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Vehicles (Excise) Act 1971

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This is the original version (as it was originally enacted).

38Interpretation

(1)In this Act, unless the context otherwise requires—

  • " gas " means any fuel which is wholly gaseous at a temperature of 60 degrees Fahrenheit under a pressure of 30 inches of mercury ;

  • " hackney carriage " means a mechanically propelled vehicle standing or plying for hire, and includes any mechanically propelled vehicle let for hire by a person whose trade it is to sell mechanically propelled vehicles or to let mechanically propelled vehicles for hire, so however that for the purposes of this definition a letting under a hire-purchase agreement (as defined in section 1 of the [1965 c. 66.] Hire-Purchase Act 1965 or section 1 of the [1965 c. 67.] Hire-Purchase (Scotland) Act 1965) shall not be treated as a letting for hire;

  • " licence " means a vehicle licence or a trade licence ;

  • " motor dealer " means a person carrying on the business of selling or supplying mechanically propelled vehicles;

  • " prescribed " means prescribed by regulations made by the Secretary of State ;

  • " public road " means a road which is repairable at the public expense;

  • " seven day licence " has the meaning assigned to it by section 2(1)(c) of this Act;

  • " temporary licence " has the meaning assigned to it by section 13(1) of this Act;

  • " trade licence " means a licence issued under section 16(1) of this Act; and

  • " transfer date " has the same meaning as in the [1969 c. 27.] Vehicle and Driving Licences Act 1969, that is to say, such date as the Secretary of State may by order appoint for the purposes of section 1(1) of that Act;

  • " vehicle licence " means a licence under this Act for a mechanically propelled vehicle.

(2)For the purposes of any provision of this Act and any subsequent enactment relating to the keeping of mechanically propelled vehicles on public roads, a person keeps such a vehicle on a public road if he causes it to be on such a road for any period, however short, when it is not in use there.

(3)A mechanically propelled vehicle shall not be treated as an electrically propelled vehicle for the purposes of this Act unless the electrical motive power is derived either from a source external to the vehicle or from any electrical storage battery which is not connected to any source of power when the vehicle is in motion.

(4)References in this Act to the unladen weight of any mechanically propelled vehicle shall be construed in accordance with the provisions of Schedule 6 to this Act.

(5)The unit of horse-power or cylinder capacity for the purposes of any rate of duty under this Act shall be calculated in accordance with regulations under this Act.

(6)References in this Act to any enactment shall be construed, unless the context otherwise requires, as references to that enactment as amended by or under any other enactment.

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