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Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1995

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Statutory Instruments

1995 No. 1458

ROAD TRAFFIC

Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1995

Made

8th June 1995

Laid before Parliament

8th June 1995

Coming into force

1st July 1995

The Secretary of State, in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988(1) and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1995 and shall come into force on 1st July 1995.

2.  In regulation 36B(14) of the Road Vehicles (Construction and Use) Regulations 1986(2), for sub-paragraph (f) there shall be substituted the following sub-paragraph—

(f)at a time when it is being used on a public road during any calendar week if—

(i)it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and

(ii)it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,

and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994(3).

Signed by authority of the Secretary of State

Steven Norris

Parliamentary Under Secretary of State

Department of Transport

8th June 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986.

Regulation 36B requires certain goods vehicles to be fitted with speed limiters. Paragraph (14)(f) of that regulation as previously in force exempted a vehicle which was exempt from duty under section 7(1) of the 1971 Act. Section 7(1) was re-enacted as paragraph 21 of Schedule 2 to the Vehicle Excise and Registration Act 1994. Paragraph 21 is repealed by Part V of Schedule 29 to the Finance Act 1995 (c. 4).

These Regulations replace regulation 36B(14)(f) with a provision exempting a vehicle when it is used on a road in circumstances that are similar to those that attracted the exemption from duty under paragraph 21 of Schedule 2 to the Vehicle Excise and Registration Act 1994. The exemption relates to vehicles that are used on roads for distances not exceeding an aggregate of 6 miles a week.

(1)

1988 c. 52; section 41 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 50 and Schedule 8.

(2)

S.I. 1986/1078; relevant amending instruments are S.I. 1993/3048 and 1994/329.

(3)

1994 c. 22. Paragraph 21 of Schedule 2 is repealed by Part V of Schedule 29 to the Finance Act 1995 (c. 4).

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