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Road Traffic Act 1988

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Road Traffic Act 1988, Section 47 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 34A inserted by 2000 c. 37 Sch. 7 para. 6 (This amendment not applied to legislation.gov.uk. The amending provision has been repealed)
  • s. 41(2)(m) inserted by 2006 c. 49 s. 18(1)(a)
  • s. 41(2)(ba) inserted by 2006 c. 49 s. 56(3)
  • s. 49(3A) inserted by 2006 c. 49 s. 48(1)
  • s. 66(7A) inserted by 2006 c. 49 s. 56(5)
  • s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 2(5)(a) substituted (1.9.2020) by S.I. 2020/818, regs. 1(b), Sch. 6 para. 39(2)(c)(i))
  • s. 85(1) words omitted (temp.) by S.I. 2019/648 reg. 2(5)(d) (This amendment not applied to legislation.gov.uk. Reg. 2(5)(a) substituted (1.9.2020) by S.I. 2020/818, regs. 1(b), Sch. 6 para. 39(2)(c)(ii))
  • s. 85(2) added by 1988 c. 54 Sch. 2 para. 17(c)
  • s. 97(1)(c)(ia) words repealed by 2006 c. 49 Sch. 3 para. 6(2)(b) Sch. 7(4)
  • s. 97(1)(d)(ii) words omitted by S.I. 2018/1251 reg. 2(4)
  • s. 97(1ZA) inserted by 2006 c. 49 s. 38(2)
  • s. 108(1BA) inserted by S.I. 2018/1251 reg. 2(5)(c)
  • s. 123 123A substituted for s. 123 by 2006 c. 49 Sch. 6 para. 2
  • s. 123A(3) words inserted by 2009 c. 17 s. 1(3)
  • s. 124(3)-(5) inserted by 2009 c. 17 s. 3
  • s. 124(6) inserted by 2015 c. 20 Sch. 2 para. 2(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125(3A)-(3D) inserted by 2015 c. 20 Sch. 2 para. 3(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125(5A) inserted by 2015 c. 20 Sch. 2 para. 3(3) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125A(5)-(7E) substituted for s. 125A(5)-(7) by 2006 c. 49 Sch. 6 para. 6(3)
  • s. 125ZA inserted by 2006 c. 49 Sch. 6 para. 5
  • s. 125ZA(2)(b) word omitted by 2015 c. 20 Sch. 2 para. 4(2)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125ZA(2)(d) and word inserted by 2015 c. 20 Sch. 2 para. 4(2)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125ZA(4)(c) word omitted by 2015 c. 20 Sch. 2 para. 4(3)(c) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125ZA(4)(c) words substituted by 2015 c. 20 Sch. 2 para. 4(3)(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125ZA(4)(ba)(bb) inserted by 2015 c. 20 Sch. 2 para. 4(3)(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 125ZA(4)(ca) inserted by 2015 c. 20 Sch. 2 para. 4(3)(d) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 126(5) omitted by 2015 c. 20 Sch. 2 para. 6 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 126A inserted by 2016 c. 16 s. 1(3)
  • s. 126A omitted (cond.) by 2006 c. 49 Sch. 6 para. 8A (as inserted) by 2016 c. 16 s. 3(3)
  • s. 126A heading words inserted by S.I. 2016/1089 reg. 3(2) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 126A(1) words inserted by S.I. 2016/1089 reg. 3(3)(b) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128A inserted by 2006 c. 49 Sch. 6 para. 11
  • s. 128A(4) inserted by 2006 c. 49 Sch. 6 para. 11 (as inserted) by 2016 c. 16 s. 4(4)
  • s. 128B inserted by 2015 c. 20 Sch. 2 para. 9 (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 128ZA inserted by 2009 c. 17 s. 1(1)
  • s. 128ZB inserted by 2009 c. 17 s. 2
  • s. 128AZA 128AZB inserted by 2016 c. 16 s. 2(2)
  • s. 128AZA 128AZB inserted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
  • s. 128AZA 128AZB substituted (cond.) by 2006 c. 49 Sch. 6 para. 10A (as inserted) by 2016 c. 16 s. 4(2)
  • s. 128AZA heading words inserted by S.I. 2016/1089 reg. 4(2)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128AZA(1) words inserted by S.I. 2016/1089 reg. 4(2)(b) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128AZA(4) words inserted by S.I. 2016/1089 reg. 4(2)(c) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128AZB heading words inserted by S.I. 2016/1089 reg. 4(3)(a) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(i) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 128AZB(1) words inserted by S.I. 2016/1089 reg. 4(3)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted (1.12.2023) without ever being in force by virtue of S.I. 2023/1286, regs. 1, 7(3))
  • s. 131(A1)-(C1) inserted by 2006 c. 49, Sch. 6 para. 13(1A) (as inserted) by S.I. 2023/1286 Sch. 3 para. 92(2)(a)(i)
  • s. 131(3)(b)(c) substituted for s. 131(3)(b) and word by 2006 c. 49 Sch. 6 para. 13(4)
  • s. 131(6) inserted by 2016 c. 16 s. 2(4)
  • s. 131(6) inserted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
  • s. 131(6) substituted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by 2016 c. 16 s. 4(5)
  • s. 132-133ZA and cross-heading substituted for ss. 132, 133 and cross-heading by 2006 c. 49 Sch. 6 para. 14
  • s. 133(2)(a) words omitted by 2015 c. 20 Sch. 2 para. 10(a) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 133(2)(b) words omitted by 2015 c. 20 Sch. 2 para. 10(b) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 133D(1A) inserted by 2015 c. 20 Sch. 2 para. 14(2) (This amendment is to Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006. Those amendments have not yet come into force)
  • s. 140(1)(2) inserted by 2006 c. 49 Sch. 6 para. 23(2)
  • s. 140(1A) inserted in earlier affecting provision 2006 c. 49, Sch. 6 para. 23(2) by S.I. 2023/1286 Sch. 3 para. 92(2)(b)
  • s. 140(3) s. 140 renumbered as s. 140(3) by 2006 c. 49 Sch. 6 para. 23(1)
  • s. 141A(5) words repealed by 2006 c. 49 Sch. 3 para. 24 Sch. 7(4)
  • s. 143(1A) repealed (cond.) by S.I. 2019/1047 Sch. 2 para. 2 (This amendment not applied to legislation.gov.uk. The insertion of s. 143(1A) by 2018 c. 18, Sch. para. 17 was repealed (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 2 para. 1 (with reg. 5) without ever being brought into force.)
  • s. 173(2)(g)-(gb) substituted for s. 173(2)(g) by 2006 c. 49 Sch. 6 para. 27
  • s. 173(2)(n) and word inserted by 2006 c. 49 s. 37(8)
  • s. 174(1)(da) inserted by 2006 c. 49 Sch. 6 para. 28
  • s. 183(6A) inserted by 2006 c. 49 Sch. 6 para. 29

47 Obligatory test certificates.E+W+S

(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 subsections (3) and (5) below, the motor vehicles to which this section applies at any time are—

(a)those first registered [F1under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation], 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 [F2so registered],

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 M1Transport 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.

F3[(4)For the purposes of subsection (2)(b) above there shall be disregarded—

(a)the use of a vehicle before it is sold or supplied by retail, and

(b)the use of a vehicle to which a motor dealer has assigned a mark under [F4section 24 of the Vehicle Excise and Registration Act 1994]] before it is registered by the Secretary of State under [F5section 21(2)] of that Act.

(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.

Subordinate Legislation Made

P1S. 47 for previous exercises of power see Index to Government Orders

P2S. 45 (with ss. 46 and 47(5)) power exercised by S. I. 1991/253

Textual Amendments

F1Words in s. 47(2)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(a) (with s. 57(4))

F2Words in s. 47(2)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(b) (with s. 57(4))

F3S. 47(4) substituted (1.6.1994) by 1994 c. 9, s. 5, Sch. 2 paras. 25, 29

F4Words in s. 47(4)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(c)(i) (with s. 57(4))

F5Words in s. 47(4)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(c)(ii) (with s. 57(4))

Modifications etc. (not altering text)

Marginal Citations

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