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Statutory Instruments

1995 No. 1470

ROAD TRAFFIC

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995

Made

7th June 1995

Laid before Parliament

8th June 1995

Coming into force

1st July 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 22(1)(e), (2) and (3) and 57(1), (2), (3) and (5) of, and paragraph 7(7) of Schedule 4 to, the Vehicle Excise and Registration Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.

Amendment of the Road Vehicles (Registration and Licensing) Regulations 1971

2.  The Road Vehicles (Registration and Licensing) Regulations 1971(2) shall have effect with the amendments specified in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

7th June 1995

Regulation 2

THE SCHEDULEAMENDMENTS OF THE ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS 1971

1.  In regulation 3(1) the definition of “prescribed” shall be omitted.

2.  Regulation 4 shall be omitted.

3.  In regulation 8(1), for the words “prescribed particulars furnished in respect of the vehicle”there shall be substituted “the particulars furnished when a vehicle licence was last applied for in respect of it”.

4.  In regulation 10, the words “other than an alteration of the nature referred to in the next following Regulation,” shall be omitted.

5.  Regulation 11 shall be omitted.

6.  In regulation 16(1), the words “excepting a tramcar” shall be omitted.

7.  In regulation 23, for the words “the three next following Regulations” there shall be substituted “Regulations 24 and 26 of these Regulations”.

8.  In regulation 24—

(a) in paragraph (1)—

(i)after the words “registered under” there shall be inserted “the Vehicle Excise and Registration Act 1994,”;

(ii)for the words from “make the prescribed declaration” to the end of the paragraph there shall be substituted “make to the Secretary of State such declaration and furnish him with such particulars as would be required by virtue of section 7(1) of the Vehicle Excise and Registration Act 1994(3) if the Department desired to obtain a vehicle licence for the vehicle”; and

(b) paragraph (2) shall be omitted.

9.  Regulation 25 shall be omitted.

10.  In regulation 26, the following paragraphs shall be substituted for paragraphs (1) and (2)—

(1) This Regulation applies to any mechanically propelled vehicle which is an exempt vehicle except a vehicle falling within paragraph 3 (vehicles not for carriage) of Schedule 2 to the Vehicle Excise and Registration Act 1994.

(2) Subject to paragraph (2A) below, the owner of a vehicle to which this Regulation applies shall annually make such declaration and furnish such particulars as would be required by virtue of section 7 of the Vehicle Excise and Registration Act 1994 if he desired to take out a vehicle licence for the vehicle.

(2A) In the case of a vehicle falling within—

(a)paragraph 19 of Schedule 2, or

(b)paragraph 7 of Schedule 4,

11.  Regulation 28 shall be omitted.

12.  Regulation 43 shall be omitted.

13.  Regulation 45 shall be omitted.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Registration and Licensing) Regulations 1971. Section 7 of the Vehicle Excise and Registration Act 1994 was amended by the Finance Act 1995 so that the form of the declaration which must be made and the particulars which must be furnished when a vehicle licence is taken out are to be specified by the Secretary of State instead of prescribed by regulations. In consequence of this, regulation 4 is revoked as spent and amendments are made to other regulations. Other amendments include the revocation of regulation 25 (which made special provision as to the identification of certain types of exempt vehicle); the amendment of regulation 26 so that it now applies to all exempt vehicles except pedestrian controlled vehicles; and the revocation as spent of regulations 11 (applications for new licence where vehicle becomes chargeable to duty at a higher rate), 28 (applications for trade licences), 43 (horse-power) and 45 (unladen weight).

(2)

S.I. 1971/450. Relevant amending instruments are S.I. 1972/1865, 1986/607, 1986/2101, 1990/2185, 1994/1364.

(3)

Section 7 was amended by the Finance Act 1995 (c. 4), Schedule 4, paragraph 30(1).