9E+W+SReferences in this Schedule to a vehicle include references to any trailer drawn by the vehicle.
Commencement Information
I1Sch. 4 para. 9 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)
10(1)This paragraph makes provision about the meaning of “authorised person” for the purposes of this Schedule.E+W+S
(2)Where the driving of the vehicle has been prohibited under section 99A(1) of the Transport Act 1968 (c. 73), section 1(2) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) or section 69 of the Road Traffic Act 1988 (c. 52), “authorised person” means—
(a)an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
(b)a constable authorised by or on behalf of a chief officer of police to act for the purposes of the provision under which the driving of the vehicle has been prohibited.
(3)Where the driving of the vehicle has been prohibited under section 1(3) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27), “authorised person” means a person authorised to exercise the powers of section 78 of the Road Traffic Act 1988 (c. 52) with respect to the weighing of motor vehicles and trailers.
(4)Where the driving of the vehicle has been prohibited under section 70 of the Road Traffic Act 1988, “authorised person” means a person mentioned in sub-paragraph (2) or a person authorised with the consent of the Secretary of State to act for the purposes of subsection (1) of that section by—
(a)a highway authority other than the Secretary of State, or
(b)a local roads authority in Scotland.
(5)Where the driving of the vehicle has been prohibited under section 90D of the Road Traffic Offenders Act 1988 (c. 53), “authorised person” means—
(a)an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
(b)a constable.
Commencement Information
I2Sch. 4 para. 10 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)
11E+W+SIn this Schedule—
(a)references to an immobilisation device are to a device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of vehicles illegally parked), and
(b)references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.
Commencement Information
I3Sch. 4 para. 11 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)
12E+W+SIn this Schedule “prescribed” means prescribed by the regulations.
Commencement Information
I4Sch. 4 para. 12 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)
13(1)The regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards a vehicle.E+W+S
(2)In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994 (c. 22).
Commencement Information
I5Sch. 4 para. 13 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)