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3In this Schedule " digging machine " means a vehicle designed, constructed and used for the purpose of trench digging or any kind of excavating or shovelling work which—
(a)is used on public roads only for that purpose or for the purpose of proceeding to and from the place where it is to be used for that purpose ; and
(b)when so proceeding, neither carries nor hauls any load than such as is necessary for its propulsion or equipment.
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