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International Carriage of Perishable Foodstuffs Act 1976

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19Interpretation

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

  • " Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) ", means the agreement of that name concluded in Geneva on 1 September 1970;

  • " certificate of compliance " means a valid certificate issued under section 2 of this Act and includes a certified copy issued under section 3 of this Act and a document recognised under that section ;

  • " container" means an article of equipment having a minimum volume of 8 cubic metres, designed and constructed for repeated use for the inter-modal carriage of goods by road, rail and water and for interchange between these forms of transport;

  • " driver "—

    (a)

    in relation to a motor vehicle, includes any person who is in charge of the vehicle and, if a separate person acts as steersman, includes that person as well as any other person in charge of the vehicle or engaged in the driving of it, and

    (b)

    in relation to a trailer, means any person who (in accordance with the preceding paragraph) is the driver of the motor vehicle by which the trailer is drawn;

  • " enactment" includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly, and an Order in Council having the same effect as such an enactment;

  • " foreign goods vehicle " means a goods vehicle which has been brought into the United Kingdom and which, if a motor vehicle, is not registered in the United Kingdom or, if a trailer, is drawn by a motor vehicle not registered in the United Kingdom which has been brought into the United Kingdom ;

  • "goods vehicle" means a motor vehicle constructed or adapted for use for the carriage or haulage of goods or burden of any description, or a trailer so constructed or adapted;

  • " international carriage " means carriage either between a place in the United Kingdom and a place outside the United Kingdom, the Channel Islands and the Isle of Man or, if the journey passes through any part of the United Kingdom, between places both of which are outside the United Kingdom, the Channel Islands and the Isle of Man ;

  • " motor vehicle " means a mechanically propelled vehicle intended or adapted for use on roads ;

  • " perishable foodstuffs " means foodstuffs prescribed as such ;

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

  • " trailer " means a vehicle drawn by a motor vehicle ;

  • " transport equipment" means goods vehicles, railway wagons and containers.

(2)In this Act any reference to driving a vehicle shall, in relation to a trailer be construed as a reference to driving a motor vehicle by which the trailer is drawn.

(3)In this Act any reference to a motor vehicle drawing a trailer, or to a motor vehicle by which a trailer is drawn, shall be construed as a reference to a motor vehicle to which a trailer is attached for the purpose of being drawn by it; and where, for the purpose of being drawn by a motor vehicle, two or more trailers (one of which is attached to the motor vehicle) are attached to each other, the motor vehicle shall for the purposes of this Act be treated as drawing each of those trailers.

(4)For the purposes of this Act a motor vehicle which does not for the time being have exhibited on it a licence or trade plates issued—

(a)under the Vehicles (Excise) Act 1971 or under an enactment repealed by that Act, or

(b)under the Vehicles (Excise) Act (Northern Ireland) 1972 or under any enactment of the Parliament of Northern Ireland repealed by that Act,

shall be presumed, unless the contrary is proved, not to be registered in the United Kingdom.

(5)Where, in accordance with subsection (4) of this section, a motor vehicle is presumed not to be registered in the United Kingdom, but is subsequently proved to have been so registered, anything which—

(a)has been done in relation to the vehicle, or in relation to a trailer drawn by it, by a person relying in good faith on that presumption and purporting to act by virtue of any provision of this Act, and

(b)would have been lawfully done by virtue of that provision if the vehicle had not been registered in the United Kingdom,

shall be treated as having been lawfully done by virtue of that provision.

(6)Any reference in this Act to an enactment' shall, unless the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

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