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Road Traffic Act 1988

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MiscellaneousE+W+S

83 Offences to do with reflectors and tail lamps.E+W+S

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

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Modifications etc. (not altering text)

C2S. 83 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

84 Appointment of officials and destination of fees.E+W+S

(1)Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

(2)There shall be paid to [F1examiners appointed under section 66A] of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

(3)In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

(4)Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62,72(9) and 80 of this Act shall be paid into the Consolidated Fund.

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Amendments (Textual)

85 Interpretation of Part II.E+W+S

In this Part of this Act—

  • [F2the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport M1 as read with the Community Drivers' Hours and Recording Equipment Regulations 2007 M2]

  • [F3EC certificate of conformity” means—

    (a)

    in the case of a light passenger vehicle, a certificate of conformity issued by a manufacturer under—

    (a)
    (i)

    regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992 M3,

    (ii)

    regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998 M4,

    (iii)

    regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, or

    (iv)

    any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval Directive;

    (b)

    in the case of a vehicle to which the motorcycle type approval Directive applies, a certificate of conformity—

    (b)
    (i)

    issued by a manufacturer under regulation 8(1) of the Motor Cycles Etc (EC Type Approval) Regulations 1999 M5(whether before, on or after 9th November 2003), or

    (ii)

    issued by a manufacturer under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7(1) of the motorcycle type approval Directive or to Article 7(1) of Council Directive 92/61/EEC of 30th June 1992 relating to the type approval of two- or three-wheeled motor vehicles M6;

    (c)

    in the case of a vehicle to which the tractor type approval Directive applies, a certificate of conformity issued by a manufacturer under—

    (c)
    (i)

    regulation 6 of the Tractor etc (EC Type-Approval) Regulations 2005 M7, or

    (ii)

    any provision of the law of an EEA State other than the United Kingdom giving effect to Article 6(1) of the tractor type approval Directive;

    (d)

    in the case of any other vehicle, a certificate of conformity issued by a manufacturer under—

    (d)
    (i)

    regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, or

    (ii)

    any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive;]

  • F4“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 M8;

  • F5“EEA State” means a state which is a contracting Party to the EEA Agreement;

  • F6. . .

  • [F7“light passenger vehicle” means any motor vehicle which—

    (a)

    has at least four wheels,

    (b)

    F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    (d)

    has no more than eight seats in addition to the driver’s seat, and

    (e)

    has a maximum design speed exceeding 25 kilometres per hour,

    but does not include a quadricycle within the meaning of Article 1(3) of the motorcycle type approval Directive F9. . . ,

  • “the light passenger vehicle type approval Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers as amended by Council Directive 87/403/EEC of 25th June 1987 and Council Directive 92/53/EEC of 18th June 1992,

  • [F10the motorcycle type approval Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, as corrected by a Corrigendum of 22nd February 2003,]]

  • official testing station” means a testing station maintained by the Secretary of State under section [F1172A] of this Act,

  • prescribed” means prescribed by regulations made by the Secretary of State,

  • [public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]

  • [F12the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles M9,]

  • sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,

  • tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,

  • [F13the tractor type approval Directive” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units M10,]

  • traffic area” has the same meaning as in the M11Public Passenger Vehicles Act 1981, and

  • vehicle part” means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

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Amendments (Textual)

F2S. 85(1): definition of "Community Recording Equipment Regulation" substituted (23.4.2010) by The Passenger and Goods Vehicles (Community Recording Equipment Regulation) Regulations 2010 (S.I. 2010/892), reg. 3(2)(d)

F3S. 85: definition of "EC certificate of conformity" substituted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(a)

F4In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F5In s. 85 definition of "EEA State" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F6in s. 85 definition of "licensing authority" repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 13, Sch. 8 Pt. I; S.I. 1995/2181, art. 2

F7In s. 85 definitions of "light passenger vehicle", "the light passenger vehicle type approval Directive" and "the motorcycle type approval Directive" inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(b)

F8S. 85: para. (b) in definition of "light passenger vehicle" omitted (29.4.2009) by virtue of The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(b)(i)

F10In s. 85 definition of "the motorcycle type approval Directive" substituted (9.11.2003) by The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2003 (S.I. 2003/1099), reg. 3(b)

F12S. 85: definition of "the road vehicles type approval Directive" inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(c)

F13S. 86: definition of "the tractor type approval Directive" inserted (29.4.2009) by The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818), reg. 3(6)(d)

Marginal Citations

M1OJ No L370, 31.12.85, p8; Council Regulation (EEC) No 3821/85 was amended by Commission Regulation (EEC) No 3314/90 (OJ No L318, 17.11.90, p20), Council Regulation (EEC) No 3572/90 (OJ No L353, 17.12.90, p12), Commission Regulation (EEC) No 3688/92 (OJ No L374, 22.12.92, p12), Commission Regulation (EC) No 2479/95 (OJ No L256, 26.10.95, p8), Commission Regulation (EC) No 1056/97 (OJ No L154, 12.06.97, p21), Council Regulation (EC) No 2135/98 (OJ No L274, 09.10.98, p1), Commission Regulation (EC) No 1360/2002 (OJ No L207, 05.08.02, p1), Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ No L284, 31.10.03, p1), Commission Regulation (EC) No 432/2004 (OJ No L71, 10.03.04, p3), Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ No L102, 11.04.06, p1), Council Regulation (EC) No 1791/2006 (OJ No L363, 20.12.06, p1), Commission Regulation (EC) No 68/2009 (OJ No L21, 24.01.09, p3), Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L87, 31.03.09, p109) and Commission Regulation (EU) No 1266/2009 (OJ No L 339, 22.12.09, p3); and extended by the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ No C241, 29.08.94, p21) adapted by Council Decision 95/1/EC (OJ No L1, 01.01.95, p1), and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No L236, 23.09.03, p33).

M6OJ No L225, 10.8.1992, p.72, repealed by the motorcycle type approval Directive.

M8Cmnd 2073 and 2183.

M9OJ No L263, 9.10.2007, p.1, amended by Commission Regulation (EC) No 1060/2008 (OJ No L292, 31.10.2008, p.1).

M10OJ No L171, 9.7.2005, p.1, amended by Council Directives 2004/66/EC (L168, 1.5.2004, p.35) and 2006/96/EC and by Commission Directives 2005/13/EC (L55, 1.3.2005, p.35) and 2005/67/EC (L273, 19.10.2005, p.17).

85 Interpretation of Part IIE+W

In this Part of this Act—

  • [F20“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport M12 as it has effect in accordance with—

    (a)

    Commission Regulation (EEC) No. 3314/90 M13;

    (b)

    Commission Regulation (EEC) No. 3688/92 M14; and

    (c)

    Commission Regulation (EC) No. 2479/95 M15;

    and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 M16;]

  • [F21“EC certificate of conformity” means

    (a)

    [F22F23in the case of a light passenger vehicle,] any certificate of conformity issued by a manufacturer—

    (a)
    (a)

    under regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

    (b)

    under any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the light passenger vehicle type approval Directive,

    which is expressed to be a certificate for a complete or completed vehicle

    (b)

    [F22[F24in the case of a vehicle to which the motorcycle type approval Directive applies, any certificate of conformity—

    (b)
    (i)

    issued by a manufacturer under regulation 8(1) of the Motor Cycles Etc. (EC Type Approval) Regulations 1999, whether before, on or after 9th November 2003, or

    (ii)

    issued by a manufacturer under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7(1) of the motorcycle type approval directive or to Article 7(1) of Council Directive 92/61/EEC of 30th June 1992 relating to the type approval of two or three-wheeled motor vehicles,]]]

  • [F5F4“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 M8;

  • F5“EEA State” means a state which is a contracting Party to the EEA Agreement;]

  • F6. . .

  • [F7“light passenger vehicle” means any motor vehicle which—

    (a)

    has at least four wheels,

    (b)

    is equipped with an internal combustion engine,

    (c)

    is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    (d)

    has no more than eight seats in addition to the driver’s seat, and

    (e)

    has a maximum design speed exceeding 25 kilometres per hour,

    but does not include a quadricycle within the meaning of Article 1(3) of the motorcycle type approval Directive or a vehicle used or intended for use for the purposes of [F25any matter in relation to which a fire and rescue authority has functions (whoever uses it for those purposes)],

  • “the light passenger vehicle type approval Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers as amended by Council Directive 87/403/EEC of 25th June 1987 and Council Directive 92/53/EEC of 18th June 1992,

  • [F10the motorcycle type approval Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, as corrected by a Corrigendum of 22nd February 2003,]]

  • official testing station” means a testing station maintained by the Secretary of State under section [F1172A] of this Act ,

  • prescribed” means prescribed by regulations made by the Secretary of State,

  • [public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]

  • sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of resale or of re-supply for a valuable consideration,

  • tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under section 41 of this Act,

  • traffic area” has the same meaning as in the M11Public Passenger Vehicles Act 1981, and

  • vehicle part” means any article which is a motor vehicle part, within the meaning of section 80 of this Act, and any other article which is made or adapted for use as part of, or as part of the equipment of, a vehicle which is intended or adapted to be used on roads but which is not a motor vehicle within the meaning of that section.

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F4In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F5In s. 85 definition of "EEA State" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F6in s. 85 definition of "licensing authority" repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 13, Sch. 8 Pt. I; S.I. 1995/2181, art. 2

F7In s. 85 definitions of "light passenger vehicle", "the light passenger vehicle type approval Directive" and "the motorcycle type approval Directive" inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(b)

F10In s. 85 definition of "the motorcycle type approval Directive" substituted (9.11.2003) by The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2003 (S.I. 2003/1099), reg. 3(b)

F20In s. 85 definition of "the Community Recording Equipment Regulation" substituted (25.4.1996) by S.I. 1996/941, reg. 3

F21In s. 85 definition of "EC certificate of conformity" inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(a)

F22In s. 85 in definition of "EC certificate of conformity" para. (b) added (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(2)(b)

F23In s. 85 in definition of "EC certificate of conformity" words inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(2)(a)

F24In s. 85 in definition of "EC certificate of conformity" para. (b) substituted (9.11.2003) by The Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2003 (S.I. 2003/1099), reg. 3(a)

F25S. 85: words in definition of "light passenger vehicle" substituted (E.W.) (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 69; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

Marginal Citations

M8Cmnd 2073 and 2183.

M12O.J. No. L370, 31.12.85, p.8.

M13O.J. No. L318, 17.11.90, p.20.

M14O.J. No. L374, 22.12.92, p.12.

M15O.J. No. L256, 26.10.95, p.8.

M16S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

86 Index to Part II.E+W+S

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Certificate of conformity[F14Section 57(1A)]
Community Recording Equipment RegulationSection 85
Construction and use requirementsSection 41(7)
Design weights Section 54(3)
[F15 EC certificate of conformity][F15 Section 85 ]
Examination for platingSection 49(4)
Goods vehicle examinerSection 68(2)
Goods vehicle testSection 49(4)
Goods vehicle test certificateSection 49(2)(b)
F16. . .F16. . .
[F17Light passenger vehicle][F17 Section 85]
[F17Light passenger vehicle type approval Directive]F17 Section 85
Minister’s approval certificate Section 58(1)
[F17Motorcycle type approval Directive][F17 Section 85]
Official testing stationSection 85
Plating certificateSection 49(2)(a)
Plated particularsSection 41(7)
Plated weightsSection 41(7)
PrescribedSection 85
[F18Public service vehicle][F18Section 85]
Relevant aspects of design, construction, equipment and markingSection 54(6)
[F19Road vehicles type approval DirectiveSection 85]
Sold or supplied by retailSection 85
Tail lampSection 85
Test certificateSection 45(2)
[F19Tractor type approval DirectiveSection 85]
Traffic areaSection 85
Type approval certificateSection 55(2)
Type approval requirementsSection 54(1)
[F18Vehicle examiner][F18Section 66A]
Vehicle partSection 85
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Amendments (Textual)

F14Words in the Table in s. 86 substituted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(a).

F15Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F16Words in Table in s. 86 repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 14, Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2

F17Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F18Words in the Table in s. 86 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 62; S.I. 1992/1286, art. 2, Sch.

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