Road Traffic Act 1988

85 Interpretation of Part II E+W

In this Part of this Act—

• [F1 “the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport M1 as it has effect in accordance with—

  (a)

  Commission Regulation (EEC) No. 3314/90 M2 ;

  (b)

  Commission Regulation (EEC) No. 3688/92 M3 ; and

  (c)

  Commission Regulation (EC) No. 2479/95 M4 ;

  and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 M5 ;]

• [F2 “EC certificate of conformity” means

  (a)

  [F3 F4 in the case of a light passenger vehicle,] any certificate of conformity issued by a manufacturer—

  (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)

  [F3 [F5 in the case of a vehicle to which the motorcycle type approval Directive applies, any certificate of conformity—

  (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,]]]

• [F6 F7 “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 M6 ;

• F6 “EEA State” means a state which is a contracting Party to the EEA Agreement;]

• F8 . . .

• [F9 “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 [F10 any 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,

• [F11 “the 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 [F12 72A] of this Act ,

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

• [F13 “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 M7 Public 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.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 In s. 85 definition of "the Community Recording Equipment Regulation" substituted (25.4.1996) by S.I. 1996/941, reg. 3

F2 In 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)

F3 In 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)

F4 In 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)

F5 In 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)

F6 In s. 85 definition of "EEA State" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F7 In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F8 in 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

F9 In 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)

F10 S. 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

F11 In 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)

F12 Word in s. 85 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(a); S.I. 1992/1286, art. 2, Sch.

F13 In s. 85 definition of "public service vehicle" inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(b); S.I. 1992/1286, art. 2, Sch.

Marginal Citations

M1 O.J. No. L370, 31.12.85, p.8.

M2 O.J. No. L318, 17.11.90, p.20.

M3 O.J. No. L374, 22.12.92, p.12.

M4 O.J. No. L256, 26.10.95, p.8.

M5 S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

M6 Cmnd 2073 and 2183.

M7 1981 c. 14.

85 Interpretation of Part II. S

In this Part of this Act—

• [F1 “the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport M1 as it has effect in accordance with—

  (a)

  Commission Regulation (EEC) No. 3314/90 M2 ;

  (b)

  Commission Regulation (EEC) No. 3688/92 M3 ; and

  (c)

  Commission Regulation (EC) No. 2479/95 M4 ;

  and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 M5 ;]

• [F2 “EC certificate of conformity” means

  (a)

  [F3 F4 in the case of a light passenger vehicle,] any certificate of conformity issued by a manufacturer—

  (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)

  [F3 [F5 in the case of a vehicle to which the motorcycle type approval Directive applies, any certificate of conformity—

  (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,]]]

• [F6 F7 “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 M6 ;

• F6 “EEA State” means a state which is a contracting Party to the EEA Agreement;]

• F8 . . .

• [F9 “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 [F14 any matter in relation to which a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) 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,

• [F11 “the 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 [F12 72A] of this Act ,

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

• [F13 “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 M7 Public 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.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 In s. 85 definition of "the Community Recording Equipment Regulation" substituted (25.4.1996) by S.I. 1996/941, reg. 3

F2 In 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)

F3 In 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)

F4 In 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)

F5 In 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)

F6 In s. 85 definition of "EEA State" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F7 In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 4(3)

F8 in 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

F9 In 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)

F11 In 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)

F12 Word in s. 85 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(a); S.I. 1992/1286, art. 2, Sch.

F13 In s. 85 definition of "public service vehicle" inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(b); S.I. 1992/1286, art. 2, Sch.

F14 S. 85: words in definition of "light passenger vehicle" substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060, arts. 1(2)(f), 3, Sch. Pt.1 para. 2; S.S.I. 2005/392

Marginal Citations

M1 O.J. No. L370, 31.12.85, p.8.

M2 O.J. No. L318, 17.11.90, p.20.

M3 O.J. No. L374, 22.12.92, p.12.

M4 O.J. No. L256, 26.10.95, p.8.

M5 S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

M6 Cmnd 2073 and 2183.

M7 1981 c. 14.