

(c) the date of first registration of the vehicle in the United Kingdom;

(d) the date of first registration of the vehicle in, and under the law of, a country or territory outside the United Kingdom, if applicable;

(e) the following information about the vehicle—

(i) the make, type and model;

(ii) the engine cylinder capacity;

(iii) the type approval number;

(iv) the vehicle identification number;

(v) the engine number;

(vi) the chassis or frame number;

(vii) the fuel type;

(viii) the seating capacity;

(ix) the unladen weight;

(x) the maximum authorised mass.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) Notwithstanding any other provision of these Regulations, the Secretary of State may, without charge and on surrender by the registered keeper of a registration document issued before IP completion day , issue to the registered keeper a registration document ... in respect of the same vehicle if it appears proper and reasonable to him to do so.

(4) In registering for the first time on or after IP completion day a vehicle, which has been registered in a member State or Gibraltar, the Secretary of State shall recognise as a registration document a document which has been issued in respect of that vehicle by that ... member State or Gibraltar if it complies with EU law or the law of Gibraltar, as the case may be .

(5) Where the Secretary of State registers a vehicle in accordance with paragraph (4) he shall—

(a) retain the former registration document for not less than 6 months; and

(b) within 2 months of registration in the United Kingdom, notify the authorities in the member State or in Gibraltar where the vehicle was previously registered of his act of registration.

Production of vehicle for inspection before assignment of registration mark

11. Where at the request of the keeper of a vehicle a particular registration mark is to be assigned to it, having previously been assigned to another vehicle, that other vehicle shall be made available for inspection by the Secretary of State at a place designated by him, and the keeper of the first mentioned vehicle shall, before the registration mark is so assigned, pay to the Secretary of State a charge of £80 for the assignment.

Production of registration document for inspection

12. The keeper of a vehicle in respect of which a registration document has been issued shall produce the document for inspection if he is required to do so at any reasonable time by a constable or by a person acting on behalf of the Secretary of State.

Issue of replacement registration document

13. —(1) Where a registration document has been, or may have been, lost, stolen, destroyed or damaged, or it contains any particulars that have become illegible, the registered keeper shall apply to the Secretary of State for the issue of a replacement document.

(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.

(2A) An application for the issue of a replacement registration document under this regulation shall , unless the registration document fee exemption applies, be accompanied by a fee of £25 .

(3) If the Secretary of State—

(a) receives an application made in accordance with this regulation; and

(b) he is satisfied that a registration document has been, or may have been, lost, stolen, destroyed or damaged, or that it contains any particulars that have become illegible,

he shall, subject to regulations 15 and 15A and paragraph (4) , issue a replacement registration document to the registered keeper.

(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.

Correction of registration document

14. —(1) Unless when paragraph (1A) applies, where the keeper of a vehicle believes that the particulars in the registration document issued in respect of that vehicle are, or have become, inaccurate, he shall forthwith notify the Secretary of State of the inaccuracy.

(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.

(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 document fee 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 regulations 15 and 15A 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.

Issue of new registration document

15. —(1) Unless regulation 15A applies, before issuing a new registration document in respect of a vehicle under any provision of these Regulations, the Secretary of State may require the keeper of the vehicle to satisfy him by the production of the vehicle or other sufficient evidence that the vehicle—

(a) accords with the particulars furnished when a vehicle or nil licence was last applied for in respect of it; or

(b) is the registered vehicle.

(1A) Unless regulation 15A applies, before issuing a new registration document the Secretary of State may take actions to satisfy himself that the identity and address of the person seeking to be the registered keeper accords with the information given to him,

(2) The Secretary of State may refuse to issue a new registration document in respect of a vehicle if he is not satisfied as mentioned in paragraphs (1) and (1A) .

(3) Unless paragraph (3B) applies, the provisions of Schedule 3 shall have effect in relation to the issue of a new registration document in respect of a vehicle (in this regulation and in Schedule 3 called “the relevant vehicle”) where paragraph (3A) applies.

(3A) This paragraph applies where—

(a) the relevant vehicle falls within the category M1 described in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ; and

(b) either an insurer has informed the Secretary of State that it has decided to pay the pre-accident value of the relevant vehicle to the owner in preference to paying for is less than the cost of repairing it or the registration document has been surrendered to the Secretary of State under regulation 20(5).

(3B) This paragraph applies if—

(a) the relevant vehicle is a vehicle described in paragraph (3A);

(b) the insurer or the keeper of a fleet has notified the Secretary of State that the relevant vehicle is suitable for repair; and

(c) the request for a new registration document is made on or after 1st October 2015 but before 26th October 2015.

(3C) If paragraph (3B) applies, the Secretary of State must treat the request for a new registration document as made under regulation 15A except that paragraph (1) of that regulation is disapplied.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of new registration document from 26th October 2015

15A—(1) This regulation applies where a request for a new registration document is made on or after 26th October 2015.

(2) Before issuing a new registration document in respect of a vehicle under any provision of these Regulations, the Secretary of State may require the keeper of the vehicle to satisfy him by the production of the vehicle or other sufficient evidence that the vehicle—

(a) accords with the particulars furnished when a vehicle or nil licence was last applied for in respect of it; or

(b) is the registered vehicle.

(3) Before issuing a new registration document the Secretary of State may take actions to satisfy himself that the identity and address of the person seeking to be the registered keeper accords with the information given to him.

(4) The Secretary of State may refuse to issue a new registration document in respect of a vehicle if he is not satisfied as mentioned in paragraphs (2) and (3).

(5) The provisions of Schedule 3A shall have effect in relation to the issue of a new registration document in respect of a vehicle (in this regulation and in Schedule 3A called “the relevant vehicle”) where paragraph (6) applies and one of the conditions in paragraph (7) is satisfied.

(6) This paragraph applies where the relevant vehicle is—

(a) designed and constructed primarily for the carriage of passengers and their luggage, has no more than eight seats in addition to the driver's seat and has no space for standing passengers,

(b) designed and constructed primarily for the carriage of goods and has a maximum authorised mass not exceeding 3.5 tonnes, or

(c) of a type within categories L1e to L7e described in Annex 1 to Regulation (EU) 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two or three-wheel vehicles and quadricycles.

(7) The conditions are that—

(a) an insurer has informed the Secretary of State that the relevant vehicle has sustained damage;

(b) the registration document has been surrendered to the Secretary of State under regulation 20(5) (change of keeper: general provisions);

(c) the keeper of a fleet has informed the Secretary of State that the relevant vehicle has not been insured with an insurer and it has sustained damage.

PART IV NOTIFICATION AND CHANGES

Notification of an alteration to a vehicle

16.—(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 document fee 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may require the registered keeper to furnish such evidence as he may reasonably require to show that the alteration has taken place.

(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 regulations 15 and 15A 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.

Notification of destruction or permanent export of a vehicle

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.

Vehicles to which the End-of-Life Vehicles Regulations 2003 apply

17A.—(1) This regulation applies to a vehicle to which the End-of-Life Vehicles Regulations 2003 apply and which is—

(a) registered in the GB or NI records; or

(b) designed or adapted for use on a road and would be registered but for the fact that it falls within the exemption in regulation 29(2).

(2) Where a vehicle to which this regulation applies is transferred to an authorised treatment facility—

(a) if that facility is in the United Kingdom, the owner or operator thereof shall notify the Secretary of State of the issue of a certificate of destruction pursuant to regulation 27 of the End-of-Life Vehicles Regulations ...; and

(b) if that facility is in an EEA State ... , 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.

(3) Where the Secretary of State has been notified of the issue of a certificate of destruction he shall not as respects the vehicle to which it relates—

(a) record in the GB records or, in the case of a vehicle registered in Northern Ireland, in the NI records any further change of keeper;

(b) accept the required declaration in paragraph 1(1) of Schedule 4.

(4) In this regulation “ authorised treatment facility ”, “ certificate of destruction ” and “ EEA State ” have the meanings that those expressions have in the End-of-Life Vehicles Regulations 2003.

Notification of a change of the keeper’s name or address

18. —(1) If the registered keeper of a vehicle changes his name or his address, he shall forthwith notify the new name or address to the Secretary of State ...

(1A) Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1) shall be accompanied by an application for the issue of a new registration document and , except where the registration document fee exemption applies, by a fee of £25 .

(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 regulations 15 and 15A 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.

Trade licences: notification of change of holder’s name or address

19.—(1) If there is a change in the name or business address of the holder of a trade licence, the holder must forthwith notify the Secretary of State of the change and of the new name or address.

(2) On receiving the notification, the Secretary of State must record the change in the register of trade licences.

Change of keeper: general provisions

20. —(1) Regulations 21 to 25 have effect subject to the provisions of this regulation.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) So far as they provide for the issue of a new registration document, regulations 21 to 25 have effect subject to the provisions of regulation 15 and 15A .

(4) Paragraph (5) shall apply and regulations 21 to 25 shall not apply where—

(a) a vehicle has sustained structural damage and the cost of repair, or the total cost of repair and associated ancillary costs, would exceed the value of the vehicle when repaired or it has been replaced with another vehicle under a policy of insurance; and

(b) either the keeper of the vehicle does not have the benefit of a policy of insurance or cover note which covers the damage or the keeper is an insurer.

(5) On a change of keeper to which this paragraph applies the keeper shall forthwith surrender the registration document to the Secretary of State or, if an insurer, destroy it.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of keeper: registration document issued in Great Britain before 24th March 1997

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of keeper: registration document issued ... on or after 24th March 1997 and the new keeper not a vehicle trader

22. —(1) This regulation applies where—

(a) there is a change in the keeper of a vehicle;

(b) a vehicle registration document has been issued in respect of the vehicle ...; and

(c) the new keeper is not a vehicle trader.

(2) The registered keeper of the vehicle—

(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver to the Secretary of State on the remainder of the registration document, or otherwise in writing or, if the Secretary of State thinks fit, orally by telephone or by electronic means the following information —

(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper; and

(iii) a declaration ... by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct.

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a registration document in respect of the vehicle has been issued and all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document and, except where the registration document fee exemption applies, that application shall be accompanied by a fee of £25 .

(3A) An application under paragraph (3) may, if the Secretary of State thinks fit, be made orally by telephone or by electronic means.

(4) Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document ....

(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.

(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 regulations 15 and 15A 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.

Change of keeper: obligations of registered keeper where vehicle registration document issued ... on or after 24th March 1997 and the new keeper a vehicle trader

23. —(1) Subject to regulation 24, this regulation applies where—

(a) there is a change in the keeper of a vehicle;

(b) the person disposing of the vehicle is the registered keeper;

(c) a vehicle registration document has been issued in respect of the vehicle ...; and

(d) the new keeper is a vehicle trader.

(2) The registered keeper, or, a vehicle trader by or to whom the vehicle is sold or disposed of, acting on the registered keeper’s behalf, must forthwith notify the Secretary of State ... of the following—

(a) the name and address of the vehicle trader;

(b) the date on which the vehicle was transferred to the vehicle trader; and

(c) a declaration ... by the registered keeper that he transferred the vehicle to the vehicle trader on the date specified in accordance with sub-paragraph (b); ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) The Secretary of State may, if he thinks fit, accept a notification and declaration under paragraph (2) made orally by telephone or by electronic means and in any other case it must be made on that part of the registration document which relates to the transfer to a vehicle trader, or otherwise in writing.

(3) If the registration document issued in respect of the vehicle is in his possession, the registered keeper shall deliver to the vehicle trader those parts of it not required to be sent to the Secretary of State under paragraph (2).

Change of keeper: obligations of vehicle traders where registration document issued ... on or after 24 March 1997

24. —(1) This regulation applies where a vehicle trader becomes the keeper of a vehicle in respect of which a vehicle registration document has been issued ... .

(2) Where this regulation applies the vehicle trader shall, on or before the appropriate date ... ..., notify the Secretary of State as to—

(a) the transfer of the vehicle to him; and

(b) the date on which he became the keeper of the vehicle.

(2A) Where the registration document has been, or may have been, lost, stolen or destroyed, notification in accordance with paragraph (2) shall be effected by an application to the Secretary of State for the issue of a new registration document and, except where the registration document fee exemption applies, that application shall be accompanied by a fee of £25 .

(3) For the purposes of paragraph (2) the appropriate date is whichever is the earliest of—

(a) the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence;

(b) the day on which he first keeps the vehicle on such a road;

(c) the day immediately following the expiration of the period of three months (“the three months period of grace”) beginning with the day after the date on which the vehicle was last kept by a person who was not a vehicle trader.

(4) Where this regulation applies and the vehicle trader transfers the vehicle to another vehicle trader before the expiration of the three months period of grace, he shall give to the new keeper any part of the registration document in his possession.

(5) Where the vehicle trader transfers the vehicle to another person in a case not falling within paragraph (4), he shall—

(a) forthwith deliver to the Secretary of State, ... the following—

(i) the name and address of the new keeper;

(ii) the date on which the vehicle was transferred to the new keeper; and

(iii) a declaration ... by the vehicle trader that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; ...

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if the registration document issued in respect of the vehicle is in his possession, deliver to the new keeper that part of it which is marked as the part to be given to the new keeper .

(6) Where all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document and, except where the registration document fee exemption applies, that application shall be accompanied by a fee of £25 .

(7) Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document ....

(7A) The Secretary of State may, if he thinks fit, accept a notification under paragraph (2) or an application under paragraphs (2A), (6) or (7) or the information and declaration under paragraph (5)(a) made or given orally by telephone or by electronic means and in any other case—

(a) a notification under paragraph (2) must be made on that part of the registration document which relates to a change of keeper;

(b) the information and declaration under paragraph (5)(a) must be given on the part of the registration document which relates to a change of keeper or otherwise in writing;

(c) an application under paragraph (7) must be accompanied by that part of the registration document which is marked as the part to be given to the new keeper.

(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 regulations 15 and 15A 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.

Change of keeper: registration document issued in Northern Ireland

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory off-road notification

26. Schedule 4 shall have effect for the purpose of prescribing, the particulars to be furnished and the declarations to be made, and the times at which and the circumstances and manner in which they are to be made, by a person who—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) does not renew a vehicle licence on its expiration; or

(c) keeps an unlicensed vehicle.

Exceptions to section 31A

26A.—(1) The requirements prescribed for the purposes of the first condition in section 31B of the 1994 Act are whichever are applicable in the circumstances of the requirements specified in—

(a) regulation 20(5) (surrender or destruction of registration document for damaged vehicle), in so far as it requires surrender of the registration document,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulation 22(2)(b) (delivery of remainder of registration document to the Secretary of State),

(d) regulation 23(2) (notifying the Secretary of State when the transfer is to a vehicle trader),

(e) regulation 24(5) (vehicle trader notifying the Secretary of State of a transfer), and

(f) regulation 25(1)(a) (delivery of registration document and notification to the Secretary of State where the registration document was issued in Northern Ireland).

(2) The requirement prescribed for the purposes of the second condition in section 31B is the making of the required declaration and the furnishing of the prescribed particulars to the Secretary of State in accordance with Schedule 4.

(3) The requirement prescribed under subsection (6) of section 31B for the purposes of subsection (4)(c) (the third condition) is that before the expiry of 14 days beginning with the date on which the theft came to the knowledge of the registered keeper notification of the theft was given to—

(a) a member of a police force maintained for any police area in England and Wales or Scotland,

(b) a member of the Police Service of Northern Ireland, or

(c) a person employed to assist such a police force or that Police Service.

(4) The prescribed length of the period for the purpose of the fourth condition shall be 14 days.

PART V DISCLOSURE OF INFORMATION

Disclosure of registration and licensing particulars

27. —(1) The Secretary of State may make any particulars contained in the register available for use—

(a) (i) by a local authority for any purpose connected with the investigation of an offence,

(ii) by a local authority in Scotland, for any purpose connected with the investigation of a decriminalised parking contravention, or

(iii) by a local authority in England and Wales, for any purpose connected with its activities as an enforcement authority within the meaning of Part 6 of the Traffic Management Act 2004;

(aa) by the Department for Regional Development for any purpose connected with—

(i) the investigation of a contravention to which Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (contraventions subject to penalty charges) applies; or

(ii) the exercise of the Department’s powers under Article 18(1)(b) or 21(1)(b) of that Order (immobilisation or removal of vehicles);

(b) by a chief officer of police;

(c) by a member of the Police Service of Northern Ireland;

(d) by an officer of Customs and Excise ...; ...

(da) on or after 30th April 2010 or the date of coming into force of section 144A of the 1988 Act (whichever is later), by the Motor Insurers’ Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929) for any purpose connected with the exercise of any of the functions of the Secretary of State relating to the enforcement of an offence under section 144A of the 1988 Act; or

(e) by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

(2) Particulars may be provided to such a person as is mentioned in paragraph (1)(e) on payment of such fee, if any, of such amount as appears to the Secretary of State reasonable in the circumstances of the case.

(3) In this regulation—

(a) “a decriminalised parking contravention” means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991, that is to say—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and

(iv) paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London); and

(b) “an officer of Customs and Excise” means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979 and includes any person engaged as mentioned in section 8(2) of that Act.

Exchange of information

27A. The Secretary of State may disclose such information, contained in the register, that he is required to disclose to comply with Article 9 of the Directive .

Cross border exchange of information on road safety related traffic offences

27B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of information derived from particulars contained in the register

28. The Secretary of State may sell information derived from particulars contained in the register—

(a) to such persons as the Secretary of State thinks fit;

(b) for such price and on such other terms, and subject to such restrictions, as the Secretary of State thinks fit,

if the information does not identify any person or contain anything enabling any person to be identified.

PART VI CROWN VEHICLES AND EXEMPT VEHICLES

Application of Regulations to Crown vehicles

29. —(1) Except as provided by this Part of these Regulations, nothing in these Regulations applies to a vehicle kept by the Crown.

(2) Nothing in these Regulations or this Part of these Regulations applies to a vehicle kept by the Crown which is used or appropriated for use for naval, military or air force purposes.

Registration of Crown vehicles

30. —(1) A Government Department which uses or keeps or, intends to use or keep, a vehicle on a public road shall—

(a) make to the Secretary of State such declaration and furnish him with such particulars as would be required by section 7 of the 1994 Act if the Department desired to take out a vehicle licence for the vehicle; and

(b) make to the Secretary of State a declaration that the vehicle is only to be used for the purposes of the Crown.

(2) Upon receipt of the declaration and particulars the Secretary of State shall—

(a) register the vehicle in the name of the Government Department;

(b) if there is no registration markfor the time being assigned to the vehicle, assign a registration mark to it; and

(c) issue a registration document for the vehicle.

(3) Any registration mark assigned under paragraph (2) shall be deemed to be assigned under section 23 of the 1994 Act for the purposes of subsection (2) of that section and of these Regulations.

(4) No vehicle licence or nil licence shall be issued by the Secretary of State in respect of the vehicle so registered.

(5) Where a Government department is the registered keeper of a vehicle—

(a) regulations 13, 14, 15, 15A, 16 and 18 shall apply;

(b) regulations 20, 21, 22, 23, 24 and 25 shall apply on a change in the keeper of a vehicle; and

(c) regulations 20, 21, 22 and 25 shall apply on a change in the keeper of a vehicle from one Government department to another.

Certificates of Crown exemption

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Regulations to exempt vehicles

32. Subject to the provisions of these Regulations, these Regulations shall apply to exempt vehicles so far as they are capable of being applied to such vehicles.

Nil licences

33. —(1) In this regulation “nil licensable vehicle” means a vehicle which is an exempt vehicle otherwise than by virtue of paragraph 2, 2A, 3, 20G, in so far as it applies to an electric scooter being used in a trial, 22 or 23 of Schedule 2 to the 1994 Act.

(1A) In, and in relation to, paragraph (1)—

“ electric scooter” means a vehicle which—

“local public authority” means—

“trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of—

(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) Subject to paragraph (3A), a nil licence must 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.

(3A) A first nil licence may be granted for a period—

(a) in accordance with paragraph (3) , or

(b) consisting in the aggregate of 12 months commencing with the relevant month and the appropriate number of days.

(3B) In paragraph (3A)—

“first nil licence” means a nil licence for a vehicle on the issue of which the vehicle is first registered under the 1994 Act;

“the relevant month” means the month immediately following the month in which the nil licence first has effect; and

“the appropriate number of days” is the number of days between the tenth or seventeenth or twenty-fourth day (as appropriate) of the month in which the nil licence first has effect and the last day of that month (inclusive of both those days).

(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.

(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 componentfor 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Exemptions from vehicle excise duty: vehicles imported by members of foreign armed forces and others

34. Schedule 5, which provides for the exemption from vehicle excise duty of vehicles imported into Great Britain by members of foreign armed forces and other persons, shall have effect.

PART VII TRADE LICENCES

Definition of “motor trader”: descriptions of businesses

35. The following descriptions of business are hereby prescribed for the purposes of sub-paragraph (b) of the definition of “motor trader” in section 62(1) of the 1994 Act—

(a) the business of modifying vehicles, whether by the fitting of accessories or otherwise;

(b) the business of valetingvehicles.

Period for review of decision refusing an application for a trade licence

36. For the purposes of section 14(3)(b) of the 1994 Act (which relates to the review by the Secretary of State of his decision refusing an application for a trade licence by a person entitled to make such an application) the period within which such an applicant may request the Secretary of State for such a review shall be 28 days beginning with the day after the day on which the decision was given.

Conditions subject to which trade licences are to be issued

37. The conditions subject to which trade licences are to be issued, and with which every holder of a trade licence shall comply, shall be those specified in Part I of Schedule 6.

Purposes for which the holder of a trade licence may use a vehicle by virtue of the licence

38. Part II of Schedule 6 shall have effect for prescribing the purposes for which a vehicle may be used by virtue of a trade licence.

Assignment of general registration marks

39. On issuing a trade licence the Secretary of State shall assign to the holder of the licence a general registration mark in respect of that licence.

Issue of trade plates

40. —(1) Subject to paragraphs (3) and (4), the Secretary of State shall issue to every holder of a trade licence, as respects each licence held by him, a set of trade plates appropriate to the class of vehicles for which the licence is to be used.

(2) Each trade plate shall show the general registration mark assigned to the holder of the licence in respect of the licence ....

(3) Where the holder of a trade licence satisfies the Secretary of State that the vehicles which he will use by virtue of the licence include vehicles which would otherwise be liable to vehicle excise duty under paragraph 2 of Schedule 1 to the 1994 Act (motorcycles) and other vehicles, the Secretary of State shall issue to the holder an additional trade plate in respect of the vehicles otherwise liable to vehicle excise duty under that paragraph.

(4) Where the licence is to be used only in respect of vehicles to which paragraph 2 of Schedule 1 to the 1994 Act applies (motorcycles), the Secretary of State shall issue only one trade plate to the holder of the licence ...

(5) Each trade plate shall remain the property of the Secretary of State and shall be returned forthwith to the Secretary of State by the person to whom it was issued if that person ceases to be—

(a) the holder of the trade licence in respect of which the trade plate was issued; or

(b) a motor trader or a vehicle tester.

Issue of replacement trade plates

41. —(1) If any trade plate issued by the Secretary of State to the holder of a trade licence is lost, stolen, destroyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement set of trade plates.

(2) On receipt of an application under paragraph (1) the Secretary of State shall so issue a replacement set if—

(a) he has received all those trade plates in the set which are still in the possession of the holder of the licence;

(b) except where paragraph (3) applies, the fee prescribed by paragraph (4) has been paid; and

(c) he is satisfied that any plate has been lost, stolen, destroyed or materially damaged.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable under paragraphs (2) and (3) shall be—

(a) for a replacement set of trade plates comprising two plates, £13.50;

(b) for a replacement set of trade plates comprising three plates, £18;

(c) for a replacement of a single trade plate issued under regulation 40(4), £7; ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No fee shall be payable under paragraph (4)(a) or (b) on account of the replacement of a trade plate, if the Secretary of State is satisfied that the plate has become illegible or the colour of the plate has been altered (whether by fading or by other means) otherwise than by reason of any act or omission of the licence holder.

(6) If a replacement set of trade plates has been issued on the ground that any of the original trade plates has been lost, stolen or destroyed, and the original plate is subsequently found or recovered, the holder of the licence—

(a) if the original plate is in his possession, shall forthwith return it to the Secretary of State, or

(b) if it is not in his possession but he becomes aware that it is found or recovered, shall take all reasonable steps to obtain possession of it and return it to the Secretary of State.

Display of general registration mark of holder of a trade licence

42. —(1) Where a vehicle is in use under a trade licence the general registration mark assigned to the holder of a trade licence shall be displayed on the vehicle in the manner specified in paragraph (2).

(2) The trade plates issued by the Secretary of State shall be fixed to and displayed on the vehicle in such a manner that, if the general registration mark assigned to the holder were a registration mark assigned to the vehicle, the provisions of regulations 5 and 6 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (the “2001 Regulations”) would be complied with, notwithstanding the vehicle may not have been first registered on or after the relevant date, as defined in regulation 2(1) of the 2001 Regulations, or it is a works truck (as defined by paragraph 4(6) of Schedule 1 to the 1994 Act) or an agricultural machine (as defined by regulation 2(1) of the 2001 Regulations) or a road roller.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIII MISCELLANEOUS

Cylinder capacity

43. —(1) For the purposes of Schedule 1 to the 1994 Act (annual rates of vehicle excise duty) the cylinder capacity of an internal combustion engine shall be taken to be—

(a) in the case of a single-cylinder engine, the cylinder capacity attributable to the cylinder of the engine; and

(b) in the case of an engine having two or more cylinders, the sum of the cylinder capacities attributable to the separate cylinders.

(2) The cylinder capacity attributable to any cylinder of an internal combustion engine shall be deemed to be equal to—

(a) in the case of a cylinder having a single piston, the product expressed in cubic centimetres of the square of the internal diameter of the cylinder measured in centimetres, and the distance through which the piston associated with the cylinder moves during one half of a revolution of the engine measured in centimetres multiplied by 0.7854; and

(b) in the case of a cylinder having more than one piston, the sum of the products expressed in cubic centimetres of the square of the internal diameter of each part of the cylinder in which a piston moves measured in centimetres, and the distance through which the piston associated with that part of the cylinder moves during one half of a revolution of the engine measured in centimetres multiplied by 0.7854.

(3) In measuring cylinders for the purpose of calculating cylinder capacity, and in calculating cylinder capacity, fractions of centimetres are to be taken into account.

Seating capacity of buses

44. —(1) For the purpose of Part III of Schedule 1 to the 1994 Act (annual rates of vehicle excise duty applicable to buses), the seating capacity of a bus shall be taken to be the number of persons that may be seated in the bus at any one time, as determined in accordance with the principles specified in paragraph (2).

(2) Those principles are—

(a) where separate seats for each person are provided one person shall be counted for each separate seat provided;

(b) where the vehicle is fitted with continuous seats one person shall be counted for each complete length of 410 mm measured in a straight line lengthwise on the front of each seat;

(c) where any continuous seat is fitted with arms in order to separate the seating spaces and the arms can be folded back or otherwise put out of use, the arms shall be ignored in measuring the seat;

(d) no account shall be taken of—

(i) the driver’s seat; or

(ii) any seats alongside the driver’s seat, whether separate from or continuous with it, if the Secretary of State is satisfied that the use of those seats by members of the public will not be permitted during the currency of the licence applied for.

(3) In paragraph (2) “driver’s seat” means—

(a) any separate seat occupied by the driver; or

(b) where no such seat is provided and the driver occupies a portion of a continuous seat, so much of that seat as extends from the right edge of the seat if the vehicle is steered from the right-hand side, or from the left edge of the seat if the vehicle is steered from the left-hand side, to a point 460 mm left or right, as the case may be, of the point on the seat directly behind the centre of the steering column.

Recovery vehicles: prescribed purposes

45. —(1) The purposes specified in Part I of Schedule 7 are hereby prescribed for the purposes of paragraph 5(3)(e) of Schedule 1 to the 1994 Act (purposes for which a recovery vehicle may be used).

(2) The purposes specified in Part II of Schedule 7 are hereby prescribed for the purposes of paragraph 5(4) of Schedule 1 to the 1994 Act (purposes to be disregarded in determining whether a vehicle is a recovery vehicle).

Admissibility of evidence from records

46. —(1) The matters specified in paragraph (2) are hereby prescribed for the purposes of section 52(1) of the 1994 Act (matters with respect to which statements in documents are admissible in evidence).

(2) The matters are anything relating to—

(a) an application for—

(i) a vehicle licence;

(ii) a trade licence;

(iii) a repayment of vehicle excise duty under section 19 of the 1994 Act (surrender of licences); or

(iv) the recovery of overpaid vehicle excise duty;

(b) a vehicle licence, trade licence, nil licence, registration document or registration mark;

(c) a trade plate;

(d) the recovery of underpaid vehicle excise duty;

(e) the conviction of any person for an offence under the 1994 Act or its predecessor legislation;

(f) the exemption of a vehicle from vehicle excise duty;

(g) the liability of the person by whom a vehicle is kept to pay any sum in accordance with section 30 of the 1994 Act;

(h) the immobilisation, removal or disposal of a vehicle pursuant to regulations made under Schedule 2A to the 1994 Act.

Regulations prescribed under section 59(2) of the 1994 Act

47. The regulations specified in column (1), whose subject matter is referred to in column (2), of the table in Schedule 8 are hereby prescribed as regulations to which section 59(2)(a) of the 1994 Act (fines not to exceed level 3 on the standard scale) applies .

Review

48—(1) The Secretary of State must from time to time carry out a review of the provisions listed in paragraph (2).

(2) The listed provisions are—

(a) regulation 15(1) and (3) to (3C) (issue of a new registration document before 26th October 2015);

(b) regulation 15A (issue of a new registration document from 26th October); and

(c) Schedule 3A (duties of the insurer, keeper and Secretary of State in relation to the issue of a new registration document from 26th October).

(3) The Secretary of State must—

(a) set out the conclusions of the review carried out in accordance with paragraph (1) in a report; and

(b) publish the report.

(4) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those provisions;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(5) The first report under this regulation must be published before the end of the period of five years beginning with the day on which the provisions listed under paragraph (2) come into force.

(6) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Regulation 2

SCHEDULE 1 REGULATIONS REVOKED

PART I Great Britain Regulations Wholly Revoked

PART II Great Britain Regulations Partially Revoked

PART III Northern Ireland Regulations Wholly Revoked

Regulation 5

SCHEDULE 2 REDUCED POLLUTION CERTIFICATES AND THE REDUCED POLLUTION REQUIREMENTS

Interpretation of Schedule

1. —(1) In this Schedule—

• “authorised examiner” means—

  (a)

  a vehicle examiner appointed by the Secretary of State pursuant to section 66A of the 1988 Act ;

  (b)

  a vehicle examiner appointed by the Department of the Environment for Northern Ireland pursuant to Article 74 of the Road Traffic (Northern Ireland) Order 1995 ; or

  (c)

  a person authorised by the Secretary of State to conduct reduced pollution examinations;

• “diesel engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/ EC ;

• “Directive 1999/96” means Directive 1999/96/EC of the European Parliament and of the Council of 13th December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and against the emission of gaseous and particulate pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC ;

• “Directive 2005/55/ EC ” means Directive 2005/55/ EC of the European Parliament and of the Council of 28th September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles;

• “Directive 2005/78/ EC ” means Commission Directive 2005/78/ EC of 14th November 2005 of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II , III , IV and VI thereto;

• “eligible vehicle” means a vehicle which is an eligible vehicle as defined by section 61B(4) of the 1994 Act;

• “gas engine” has the same meaning as that expression bears in section 2.1 of Annex I to Directive 2005/55/ EC ;

• “limit value” has the same meaning as in Directive 2005/55/ EC ;

• “prescribed adaptation” means an adaptation of a description specified in paragraph 4(2) or 4A(b)(ii) ;

• “prescribed declarations” means—

  (a)

  a declaration by the responsible person that the prescribed information is correct in relation to a particular eligible vehicle; and

  (b)

  a declaration by the person applying for the reduced pollution certificate that—

  (i)

  that same vehicle has not been modified so as to affect the gaseous emissions engine type approval; and

  (ii)

  the information provided in accordance with paragraph 3(3) is correct;

• “prescribed fee” means the fee prescribed by paragraph 13;

• “prescribed information” means the engine type reference of the vehicle, the number of the Gaseous Emissions Engine Type Approval Certificate with which the vehicle conformed on construction and the name and address of the manufacturer or import concessionaire of the vehicle;

• “rectification notice” has the meaning given by paragraph 9(1);

• “reduced pollution examination” means an examination of an eligible vehicle for the purpose of determining whether a reduced pollution certificate should be issued for that vehicle”;

• “registered” in relation to an eligible vehicle means registered under section 21 of the 1994 Act;

• “Regulation ( EC ) 595/2009 ” means Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18th June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI ) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/ EC and repealing Directives 80/1269/ EEC , 2005/55/ EC and 2005/78/ EC .

• “Regulation ( EU ) 582/2011” means Commission Regulation ( EU ) No 582/2011 of 25th May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI ) and amending Annexes I and III to Directive 2007/46/ EC of the European Parliament and of the Council.

• “responsible person” means a person authorised to make a declaration on behalf of the manufacturer or import concessionaire of an eligible vehicle;

• “vehicle identification number” has the same meaning as in regulation 67 of the Road Vehicles (Construction and Use) Regulations 1986 or in regulation 80 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 ; and

a reference, in whatever terms, to an eligible vehicle which satisfies or does not satisfy the reduced pollution requirements is to an eligible vehicle with respect to which the reduced pollution requirements are, or are not, satisfied.

(2) For the purposes of this Schedule and of regulation 5, a reduced pollution certificate shall be deemed to be issued, and a notice or notification shall be deemed to be given, by an authorised examiner if it is signed by that examiner or on behalf of that examiner by a person authorised by him to sign it on his behalf.

Specified cases

1A.—(1) Where in a particular case the Secretary of State so specifies, the determination of whether to issue a reduced pollution certificate upon an application in respect of an eligible vehicle shall only be made after a reduced pollution examination.

(2) A case which is specified under sub-paragraph (1) is referred to in this Schedule as a “specified case”.

Applications for reduced pollution certificates

2. —(1) An application for a reduced pollution certificate shall be made to the Secretary of State and shall be accompanied by the prescribed fee, the information specified in paragraph 3(3) and, except in a specified case, the prescribed information and the prescribed declarations .

(2) In a specified case or where the applicant requests that a reduced pollution examination is carried out, The Secretary of State shall fix the time when and the place where a reduced pollution examination is to be carried out and shall inform the applicant accordingly.

(3) The Secretary of State may by notice to the applicant alter the time or place fixed for the examination, but shall not alter the time to an earlier time without the consent of the applicant.

Reduced pollution examinations

3. —(1) A reduced pollution examination shall be carried out by an authorised examiner.

(2) An authorised examiner may refuse to examine an eligible vehicle if—

(a) the vehicle is not presented at the time and place appointed for the examination;

(b) the prescribed fee has not been paid;

(c) the information specified in sub-paragraph (3) has not been provided;

(cc) a reduced pollution certificate has previously been issued in respect of the vehicle and the last such certificate issued is not surrendered;

(d) the person presenting the vehicle is not willing, to the extent necessary for the purpose of properly carrying out the examination,—

(i) to give the examiner access to the engine and the fuel and exhaust systems,

(ii) to operate the controls of the vehicle, or

(iii) generally to co-operate with the examiner;

(e) the vehicle is in so dangerous or dirty a condition that the examination cannot be carried out properly;

(f) the vehicle has insufficient fuel or oil in it for the examination to be carried out; or

(g) the vehicle’s engine has failed electrically or mechanically.

(3) The information referred to in sub-paragraph (2)(c) is—

(a) the name and address (including post code) of the applicant;

(b) the registration mark of the vehicle (if the vehicle has been registered);

(c) the make and model of the vehicle;

(d) the vehicle identification number of the vehicle;

(e) the date of manufacture of the vehicle; and

(f) particulars of any prescribed adaptation made to the vehicle, whereby it is claimed that the vehicle satisfies the reduced pollution requirements.

The reduced pollution requirements

3A.—(1) An eligible vehicle satisfies the reduced pollution requirements for the purposes of the 1994 Act at any time—

(a) if paragraph 4 or 4A applies to it; or

(b) on or before 31st December 2016 if paragraph 4C applies to it; or

(c) on or after 1st January 2017 if—

(i) paragraph 4C applies to it; and

(ii) a vehicle licence taken out for that vehicle on or before 1st December 2016 is still in force.

...

4. —(1) This paragraph applies to an eligible vehicle where, as a result of an adaptation of a description specified in paragraph (2) having been made to it after 17th March 1998, it satisfies the reduced pollution requirements in accordance with sub-paragraph (3) or (4).

(2) The adaptation referred to in sub-paragraph (1) is—

(a) the fitting of a new engine to an eligible vehicle; or

(b) the fitting to the engine of an eligible vehicle of a device, for which there is in force a certificate of conformity issued by the manufacturer of the vehicle under section 57 of the 1988 Act on the basis that the device complies with approval requirements prescribed for the purpose of these Regulations by the Secretary of State in regulations made by him under section 54 of that Act.

(3) An eligible vehicle—

(za) which is registered before 1st October 2006;

(a) for which a reduced pollution certificate was not in force on 4th January 2001; and

(b) which at the time that it was registered was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 1 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

(4) An eligible vehicle—

(za) which is registered before 1st October 2006;

(a) for which a reduced pollution certificate was in force on 4th January 2001; and

(b) which at the time that it was registered was required to comply or did comply, as to the rate and content of its emissions, with the requirements specified in an instrument referred to in column (2) of an item in Table 2 below,

satisfies the reduced pollution requirements if it is so adapted that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.

(5) An eligible vehicle which was registered before 1st April 1991 shall be taken—

(a) if it is a vehicle such as is referred to in paragraph (3), to be a vehicle to which item 1 of Table 1 applies; or

(b) if it is a vehicle such as is referred to in paragraph (4), to be a vehicle to which item 1 of Table 2 applies.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A. This paragraph applies to an eligible vehicle which—

(a) is registered before 1st October 2009; and

(b) complies with the requirements of paragraph 4B as a result of—

(i) its design, construction or equipment as manufactured; or

(ii) an adaptation made to the vehicle after 30 ^th September 2006 which—

(aa) affects the durability or in-service conformity of the engine control system,

(bb) affects or introduces an on-board diagnostic system,

(cc) affects or introduces a sensor for the detection of oxides of nitrogen, or

(dd) otherwise concerns the system for controlling or managing the emissions of the vehicle.

4B. The requirements of this paragraph, in relation to an eligible vehicle, are that—

(a) the vehicle complies with the limit values in section 6.2.1 of Annex I to Directive 2005/55/ EC in accordance with that Directive and as set out—

(i) in the case of a vehicle propelled by a diesel engine, in row B2 of table 1 and row B2 of table 2 of the Directive; and

(ii) in the case of a vehicle propelled by a gas engine, in row B2 of table 2 of the Directive;

(b) an on-board diagnostic system as described in Article 4(2) of Directive 2005/55/ EC is fitted to the vehicle in accordance with the requirements of Annex IV to Directive 2005/78/ EC ; and

(c) the vehicle meets the requirements of section 6.5 of Annex 1 to Directive 2005/55/ EC .

4C. This paragraph applies to an eligible vehicle which—

(a) is registered on or before 31st December 2013; and

(b) complies with the requirements of paragraph 4D as a result of—

(i) its design, construction or equipment as manufactured; or

(ii) an adaptation made to the vehicle after 1st January 2012.

4D. The requirements of this paragraph, in relation to an eligible vehicle, are that—

(a) the vehicle complies with the emission limit values in Annex I to Regulation ( EC ) 595/2009 ; and

(b) the vehicle meets the requirements of Annex XIII to Regulation ( EU ) 582/2011 (requirements to ensure the correct operation of measures to control emissions of oxides of nitrogen); and

(c) an engine is fitted to the vehicle which—

(i) meets the requirements of Annex V to Regulation ( EU ) 582/2011 (requirements relating to emissions of crankcase gases); and

(ii) when combined with the vehicle’s associated systems, meets the requirements specified in—

(aa) Annex VI to Regulation ( EU ) 582/2011 (requirements to limit off-cycle emissions and in-use emissions); and

(bb) Annex VII to Regulation ( EU ) 582/2011 (requirements relating to the durability of engine systems); and

(iii) has an on-board diagnostic system meeting the requirements specified in Annex X to Regulation ( EU ) 582/2011; and

(d) any replacement pollution control device which is fitted to it is type approved in accordance with the requirements of Annex XI to Regulation ( EU ) 582/2011.

Determination of applications and issue of certificates or notification of refusal

5. —(1) Except in a specified case or where the applicant requests that a reduced pollution examination is carried out, an authorised examiner shall, on the basis of the prescribed information and the prescribed declarations, determine whether to issue a reduced pollution certificate.

(2) An authorised examiner ... shall issue a reduced pollution certificate to the applicant if and only if he is satisfied that an eligible vehicle satisfies the reduced pollution requirements.

(3) Subject to sub-paragraph (3A), a reduced pollution certificate shall be granted for such period as the Secretary of State may determine.

(3A) A reduced pollution certificate for an eligible vehicle to which paragraph 4C applies—

(a) shall not be granted for a period which expires after 30th November 2017; and

(b) if issued on or after 1st January 2016, shall be granted for a period which expires at the end of 30th November 2017.

(4) If an authorised examiner is not satisfied that an eligible vehicle ... satisfies the reduced pollution requirements, he shall notify the applicant of his refusal of the application and of the reasons for it.

Contents of a reduced pollution certificate

6. A reduced pollution certificate shall contain the following information—

(a) the registration mark of the eligible vehicle;

(b) the date on which the certificate expires;

(c) the make and model of the vehicle;

(d) the vehicle identification number;

(e) particulars of any prescribed adaptation that has been made to the vehicle;

(f) the emission standard with which the vehicle complies;

(g) if appropriate, the vehicle testing station or other place at which the reduced pollution examination was conducted.

Reduced pollution certificate to be conclusive

7. —(1) Subject to sub-paragraph (1A), if at any time a reduced pollution certificate is in force for an eligible vehicle which is registered, that certificate shall be conclusive evidence that the vehicle satisfies the reduced pollution requirements at that time.

(1A) If the reduced pollution certificate was issued because the vehicle met the reduced pollution requirements by virtue of paragraph 4C applying to it, on or after 1st January 2017 that certificate shall be conclusive evidence that the vehicle satisfies the reduced pollution requirements only if it meets the condition in paragraph 3A(1)(c)(ii).

(2) If at any time no reduced pollution certificate is in force for an eligible vehicle, that fact shall be conclusive evidence that the vehicle does not satisfy the reduced pollution requirements at that time.

Re-examination of an eligible vehicle for which a reduced pollution certificate is in force

8. —(1) An authorised examiner may at any time by notice require the registered keeper of an eligible vehicle for which a reduced pollution certificate is in force to submit it, at a place and within a period specified in the notice (or at such other place or within such longer period as may be agreed by the Secretary of State), for a re-examination for the purpose of determining whether it still satisfies the reduced pollution requirements.

(2) Paragraphs 2(3) and 3(2) (except paragraph 3(2)(b)) apply to a re-examination under this paragraph.

(3) If an eligible vehicle for which a reduced pollution certificate is in force is found after a re-examination under this paragraph to satisfy the reduced pollution requirements, the authorised examiner who carried out the re-examination shall give notice to that effect to the registered keeper or to the person who brought the vehicle to the re-examination and to the Secretary of State.

(4) For the purposes of this paragraph “re-examination” includes an examination of an eligible vehicle not previously examined.

Rectification notice

9. —(1) If, after an examination under paragraph 8 or otherwise, an eligible vehicle for which a reduced pollution certificate is in force is found no longer to satisfy the reduced pollution requirements, the authorised examiner who carried out the examination shall give notice (“a rectification notice”) to that effect to the registered keeper or the person who brought the vehicle to the examination.

(2) A rectification notice shall state in what respect the vehicle was found not to satisfy the reduced pollution requirements.

(3) A rectification notice shall state that, unless the vehicle is submitted for a further examination, at the place and within the period specified in the notice (or at such other place) or within longer period as may be agreed by the Secretary of State), and is found at that further examination to satisfy the reduced pollution requirements, the Secretary of State will at the expiration of that period revoke the reduced pollution certificate for the vehicle.

(4) Paragraphs 2(3) and 3(2) apply to an examination under sub-paragraph (3).

Revocation, surrender and cancellation of a reduced pollution certificate

10. —(1) Subject to paragraph 10A, the Secretary of State may by notice given to the registered keeper revoke a reduced pollution certicate—

(a) if he is satisfied, in consequence of a re-examination under paragraph 9(3) that an eligible vehicle for which the reduced pollution certificate is in force no longer satisfies the reduced pollution requirements; or

(b) if the registered keeper of an eligible vehicle who has been required to submit it for re-examination under paragraph 8 or following a rectification notice has failed to do so in accordance with this Schedule.

(2) A reduced pollution certificate which has been revoked by notice under paragraph (1) shall cease to have effect on the date specified for that purpose in the notice.

(3) Where a notice has been given in respect of the eligible vehicle under paragraph 8(1) or 9(3), the notice under paragraph (1) shall not be given before the end of the period for submitting the vehicle for a further examination specified in the notice under paragraph 8(1) or, as the case may be, 9(3).

(4) The registered keeper of a vehicle for which a reduced pollution certificate is in force may at any time surrender the certificate to the Secretary of State for cancellation, whereupon the certificate shall cease to have effect.

(5) Where a certificate is revoked in accordance with paragraph (1) the registered keeper shall surrender the certificate to the Secretary of State for cancellation within the period specified for this purpose in the notice given under paragraph (1).

10A. —(1) Where pursuant to regulation 5(1) an applicant furnishes a reduced pollution certificate in respect of a vehicle which is not registered, the Secretary of State shall revoke that certificate if he is satisfied that it relates to an eligible vehicle which does not fall within paragraph 4(3) or (4).

(2) Where the Secretary of State revokes a reduced pollution certificate under sub-paragraph (1) he shall cancel that certificate, whereupon it shall cease to have effect.

Replacement certificates

11. At any time when a reduced pollution is in force in respect of a vehicle the Secretary of State may, on surrender of the certificate or its identifiable remains, issue a replacement certificate for the remainder of the period for which the surrendered certificate was in force.

Appeal against refusal or revocation of a certificate

12. —(1) A person aggrieved by a refusal to issue a reduced pollution certificate ..., or by the revocation of a reduced pollution certificate, may appeal to the Secretary of State.

(2) An appeal shall—

(a) be made before the expiration of the period of 14 days beginning with the day on which an authorised examiner gives notice under paragraph 5(4) or the Secretary of State gave notice under paragraph 10(1);

(b) state the grounds on which it is made; and

(c) be sent by post or facsimile transmission to the Secretary of State—

(i) at such office of the Driver and Vehicle Standards Agency as he may direct , in the case of a vehicle which was examined in Great Britain; or

(ii) at the Driver and Vehicle Testing Agency, Headquarters, Balmoral Road, Belfast BT12 6QL, in the case of a vehicle which was examined in Northern Ireland.

(3) As soon as reasonably practicable after the receipt of an appeal made in accordance with sub-paragraph (2) the Secretary of State shall notify the appellant of—

(a) the place at which the examination for the purposes of the appeal will take place; and

(b) the time when it will start.

(4) The examination shall be carried by a person who has not previously examined the vehicle and who is—

(a) in the case of an examination carried out in Great Britain, authorised by the Secretary of State to carry out examinations for the purposes of this paragraph; or

(b) in the case of an examination carried out in Northern Ireland, an authorised examiner.

(5) At the conclusion of an examination under this paragraph the Secretary of State shall either issue a reduced pollution certificate or give the appellant notice that the appeal is dismissed and the grounds of dismissal.

(6) Paragraphs 2(3) and 3(2) apply to an examination under this paragraph.

Prescribed fees

13. —(A1) The prescribed fee for a determination of an application for a reduced pollution certificate, other than in a specified case or where the applicant requests that a reduced pollution examination is carried out, shall be £32.

(1) Subject to sub-paragraphs (2), (3) and (3A) the prescribed fee for a determination of an application for a reduced pollution certificate in a specified case or where the applicant requests that a reduced pollution examination is carried out in respect of an eligible vehicle under this Schedule (except an examination under paragraph 8, for which no fee shall be payable) shall be—

(a) £42 , except in a case falling within paragraph (b);

(b) £25 , if it is carried out at the same time as an examination of the vehicle—

(i) for the purposes of determining whether a certificate of initial fitness should be issued under section 6 of the Public Passenger Vehicles Act 1981 or a public service vehicle licence should be granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981 ;

(ii) for the purposes of an examination carried out for the purposes of section 45 of the 1988 Act , Article 61(1) of the Road Traffic (Northern Ireland) Order 1995 (test certificates); or

(iii) for one or more of the purposes mentioned in section 49(1) of the 1988 Act or Article 65 of the Road Traffic (Northern Ireland) Order 1995 (plating and testing of goods vehicles).

(2) If, at the request of the applicant, the time appointed for an examination is out of hours, the fee payable under sub-paragraph (1) shall be increased by £12 .

(3) If, at the request of the applicant, an examination is carried out otherwise than at premises provided by the Secretary of State under section 52(2)(a) of the 1988 Act the fee payable under sub-paragraph (1)(a) shall be reduced by £12, and the fee payable under sub-paragraph (1)(b) shall be reduced by £7.

(3A) In the case of an examination carried out in Northern Ireland the fee payable under sub-paragraph (1)(a) shall be reduced by £8, and the fee payable under sub-paragraph (1)(b) shall be reduced by £5.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) in sub-paragraph (2) “out of hours” means—

(a) at any time on Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday (as defined by the Banking and Financial Dealings Act 1971), or any other day on which tests are not normally conducted at vehicle testing stations; or

(b) on any other day except between 6.00 am and 8.00 pm.

(5) Sub-paragraphs (2), (3) and (4) do not apply in Northern Ireland.

Regulation 15(3)

SCHEDULE 3 ISSUE OF NEW REGISTRATION DOCUMENT

Duty of the Secretary of State

1. Where this Schedule has effect, before issuing a new registration document for the relevant vehicle, the Secretary of State—

(a) shall require the keeper of the relevant vehicle to produce the vehicle for examination by a person authorised by the Secretary of State at a time and place fixed by the Secretary of State and notified to the keeper; and

(b) may require the keeper to provide such other evidence as he may specify,

for the purpose of ascertaining whether the relevant vehicle is the registered vehicle concerned.

Examination of vehicle

2. A person authorised by the Secretary of State to conduct an examination under paragraph 1(a) may refuse to conduct the examination if—

(a) the Secretary of State has not received an application form completed and signed by or on behalf of the keeper and containing such information as the Secretary of State may specify;

(b) the vehicle is not presented at the time and place appointed for the examination;

(c) the prescribed fee has not been paid;

(d) the person presenting the vehicle is not willing, to the extent necessary for the purpose of properly carrying out the examination,—

(i) to give the person authorised to conduct the examination access to the engine and the fuel and exhaust systems,

(ii) to operate the controls of the vehicle, or

(iii) generally to co-operate with that person;

(e) the vehicle is obviously unroadworthy;

(f) the vehicle is in so dangerous or dirty a condition that the examination cannot be carried out safely and properly;

(g) the vehicle has insufficient fuel or oil in it for the examination to be carried out; or

(h) the vehicle’s engine has failed electrically or mechanically.

Determination of the Secretary of State

3. —(1) The Secretary of State, having considered the report of the person who conducted any examination under paragraph 1(a) and the evidence (if any) provided under paragraph 1(b), shall give notice of his decision as to whether or not he is satisfied that the vehicle is the relevant vehicle.

(2) The Secretary of State’s notification of a decision that he is not so satisfied shall state—

(a) the reasons for his decision;

(b) that the keeper of the vehicle may appeal against the decision on the ground that the reasons given are insufficient or that there has been an error in the conduct of the examination or the consideration of evidence;

(c) the name and address of the person to whom an appeal against the decision may be made; and

(d) that notice of the appeal stating the grounds on which it is made must be received by that person before the last day of the period of 28 days beginning with the day on which notification of the decision is sent or such later date as the Secretary of State may determine.

Appeals

4. —(1) Where an appeal is received in accordance with paragraph 3(2)(d), the Secretary of State shall authorise a person (“the appeal officer”) to determine the appeal on his behalf.

(2) The appeal officer shall be an individual who has not previously examined the relevant vehicle or been involved in any other way in the taking of the decision appealed against.

(3) The appeal officer shall require the appellant to produce the relevant vehicle for re-examination by him at a specified time and place and may also require him—

(a) to produce the evidence provided under paragraph 1(b) for re-consideration; or

(b) to provide such other evidence as the appeal officer may specify.

(4) Paragraph 2 applies to a re-examination of the relevant vehicle on appeal.

(5) The appeal officer, having examined the relevant vehicle and considered the evidence (if any) provided to him, shall notify the appellant of his decision as to whether or not he is satisfied that the relevant vehicle is the registered vehicle.

Certificates

5. Where the Secretary of State is satisfied, whether on appeal or otherwise, that the relevant vehicle is the registered vehicle he shall issue a certificate to that effect and may at any time issue a replacement certificate to correct an error in a certificate.

Giving of notices and certificates

6. A notice or certificate under this Schedule may be given or issued by—

(a) handing it over to the person producing the relevant vehicle for examination or re-examination; or

(b) by sending it by pre-paid ordinary post addressed to the person who signed the application referred to in paragraph 2(a), and

shall be taken to have been given or issued at the time it was handed over or, as the case may be, put in the post.

The prescribed fee

7. —(1) Subject to sub-paragraph (3), the prescribed fee for an examination, whether under paragraph 1 or under paragraph 4, shall be £41 .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If, at the request of the person submitting the vehicle for examination, the examination is conducted out of hours the fee shall be increased by £9 .

(4) In sub-paragraph (3) “out of hours” has the meaning given by paragraph 13(4) of Schedule 2.

Refund of the prescribed fee

8. —(1) Where a certificate under paragraph 5 is issued following a re-examination on appeal, the fee for the re-examination shall be refunded to the person who paid it.

(2) No fee shall be refunded in the event of an examination not being carried out in consequence of any act or omission on the part of the person who paid the fee.

Regulation 15A(5)

SCHEDULE 3A ISSUE OF NEW REGISTRATION DOCUMENT FROM 26th OCTOBER 2015

Duty of the insurer

1. —(1) If an insurer determines that the relevant vehicle for which it provides a policy of insurance has sustained damage such that the repair costs, or the total cost of repair and associated ancillary costs, exceed the pre-accident value of that vehicle or the insurer is required to replace the damaged vehicle with another vehicle under a policy of insurance—

(a) that insurer must notify the Secretary of State whether the relevant vehicle is suitable for repair or not and, if it is suitable for repair and this notification is made on or after 20th February 2018, whether that vehicle sustained any structural damage or not; and

(b) unless that insurer is also the keeper of the relevant vehicle, the insurer must notify the keeper of that vehicle—

(i) of the reason that it has decided not to repair the vehicle;

(ii) if the vehicle is suitable for repair or not; and

(iii) if this notification is made on or after 20th February 2018, whether the vehicle sustained structural damage or not.

(2) Following notification in accordance with paragraph (1)(a), the insurer must destroy the registration document if this is in its possession, unless the vehicle is suitable for repair and has not sustained structural damage.

Duty of the keeper

2. —(1) Where a keeper of a fleet is the keeper of a relevant vehicle that is not insured with an insurer and the pre-accident value of the vehicle is either less than the cost of repairing it or the total cost of repairing it and associated ancillary costs, that keeper must—

(a) notify the Secretary of State if—

(i) the vehicle has sustained damage, and

(ii) the vehicle is suitable for repair; and

(iii) if the notification is made on or after 20th February 2018, the vehicle has sustained structural damage; and

(b) destroy the registration document for that vehicle unless the vehicle is suitable for repair and has not sustained structural damage .

(2) Where the keeper of a relevant vehicle receives a notification from an insurer in accordance with paragraph 1(1)(b), that keeper must forthwith surrender the registration document for that vehicle to the Secretary of State unless that document is held by the insurer or the vehicle is suitable for repair and has not sustained structural damage .

Application for a new registration document

3. The keeper of a relevant vehicle may apply for a new registration document for that vehicle if—

(a) an insurer has determined that the relevant vehicle is suitable for repair; or

(b) the application is made by the keeper of a fleet who has notified the Secretary of State in accordance with paragraph 2(1)(a) that the relevant vehicle is suitable for repair.

Duty of the Secretary of State

4. Where the keeper of a vehicle applies for a new registration document under paragraph 3, that keeper may be required to provide in relation to the vehicle such other evidence as the Secretary of State may specify.

Determination by the Secretary of State

5. The Secretary of State must issue a new registration document or notify the applicant if a new registration document is not issued after considering any notification given by the insurer under paragraph 1(1)(a) or a keeper of a fleet under paragraph 2(1)(a)(ii) as to whether the vehicle is suitable for repair.

Registration document

6. Where the Secretary of State is satisfied that a new registration document may be issued for the relevant vehicle, the Secretary of State must issue a new registration document.

Regulation 26

SCHEDULE 4 STATUTORY OFF-ROAD NOTIFICATION

PART I General

Interpretation of Schedule

1. —(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 ;

• “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 ... 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

• “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.

Manner in which declaration is to be made and particulars furnished

2. —(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.

PART II Vehicles Registered in the GB Records and Kept in Great Britain

Surrender of a vehicle licence—relevant GB vehicle

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expiry of vehicle licence or nil licence—relevant GB vehicle

4. Where a vehicle licence or nil licence ceases to be in force for a relevant GB vehicle by reason of the expiration of the period for which the licence was granted and a vehicle licence or nil licence for the vehicle is not taken out so as to run from the expiration of that period, the keeper of the vehicle shall deliver to the Secretary of State the required declaration and the required particulars in relation to the vehicle—

(a) if he is a relevant vehicle trader, not later than the end of the period of three months starting with the day following the expired period; or

(b) in any other case, not later than that day.

Person keeping an unlicensed vehicle—relevant GB vehicle

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of keeper of unlicensed vehicle—relevant GB vehicle

6. On a change in the keeper of a relevant GB vehicle which is unlicensed, unless a vehicle licence or nil licence is taken out for the vehicle, the new keeper shall deliver to the Secretary of State the required declaration and the required particulars in relation to the vehicle—

(a) if he is a relevant vehicle trader, not later than the end of the period of three months beginning with the day following the day on which the change of keeper occurs; or

(b) in any other case, not later than the day following the day on which the change of keeper occurs.

PART III Vehicles Registered in the NI Records and kept in Northern Ireland

Surrender of a vehicle licence—relevant NI vehicle

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expiry of vehicle licence or nil licence—relevant NI vehicle

8. Where, on or after 30th November 2002, a vehicle licence or nil licence ceases to be in force for a relevant NI vehicle by reason of the expiration of the period for which the licence was granted and a vehicle licence or nil licence for the vehicle is not taken out so as to run from the expiration of that period, the keeper of the vehicle shall deliver to the Secretary of State the required declaration and the required particulars in relation to the vehicle—

(a) if he is a relevant vehicle trader, not later than the end of the period of three months starting with the day following the expired period; or

(b) in any other case, not later than that day.

Person keeping an unlicensed vehicle—relevant NI vehicle

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of keeper of unlicensed vehicle—relevant NI vehicle

10. On a change occurring after 30th November 2002 in the keeper of a relevant NI vehicle which is unlicensed, unless a vehicle licence or nil licence is taken out for the vehicle, the new keeper shall deliver to the Secretary of State the required declaration and the required particulars in relation to the vehicle—

(a) if he is a relevant vehicle trader, not later than the end of the period of three months beginning with the day following the day on which the change of keeper occurs; or

(b) in any other case, not later than the day following the day on which the change of keeper occurs.

Regulation 34

SCHEDULE 5 EXEMPT VEHICLES: VEHICLES IMPORTED BY MEMBERS OF FOREIGN ARMED FORCES AND OTHERS

Scope of exemption

1. —(1) A vehicle is an exempt vehicle for the period specified in paragraph 2 if it was imported into Great Britain by or on behalf of—

(a) a member of a visiting force;

(b) a member of a headquarters or organisation; or

(c) a dependant of a person falling within paragraph (a) or (b),

and there is produced to the Secretary of State evidence that the person importing the vehicle has not been required to pay any tax or duty chargeable in respect of its importation.

(2) In sub-paragraph (1)—

(a) “dependant” means a member of the household of a person falling within sub-paragraph (1)(a) or (b) who is his spouse or any other person wholly or mainly maintained by him or in his custody, charge or care;

(b) “member of a visiting force” means a person for the time being appointed to serve with, or a member of the civilian component of, any body, contingent or detachment of the forces of any country specified in paragraph 3, which is for the time being present in the United Kingdom on the invitation of her Majesty’s Government;

(c) “member of a headquarters or organisation” means a member of the military forces of any country, except the United Kingdom, who is for the time being appointed to serve in the United Kingdom under the orders of any headquarters or organisation specified in paragraph 4 and includes a person for the time being recognised by the Secretary of State as a civilian member of such a headquarters or organisation.

Period of exemption

2. —(1) The period during which a vehicle is an exempt vehicle by virtue of this Schedule shall be the period of 12 months beginning with the day on which a nil licence is issued in respect of that vehicle.

(2) The exemption shall however cease to apply if, at any time during the period prescribed by sub-paragraph (1), the importer of the vehicle becomes liable to pay any duty or tax chargeable in respect of its importation.

List of countries

3. The countries referred to in paragraph 1(2)(b) are—

List of headquarters and organisations

4. The headquarters and organisations referred to in paragraph 1(2)(c) are—

• The Headquarters of the Supreme Allied Commander Atlantic ( SACLANT )

• The Supreme Headquarters Allied Powers Europe ( SHAPE )

• Headquarters Allied Forces North Western Europe ( AFNORTHWEST )

• Headquarters Allied Air Forces North Western Europe ( AIRNORTHWEST )

• Headquarters Allied Naval Forces North Western Europe ( NAVNORTHWEST )

• Headquarters Maritime Air Forces North West ( MARAIRNORTHWEST )

• Headquarters Submarine Forces North West ( SUBNORTHWEST )

• Headquarters Allied Forces Eastern Atlantic Area ( EASTLANT )

• Headquarters Maritime Air Forces Eastern Atlantic Area ( MARAIREASTLANT )

• Headquarters Submarine Forces Eastern Atlantic Area ( SUBEASTLANT )

• Headquarters United Kingdom—Netherlands Amphibious Force ( UKNLAF )

• Headquarters United Kingdom—Netherlands Landing Force ( UKNLLF )

• The NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component

Regulations 37 and 38

SCHEDULE 6 TRADE LICENCES

PART I Conditions Subject to which Trade Licences are to be issued

1. Where there is a change in the name, business name or business address of the holder of a trade licence, the holder must forthwith notify the change and the new name or address to the Secretary of State.

2. The holder of the licence shall not, and shall not permit any person to, alter, deface, mutilate or add anything to a trade plate.

3. The holder of the licence shall not, and shall not permit any person to, exhibit on any vehicle any ... trade plate—

(a) which has been altered, defaced multilated or added to;

(b) upon which the figures or particulars have become illegible; or

(c) the colour of which has altered whether by fading or otherwise.

4. The holder of the licence shall not, and shall not permit any person to, exhibit on any vehicle anything which could be mistaken for a trade plate.

5. The holder of the licence shall not permit any person to display ... any trade plates on a vehicle except a vehicle which that person is using for the purposes of the holder under the licence.

6. The holder of the licence shall not, and shall not permit any person, to display ... any trade plates on any vehicle unless—

(a) that vehicle is within the classes of vehicle specified in section 11(2) of the 1994 Act (if the holder is a motor trader who is a manufacturer of vehicles), 11(3) (if the holder is any other motor trader) or 11(4) (if the holder is a vehicle tester); and

(b) the vehicle is being used for one or more of the prescribed purposes for which the holder may use the vehicle in accordance with regulation 36 and this Schedule.

7. The holder of the licence shall not display any trade plate on a vehicle used under the licence unless that trade plate shows the general registration mark assigned to the holder in respect of that licence.

PART II PURPOSES FOR WHICH THE HOLDER OF A TRADE LICENCE MAY USE A VEHICLE BY VIRTUE OF THE LICENCE

General

Interpretation

8. Where a vehicle is so constructed that a semi-trailer may by partial superimposition be attached to it in such a manner as to cause a substantial part of the weight of the semi-trailer to be borne by the vehicle, the vehicle and the semi-trailer shall be taken, for the purposes of this Part of this Schedule to constitute a single vehicle.

9. The purposes prescribed by this Part of this Schedule as purposes for which the holder of a trade licence may use a vehicle on a public road by virtue of that licence—

(a) do not include the carrying of any person on the vehicle or any trailer drawn by it except a person carried in connection with such purposes; and

(b) are without prejudice to the provisions of subsections (4) to (6) of section 11 of the 1994 Act which specify the classes of vehicle which a trade licence is for, in the relation respectively to a motor trader who is a manufacturer of vehicles, any other motor trader and a vehicle tester.

Motor traders

Purposes for which a motor trader may use a vehicle by virtue of a trade licence

10. The purposes for which the holder of a trade licence who is a motor trader may use a vehicle (other than a vehicle to which paragraph 14 applies) on a public road by virtue of that licence are purposes which meet each of the following requirements—

(a) they are business purposes;

(b) they are paragraph 12 purposes; and

(c) they are purposes that do not include the conveyance of goods or burden of any description except specified loads.

Business purposes

11. A vehicle is used for “business purposes” if it is used for purposes connected with the motor trader’s business—

(a) as a manufacturer or repairer of or dealer in vehicles,

(b) as a manufacturer or repairer of or dealer in trailers carried on in conjunction with his business as a motor trader,

(c) of modifying vehicles (whether by the fitting of accessories or otherwise); or

(d) of valetingvehicles.

Paragraph 12 purposes

12. A vehicle is used for “paragraph 12 purposes” if it is used for any of the following purposes—

(a) for its test or trial or the test or trial of its accessories or equipment, in either case in the ordinary course of construction, modification or repair or after completion;

(b) for proceeding to or from a public weighbridge for ascertaining its weight or to or from any place for its registration or inspection by a person acting on behalf of the Secretary of State;

(c) for its test or trial for the benefit of a prospective purchaser, for proceeding at the instance of a prospective purchaser to any place for the purpose of such test or trial, or for returning after such test or trial;

(d) for its test or trial for the benefit of a person interested in promoting publicity in regard to it, for proceeding at the instance of such a person to any place for the purpose of such test or trial, or for returning after such test or trial;

(e) for delivering it to the place where the purchaser intends to keep it;

(f) for demonstrating its operation or the operation of its accessories or equipment when it is being handed over to the purchaser;

(g) for delivering it from one part of the licence holder’s premises to another part of his premises, or for delivering it from his premises to premises of, or between parts of premises of, another manufacturer or repairer of or dealer in vehicles or removing it from the premises of another manufacturer or repairer of or dealer in vehicles direct to his own premises;

(h) for proceeding to or returning from a workshop in which a body or a special type of equipment or accessory is to be or has been fitted to it or in which it is to be or has been painted, valeted or repaired;

(i) for proceeding from the premises of a manufacturer or repairer of or dealer in vehicles to a place from which it is to be transported by train, ship or aircraft or for proceeding to the premises of such a manufacturer, repairer or dealer from a place to which it has been so transported;

(j) for proceeding to or returning from any garage, auction room or other place at which vehicles are usually stored or usually or periodically offered for sale and at which it is to be or has been stored or is to be or has been offered for sale as the case may be;

(k) for proceeding to or returning from a place where it is to be or has been inspected or tested; or

(l) for proceeding to a place where it is to be broken up or otherwise dismantled.

Specified loads

13. —(1) A specified load is one of the following kinds of load—

(a) a test load;

(b) in the case of a vehicle which is being delivered or collected and is being used for a purpose falling within paragraph 12(f) to (k), a load which consists of another vehicle used or to be used for travel from or to the place of delivery or collection;

(c) a load which is built in as part of the vehicle or permanently attached to it;

(d) in the case of a vehicle which is being used for a purpose falling within paragraph 12(h), (i) or (j), a load which consists of a trailer or of parts, accessories or equipment designed to be fitted to the vehicle and of tools for fitting them.

(2) In paragraph (1) a “test load” means a load which—

(a) is carried by a vehicle being used for a purpose falling within paragraph 12(b), (d), (e) or (g);

(b) is carried solely for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment; and

(c) is returned to the place of loading without its having been removed from the vehicle except—

(i) for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment,

(ii) in the case of accident, or

(iii) where the load consists of water, fertiliser or refuse.

Manufacturers keeping vehicles for research and development

Vehicle kept by a motor trader for research and development in the course of his business as a manufacturer

14. —(1) This paragraph applies to a vehicle—

(a) kept by a motor trader, being the holder of a trade licence who is a manufacturer of vehicles; and

(b) kept solely for the purposes of conducting research and development in the course of his business as such a manufacturer.

(2) The purposes for which such a person may, by virtue of the trade licence, use a vehicle to which this paragraph applies on a public road are the purposes of conducting research and development in the course of his business as a manufacturer of vehicles.

(3) Those purposes shall not be taken to include the conveyance of goods or burden of any description except—

(a) a load which is carried solely for the purpose of testing the vehicle or any of its accessories or equipment and which is returned to the place of loading without having been removed from the vehicle except for such purpose or in the case of accident; or

(b) any load built in as part of the vehicle or permanently attached to it.

Vehicle testers

Purposes for which a vehicle tester may use a vehicle by virtue of a trade licence

15. —(1) Subject to sub-paragraph (2) the purposes for which the holder of a trade licence who is a vehicle tester may use a vehicle on a public road by virtue of that licence are the purposes of testing it or any trailer drawn by it or any of the accessories or equipment on the vehicle or trailer in the course of the business of the holder of the trade licence as a vehicle tester.

(2) The purposes prescribed by sub-paragraph (1) do not include the conveyance of goods or any other burden of any description on the vehicle except—

(a) a load which is carried solely for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment and is returned to the place of loading without having been removed from the vehicle except for that purpose or in the case of accident, or

(b) a load which is built in as part of the vehicle or permanently attached to it.

Regulation 45

SCHEDULE 7 RECOVERY VEHICLES: PRESCRIBED PURPOSES

PART I Purposes prescribed for the purposes of paragraph 5(3)(e) of Schedule 1 to the 1994 Act

1. Carrying any person who, immediately before the vehicle became disabled was the driver of, or a passenger in that vehicle, together with his personal effects, from the premises at which the vehicle is to be repaired or scrapped to his original intended destination.

2. —(1) At the request of a constable or a local authority empowered by or under statute to remove a vehicle from a road, removing such a vehicle to a place nominated by the constable or local authority.

(2) In sub-paragraph (1) “road” has the meaning given—

(a) in relation to England, Scotland or Wales by section 192 of the 1988 Act; and

(b) in relation to Northern Ireland by Article 2 of the Road Traffic (Northern Ireland) Order 1995.

3. Proceeding to a place at which the vehicle will be available for use for a purpose specified in paragraph 5(3)(a) or (b) of Schedule 1 to the 1994 Act and remaining temporarily at such a place so as to be available for such use.

4. Proceeding from—

(a) a place where the vehicle has remained temporarily so as to be available for such use;

(b) a place where the vehicle has recovered a disabled vehicle; or

(c) such premises as are mentioned in paragraph 5(3)(b) or (c) of Schedule 1 to the 1994 Act.

PART II Purposes Prescribed for the Purposes of Paragraph 5(4)(c) of Schedule 1 to the 1994 Act

5. Repairing a disabled vehicle at the place where it became disabled or to which it has been moved in the interests of safety after becoming disabled.

6. Drawing or carrying a single trailer if another vehicle had become disabled whilst drawing or carrying it.

Regulation 47

SCHEDULE 8 REGULATIONS TO WHICH SECTION 59(2)(a) OF THE 1994 ACT APPLIES