 
|
Construction
and Use of Vehicles and Equipment
General regulation of construction, use
etc.
| Construction
and Use of Vehicles and Equipment | | | General
regulation of construction, use etc.
|
Regulation of construction, weight, equipment and use of vehicles.
|
41.—(1) The
Secretary of State may make regulations generally as to the use of motor vehicles
and trailers on roads, their construction and equipment and the conditions under
which they may be so used. Subsections
(2) to (4) below do not affect the generality of this subsection.
(2) In particular, the regulations may make
provision with respect to any of the following matters— (a) the
width, height and length of motor vehicles and trailers and the load carried by
them, the diameter of wheels, and the width, nature and condition of tyres, of
motor vehicles and trailers, (b) the
emission or consumption of smoke, fumes or vapour and the emission of sparks,
ashes and grit, | |
|
| |
(d) the
maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum
weight laden of motor vehicles and trailers, and the maximum weight to be transmitted
to the road or any specified area of the road by a motor vehicle or trailer of
any class or by any part or parts of such a vehicle or trailer in contact with
the road, and the conditions under which the weights may be required to be tested,
(e) the
particulars to be marked on motor vehicles and trailers, (f) the
towing of or drawing of vehicles by motor vehicles, (g) the
number and nature of brakes, and for securing that brakes, silencers and steering
gear are efficient and kept in proper working order, (h) lighting
equipment and reflectors, (j) the
testing and inspection, by persons authorised by or under the regulations, of
the brakes, silencers, steering gear, tyres, lighting equipment and reflectors
of motor vehicles and trailers on any premises where they are (if the owner of
the premises consents), (k) the
appliances to be fitted for— (i) signalling
the approach of a motor vehicle, or (ii) enabling
the driver of a motor vehicle to become aware of the approach of another vehicle
from the rear, or (iii) intimating
any intended change of speed or direction of a motor vehicle, and
the use of any such appliance, and for securing that any such appliance is efficient
and kept in proper working order, (l) for
prohibiting the use of appliances fitted to motor vehicles for signalling their
approach, being appliances for signalling by sound, at any times, or on or in
any roads or localities, specified in the regulations. (3) The
Secretary of State may, as respects goods vehicles, make regulations under this
section— (a) prescribing
other descriptions of weight which are not to be exceeded in the case of such
vehicles, (b) providing
for the marking on such vehicles of weights of any description or other particulars
by means of plates (of any material) fixed to them, (c) providing
for the circumstances in which any particulars which are to be marked on such
vehicles are to be so marked, (d) providing
that weights of any description or other particulars which are to be marked on
particular goods vehicles may be determined in accordance with regulations under
section 49 of this Act. (4) Regulations
under this section with respect to lighting equipment and reflectors—
(a) may
require that lamps be kept lit at such times and in such circumstances as may
be specified in the regulations, and (b) may
extend, in like manner as to motor vehicles and trailers, to vehicles of any description
used on roads, whether or not they are mechanically propelled. (5) Different
regulations may be made under this section as respects different classes of vehicles
or as respects the same class of vehicles in different circumstances and as respects
different times of the day or night and as respects roads in different localities.
(6) In framing regulations under this section
prescribing a weight of any description which is not to be exceeded in the case
of goods vehicles of a class for which a certificate of conformity or Minister's
approval certificate may be issued under section 57 or 58 of this Act the Secretary
of State must have regard to the design weight of the like description determined
by virtue of section 54 of this Act for vehicles of that class and must secure
that the first-mentioned weight does not exceed the design weight.
(7) In
this Part of this Act— "construction
and use requirements" means requirements, whether applicable generally or at specified
times or in specified circumstances, imposed under this section,
"plated particulars"
means such particulars as are required to be marked on a goods vehicle in pursuance
of regulations under this section by means of a plate, "plated
weights" means such weights as are required to be so marked. |
Offence where regulations are contravened, etc.
|
42.—(1) Subject to
subsection (2) below and sections 43 and 44 of this Act, a person who—
(a) contravenes
or fails to comply with any regulations under section 41 of this Act, or
(b) uses
on a road a motor vehicle or trailer which does not comply with any such regulations
or causes or permits a vehicle to be so used, is
guilty of an offence.
(2) In any proceedings
for an offence under subsection (1) above in which there is alleged a contravention
of or failure to comply with a construction and use requirement relating to any
description of weight applicable to a goods vehicle, it shall be a defence to
prove either— (a) that
at the time when the vehicle was being used on the road— (i) it
was proceeding to a weighbridge which was the nearest available one to the place
where the loading of the vehicle was completed for the purpose of being weighed,
or (ii) it
was proceeding from a weighbridge after being weighed to the nearest point at
which it was reasonably practicable to reduce the weight to the relevant limit,
without causing an obstruction on any road, or (b) in
a case where the limit of that weight was not exceeded by more than 5 per cent.—
(i) that
that limit was not exceeded at the time when the loading of the vehicle was originally
completed, and (ii) that
since that time no person has made any addition to the load. |
Temporary exemption from application of regulations under section 41.
|
43.—(1) Subject to
subsections (2) to (4) below, where any regulations under section 41 of this Act
contain provisions varying the requirements as regards the construction or weight
of any class of vehicles, provision shall be made by the regulations for exempting
from those provisions for such period, not being less than five years, as may
be specified in the regulations any vehicle of that class registered under the
[1971 c. 10.] Vehicles (Excise) Act 1971 before the expiration of
one year from the making of the regulations.
(2) No
such provision contained in regulations under section 41 as imposes or varies
requirements with respect to the braking systems with which motor vehicles must
be equipped shall be taken, for the purposes of subsection (1) above or of any
other provision of the regulations, to be one relating to the construction of
vehicles.
(3) Where regulations under section
41 contain provisions varying the requirements as regards the construction or
weight of any class of vehicle, and the Secretary of State is satisfied—
(a) that
it is requisite that those provisions shall apply at a date specified in the regulations
to vehicles registered before the expiration of one year from the making of the
regulations, or to such of them as are specified in the regulations, and
(b) that
no undue hardship or inconvenience will be caused by their application then to
those vehicles, then,
if the regulations state that the Secretary of State is so satisfied, subsection
(1) above shall not apply in relation to those provisions.
(4) Subsection
(1) above shall not apply in relation to— (a) regulations
made with respect to any description of weight of goods vehicles, other than their
maximum unladen weight, or (b) regulations
made by virtue of section 41(3) of this Act. |
Authorisation of use on roads of special vehicles not complying with regulations
under section 41.
|
44.—(1) The Secretary
of State may by order authorise, subject to such restrictions and conditions as
may be specified by or under the order, the use on roads— (a) of
special motor vehicles or trailers, or special types of motor vehicles or trailers,
which are constructed either for special purposes or for tests or trials,
(b) of
vehicles or trailers, or types of vehicles or trailers, constructed for use outside
the United Kingdom, (c) of
new or improved types of motor vehicles or trailers, whether wheeled or wheelless,
or of motor vehicles or trailers equipped with new or improved equipment or types
of equipment, and (d) of
vehicles or trailers carrying loads of exceptional dimensions, and
nothing in sections 41 and 42 of this Act shall prevent the use of such vehicles,
trailers, or types in accordance with the order.
(2) The
Secretary of State may by order make provision for securing that, subject to such
restrictions and conditions as may be specified by or under the order, regulations
under section 41 of this Act shall have effect in their application to such vehicles,
trailers and types of vehicles and trailers as are mentioned in subsection (1)
above subject to such modifications or exceptions as may be specified in the order.
(3) The powers conferred by this section on
the Secretary of State to make orders shall be exercisable by statutory instrument
except in the case of orders applying only to specified vehicles or to vehicles
of specified persons, but in that excepted case (as in others) the order may be
varied or revoked by subsequent order of the Secretary of State.
| | |
Tests
of vehicles other than goods vehicles to which section 49 applies |
Tests of satisfactory condition of vehicles.
|
45.—(1) This section
applies to motor vehicles other than goods vehicles which are required by regulations
under section 49 of this Act to be submitted for a vehicle test under that section
and has effect for the purpose of ascertaining whether the prescribed statutory
requirements relating to the construction and condition of motor vehicles or their
accessories or equipment are complied with.
(2) The
Secretary of State may by regulations make provision— (a) for
the examination of vehicles submitted for examination under this section, and
(b) for
the issue, where it is found on such an examination that the requirements mentioned
in subsection (1) above are complied with, of a certificate (in this Act referred
to as a "test certificate") that at the date of the examination the requirements
were complied with in relation to the vehicle. (3) Examinations
for the purposes of this section shall be carried out by— (a) persons,
not being officers of the Secretary of State, authorised for those purposes by
the Secretary of State (in this section and section 46 of this Act referred to
as "authorised examiners" ), (b) inspectors
appointed by the Secretary of State, or (c) inspectors
appointed by any council designated by the Secretary of State for the purposes
of this section and section 46 of this Act, being the council of a county, district
or London borough or the Common Council of the City of London or the council of
a region or islands area. (4) Where
a test certificate is refused, the examiner or inspector must issue a notification
of the refusal stating the grounds of the refusal, and a person aggrieved by the
refusal or the grounds of the refusal may appeal to the Secretary of State.
(5) On any such appeal the Secretary of State
must cause a further examination to be made and either issue a test certificate
or issue a notification of the refusal stating the grounds of the refusal.
(6) For the purposes of their functions under
this section the Secretary of State or a council designated for the purposes of
this section may provide and maintain— (a) stations
where examinations under this section may be carried out, and
(b) apparatus
for carrying out such examinations. (7) The
Secretary of State may make regulations under this section for the purpose of
giving effect to this section and for prescribing anything authorised by this
section and section 46 of this Act to be prescribed.
(8) In
its application to vehicles in which recording equipment is required by Article
3 of the Community Recording Equipment Regulation to be installed and used, this
section shall have effect as if any reference to prescribed statutory requirements
relating to the construction and condition of motor vehicles or their accessories
or equipment included a reference to the prescribed requirements of so much of
that Regulation as relates to the installation of recording equipment and the
seals to be fixed to such equipment. |
Particular aspects of regulations under section 45.
|
46. Regulations
under section 45 of this Act may, in particular, make provision as to—
(a) the
authorisation of examiners, the imposition of conditions to be complied with by
authorised examiners and the withdrawal of authorisations, (b) the
manner in which, conditions under which and apparatus with which examinations
are carried out, the maintenance of that apparatus in an efficient state, and
the inspection of premises at which and apparatus with which examinations are
being, or are to be, carried out, (c) the
manner in which applications may be made for the examination of vehicles under
section 45 of this Act, the manner in which and time within which appeals may
be brought under subsection (4) of that section, the information to be supplied
and documents to be produced on such an application, examination or appeal, the
fees to be paid on such an application or appeal, and the repayment of the whole
or part of the fee paid on such an appeal where it appears to the Secretary of
State that there were substantial grounds for contesting the whole or part of
the decision appealed against, (d) the
form of, and particulars to be contained in, test certificates and notifications
of the refusal of test certificates, and the supply by the Secretary of State
of forms for such certificates and notifications and the charges to be made for
the supply of such forms, (e) the
issue of duplicates of test certificates lost or defaced and the fee to be paid
for the issue of such duplicates, (f) the
issue of copies of test certificates and the fees to be paid for the issue of
such copies, (g) the
keeping by designated councils and authorised examiners of registers of test certificates
in the prescribed form and containing the prescribed particulars, and the inspection
of such registers by such persons and in such circumstances as may be prescribed,
(h) the
keeping of records by designated councils and authorised examiners and the providing
by them of returns and information to the Secretary of State, and
regulations under that section may make different provision in relation to different
cases or classes of cases. |
Obligatory test certificates.
|
47.—(1) A person who
uses on a road at any time, or causes or permits to be so used, a motor vehicle
to which this section applies, and as respects which no test certificate has been
issued within the appropriate period before that time, is guilty of an offence.
In this
section and section 48 of this Act, the "appropriate period" means a period of
twelve months or such shorter period as may be prescribed.
(2) Subject to subs section applies at any time are—
(a) those
first registered under the [1971 c. 10.] Vehicles (Excise) Act 1971,
the [1962 c. 13.] Vehicles (Excise) Act 1962, the [1949 c. 89.]
Vehicles (Excise) Act 1949 or the [1920 c. 72.] Roads Act 1920, not
less than three years before that time, and (b) those
which, having a date of manufacture not less than three years before that time,
have been used on roads (whether in Great Britain or elsewhere) before being registered
under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act 1962,
being, in either
case, motor vehicles other than goods vehicles which are required by regulations
under section 49 of this Act to be submitted for a goods vehicle test.
(3) As respects a vehicle being— (a) a
motor vehicle used for the carriage of passengers and with more than eight seats,
excluding the driver's seat, or (b) a
taxi (as defined in section 64 (3) of the [1980 c. 34.] Transport
Act 1980), being a vehicle licensed to ply for hire, or (c) an
ambulance, that is to say, a motor vehicle which is constructed or adapted, and
primarily used, for the carriage of persons to a place where they will receive,
or from a place where they have received, medical or dental treatment, and which,
by reason of design, marking or equipment is readily identifiable as a vehicle
so constructed or adapted, subsection
(2)(a) above shall have effect as if for the period there mentioned there were
substituted a period of one year.
(4) For
the purposes of subsection (2)(b) above, there shall be disregarded the use of
a vehicle before it is sold or supplied by retail.
(5) This
section does not apply to vehicles of such classes as may be prescribed.
(6) The Secretary of State may by regulations exempt
from subsection (1) above the use of vehicles for such purposes as may be prescribed.
(7) The Secretary of State may by regulations
exempt from subsection (1) above the use of vehicles in any such area as may be
prescribed.
(8) For the purposes of this
section the date of manufacture of a vehicle shall be taken to be the last day
of the year during which its final assembly is completed, except where after that
day modifications are made to the vehicle before it is sold or supplied by retail,
and in that excepted case shall be taken to be the last day of the year during
which the modifications are completed.
(9) The
Secretary of State may by order made by statutory instrument direct that subsection
(2) above shall have effect with the substitution, for three years (in both places),
of such other period (not being more than ten years) as may be specified in the
order. An
order under this subsection shall not have effect unless approved by resolution
of each House of Parliament. |
Supplementary provisions about test certificates.
|
48.—(1) For the purpose
of spreading the work of issuing certificates in contemplation of a change in—
(a) the
length of the appropriate period, or (b) the
length of the period specified in section 47(2)(a) and (b) of this Act,
(and whether
for the purposes of that section or section 66 of this Act), the order or, as
the case may be, regulations changing the length of that period may be made so
as to come into operation on different days as respects vehicles first registered
under any of the enactments mentioned in section 47(2) of this Act at different
times.
(2) Where— (a) within
the appropriate period after a test certificate is issued or treated for the purposes
of section 47 of this Act as issued, but (b) not
earlier than one month before the end of that period, a
further test certificate is issued as respects the same vehicle, the further certificate
shall be treated for the purposes of that section as if issued at the end of the
appropriate period.
(3) Where the particulars
contained in a test certificate in accordance with regulations made under section
45 of this Act include a date of expiry falling later, but not more than one month
later, than the end of the appropriate period after the date on which it is issued—
(a) the
certificate shall be deemed to have been issued in respect of the same vehicle
as an earlier test certificate, and (b) the
date on which it was issued shall be deemed to have been a date falling within
the last month of the appropriate period after the date on which that earlier
certificate was issued or treated for the purposes of section 47 of this Act as
issued; and
any date of expiry contained in a test certificate shall be deemed to have been
entered in accordance with regulations under section 45 of this Act unless the
contrary is proved.
(4) The Secretary of
State may by regulations make provision for the issue, in such circumstances as
may be prescribed, of a certificate of temporary exemption in respect of a public
service vehicle adapted to carry more than eight passengers, exempting that vehicle
from the provisions of section 47(1) of this Act for such period as may be specified
in the certificate.
(5) In relation to any
public service vehicle so adapted— (a) subsections
(2) and (3) above shall have effect as if for "one month" (in both places) there
were substituted "two months", and (b) subsection
(3) above shall have effect as if for "last month" there were substituted "last
two months". (6) In
subsections (4) and (5) above "public service vehicle" has the same meaning as
in the [1981 c. 14.] Public Passenger Vehicles Act 1981.
| | |
Tests
of certain classes of goods vehicles |
Tests of satisfactory condition of goods vehicles and determination of plated
weights, etc.
|
49.—(1) The Secretary
of State may by regulations make provision for the examination of goods vehicles
of any prescribed class— (a) for
the purpose of selecting or otherwise determining plated weights or other plated
particulars for goods vehicles of that class, or (b) for
the purpose of ascertaining whether any prescribed construction and use requirements
(whether relating to plated particulars or not) are complied with in the case
of goods vehicles of that class, or
for both purposes.
(2) In particular the
regulations may make provision— (a) for
the determination, according to criteria or by methods prescribed by or determined
under the regulations, of the plated particulars for a goods vehicle (including
its plated weights), on an examination of the vehicle for the purpose, and for
the issue on such an examination, except as provided by regulations made by virtue
of paragraph (c) of this subsection, of a certificate (in this Act referred to
as a "plating certificate") specifying those particulars, (b) for
the issue, for a goods vehicle which has been found on examination for the purpose
to comply with the prescribed construction and use requirements, of a certificate
(in this Act referred to as a "goods vehicle test certificate") stating that the
vehicle has been found so to comply, and (c) for
the refusal of a goods vehicle test certificate for a goods vehicle which is so
found not to comply with those requirements and for requiring a written notification
to be given— (i) of
any such refusal, and (ii) of
the grounds of the refusal, and
for the refusal of a plating certificate where a goods vehicle test certificate
is refused. (3) References
in subsections (1) and (2) above to construction and use requirements shall be
construed— (a) in
relation to an examination of a vehicle solely for the purpose of ascertaining
whether it complies with any such requirements, as references to such of those
requirements as are applicable to the vehicle at the time of the test, and
(b) in
relation to an examination of a vehicle both for that purpose and for the purpose
of determining its plated particulars, as references to such of those requirements
as will be applicable to the vehicle if a plating certificate is issued for it.
(4) In
this Part of this Act— "examination
for plating" means an examination under regulations under this section for the
purpose of determining plated particulars for a goods vehicle, and
"goods vehicle test"
means an examination under regulations under this section for the purpose of ascertaining
whether any prescribed construction and use requirements are complied with in
the case of a goods vehicle. (5) In
its application to vehicles in which recording equipment is required by Article
3 of the Community Recording Equipment Regulation to be installed and used, this
section shall have effect as if any reference to prescribed construction and use
requirements included a reference to prescribed requirements of so much of that
Regulation as relates to the installation of recording equipment and the seals
to be fixed to such equipment. |
Appeals against determinations.
|
50.—(1) Any person
aggrieved by a determination made on an examination under regulations under section
49 of this Act by the person in charge of the examination may appeal to an area
mechanical engineer appointed by the Secretary of State to act for the traffic
area in which the original examination was made.
(2) On
the appeal the area mechanical engineer must cause the vehicle to be re-examined
and make such determination in the matter as he thinks fit.
(3) A
person aggrieved by the determination of an area mechanical engineer under subsection
(2) above may appeal to the Secretary of State.
(4) On
the appeal the Secretary of State must cause the vehicle to be re-examined by
an officer appointed by him for the purpose and must make such determination on
the basis of the re-examination as he thinks fit.
(5) Regulations
under section 49 of this Act may make the like provision in relation to a determination
on an appeal under this section as they make in relation to a determination on
an examination under the regulations. |
Particular aspects of regulations under section 49.
|
51.—(1) Without prejudice
to the generality of subsection (1) of section 49 of this Act, regulations under
that section may— (a) require
or authorise goods vehicles to which the regulations apply to be submitted for
examination under the regulations and, in particular— (i) require
any such vehicle to be submitted for a goods vehicle test at periodic intervals,
and (ii) require
or authorise any such vehicle to be submitted for re-examination on the making
of any prescribed alteration to it or its equipment and, for the purpose of determining
whether any such re-examination is necessary, require any such alteration to be
notified to the Secretary of State, and (iii) require
any such vehicle to be submitted for examination or re-examination for any purpose
of plating or certification, (b) authorise
any examination under the regulations to be carried out by or under the direction
of a goods vehicle examiner, (c) prescribe
the conditions subject to which vehicles will be accepted for such examination
and, without prejudice to that— (i) authorise
any person by whom an examination of the vehicle under the regulations or section
50 of this Act is carried out to drive the vehicle, whether on a road or elsewhere,
and (ii) require
that a driver of a vehicle examined under those regulations or that section is,
except so far as permitted to be absent by the person carrying out the examination,
present throughout the whole of the examination and drives the vehicle when directed
to do so, and operates the controls in accordance with any directions given to
him, by that person, (d) require
the plating certificate for any vehicle to which the regulations apply to specify
any alteration to the vehicle or its equipment which is required by the regulations
to be notified to the Secretary of State, (e) authorise
the amendment of a plating certificate or the issue of a different plating certificate
on the re-examination of any vehicle, (f) provide
for the period of validity of goods vehicle test certificates,
(g) specify
the manner in which, and the time before or within which, applications may be
made for the examination of vehicles under the regulations or appeals may be brought
under section 50 of this Act and the information to be supplied and documents
to be produced on any such application, examination or appeal,
(h) make
provision as to the fees to be paid on any such application or appeal and as to
the repayment of the whole or part of any fee paid on such an appeal where it
appears to the Secretary of State that there were substantial grounds for contesting
the whole or part of the determination appealed from, (j) make
provision as to the form of, and particulars to be contained in, plating certificates
and goods vehicle test certificates and notifications of the refusal of the latter
certificates, (k) provide
for the issue of replacements for plates marked with plated particulars, plating
certificates and goods vehicle test certificates which have been lost or defaced
and for the payment of a fee for their issue, (l) exempt
prescribed classes of vehicles from all or any of the provisions of the regulations
either generally or in prescribed circumstances, (m) make
different provision for different cases. (2) Regulations
under section 49 of this Act may provide that a person who contravenes or fails
to comply with a requirement of regulations imposed by virtue of subsection (1)(c)(ii)
above is guilty of an offence.
(3) In this
section any reference to the driving of a vehicle is, in relation to a trailer,
a reference to the driving of the vehicle by which the trailer is drawn. |
Supplementary provisions about tests, etc., of goods vehicles.
|
52.—(1) Without prejudice
to any regulations made under section 49 of this Act by virtue of section 51(1)(c)
of this Act, the Secretary of State may give directions with respect to the manner
in which examinations under regulations under section 49 or under section 50 of
this Act are to be carried out.
(2) The
Secretary of State may provide and maintain stations where examinations of goods
vehicles under regulations under section 49 or under section 50 of this Act may
be carried out and may provide and maintain the apparatus for carrying out such
examinations. |
Obligatory goods vehicle test certificates.
|
53.—(1) If any person
at any time on or after the relevant date— (a) uses
on a road a goods vehicle of a class required by regulations under section 49
of this Act to have been submitted for examination for plating, or
(b) causes
or permits to be used on a road a goods vehicle of such a class, and
at that time there is no plating certificate in force for the vehicle, he is guilty
of an offence. In
this subsection "relevant date" , in relation to any goods vehicle, means the
date by which it is required by the regulations to be submitted for examination
for plating.
(2) If any person at any time on or after the
relevant date— (a) uses
on a road a goods vehicle of a class required by regulations under section 49
of this Act to have been submitted for a goods vehicle test, or
(b) causes
or permits to be used on a road a goods vehicle of such a class, and
at that time there is no goods vehicle test certificate in force for the vehicle,
he is guilty of an offence. In
this subsection "relevant date" , in relation to any goods vehicle, means the
date by which it is required by the regulations to be submitted for its first
goods vehicle test.
(3) Any person who— (a) uses
a goods vehicle on a road, or (b) causes
or permits a goods vehicle to be so used, when
an alteration has been made to the vehicle or its equipment which is required
by regulations under section 49 of this Act to be, but has not been, notified
to the Secretary of State is guilty of an offence.
(4) In
any proceedings for an offence under subsection (3) above, it shall be a defence
to prove that the alteration was not specified in the relevant plating certificate
in accordance with regulations under section 49 of this Act.
(5) The
Secretary of State may by regulations— (a) exempt
from all or any of the preceding provisions of this section the use of goods vehicles
for such purposes or in such an area as may be prescribed, and
(b) make
provision for the issue in respect of a vehicle in such circumstances as may be
prescribed of a certificate of temporary exemption exempting that vehicle from
the provisions of subsection (1) or (2) above for such period as may be specified
in the certificate.
| | |
Approval
of design, construction, equipment and marking of vehicles |
Type approval requirements.
|
54.—(1) Without prejudice
to section 41 of this Act, the Secretary of State may by regulations prescribe
requirements (in this Part of this Act referred to as "type approval requirements"
)— (a) with
respect to the design, construction, equipment and marking of vehicles of any
class, being requirements which are applicable before, whether or not they are
applicable after, vehicles of that class are used on a road,
(b) with
respect to the design, construction, equipment and marking of vehicle parts of
any class, being requirements which are applicable before, whether or not they
are applicable after, vehicle parts of that class are fitted to a vehicle used
on a road. (2) Regulations
under this section may provide for the determination, according to criteria or
by methods prescribed by or determined under the regulations, of weights of any
description which in the opinion of the Secretary of State should not be exceeded
in the case of vehicles of any class.
(3) In
this Part of this Act references to design weights shall be construed as references
to weights determined by virtue of subsection (2) above.
(4) Subject
to subsection (5) below, the following provisions of this Act to the end of section
60 apply in relation to parts of vehicles as they apply in relation to vehicles
and, accordingly, any reference in those provisions to a vehicle, other than a
reference to a goods vehicle, is to be read as including a reference to a vehicle
part.
(5) Any provision which relates solely
to goods vehicles or design weights does not apply in relation to parts of vehicles,
but particular exclusions in those provisions do not affect the generality of
this exclusion.
(6) In this Part of this
Act, "the relevant aspects of design, construction, equipment and marking" , in
relation to any vehicle, means those aspects of design, construction, equipment
and marking which are subject to the type approval requirements or which were
used as criteria in determining design weights for that vehicle. |
Type approval certificates.
|
55.—(1) Where the
Secretary of State is satisfied on application made to him by the manufacturer
of a vehicle of a class to which regulations under section 54 of this Act apply
and after examination of the vehicle— (a) that
the vehicle complies with the relevant type approval requirements, and
(b) that
adequate arrangements have been made to secure that other vehicles purporting
to conform with that vehicle in the relevant aspects of design, construction,
equipment and marking will so conform in all respects or with such variations
as may be permitted, he
may approve that vehicle as a type vehicle.
(2) Where
the Secretary of State approves a vehicle as a type vehicle he must issue a certificate
(in this Part of this Act referred to as a "type approval certificate") stating
that the vehicle complies with the relevant type approval requirements and specifying—
(a) the
permitted variations from the type vehicle, and (b) the
design weights for vehicles so conforming in all respects and for vehicles so
conforming with any such variations. (3) In
the following provisions of this section and in sections 56 to 59 of this Act
"conform" means conform in all respects or with any permitted variation.
(4) Subject to subsection (6) below, a type approval
certificate may be issued for a type vehicle where the Secretary of State is satisfied
that one or more, but not all, of the relevant type approval requirements are
complied with in the case of that vehicle.
(5) A
further type approval certificate may be issued by virtue of subsection (4) above
on the application of any person— (a) who
manufactures any part of the vehicle, or (b) by
whom the vehicle is finally assembled; and
references in the following provisions of this section and in sections 56 to 59
of this Act to a manufacturer shall be construed accordingly.
(6) The
first type approval certificate issued for a type vehicle by virtue of subsection
(4) above must specify the design weights for conforming vehicles, and accordingly—
(a) so
much of subsection (2) above or section 57 (1) to (3) of this Act as requires
the Secretary of State or a manufacturer to specify in any certificate under this
or that section the design weights or plated weights for a vehicle or as requires
the Secretary of State or a manufacturer to mark or secure the marking of the
plated weights on a vehicle does not apply to a subsequent type approval certificate
issued by virtue of subsection (4) above or to the certificates of conformity
issued in consequence of such a type approval certificate, and
(b) so
much of section 58 (2) of this Act as requires the Secretary of State to specify
in any certificate issued by him the design weights and plated weights for a vehicle
or to secure that the plated weights are marked on a vehicle does not apply to
a Minister's approval certificate issued by virtue of subsection (4) above.
(7) Subsection
(6) above does not apply in relation to vehicle parts.
(8) Where
the Secretary of State determines on an application under this section not to
issue a type approval certificate in respect of a vehicle, he must give to the
applicant a written notification of the determination, stating the grounds on
which it is based. |
Conditions of, and cancellation or suspension of, type approval certificates.
|
56.—(1) A type approval
certificate may be issued subject to conditions with respect to—
(a) the
inspection by officers of the Secretary of State of vehicles purporting to conform
with the type vehicle in the relevant aspects of design, construction, equipment
and marking and of parts of such vehicles and their equipment, and the entry of
premises where they are manufactured, and (b) the
notification by the manufacturer of differences of design, construction, equipment
or markin s and the
type vehicle which might affect the type approval requirements or the criteria
for determining the design weights of those vehicles. (2) If—
(a) it
appears to the Secretary of State that there has been a breach of a condition
subject to which a type approval certificate has been granted, or
(b) the
Secretary of State ceases to be satisfied as to any other matter relevant to a
type approval certificate, he
may cancel or suspend the certificate, but the cancellation or suspension shall
not affect the validity of any certificate of conformity previously issued in
consequence of the type approval certificate.
(3) Where
the Secretary of State cancels or suspends a certificate in pursuance of this
section, he shall give a written notification of that fact to the holder of the
certificate stating the grounds for the cancellation or suspension. |
Certificates of conformity.
|
57.—(1) The manufacturer
of a type vehicle in respect of which a type approval certificate is in force
may issue, in respect of each vehicle manufactured by him which conforms with
the type vehicle in such of the relevant aspects of design, construction, equipment
and marking as are mentioned in the type approval certificate, a certificate (in
this Part of this Act referred to as a "certificate of conformity")—
(a) stating
that it does so conform, and (b) specifying
the design weights for the vehicle, and
must in the case of goods vehicles of such classes as may be prescribed specify
in the certificate one or more of the plated weights for the vehicle.
(2) Where a manufacturer issues a certificate of
conformity for a goods vehicle, the Secretary of State must— (a) on
an application made by any person containing such information as he may require
with respect to the proposed circumstances of operation of the goods vehicle,
and (b) on
production of that certificate, specify
in the certificate any plated weights for the goods vehicle not so specified by
the manufacturer.
(3) Where a manufacturer
issues a certificate of conformity for a goods vehicle then— (a) if
he is required by subsection (1) above to specify any plated weights for the goods
vehicle in the certificate, he must mark those weights on the goods vehicle by
means of a plate fixed to it, and (b) in
any other case the Secretary of State must on an application for the purpose secure
that those weights are so marked. (4) Any
certificate of conformity issued in consequence of any type approval certificate
issued by virtue of section 55(4) of this Act shall relate only to the requirement
or requirements to which that type approval certificate relates.
(5) Subsections
(2) and (3) above do not apply in relation to vehicle parts. |
Minister's approval certificates.
|
58.—(1) Where the
Secretary of State is satisfied, on application made to him by any person in respect
of a vehicle of a class to which regulations under section 54 of this Act apply
and after examination of the vehicle, that— (a) the
vehicle complies with the relevant type approval requirements, and
(b) in
the case of a goods vehicle, the Secretary of State has sufficient information
to enable the plated weights to be ascertained for the vehicle, he
may issue a certificate (in this Part of this Act referred to as a "Minister's
approval certificate").
(2) The certificate
must state that the vehicle complies with those requirements and specify—
(a) its
design weights, and (b) in
the case of a goods vehicle, its plated weights, and,
where the Secretary of State issues such a certificate in respect of a goods vehicle,
he must secure that the plated weights are marked on the vehicle by means of a
plate fixed to it.
(3) Where by virtue of
section 57(4) of this Act a certificate of conformity issued in respect of a vehicle
relates to one or more, but not all, of the relevant type approval requirements,
the Secretary of State may issue in respect of that vehicle a Minister's approval
certificate relating to one or more of the other relevant type approval requirements.
(4) Where— (a) a
Minister's approval certificate is given as respects a vehicle, and
(b) the
Secretary of State is satisfied— (i) on
the application of the manufacturer of the vehicle or, in the case of an imported
vehicle, the importer of the vehicle, and (ii) after
the consideration of such evidence as he thinks necessary, that
another vehicle manufactured by that manufacturer or, as the case may be, imported
by that importer conforms with the first mentioned vehicle as respects the relevant
aspects of design, construction, equipment and marking, the
Secretary of State may issue a Minister's approval certificate in respect of that
other vehicle without examining it.
(5) Where
the Secretary of State issues such a certificate by virtue of subsection (4) above,
he must specify the plated weights which are to be marked on the other vehicle.
(6) Subsection (4) above shall apply in relation
to vehicles brought into Great Britain from Northern Ireland as it applies in
relation to imported vehicles, and references in that subsection to the importer
shall be construed accordingly.
(7) Where
the Secretary of State determines on an application under this section not to
issue a Minister's approval certificate in respect of a vehicle, he must give
to the applicant a written notification of the determination, stating the grounds
on which it is based. |
Supplementary provisions as to certificates of conformity and Minister's approval
certificates.
|
59.—(1) The Secretary
of State may by regulations require that prescribed alterations—
(a) in
any of the relevant aspects of design, construction, equipment or marking, or
(b) in
any such aspect which affects the plated weight, made
to any vehicle for which a certificate of conformity or a Minister's approval
certificate is issued shall, subject to any exemption granted under subsection
(2) below, be notified to the Secretary of State.
(2) The
Secretary of State may by notice in writing given to the manufacturer of vehicles
or to the owner of a vehicle for which a Minister's approval certificate is issued—
(a) direct
that any specified alteration in any of the aspects mentioned in subsection (1)
above to a vehicle to which the direction relates shall be notified to the Secretary
of State, (b) exempt
a vehicle to which the notice relates from all or any of the requirements of regulations
under subsection (1) above, subject to compliance with any conditions specified
in the notice. (3) Without
prejudice to the provisions of section 61 of this Act, the Secretary of State
may by regulations require that a certificate of conformity or Minister's approval
certificate issued for any vehicle shall specify— (a) the
regulations, if any, applicable to the vehicle under subsection (1) above at the
time of the issue of the certificate, (b) any
additional alteration to that vehicle required by any direction under subsection
(2) above to be notified to the Secretary of State, and (c) any
exemption applicable to that vehicle under that subsection. (4) A
certificate of conformity or a Minister's approval certificate specifying any
plated weights shall be treated for the purposes of the provisions of this Part
of this Act and any regulations made under them relating to plating certificates
(except section 50 (1) and (2) of this Act) as a plating certificate.
This subsection
does not apply in relation to vehicle parts. |
Appeals.
|
60.—(1) A person aggrieved
by the determination made on behalf of the Secretary of State with respect to
a type approval certificate, a certificate of conformity or a Minister's approval
certificate under sections 54 to 59 of this Act, including any determination with
respect to design weights or plated weights, may within the prescribed time and
in the prescribed manner appeal to the Secretary of State.
(2) On
the appeal the Secretary of State— (a) shall
have the like powers and duties as he has on an original application for a type
approval or a Minister's approval certificate or in respect of the plated weights
to be included in a certificate of conformity, (b) may
hold an inquiry in connection with it, and (c) may
appoint an assessor for the purpose of assisting him with the appeal or any such
inquiry. |
Regulations for the purposes of sections 54 to 60.
|
61.—(1) The Secretary
of State may make regulations for the purposes of sections 54 to 60 of this Act.
(2) Without prejudice to the generality of subsection
(1) above, such regulations— (a) may
provide for the examination of any vehicle in respect of which a certificate of
conformity or a Minister's approval certificate is in force in the event of an
alteration being made to the vehicle which is notifiable by virtue of section
59(1) or (2) of this Act and, in particular, may empower a goods vehicle examiner
or a public service vehicle examiner to require the vehicle to be examined at
a testing station provided under section 52, 62 or 72 of this Act,
(b) may
authorise the cancellation, suspension or amendment of a certificate of conformity
or a Minister's approval certificate on an examination of any vehicle in pursuance
of regulations made by virtue of paragraph (a) above, (c) shall
give a right of appeal to any person aggrieved by a determination on any such
examination and for that purpose may apply section 50(1) to (4) of this Act,
(d) may
contain the like provisions with respect to any such examination and any appeal
brought by virtue of paragraph (c) above as may be contained in regulations made
by virtue of paragraphs (b), (c), (g) and (h) of section 51(1) of this Act in
relation to the examinations and appeals there mentioned, (e) may
require the payment of fees or other charges in connection with the provision
by the Secretary of State of services or facilities or the issue by him of certificates
and other documents, (f) may
provide— (i) for
the authorisation of persons to carry out examinations, in connection with the
issue of type approval certificates, of vehicles or vehicle parts of such classes
as may be specified in the regulations, (ii) for
the imposition of conditions to be complied with by persons so authorised, and
(iii) for
the withdrawal of authorisations, (g) may
make provision as to the form of, and particulars to be contained in, certificates
of conformity and provide for the supply by the Secretary of State of forms for
such certificates, (h) may
provide for the issue of replacements for plates fixed to vehicles under sections
54 to 58 of this Act, certificates of conformity and Minister's approval certificates
which have been lost or defaced and provide for the payment of a fee for their
issue, (j) may
require persons empowered by sections 54 to 58 of this Act to issue certificates
of conformity to keep records— (i) of
certificates of conformity issued by them, and (ii) of
the vehicles or vehicle parts in respect of which such certificates are issued,
and may authorise
the inspection of such records by such persons and in such circumstances as may
be prescribed, and (k) may
make different provisions for different cases. (3) Without
prejudice to any regulations made by virtue of section 51(1)(c) of this Act, as
applied by this section, the Secretary of State may give directions with respect
to the manner in which examinations to which such regulations apply are to be
carried out.
(4) Where regulations under
this section impose the like requirement as may be imposed by regulations made
by virtue of section 51(1)(c)(ii) of this Act, the regulations may provide that
a person who contravenes or fails to comply with a requirement so imposed is guilty
of an offence.
(5) In this section "public
service vehicle examiner" means a person appointed as such an examiner under section
7(2) of the [1981 c. 14.] Public Passenger Vehicles Act 1981. |
Other supplementary provisions.
|
62.—(1) The Secretary
of State may provide and maintain stations where examinations of vehicles under
sections 54 to 61 of this Act or regulations under those sections may be carried
out and may provide and maintain the apparatus for carrying out such examinations.
(2) Where an agreement entered into between
Her Majesty's Government and the Government of a country outside Great Britain
provides for the recognition in Great Britain of arrangements under the law of
that country with respect to the approval of the design, construction, equipment
or marking of vehicles of any description manufactured in that country, the Secretary
of State may make regulations— (a) applying,
with such adaptations and modifications as he thinks fit, all or any of the provisions
of sections 54 to 60 of this Act and of regulations under section 61 of this Act,
so far as relating to type approval certificates and certificates of conformity,
to vehicles of that description manufactured in that country,
(b) providing
that a certificate issued under any such provision as so applied shall be treated
for the purposes of any other provisions of this Part of this Act prescribed by
the regulations as a type approval certificate or as a certificate of conformity,
(c) providing
for the cancellation or suspension (subject to any savings prescribed by the regulations)
of any such certificate in the event of the agreement ceasing to be in force or
being modified. (3) Except
in the case of vehicles of such class as may be prescribed, in sections 57, 58
and 61 of this Act "goods vehicle" includes a vehicle which is a chassis for,
or will otherwise form part of, a vehicle which when completed will be a goods
vehicle. |
Obligatory type approval certificates, certificates of conformity and Minister's
approval certificates.
|
63.—(1) If—
(a) any
person at any time on or after the day appointed by regulations made by the Secretary
of State in relation to vehicles or vehicle parts of a prescribed class, being
vehicles or vehicle parts to which type approval requirements prescribed by those
regulations apply— (ii) causes
or permits to be so used, a
vehicle of that class or a vehicle to which is fitted a vehicle part of that class,
and (b) it
does not appear from one or more certificates then in force under sections 54
to 58 of this Act that the vehicle or vehicle part complies with those requirements,
he is guilty
of an offence. Different
days may be appointed under this subsection in relation to different classes of
vehicles or vehicle parts.
(2) If a plating certificate— (a) has
been issued for a goods vehicle to which section 53(1) of this Act or subsection
(1) above applies, but (b) does
not specify a maximum laden weight for the vehicle together with any trailer which
may be drawn by it, any
person who on or after the relevant date within the meaning of section 53(1) of
this Act or, as the case may be, the day appointed under subsection (1) above
uses the vehicle on a road for drawing a trailer, or causes or permits it to be
so used, is guilty of an offence.
(3) Any
person who— (a) uses
a vehicle on a road, or (b) causes
or permits a vehicle to be so used, when
an alteration has been made to the vehicle or its equipment which is required
by regulations or directions under section 59 of this Act to be, but has not been,
notified to the Secretary of State is guilty of an offence.
(4) In
any proceedings for an offence under subsection (3) above, it shall be a defence
to prove that the regulations were not or, as the case may be, the alteration
was not, specified in the relevant certificate of conformity or Minister's approval
certificate in accordance with regulations under section 59(3) of this Act.
(5) The Secretary of State may by regulations—
(a) exempt
from all or any of the preceding provisions of this section the use of vehicles
for such purposes or in such an area as may be prescribed, (b) except
any class of goods vehicles from the provisions of subsection (2) above, and
(c) make
provision for the issue in respect of a vehicle or vehicle part in such circumstances
as may be prescribed of a certificate of temporary exemption exempting that vehicle
or vehicle part from the provisions of subsection (1) above for such period as
may be specified in the certificate. |
Using goods vehicle with unauthorised weights as well as authorised weights marked
on it.
|
64.—(1) If there is
fixed to a goods vehicle a plate containing plated weights of any description—
(a) determined
for that vehicle by virtue of sections 49 to 52 of this Act, or
(b) specified
in a certificate for that vehicle under section 57(1) or (2) or 58(2) or (5) of
this Act, the
vehicle shall not, while it is used on a road, be marked with any other weights,
except other plated weights, other weights required or authorised to be marked
on the vehicle by regulations under section 41 of this Act or weights so authorised
for the purposes of this section by regulations made by the Secretary of State
and marked in the prescribed manner.
(2) In
the event of a contravention of or failure to comply with this section the owner
of the vehicle is guilty of an offence. |
Vehicles and parts not to be sold without required certificate of conformity or
Minister's approval certificate.
|
65.—(1) If—
(a) any
person at any time on or after the day appointed by regulations under section
63(1) of this Act supplies a vehicle or vehicle part of a class to which those
regulations apply, and (b) it
does not appear from one or more certificates in force at that time under sections
54 to 58 of this Act that the vehicle or vehicle part complies with all the relevant
type approval requirements prescribed by those regulations, he
is guilty of an offence.
(2) In this section
references to supply include— (b) offer
to sell or supply, and (3) A
person shall not be convicted of an offence under this section in respect of the
supply of a vehicle or vehicle part if he proves— (a) that
it was supplied for export from Great Britain, (b) that
he had reasonable cause to believe that it would not be used on a road in Great
Britain or, in the case of a vehicle part, that it would not be fitted to a vehicle
used on a road in Great Britain or would not be so used or fitted until it had
been certified under sections 54 to 58 of this Act, or (c) that
he had reasonable cause to believe that it would only be used for purposes or
in any area prescribed by the Secretary of State under section 63(5) of this Act
or, in the case of a goods vehicle, under section 53(5) of this Act. (4) Nothing
in subsection (1) above shall affect the validity of a contract or any rights
arising under or in relation to a contract.
| | |
Conditions
for grant of excise licence |
Regulations prohibiting the grant of excise licences for certain vehicles except
on compliance with certain conditions.
|
66.—(1) The Secretary
of State may by regulations provide that where— (a) application
is made for a licence under the [1971 c. 10.] Vehicles (Excise) Act
1971 for a vehicle to which section 47 of this Act applies, and
(b) in
the case of an application relating to a vehicle to which that section applies
by virtue of subsection (2)(b) of that section, it appears from the application
that the vehicle has been used on roads (whether in Great Britain or elsewhere)
before the date of the application, the
licence shall not be granted unless one of the following conditions is satisfied.
(2) Those conditions are that—
(a) there
is produced such evidence as may be prescribed of the granting of an effective
test certificate or (if it is so prescribed) there is produced such a certificate
or the Secretary of State is provided with a copy of it, or (b) there
is made such a declaration as may be prescribed that the vehicle is not intended
to be used during the period for which the licence is to be in force except for
a purpose prescribed under subsection (6), or in an area prescribed under subsection
(7), of section 47, or (c) in
the case of an application relating to a vehicle to which section 47 applies by
virtue of subsection (2)(b) of that section, the owner of the vehicle declares
in writing the year in which the vehicle was manufactured, and the specified period
from the date of manufacture has not expired. (3) The
Secretary of State may by regulations provide that where application is made for
a licence under the [1971 c. 10.] Vehicles (Excise) Act 1971 for a
goods vehicle to which section 53(2) of this Act applies or for a vehicle of any
class to which section 63(1) of this Act applies, the licence shall not be granted
unless the requirements of subsection (4), subsection (5) or subsection (6) below
are satisfied.
(4) The requirements of this
subsection are that— (a) on
any application, after the relevant date within the meaning of section 53(2),
for a licence for a vehicle to which section 53(2) applies, there is produced
evidence that an effective goods vehicle test certificate is in force for the
vehicle, (b) on
the first application, after the day appointed by regulations made by virtue of
section 63(1), for a licence for a vehicle of any class to which those regulations
apply, there is produced evidence that there is or are one or more certificates
in force for the vehicle under sections 54 to 58 of this Act from which it appears
that the vehicle complies with all the relevant type approval requirements prescribed
by those regulations. (5) The
requirements of this subsection are that there is made such a declaration as may
be prescribed that the vehicle is not intended to be used during the period for
which the licence is to be in force except for a purpose or in an area prescribed
under paragraph (a) of section 53(5) or 63(5) of this Act.
(6) The
requirements of this subsection are that there is produced in respect of the vehicle
a certificate of temporary exemption issued by virtue of paragraph (b) of section
53(5) or paragraph (c) of section 63(5) which exempts that vehicle from the provisions
of section 53(2) or 63(1) of this Act, as the case may be, for a period which
includes the date on which the licence is to come into force.
(7) Regulations
under subsection (3) above may be made so as to apply to such classes only of
vehicles as may be specified in the regulations.
(8) For
the purposes of this section the date of manufacture of a vehicle shall be taken
to be the last day of the year during which its final assembly is completed, except
where after that day modifications are made to the vehicle before it is sold or
supplied by retail, and in that excepted case shall be taken to be the last day
of the year during which the modifications are completed.
(9) In
this section— "appropriate
period" has the same meaning as in section 47 of this Act, "effective
goods vehicle test certificate" means, in relation to an application for a licence
for a vehicle, a goods vehicle test certificate relating to the vehicle which
will be in force on the date on which the licence is to come into force,
"effective
test certificate" means, in relation to an application for a licence for a vehicle,
a test certificate relating to the vehicle and issued within the appropriate period
before the date on which the licence is to come into force, "specified
period" means the period for the time being specified in section 47(2)(a) and
(b) of this Act.
| | |
Testing
vehicles on roads |
Testing of condition of vehicles on roads.
|
67.—(1) An authorised
examiner may test a motor vehicle on a road for the purpose of— (a) ascertaining
whether the requirements imposed by law as to— (i) brakes,
silencers, steering gear and tyres, (ii) the
prevention or reduction of noise, smoke, fumes or vapour, and
(iii) lighting
equipment and reflectors, are
complied with as respects the vehicle, and (b) bringing
to the notice of the driver any failure to comply with those requirements.
(2) The
examiner may drive the vehicle for the purpose of testing it.
(3) A
vehicle shall not be required to stop for a test except by a constable in uniform.
(4) The following persons may ac (a) a
certifying officer or public service vehicle examiner appointed under the [1981
c. 14.] Public Passenger Vehicles Act 1981, (b) a
person appointed as an examiner under section 68(1) of this Act,
(c) a person
appointed to examine and inspect public carriages for the purposes of the [1869
c. 115.] Metropolitan Public Carriage Act 1869, (d) a
person appointed to act for the purposes of this section by the Secretary of State,
(e) a
constable authorised so to act by or under instructions of the chief officer of
police, and (f) a
person appointed by the police authority for a police area to act, under the directions
of the chief officer of police, for the purposes of this section. (5) A
person mentioned in subsection (4)(a) to (d) and (f) must produce his authority
to act for the purposes of this section if required to do so.
(6) On
the examiner proceeding to test a vehicle under this section, the driver may,
unless the test is required under subsection (7) or (8) below to be carried out
forthwith, elect that the test shall be deferred to a time, and carried out at
a place, fixed in accordance with Schedule 2 to this Act, and the provisions of
that Schedule shall apply accordingly.
(7) Where
it appears to a constable that, by reason of an accident having occurred owing
to the presence of the vehicle on a road, it is requisite that a test should be
carried out forthwith, he may require it to be so carried out and, if he is not
to carry it out himself, may require that the vehicle shall not be taken away
until the test has been carried out.
(8) Where
in the opinion of a constable the vehicle is apparently so defective that it ought
not to be allowed to proceed without a test being carried out, he may require
the test to be carried out forthwith.
(9) If
a person obstructs an authorised examiner acting under this section, or fails
to comply with a requirement of this section or Schedule 2 to this Act, he is
guilty of an offence.
(10) In this section
and in Schedule 2 to this Act— (a) "test"
includes "inspect" or "inspection", as the case may require, and
(b) references
to a vehicle include references to a trailer drawn by it.
| | |
Maintenance
and loading of goods vehicles |
Power to inspect goods vehicles to secure proper maintenance.
|
68.—(1) For the purpose
of securing that goods vehicles are maintained in a fit and serviceable condition
and that, in relation to goods vehicles, the provisions of this Part of this Act
(except section 74) and of Part V of the [1968 c. 73.] Transport Act
1968 are observed, the Secretary of State must appoint such examiners as he considers
necessary.
(2) In this Part of this Act
"goods vehicle examiner" means an examiner appointed under subsection (1) above
or a certifying officer appointed under the [1981 c. 14.] Public Passenger
Vehicles Act 1981.
(3) A goods vehicle
examiner— (a) may
at any time, on production if so required of his authority, enter and inspect
any goods vehicle, and for that purpose detain the vehicle during such time as
is required for the inspection, and (b) may
at any time which is reasonable having regard to the circumstances of the case
enter any premises on which he has reason to believe that a goods vehicle is kept.
(4) A
person who obstructs a goods vehicle examiner in the performance of his duty under
subsection (3) above is guilty of an offence.
(5) A
goods vehicle examiner or a constable in uniform may at any time require any person
in charge of a stationary goods vehicle on a road to proceed with the vehicle
for the purpose of having it inspected under this section to any place where an
inspection can be suitably carried out (not being more than five miles from the
place where the requirement is made).
(6) A
person in charge of a goods vehicle who refuses or neglects to comply with a requirement
made under subsection (5) above is guilty of an offence. |
Power to prohibit the driving of unfit goods vehicles.
|
69.—(1) If—
(a) on
any inspection of a goods vehicle under section 68 of this Act, or
(b) on
an examination of such a vehicle under re FONT FACE="Verdana, Arial,
Helvetica, sans-serif" SIZE="2">it appears to a goods vehicle examiner
that, owing to any defects in the vehicle, it is, or is likely to
become, unfit for service, he may prohibit the driving of the vehicle
on a road either absolutely or for a specified purpose.
(2) Where a goods vehicle examiner prohibits the
driving of a vehicle under subsection (1) above, he must forthwith give notice
in writing of the prohibition to the person in charge of the vehicle at the time
of the inspection— (a) specifying
the defects which occasioned the prohibition, (b) stating
whether the prohibition is on all driving of the vehicle or driving it for a specified
purpose (and if the latter specifying the purpose), and (c) stating
whether the prohibition is to come into force immediately or at the end of a specified
period. (3) A
prohibition under subsection (1) above with respect to any vehicle shall, subject
to any exemption granted under subsection (6) below, come into force as soon as
notice of it has been given under subsection (2) above if, in the opinion of the
examiner, the defects in the vehicle are such that driving it, or driving it for
any purpose specified in the notice, will create an immediate risk to public safety,
and the prohibition shall afterwards continue in force until it is removed under
section 72 of this Act.
(4) In any other
case a prohibition under subsection (1) above shall, unless previously removed
under section 72 and subject to any exemption under subsection (6) below, come
into force at such time not later than ten days from the date of the inspection
as seems appropriate to the examiner having regard to all the circumstances, and
shall afterwards continue in force until it is so removed.
(5) A
prohibition under subsection (1) above may be imposed with a direction making
it irremovable unless and until the vehicle has been inspected at an official
testing station.
(6) Where a notice has
been given under subsection (2) above any examiner may grant an exemption in writing
for the use of the vehicle in such manner, subject to such conditions and for
such purpose as may be specified in the exemption.
(7) Where
any such notice has been given an examiner may by endorsement on the notice vary
its terms and, in particular, alter the time at which the prohibition is to come
into force or suspend it if it has come into force. |
Power to prohibit driving of overloaded goods vehicles.
|
70.—(1) Subsections
(2) and (3) below apply where a goods vehicle has been weighed in pursuance of
a requirement imposed under section 78 of this Act and it appears to—
(a) a
goods vehicle examiner, (b) a
person authorised with the consent of the Secretary of State to act for the purposes
of this subsection by— (i) a
highway authority other than the Secretary of State, or (ii) a
local roads authority in Scotland, or (c) a
constable authorised to act for those purposes by or on behalf of a chief officer
of police, that
the limit imposed by construction and use requirements with respect to any description
of weight which is applicable to that vehicle has been exceeded or would be exceeded
if it were used on a road.
(2) The person
to whom it so appears may, whether or not a notice is given under section 69(2)
of this Act, give notice in writing to the person in charge of the vehicle prohibiting
the driving of the vehicle on a road until— (a) that
weight is reduced to that limit, and (b) official
notification has been given to whoever is for the time being in charge of the
vehicle that it is permitted to proceed. (3) The
person to whom it so appears may also by direction in writing require the person
in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a
trailer, also to remove the trailer fied in the direction; and the prohibition shall not apply to the
removal of the vehicle or trailer in accordance with that direction.
(4) Official notification for the purposes of subsection
(2) above— (a) must
be in writing and be given by a goods vehicle examiner, a person authorised as
mentioned in subsection (1) above or a constable authorised as so mentioned, and
(b) may
be withheld until the vehicle has been weighed or reweighed in order to satisfy
the person giving the notification that the weight has been sufficiently reduced.
(5) Nothing
in this section shall be construed as limiting the power of the Secretary of State
to make regulations under section 71(2) of this Act. |
Offences in connection with unfit or overloaded goods vehicles.
|
71.—(1) A person who—
(a) drives
a goods vehicle on a road, or causes or permits a goods vehicle to be so driven,
in contravention of a prohibition under section 69 or 70 of this Act, or
(b) refuses,
neglects or otherwise fails to comply within a reasonable time with a direction
under section 70(3) of this Act, is
guilty of an offence.
(2) The Secretary
of State may by regulations exempt from subsection (1) above the use of vehicles
for such purposes as may be prescribed. |
Removal of prohibitions.
|
72.—(1) A prohibition
under section 69 or 70 of this Act may be removed by any goods vehicle examiner
if he is satisfied that the vehicle is fit for service.
(2) A
person aggrieved by the refusal of an examiner appointed under section 68(1) of
this Act to remove a prohibition may make an application to any licensing authority
to have the vehicle inspected by a certifying officer appointed under the [1981
c. 14.] Public Passenger Vehicles Act 1981.
(3) Where
any such application is made, the certifying officer, on the matter being referred
to him, must, if he considers that the vehicle is fit for service, remove the
prohibition.
(4) If the prohibition has
been imposed with a direction under section 69(5) of this Act, a goods vehicle
examiner must not remove it unless and until the vehicle has been inspected at
an official testing station.
(5) A person
aggrieved by the refusal of a certifying officer to remove a prohibition may,
within the prescribed time and in the prescribed manner, appeal to the Secretary
of State.
(6) The Secretary of State may
make such order on the appeal as he thinks fit, and the order shall be binding
on the certifying officer.
(7) Where a goods
vehicle examiner removes a prohibition, he must forthwith give notice of the removal—
(a) to
the owner of the vehicle, and (b) in
the case of an authorised vehicle, to the licensing authority by whom the operator's
licence was granted for the vehicle. (8) The
Secretary of State may provide and maintain stations (in this Part of this Act
referred to as "official testing stations" ) where inspections of goods vehicles
for the purposes of this section may be carried out and may provide and maintain
the apparatus for carrying out such examinations.
(9) In
the case of vehicles brought to an official testing station for inspection with
a view to removal of a prohibition, the Secretary of State may require the payment
of fees for inspection, in accordance with prescribed scales and rates; and
(a) payment
of the fee may be required to be made in advance, (b) the
Secretary of State must ensure that all the scales and rates prescribed for the
purposes of this subsection are reasonably comparable with the fees charged by
virtue of section 51(1)(h) of this Act in respect of the periodic examination
of goods vehicles. (10) The
Secretary of State may make regulations for prescribing anything which may be
prescribed under subsection (5) or (9) above and for regulating the procedure
on appeals to him under subsection (5) above.
(11) A
licensing authority may hold such inquiries as he thinks necessary for the proper
exercise of his functions under this section. |
Provisions supplementary to sections 69 to 72.
|
73.—(1) On giving
a notice under section 69(2) or 70(2) of this Act to a person in charge of a vehicle,
the person giving the notice must as soon as practicable take steps to bring the
contents of the notice— (a) to
the attention of the owner of the vehicle if he was not in charge of it at the
time when the notice was given, and (b) in
the case of an authorised vehicle, to the attention of the licensing authority
by whom the operator's licence was granted for the vehicle. (2) A
goods vehicle examiner must, in exercising his functions under this section and
sections 69 and 70 of this Act, act under the general directions of the Secretary
of State and (without prejudice to that) must, in exercising his functions under
section 69(6) of this Act, act in accordance with any directions given by the
Secretary of State with respect to the exercise of those functions in any particular
case.
(3) Any reference in sections 69 to
72 of this Act to the driving of a vehicle is, in relation to a trailer, a reference
to the driving of the vehicle by which the trailer is drawn.
(4) In
this section and section 72 of this Act "authorised vehicle" and "operator's licence"
have the same meaning as in Part V of the [1968 c. 73.] Transport
Act 1968.
| | |
Miscellaneous
provisions about vehicles and vehicle parts |
Operator's duty to inspect, and keep records of inspections of, goods vehicles.
|
74.—(1) The Secretary
of State may make regulations requiring the operator for the time being of a goods
vehicle to which the regulations apply to secure— (a) the
carrying out by a suitably qualified person (including the operator if so qualified)
of an inspection of the vehicle for the purpose of ascertaining whether the construction
and use requirements with respect to any prescribed matters, being requirements
applicable to the vehicle, are complied with, and (b) the
making and authentication of records of such matters relating to any such inspection
as may be prescribed, including records of the action taken to remedy any defects
discovered on the inspection, and
providing for the preservation of such records for a prescribed period not exceeding
fifteen months and their custody and production during that period.
(2) Regulations
under this section may— (a) apply
to all goods vehicles or to goods vehicles of such classes as may be prescribed,
(b) require
the inspection of goods vehicles under the regulations to be carried out at such
times, or before the happening of such events, as may be prescribed, and
(c) make
different provision for different cases. (3) Any
person who contravenes or fails to comply with any provision of regulations under
this section is guilty of an offence.
(4) In
this section "the operator" , in relation to a goods vehicle, means the person
to whom it belongs or the hirer of it under a hire purchase agreement; but, if
he has let it on hire (otherwise than by way of hire-purchase) or lent it to any
other person, it means a person of a class prescribed by regulations under this
section in relation to any particular class of goods vehicles or, subject to any
such regulations, that other person. |
Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.
|
75.—(1) Subject to
the provisions of this section no person shall supply a motor vehicle or trailer
in an unroadworthy condition.
(2) In this
section references to supply include— (b) offer
to sell or supply, and (3) For
the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy
condition if— (a) it
is in such a condition that the use of it on a road in that condition would be
unlawful by virtue of any provision made by regulations under section 41 of this
Act as respects— (i) brakes,
steering gear or tyres, or (ii) the
construction, weight or equipment of vehicles, or (iii) the
maintenance of vehicles, their parts and accessories in such a condition that
no danger is or is likely to be caused, or (b) it
is in such a condition, as respects lighting equipment or reflectors or their
maintenance, that it is not capable of being used on a road during the hours of
darkness without contravention of the requirements imposed by law as to obligatory
lamps or reflectors. (4) Subject
to the provisions of this section no person shall alter a motor vehicle or trailer
so as to render its condition such that the use of it on a road in that condition
would be unlawful by virtue of any provision made as respects the construction,
weight or equipment of vehicles by regulations under section 41.
(5) A
person who supplies or alters a motor vehicle or trailer in contravention of this
section, or causes or permits it to be so supplied or altered, is guilty of an
offence.
(6) A person shall not be convicted
of an offence under this section in respect of the supply or alteration of a motor
vehicle or trailer if he proves— (a) that
it was supplied or altered, as the case may be, for export from Great Britain,
or (b) that
he had reasonable cause to believe that the vehicle or trailer would not be used
on a road in Great Britain, or would not be so used until it had been put into
a condition in which it might lawfully be so used, or (c) in
the case of a vehicle or trailer the supply of which is alleged to be unlawful
by reason of its condition as respects lighting equipment or reflectors or their
maintenance, that he had reasonable cause to believe that the vehicle or trailer
would not be used on a road in Great Britain during the hours of darkness until
it had been put into a condition in which it might be so used during those hours
without contravention of the requirements imposed by law as to obligatory lamps
or reflectors. (7) Nothing
in the preceding provisions of this section shall affect the validity of a contract
or any rights arising under a contract.
(8) In
this section "obligatory lamps or reflectors" means, in relation to a motor vehicle
or trailer, the lamps or reflectors required by law to be carried on it while
it is on a road— (a) during
the hours of darkness, and (b) when
it is neither drawing nor being drawn by another vehicle, except
that the expression does not, in the case of a trailer, include any lamps showing
a white light to the front. |
Fitting and supply of defective or unsuitable vehicle parts.
|
76.—(1) If any person—
(a) fits
a vehicle part to a vehicle, or (b) causes
or permits a vehicle part to be fitted to a vehicle,
(a) that
the vehicle to which the part was fitted was to be exported from
Great Britain, or
(b) that
he had reasonable cause to believe that that vehicle— (i) would
not be used on a road in Great Britain, or (ii) that
it would not be so used until it had been put into a condition in which its use
would not constitute a contravention of or a failure to comply with any of the
construction and use requirements. (3) If
a person— (a) supplies
a vehicle part or causes or permits a vehicle part to be supplied, and
(b) has
reasonable cause to believe that the part is to be fitted to a motor vehicle,
or to a vehicle of a particular class, or to a particular vehicle, he
is guilty of an offence if that part could not be fitted to a motor vehicle or,
as the case may require, to a vehicle of that class or of a class to which the
particular vehicle belongs, except in such circumstances that the use of the vehicle
on a road would, by reason of that part being fitted to the vehicle, constitute
a contravention of or failure to comply with any of the construction and use requirements.
(4) In this section references to supply include—
(b) offer
to sell or supply. (5) A
person shall not be convicted of an offence under subsection (3) above in respect
of the supply of a vehicle part if he proves— (a) that
the part was supplied for export from Great Britain, or (b) that
he had reasonable cause to believe that— (i) it
would not be fitted to a vehicle used on a road in Great Britain, or
(ii) it
would not be so fitted until it had been put into such a condition that it could
be fitted otherwise than in such circumstances that the use of the vehicle on
a road would, by reason of that part being fitted to the vehicle, constitute a
contravention of or failure to comply with any of the construction and use requirements.
(6) An
authorised examiner may at any reasonable hour enter premises where, in the course
of a business, vehicle parts are fitted to vehicles or are supplied and test and
inspect any vehicle or vehicle part found on those premises for the purpose of
ascertaining whether— (a) a
vehicle part has been fitted to the vehicle in such circumstances that the use
of the vehicle on a road would, by reason of that part being fitted to the vehicle,
constitute a contravention of or failure to comply with any of the construction
and use requirements, or (b) the
vehicle part could not be supplied for fitting to a vehicle used on roads in Great
Britain without the commission of an offence under subsection (3) above.
(7) For
the purpose of testing a motor vehicle and any trailer drawn by it the authorised
examiner may drive it and for the purpose of testing a trailer may draw it with
a motor vehicle.
(8) Any person who obstructs
an authorised examiner acting under subsection (6) or (7) above is guilty of an
offence.
(9) In subsections (6) to (8) above
"authorised examiner" means a person who may act as an authorised examiner for
the purposes of section 67 of this Act; and any such person, other than a constable
in uniform, shall produce his authority to act for the purpose of subsections
(6) and (7) above if required to do so.
(10) Nothing
in this section shall affect the validity of a contract or of any rights arising
under a contract. |
Testing condition of used vehicles at sale rooms, etc.
|
77.—(1) An authorised
examiner may at any reasonable hour enter premises where used motor vehicles or
trailers are supplied in the course of a business and test and inspect any used
motor vehicle or trailer found on the premises for the purpose of ascertaining
whether it is in an unroadworthy condition for the purposes of section 75(1) of
this Act.
(2) In this section (except paragraph
(d) below) references to supply include— (b) offer
for sale or supply, (d) otherwise
keep for sale or supply. (3) An
authorised examiner may at any reasonable hour enter premises where vehicles or
vehicle parts of a class prescribed for the purposes of section 63 of this Act
are supplied in the course of a business and test and inspect any such vehicle
or vehicle part for the purpose of ascertaining whether the vehicle or vehicle
part complies with the type approval requirements applicable to a vehicle or vehicle
part of that class.
(4) For the purpose
of testing a motor vehicle and any trailer drawn by it the authorised examiner
may drive it and for the purpose of testing a trailer may draw it with a motor
vehicle.
(5) A person who obstructs an authorised
examiner acting under this section is guilty of an offence.
(6) In
this section "authorised examiner" means a person who may act as an authorised
examiner for the purposes of section 67 of this Act; and any such person, other
than a constable in uniform, shall produce his authority to act for the purposes
of that section if required to do so.
(7) A
motor vehicle or trailer shall be treated for the purposes of this section as
used if, but only if, it has previously been sold or supplied by retail. |
Weighing of motor vehicles.
|
78.—(1) Subject to
any regulations made by the Secretary of State, an authorised person may, on production
of his authority, require the person in charge of a motor vehicle—
(a) to
allow the vehicle or any trailer drawn by it to be weighed, either laden or unladen,
and the weight transmitted to the road by any parts of the vehicle or trailer
in contact with the road to be tested, and (b) for
that purpose, to proceed to a weighbridge or other machine for weighing vehicles.
(2) For
the purpose of enabling a vehicle or a trailer drawn by it to be weighed or a
weight to be tested in accordance with regulations under subsection (1) above,
an authorised person may require the person in charge of the vehicle to drive
the vehicle or to do any other thing in relation to the vehicle or its load or
the trailer or its load which is reasonably required to be done for that purpose.
(3) If a person in charge of a motor vehicle—
(a) refuses
or neglects to comply with any requirement under subsection (1) or (2) above,
or (b) obstructs
an authorised person in the exercise of his functions under this section,
he is guilty
of an offence.
(4) An authorised person
may not require the person in charge of the motor vehicle to unload the vehicle
or trailer, or to cause or allow it to be unloaded, for the purpose of its being
weighed unladen.
(5) Regulations under subsection
(1) above may make provision with respect to— (a) the
manner in which a vehicle or trailer is to be weighed or a weight is to be tested
as mentioned in subsection (1) above, and (b) the
limits within which, unless the contrary is proved, any weight determined by a
weighbridge or other machine for weighing vehicles is to be presumed to be accurate
for the purposes of any provision made by or under this Act or by or under any
other enactment relating to motor vehicles or trailers, and
the regulations may make different provision in relation to vehicles of different
classes, in relation to different types of weighbridges and other machines and
in relation to different circumstances.
(6) If—
(a) at
the time when the requirement is made the vehicle is more than five miles from
the weighbridge or other machine, and (b) the
weight is found to be within the limits authorised by law, the
highway authority (in Scotland, roads authority) on whose behalf the requirement
is made must pay, in respect of loss occasioned, such amount as in default of
agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed
upon by the parties or, in default of agreement, appointed by the Secretary of
State.
(7) The Secretary of State may by
order designate areas in Great Britain where subsection (6) above is to have effect,
in such cases as may be specified by the order, with the substitution for five
miles of a greater distance so specified. An
order under this subsection shall be made by statutory instrument subject to annulment
by a resolution of either House of Parliament.
(8) In this section— (a) "road"
includes any land which forms part of a harbour or which is adjacent to a harbour
and is occupied wholly or partly for the purposes of harbour operations,
(b) "authorised
person" means a person authorised by a highway authority (in Scotland, a roads
authority) or a constable authorised on behalf of such an authority by a police
authority or a chief officer of police, and
in this subsection "harbour" and "harbour operations" have the meanings given
to them by section 57(1) of the [1964 c. 40.] Harbours Act 1964. |
Further provisions relating to weighing of motor vehicles.
|
79.—(1) Where a motor
vehicle or trailer is weighed under section 78 of this Act, a certificate of weight
must be given to the person in charge of the vehicle, and the certificate so given
shall exempt the motor vehicle and the trailer, if any, from being weighed so
long as it is during the continuance of the same journey carrying the same load.
(2) On production of his authority—
(a) a
certifying officer appointed under the [1981 c. 14.] Public Passenger
Vehicles Act 1981, or (b) an
examiner appointed under section 68 (1) of this Act, or (c) any
of the Secretary of State's officers authorised by him in that behalf,
may at any time
exercise with respect to the weighing of vehicles of a class prescribed for the
purposes of section 63 of this Act and goods vehicles generally all such powers
with respect to the weighing of motor vehicles and trailers as are exercisable
under section 78 of this Act by a constable authorised as mentioned in subsection
(8) of that section.
(3) The provisions
of section 78 of this Act shall apply accordingly in relation to vehicles of a
class so prescribed and goods vehicles generally— (a) as
if references to a constable so authorised included references to such a certifying
officer, examiner or officer of the Secretary of State, and (b) as
if the reference in subsection (6) to the authority on whose behalf the requirement
is made were a reference to the Secretary of State, and (c) as
if the reference in that subsection to the Secretary of State were a reference,
in relation to England and Wales, to the Lord Chief Justice of England and, in
relation to Scotland, to the Lord President of the Court of Session. (4) A
certificate in the prescribed form which— (a) purports
to be signed by an authorised person (within the meaning of section 78 of this
Act) or by a person exercising powers by virtue of subsection (2) above, and
(b) states,
in relation to a vehicle identified in the certificate, any weight determined
in relation to that vehicle on the occasion of its being brought to a weighbridge
or other machine in pursuance of a requirement under section 78(1) of this Act,
shall be evidence
(in Scotland, sufficient evidence) of the matter so stated.
(5) If,
for the purposes of or in connection with the determination of any weight in relation
to a vehicle which is brought to a weighbridge or other machine as mentioned in
section 78(1) of this Act, an authorised person (within the meaning of that section)
or a person exercising powers by virtue of subsection (2) above—
(a) drives
a vehicle or does any other thing in relation to a vehicle or its load or a trailer
or its load, or (b) requires
the driver of a vehicle to drive it in a particular manner or to a particular
place or to do any other thing in relation to a vehicle or its load or a trailer
or its load, neither
he nor any person complying with such a requirement shall be liable for any damage
to or loss in respect of the vehicle or its load or the trailer or its load unless
it is shown that he acted without reasonable care. |
Approval marks.
|
80.—(1) Where any
international agreement to which the United Kingdom is a party or a Community
obligation provides— (a) for
markings to be applied— (i) to
motor vehicle parts of any description to indicate conformity with a type approved
by any country, or (ii) to
a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts
of any description and either that the parts conform with a type approved by any
country or that the vehicle is such that as so fitted it conforms with a type
so approved, and (b) for
motor vehicle parts or, as the case may be, motor vehicles, bearing those markings
to be recognised as complying with the requirements imposed by the law of another
country, the
Secretary of State may by regulations designate the markings as approval marks,
and any markings so designated shall be deemed for the purposes of the [1968
c. 29.] Trade Descriptions Act 1968 to be a trade description, whether
or not the markings fall within the definition of the expression in section 2
of that Act.
(2) Any person who, without
being authorised by the competent authority to apply any approval mark, applies
that mark or a mark so nearly resembling it as to be calculated to deceive is
guilty of an offence under the Trade Descriptions Act 1968, whether or not he
would be guilty of such an offence apart from this subsection.
(3) The
conditions subject to which approval of any type may be given on behalf of the
United Kingdom or the use of approval marks indicating conformity with a type
approved by the United Kingdom may be authorised may include such conditions as
to testing or inspection and the payment of fees as the Secretary of State may
impose.
(4) In this section—
"motor vehicle" means
a mechanically propelled vehicle or a vehicle designed or adapted for towing by
a mechanically propelled vehicle, "motor
vehicle part" means any article made or adapted for use as part of a mechanically
propelled vehicle or a vehicle drawn by a mechanically propelled vehicle, or for
use as part of the equipment of any such vehicle, and shall be treated as including
any equipment for the protection of drivers or passengers in or on a motor vehicle
notwithstanding that it does not form part of, or of the equipment of, that vehicle,
and "the
competent authority" means— (a) as
respects any approval marks indicating conformity with a type approved by the
United Kingdom, the Secretary of State, and (b) as
respects any approval marks indicating conformity with a type approved by any
other country, the authority having power under the law of that country to authorise
the use of that mark.
| | |
Pedal
cycles and horse-drawn vehicles |
Regulation of brakes, bells etc., on pedal cycles.
|
81.—(1) The Secretary
of State may make regulations as to the use on roads of cycles, their construction
and equipment and the conditions under which they may be so used.
(2) In
particular, but without prejudice to the generality of subsection (1) above, the
regulations may make provision as to— (a) the
number, nature and efficiency of brakes and their maintenance in proper working
order, (b) the
appliances to be fitted for signalling approach and their maintenance in proper
working order, and (c) the
testing and inspection, by persons authorised under the regulations, of any equipment
prescribed under this section and of lighting equipment and reflectors.
(3) Regulations
under this section may provide for repealing byelaws dealing with the same subject-matter
as the regulations, and for suspending while the regulations remain in force any
power of making such byelaws.
(4) Regulations
under this section may be made so as to apply either generally or in such circumstances
only as may be specified in the regulations.
(5) Regulations
under this section as to the use on roads of cycles may prohibit the sale or supply,
or the offer of a sale or supply, of a cycle for delivery in such a condition
that the use of it on a road in that condition would be a contravention of the
regulations, but no provision made by virtue of this subsection shall affect the
validity of any contract or any rights arising under a contract.
(6) If
a person sells or supplies or offers to sell or supply a cycle in contravention
of any prohibition imposed by regulations made by virtue of subsection (5) above,
he is guilty of an offence, unless he proves— (a) that
it was sold, supplied or offered for export from Great Britain, or
(b) that
he had reasonable cause to believe that it would not be used on a road in Great
Britain, or would not be so used until it had been put into a condition in which
it might lawfully be so used. |
Regulation of brakes on horse-drawn vehicles.
|
82.—(1) The Secretary
of State may make regulations for regulating the number, nature and use of brakes,
including skid pans and locking-chains, in the case of vehicles drawn by horses
or other animals, or any class of such vehicles, when used on roads.
(2) Regulations under this section may be made for
securing that such brakes are efficient and kept in proper working order, and
for empowering persons authorised by or under the regulations to test and inspect
any such brakes, whether on a road or elsewhere.
(3) Regulations
under this section may provide for repealing byelaws dealing with the same subject
matter as the regulations, and for suspending while the regulations remain in
force any power of making such byelaws.
(4) Regulations
under this section may be made so as to apply either generally or in such circumstances
only as may be specified in the regulations.
| | |
Miscellaneous
|
Offences to do with reflectors and tail lamps.
|
83. A
person who sells, or offers or exposes for sale, any appliance adapted for use
as a reflector or tail lamp to be carried on a vehicle in accordance with the
provisions of this Act or of any regulations made under it, not being an appliance
which complies with the construction and use requirements applicable to a class
of vehicles for which the appliance is adapted, is guilty of an offence. |
Appointment of officials and destination of fees.
|
84.—(1) Subject to
the consent of the Treasury as to number, the Secretary of State may appoint such
officers and servants as he considers necessary for the operation of the provisions
of sections 68 to 73 of this Act.
(2) There
shall be paid to goods vehicles examiners appointed for the purposes of sections
68 to 73 of this Act such remuneration or salaries and such allowances (if any)
as the Secretary of State may, with the consent of the Treasury, determine.
(3) In every year there shall be paid out of
monies provided by Parliament such sums as the Secretary of State may, with the
consent of the Treasury, direct in respect of the remuneration, salaries and allowances
under subsection (2) above and the other expenses of examiners.
(4) Any
sum received by the Secretary of State in pursuance of sections 45, 46, 49 to
51, 54 to 62, 72(9) and 80 of this Act shall be paid into the Consolidated Fund. |
Interpretation of Part II.
|
85. In
this Part of this Act— "the
Community Recording Equipment Regulation" means Council Regulation (EEC) No. 3821/85
[OJ No. L370/8 of 31.12.85.] of 20th December 1985 on recording equipment in road
transport, as read with the [S.I. 1986/1456.] Community Drivers' Hours
and Recording Equipment (Exemptions and Supplementary Provisions) Regulations
1986, the [S.I.1986/1669.] Community Drivers' Hours and Recording Equipment
(Exemptions and Supplementary Provisions) (Amendment) Regulations 1986 and the
[S.I. 1987/805.]
Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary
Provisions) (Amendment) Regulations 1987, "licensing
authority" means a licensing authority for the purposes of Part V of the [1968
c. 73.] Transport Act 1968, "official
testing station" means a testing station m this Act, "prescribed"
means prescribed by regulations made by the Secretary of State,
"sold or supplied
by retail" means sold or supplied otherwise than to a person acquiring solely
for the purpose of resale or of re-supply for a valuable consideration,
"tail lamp"
means, in relation to a vehicle, any lamp carried attached to the vehicle for
the purpose of showing a red light to the rear in accordance with regulations
under section 41 of this Act, "traffic
area" has the same meaning as in the [1981 c. 14.] Public Passenger
Vehicles Act 1981, and "vehicle
part" means any article which is a motor vehicle part, within the meaning of section
80 of this Act, and any other article which is made or adapted for use as part
of, or as part of the equipment of, a vehicle which is intended or adapted to
be used on roads but which is not a motor vehicle within the meaning of that section.
|
Index to Part II.
|
86. The
expressions listed in the left-hand column below are respectively defined or (as
the case may be) fall to be construed in accordance with the provisions of this
Part of this Act listed in the right-hand column in relation to those expressions.
|
| Certificate
of conformity | Section
57(1) | | Community
Recording Equipment Regulation | Section
85 | | Construction
and use requirements | Section
41(7) | | Design
weights | Section
54(3) | | Examination
for plating | Section
49(4) | | Goods
vehicle examiner | Section
68(2) | | Goods
vehicle test | Section
49(4) | | Goods
vehicle test certificate | Section
49(2)(b) | | Licensing
authority | Section
85 | | Minister's
approval certificate | Section
58(1) | | Official
testing station | Section
85 | | Plating
certificate | Section
49(2)(a) | | Plated
particulars | Section
41(7) | | Plated
weights | Section
41(7) | | Prescribed | Section
85 | | Relevant
aspects of design, construction, equipment and marking | Section
54(6) | | Sold
or supplied by retail | Section
85 | | Tail
lamp | Section
85 | | Test
certificate | Section
45(2) | | Traffic
area | Section
85 | | Type
approval certificate | Section
55(2) | | Type
approval requirements | Section
54(1) | | Vehicle
part | Section
85 |
|
|
