Statutory Instrument 1994 No. 1911

The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1994

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© Crown Copyright 1994

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1994 No. 1911

ROAD TRAFFIC

The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1994

The Secretary of State for Transport, in exercise of the powers conferred by section 16(2), (3) and (8) and 37(1) and (2) of the Vehicles (Excise) Act 1971^[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) (No. 2) Regulations 1994 and shall come into force on 31st August 1994.

Interpretation
    2.    In these Regulations "the principal Regulations" means the Road Vehicles (Registration and Licensing) Regulations 1971^[2].

Revocation
    3.    Regulation 41 of, and Schedule 4 to, the principal Regulations are hereby revoked.

Description of businesses
    4.—(1)  The following definition shall be substituted for the definition of "valeting" in regulation 3(1) of the principal Regulations:—
""valeting" means the thorough cleaning of a vehicle before its registration by the Secretary of State under section 19 of the Act^[3] or in order to prepare it for sale and includes removing wax and grease from the exterior, engine and interior, and "valeted" shall be construed accordingly;" .



    (2)  The following regulation shall be substituted for regulation 28A of the principal Regulations:—
    "28A.    The following descriptions of business are prescribed for the purposes of sub-paragraph (b) of the definition of "motor trader" in section 16(8) of the Act:—
(a) the business of modifying vehicles, whether by the fitting of accessories or otherwise; and

(b) the business of valeting vehicles."





    (3)  For sub-paragraph (c) of regulation 35(1) of the principal Regulations there shall be substituted:—
"(c) a purpose connected with his business of modifying vehicles (whether by the fitting of accessories or otherwise) or of valeting vehicles;" .

Conveyance of goods or burden
    5.    The following sub-paragraph shall be inserted after sub-paragraph (a) of regulation 38(1) of the principal Regulations:—
"(aa) in the case of a vehicle which is being delivered or collected and is being used for a relevant purpose, a load consisting of another vehicle used or to be used for travel from or to the place of delivery or collection:

In this sub-paragraph "relevant purpose" means a purpose mentioned in regulation 35(4)(e) to (j) of these Regulations;" .

Signed by authority of the Secretary of State for Transport

Robert Key

Parliamentary Under Secretary of State, Department of Transport

15th July 1994

These Regulations (regulation 3) revoke regulation 41 of, and Schedule 4 to, the Road Vehicles (Registration and Licensing) Regulations 1971 which became redundant with the repeal of section 21 of the Vehicles (Excise) Act 1971 by the Finance Act 1994. Otherwise these Regulations are concerned with trade licences issued under the Vehicles (Excise) Act 1971. Regulation 4 prescribes the businesses of modifying vehicles at any time and of valeting vehicles before registration or sale as businesses for which trade licences may be issued, whereas previously these businesses were prescribed only if the vehicles were modified or valeted before registration. Regulation 5 enables a vehicle being used for certain purposes and being collected or delivered to be used under a trade licence for the purpose of transporting another vehicle, if that other vehicles has been or is to be used to travel to or from the place of collection or delivery.

[1] 1971 c. 10. Section 16(3) and (8) was amended by the Finance Act 1986 (c. 41) section 3(7) and Schedule 2, Part I, paragraph 4 and by the Finance Act 1987 (c. 16) section 2(6), Schedule 1, Part II, and Schedule 16. Section 21 was repealed by the Finance Act 1994 (c. 10), Schedule 25. "Prescribed" is defined in section 38(1). back

[2] S.I. 1971/450. Relevant amending instrument is S.I. 1986/2101. back

[3] "The Act" is defined in regulation 3(1) of the principal Regulations. back