Road Traffic Act 1988 (c. 52)

Part II U.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

C1 Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Approval of design, construction, equipment and marking of vehicles E+W+S

[F1 64A Failure to hold EC certificate of conformity for unregistered light passenger vehicle [F2 or motor cycle] E+W+S

(1) Subject to subsections (2) to (5) below, if a person uses on a road a light passenger vehicle [F3 or a vehicle to which the motorcycle type approval Directive applies]—

(a) which has not been registered-

(i) under [F4 section 21 of the Vehicle Excise and Registration Act 1994], or

(ii) under the law of a member State other than the United Kingdom, and

(b) in respect of which no EC certificate of conformity has effect,

he is guilty of an offence.

(2) A person shall not be convicted of an offence under this section in respect of [F5 the use of light passenger vehicle] if he proves—

(a) that the vehicle was one in respect of which the grant of a licence under [F6 the Vehicle Excise and Registration Act 1994] was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

(b) in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under [F7 section 21] of that Act was not prohibited by that regulation.

[F8 (2A) A person shall not be convicted of an offence under this section in respect of the use of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]

(3) This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.

(4) This section does not apply to the use of a vehicle under a trade licence (within the meaning of [F9 the Vehicle Excise and Registration Act 1994]) in accordance with regulations made under [F10 section 12(2)] of that Act.

(5) This section does not apply in relation to a vehicle brought temporarily into Great Britain by a person resident outside the United Kingdom.]

[F11 (6) In the application of this section to a vehicle to which the motorcycle type approval Directive applies, any reference to a member State includes a reference to an EEA State.]

Textual Amendments

F1 S. 64A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 2.

F2 Words in sidenote to s. 64A inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(1)

F3 Words in s. 64A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(2)

F4 Words in s. 64A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(a) (with s. 57(4))

F5 Words in s. 64A(2) substituted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(3)

F6 Words in s. 64A(2)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(b)(i) (with s. 57(4))

F7 Words in s. 64A(2)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(b)(ii) (with s. 57(4))

F8 S. 64A(2A) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(4)

F9 Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(i) (with s. 57(4))

F10 Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(ii) (with s. 57(4))

F11 S. 64A(6) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(5)