Statutory Instrument 1994 No. 328

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 328

ROAD TRAFFIC

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1994

The Secretary of State for Transport, in exercise of the powers conferred by section 49 and 51(1) 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:-

Citation and commencement
    1.    These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1994 and shall come into force on 24th March 1994.

Preliminary
    2.    The Goods Vehicles (Plating and Testing) Regulations 1988^[2] shall be amended in accordance with the provisions of these Regulations.

Amendments to regulation 3 (interpretation)
    3.    In regulation 3(1) in the definition of "plated particulars", for "10" there shall be substituted "10B".

Amendments to regulations 19 and 20 (examination for plating)
    4.    Regulation 19 shall be re-numbered as paragraph (1) of that regulation and in sub- paragraph (b) of that paragraph as so re-numbered, after the word "Regulations" there shall be inserted the words "(ignoring Schedule 11A to those Regulations)" and after that paragraph as so re-numbered there shall be inserted-
"  (2)  Where-
(a) a plated weight relating to train weight determined under paragraph (1) is less than the equivalent weight shown as a design weight in the standard lists, and

(b) the vehicle is capable of being lawfully used on a road in Great Britain by virtue of the Construction and Use Regulations^[3] (having regard to Schedule 11A to those Regulatons) at a higher train weight than the weight so determined,

there shall be determined as a plated weight relating to train weight applicable only to combined transport operations the equivalent weight so shown:

  Provided that if any such equivalent weight exceeds the maximum weight at which the vehicle can be used on a road in Great Britain by virtue of the Construction and Use Regulations (having regard to Schedule 11A to those Regulations), then such equivalent weight shall be reduced to that maximum weight.

    (3)  In this regulation, a reference to use on a road is a reference to use on a road other than for international transport.

    (4)  For the purposes of this regulation, the Construction and Use Regulations shall have effect as if regulation 80 were omitted." .

    5.—(1)  Regulation 20 shall be re-numbered as paragraph (1) of that regulation and in that provision as so re-numbered in sub-paragraph (g), for the words from "that no plated weight" onwards there shall be substituted the words-
"that-
(i) no plated weight relating to train weight, other than a plated train weight applicable only to combined transport operations, shall exceed the maximum train weight at which the vehicle can lawfully be driven on a road in Great Britain by virtue of the Construction and Use Regulations, ignoring Schedule 11A to those Regulations; and

(ii) no plated weight relating to train weight applicable only to combined transport operations can exceed the maximum train weight at which the vehicle can lawfully be driven on a road in Great Britain by virtue of the Construction and Use Regulations (having regard to Schedule 11A to those Regulations);" .



    (2)  In regulation 20 as so amended, after paragraph (1) there shall be inserted the following paragraphs-
"  (2)  In this regulation, a reference to use on a road is a reference to use on a road other than for international transport.

    (3)  For the purposes of this regulation, the Construction and Use Regulations shall have effect as if regulation 80 were omitted." .

Signed by authority of the Secretary of State

Roger Freeman

Minister of State Department of Transport

24th February 1994

These Regulations further amend the Goods Vehicles (Plating and Testing) Regulations 1988 and are made in consequence of S.I. 1994/329. The 1988 Regulations make provisions for vehicles to be examined and issued with plating certificates.

Previously, the 1988 Regulations required a plating certificate to contain the particulars required by Schedule 10 to the 1986 Regulations and permitted them to contain the further particulars required by Schedule 10A to those Regulations.

These Regulations amend the 1988 Regulations so that any plating certificate issued will have to contain the particulars required by the new Schedule 10B to the 1986 Regulations and may contain the further particulars required by the new Schedule 10C to those Regulations. S.I. 1994/329 amended the 1986 Regulations by (amongst other things) adding new Schedules 10B and 10C.

The main difference between Schedule 10 and the new Schedule 10B is that Schedule 10B has a space for the maximum train weight of a vehicle when it is being used for combined transport operations. A combined transport operation is (broadly) the transport of loading units partly by rail in Great Britain and partly by road.

The opportunity has been taken to make it clear that references in regulations 19 and 20 of the 1988 Regulations to maximum weights permitted under the 1986 Regulations are references to weights applicable to a vehicle when it is not being used for international transport.

[1] 1988 c. 52. Sections 49, 50 and 51 were amended by the Road Traffic Act 1991(c. 41), Schedule 4, paras 54 and 55 and Schedule 8. Section 66A was inserted by section 9 of that Act. back

[2] S.I. 1988/1478; relevant amending instrument is 1993/2048. back

[3] "Construction and Use Regulations" is defined in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 as the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078). Relevant amendments to the 1986 Regulations were made by S.I. 1987/676 and S.I. 1994/329. back