Road Traffic Act 1988, section 185

Meaning of “motor vehicle” and other expressions relating to vehicles

Part VII Miscellaneous and General

(1)In this Act—

  • “heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the excepted articles and the weight of which unladen exceeds 11690 kilograms,

  • “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kilograms,

  • “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person,

  • “light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the excepted articles and the weight of which unladen does not exceed 11690 kilograms but does exceed 7370 kilograms,

  • “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a)if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver and is fitted with tyres of such type as may be specified in regulations made by the Secretary of State, does not exceed 3050 kilograms,

(b)if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms, or 3500 kilograms if the vehicle carries a container or containers for holding for the purposes of its propulsion any fuel which is wholly gaseous at 17.5 degrees Celsius under a pressure of 1.013 bar or plant and materials for producing such fuel,

(c)does not exceed 2540 kilograms in a case not falling within sub-paragraph (a) or (b) above,

(2) In subsection (1) above “excepted articles” means any of the following: water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.

Definitions used in section 185 5

mechanically propelled vehicle

(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,

Defined in s.21(3) · see it in the full Act
motor car

(1) Notwithstanding section 185(1) of this Act , in this Part of this Act “motor car" means a motor vehicle (other than an invalid carriage or motor cycle)—

(a)which is not constructed or adapted to carry more than nine persons inclusive of the driver, and

(b)which has a maximum gross weight not exceeding 3.5 tonnes.

Defined in s.141A(1) · see it in the full Act
driver

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
goods

“goods” includes goods or burden of any description,

Defined in s.192(1) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act

Cases considering section 185 5

RoadPeace v Secretary of State for Transport

[2017] EWHC 2725 (Admin) · 7 November 2017Limits

Defines motor vehicle by reference to a vehicle intended or adapted for use on roads. The court held that this restriction was incompatible with the wider compulsory-insurance scope resulting from Vnuk, although it declined to rewrite the provision by Marleasing interpretation. (see paras [72]-[90])

Lewington v The Motor Insurance Bureau

[2017] EWHC 2848 (Comm) · 27 October 2017Interprets

Interprets “motor vehicle” by applying the reasonable-person test to whether one of the vehicle’s general or foreseeable uses is road use. Lawful road use is unnecessary, and the dumper truck fell within the definition (see paras [55]–[77]).

Coates v Crown Prosecution Service

[2011] EWHC 2032 (Admin) · 29 July 2011

The court applies the objective test for whether a mechanically propelled vehicle is intended or adapted for use on roads. A SEGWAY satisfies that test because general road use is contemplated, making it a motor vehicle. (see paras [15]; [59]-[71])

What each judgment says about section 185 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Modifications

  1. C213Ss. 185, 186 applied by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 98(2)

Marginal citations

  1. M431970 c. 44.