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Road Traffic Act 1988

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Road Traffic Act 1988, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 06 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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.

Modifications etc. (not altering text)

C1S. 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.

Textual Amendments

F1Words in s. 84(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 60; S.I. 1992/1286, art. 2,Sch.

85 Interpretation of Part II.E+W+S

In this Part of this Act—

  • F2...

  • [F3EC certificate of conformity” means—

    (a)

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

    (i)

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

    (ii)

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

    (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)

    [F4in the case of a vehicle to which the motorcycle type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 38 of that Regulation;]

    (c)

    [F5in the case of a vehicle to which the tractor type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 33 of that Regulation;]

    (d)

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

    (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;]

  • [F6EEA 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;]

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

  • [F7“the EU Tachographs Regulation” means Regulation (EU) No. 165/2914 of the European Parliament and of the Council on tachographs in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007;]

  • F8. . .

  • [F9“light passenger vehicle” means any motor vehicle which—

    (a)

    has at least four wheels,

    (b)

    F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (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 [F114] of the motorcycle type approval [F12Regulation] F13. . .

  • “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,

  • [F14the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time,]]

  • official testing station” means a testing station maintained by the Secretary of State under section [F1572A] of this Act,

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

  • F16[public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,]

  • [F17the 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,]

  • 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,

  • [F18the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5th February 2013 on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time,]

  • traffic area” has the same meaning as in the Public Passenger Vehicles Act 1981 M1, 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.

Textual Amendments

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)

F6In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F8in 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

F9In 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)

F10S. 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)

F16Definition in s. 85 inserted (1.7.1992) (after the definition of "prescribed") by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(b); S.I. 1992/1286, art. 2, Sch.

F17S. 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)

Marginal Citations

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[F19Section 57(1A)]
F20. . .F20. . .
Construction and use requirementsSection 41(7)
Design weights Section 54(3)
[F21EC certificate of conformity][F21 Section 85 ]
[F22EU Tachographs Regulation section 85]
Examination for platingSection 49(4)
Goods vehicle examinerSection 68(2)
Goods vehicle testSection 49(4)
Goods vehicle test certificateSection 49(2)(b)
F23. . .F23. . .
[F24Light passenger vehicle][F24 Section 85]
[F24Light passenger vehicle type approval Directive]F24 Section 85
Minister’s approval certificate Section 58(1)
[F25Motorcycle type approval Regulation] Section 85
Official testing stationSection 85
Plating certificateSection 49(2)(a)
Plated particularsSection 41(7)
Plated weightsSection 41(7)
PrescribedSection 85
[F26Public service vehicle][F26Section 85]
Relevant aspects of design, construction, equipment and markingSection 54(6)
[F27Road vehicles type approval DirectiveSection 85]
Sold or supplied by retailSection 85
[F28Stopping officerSection 66B]
Tail lampSection 85
Test certificateSection 45(2)
[F29Tractor type approval Regulation]Section 85
Traffic areaSection 85
Type approval certificateSection 55(2)
Type approval requirementsSection 54(1)
[F26Vehicle examiner][F26Section 66A]
Vehicle partSection 85

Textual Amendments

F19Words 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).

F21Words 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).

F23Words 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

F24Words 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).

F26Words 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.

F28Words in the Table in s. 86 inserted (30.3.2011) by The Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), regs. 1, 2(5)

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